A meeting of the Manatee County Port Authority will be held Thursday, October 21, 2021, at 9:00 am, 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.


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MANATEE COUNTY PORT AUTHORITY AGENDA

October 21, 2021 – 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

Invocation – Rev. Allen Howe Pledge of Allegiance Audience Introductions Public Comments


  1. Presentation – Christian Colmenares, and Dr. Linda Meehan, US Customs and Border Protection


  2. Presentation – Mark Evans, Air Products


  3. Consent Agenda


  4. Del Monte Fresh Produce Lease Renewal and Warehouse 6 Amendment


  5. Port Manatee Railroad LLC Agreement


  6. Executive Director Evaluation Discussion


Public Comments

Executive Director 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.

Reggie Bellamy, Chairman

Misty Servia, 1st Vice-Chairman; James Satcher, 2nd Vice-

Chairman; Carol Whitmore, 3rd Vice-Chairman;

Vanessa Baugh, Member; George Kruse, Member;

Kevin Van Ostenbridge, Member


AGENDA ITEM 1.: PRESENTATION – CHRISTIAN COLMENARES,

AND DR. LINDA MEEHAN, US CUSTOMS AND BORDER PROTECTION


image

Christian Colmenares, is a Customs and Border Protection Supervisory Agriculture Specialist, working with all organizational levels creating, promoting, and delivering solutions that support the agencies mission.

Mr. Colmenares is currently the Acting Port Director in Port Manatee overseeing an operation consisting of maritime and air operations. Previously, he was based in Miami, Florida working out of Miami International Airport overseeing one of the biggest agriculture operations in the nation. His position requires budget analysis, employee scheduling, employee mentoring, continuous

communication with stakeholders and numerous other activities pertaining to the lawful movement of legitimate cargo entering or transiting through the United States and passenger processing throughout the port of entry.



State University in June

Dr. Linda Meehan, Customs and Border Protection Agriculture Chief, began her government career with the United States Department of Agriculture (USDA) at the Port of El Paso, Texas in March of 2002 as a Plant Protection and Quarantine (PPQ) Officer. Upon her return from the USDA training academy in March 2003, she transitioned into the position of U.S. Customs and Border Protection (CBP) Agriculture Specialist within the newly formed Department of Homeland Security (DHS).

image

Dr. Meehan received her Doctor of Veterinary Medicine degree from Virginia-Maryland Regional College of Veterinary Medicine at Virginia Polytechnic Institute and 1987. Following graduation, Dr. Meehan worked in equine

veterinary medicine until moving to Texas in 2001 with her husband, a U.S. Customs and Border Protection Canine Officer.


Selected as the first Agriculture Specialist to join the El Paso Advanced Targeting Unit (ATU), Linda was later promoted in 2006 to Supervisory CBP Agriculture Specialist.

A promotion in August of 2010 led to a position as Agriculture Operations Manager (AOM) in the El Paso Field Office. As the first AOM for the El Paso Field Office, Linda had oversight of passenger and commercial agriculture operations at seven land border ports of entry and two airports.


In June 2015, Linda received a lateral reassignment to the Area Port of Tampa, Florida as CBP Agriculture Chief. The Area Port of Tampa includes seaports and airports processing international cargo, and passengers along the west coast of Florida. Linda currently holds the position of Branch Chief, Port Manatee and Agriculture Operations.


AGENDA ITEM 2.: PRESENTATION – MARK EVANS, AIR PRODUCTS BACKGROUND:

image

Mark Evans, Director of Manufacturing, Plant Manager, Port Manatee, joined Air Products in 1982 and held positions of increasing responsibility in design, projects, methodizing and quality at the U.K. Air Separation equipment manufacturing facility. He relocated to the USA with his family in January 2010 to assume a role managing

the Quality Assurance, Quality Control, and Welding Engineering functions within the Wilkes Barre LNG Manufacturing facility. This role expanded to include all of LNG Manufacturing and managing the ISO 9001 certified Quality Management System for design and manufacture of LNG equipment and machinery. In 2014, Mr. Evans was promoted to his current position of Plant Manager at the Port Manatee LNG Manufacturing facility which he has been involved with since its development in 2012. Mr. Evans is a Chartered Engineer and holds an Honors Degree in Mechanical Engineering from the John Moores University, Liverpool, England.

October 21, 2021


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes September 16, 2021


    3. Budget Resolutions FY 2021 & FY 2022


    4. Notice of Port Authority Meetings Schedule


    5. 2022 Holiday & Pay Date Schedule


    6. Master Plan Update Professional Services


    7. Suwannee American Cement Lease Rent Modification


    8. Port Manatee Tariff No. 3 Item 120


    9. Deletion of Port Assets


    10. Stantec Intermodal Container Yard Professional Services Authorization


    11. Intermodal Container Yard Change Order 6


    12. South Gate Expansion Contract Amendment


RECOMMENDATION:


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


AP

XXXXXXX

V100014

A AND W MAINTENANCE INC

190.00

AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

487.50

AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

1,556.25

AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

675.00

AP

XXXXXXX

V020252

ACCURATE BACKFLOW TESTING INC

274.36

AP

XXXXXXX

V026102

ADVANCED ESI LLC

160.50

AP

XXXXXXX

V025267

ALLEGRA PRINTING OF BRADENTON

310.14

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

89.45

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

85.58

AP

XXXXXXX

V002036

ANCHOR HOUSE

2,500.00

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

797.34

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

62.33

AP

XXXXXXX

V023254

ARCPOINT LABS OF SARASOTA

120.00

AP

XXXXXXX

V023254

ARCPOINT LABS OF SARASOTA

80.00

AP

XXXXXXX

V118009

AT AND T

70.47

AP

XXXXXXX

V118009

AT AND T

70.47

AP

XXXXXXX

V013140

AT AND T MOBILITY

48.78

AP

XXXXXXX

V023501

AT AND T TELECONFERENCE SERVIC

2.99

AP

XXXXXXX

V003201

AWNING SOLUTION INC

4,659.85

WT

XXXXXXX

V019189

BANK OF AMERICA

1,700.35

WT

XXXXXXX

V019189

BANK OF AMERICA

13,400.54

AP

XXXXXXX

V002730

BANK OF AMERICA

886.55

AP

XXXXXXX

V002730

BANK OF AMERICA

1,052.62

AP

XXXXXXX

V004571

BATTERY USA INC

127.00

AP

XXXXXXX

V004571

BATTERY USA INC

890.00

AP

XXXXXXX

V012515

BIG RED INC

13,000.00

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

32,496.60

AP

XXXXXXX

V173024

BRADENTON HERALD, THE

158.98

AP

XXXXXXX

V007624

BRIGHT HOUSE

792.37

AP

XXXXXXX

V007624

BRIGHT HOUSE

737.73

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

7,110.00

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

9,297.50

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

215.00

AP

XXXXXXX

P000322

CARNELL, DELISA J

61.75

AP

XXXXXXX

V017888

CEC MOTOR AND UTILITY SERVICES

1,384.51

AP

XXXXXXX

V021377

CINTAS CORPORATION

386.12

AP

XXXXXXX

V021377

CINTAS CORPORATION

386.12

AP

XXXXXXX

V021377

CINTAS CORPORATION

483.15

AP

XXXXXXX

V021377

CINTAS CORPORATION

681.34

AP

XXXXXXX

V028212

CORE IMAGING

1,088.29

AP

XXXXXXX

V028212

CORE IMAGING

238.79

AP

XXXXXXX

V010815

CRIME STOPPERS OF MANATEE CTY

250.00

AP

XXXXXXX

V027465

CRISDEL GROUP INC

544,294.79

AP

XXXXXXX

V200106

CSX TRANSPORTATION

2,386.00

AP

XXXXXXX

V006291

DEX IMAGING INC

315.24

AP

XXXXXXX

V006291

DEX IMAGING INC

6,475.00


AP

XXXXXXX

V006291

DEX IMAGING INC

355.04

AP

XXXXXXX

V282890

DISCOUNT LOCK AND KEY INC

10.00

AP

XXXXXXX

V025612

DYNAFIRE INC

395.06

AP

XXXXXXX

V025612

DYNAFIRE INC

467.50

AP

XXXXXXX

P000265

EDWARDS, MALCOLM R

44.25

AP

XXXXXXX

V025972

ELECTRONIC SYSTEM SERVICES INC

1,750.00

AP

XXXXXXX

V022096

ENTECH

395.00

AP

XXXXXXX

V024683

EVERGLADES EQUIPMENT GROUP

564.01

AP

XXXXXXX

V320642

FAIRBANKS SCALES

750.00

AP

XXXXXXX

V324212

FEDERAL EXPRESS CORPORATION

148.66

ZP

XXXXXXX

L333009

FLEET PRODUCTS

343.37

ZP

XXXXXXX

L333009

FLEET PRODUCTS

360.99

ZP

XXXXXXX

L333009

FLEET PRODUCTS

436.70

ZP

XXXXXXX

L333009

FLEET PRODUCTS

837.66

WT

XXXXXXX

V335586

FLORIDA DEPARTMNT OF TRANSPORT

543,850.00

AP

XXXXXXX

B500010

FLORIDA POWER & LIGHT

13,272.52

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

82,153.54

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

18,967.90

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,399.27

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

118.88

ZP

XXXXXXX

L007982

FRONTIER LIGHTING INC

225.00

AP

XXXXXXX

V015572

FULL SOURCE

1,188.46

AP

XXXXXXX

V015572

FULL SOURCE

828.36

AP

XXXXXXX

V023397

GAHAGEN AND BRYANT ASSOCIATES

7,575.00

AP

XXXXXXX

V353003

GALLS INC

1,024.11

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

40.15

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

1,856.16

AP

XXXXXXX

V385107

GRAHAM WHITE SALES

106.26

AP

XXXXXXX

V385628

GRAINGER INC, W W

510.86

AP

XXXXXXX

V385628

GRAINGER INC, W W

704.69

AP

XXXXXXX

V385628

GRAINGER INC, W W

2,531.05

ZP

XXXXXXX

L387610

GRAVELY OF BRADENTON

139.24

AP

XXXXXXX

V007986

GREATER TAMPA BAY MARINE ADVIS

833.33

WT

XXXXXXX

V027081

HANCOCK WHITNEY BANK

29,253.12

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

140.15

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

1,210.20

AP

XXXXXXX

V026398

HOME DEPOT PRO, THE

549.27

AP

XXXXXXX

V017862

ID WHOLESALER

841.70

AP

XXXXXXX

V896015

INTERISK CORPORATION

225.00

AP

XXXXXXX

P000094

ISIMINGER, GEORGE

515.36

AP

XXXXXXX

V004875

J2 ARTS INC

395.00

AP

XXXXXXX

V004875

J2 ARTS INC

790.00

AP

XXXXXXX

V012352

JANI KING OF TAMPA BAY

713.00

AP

XXXXXXX

V012352

JANI KING OF TAMPA BAY

713.00

AP

XXXXXXX

V027228

JENNI AND GUYS

255.00

WT

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00


WT

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00

WT

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

5,000.00

AP

XXXXXXX

V493800

JOHNSON PRINTING

125.64

AP

XXXXXXX

V015114

JOHNSTONE SUPPLY

1,138.80

AP

XXXXXXX

V018272

LIGHT BULB DEPOT OF TAMPA

187.50

AP

XXXXXXX

V018272

LIGHT BULB DEPOT OF TAMPA

46.98

AP

XXXXXXX

V018272

LIGHT BULB DEPOT OF TAMPA

7.50

AP

XXXXXXX

V013723

LOGISTEC USA INC

14,000.00

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

826.66

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

85.50

AP

XXXXXXX

V023184

LYNCH OIL COMPANY INC

4,626.30

AP

XXXXXXX

V023184

LYNCH OIL COMPANY INC

7,581.43

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

329.10

AP

XXXXXXX

V028850

MANATEE BROADCASTERS INC

3,500.00

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

140.00

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

620.00

UT

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

7,562.78

UT

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

9,759.29

AP

XXXXXXX

V000259

MANATEE SPORTS UNLIMITED

1,075.00

AP

XXXXXXX

V022877

MCGUIRE ELECTRIC INC

19,599.47

AP

XXXXXXX

V026617

MIDCOAST CONSTRUCTION ENTERPRI

254,481.75

AP

XXXXXXX

V002700

NATUR CHEM INC

3,008.69

AP

XXXXXXX

V682112

NEAL, SHEILA

80.08

AP

XXXXXXX

V001816

NEW YORK AIR BRAKE CORP

7,966.00

AP

XXXXXXX

V027384

NORTH RIVER SMALL ENGINE LLC

262.65

AP

XXXXXXX

V025892

OCEANSIDE PROMOTIONS

538.00

AP

XXXXXXX

V701905

OFFICE DEPOT INC

1,052.90

AP

XXXXXXX

V708015

OTIS ELEVATOR

2,973.48

AP

XXXXXXX

V026028

PARATEC DOOR SOLUTIONS INC

260.00

AP

XXXXXXX

V028846

PORT OF PORT MANATEE PROPELLER

250.00

AP

XXXXXXX

V022437

PREFERRED GOVERNMENTAL INSURAN

21,972.25

AP

XXXXXXX

V746898

PRINTWORKS

182.00

AP

XXXXXXX

V746898

PRINTWORKS

285.50

AP

XXXXXXX

V018591

PRO MARINE INC

42.32

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

219.95

AP

XXXXXXX

V020765

R S AND H INC

1,343.55

AP

XXXXXXX

V019469

RAILINC CORPORATION

260.00

AP

XXXXXXX

V027409

RAMBA LAW GROUP LLC

3,500.00

WT

XXXXXXX

V007824

REGIONS BANK

372,060.04

AP

XXXXXXX

V025907

SHORT LINE DATA SYSTEMS INC

400.00

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

78,566.49

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

106,853.63

AP

XXXXXXX

V023244

SIGN SOLUTIONS OF TAMPA BAY IN

630.00

AP

XXXXXXX

V018549

SONITROL

528.00

AP

XXXXXXX

P000213

ST PIERRE, DAVID M

969.68

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

94,298.28


WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE


12,954.28

AP

XXXXXXX

V875019

STATE OF FLORIDA


1,533.78

AP

XXXXXXX

V894121

SUMMERS RAILROAD CONTRACTOR

I

58,031.31

AP

XXXXXXX

V021175

SUNCOAST PRINT AND PROMOTIONS


2,530.25

AP

XXXXXXX

V901434

TAMPA BAY BUSINESS JOURNAL


80.00

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY


49.17

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY


30.69

AP

XXXXXXX

V028145

THE MCCLATCHY COMPANY LLC


78.39

AP

XXXXXXX

P000397

TILLOTSON, CHARLES D


197.11

AP

XXXXXXX

V025076

TOWN SQUARE PUBLICATIONS LLC


1,495.00

AP

XXXXXXX

V005547

TROPIC SUPPLY INC


17,169.31

AP

XXXXXXX

V028789

TSW AUTOMATION INC


212.50

AP

XXXXXXX

V027963

UNIFIRST FIRST AID AND SAFETY


34.86

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC


14,164.23

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC


285.70

AP

XXXXXXX

V024346

VADELUND, M LYNNE


3,180.00

AP

XXXXXXX

V009207

VANN PRESENTATION SERVICES INC


5,342.76

AP

XXXXXXX

V009667

VERIZON WIRELESS


1,130.80

AP

XXXXXXX

V009667

VERIZON WIRELESS


36.40

AP

XXXXXXX

V028094

WASTE CONNECTIONS OF FLORIDA I


610.65

AP

XXXXXXX

P000292

ZIMMERMANN,VIRGINIA


119.88

AP

XXXXXXX

P000292

ZIMMERMANN,VIRGINIA


239.99


image

Total warrants (checks) for period reported 2,532,025.42

image

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida September 16, 2021

Present were:

Reggie Bellamy, Chairman

Misty Servia, First Vice-Chairman

James A. Satcher III, Second Vice-Chairman Carol Whitmore, Third Vice-Chairman Vanessa Baugh

George W. Kruse

Absent was:

Kevin Van Ostenbridge

Also present were:

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

Susan Butts, Accountant II, Clerk of the Circuit Court Quantana Acevedo, Deputy Clerk, Clerk of the Circuit Court

Chairman Bellamy called the meeting to order at 9:00 a.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

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


PUBLIC COMMENT

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

AGENDA PA20210916DOC001

Agenda Update:

PA20210916DOC002


1. EMPLOYEE RECOGNITION

image Carlos Buqueras, Executive Director, and David St. Pierre, Director of Public Safety and Security, recognized the retirement of Tim Boothby, Trusted TWIC (Transportation Worker Identification Credential) Agent, with the presentation of a Bell Plaque Award. PA20210916DOC003

3. PRESENTATION – U.S. CUSTOMS AND BORDER PROTECTION

Carlos Buqueras, Executive Director, explained that due to technical issues this presentation would be deferred to the October meeting.


Dr. Linda Meehan introduced herself as the Branch Chief, Port Manatee and Agriculture Operations, for U.S. Customs and Border Protection (CPA).

image Christian Comenares, Supervisory Agriculture Specialist and Acting Port Director for the

U.S. Customs and Border Protection, reported the CPA is the largest law enforcement agency in the nation, and their role is to eradicate any national terror threats. PA20210916DOC004

SEPTEMBER 16, 2021 (Continued)


2. PRESENTATION – FLORIDA PORTS COUNCIL

image Mike Rubin, President/Chief Executive Officer, of the Florida Ports Council, utilized a slide presentation to review Florida’s Maritime History, Florida Seaports (15 Statutory Seaports), Seaport Governance Models, Seaports support, cargo, cruise, Florida Ports Council, FSTED Program, FPFC Program, COVID-19 impacts on Florida Seaports, Florida Seaports’ future investments, and Federal and State legislative issues.


image Discussion took place on how Ports are economic drivers for Florida, growth at the Port, Congressman Vern Buchanan would like to see cruise ships at the Port, and the importance of the Florida Ports Council. PA20210916DOC005


image

CONSENT AGENDA PA20210916DOC006

  1. A motion was made by Member Servia, seconded by Member Whitmore, and carried 6 to 0, with Member Van Ostenbridge absent, to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda

    1. WARRANT LIST

      Accepted Warrant Listing from August 12, 2021, to September 8, 2021 PA20210916DOC007

    2. MINUTES

      Approved the Minutes of August 19, 2021

    3. BUDGET AMENDMENT

      Adopted Budget Resolution PA-21-19 PA20210916DOC008

    4. INSURANCE

      Approved the following estimated insurance coverages for the Port Authority (actual premium quotes have not been received from all the carriers). There may be possible increases/decreases due to actual invoice and changes in insurance coverage:

      • The Florida Municipal Insurance Trust for real and personal property for a premium of $221,173. Boiler and Machinery and Crime included in real and personal property coverage;

      • Boyd Insurance & Investment Services for Inland Marine, Vehicle Liability and Workers’ Compensation for estimated premiums of $33,716, $16,683 and

        $68,877, respectively; and

      • McGriff, Seibels & Williams, Inc. for estimated Port Liability - $81,576, estimated Umbrella - $72,083, Public Officials (included in Port Liability), and Railroad (included in Port Liability) PA20210916DOC009

    5. 2021 PORT SECURITY GRANT PROGRAM AGREEMENT

      Accepted into the record Agreement EMW-2021-PU-00292-S01 from the Federal Emergency Management Agency Department of Homeland Security for phase 2 of perimeter fencing, cyber security assessment/mitigation, and wireless networking expansion PA20210916DOC010

    6. WAREHOUSE 6 MODERNIZATION PROJECT

      Approved Stantec Consulting Services Inc., for Warehouse 6 improvement project professional services as recommended by the Evaluation Committee, and authorized negotiation of the contract to be brought back to the Port Authority for approval

      PA20210916DOC011

    7. INTERMODAL CONTAINER YARD

      Approved and authorized the Chairman to execute Professional Services Authorization 21-03 to Stantec, $107,150, for revisions to the Intermodal Container Yard Expansion Project, subject to the review and approval of the Florida Department of Transportation

      PA20210916DOC012

    8. PORT ASSETS

      Approved the removal of assets listed on the Asset Deletion – September 16, 2021, from the Fixed Assets Listing PA20210916DOC013


    9. MOBILE HARBOR CRANES RETROFIT

Approved a Purchase Order to Konecranes, Inc., for the retrofit of two, Port–owned Gottwald Mobile Harbor Cranes, $260,920, subject to Konecranes, Inc., acceptance of the Port’s legal counsel’s revised terms and conditions PA20210916DOC014

(End Consent Agenda)

image

CRUISE TERMINAL

Carlos Buqueras, Executive Director, reported a recent meeting took place between Port Manatee and executives from Carnival Corporation, which is the owner of the world’s largest cruise line including Carnival Cruise Lines, to discuss a cruise terminal at Port Manatee. One cruise ship can cost $1 billion, which would require 2,500 crew members, and 6,500 passengers a week (for the larger ships). Congressman Vern Buchanan was also present for the meeting and supports a cruise terminal at Port Manatee.


