A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, October 22, 2019, at 11 am, or as soon as is practicable, in the Patricia M. Glass Commission Chambers on the first floor of the County Administrative Center at 1112 Manatee Avenue West, Bradenton, Florida


image

MANATEE COUNTY PORT AUTHORITY AGENDA

October 22, 2019 – 11 am


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


CALL TO ORDER

Public Comments


  1. Consent Agenda


  2. Memorandum of Agreement for Additional Dredging of Certain Berthing Areas


Executive Director Comments Public Comments Commissioner Comments

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

Vanessa Baugh, Chairman

Priscilla Whisenant-Trace, 1st Vice-Chairman; Reggie Bellamy, 2nd Vice-Chairman; Betsy Benac, 3rd Vice-Chairman; Stephen R. Jonsson, Member;

Misty Servia, Member; Carol Whitmore, Member

October 22, 2019


  1. CONSENT AGENDA


    1. Warrant Listing


    2. Minutes September 19, 2019, October 8, 2019


    3. Budget Resolution


    4. 2020 Holiday & Pay Date Schedule


    5. Certification of Lands

Manatee County Port Authority Warrant (Check) Listing

09/12/2019 to 10/13/2019


AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

450.00

AP

XXXXXXX

V026102

ADVANCED ESI LLC

17,228.49

AP

XXXXXXX

V026102

ADVANCED ESI LLC

2,747.18

AP

XXXXXXX

V025267

ALLEGRA PRINTING OF BRADENTON

392.23

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

25.16

AP

XXXXXXX

V004322

AMERICAN JOURNAL OF TRANSPORTA

1,500.00

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

239.94

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

816.88

AP

XXXXXXX

P000270

APPICE, MATTHEW

518.11

AP

XXXXXXX

P000270

APPICE, MATTHEW

711.16

AP

XXXXXXX

P000270

APPICE, MATTHEW

125.14

AP

XXXXXXX

V023563

AQUA PLUMBING AND AIR INC

450.00

AP

XXXXXXX

V118009

AT AND T

66.52

AP

XXXXXXX

V118009

AT AND T

66.52

AP

XXXXXXX

V013140

AT AND T MOBILITY

47.47

AP

XXXXXXX

V008136

ATLANTIC TRACK AND TURNOUT INC

197.33

WT

XXXXXXX

V019189

BANK OF AMERICA

12,754.06

AP

XXXXXXX

V002730

BANK OF AMERICA

194.22

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

8,935.25

AP

XXXXXXX

V171816

BP OIL COMPANY

294.32

AP

XXXXXXX

V010830

BRAAS COMPANY

181.53

AP

XXXXXXX

V007624

BRIGHT HOUSE

946.81

AP

XXXXXXX

V007624

BRIGHT HOUSE

368.32

AP

XXXXXXX

V007624

BRIGHT HOUSE

2,522.14

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

1,220.13

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

1,656.57

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

43.00

AP

XXXXXXX

P000380

BURGER, STEPHEN T

13.55

AP

XXXXXXX

V024368

CARR RIGGS AND INGRAM LLC

3,923.50

AP

XXXXXXX

V006422

COMMERCIAL FIRE AND COMMUNICAT

702.81

ZP

XXXXXXX

L245170

COSTANTINO BODY SHOP INC

9,188.00

AP

XXXXXXX

V006291

DEX IMAGING INC

302.16

AP

XXXXXXX

V282890

DISCOUNT LOCK AND KEY INC

12.00

WT

XXXXXXX

V334600

DIVISION OF RETIREMENT, FLORID

0.00

AP

XXXXXXX

V025972

ELECTRONIC SYSTEM SERVICES INC

21,900.00

AP

XXXXXXX

V022096

ENTECH

8,030.96

AP

XXXXXXX

V005147

EXXONMOBIL CARD SERVICES

125.72

ZP

XXXXXXX

L333009

FLEET PRODUCTS

115.42

WT

XXXXXXX

V335586

FLORIDA DEPARTMNT OF TRANSPORT

543,850.00

AP

XXXXXXX

V021300

FLORIDA PEST CONTROL AND CHEMI

1,553.00

AP

XXXXXXX

V021300

FLORIDA PEST CONTROL AND CHEMI

939.00

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

23,158.98

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

53,776.45

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

24,841.53

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,437.85

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

58.34

Manatee