Discussion proceeded on the growth at Port Manatee, need to start planning (height of the cruise ships, location of the cruise terminal, etc.), need a letter of support from the Port Authority, great opportunity, cruises would increase economic development, would a cruise terminal impact the container business, and two locations have been identified to build an efficient cruise terminal at Port Manatee.

image

Motion

A motion was made by Member Satcher to have the Chairman and Carlos Buqueras put together a Letter of Support to endorse moving forward decisively on getting a cruise terminal. Member Whitmore seconded the motion and asked if the motion could include a plan and feasibility.


There was discussion on how additional services would be needed at the Port to accommodate patrons, should focus on growth including recruiting other companies like Air Products, do not know the specifics of having a cruise terminal, and there was conversation in the past with the Florida Department of Transportation (FDOT) about a cruise terminal location not affected by the Skyway Bridge,

image

Motion – Amended

Member Satcher amended his motion to reflect rather than sending a Letter of Support, have staff bring back details on a plan and location. Member Whitmore did not second the amendment to the motion due to concern about competitiveness with the Port of Tampa and how the letter of support should be in support of Congressman Buchanan’s efforts.

Member Baugh seconded the amendment and stated due diligence is needed.


Member Servia stated no commitment is being offered by sending a letter of support, and the target could be different type of ships.


Chairman Bellamy stated Congressman Buchanan has been doing research and the cruise terminal would be a multi–use terminal.


Member Kruse stated he would support a feasibility study and sending a letter of support, but he may not support the outcome.


image Mr. Buqueras stated the terminal would be a multi-purpose terminal (day cruises, ferries, and cruises) in order to maximize the benefit of the terminal. The Port Manatee Master Plan


would include a consult for a cruise terminal. He confirmed there is land available on the other side of the Skyway Bridge that could accommodate a cruise terminal.

Member Baugh withdrew her second to the amendment.


Member Servia stated a possible ferry to Cuba and the water taxi between Downtown Bradenton and the Island are catalysts to investigate a cruise terminal.


Member Satcher restated his motion as draft a Letter of Support including request information as mentioned during discussions. The motion was seconded by Member Whitmore.

image

Discussion ensued on the motion on the floor. Motion – Clarified

Member Kruse clarified the motion as: I move for the Chairman of the Port Authority and the Director of the Port write a Letter of Support to Congressman Buchanan with this authority’s support of his efforts to move forward with his determination of the feasibility of a cruise terminal at Port Manatee.


The motion as clarified was moved by Member Satcher, seconded by Member Whitmore and carried 6-0, with Member Van Ostenbridge absent. PA20210916DOC015


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PUBLIC COMMENT

Keith Robbins, FDOT District Freight and Seaport Coordinator, reported on the Grant Agreement for American Rescue Plan Act Recovery Funds was executed on September 15, 2021, and the three Public Transportation Grant Agreements approved on August 19, 2021, have been executed. FDOT is moving forward with planning and coordination to install a traffic signal on the south side of I-275 on U.S. 41 within the next 12 months. In last month’s District One town hall meeting, a practice was starting on providing updates on projects across the 12 county region and Port Manatee was highlighted. On September 2, 2021, the Manatee Operations Maintenance Team visited Port Manatee and they were impressed.


image Daniel Fitzpatrick, FDOT Seaport Manager, explained FDOT is involved in seaports (Florida has 14 active seaports) because they create primary, secondary and tertiary economic opportunities (jobs and businesses) and their infrastructure lasts 30 or more years. He manages the State’s $95 million annual economic grant program, and this year it is worth

$250 million due to the American Rescue Plan Act Recovery Funds.

Member Baugh thanked FDOT for their partnership.

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

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, utilized a slide presentation to highlight:


ATTACHMENT:


Budget Resolution PA-21-20. Budget Resolution PA-22-02.


COST AND FUNDING SOURCE:


FY 2021: Budgets $5,684 2017 PSGP grant revenue and expense and transfer of $189,150 to port cash.

FY 2022: Budgets $250,000 FDOT funding, and $353,587 port cash.


CONSEQUENCES IF DEFERRED:


Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:


Move to adopt Budget Resolutions PA-21-20 and PA-22-02.

RESOLUTION PA-21-20 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2020-2021


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 2020-2021 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


    Item No.

    Batch ID No.

    Reference No.

    1

    BAAL102121A

    BU22000013

    2

    BAAL102121A

    BU22000014

    3

    BAAL102121A

    BU22000015


    ADOPTED with a quorum present and voting this the 21st day of October, 2021.


    ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

    CLERK OF CIRCUIT COURT


    image

    By:                                                                                

    BUDGET ADMENDMENT RESOLUTION NO. PA-21-20 AGENDA DATE: October 21, 2021


    1. Fund: Port Capital Improvement Fund: 2017 PSGP Grant


      Section: North Gate Expansion


      Description: Budgets an increase of $66 in the Port Capital Improvement revenue and expense, and $5,684 for grant revenue and expense to align the budget with the 2017 Port Security grant and close out the project.


      Batch ID: BAAL102121A Reference: BU22000013


    2. Fund: Port Capital Improvement Section: Manatee Harbor Dredge-Phase 2

      Description: Budgets a decrease of $80,637 to close out the Manatee Harbor Dredge-Phase 2 project and transfer back to Port cash.


      Batch ID: BAAL102121A Reference: BU22000014


    3. Fund: Port Capital Improvement Section: Maintenance Dredge Berth 4-14

Description: Budgets a decrease of $108,579 to close out the Maintenance Dredge Berth 4-14 project and transfer back to Port cash.


Batch ID: BAAL102121A Reference: BU22000015

RESOLUTION PA-22-02 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2021-2022


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 2021-2022 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


Item No.

Batch ID No.

Reference No.

1

BAAL102121B/C

BU22000016

2

BAAL102121B

BU22000019


ADOPTED with a quorum present and voting this the 21st day of October, 2021.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


image

By:                                                                                

BUDGET ADMENDMENT RESOLUTION NO. PA-22-02 AGENDA DATE: October 21, 2021


  1. Fund: FDOT Grant Funding - $250,000 Fund: Port cash - $250,000


    Section: 2021 Master Plan


    Description: Budgets a total of $500,000 for the 2021 Master Plan which serves as a long-term planning guide for seaports.


    Batch ID: BAAL102121B/C Reference: BU22000016


    2)

    Fund: Port Capital Improvement Section: South Gate Expansion

    Description: Budgets an additional $103,587 for construction costs. Batch ID: BAAL102121B Reference: BU22000019

    October 21, 2021


    CONSENT

    AGENDA ITEM 3.D.: 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-22-01, a schedule of the Port Authority’s meetings for fiscal year 2021-2022.


    ATTACHMENT:


    Resolution PA-22-01 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-22-01 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-22-01


    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, during each regularly scheduled Tuesday meeting of the Board of County Commissioners of Manatee County, Florida and in the same location as the Board of County Commissioners of Manatee County meeting, which is held at either the County Commission chambers on the 1st floor of the Manatee County Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida or at the Manatee County Civic Center, 1 Haben Boulevard, Palmetto, FL 34221, as publicly announced.


    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-21-01 adopted October 27, 2020, giving notice of meetings of said Port Authority is hereby canceled.

ADOPTED with a quorum present and voting this the 21st day of October 2021. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


                                                       By:                                                                         

Chairman

October 21, 2021


CONSENT

AGENDA ITEM 3.E.: 2022 HOLIDAY & PAY DATE SCHEDULE


BACKGROUND:


Each year the Port Authority approves a schedule of Port Authority holidays and pay dates for Port employees for the following year.


ATTACHMENT:


Manatee County Port Authority 2022 Holiday & Pay Date Schedule.


COST AND FUNDING SOURCE:


N/A.


CONSEQUENCES IF DEFERRED:


N/A


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to approve the schedule of holidays and pay dates for the Manatee County Port Authority for calendar year 2022.


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MANATEE COUNTY PORT AUTHORITY 2022 HOLIDAY & PAY DATE SCHEDULE


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THREE (3) PERSONAL HOLIDAYS: To be used on or before December 31, 2022 (Advance approval by management required)


HOLIDAY image PAYDATE

October 21, 2021


CONSENT

AGENDA ITEM 3.F: MASTER PLAN UPDATE PROFESSIONAL SERVICES


BACKGROUND:


The Authority’s current Master Plan was approved in 2016. Due to substantial growth with much of the planned capital improvements having been accomplished in the interim, update of the plan is now necessary. The plan will be updated in accordance with Section 311.14, Florida Statutes, followed by update of the Port Element of the County Comprehensive Plan in accordance with Chapter 163, Florida Statutes. Pursuant to the Port Manatee Professional Engineering Services Continuing Contract dated June 16, 2020, Atkins North America has submitted a fee of $500,000 for the planning effort. FDOT will fund 50% of the cost.


ATTACHMENT:


Professional Services Authorization (PSA) No. 22-01.


COST AND FUNDING SOURCE:


FDOT funding of $250,000.00 and Port cash of $250,000.00.


CONSEQUENCES IF DEFERRED:


Delay in commencement of project.


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute Professional Services Authorization (PSA) No. 22-01. to Atkins North America, Inc. in the amount of $500,000.00 for

an update to the master plan.

PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO.          2=-2-"""'0=-l _


Pursuant to the Port Manatee Professional Engineering Services Continuing Contract dated June 16, 2020, between the Manatee County Port Authority, hereinafter referred to as the "Authority" and


Atkins North America, Inc,


hereinafter referred to as the "Consultant", the Authority hereby authorizes and the Consultant hereby agrees to perform the hereinafter identified professional services for the project, facility or program identified as:


"Port Manatee Master Plan Update"


The professional services and additional terms hereby authorized by the Authority and agreed to by the Consultant are set forth in the attached proposal dated October 5, 2021 for the above entitled project, facility or program.


The total fees and expenses for these professional services must not exceed:

s soo,000.00.

DATED:                              


MANATEE COUNTY PORT AUTHORITY


By:                              Executive Director


CONSULTANT

CONTRACT MANAGER

George F. Isiminger

Senior Dir Engineering, Planning & Env. Affairs


Grant Contract#: G1Z25


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Name, Title: John J. Corley Ill, Sector Manager - Ports & Maritime

If applicable, the Authority has considered and hereby approves this Supplemental Professional Engineering Services Authorization with a quorum present and voting this _ day of_,


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Attest: MANATEE COUNTY PORT AUTHORITY


By:                                                          By:                                                 


Clerk of the Circuit Court Chairman



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Mr. George F. Isiminger, PE Senior Director & Port Engineer


Manatee County Port Authority 300 Tampa Bay Way Palmetto, FL 34221


October 5, 2021


Dear George:

Atkins

1925 Ballenger Ave

Suite 400

Alexandria, VA 22314

Direct: +1 571 733 5258

Mobile: +1 571 423 8065


atkinsglobal.com

snclavalin.com


Attached, please find the Atkins Team Proposed Scope of Work and Approach to deliver the Port Manatee Master Plan Update. As discussed, we have updated the drafts to include inputs and comments from you and your team.

Thank you very much for giving the Atkins Team the opportunity to be of service to you. I look forward to working with you and your team on this important project. Please feel free to reach out to me at 571- 423-8065 should you have any questions.


Kind regards


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John J. Corley III

Sector Manager, Ports & Maritime


Cc: Atkins Study Team Member Firms


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WS Atkins, Inc.

Registered office: 200 Westlake Park Blvd, Suite 1100, Houston, Texas 77079


Port Manatee Master Plan

Task Order Proposal

Manatee County Port Authority


October 5, 2021

image


Notice

This document and its contents have been prepared and are intended solely as information for Manatee County Port Authority and use in relation to Proposal for Port Manatee Master Plan

WS Atkins, Inc. assumes no responsibility to any other party in respect of or arising out of or in connection with this document and/or its contents.

This document has 15 pages including the cover.


Document history


Revision


Purpose description

Origin- ated


Checked


Reviewed


Author-ised


Date

Draft

Draft Proposal

JJC



JJC

9/17/21

Draft V2

Updated Scope

JJC



JJC

10/4/21

Draft Final

Final Review Draft

JJC



JJC

10/4/21

Final

Final Proposal

JJC



JJC

10/5/21





































Client signoff

Client

Manatee County Port Authority

Project

Port Manatee Master Plan

Job number



Client signature / date



Contents

Chapter Page

  1. Introduction 4

  2. Scope and Approach 5

    1. Preparatory-Work 5

    2. Client Work Sessions and Stakeholder Meetings 6

    3. Commercial Assessment Phase 7

    4. Facility Assessment Phase 8

    5. Pro Forma Planning Model 9

    6. Strategic Planning Phase 9

    7. Infrastructure Planning Phase 9

    8. Funding Strategies 11

    9. Evaluate the Economic Impact of Development Strategies 11

    10. Compliance and Mitigation Measures 11

    11. Final Plan 12

  3. Assumptions and Exclusions 12

  4. Proposed Fees 13

  5. Preliminary Schedule 13

1. Introduction

The Manatee County Port Authority (Port Manatee) is requesting a Master Plan Update in accordance with the Florida Department of Transportation guidance to update Florida seaport master plans every 5 years, and in conformance with Chapter 163 and Section 311.14 of the Florida Statutes. Port Manatee’s most recent master plan was published in June of 2016.

The Planning Area considered within the 2016 Master Plan update included Port-owned land within the Port Development Improvement District, adjacent properties devoted to port-related uses, and properties within the Planned Development Encouragement Zone. This master plan update will encompass this same Planning Area, however, will focus on leveraging public-private partnerships for direct investments within the Port Development Improvement District and qualify the benefits associated with third-party investment within the Planned Development Encouragement Zone for port-related activity.

Port Manatee has realized development success through the application and award of various grants and will continue to employ this funding mechanism for future projects. An element of the master plan update will identify future grant opportunities and describe strategies to successfully secure such grants on specific projects.

The goals of the Master Plan Update include:

  1. Update the existing conditions of the port facility in terms of site utilization, operational capacity and efficiency, completed and ongoing projects, and opportunities and constraints

  2. Update Port Manatee’s goals and policies to support its business growth.

  3. Update the market forecasts for the current mix of business lines at the port

  4. Identify and forecast the potential for new port cargo business lines

  5. Incorporate the strategies for cruise and ferry passenger business lines that will be developed by another consultant under a separate contract

  6. Assess Port Manatee’s competitiveness and value proposition in terms of return-on-investment potential when compared to other competing ports within Port Manatee’s market reach

  7. Provide a high-level benchmark analysis of port operations, particularly as it relates to container handling operations utilizing mobile harbor cranes versus rail-mounted ship-to-shore gantry cranes

  8. Develop useful tools to assist Port Manatee in assessing and evaluating business opportunities at the planning level as they arise

  9. Identify, characterize, and prioritize the mix of future investments, consisting of both currently planned projects and future projects necessary to maximize the Port’s attractiveness for business growth and meet strategic goals.

  10. Maximize the opportunity for public-private-partnerships

  11. Leverage previously identified strategies for port-related development of off-port properties

  12. Maximize alignment with the County’s Northwest Planning Study, and other applicable studies and plans

  13. Address existing DOT studies, including the freight mobility study and the Port Manatee study prepared for FDOT by Transystems Corporation

  14. Develop budget estimates for currently planned and future projects

  15. Identify funding strategies for implementation of future projects

  16. Consider and address the effects of climate change and identify resiliency strategies

  17. Identify, assess, and mitigate potential environmental considerations as part of the planning process

  18. Develop a Site Utilization Plan showing prioritized development projects

  19. Communicate the development concepts though a thoughtful, collaborative master vision planning process

  20. Update the Port Element of the County Comprehensive Plan, based on the outcomes of the Master Plan Update


The Master Plan Update will be led by Atkins and supported by Martin & Associates for cargo econometric forecasting and development of funding strategies, and incorporation of cruise / ferry sector findings that will be developed under a separate contract to be performed by Bermello Ajamil & Partners for cruise and ferry forecasting and planning.

With this proposal document, the Atkins team presents our proposed approach to deliver the various elements of the Master Plan Update, the proposed timeline for delivery, and proposed fees.

  1. Scope and Approach

    Within this section, we present our proposed approach to develop and deliver the Master Plan Update. Our approach is market-driven and is designed to engage frequently with Port Manatee leadership and engage with Port stakeholders at strategic points across the Master Plan’s development. Our approach will further include development of a quantitative Pro Forma Planning Model to simulate the current set of planned improvements and future investment alternatives from the perspectives of operational and financial performance, the application of public-private-partnerships, and return on investment potential. The model will provide Port Manatee with a meaningful tool from which to assess future business opportunities and measure their contribution to the Master Plan’s goals.

    The scope of work is segmented as follows:

    • Preparatory-Work

    • Client Work Sessions and Stakeholder Meetings

    • Commercial Assessment Phase

    • Facility Assessment Phase

    • Pro Forma Planning Model Development

    • Strategic Planning Phase

    • Infrastructure Planning Phase

    • Funding Strategies

    • Evaluate the Economic Impact of Development Strategies

    • Compliance and Mitigation Measures

    • Final Plan

      Each of the scope of work elements are discussed in greater detail within the following sections of this proposal.


        1. Preparatory-Work

          The project will commence in advance of an official kick-off work session to make efficient use of time and resources and will focus on advancing three key elements.

          • Data Request and Review

          • Selection of a Master Plan Steering Committee

          • Development of a conceptual Master Plan Branding Strategy


                1. Data Request and Review

                  The Study Team will conduct an initial data needs inventory. This initial inventory will serve as a starting point in the data collection and research component of the effort. Anticipated information for assembly includes:

                  • Boundary, topographical, parcel line, easement, building footprint, and other digitized mapping data for Port Manatee and surrounding properties.

                  • Aerial photography.

                  • Bathymetric data for Port Manatee and adjacent Port waters.


                  • Studies, reports and/or condition surveys of in-water, uplands, building and existing facilities found at the Port.

                  • Studies, reports and/or condition surveys on site environmental conditions (uplands and submerged).

                  • Studies, reports, mapping and/or other engineering information on internal and external roadways and traffic volumes, planned roadway improvements, rail movements, and other related information.

                  • Studies, reports, mapping and/or other engineering information on infrastructure serving the site, potable water and wastewater plant capacities, and other related data.

                  • Regulations (general and special) pertaining to local land use, environmental protection, watershed protection, storm water detention and other related data.

                  • Ship calls, commodity throughput and other related Port data.

                  • Previous and current applications for Port uses as well as grant applications.

                  • Existing leases and contractual obligations of the Port.

                  • Port Financial Statements, Revenue and Cost Center Data, and,

                  • Previous master plans for the Port as well as those of relevance to surrounding waterfront parcels and within the Planned Economic Development Zone for the Port.

                    The Study Team will prepare a data inventory request in advance of the Kick-off meeting to familiarize team members with the relevant information and prepare for a productive project kick-off.


                2. Master Plan Steering Committee Selection

                  Over the course of the Master Plan development, the Study Team will liaise with Port leadership, key stakeholders, regulatory bodies, and other relevant parties as identified by the Port. To facilitate communication strategies, identification of focus areas, and common understanding of development concepts, the Study Team recommends that Port Manatee identify and name representatives from the Port community to a Master Plan Steering Committee. It is recommended that the Steering Committee make-up be limited to between 3 and 5 key persons as identified by the Port. The Study Team will engage with the recommended Steering Committee on a regular basis via regularly scheduled video conference meetings throughout the project’s execution. If possible, the Committee’s make-up should be identified as part of the Pre-Work, however, can be discussed at the project kick-off meeting, with follow-up to formalize the Committee soon thereafter.


                3. Master Plan Branding Strategy

            Development of a Port Master Plan is a living public engagement process. It is recommended that the process be surrounded by a branding strategy to bring it to life. This would involve selection of a compelling vision statement, brief communication slogans, a predominant color scheme, potentially a logo for the plan, and preparation of document layouts, such as presentation materials and reports. As part of the Pre-Work, the Study Team will engage with a graphics designer to develop branding concepts for consideration, which will be discussed at the Project Kick-Off Work Session.


        2. Client Work Sessions and Stakeholder Meetings

          A successful master plan is inclusive of the port and its stakeholders throughout the development of the plan. The project team will conduct a number of targeted work sessions and meetings throughout the execution of the project, each with a focused agenda to drive decision-making and consensus. The anticipated meetings are summarized below, and briefly described in the following subsections.

          • Project Kick-Off Work Session

          • Stakeholder Planning Sessions

          • Steering Committee Meetings


                1. Project Kick-Off Work Session

                  The project will formally commence with a kick-off work session with Port Manatee leadership and key members of the Study Team. The focus of this work session will be to review the execution plan, review requested materials, and set the priorities, program, and planning framework for the Master Plan Update. We anticipate the Work Session will span 1.5 days, and will consist of:

                  • A formalized meeting with Port Manatee leadership to discuss project goals and objectives; revise and finalize the timeline, especially as it relates to public meetings; project communication requirements; recent local initiatives; discuss workable site program elements; and review of assembled/outstanding project data.

                  • Port and study area visit with the Client. The visit will include visual inspection and photo documentation of existing site features and facilities.

                  • One-on-one meetings with Client identified project stakeholders. These meetings could include meetings with staff from the Port, identified members of the Master Plan Steering Committee, FDOT, and other County departments.

                  • Meetings with representative civic groups, port users and other stakeholders to be identified.


                2. Stakeholder Planning Sessions

                  The Stakeholder Planning Sessions are characterized as public meetings to be held at strategic points in the development of the Master Plan. We anticipate three Stakeholder Planning Sessions will be held, ideally in-person at the Port Manatee Intermodal Center. Alternatively, the Stakeholder Planning Sessions could be held on a virtual platform if necessary. The key agenda items for the three anticipated Stakeholder Planning Sessions are briefly described as follows.

                  • Stakeholder Session 1 – Introduction to the Master Plan Development Process and invitation to provide feedback on priorities.

                  • Stakeholder Session 2 – Presentation on findings to date and preliminary master plan development concepts, and solicitation for feedback.

                  • Stakeholder Session 3 – Presentation on the Final Master Plan to be recommended for adoption.


                3. Steering Committee Meetings

            Should the Port adopt the recommended Steering Committee strategy for active engagement throughout the Master Plan development, the Study Team will schedule bi-weekly virtual video conference meetings with the Steering Committee. The meetings will be initially planned for 1-hour, however, will be adjusted as required to ensure all relevant topics are discussed. The Study Team prepare a standing agenda that will be modified over the course of the Plan’s development and prepare summary meeting minutes to document key decisions and to be shared with the Steering Committee.


        3. Commercial Assessment Phase

          The Commercial Assessment Phase of the Master Plan Update will drive addressable market forecast curves for cargo, cruise, and ferry traffic within the context of both existing business lines and identifiable future business opportunities. The Study Team will assess the Port’s existing business lines, the key market demand drivers surrounding existing business lines, the opportunities for future new business lines, and the Port’s competitiveness within the broader Gulf and Florida Port markets. The


              1. Cargo

                The cargo market analysis consists of four distinct subtasks, consisting of an assessment of the historical and current markets served by Port Manatee; the development of a competitive logistics hinterland for the Port; the identification of potential markets; and the development of cargo projections. Each is described in the following subtasks.


                1. Evaluate Current Markets

                  In this subtask, the current markets served by Port Manatee will be profiled. This includes an analysis of historical cargo flows by commodity and market share assessment with respect to competing regional ports. Interviews will be conducted with current tenants/terminal operators to identify factors driving cargo levels, competitive issues vis- à-vis regional ports; strengths and weaknesses of the port with respect to key commodities; the identification of previous tenants/carriers and understanding of why they are no longer with the port; future potential markets; current capacity metrics.


                2. Define Competitive Logistics Hinterland

                  The total logistics costs of using Port Manatee vs. competing ports such as Tampa, Pensacola, Port Everglades, Jacksonville, etc. to serve key inland consumption and production markets for specific commodities will be developed and consists of voyage costs (by trade lane), terminal charges, as well as inland surface mode costs. This process will define the key competitive logistics market that can be served by Manatee. In addition, capacity constraints and regional competing ports will also be identified.


                3. Identify Potential Markets

                  IHS Transearch data will be used to identify the flows of specific cargoes between key inland origins/destinations and Port Manatee and competing ports. This data base will provide information as to current cargoes moving to and from origins and destinations within Port Manatees cost competitive hinterland to and from competing ports. Based on this analysis, potential commodity volumes can be targeted for “capture” by Port Manatee. These cargo flows will also be matched with key shippers/consignees in the region using D&B Hoovers data base. In addition to the cargo flow analysis, we will also identify emerging trade lanes and cargoes similar to those now handled by Port Manatee but at competing ports. Regional markets will include trade development with Africa (perishables); increased service to the Caribbean, and in particular the West Indies for relay into the growing economies of Surinam and Guyana; and the identification of new carrier services calling the emerging markets, as well as calling competing ports.

                  Based on the analysis of potential markets, a targeted marketing strategy can be developed for use by Port Manatee.


                4. Develop Cargo Projections

                  Two sets of cargo forecasts will be developed. The first set of cargo projections will be developed for the current market base handled at Port Manatee. These projections will be developed from a combination of data derived from the interviews with the current tenants and carriers serving the Port, as well as the development of statistical models that will relate cargo volume throughput to such factors as regional population growth, relevant industrial/construction activity, and trading partners GDP levels.

                  The second set of cargo projections will focus on “potential cargo opportunities”. Based on the results of subtask 2.3.1.3, potential cargo flows will be identified which will provide a base from which “market penetration scenarios will be developed. In addition, based on the analysis of potential carriers, scenarios will also be developed as to the likelihood of new services and the impact on facility needs.

                  The cargo projections will be developed over a 10-, 20- and 30-year time horizon and be used as inputs into the following facilities tasks.


              2. Cruise / Ferry

          The Study Team understands that a targeted Cruise and Ferry Feasibility Study will be commissioned and executed separately from the Master Plan. The Study Team will work in collaboration with the Feasibility Study Team to incorporate the findings of that study within the Master Plan. It is anticipated that preliminary outcomes from the study will align with the timing of the Master Plan development and captured at appropriate milestones to provide a meaningful framework for inclusion in the Master Plan.


        4. Facility Assessment Phase

          The Facility Assessment Phase will establish the baseline state of readiness for the Port facilities in terms of stock of infrastructure, deployed equipment, operational capacity, traffic patterns, available expansion areas, and


          constraints, such as wetlands, seagrass, and other environmental factors. The assessment will clarify our understanding of the Port as it is and could be in the future. Collected data, stakeholder feedback, and site research transitions into opportunity and issue identification, map preparation and the fitting into place of foundational project pieces. Once completed, the Facility Assessment effort and deliverables are used to align the Client and public on a collective understanding of site issues and conditions.

          The Facility Assessment will commence with a site visit in conjunction with the Project Kick-off Work Session. The Study Team will become familiar with each of the facilities at the Port, and review port operations, facility condition, and maintenance with the Port. Working with Port, the Team will schedule targeted meetings with key port tenants and users to understand the facility from the user perspective. Summary meeting minutes will be aggregated into a centralized register of port operating conditions.

          A high-level operations capacity model will be developed to assess operational capacity limits for key infrastructure elements. The model will be based on the theory of constraints for cargo throughput measurement and will aid in identifying near-term bottlenecks, key performance indicators, and local productivity benchmarks. These data will be compared with similar data from selected port facilities within a similar peer group. When combined, target productivity benchmarks will be identified forecast the limits of capacity for the port’s systems and supporting infrastructure.

          The findings of the Facility Assessment will be captured in a Technical Memorandum and will be summarized in the Master Plan report.


        5. Pro Forma Planning Model

          The Study Team will develop a quantitative financial pro forma planning model to simulate revenues and costs associated with port operations, investments in capital improvements, public private partnerships, and return on investment metrics. The model will form the basis for quantitative analysis of options and potential future outcomes in financial terms. This tool will simulate annual financial results across the planning horizon, and consist of several modules, including: a dashboard environment, a market demand and forecast module, an operating cost module, a pro forma P&L statement, income statement, and balance sheet, a capital planning tool, a capital scheduling module, a capacity improvement and key performance indicator operations module, a public-private partnership revenue and cost share module, and a return-on-investment module. The tool will guide the Study Team in determining the range of benefit versus costs associated with investment in capital improvements. As part of the master plan deliverables, the Pro Forma Planning Model will represent a powerful tool to assist Port Manatee in assessing future business and project opportunities. The model will be developed as a Microsoft Excel tool.


        6. Strategic Planning Phase

          Following completion of the Commercial Assessment and Facility Assessment phases, and armed with the Pro Forma Planning Model, the Study Team will be able to assess options for the Port’s strategic direction. The Strategic Planning Phase will initially identify the suite of goals and objectives for the Port’s performance across prioritized metrics, such as capacity and levels of service provided, financial performance and return on investment, employment and job creation, economic impact, or environmental stewardship as some examples. The goals and objectives will be prioritized, and metrics will be developed to assess, compare, and contrast strategic options for their performance against the goals and objectives both quantitatively and qualitatively. The options that best meet the prioritized goals and objectives will be prioritized as key strategic objectives to form the strategic direction for the Port.

          The Pro Forma Planning Model will be utilized to simulate the strategic business future for the port. Through the tool, capacity needs will be identified and translated into operational, equipment, or infrastructure improvements necessary to meet future needs. These needs will be characterized as scalable planning modules from which a facility improvement plan and layout may be developed.

          The basis for the Strategic Direction will be captured in a Technical Memorandum and summarized in the Master Plan Update Report.


        7. Infrastructure Planning Phase

          The Study Team understands that Port Manatee has currently identified several projects that are either in advanced planning, are under construction, or characterized as future concepts for the next 5-10 years and are to


          be considered and incorporated into the Master Plan Update. The current list of projects to be assessed and incorporated are briefly identified as follows:

          • Berth 4 Expansion, planned for completion in July 2023

          • Berth 15 and Berth 3, determining which should be the priority for development, relative to rehabilitation of existing berths

          • Dry/Chilled Warehouse 12

          • Drop-trailer Lot paving

          • Cruise/Ferry Terminal

          • Boneyard warehouse

          • Completion of the container yard to the east and then to the south

          • Zone C cruise parking area

          • Truck check-in gates located outside of south gate

          • South gate 4 lanes

          • Berth rehabilitation projects - prioritizing and ranking berths 6, 7, 8, 10, 11 (and then new berths 3 and 15) according to condition, cost, and utilization/need. Berth 8 is considered a low priority.

          • Berth 10/11 corner improvement, as part of Berth 10 rehabilitation project concept

          • Berths 6/7 gap fill in, as part of the berth 6 or berth 7 rehabilitation project concept

          • Berth 15 crane rails with up to 3 new ship-to- shore gantry cranes

          • Berth 14 crane rails

          • Relocation of Zone C access road to the north edge of the Operations & Maintenance Site

          • Development of an additional bulk pad east of the existing sulfur pad, provisioned with an external gate on Piney Point Road and an internal Port gate.

          • Development of the boneyard area provisioned with an external gate on Piney Point Road and an internal Port gate.

          • Converting Zone C to all bulk cargo

          • Clear, expand and develop the triangular parcel east of TransMontaigne to Piney Point Road

          • Identify location for Louis Dreyfus tank warehouse north of Warehouse 10, providing 4-5 acres of space

          • Radiation Portal Monitors (RPM) with two parallel lanes potentially along the south side of South Dock Street, west of Reeder Road.

          • Electric cranes at Berths 12 and 14. Electrical service connections for rubber-tired cranes

          • Yachts retrofitting facility option.

          • Address existing DOT studies, including the freight mobility study and the Port Manatee study prepared for FDOT by Transystems Corporation.


            Each of these projects will be characterized during the initial steps of the Infrastructure Planning Phase and incorporated into the Pro Forma Planning Model as a starting point. Project descriptions, planning level schematic drawings, and budget estimates will be prepared for each project to communicate the key features of each project.

            In addition to the projects identified above, any additional improvements that are identified as part of the Strategic Planning Phase will be characterized and segmented into potential development projects. Project descriptions, planning level schematic drawings and budget estimates will be prepared in similar fashion to the currently identified projects listed above.


                1. Facility Development Map / Site Utilization Plan

                  A key part of the master planning effort will involve fitting the pieces together into a comprehensive facility development map and site utilization plan. The planning level schematic drawings for each of the development projects will be overlain and arranged on a scale map of the Port Manatee Facility and organized to maximize operational efficiency and adjacency to enabling infrastructure, maximize common use of existing infrastructure, such as roadways and utilities as required, and minimize disturbance to existing facilities and ongoing operations. Where required, the schematic drawings for each project will be customized and updated to make best use of selected parcels.

                  The Facility Development Map will initially consider a longer-term view, up to 20 years, showing a vision for a recommended full-build out and site utilization strategy at that future date. From this vision, the tactical implementation phases at 5-years and 10-years will be developed as interim Facility Development Maps and Site


                  Utilization Plans. The 5-year and 10-year maps will be generated from the prioritized list of projects and will identify flexibility zones where various options may be considered should market conditions present new opportunities over the implementation timeframe.


                2. Capital Development Plan

            Following development of the 20-year vision and the 5- and 10-year Facility Development Maps, the Study Team will optimize the Capital Development Plan within the Pro Forma Planning Model. The Capital Development Plan will consist of a prioritized list of projects, planning-level budget estimates, and a recommended implementation schedule over time to achieve the 5-year and 10-year Facility Plans.

            The estimated costs of the projects will be allocated over the planning horizon and linked to implementation triggers, such as capacity improvement requirements, new business initiatives, or off-site port-related projects that would support port activities. The cost estimates will also identify those elements that would require public investment in order to prepare parcels for future leases. Examples of such elements may include marine infrastructure improvements, site utilities, common access corridors, stormwater management improvements, as well as additional planning and permitting activities.

            Based on the recommendations identified during the Funding Strategies Phase of the Master Plan Update, the potential funding sources will be incorporated into the Model, structured to support grant applications and budget planning, and identifying the shares of project development costs to be allocated to other parties, and ultimately the burden of cost to the Port. These data will drive return-on-investment and benefit analyses from the perspectives of the Port and the participating parties. The goal is to identify the minimum cost burden to the Port as part of its investment strategy, as well as the total cost of the project to be shared with potential partners where applicable.


        8. Funding Strategies

          Funding strategies will be evaluated in this task and will include an assessment of public-private partnerships, grant applications including benefit cost analysis, as well as bond financing and financing from port revenues. For each development strategy or project, the pro-forma financial model will generate returns to the Port. A separate analysis will be developed to measure the enterprise value of the operation (including revenue potential to an operator as well as to the port authority). This enterprise valuation will provide a guide as to lease targets, as well as the development of public-private partnerships and concession agreements.


        9. Evaluate the Economic Impact of Development Strategies

          Using the Martin Associates impact model that was developed for Port Manatee, each master development plan alternative/project will be evaluated in terms of jobs, income, revenue and tax impacts. The economic impact metrics for each project will be compared with the financial impacts to the Port to provide a set of metrics, both economic and financial by which each development plan/project can be evaluated and ranked.


        10. Compliance and Mitigation Measures

          The Facility Development Plan / Site Utilization Plan will consider potential impacts to natural resources within and surrounding the Port. While this phase of the project will be accommodated during the plan’s development, it is identified as a separate task to ensure issues are identified, measured, accounted for, and avoided or mitigated. The Study Team will review applicable requirements and commitments as they relate to Port Manatee and any development options. The applicable requirements will be documented within the Master Plan Update, and specific measures identified to avoid or mitigate potential impacts. Any permit requirements and costs associated with compliance will be identified and incorporated in the Capital Plan and Schedule.

          The Study Team will consider potential impacts associated with climate change and sea level rise and identify potential resiliency strategies and improvements that may be required to mitigate impacts. The Team will work with Port Manatee to determine a reasonable viewpoint on the range of forecast curves that have been proposed for sea level rise estimates. The Study Team will categorize potential impacts according to an assessment of risk and potential disruption of operations, or magnitude of loss. These data will inform a preliminary resiliency strategy to be incorporated into the Master Plan for future study and refinement.


          The Study Team will review the operations related to the Piney Point contaminated water storage site, identify potential risk exposures for Port Manatee, and identify measures, if any, to protect Port Manatee from potential impacts.

          In accordance with Part III, Paragraph 1 of the Florida Department of Environmental Protection Memorandum of Agreement for Land Use Controls (MOA-LUC), dated 5/16/2014, the Study Team will reference the MOA and enumerate the MOA restrictions in the master plan.


        11. Final Plan

      The Final Plan represents the Master Plan Update report deliverable, a stand-alone updated Master Plan Document, complete with supporting text, tables, graphs, drawings, and figures. It is recommended that the Master Plan deliverable format consist of an 11-inch x 17-inch book utilizing a concise presentation format to describe the Master Plan. This deliverable approach would fully document each of the key elements of the Master Plan, supported by meaningful data and graphics, in a print format that is easily digestible and communicated to public stakeholders. We recommend that where detailed supporting information is required, such information be presented as Technical Memoranda to accompany the Master Plan report.

      The Final Plan will be delivered in a Draft Format for review by Port Manatee. We have budgeted approximately 2 weeks for review and comment by Port Manatee. Following the review period, the Study Team will address comments as appropriate and deliver a Final Report, including a searchable PDF version.

      With acceptance of the Final Plan, the Study Team will Update the Port Element of the County Comprehensive Plan with the findings of this Master Plan Update.


  2. Assumptions and Exclusions

    The following exclusions are provided along with our scope of services:

    • Detailed building and in-water inspection of Port facilities are not included in this scope.

    • Port statistics, roadway and rail volumes, and other similar transportation data is to be provided by the Client / others.

    • Environmental permits and other planning permissions are not included in this scope.

    • Mapping and drawings will be in AutoCAD and PDF formats, utilizing both 22” x 34” and 11” x 17” formats to provide uniform scalability for production.

    • Digital copies of interim documents, the Draft and Final Master Plan Update as a searchable PDF, will be submitted to the Client; a limited number of printed copies will be provided.

    • Client is responsible for booking and cost of all facilities and venue charges associated with community engagement meetings.

    • Client is responsible for all official public notice and related media / advertising charges.

    • Alternatives / Conceptual Improvements developed under this scope of work are intended to be conceptual in nature and for general planning purposes. Conceptual level figures will be provided that can facilitate formal design efforts under a separate authorization.

    • It is assumed that the Study Team will have legal rights to access all areas requiring improvements. This proposal does not include coordination of property access or obtaining right-of-entry.

    • All calculations, design parameters, and surveys shall be submitted in English Standard Units. It is anticipated that the project will be referenced to NAVD 88.

    • Engineering services related to environmental assessments; mitigation plans; or survey of any jurisdictional wetlands are not included in this proposal


  3. Proposed Fees

    Provided below is Atkins’ proposed fee build-up associated with the core services presented herein. The total budget for execution of this Task Order is $500,000, inclusive of subconsultant costs, expenses for data acquisition from IHS Markit (which will be expensed at cost), a modest contingency for potential project adjustments, as well as airfare and lodging expenditures for in-person meetings. In-person meetings include Project Kick-Off, Stakeholder Work Session One (First Public Meeting), Stakeholder Work Session Two (Second Public Meeting), and the Final Presentation. The build-up that is presented below provides an approximation of level of effort for each project element. However, the project, as described herein, will be managed to a total fixed fee budget of

    $500,000 for the Task Order, and executed under the terms of the Port Manatee Professional Services Continuing Contract, dated June 16, 2020 between Atkins North America, Inc and Manatee County Port Authority.




    Project Element

    Average Billing Rate

    Atkins Personnel

    Martin Associates Personnel


    Total Budget


    PM


    DPM

    Proj

    Asst


    Planner


    Eng 2


    Eng 3


    Eng 4


    Sci 2


    Sci 3

    CAD /

    Graphics


    PM

    Lead

    Economist Economist Admin

    $ 295

    $ 150

    $ 90

    $ 180

    $ 159

    $ 188

    $ 218

    $ 111

    $ 143

    $ 113

    $ 250

    $ 200

    $ 150

    $ 90

    Preparatory-Work

    8

    8

    16

    8

    8





    16


    $ 9,512

    Client Work Sessions and Stakeholder

    Meetings

    40

    40

    24

    40


    24






    $ 31,660

    Commercial Assessment Phase


    148

    240

    100

    $ 100,000

    IHS Data Acquisition



    $ 15,000

    Facility Assessment Phase

    8



    40


    40



    24

    40


    $ 24,980

    Pro Forma Planning Model

    Development

    40


    40









    $ 15,400

    Strategic Planning Phase

    60

    24


    60







    24

    40


    $ 46,100

    Infrastructure Planning Phase

    40

    60


    60

    60

    60


    24

    24

    120


    $ 71,974

    Funding Strategies


    40

    24


    $ 14,800

    Evaluate the Economic Impact of

    Development Strategies


    24


    60

    $ 15,000

    Compliance and Mitigation Measures






    24

    40

    40


    20


    $ 19,890

    Final Plan

    60

    16

    40

    120


    80

    40



    80

    40


    60

    $ 93,400

    Contingency



    $ 20,204

    Project Management

    24

    100










    $ 22,080















    Project Total Budget


    $ 500,000


  4. Preliminary Schedule

The Study Team has identified a project delivery schedule that will drive towards completion of the Master Plan Update across a 10-month period. The schedule assumes a November 1, 2021 Notice to Proceed, and submittal of the Final Report by mid-August 2022. We have identified opportunities to overlap various phases of the project as information is developed and identified recommended timeframes for Stakeholder Work Sessions at strategic points in the project development.

The Proposed Schedule is shown on the next page.


ID Task

Mode


Task Name Duration Start Finish

Project Schedule - Port Manatee Master Plan Update

ep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22

5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 2

1 Port Manatee

Master Plan Update

205 days?

Mon 11/1/21

Fri 8/12/22

  1. Preparatory Work

  2. Client Work

    Sessions and Stakeholder

  3. Kick-Off Work

Session

14 days

137 days


2 days

Mon 11/1/21Thu 11/18/2

Fri 11/19/21 Mon

5/30/22


Fri 11/19/21 Mon

11/22/21

  1. Stakeholder

    Work Session 1

  2. Stakeholder

    Work Session 2

  3. Stakeholder

    Work Session 3

  4. Commercial

    Assessment Phase

  5. Facility

    Assessment Phase

  6. Pro Forma

    Planning Model

  7. Strategic Planning

    Phase

  8. Infrastructure

Planning Phase

5 days


5 days


5 days


60 days


21 days


14 days


45 days


60 days

Mon 12/13/21

Tue 2/15/22 Tue 5/24/22

Tue 11/23/21

Tue 11/23/21

Wed 12/22/21

Wed 1/26/22

Tue 3/1/22

Fri 12/17/21


Mon 2/21/22

Mon 5/30/22

Mon 2/14/22

Tue 12/21/21

Mon 1/10/22

Tue 3/29/22


Mon 5/23/22

  1. Funding Strategies 14 days

    Wed 5/4/22

    Mon 5/23/22

  2. Evaluate the

    Economic Impact of Development Strategies

  3. Compliance and

Mitigation

14 days


14 days

Wed 5/4/22


Wed 5/4/22

Mon 5/23/22


Mon 5/23/22

16 Final Plan

59 days?

Tue 5/24/22 Fri 8/12/22

  1. Draft Report

  2. Client Review

30 days

14 days

Tue 5/24/22 Tue 7/5/22

Mon 7/4/22 Fri 7/22/22

19 Final Report

14 days

Mon 7/25/22Thu 8/11/22


20



Update County Comprehensive Plan

14 days

Mon 7/25/22

Thu 8/11/22

21



Completed Master Plan

1 day?

Fri 8/12/22

Fri 8/12/22

8/12



Project: Project Schedule - Port Date: Tue 10/5/21

Task Split

Milestone Summary

Project Summary Inactive Task Inactive Milestone Inactive Summary

Manual Task Duration-only

Manual Summary Rollup Manual Summary

Page 1

Start-only Finish-only External Tasks

External Milestone

Deadline Progress Manual Progress

image

image


John J. Corley III WS Atkins, Inc. 1925 Ballenger Ave

Suite 400

Alexandria, VA 22314


Mobile: +1 571 423 8065


© WS Atkins, Inc. except where stated otherwise



image

Port Manatee Master Plan | 4.0 | October 5, 2021

Atkins | Proposal - Port Manatee Master Plan 2021 - Final Page 15 of 15

October 21, 2021


CONSENT

AGENDA ITEM 3.G.: SUWANNEE AMERICAN CEMENT LEASE RENT

MODIFICATION


BACKGROUND:


The Port Authority and Suwannee American Cement Company, LLC are currently entered in a long-term lease covering certain real property at Port Manatee. The lease requires that the rental payments be adjusted every five years based upon appraisals. Both parties agreed with the fair market rental value of an appraisal, and it was agreed that the rental payment would increase 9% to $16,250 per month.


ATTACHMENT:


Port Manatee Third Lease Rent Modification Agreement


COST AND FUNDING SOURCE:


N/A


CONSEQUENCES IF DEFERRED:


Delay in approval of the rent modification


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute Port Manatee Lease Rent Modification Agreement between the Manatee County Port Authority and Suwannee American Cement Company LLC.

PORT MANATEE THIRD LEASE RENT MODIFICATION AGREEMENT


THIS PORT MANATEE LEASE RENT MODIFICATION AGREEMENT (hereinafter


"Agreement'') made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, whose post office address is Port Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221, (the"Authority"), and SUWANNEE AMERICAN CEMENT COMPANY LLC, a Delaware limited liability company duly authorized to transact business in the State of Florida, whose business address is 4750 E. County Rd 470, PO Box 445, Sumterville, FL 33585 ("Suwannee" or "Lessee"), for and in consideration of the mutual covenants herein contained and other good and valuable consideration, agree as follows:

WHEREAS, on December 17, 2009, Eastern Cement Corp., the predecessor in interest to Suwannee, entered into the Amended and Restated Land Lease wherein the previous lease agreements as described in the Amended and Restated Land Lease entered into by Eastern Cement and the Authority, including but not limited to the Lease dated July 14, 1983, for real property located at Port Manatee in Manatee County, Florida, was amended and restated ("Amended and Restated Lease"); and

WHEREAS, pursuant to an order of the U.S. Bankruptcy Court in Ohio dated May 28, 2010, Oldcastle Materials Inc. purchased all the assets of Eastern Cement and assumed all rights, privileges, immunities, powers, franchises, obligations, restrictions, disabilities, liabilities, debts, and duties of Eastern Cement, including the rights and ob]jgations under the Amended and Restated Lease; and

WHEREAS, on or about June 2010, Suwannee, formerly known as American Cement Company, LLC. entered into an Assignment Agreement with Oldcastle Materials, Inc. and acquired all the rights and obligations under the Amended and Restated Lease; and

WHEREAS, on November 15, 2012, the Authority and Suwannee entered into the Amendment to the Port Manatee Amended and Restated Land Lease ("Amendment'') and

WHEREAS, on August 8, 2016, the Authority and Suwannee entered into the Port Manatee


Lease Rent Modification Agreement, hereinafter "Modification," increasing rent 25%; and WHEREAS, on February 15, 2018, the Authority and Suwannee entered into the Port

Manatee Lease Rent Modification Agreement, hereinafter "Modification 2," correcting a scrivener's error in the monthly rent; and

WHEREAS, on February 26, 2019, the Authority and Suwannee entered into Consent to Alteration of Agreements, hereinafter "Alteration", changing company name from American Cement Company LLC to Suwannee American Cement [LC (hereinafter the Amended and Restated Lease, Amendment, Modification, Modification 2, and Alteration shall be referred to as the "Lease Documents"); and

WHEREAS, the Lease Documents provided for periodic rent adjustments every five years based upon an appraisal of the parcels of real property covered by the Lease Documents; and

WHEREAS, the Authority and Suwannee contracted with a third appraisal firm for the


purpose of causing the demised premises to be appraised to determine the fair market rental value thereof; and,

WHEREAS, based on the current third appraisal of the market value of all the real property covered by the Lease Documents, Suwannee and the Authority have agreed to enter into this Agreement to memorialize the current rent adjustment for said real property for the five-year period beginning March l, 2021, and continuing to Febn.1ary 28, 2026; and

VlITNESSETH that for and in consideration of the foregoing premises, recitals and the mutual covenants contained herein, it is agreed by and between the pruiies as follows:

  1. RECITALS. The recitals are true and correct and are incorporated herein.


  1. RENT ADJUSTMENT. Suwannee shall pay to the Authority as rent for the demised premises beginning March 1, 2021, $16,250 per month payable in advance until February 28, 2026. Suwannee as the Lessee shall also pay any applicable sales tax on said rent at the same time rental payment are made. As of the date of this Agreement, Suwannee is current in its rent payments.

  2. RESERVATION OF RIGHTS. The parties recognize that rhe te1m of the Lease Documents covering real property located at Port Manatee ends on December 31, 2049. The adjustment of the rent due and payable from Suwannee under the Lease Documents as set forth in the preceding paragraph shall not constitute a waiver of the provisions and requirements within the Lease Documents for the adjustment, modification, and revisjon of future rental payments during any tenn commencing after February 28, 2026.

  3. ASSIGNMENT OR TRANSFER. All the interests, rights, and privileges granted to Suwannee in and by this Agreement and the Lease Documents shall not be assigned, and no portion of the right, title, interest, claim or demand relating to Pott Manatee real propet1y shall be transfened by Suwannee without the prior express written approval of the Authority in accordance with paragraph 21 (Assignment, Disposition, or Subletting) of the Amended and Restated Lease.

  4. SAVINGS CLAUSE. Except as herein provided, nothing herein contained shall be construed as altering the Lease Documents and said Lease Documents remain in full force and effect. In entering into this Agreement, the parties acknowledge that in no way has the Authority or Suwannee waived any of its rights or claims it may have against the other.

  5. AUTHORITY TO EXECUTE. Each of the parties hereto covenants to the other party that it has lawful authority to enter into this Agreement, and that the governing or managing

    bodyofeach of the parties hasapproved this Agreement and that the governingormanaging body


    of each ofthepatties has authorized the execution oft.his Agreement fn me1nanner hereinafterset

    forth.


    TN WITNESS WHEREOF, the parties have caused this PORT MANATEE THIRD


    LEASE RENTMODIFJCATION AGREEMENT to be duly executed in dLtplicate,this tbe 21" day of October 2021.

    ATTEST: ANGELINA COLONNESO MANATEE COUNTY PORT AUTHORITY

    Clerk of Circuit Court


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


    WITNESSES:                        

    ----::, ec-----

    - c:i0(L -


    By: --·

    Chairman


    SUWANNEE AMERICAN CEMENT

    COMP ,

    By: 0lm1AC ="---=-.-.......,--  

    Title: :P[:( J c -e.VJ t:


    Page 4 of 4


    image

    October 21, 2021


    CONSENT

    AGENDA ITEM 3.H.: PORT MANATEE TARIFF NO. 3 ITEM 120


    BACKGROUND:


    Port staff will no longer operate the switching terminal railroad at Port Manatee effective December 1, 2021. The railroad will now be operated by Port Manatee Railroad LLC with its own switching tariff. Tariff Item120 is changed accordingly.


    ATTACHMENT:


    Port Manatee Tariff No. 3 Item 120


    COST AND FUNDING SOURCE:


    N/A.


    CONSEQUENCES IF DEFERRED:


    N/A


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:


    Move to approve the rewording of Item 120 in Port Manatee Tariff No. 3 to reflect the change in railroad operations.

    PORT MANATEE TARIFF NO. 3

    9th Rev. Page 3 Cancels 8th Rev. Pg. 3

    SECTION ONE GENERAL INFORMATION

    ITEM

    SUBJECT

    APPLICATION

    110

    Location

    Port Manatee is located at the entrance to Tampa Bay on the West Coast of Florida at 27° 38’0” N and 82° 33’30” W. The

    entrance to Tampa Bay is located about 220 miles north of Key West and 330 miles south of Pensacola. The Port is situated about 11 miles up channel from Egmont Key Light.

    115

    Channel and Harbor Basin

    Port Manatee has eight (8) berths for deep water draft vessels and one barge berths for shallow vessels. Complete tug service, fuel, bunkers, potable water, telephones, electricity, stevedoring, ships chandlers, warehousing, land transportation, topside ship repair, etc., are all available at dockside.


    The Port’s main harbor basin measures approximately 1,500’ long by 800’ wide and connects to Cut “B” of the Tampa channel with the Manatee Harbor channel.

    120

    Railroad

    The Port Authority operates its owns a switching Terminal Railroad at Port Manatee which is operated by Port Manatee Railroad, LLC.


    There are 7 miles of track connecting with the CSX Transportation Inc. tracks with capacity for 300 railcars. The interchange provides capacity for up to 300 195 railcars. and ladder tracks for 45 railcars.


    Charges for switching are contained in PORT MANATEE SWITCHING RAILROAD, LLC’s TARIFF which can be

    found at www.regional-rail.com. MAUP-80-O, located at http://www.portmanatee.com/Business/Tariff-Rules- Regulations.


    (For regular time, overtime, Saturdays, Sundays and Holidays, see Item 385, General Tariff No. 3).

    Issued: 10/21/21 Effective: 12/01/21

    ▲ Change in Wording Issued by: Manatee County Port Authority

    image

    image

    October 21, 2021


    CONSENT

    AGENDA ITEM 3.I.: DELETION OF PORT ASSET BACKGROUND:

    Several old, obsolete assets no longer in use and uneconomical to upgrade or repair were approved for asset deletion at the September 16, 2021, Port Authority meeting. One asset was inadvertently not included in the request and is presented for deletion approval.


    ATTACHMENT:


    Asset Deletion - October 21, 2021


    COST AND FUNDING SOURCE:


    N/A.


    CONSEQUENCES IF DEFERRED:


    Delay in updating property records.


    LEGAL REVIEW: N/A


    RECOMMENDATION:


    Remove the asset as listed in the attached Asset Deletion – October 21, 2021, from the Fixed Assets Listing.

    Asset Deletion - October 21, 2021



    Asset # Description

    Serial/VIN# Date Purchased


    Cost Value Status Remarks

    45222

    2003 Ford F150 Truck 1/2 ton

    1FTRX17273NA74376

    4/17/2003

    $ 17,070.43

    $ -

    Obsolete

    Surplus/Scrap

    October 21, 2021


    CONSENT

    AGENDA ITEM 3.J.: STANTEC INTERMODAL CONTAINER YARD

    PROFESSIONAL SERVICES AUTHORIZATION


    BACKGROUND:


    On February 26, 2019, the Authority approved Stantec Consulting Services Inc. (Stantec) for the engineering of the intermodal container yard expansion in the amount of $373,578 plus

    $40,000 contingency. Previous change orders in the amount of $139,210 were approved for additional engineering related to Port staff request to further expand the project scope including additional container yard areas to the east and additional curbed refrigerator-plug islands. Additional scope changes to remove alternates included in the bid has resulted in a contract decrease of $45,370. The project is funded 50% by FDOT.


    .


    ATTACHMENT:


    Professional Services Authorization (PSA) No. 22-02


    COST AND FUNDING SOURCE:


    FDOT grant funding decrease of $22,685 or 50% and Port cash decrease in the amount of

    $22,685 or 50%.


    CONSEQUENCES IF DEFERRED:


    Delay in project revisions

    LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

    Move to approve and authorize the Chairman to execute Professional Services Authorization (PSA) No. 22-02 to Manatee County Port Authority for a decrease of $45,370 for revisions to the intermodal container yard expansion project.

    PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO. 22-02


    Pursuant to the Port Manatee Professional Engineering Services Contract for Interrmodal Container Yard Improvements Professional Services dated February 26, 2019, between the Manatee County Port Authority, hereinafter referred to as the “Authority” and


    Stantec Consulting Services Inc.,


    hereinafter referred to as the “Consultant”, the Authority hereby authorizes and the Consultant hereby agrees to perform the hereinafter identified professional services for the project, facility or program identified as:


    “Intermodal Container Yard Improvements - Proposed Reduction to ASR-3”


    The professional services and additional terms hereby authorized by the Authority and agreed to by the Consultant are set forth in the attached proposals dated October 7, 2021 for the above entitled project, facility or program.


    The total fees and expenses for these professional services must not exceed:


    $(45,370.00)


    DATED:                                      


    MANATEE COUNTY PORT AUTHORITY CONTRACT MANAGER

    George F. Isiminger

    By:                                                            Senior Director & Port Engineer,

    Executive Director Dept of Engineering, Planning & Environmental Affairs

    CONSULTANT

    Grant Contract #:       G1527       


    By:                                                                


    Name, Title:                                                  


    If applicable, the Authority has considered and hereby approves this Supplemental Professional Engineering Services Authorization with a quorum present and voting this 21st day of

    October, 2021.


    Attest: MANATEE COUNTY PORT AUTHORITY


    By:                                                  Chairman

    image

    Stantec Consulting Services Inc.

    777 S Harbour Island Boulevard Suite 600, Tampa FL 33602-5729


    PROFESSIONAL SERVICES PROPOSAL


    To: Mr. George F. Isiminger, P.E.

    Senior Director of Planning, Engineering and Environmental Affairs Port Manatee

    300 Tampa Bay Way Palmetto, FL 34221


    From:


    image

    Hamid Sahebkar, PE Principal


    Date: October 7, 2021


    SUBJECT: Proposed Reduction to ASR-3

    Addition of Alternative Areas Intermodal Cargo Yard Improvements Port Manatee

    Palmetto, Florida


    OVERVIEW


    1. Manatee County Port Authority, a po litical subdivision of the State of Florida (Client) (hereinafter the "Authority" or the "Port") is proposi ng to expand the existing Intermodal Yard. Port has contra cted Stantec Consulting Services Inc. (Stantec) to prov ide professional services for the above referenced Proje ct. Stantec team proposes to provide Civll En gineering, and related serv ices in support of the proposed project.


    2. Due to project requirements, Client had requested ad ditional services to be provided by the team.


    3. Following approval of the proposed additional servic es, Client determined that required scope should be reduced. The purpose of this adjustment is to document the reduced scope and asso ciated fee.


    4. The changes to the scope are for services to be prov ided by Moffatt & Nichole. Copy of their proposal is atta ched for reference.


    5. All other tasks remain the same.


image

October 7, 2021

Attn: Mr. George F. Isiminger, P.E.

Page 2 of 2


Reference: Intermodal Cargo Yard Improvements – Port Manatee -Reduction to ASR-3



FEES


Revised Fees for the providing these services are as follows



ACTIVITY


FEE TYPE


Alternative/ Option 1

TASK

DESCRIPTION



230

Construction Support Services



232

Additional CSS

Fixed

$16,970





410

ASR 3- Addition of Alternates



411

Yard Expansion Alt 1

Fixed

$14,760









701.3

M&N



701.31

M&N Parcel 200 Reefers/ Alt 1

Fixed

$14,800





701.33

M&N Additional CSS

Fixed

$6,000





702.3

S&ME



702.31

S&ME Alt 1

Fixed

$9,250













TOTAL ASR-3 – Alternative/Option 1

Fixed

$61,780

Approved Changed Order / PO


$107,150

Remaining / Deduct


$45,370


Atta chments: Moffatt & Nichol revise d scope



image


sh \\us0262-ppfss01\workgroup\2156\active\215614956\admin\correspondence\proposal\asr\asr-3\options\opts_imcy_stn proposed_asr_3_v002.docx

image


image


October 5, 2021

501 E. Kennedy Blvd, Suite 1910

image

Tampa, FL 33602


(813) 258-8818

www.moffattnichol.com


Stantec

777 S Harbour Island Boulevard Suite 600 Tampa FL 33602-5729


Attn: Hamid Sahebkar, PE

Subject: Additional Services Request

Port Manatee Intermodal Cargo Yard

Dear Hamid:

Working with Stantec to design the Port Manatee Intermodal Cargo Yard Expansion has resulted in great solutions for Port Manatee that offers flexibility for future development as well as economy to meet the current construction budget. Throughout the course of designing the project, Moffatt & Nichol (M&N) has worked closely with Port Manatee to provide an electrical design to maximize the number of refrigerated plugs being constructed in this awarded phase, while including infrastructure provisions for future refrigerated plugs.

Port Manatee has requested conduit provisions for additional refrigerated plugs be integrated into the ongoing Intermodal Cargo Yard Expansion project. Per previous direction from Port Manatee, M&N has separated the additional electrical effort into three tasks. Task 1 will include the conduit system design of Parcel “200”. Task 1a will include the conduit system design of Parcel “300”. Task 2 will extend M&N’s construction support services to the expected construction completion date.


TASK 1 –PARCEL 200 REFRIGERATED PLUG CONDUIT PROVISION ADDITIONS

This task includes efforts to revise the electrical distribution system design to provide conduit provisions in the “200” parcel rows 5 and 6, as shown outlined in red in the attached exhibit. The following represents the major tasks M&N will need to perform to complete the revised design as requested by Port Manatee.

Scope of Work

constrains) in the “200” parcel is by the contractor and excluded from Tasks 1.

Schedule

The schedule to complete Task 1 is four (4) weeks from Port Manatee notice to proceed.

Fee

The fee for Tasks 1 and 2 are outlined below. The fee for task 2 is predicated on the completion of Task 1 and reuse of CADD elements developed for Task 1.


TASK

FEE

Task 1 – PARCEL 200 REFRIGERATED PLUG CONDUIT PROVISION ADDITIONS

$14,800

Task 1a – PARCEL 300 REFRIGERATED PLUG CONDUIT PROVISION ADDITIONS

$10,000

Task 2 – ADDITIONAL CONSTRUCTION SUPPORT SERVICES

$6,000

TOTAL

$30,800


We look forward to the opportunity to continue to collaborate with Stantec and Port Manatee on this important expansion project. Please let me know if you have any questions or comments.


Sincerely,

MOFFATT & NICHOL


Michael Herrman, PE Vice President

October 21, 2021


CONSENT

AGENDA ITEM 3.K: INTERMODAL CONTAINER YARD CHANGE ORDER 6


BACKGROUND:


On July 28, 2020, the Authority approved The Crisdel Group as contractor for the Intermodal Container Yard Expansion in the amount (including deductive Change Order 001) of

$7,890,197.90, funded 50% by FDOT. Change Orders 002, 3, 4 and 5 were previously approved for an increase in the contract of $773,766.34 for the encasement in concrete of the duct bank and an initial inspection to determine the extent of leaks, the addition of 148 refrigeration receptacles in the northern plot of the intermodal container yard, and to repair leaks discovered in the existing drainage system. Change Order 6 increases the contract $366,012.00 to surcharge additional area for further expansion of the container yard. Change Order 6 also includes an extension for substantial completion to December 16, 2021, and alternate 1 substantial completion of March 21, 2022.


ATTACHMENT:


Change Order No. 6


COST AND FUNDING SOURCE:


FDOT proceeds and Port cash each $183,006.00.


CONSEQUENCES IF DEFERRED:


Delay preparing area for further expansion


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute Change Order No. 6 increasing the contract between the Manatee County Port Authority and The Crisdel Group in the amount of

$366,012.00, revising the date of substantial completion for the base bid to December 16, 2021, and revising the date of substantial completion for alternate 1 to March 21, 2022, subject to FDOT approval.


PORT MANATEE

Project Name:                      Intermodal Cargo Yard Expansion                      


CHANGE ORDER FORM Change Order No.                         6                       

Purchase Order No.                   PA005518                

Date of Issuance:                                                    Effective Date:


Owner: Manatee County Port Authority       Contract #:

Engineer of Record:                    Stantec         Contractors Project #:

                 PA005518                

                      2322                   

Contractor:                    Crisdel Group, Inc                 Engineer's Project #:

                                                 

                 8985 Palm River Rd                Contract Name:

                   Tampa, FL 33619                  

Project:       Intermodal Cargo Yard Expansion     

           Intermodal Cargo          

            Yard Expansion           




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


Description:                                                          Alt #1 Early Earthwork and Surcharge                                                        

Base Contract Time Extension


Attachments: Quote #2322-00P

image


image


image

List documents supporting change:


Correspondence - 2322 Contract time Extension due to FPL                                        



CHANGE IN CONTRACT PRICE

Original Contract Price:


 $         8,927,812.90


CHANGE IN CONTRACT TERMS

[note changes in Milestones if applicable]

Original Contract Times:                                                        

Substantial Completion:                   6/25/2021      Date of Final Payment                   7/23/2021                

[Increase] [Decrease] from previous approved

[Increase] [Decrease] from previous approved

Change Order #:                          4   Substantial Completion Date: 10/7/2021

Date of Final Payment: 11/4/2021

[date or days]

Change Orders #:                        1-5                            

Hours Requested:                                                         

  $                                                 (263,848.66)

Contract Price prior to this Change Order:


 $         8,663,964.24

Contract Times prior to this Change Order:

Substantial Completion:                  10/7/2021                


Date of Final Payment:                   11/4/2021                

[date or days]

[Increase] of this Change Order:


 $            366,012.00

[Increase] of this Change Order:

Substantial Completion:                         -                       

Date of Final Payment:                          -                       

[days or dates]

Contract Price Incorporating this Change Order:


 $         9,029,976.24

Contract Times with all approved Change Orders:

Substantial Completion: Base: 12/16/21 / Alt #1 3/21/22

Date of Final Payment:

Base: 1/13/22 / Alt #1 4/18/22

[date or days]




image

ACCEPTED:


image

image

RECOMMENDED:

ACCEPTED:


Raul Gonzalez Area Manager

Engineer of Record MCPA / BCC APROVED Contractor

Date:                  Date:                Date:          10/13/2021              

Approved by Funding Agecy (if applicable)

By:                                                                Title:                                                                          

<Rev. 11/2020>

image


October 11, 2021


Manatee County Port Authority

Department of Engineering, Planning & Environmental Affairs 300 Tampa Bay Way, Suite 1

Palmetto, FL 34221


George F. Isiminger, P.E. Senior Director-Port Engineer


RE: Intermodal Cargo Yard Expansion

Base Bid Time Extension due to FP&L Delays Dear Mr. Isiminger:

In accordance with our discussion regarding the ongoing delays being experienced due to FP&L’s proposed Transformer and Primary Service Relocations in both the northern & central sections of the Intermodal Cargo Yard Expansion limits, we have prepared the attached preliminary schedule indicating a tentative or proposed completion date based on FP&L fulfilling the required dates as requested. As you are aware, upon FP&L completing their transformer and primary work their remains several electrical and civil activities that only then can be completed. Based on the attached schedule, we request that the substantial completion date be extended to 12/16/2021 and the final payment date to 1/13/2022.


Please be advised that if FP & L does not meet the indicated dates it may be necessary to revisit the abovereferenced contract completion dates.

Upon your review, should you require any further additional information, please feel free to contact our office. Very truly yours,

CRISDEL GROUP, INC.

image

Raul Gonzalez

Project Executive/Area Manager (FL)


RG/rg enclosures


image image image image image


image image image image image image image image image image image


image

ID Task Name

Duration

Start

Finish

Predecessors

19, '21

Sep 26, '21

Oct 3, '21

Oct 10, '21

Oct 17, '21

Oct 24, '21

Oct 31, '21

Nov 7, '21

Nov 14, '21

Nov 21, '21

Nov 28, '21

Dec 5, '21

Dec 12, '21

Dec 19,

1

  1. Northern

  2. Install Contract Reefers

  3. Terminate @ Reefers

  4. Land Switchgear

  5. Terminate @ Switchgear

  6. Install 50' High Poles

  7. Pull Wire to HM Poles

  8. HM Pole Delivery

  9. HM - Build & Set - 1 ea

  10. Pull Wires to Secondary for FPL

  11. Move Lighting Wires to New North Tx

  12. FPL Return - North

  13. Rub Walls, Striping & Asphalt Cool Down


44 days

4 days

4 days

2 days

1 day

3 days

5 days

5 days

10 days

  1. days

  2. days

2 days

8 days


Tue 9/21/21 Fri 11/19/21 Tue 9/21/21 Fri 9/24/21 Tue 9/21/21 Fri 9/24/21 Thu 10/14/2 Fri 10/15/21 Mon 10/18/2Mon 10/18/21 Thu 10/21/2 Mon 10/25/21 Mon 10/25/2Fri 10/29/21 Tue 10/12/2 Mon 10/18/21 Mon 11/1/21Fri 11/12/21 Thu 10/28/2 Fri 10/29/21 Wed 10/27/2Fri 10/29/21 Mon 11/1/21Tue 11/2/21 Wed 11/3/21Fri 11/12/21


1

9


11,12

13

T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W

15 Turn Over Northern & Operations Occupy new Spac 5 days

16

Mon 11/15/2Fri 11/19/21 14

  1. Central

  2. Set Vaults

  3. Tie-in Vaults

  4. Land SwitchGear

  5. FPL Move Transformer

  6. Terminate @ Switchgear

  7. HM - Build & Set - 1 ea

  8. Prep for Final Asphalt Base Work

  9. Move Temp Pedestals to Eastern Row

58 days

  1. days

  2. days

2 days

2 days

4 days

10 days

5 days

5 days

Tue 9/21/21 Thu 12/9/21 Tue 9/21/21 Thu 9/23/21 Mon 9/27/21Thu 9/30/21

Mon 11/1/21Tue 11/2/21 8

Mon 11/22/2Tue 11/23/21 15

Thu 11/11/2 Tue 11/16/21 21

Fri 10/29/21 Thu 11/11/21

Wed 11/24/2Thu 12/2/21 21

Wed 11/24/2Tue 11/30/21 21

26 Final Paving

27

  1. Southern

  2. Set Vaults

  3. Tie-in Vaults

5 days


55 days

2 days

2 days

Fri 12/3/21


Fri 9/24/21 Fri 9/24/21 Fri 10/1/21

Thu 12/9/21


Thu 12/9/21 Mon 9/27/21 Mon 10/4/21

24


18

29,19

  1. Switchgear Pad

  2. Land SwitchGear

  3. Terminate @ Switchgear

  4. HM - Build & Set - 1 ea

  5. Prep for Final Asphalt Base Work

  6. Move Temp Pedestals to Eastern Row

4 days

2 days

4 days

10 days

5 days

5 days

Wed 10/27/2Mon 11/1/21 Tue 11/2/21 Wed 11/3/21 Wed 11/17/2Mon 11/22/21 Fri 10/29/21 Thu 11/11/21 Wed 11/24/2Thu 12/2/21 Wed 11/24/2Tue 11/30/21

30,20

31

32,22


21

21

37 Final Paving

5 days

Fri 12/3/21

Thu 12/9/21 35

  1. Drill Final LP Base @ Pipe Obstruction

  2. Build & Set Final LP

40

41 Final Cleanup & Punchlist

5 days

2 days


5 days

Thu 11/4/21 Wed 11/10/21 Fri 11/12/21 Mon 11/15/21


Fri 12/10/21 Thu 12/16/21


34


37,26


Project: Himes Completion Date: Wed 10/13/21


Task Split

Milestone


Summary

Project Summary Inactive Task


Inactive Milestone Inactive Summary Manual Task


Duration-only

Manual Summary Rollup Manual Summary

Page 1


Start-only Finish-only External Tasks


External Milestone Deadline

Progress


Manual Progress

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image


October 11, 2021


Manatee County Port Authority

Department of Engineering, Planning & Environmental Affairs 300 Tampa Bay Way, Suite 1

Palmetto, FL 34221


George F. Isiminger, P.E. Senior Director-Port Engineer


RE: Intermodal Cargo Yard Expansion

Quote No 2322-00P – Alt #1 Surcharge & Extension of Time


Dear Mr. Isiminger:


In accordance with your request for pricing to complete the preliminary earthwork and surcharge associated with the re-oriented Alternate No. #1 area as delineated on the attached plan, we are pleased to provide the following proposal work:



Our proposal is based on the following clarifications:


  1. Proposal is based on excess excavated material/surcharge material remaining on site at completion.

  2. Based on normal work hours and working in an interrupted & continuous manner.

  3. Performance & Payment bond costs are included

  4. Surcharge Limits are revised based on the attached marked up sketch.

    Upon your review, should you require any further additional information, please feel free to contact our office. Very truly yours,

    CRISDEL GROUP, INC.

    image

    Raul Gonzalez

    Project Executive/Area Manager (FL)


    RG/rg enclosures


    image image image image image


    image image image image image image image image image image image


    image


    NEW PAVEMENT (4.5 AC)



    Switchboard/Xfmr Location


    200

    Area Previously Surcharged


    Alt 1 Pull Box


    100

    Alt 1 East EOP Future HML


    NEW PAVEMENT (17.0 AC)

    Ductbank Extension Past The Alt 1 East EOP


    Alt #1 Surcharge Area

    Port Manatee Cargo Yard Capacity (FEUs)



    Reefer Stack Height

    2


    Dry Stack Height

    4


    Yard Area



    Phase 1


    Phase 2


    Total


    Dry Containers



    0


    Permanent Chassis

    47


    47

    100

    All Grounded Reefers


    296



    296


    All Chassis

    171


    171



    Dry Containers


    660



    660


    Permanent Chassis



    0

    200

    All Grounded Reefers


    720


    16


    736


    All Chassis

    409

    8

    417



    Dry Containers


    670



    670


    Permanent Chassis



    0

    300

    Only Grounded Reefers


    344


    648


    992


    Only Chassis

    190

    350

    540



    Dry Containers



    422


    422


    Permanent Chassis



    0

    400

    All Grounded Reefers



    680


    680


    All Chassis


    387

    387



    Dry Containers


    1330


    422


    1752


    Permanent Chassis

    47

    0

    47

    Total

    All Grounded Reefers


    1360


    1344


    2704


    All Chassis

    770

    745

    1515


    LEGEND

    GROUNDED IMPORTS/EXPORTS-PHASE 1


    GROUNDED REEFERS-PHASE 1


    WHEELED REEFERS-PHASE 1


    300

    NEW PAVEMENT (23.0 AC)

    GROUNDED IMPORTS/EXPORTS-PHASE 2


    GROUNDED REEFERS-PHASE 2


    EXISTING HIGH MAST LIGHT POLE


    12

    NEW HIGH MAST LIGHT POLE

    11

    10

    9

    8

    NEW PERIMETER LIGHT LANDSCAPED AREA


    400

    7

    6

    5

    4

    FGS

    LANDFILL AREA CONSERVATION EASEMENT FENCELINE

    FORTY FT GROUND SPACE

    3

    N


    2

    1

    200.00 ft

    100' 0' 100' 200'


    PORT MANATEE - BERTH 12

    CARGO YARD EXPANSION - MASTER PLAN


    SCALE: 1''=100'


    FIG-005

    image

    October 21, 2021


    CONSENT

    AGENDA ITEM 3.L: SOUTH GATE EXPANSION CONTRACT AMENDMENT


    BACKGROUND:


    On July 28, 2021, the Authority approved the South Gate Expansion Design Build Contract between Ajax Paving Industries and the Manatee County Port Authority. Included in the contract and approved on July 28, 2021, were Phase I services in the amount of $148,297. The contract is further amended in section 2.3.1.1 to include Phase 2 Services in the amount of $955,289.98 for total contract cost of $1,103,586.98. The project is being funded by $750,000 of 2019 Port Security Grant Program funding.


    ATTACHMENT:


    Design Build Amendment


    COST AND FUNDING SOURCE:


    Port Security Grant Program grant of $750,000.00 and $353,586.98 Port cash


    CONSEQUENCES IF DEFERRED:


    Delay in commencement of Phase 2 of the South Gate Expansion Project


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:


    Move to approve and authorize the Chairman to execute the Design Build Amendment between Ajax Paving Industries and the Manatee County Port Authority which includes $955,289.98 for Phase 2 services of the South Gate Expansion Project.


    image



    DESIGN BUILD AMENDMENT

    October 15, 2021

    The Future is Riding on Ajax.""


    George Isiminger, PE, Director and Port Engineer Manatee County Port Authority ,. 300 Tampa Bay Way, Suite 1, Palmetto, FL 34221

    Telephone: 941-721-2330, Email: gisiminger@portmanatee.com


    South Gate Expansion Project, Progressive Design Build


    Subject: Guaranteed Maximum Price (GMP) Proposal & Contract Amendment #01


    Ajax Paving Industries of Florida, LLC (Ajax) is pleased to submit this proposal in accordance with Section 2.3.1 of our Progressive Design Build Contract, as well as, amend our progressive design build contract by the following:


    • Section 2.3.1.1: Lumpsum Contract Price:

      o Phase 1: $148,297.00, Phase 2: $955,289.98 = Total (Phase 1 + Phase 2)

      $1,103,586.98. See Attachment "A" for itemized GMP. o Section 2.3.1.2: Basis of Design Documents:

      • See Attachment "B" for Owner Project Criteria.

    • Section 2.3.1.3: Assumptions and Clarifications:

      • 1) The GMP includes only the items and services specifically described in Attachment "A". 2) Prices on the GMP are based on construction prior to August 31, 2022 3) Pricing includes bond & 4) Maintenance of Traffic/ Site Security pricing is based on a 60 day South Gate closure.

    • Section 2.3.1.4: Scheduled Substantial Completion Date:

      • Substantial completion date August 1, 2022 with final completj_on by August 31, 2022.

    • Section 2.3.1.5 Allowance Items: .,

      • The Port has included a 5% Construction Contingency Budget in the GMP. No specific items have been identified.

        o Section 2.3.1.6 to 2.3.1.11: .Qt used.

    • Section 2.3.1.12:"0wner's Permit List

      • Port does not have responsibility to obtain permits.

    • Section 6.2.1 Substantia16,Completion of the work within 290 calendar days for Phase 2 Commencement.

    • Section 7.2: Phase 2 contract price sum of nine hundred fifty five thousand two hundred eighty nine dollars and ninty eight cents ($955,289.98)

    • Section 7.4: Not Used

    • Section 7.5: Not Used

    • Section 7.6.1: GMP is Phase 1: $148,297.00, Phase 2: $955,289.98 = Total (Phase 1 + Phase 2)

      $1,103,586.98.

    • Section 7.6.2: Contingency amount is $41,369.85.


    image

    -PORT AUTHORITY

    ACCEPTED BY


    Buyer:                    _ Signature:                _

    Date:                       _


    Ajax Paving Industries of Florida, LLC

    7860 Professional Place, Temple Terrace, FL 33637

    Main: 813-769-1990 Fax: 941-486-3500

    image

    www.ajaxpaving.com


    An Equal Opportun;fy Employer

    image

    image


    AJAX

    Ajax Paving Industries at Florida, LLC.

    Ons Ajax Drive, North Venice, FL 34275 Phone: 94 ,..,BB-3600

    Fax: 941-486-3500

    www.ajup11ving.t:om


    image

    To: Address:

    Manatee County Port Authority 300 Tampa Bay Way

    Palmetto, FL 34221

    Contact: Phone:

    Fax:

    George Isiminger 941-722-6621

    941-729-1463

    Project Name:

    Project Location:

    South Gate Expansion PDB - PHASE 2 GMP- REVISED

    Bid Number:

    Bid Date:


    9/28/2021

    The Future is Riding on Ajax:•



    lune#


    Item Description


    Estimated Quantity Unit


    Unit Price

    Total PriceI

    Phase 1





    10

    DESIGN / BUILD (PHASE 1 DESIGN FEE)

    1.00 LS

    $122,087.00

    $122,087.00

    20

    DESIGN / BUILD (PHASE 1 CONTRACTOR FEE)

    1.00 LS

    $26,210.00

    $26,210.00

    Total Price for above Phase 1 Items:         $148,297.00  


    Phase 2






    30

    DESIGN / BUILD (PHASE 2 DESIGN FEE)

    1.00

    LS

    $89,541.88

    $89,541.88

    40

    MOBILIZATION

    1.00

    LS

    $72,659.51

    $72,659.51

    42

    Payment & Performance Bond

    1.00

    LS

    $8,325.83

    $8,325.83

    44

    PERMIT FEES

    1.00

    LS

    $1,897.11

    $1,897.11

    46

    CONSTRUCTION SURVEY CONTROL

    1.00

    LS

    $12,467.65

    $12,467.65

    48

    CONSTRUCTION QUALITY CONTROL

    1.00

    LS

    $12,510.95

    $12,510.95

    so

    MAINTENANCE OF TRAFFIC / SITE SECURITY (60 Day

    1.00

    LS

    $27,964.42

    $27,964.42


    70

    Closure}

    SILT FENCE STAKED (TYPE III)

    1,380.00

    LF


    $3.54


    $4,885.20

    80

    CLEARING & GRUBBING

    1.00

    LS

    $25,135.31

    $25,135.31

    90

    EXCAVATION REGULAR

    846.00

    CV

    $41.88

    $35,430.48

    100

    EMBANKMENT

    13.00

    CV

    $101.32

    $1,317.16

    110

    STABILIZATION TYPE B

    1,676.00

    SY

    $26.08

    $43,710.08

    120

    BASE OPTIONAL (BASE GROUP 11)

    1,676.00

    SY

    $54.90

    $92,012.40

    130

    MILLING EXIST ASPH PAVT (2" AVG DEPTH)

    1,205.00

    SY

    $7.36

    $8,868.80

    140

    SUPERPAVE ASPHALTIC CONC (TRAFFIC C)

    277.00

    TON

    $196.61

    $54,460.97

    150

    ASPH CONC FRICTION COURSE FC 12.5

    328.00

    TON

    $196.61

    $64,488.08

    160

    CEMENT CONC PAVT REINFORCED (4")

    26.00

    SY

    $326.74

    $8,495.24

    170

    CEMENT CONC PAVT REINFORCED ( 811)

    5.00

    SY

    $615.43

    $3,077.15

    180

    CONCRETE BOLLARDS

    2.00

    EACH

    $1,489.71

    $2,979.42

    190

    CURB &. GUTTER CONCRETE (TYPE D)

    90.00

    LF

    $62.87

    $5,658.30

    200

    VALVE BOXES (ADJUST)

    1.00

    EACH

    $1,751.70

    $1,751.70

    210

    PIPE CULVERT,OPTIONAL MATERIAL,OTHER-EUP/ARCH, 18"S/CD

    65.00

    LF

    $279.27

    $18,152.55

    220

    MITERED END SECT, OPTIONAL - ELLIPTICAL/ ARCH, 18" SD

    2.00

    EACH

    $3,265.78

    $6,531.56

    230

    FENCING, TYPE B (8.0')(SPECIAL- GREEN VINYL)

    346.00

    LF

    $114.21

    $39,516.66

    240

    GATE (TYPE B)(SINGLE(28' OPENING)

    1.00

    EACH

    $6,979.35

    $6,979.35

    250

    GATE (TYPE B)(SLIDING / CANTILEVER)(20.1-24' OPENING)

    2.00

    EACH

    $14,593.18

    $29,186.36

    260

    SODDING (BAHIA)

    1,727.00

    SY

    $3.31

    $5,716.37

    270

    SINGLE POST SIGN, F&I, GROUND MOUNT, UP TO 12 SF

    4.00

    AMBY

    $534.49

    $2,137.96

    280

    SINGLE POST SIGN, RELOCATE

    3.00

    AMBY

    $116.90

    $350.70

    290

    THERMOPLASTIC, STANDARD, WHITE, SOLID, 24"

    83.00

    LF

    $7.61

    $631.63

    300

    THERMOPLASTIC, STANDARD, WHITE, DOTTED/GUIDELINE/

    0.03

    GLMI

    $6,344.86

    $158.62

    310

    THERMOPLASTIC, STANDARD, WHITE, ARROW

    6.00

    EACH

    $88.83

    $532.98

    320

    THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18"

    231.00

    LF

    $6.34

    $1,464.54

    330

    THERMOPLASTIC, STD, YELLOW, (2'-4') (6'-10') DOTTED, 6"

    0.06

    GLMI

    $6,344.86

    $380.69

    image


    AJAX,.

    Ajax Paving Industries al Florida, LLC.

    Ons Ajax Oriw,, North Vsnics, Fl 34275

    Phons: 9' 14B6-36DO Fax: 941·"86-3500

    www.oju""""1fl.ooa,


    image

    To: Address:

    Manatee County Port Authority 300 Tampa Bay Way

    Palmetto, FL 34221

    Contact: Phone:

    Fax:

    George Isiminger 941-722-6621

    941-729-1463

    Project Name:

    Project Location:

    South Gate Expansion PDB - PHASE 2 GMP- REVISED

    Bid Number:

    Bid Date:


    9/28/2021

    The Future is Riding an Ajax...



    ILine#

    340

    Item Description

    THERMOPLASTIC, STANDARD-OTHER SURFACES, WHITE,

    Estimated Quantity Unit

    0.18 NMI

    Unit Price

    $7,613.83

    Total Price,!

    $1,393.33


    SOLID, 6"




    350

    THERMOPLASTIC, STANDARD-OTHER SURFACES, YELLOW,

    SKIP, 6"

    0.51 GLMI

    $7,613.83

    $3,883.05

    360

    THERMOPLASTIC, REMOVE EXISTING THERMOPLASTIC

    26.00 SF

    $63.45

    $1,649.70


    PAVEMENT




    500

    CANOPY EXTENSION

    1.00 LS

    $76,955.95

    $76,955.95

    510

    PRE-FABRICATED TRANSACTION BOOTH

    1.00 EACH

    $37,530.17

    $37,530.17

    520

    GATE ARMS

    2.00 EACH

    $7,593.15

    $15,186.30

    530

    ELECTRICAL SCOPE

    1.00 LS

    $80,188.18

    $80,188.18

    540

    LANE ACCESS PEDESTAL

    4.00 EACH

    $1,162.31

    $4,649.24


    LOOP ASSEMBLY, F&I, TYPE B

    2.00 AMBY

    $1,553.30


    600

    CONTINGENCY 5% CONSTRUCTION COST

    1.00 LS

    $41,369.85

    $41,369.85

    Total Price for above Phase 2 Items: $955,289.98


    Total Bid Price: $1,103,586.98


    Notes:

    • This Proposal includes ONLY those items and services specifically described above.

    • Prices on this quotation are based on construction prior to August 31, 2022.

    • Pricing Includes bond.

    • Maintenance of Traffic / Site Security pricing is based on a 60 day complete closure.



      image

      image

      image

      ACCEPTED:

      The above prices, specifications and conditions are satisfactory and are hereby accepted.


      Buyer:                                                  _

      Signature: -------------------

      Date of Acceptance: ----------------


      CONFIRMED:

      Ajax Paving Industries Of Florida


      Authorized Signature• -1 :.....,i ,c._--=-- ----

      Estimator: Felipe Jaraml o, P.E.

      941-404-9282 fjaramlllo@aJaxpaving.com

      image


      Owner's Project Criteria

      This section is intended to define what we are asking the Design-Builder to deliver. The idea is to establish performance criteria as opposed to specifying how to build the project. The purpose is to give the Design-Builder the freedom to figure out how best to deliver what we need.


      Project Objectives


      The primary Project objectives are to improve throughput capacity of the south gate and allow the Port to enroll truck drivers into its security tracking system at the south gate with minimal adverse impact to throughput and functionality.

      Functional Requirement: Improve throughput capacity.


      • Performance Requirement: Provide at least double the existing throughput capacity of enrolled vehicles in either direction at any given time, with no impact to throughput capacity in the other direction. Triple capacity is preferred.


      • Performance Requirement: Provide access control infrastructure such as gates for the additional traffic that is of equal or greater functionality and quality as compared to the existing access control infrastructure.


        Functional Requirement: Provide enrollment capability.


      • Performance Requirement: Zero impact on throughput of non-enrolling vehicles by enrolling vehicles during traffic flow conditions at existing 85th percentile level, or at normal traffic level projected after opening, as estimated by David St. Pierre. In the case of in-lane enrollment, this would require an enrollment lane long enough that the expected line of waiting vehicles would not back up so far as to block incoming non­ enrolling traffic.


      • Performance Requirement: Enrollment infrastructure is to be at least as efficient as at the Access Control Center at the north gate. The design must be based on a procedure approved by David St. Pierre, and must be set up such that, implementing the approved procedure, throughput is as good as at the north gate.


      • Performance Requirement: Provide an air-conditioned and heated space with seating for the enroller when not enrolling, adjacent to where enrollment is performed. If enrollment is to be accomplished in lane, with the enrollee in the vehicle, there must be an enclosed kiosk adjacent to the enrollment lane on the driver's side.


    • Performance Requirement: Provide for shelter against the elements for enroller and enrollee throughout the enrollment process. This may be accomplished by allowing the enrollee to remain in the vehicle. This may be accomplished by providing for in-lane enrollment.

      Functional Requirement: Involve the owner.


      • Performance Requirement: Make the design direction known to the Port throughout the process.


      • Performance Requirement: Identify mutually beneficial alternative approaches for achieving the Performance Requirements within the context of accomplishing the whole project for Port input and accommodate the Port's preferences.


      • Performance Requirement:


        Functional Requirement: Meet minimum standards.


      • Performance Requirement: Meet all applicable regulatory and legal requirements, including Manatee County requirements and Building Code requirements.


      • Performance Requirement: Consult with Manatee County utilities department and fire department inspectors to a level beyond the normal permitting process during the permitting phase to identify all requirements that may otherwise not be identified until the construction inspections stage.


      • Performance Requirement: Meet or exceed minimum industry standards of quality, functionality, strength, capacity, reliability, and durability.


    • Performance Requirement: Meet or exceed minimum standards of quality, functionality, strength, capacity, reliability, durability set by the existing facility as a reference.


    • Performance Requirement: Design for a facility functional life at least as great as the original design life of the existing facility.


    • Performance Requirement: Design for pavement capacity (strength and durability) at least as great as the greater of the existing facility and the South Dock Street section of the Pavement Improvements project.


      Functional Requirement: Provide access control.


    • Performance Requirement: Provide for automatic detection of vehicles approaching the gate.


    • Performance Requirement: Provide for preventing access of vehicles beyond the gate unless and until Port Security grants access.


    • Performance Requirement: Provide for allowing access of vehicles past the gate when Port Security grants access.

      • Performance Requirement: Provide the infrastructure, such as conduits and mounts, for installation of the wires and equipment needed for local and remote access control to be provided by Siemens.


        Functional Requirement: Provide for installation of communications equipment.


      • Performance Requirement: Work with Siemens, who is to install communications equipment for remote control of gate arms, two-way remote audio- and video­ communication, etc., for the new facility under separate contract, to understand what they need in the way of infrastructure such as conduits, mounts and space for the equipment they will be installing. Siemens will be asked to define their needs in such terms as conduit start points, end points, numbers and sizes, constraints on equipment mount locations, space requirements, and specifications of equipment to be mounted.


      • Performance Requirement: Include, in this project, the infrastructure that Siemens needs.


        Functional Requirement: Provide for high and low card reading.


    • Performance Requirement: Both semi tractor drivers and passenger vehicle drivers, enrolling or not, must be able to reach a card reader to swipe their card from their seated position in the vehicle.


    • Performance Requirement: Provide physical barriers to protect readers and stand from damage due to accidental vehicle door strikes, that do not unduly interfere with function.


      Functional Requirement: Provide shelter


    • Performance Requirement: All vehicles sheltered from the rain when clearing security or enrolling.


    • Performance Requirement: Security personnel at least as sheltered from the weather and as comfortable as in the existing set-up.


    • Performance Requirement: Air conditioning and heating of inside spaces at kiosks.


      Functional Requirement: Make the facility aesthetically pleasing.


    • Performance Requirement: No aesthetically disturbing incongruities between components of the resulting facility.


    • Performance Requirement: Make the new facility at least as stylish as the existing facility.


      Functional Requirement: Provide truck turn-out capability.

    • Performance Requirement: Avoid precluding the ability to tum out semi tractor-trailer rigs that cannot be enrolled.


    • Performance Goal: To the extent that budget allows, provide improved truck tum-out capability as compared to the pre-project condition. This is to be an item on the priority list.


      Functional Requirement: Efficiency and safety.


    • Performance Requirement: Facility at least as efficient and safe as the existing facility, including the gate facility and the Reeder Road/South Dock Street/gate lanes intersection.


      Functional Requirement: Accommodate passage of Air Products loads.


    • Performance Requirement: Limit Obstruction of traffic from other directions no more than with current set-up.


      Functional Requirement: Build to budget.


    • Performance Requirement: Provide as much of the project as may be achieved within the project budget which is $1,000,000.


    • Performance Requirement: Design and construct for future expansion. Develop a priority list of project features with the owner. If budget remains, but not enough to achieve the next feature, add to the construction that for which the budget will allow that would lay the groundwork for the future expansion.


      Functional Requirement: Maintain access to properties to the south.


    • Performance Requirement: Maintain access to south properties without going through the Port's gate.


      Functional Requirement: Maintain the Port's secure perimeter.

      Functional Requirement: Provide adequate lighting for security and safety. Functional Requirement: Preserve existing utilities.

      Functional Requirement: Minimize impacts on room for future additional utilities. Functional Requirement: Maintain traffic during construction.


    • Performance Requirement: Minimize throughput shutdowns. Coordinate shutdowns with Port Security Department. Re-open shut down lanes within 24 hours after Security deems it necessary based on a post-coordination development.


      Functional Requirement: Finish by grant deadline and as soon as practicable without undue extra cost.


    • Performance Requirement: Finish by August 1, 2022 grant deadline.

      • Performance Requirement: Propose a Phase 2 schedule based on dilligent continual progression toward completion without spending extra to accelerate. If schedule does not meet the Owner's needs, propose cost-effective means to accelerate the schedule.


        Functional Requirement: Design for future expansion.


      • Performance Requirement: Design the project to be built within today's budget to cost­ effectively accommodate expansion of the project in the future to include all of the remaining features on the priority list to be developed.


      • Performance Requirement: Include, in the priority list, more than may be achieved within today's budget, including additional throughput capacity for non-enrolling traffic, improved bathroom facilities for security personnel, additional throughput capacity for enrolling traffic, enrollment within a climate-controlled environment, and improved truck tum-out capability.

    October 21, 2021


    AGENDA ITEM 4.: DEL MONTE FRESH PRODUCE LEASE RENEWAL

    AND WAREHOUSE 6 AMENDMENT


    BACKGROUND:


    Del Monte Fresh Produce, N.A., Inc. (Del Monte) entered into a lease agreement with the Authority in 1988. The original lease has had four amendments with the fourth amendment expiring on August 31, 2021. A new lease effective September 1, 2021, includes additional warehouses, the option for Del Monte to lease and make improvements in warehouse 7 for a ripening room, and other negotiated terms for the warehouses and refrigerated plugs. The term of the lease is five years with two (2) five (5) year renewal options.


    In addition, the Warehouse No. 6 Modernization Agreement is amended to update the provisions relating to the term of the lease.


    ATTACHMENTS


    1. Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc.

    2. First Amendment to Warehouse No. 6 Modernization Agreement


COST AND FUNDING SOURCE:


N/A.


CONSEQUENCES IF DEFERRED:


Delay in execution of the lease and the amendment

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:


Move to approve and authorize the Chairman to execute:

  1. Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc.

  2. First Amendment To Warehouse No. 6 Modernization Agreement between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc.


LEASE AGREEMENT BETWEEN MANATEE COUNTY PORT AUTHORITY AND DEL MONTE FRESH PRODUCE N.A., INC.


This Lease Agreement ("Lease") is made and entered into by and between Manatee County Port Authority, a political entity of the State of Florida, whose principal place of business is located at Port Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 ("Authority"), and Del Monte Fresh Produce N.A., Inc., a Florida corporation, whose principal place of business is located at 241 Sevilla Avenue, Coral Gables, Florida 33134 ("Lessee"). The Authority and Lessee are hereinafter individually referred to as a "Party" and collectively referred to as the "Parties."


RECITALS


  1. The Authority owns and operates a public seaport facility in the northwestern portion of Manatee County, Florida, known as "Port Manatee" and is seeking to encourage, develop, and stimulate the flow of waterborne commerce through Port Manatee.


  2. As part of its efforts to expand waterborne commerce through Port Manatee, the Parties entered into an agreement on December 15, 1988 (the "Original Lease"), which was later amended pursuant to an addendum on February 2, 1989, and a supplemental agreement on March 16, 1989 (hereinafter collectively referred to as the "First Lease").


  3. In effort to update the terms of the First Lease and consolidate the Original Lease and the subsequent addendum and supplemental agreement, the Parties entered into a new lease agreement on November 17, 1994 (the "Second Lease").


  4. On August 21, 1997, the Parties entered into an agreement whereby the Authority agreed to lease an additional parcel, known as "Parcel B" to Lessee (the "Third Lease"), which Third Lease was subsequently modified on August 17, 2000.


  5. On September 19, 2002, the Parties agreed to replace the Third Lease, and entered into a new agreement (the "Fourth Lease") and, thereafter, amended and supplemented the Fourth Lease on October 17, 2002, June 24, 2008, February 17, 2011, and August 18, 2016.


  6. At all times between the Third Lease and Fourth Lease the Lessee continued to Lease the same Port Manatee property;


  7. Pursuant to the August 18, 2016 modification to the Fourth Lease, the Parties extended the term of the Fourth Lease to begin on September 1, 2016 through and including August 31, 2021 (Fourth Lease contained a typographical error of August 30th rather than August 31st as the parties has agreed to and is memorialized herein).


  8. In addition, the abovementioned lease agreements, the Parties entered into the Warehouse No. 6 Modernization Agreement on November 19, 2020, wherein the Parties have agreed to share the costs of making improvements to Warehouse No. 6, a portion of the property currently leased by Lessee.


    Error! Unknown document property name.

    CV


    Lease between the Authority and Del Monte


  9. In light of the upcoming expiration of the Fourth Lease and the improvements to a portion of the Demised Premises (as defined in the paragraph of this Lease entitled "Description of the Demised Premises"), the Parties desire to enter into this Lease to be effective on September 1, 2021, upon the terms and conditions stated herein.


    NOW, THEREFORE, for and in consideration of the foregoing promises and the mutual covenants contained in this Lease, it is agreed by and between the Parties as follows:


    1. Recitals. The above recitals are true and correct and are incorporated in this Lease by reference as if fully set forth in this Lease.


    2. Description of the Demised Premises. The Authority is the owner of the property at Port Manatee, which is described below, and as identified in the description and sketch attached hereto and made part hereof as in Exhibit A of this Lease, hereinafter referred to as the "Demised Premises":


      1. Warehouses No. 4, 6, and 8, including the unrestricted use of the loading dock area, dock levelers, and all truck loading bays for Warehouse 6 and 8 and truck loading bays 1-6 on Warehouse 4, attached as part of the warehouses and all improvements thereon. Truck loading bays 7-8 on Warehouse 4 are used by U.S. Customs and Border Patrol, and therefore Lessee's use is of those bays is subject to U.S. Customs and Border Patrol's discretion.

      2. Cruise Terminal, comprising of approximately seven hundred sixty-seven (767) square feet and all improvements thereon.


    3. Lease of Demised Premises. The Authority does hereby lease, demise, let, and rent unto Lessee and Lessee shall hire and take as tenant the Demised Premises described in paragraph of this Lease entitled "Description of the Demised Premises." In accordance with the Master Plan, the Authority agrees, covenants and warrants Lessee to peacefully occupy, have, use, hold and quietly enjoy the Demised Premises subject to the provisions of this Lease. Lessee agrees to use the Demised Premises so as not to unreasonably interfere with, interrupt, or impact the use or operation of any other tenant, user, or customer at Port Manatee. The Demised Premises is leased and accepted by Lessee in its current "As Is-Where Is" condition. The Authority makes no warranties as to fitness, and Lessee acknowledges and agrees that it has had adequate opportunity to inspect and test the Demised Premises prior to entering into this Lease. In addition, the Parties agree that the Authority has the discretion to relocate Lessee from the Cruise Terminal provided that the Authority provides a suitable replacement location. If the Lessee is relocated, the rental rate described in the paragraph of this Lease entitled "Rent" will remain the same.


    4. Permitted Use of Demised Premises. The Demised Premises shall be used and occupied by Lessee for the Term (as defined in this Lease), and to the extent and in the manner contemplated in this Lease:


      1. Lessee shall use the Demised Premises solely for the purpose of distributing, loading, processing, selling, stockpiling, storing, unloading and any other lawful


        Page 2 of33


        Lease between the Authority and Del Monte


        purpose, any containerized or breakbulk cargo, or any other cargo approved by the Authority, which approval must not be unreasonably withheld, conditioned, or delayed (the "Permitted Use").


      2. If Lessee desires to use the Demised Premises for any purpose other than the Permitted Use, Lessee must first obtain the written approval of the Authority before beginning any such use, which approval shall not be unreasonably withheld, conditioned, or delayed.


      3. Lessee shall comply at all times, and at its sole cost and expense, with all federal, state, and local laws, codes, ordinances, rules, and regulations relating to the use and conditions of the Demised Premises and operations of the Lessee at Port Manatee ("Legal Requirements") as well as the requirements as outlined m paragraphs of this Lease entitled "Security" and "Environmental Matters."


      4. Lessee covenants that it shall not permit the Demised Premises to be occupied by any person, firm, or corporation other than Lessee and its employees, agents, invitees, patrons, servants, or any other persons whomsoever under the control of Lessee, without the Authority's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.


      5. Lessee further covenants that Lessee shall not (i) commit any material waste, nuisance, or hazardous trade or occupation on, in, or upon the Demised Premises;

        (ii) take any action, or keep anything in or about the Demised Premises that will materially increase the risk of any hazard, fire, or catastrophe; (iii) damage the Demised Premises, normal wear and tear excepted; or (iv) take any action or use the Demised Premises in any manner that would violate any Legal Requirement or Environmental Law that is now in force during the Term of this Lease or which hereafter be in force.


      6. Lessee must not act or fail to act in a manner that would adversely affect the title of Authority to Port Manatee or the Demised Premises.


    5. Warehouse No. 6 Modernization. A portion of the Demised Premises, known as Warehouse No. 6, includes office space, nine truck lanes, a maintenance shop, and a chill warehouse for the purpose of handling fresh fruits and vegetables, and conducting such other activities as are customarily associated therewith. The Parties entered into the Warehouse No. 6 Modernization Agreement ("Modernization Agreement") on November 19, 2020, which outlines the terms and conditions of the improvements to be made to Warehouse No. 6, and the cost-sharing of the Parties for such improvements. The Modernization Agreement, as may be amended, is hereby incorporated into this Lease by this reference.


    6. Additional Space/First Right of Refusal. For and in consideration of the mutual covenants contained in this Lease and other good and valuable consideration, receipt and sufficiency of which is acknowledged, the Authority does grant to Lessee, and Lessee accepts, the first


      Page 3 of 33


      CD


      Lease between the Authority and Del Monte


      right of refusal to acquire a leasehold interest in the approximately 4,585 square feet of dry space in warehouse 7 more particularly identified and described in Exhibit B attached and made a part of this Lease (the "Additional Space") to be used for the purposes described in the paragraph of this Lease entitled "Purpose." As of the effective date of this Lease, the Additional Space is under lease by another tenant at Port Manatee, and that tenant's lease expires on December 31, 2021. In the event that Lessee exercises its frrst right of refusal, the Authority shall demise, let, and rent unto Lessee, and Lessee will in such event hire and take as tenant, the Additional Space, pursuant to the terms subsequently negotiated and agreed to by the Parties. By no later than sixty (60) days prior to the expiration of the tenant's lease of the Additional Space (November 1, 2021), Lessee will notify the Authority in writing if it is interested in leasing the Additional Space. If written notice of the Lessee's desire to exercise its first right of refusal is received by the Authority by November 1, 2021, then the Parties shall enter into good faith negotiations for the terms and conditions of the lease of the Additional Warehouse 7 Space, which will include but is not limited to the following:


      1. Lessee agrees to accept the Additional Space in its current "As Is-Where Is" condition.


      2. Any reference to the Demised Premises contained in this Lease will include and be equally applied to the Additional Space.


      3. Lessee's rent payments will be adjusted to account for the Additional Space at the rate of Forty-five Cents ($0.45) per square foot. Rent for the Additional Space will be paid in accordance with the provisions of paragraph of this Lease entitled "Rent" of this Lease.


        Unless otherwise extended by the Parties in writing, if the Parties have not entered into a lease for the Additional Space by December 31, 2021, then it is deemed that Lessee has refused to lease the Additional Space and the Authority may lease the Additional Space to anyone it chooses. If written notice is not received by November 1, 2021, then it is deemed that Lessee has refused to lease the Additional Space and the Authority may lease the Additional Space to anyone it chooses.


    7. Priority Berthing. Vessels of Lessee shall be allowed to dock at Berth No. 12, at any time after giving the Authority a minimum of twenty-four (24) hours' prior notice and approximately twelve (12) hours' notice of the time of arrival of each vessel. Provided that Lessee complies with the aforementioned notice requirements, the Authority shall ensure that Berth No. 12 is available for Lessee's vessels to immediately dock. During the Term of this Lease, the Authority shall provide notice to Lessee prior to assigning Berth No. 12 to any vessel other than a vessel of Lessee.


    8. Term.


      1. Initial Term. The term of this Lease shall commence on September 1, 2021 ("Effective Date") and shall terminate on August 31, 2026, unless terminated earlier


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        pursuant to paragraph of this Lease entitled "Default and Early Termination" ("Initial Term").


      2. Renewal Term. The Parties may mutually agree, in writing, to extend the Initial Term for up to two (2) additional terms of five (5) years per term ("Renewal Term Option"). Each Renewal Term Option must be exercised by Lessee submitting a request to the Authority in writing no later than ninety (90) days prior to the expiration of the then-current term.


      3. The Initial Term and each Renewal Term, if properly exercised, are collectively referred to in this Lease as the "Term." As referred to in this Lease, a "Lease Year" commences on the Effective Date and on the annual anniversary date of the Effective Date of each year thereafter.


    9. Rent.

      1. Commencing on the Effective Date, Lessee shall pay to the Authority base rent in first five (5) years in the amount of Nine Thousand Three Hundred and Forty-Five Dollars and Thirty-Three ($9,345.33) per month (the "Base Rent"), together with any applicable Florida sales taxes on rent as compensation for Lessee's use and occupation of the Demised Premises. This Base Rent is calculated at a rate:


        1. Nine Thousand Dollars ($9,000) per month for Warehouses No. 4, 6, and 8 ("Warehouse Rent"), which will be increased annually by CPI but no more than two percent (2%) annually during the Term of this Lease.


        11. Three Hundred and Forty-Five Dollars and Thirty-Three Cents ($345.33) per month ($.45 per square feet for 767 square feet) for the Cruise Terminal during the Initial Term and Renewal ("Cruise Terminal Rent").


        The Warehouse Rent and the Cruise Terminal Rent are hereinafter collectively referred to as the "Base Rent." The first payment of Base Rent shall be paid and delivered to the Authority on the Effective Date of this Lease.


      2. CPI increases shall be determined by multiplying the annual rent by the percentage of change in the most recently published U.S. Department of Labor All Urban Consumer Price Index ("CPI"), all items, not to exceed two percent (2%) in any applicable extended lease year. The percentage change will be computed by comparing index figures published for the month closest to the Lease year anniversary date with the same month of the preceding Lease year. For example, if the Lease commencement date is June 1, 2021, the adjustment for the annual rental due on September 1, 2022, will be calculated by using the index published for the most recent month available prior to September 1, 2022 and comparing it to the index published for the same month of the year 2022, subject to the two percent (2%) cap. Annual rent must never be less than Base Rent per month and will only increase in accordance with the above formula.


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      3. Within the next 12 months, the Lessee will provide 60 day advance written notice of when it will begin construction of the Ripening Room in Warehouse No. 7 ("Ripening Room"). Within 60 days from the date of the Lessee's written notice, the Parties will enter into an amendment to lease Warehouse No. 7, comprising of twenty-seven thousand four hundred fifty-six (27,456) square feet of chilled space and five thousand four hundred (5,400) square feet of dry space, all improvements therein, and four (4) bays ("Warehouse No. 7") as shown in Exhibit C. The rent for Warehouse No. 7 will be Ten Dollars ($10.00) per month during construction.

        . Beginning at the completion of construction of the Ripening Room, the Base Rent will be increased an additional Fourteen Thousand Seven Hundred Eighty-five Dollars and Twenty Cents ($14,785.20) per month for Warehouse No. 7, which comprising of twenty-seven thousand four hundred fifty-six (27,456) square feet of chilled space at Forty-five Cents ($0.45) per square foot and five thousand four hundred (5,400) square feet of dry space at Forty-five Cents ($0.45) per square foot ("Additional Rent"). Completion of construction shall occur when final inspection of the permits has occurred and been approved by the permitting authority.


        The first payment of Additional Rent shall be made on the first date that the Base Rent payment is due following completion of the Ripening Room. Thereafter, the Base Rent and the Additional Rent shall continue to be paid together in their respective amounts. For illustration purposes only, if the Ripening Room is completed on June 15, 2022, the first payment of Additional Rent must be made on July I, 2022, along with the Base Rent payment for the month of July 2022.


      4. Any payment of Base Rent or Additional Rent received by the Authority after 5:00

        p.m. EST on the tenth (10th) calendar day of the month shall accrue interest at the rate of five percent (5%) commencing on and including the tenth (10th) day of the month ("Late Payment Interest").


      5. If Lessee pays Base Rent or Additional Rent with a check or bank draft, and such check or bank draft is returned unpaid or uncollected, Lessee must pay to the Authority, in addition to the total amount due (plus Late Payment Interest, if any is due), a processing fee for each returned check or bank draft in the amount provided in the then-current Tariff. In the event two (2) or more of Lessee's checks or bank drafts are returned unpaid or uncollected in any twelve (12) month period during the Term of this Lease, the Authority may require, as a condition of Lessee's continued use and/or occupation of the Demised Premises that all subsequent payments of Base Rent and Additional Rent be in the form of a cashier's check or money order.


      6. Renewal Term Option Rent. If this Lease is renewed in accordance with paragraph of this Lease entitled "Term," the Parties acknowledge and agree that all rent due under this Lease for the Demised Premises may be increased, but never decreased, with each Renewal Term Option exercised.


        Lease between the Authority and Del Monte


    10. Improvements. Lessee may construct, install, or locate upon the Demised Premises and operate any improvements consistent with the Permitted Use under the following conditions:


      1. Lessee must submit to the Authority for approval the plans and specifications for all improvements prior to commencing construction and/or installation of the improvements upon the Demised Premises, with such approval not to be unreasonably withheld, conditioned or delayed.


      2. The Authority shall make a determination of whether the plans and specifications evidence an improvement(s) consistent with the goals, master plan, and objectives of Port Manatee, as determined in the Authority's discretion, and do not conflict with any of the activities and facilities at Port Manatee.


      3. Approvals will be deemed granted only if the determinations in subsection (b) are made, and Manatee County, a political subdivision of the State of Florida, is willing to issue a building permit, demolition permit, construction permit, development order, or other appropriate approval for the construction of the particular improvement or improvements ("Required Permits").


      4. In undertaking any improvements, Lessee is solely responsible for complying with the Legal Requirements, obtaining the Required Permits, and the Environmental Laws. Any building or construction approvals, Required Permits, and development orders that are required by an appropriate governmental regulatory agency in connection with the improvements must be acquired by Lessee at no cost, expense, liability, or obligation to the Authority.


      5. Before Lessee commences the use of the approved improvements, Lessee must furnish, in a format reasonably specified by the Authority, at least one (1) complete set of the as-built or record drawings and specifications for the completed improvements to indicate the extent, location, and size for the records of the Authority in connect with operations at Port Manatee.


      6. In all contracts for the construction of improvements at the Demised Premises, Lessee must require in its contracts that the contractor indemnify and hold harmless the Authority from any damages, liabilities, or claims that arise out of the contract or construction at the Demised Premises and include the Authority as a co-obligee of any bonds required by the contract. The Authority reserves the right to require Lessee to furnish a performance bond and an unconditional payment bond for the construction or installation of any approved improvements each equal to one hundred percent (100%) of the construction price, guaranteeing to the Authority the completion and performance of the construction or installation, as well as full payment of all supplies, material persons, laborers, or subcontractors performing services in connection with the improvements. The bonds must be with a surety


        Lease between the Authority and Del Monte


        company that is qualified pursuant to the Authority's standards for sureties on the Authority's construction projects.


      7. Improvements made by Lessee or Lessee's contractor, subcontractors, laborers, or other persons or entities in connection with the improvements must (i) be constructed in good and workman like condition and (ii) not interfere with the use and occupancy of any portion of Port Manatee by any other lessees or visitors.


      8. Within eighteen (18) months after the Effective Date of this Lease, Lessee must, at Lessee's sole cost and expense, undertake and complete construction upon terms mutually agreed to by the Parties, for Warehouse No. 7. Lessee agrees to design and construct a Ripening Room in Warehouse 7 at no cost to the Authority. The Authority agrees to the construction of a Ripening Room subject to the Lessee's submission of plans and specification in accordance with subsection (a). Once constructed, the Ripening Room must be maintained and kept in good working condition throughout the Term. The Lessee shall not commence the construction or installation of any improvements without approval by the Authority, as described above in this paragraph.


        1. Authority Improvements. In addition to the improvements to be made by the Authority under the Modernization Agreement (subject to the terms contained therein), the Authority agrees to make the following improvements to the Demised Premises at its sole cost and expense: (1) By the end of the Authority's Fiscal Year 2022, replacement of three chilled doors on the loading dock of Warehouse No. 8; and (2) By the end of the Authority's Fiscal Year 2023, replacement of three chilled doors on the west side of Warehouse No. 8.


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    11. Existing Facilities. This Lease and the right of Lessee to the possession and use of the Demised Premises are subject to any existing electric lines, telephone lines, water and sewer lines or mains, lift stations, substations and other utility facilities located through, under, or upon the Demised Premises (collectively, the "Facilities"). The Authority, Florida Power & Light Company or its successors in interest, Frontier Communications Company or its successors in interests, Manatee County Public Works Department, the United States Coast Guard, the United States Department of Agriculture and their agents, employees, servants, and subcontractors will have access the Facilities to the extent reasonably necessary for the operation, maintenance, and repair of the Facilities. Such access will be in a manner that does not unreasonably interfere with Lessee's business in the Demised Premises.


    12. Wharfage/Throughput Rates. Lessee must pay to the Authority wharfage rates for each short ton (two thousand (2,000) pounds), hereinafter referred to as "ton" or "tons," or each barrel of cargo exported, imported, transported, or otherwise passing through Port Manatee by waterborne commerce, railroad train, or truck to or from the Demised Premises, as follows:


      0 - 300,000 short tons $2.75 per ton for the first Lease Year and plus CPI (not to exceed 2%) for each Lease Year thereafter.*


      300,001 short tons and all in excess thereof $1.75 per ton for the first Lease Year and plus

      CPI (not to exceed 2%) for each Lease Year thereafter.*


      * Rate subject to CPI each calendar year. For CPI calculation see the paragraph of this Lease entitled "Rent". For illustrative purposes only, in Lease Year 3 - if the throughput was 400,000 -the throughput charge would be [$300,000 X (2.75 X FY2 CPI X FY3 CPI)]+ [100,000 X (1.75 X FY2 CPI X FY3 CPI)].

      The above listed charges per ton include all dockage, wharfage, line handling, harbor master, and water charges and fees in lieu of the charges and fees set forth in the then­ current Port Manatee Tariff ("Tariff'). If this Lease is renewed in accordance with paragraph of this Lease entitled "Term," the Parties acknowledge and agree that the wharfage rates included in this section may be increased at the discretion of the Authority with each Renewal Term Option.


    13. Minimum Annual Guaranteed Tonnage. Lessee guarantees at least one hundred seventy thousand (170,000) short tons of cargo during the first Lease Year of this Lease. Beginning on the second Lease Year and continuing on the anniversary of the Effective Date every Lease Year thereafter during the Term of this Lease, the minimum annual guaranteed tonnage will be increased two thousand (2,000) short tons. For illustrative purposes only, in the first Lease Year the MAG is 170,000, in the Second Lease the MAG is 172,000, in the Third Lease Year the MAG is 174,000, etc.)


    14. - Lessee, at its sole expense and risk, but in conformity with all Legal Requirements and, subject to the prior written approval of the Authority which may not be unreasonably

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      withheld, conditioned or delayed, may erect signs upon the Demised Premises and other appropriate places adjacent to road and thoroughfares within Port Manatee. Any signs existing upon the Demised Premises or in other locations within Port Manatee prior to the Effective Date of this Lease are hereby deemed to be approved by the Authority.


    15. Maintenance and Repairs. Lessee must, at its sole cost and expense, keep the Demised Premises in good operating condition, normal wear and tear excepted, throughout the Term of this Lease, including as needed to maintain a safe, tenantable, and workable condition. Lessee's responsibilities include, but are not limited to, undertaking any maintenance, repair, or replacement activities for the Demised Premises due to damage done by any act of God, natural disaster, or default, negligence or omission of Lessee, its agents, employees, invitees, patrons, servants, or any other persons whomsoever under the control of Lessee. The Authority shall have no responsibility for any maintenance, repairs, or replacements of the Demised Premises other than those expressly undertaken under this Lease and the Modernization Agreement. The Authority may in its sole direction, subject to the terms in the paragraph of this Lease entitled "Access," conduct annual inspections for the purpose of identifying whether the Demised Premises and any improvements thereto are being kept in a safe, tenantable, and workable condition.


    16. Utilities. Lessee shall arrange for and pay for all electric utility service to the Warehouse No. 4, 6, 7 and 8, including initial deposits, required by the various utility companies or utility systems for commencing service and for providing service, including, but not limited to, electrical consumption related to high voltage, portable, or semiportable high voltage equipment, etc. for the Warehouse No. 4, 6, 7 and 8, throughout the Term of this Lease. Notwithstanding the above, the Authority agrees that it will pay for all other utility services, including the utilities of the refrigerated plugs, including installation costs, connection fees, initial deposits, and similar charges for the aforementioned refrigerated plugs. When the Lessee uses the refrigerated plugs, the Lessee must pay to the Authority Twenty-Five Dollars ($25.00) per day per refrigerator plug used. This per day per plug charge does not including monitoring services. Monitoring services shall be the Lessee's responsibility. The Authority shall invoice the Lessee monthly for its refrigerator plug usage.


    17. Easements. The Authority reserves the right to maintain such easements on the Demised Premises as may now or in the future be determined to be necessary to serve the needs of Port Manatee, and Lessee agrees to take the Demised Premises subject to said easement requirements. Such easements may be used for, among other things, ingress and egress for other lessees, the installation of water distribution, sewage collection, underground electrical and telephone conduits, above ground street lighting, and power poles. However, it is understood and agreed that the Authority will restore any improvements, which Lessee has made, if such improvements are damaged by any installation made by the Authority. Furthermore, the Authority shall take reasonable steps to ensure that any such installation be the least disruptive to Lessee's operations. The Authority shall notify Lessee as soon as reasonably practicable if any new easements or improvements shall be added or made to the Demised Premises.


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    18. Common Areas. Subject to any security restrictions set forth in the paragraph of this Lease entitled "Security," Lessee and its employees and customers will have the nonexclusive right during the Term of this Lease to use the parking areas, streets, driveways, aisles, sidewalks, curbs, delivery passages, loading areas, lighting facilities, and all other areas designated by the Authority from time to time, for use by any tenants of Port Manatee (collectively, the "Common Areas"), in common with the Authority, other tenants of Port Manatee, and other persons designated by the Authority.


    19. Security. The Parties agree and acknowledge that the Authority is subject to minimum standards, procedures, and requirements imposed by federal and state laws and regulations, rules, policies, and procedures in effect from time to time concerning security at Port Manatee including the United States Maritime Transportation Security Act of 2002; Title 33, parts 101 and 105 of the United States Code of Federal Regulations; Chapter 311 of the Florida Statutes, and the security provisions of all tariffs in effect at Port Manatee, each as amended, supplemented, restated, or otherwise modified from time to time, in connection with the security of Port Manatee as a seaport. Lessee must comply with all the provisions of the above-mentioned laws and regulations applicable to the Demised Premises and to the activities and operations of Lessee at Port Manatee.


    20. Access. Subject to the restrictions set forth in paragraph of this Lease entitled "Security," the Authority grants Lessee and its employees, agents, invitees, patrons, servants, or any other persons whomsoever under the control of Lessee a continuous (twenty-four (24) hours per day, seven (7) days a week) right of ingress and egress through Port Manatee to the Demised Premises and berthing facilities. Subject to Lessee's safety and security measures and upon at least forty-eight (48) hours' prior written notice to Lessee, the Authority has free access to the Demised Premises at reasonable times and during business hours for the purpose of examination and inspection of the Demised Premises and all improvements located on the Demised Premises and for conducting routine business and operations at Port Manatee. Such access will be in a manner that does not unreasonably interfere with Lessee's business in the Demised Premises. Notwithstanding the foregoing, in the case of an Emergency (as defined below), the Authority or its representatives may immediately enter the Demised Premises after making reasonable efforts to notify Lessee. The term "Emergency" shall mean any situation in which there is an immediate threat to the Demised Premises or to Port Manatee, or to the health and safety of any person on the Demised Premises.or Port Manatee.


    21. Tariff Unless stated otherwise in this Lease, Lessee agrees to abide by and comply with all the rates, rules, and regulations of the Authority set forth in the then current Tariff, as published by the Authority. The covenant by Lessee to abide by and comply with the Tariff was a material inducement for the Authority to enter into this Lease constituting substantial consideration to the Authority for this Lease, and any failure of Lessee to comply with the then current Tariff constitutes an Event of Default by Lessee of this Lease, entitling the Authority to exercise all rights available to the Authority, including early termination as set forth in the paragraph of this Lease entitled "Default and Early Termination" and all other rights and remedies available at law or in equity. Lessee acknowledges that it has


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      received from the Authority a copy of the then current Tariff and that it understands all the provisions of said Tariff.


    22. Taxes. Lessee must timely pay any and all taxes related to its operations, the Demised Premises, and items stored at the Demised Premises or at any other area of Port Manatee that Lessee is permitted to store items pursuant to this Lease. Lessee is responsible for any and all ad valorem taxes, special assessments, tangible and intangible personal property taxes, sales tax, use taxes, license fees, and other tax, fee, or charge which may be levied or assessed against any portion of the Demised Premises or imposed in connection with the activities and operations of Lessee upon any portion of the Demised Premises or any other area of Port Manatee that Lessee is permitted to use pursuant to this Lease, or in connection with the possession of any portion of the Demised Premises by Lessee (collectively, the "Taxes"). Lessee must pay the Taxes directly to the appropriate local tax authorities or other governmental agencies. In addition, Lessee has the right to contest the amount or validity, whole or in part, of any ad valorem tax or special assessment or to seek a reduction in the valuation the Demised Premises as assessed for real estate property tax purposes by appropriate proceedings diligently conducted in good faith, (but Lessee may continue to pursue such contest past the final due date for such tax only after payment of such real estate property tax). The Authority shall not be required to join in any proceedings referred to in this section unless required by law, in which event the Authority shall, upon written request by Lessee, join in proceedings or permit the proceeding to be brought in its name. Lessee covenants that the Authority shall not suffer or sustain any costs or expenses (including, but not limited to attorneys' fees) or any liability in connection with any such proceedings and Lessee agrees to pay all such costs and expenses. No consent to join in proceedings or permit the proceedings to be brought in its name will subject the Authority to material civil liability or the risk of any criminal liability.


    23. Environmental Matters.


      1. In addition to complying with all Legal Requirements applicable to its activities and operations on the Demised Premises, Lessee shall comply with the following, hereinafter referred to as the "Environments Laws": The Port Manatee Master Plan, Memorandum of Agreement for Land Use Controls between the Authority and the Florida Department of Environmental Protection dated May 12, 2014, agency agreements, rules and regulations of general application at Port Manatee, adopted by the Authority. Except otherwise permitted by this Lease, Lessee shall not allow, cause, condone, license, permit, or sanction any activities, conduct, or operations on the Demised Premises that enable or result in any contaminants, hazardous materials or substances, pollutants, toxic materials or substances or other waste (hereinafter collectively referred to as "Hazardous Substances") to be accumulated, deposited, placed, released, spilled, stored, or used upon or under any portion of the Demised Premises contrary to or in violation of any of said Environmental Laws.


      2. The Authority shall have the right at any time to examine or inspect the Demised Premises for any reason, including but not limited to performing an Environmental Site Assessment and determining the existence of said Hazardous Substances. The


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        Authority's examination or inspect must take place during the normal business hours of Lessee with reasonable notice to Lessee and at no cost or expense to Lessee, unless such examination or inspection is an Emergency, in which case the Authority or its representatives may immediately enter the Demised Premises after making reasonable efforts to notify Lessee.


      3. A copy of any written assessment, audit or survey obtained by the Authority will be immediately furnished to Lessee. If any worsening of the environmental condition of the Demised Premises is evidently attributable to Lessee from that disclosed in any Environmental Site Assessment, Lessee shall cause any necessary action to be immediately taken to remediate such worsening. After the expiration of the Term, unless otherwise agreed by the Authority and Lessee, Lessee will be deemed to be "holding over" until such time as said remediation has been completed to the satisfaction of the Authority or any applicable regulatory agency. Any such hold over shall be subject to all terms of the paragraph of this Lease entitled "No Holding Over".


      4. Throughout the Term of this Lease, Lessee must not use, generate, release, discharge, store, dispose, or transport any Hazardous Substances in, under, in, above, to or from the Demised Premises in any manner other than in strict compliance with all applicable Environmental Laws.


      5. Lessee shall immediately notify the Authority of any accumulation, deposit, placement, release, spill, storage or use of any of said Hazardous Substances upon or under the Demised Premises that is required to be reported to applicable authority pursuant to applicable Environmental Laws. Such notification will be in addition to and will not replace any notice required by applicable Environmental Laws. In the event any federal, state, regional or county governmental authority with jurisdiction to enforce or regulate the construction and operation of the facilities of Lessee (a "Governmental Authority") determines that there is any significant or substantial deviation from the conditions, restrictions and limitations of applicable Environmental Laws and if Lessee fails to correct the violation within the period of time required or any extensions thereof approved by such Governmental Authority, then and in that event, the Authority will have the right to terminate the operation of any such facilities by Lessee until such violation has been corrected or take such lawful action as may be appropriate under the circumstances.


      6. The remedies granted to the Authority in this Lease are in addition to all other remedies which may be available to the Authority under the laws of the United States and the State of Florida, and nothing in this Lease will be construed as limiting the remedies of the Authority or any Governmental Authority.


      7. The environmental provisions of this Lease shall survive the expiration, early termination, or other cessation of this Lease and will continue in full force and effect so long as the possibility exists of any environmental liability obligation or


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        loss of or claim against the Authority and is attributable to any act or omission of Lessee, its agents or invitees.


    24. Insurance. During the Term of this Lease, Lessee shall provide, pay for, and maintain with insurance companies having an A.M. Best rating of A-NIII or better. All insurance must be from responsible insurance companies authorized to do business in the State of Florida. The required policies of insurance must be performable in Manatee County, Florida, and must be construed in accordance with the laws of the State of Florida. Current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) policies, forms, and endorsements or broader must be used where applicable. Non-standard policy forms are acceptable as long as they provide coverage as broad or broader than ISO or NCCI policy forms. The amounts and types of insurance must conform to the following minimum requirements:


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


      Workers' Compensation Employers' Liability

      Florida Statutory Requirements


      $1,000,000.00 Limit Each Accident

      $1,000,000.00 Limit Disease Aggregate

      $1,000,000.00 Limit Disease Each Employee


      When applicable, the policy must be endorsed to include the Longshore and Harbor Worker's Compensation Act and/or Maritime Coverage Endorsement (Jones Act Endorsement).

      • Longshore & Harbor Worker's Compensation Act Endorsement - When work will be performed on or over navigable waterways, a Longshore and Harbor Workers Endorsement must be provided to cover the employees' wages, transportation, maintenance and cure, in accordance with applicable Legal Requirements.

      • Maritime Coverage Endorsement (Jones Act) - When Operations are to be performed upon navigable waterways and barges, Tugboats, and all other vessels on the ocean and all intra-coastal rivers and canals, as well as drivers, divers, and underwater personnel are utilized, a Maritime Coverage Endorsement must be provided to cover the seamen, masters and members of a crew in accordance with applicable Legal Requirements, providing remedy for damage or injury in the course of employment.


      Commercial General Liability Insurance must be maintained by Lessee on the Full Occurrence Form. Coverage must include, but not be limited to, Premises and Operations, Personal Injury, Contractual for this Lease, Independent Contractors, Broad Form Property


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      Damage, and Products & Completed Operations Coverage and shall not exclude coverage for the "X" (explosion), "C" (collapse), and "U" (underground) Property Damage Liability exposures. Limits of coverage must not be less than:


      Bodily Injury & Property Damage Liability $5,000,000.00 Combined Single

      Limit Each Occurrence and aggregate


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


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


      Bodily Injury


      Property Damage Liability

      $1,000,000.00 Limit Each Accident


      $1,000,000.00 Limit Each Accident


      or


      Body Injury & Property Damage Liability $1,000,000.00 Combined Single

      Limit Each Accident


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


      Professional Liability. Lessee shall require all firms providing Professional services, including any architects and engineers, to carry professional liability insurance with coverage limits and terms that are commensurate with the nature and value of the services provided and the subject matter of their work.

      Terminal Operators Legal Liability Insurance shall be maintained by the Lessee that provides coverage for damage with limits of not less than $2,000,000.


      Pollution/Environmental Liability Insurance shall be maintained by the Licensee that will respond to the impairment of land, water, or air resulting from activities governed by this Lease. The minimum acceptable limits of liability shall be $5,000,000. If the policy is structured on a "Claims Made" basis, the policy must contain a "Retroactive Date" of no later than the commencement date of the Lease and will have an extended reporting period of ninety (90) days following expiration or termination of the Lease.


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      1. Lessee must deliver to the Authority within ten (10) days after execution of this Lease and prior to possessing the Demised Premises, properly executed "Certificate(s) of Insurance," setting forth the insurance coverage and limits required in this Lease. Each Certificate must be signed by the authorized representative of the insurance company shown on the Certificate. In the event of a claim, certified, true, and exact copies of the insurance policies required in this Lease must be provided to the Authority, if required by the Authority.

        Lessee shall take commercially reasonable steps to make up any impairment to any Aggregate Policy Limit upon notification of the impairment.


      2. The Authority must be included as an Additional Insured on Lessee's Commercial General Liability, Umbrella Liability, and Business Automobile Liability policies with respect to the liabilities assumed by Lessee under this Lease or arising out of operations of Lessee governed by this Lease and provide the "Severability of Interest" provision (a/k/a "Separation oflnsured's" provision).


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


      4. All insurance coverage of Lessee will be primary to any insurance or self-insurance program carried by the Authority with respect to the liabilities assumed by Lessee under this Lease. The Authority's insurance or self-insurance programs or coverage must not be contributory with any insurance required of Lessee in this Lease.


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


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


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


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


        Lease between the Authority and Del Monte


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


  10. Lessee shall give the Authority thirty (30) days advance written notice of any cancellation, intent not to renew any policy and/or any change that will reduce the insurance coverage required in this Lease, except for the application of the Aggregate Limits Provisions.


  1. Renewal Certificate(s) of Insurance must be provided to the Authority prior to expiration of current coverage.


    1. If Lessee fails to maintain the insurance coverage required in this Lease at any time during the term of the Lease, it shall be deemed an Event of Default under this Lease.


  1. If Lessee utilizes contractors or subcontractors to perform any work on Authority property, Lessee will ensure all contractors and subcontractors maintain the same types and amounts of insurance required of Lessee. In addition, Lessee wi11 ensure that the contractors and subcontractors insurances comply with all the insurance requirements specified for Lessee contained within this Lease. Lessee shall obtain Certificates of Insurance comparable to those required of Lessee from all contractors and subcontractors. Such Certificates of Insurances must be presented to Authority upon request.


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


  3. The Authority will not be responsible for damage, loss, or theft of any items or cargo stored in or at the Demised Premises or any damage caused by any items or cargo stored at the Demised Premises.


  1. Indemnification. Regardless of whether or not there is any applicable insurance, Lessee agrees to assume liability for and indemnify, hold harmless, and defend and release the Authority and its Port Authority members, officers, agents and employees (collectively "Authority Indemnitee") of, from, and against all liability and expense, including all fines, taxes, assessments, penalties, claims, suits, actions, demands, losses, damages, liabilities, remediation and response expenses, costs, and expenses (including, without limitation, reasonable attorneys' fees and the costs and expense of appellate action, if any) (collectively, "Claims"), and causes of cations of every kind or character whatsoever in


    Lease between the Authority and Del Monte


    law or in equity, including claims for bodily or personal injury, loss of life, violation of Environmental Laws (including, without limitation, those matters described in the section of this Lease entitled "Environmental Matters" of this Lease), violation of grant requirements, property damage, relief, or loss of use, arising out of any occurrence in, upon, at, or about the Demised Premises or any part thereof caused in whole or in part, either directly or indirectly, by the act, omission, negligence, misconduct, or breach of this Lease by Lessee, its officers, employees, agents, representatives, contractors, subcontractors, licensees, invitees, or by any other person entering the Demised Premises under express or implied invitation of Lessee, or arising out of or relating to Lessee's use of the Demised Premises, or operation at Port Manatee, except to the extent provided by law that any such loss or damage is caused in whole or in part by the negligence, gross negligence or willful misconduct of the Authority Indemnitee. Lessee's obligations contained in this section shall survive the termination of this Lease, however terminated, and shall continue in full force and effect and may not be terminated, discharged or released in whole or in part for a period of five (5) years after the date of termination or expiration of this Lease.


    1. This indemnification provision includes claims made by any employees of Lessee against the Authority, and Lessee hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. Nothing contained in this Lease and specifically this indemnification provision is intended to, nor shall it be construed as an additional waiver of sovereign immunity beyond the expressed written contractual obligations of the Authority contained within this Lease. Excluded from the Authority's indemnification obligation are any claims for which the Authority is immune from suit under the doctrine of sovereign immunity or for any amount of a claim exceeding the limitations of liability established by Section 768.28, Florida Statutes. Nothing in this Lease may be construed as consent by the Authority to be sued by third parties in any matter arising out of this Lease.


    2. Subject to the limitations set forth in this section, Lessee shall assume control of the defense of any claim asserted by a third party against the Authority for which Lessee is obligated to indemnify, defend, and hold harmless the Authority under this section and, in connection of such defense, shall appoint lead counsel in each case at Lessee's expense. The Authority shall have the right, at its option and expense, to participate in the defense of any third-party claim, without relieving Lessee of any of its obligations hereunder. If Lessee assumes control of the defense of any third-party claim in accordance with this section, Lessee shall obtain the prior written consent (not to be unreasonably withheld, conditioned, or delayed) of the Authority before entering into any settlement of such claim. Notwithstanding anything to the contrary in this section, Lessee shall not assume or maintain control of the defense of any third-party claim, but shall pay the reasonable fees of counsel retained by the Authority and all reasonable expenses, including experts' fees, if (i) an adverse determination with respect to the third-party claim would, in the good faith judgment of the Authority, be detrimental in any material respect to the Authority's reputation; (ii) the third party claim seeks an injunction or equitable relief against the Authority; or (iii) Lessee has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its


      Page 18 of 33


      CV


      Lease between the Authority and Del Monte


      agents to cooperate, in the defense or prosecution of any third-party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith.


  2. Labor Disputes. Port Manatee consists of various facilities operated by tenants pursuant to leases with the Authority and by the Authority itself, and it is necessary for the operation of Port Manatee that there is a degree of cooperation between Lessee and the Authority. In the event there are any strikes, boycotts, walkouts, picketing or other labor disputes at Port Manatee impacting upon the activities and operations of Lessee pursuant to the provisions of this Lease, then and in that event, Lessee shall reasonably cooperate with the Authority in taking reasonable action and undertakings necessary to preserve and protect normal lawful activities and operations at Port Manatee. Such action may include the exchange of information between Lessee and the Authority or arranging for a separate entrance to certain facilities at Port Manatee and the instih1tion and prosecution of legal proceedings at no cost or expense to Lessee. Lessee shall exercise a reasonable effort to discourage and prevent any such labor disputes in connection with its activities and operations pursuant to the provisions of this Lease. In the event of any such labor dispute in connection with the activities and operation by Lessee, then and in that event, Lessee shall take all reasonable action necessary to resolve said disputes and to prevent the disruption of the normal activities and operations at Port Manatee. Nothing in this Lease will be construed to impair or limit the lawful rights of employees of Lessee or the Authority, or to limit the lawful rights of any labor organization representing said employees.


  3. Independent Contractor. Lessee is an independent contractor. Nothing in this Lease shall constitute or create a partnership, joint venture, or any other relationship between the Parties, except as specified in the paragraph of this Lease entitled "Relation Between the Parties." Neither Lessee nor Lessee's agents shall act as officers, employees, or agents of the Authority. Lessee shall not have the right to bind the Authority to any obligation not expressly undertaken by the Authority under this Lease.


  4. Relationship Between the Parties. The Authority is not exercising any dominion, control, or supervision over the activities and operations of Lessee upon the Demised Premises, and the only interest the Authority has in and to activities and operations is as the lessor or landlord of Lessee for the Demised Premises pursuant to the provisions of this Lease and as the owner and operator of Port Manatee pursuant to the provisions of the then current Tariff.


  5. Assignment or subletting. This Lease is binding upon and will inure to the benefit of the Parties and their respective successors and assigns. However, this Lease may not be assigned, and no portion of the Demised Premises may be sublet by Lessee without the express written approval of the Authority. The Authority will not arbitrarily or unreasonably withhold, condition, or delay or refuse to permit such an assignment if the Lessee furnishes evidence satisfactory to the Authority that the assignee has financial resources to secure the performance of the terms and conditions of this Lease, which are at least equal to those of the Lessee. However, if all of the assets of the Lessee are assigned


    Lease between the Authority and Del Monte


    to its parent, subsidiaries or affiliated company, then Lessee may assign the Lease to that same parent, subsidiaries or any affiliated company without the prior written approval of the Authority. The Authority will not arbitrarily or unreasonably withhold, condition, delay or refuse to permit subletting providing that Lessee always remains liable to the Authority for carrying out the terms and conditions of this Lease and further providing that Lessee provide the Authority with a duly executed copy of any such sublease. Approval of any assignment will be set forth in a written addendum or supplement to this Lease executed with the same formality as the execution of this Lease. Approval of any sublease will be set forth in a Resolution of the Authority. Lessee may not assign, pledge, or otherwise transfer, as and for any other purposes, collateral security, in connection with any financing or refinancing this Lease or the improvements without Authority approval.


  6. Lessee's Representations. Lessee represents unto the Authority with the intent that the Authority rely thereon as a major inducement to the Authority to enter into this Lease and any extension or renewal thereof that:


    1. Lessee represents and warrants to the Authority that to its actual and constructive knowledge: (i) neither Lessee (which includes for purposes of this section its parent and affiliate companies, owners, members, managers, shareholders, directors, officers, representatives, agents, employees, distributors, vendors and suppliers collectively) nor any of its funding sources are identified on the Special Designated Nationals and Blocked Persons List of the United States Treasury Office of Foreign Asset Control; (ii) neither Lessee nor any guarantor of all or any part of Lessee's obligations under this Lease are directly or indirectly owned or controlled by a government or country that is subject to an embargo imposed by the United states Government; (iii) neither Lessee nor a granter of all or any part of Lessee's obligations under this Lease are acting on behalf of a government or have been in the past ten years involved in business arrangements or other transactions with any country that is subject to such embargo. Lessee agrees to notify the Authority in writing immediately upon the occurrence of any of that, which would cause the foregoing representation, and warranties of this section to be incorrect in any respect and the Authority shall have the right then or thereafter to terminate this Lease at its sole and absolute discretion.


    2. In connection with any aspect of this Lease or other transaction involving Lessee, neither Lessee (which includes for purposes of this section its parent and affiliate companies, owners, members, managers, shareholders, directors, officers, representatives, agents, employees, distributors, vendors and suppliers collectively) has engaged or will engage in prohibited conduct, as defined in the Foreign Corrupt Practices Acts, directly or indirectly in the performance of this Lease or otherwise on behalf of itself or Lessee. In the event of or during the term of this Lease, if Lessee is not in compliance with this section, Lessee shall make prompt disclosure of such non-compliance to the Authority and the Authority shall have the right to terminate the Lease at its sole and absolute discretion.


      Lease between the Authority and Del Monte


    3. Lessee (which includes its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of Lessee) has not been placed on the convicted vendor list following a conviction for a public entity crime within the last thirty-six (36) months. In the event of or during the term of this Lease, if Lessee is placed on the convicted vendor list, in accordance with Section 287.133, Florida Statutes, as may be amended, Lessee shall make prompt disclosure of such non-compliance to the Authority and the Authority shall have the right to terminate the Lease at its sole and absolute discretion.


    4. Pursuant to Section 287.135, Florida Statutes, Lessee certifies, represents, and warrants that: (i) it is not on the Scrutinized Companies with Activities in Sudan List; (ii) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (iii) that it does not have business operations in Cuba or Syria; and (iv) that it is not participating in a boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Lease and as of the effective date of any renewal. Notwithstanding anything contained in this Lease to the contrary, the Authority may terminate this Lease immediately if: (1) Lessee is found to have submitted a false certification regarding (i)-(iv) above in accordance with Section 287.135(5), Florida Statutes, or (2) Lessee is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined and such list is maintained pursuant to Section 287.135, Florida Statutes, or is otherwise engaged in a boycott ofisrael. Such termination shall be in addition to any and all remedies available to the Authority at law.


  7. Lessee's Compliance.


    1. Lessee shall comply with all applicable Legal Requirements and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of any violation of applicable Legal Requirements, in, upon, or connected with the Demised Premises, all at Lessee's sole expense. Lessee warrants that all improvements or alterations of the Demised Premises made by Lessee or Lessee's employees, agents or contractors, either prior to Lessee's occupancy of the Demised Premises or during the Term of this Lease, will comply with all applicable Legal Requirements and Environmental Laws. Lessee will procure at its own expense all permits and licenses required by the transaction of its business in the Demised Premises. In addition, Lessee warrants that its use of the Demised Premises will be in strict compliance with all applicable Legal Requirements. During the Term of this Lease, Lessee shall, at its sole cost and expense, make any modifications to the Demised Premises that may be required pursuant to any then current Legal Requirements.


    2. To the extent Lessee receives any notices of material violations of any permit or applicable Legal Requirements or Environmental Laws issued by any governmental authority relating to the construction of the improvements, leasing of the Demised Premises, or the operations at the Demised Premises or concerning its other activities under this Lease ("Citation"), Lessee shall promptly respond to the


      Lease between the Authority and Del Monte


      Citation. Lessee shall provide notice and a copy of each Citation to the Authority promptly after the Citation is received by Lessee. Thereafter, Lessee shall keep the Authority informed on the ongoing status of Lessee's efforts to address the Citation, and Lessee shall provide notice to the Authority when the Citation has been resolved. Lessee shall pay all costs of investigating and responding to a Citation, all costs of correcting deficiencies and achieving compliance with applicable Legal Requirements, and all fines assessed as a result of Lessee's non-compliance.


  8. Eminent Domain. If during the Term of this Lease there is any taking of any portion of the Demised Premises by eminent domain or condemnation that materially affects the Demised Premises for the development, construction or operation of Lessee, in accordance with the Permitted Use, in Lessee's reasonable determination, Lessee may terminate this Lease whereupon the Parties will be relieved from further liability under this Lease. Prior to any termination of the Lease, the Authority will endeavor to provide facilities and acreage equivalent in size, value, and utility to the portion of the Demised Premises taken by eminent domain or condemnation. The Authority will be entitled to any compensation awarded for any taking, whether for the whole or a portion of the Demised Premises, for Authority's fee simple title interest in the land and future rent loss. Lessee will be entitled to any compensation awarded for any taking, whether for the whole or a portion of the Demised Premises, for Lessee's leasehold interest, all improvements that were part of the taking and installed by Lessee, Lessee's moving expenses, and the value of Lessee's trade fixtures.


  9. Default and Early Termination. Upon the event of any Event of Default, as outlined below, or at any time thereafter during the continuance of the Event of Default, the Authority, by its Board, may terminate this Lease. If the Authority elects to terminate this Lease, the Authority must provide Lessee written notice specifying a termination date, which must be at least five (5) calendar days after the date of such written notice of termination.


    Any of the following events constitute an "Event of Default" of this Lease by Lessee:


    1. If Lessee abandons or vacates the Demised Premises for a period in excess of ninety

      (90) days;


    2. If the Base Rent, Additional Rent, fees, charges, or other payments which Lessee agrees to pay or is obligated to pay hereunder are not received by the Authority within thirty (30) business days after receipt of written notice of non-payment from the Authority;


    3. If Lessee fails to observe, keep, or perform any of the terms, covenants, agreements, or conditions of this Lease for a period of thirty (30) business days after receipt of written notice from the Authority; provided however, if the nature of the remedial action is such that it cannot be reasonably completed within such thirty (30) business day cure period, then Lessee shall have a reasonable period of time to complete such cure ("Cure Period");


      Lease between the Authority and Del Monte


    4. If Lessee transfers substantial control of Lessee's assets or Lessee's business operations or activity to any other entity without prior written consent of the Authority;


    5. If Lessee files a voluntary petition for bankruptcy or otherwise seeks the benefit of any bankruptcy, reorganization, arrangement, or insolvency law or makes a general assignment for the benefit of creditors;


    6. If Lessee is adjudicated bankrupt;


    7. If any act occurs which deprives Lessee permanently of the rights, powers, or privileges necessary for the proper conduct and operation of Lessee's business;


    8. Any lien, claim or other encumbrance which is filed against the Demised Premises is not removed or if the Authority is not adequately secured by bond or otherwise, within thirty (30) calendar days after Lessee has received notice thereof;


      1. The discovery of any material misrepresentation or fraudulent statement made to the Authority in connection with any lease or other application or forms submitted to Authority in connection with this Lease or the Demised Premises, following written notice by Authority and a failure by Lessee to explain the matter to the Authority's satisfaction within thirty (30) calendar days;


      J. By or pursuant to, or under authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency or officer having jurisdiction, a receiver, trustee, or liquidator must take possession or control of all or substantially all of the property of Lessee, and such possession or control continues in effect for a period of sixty (60) calendar days;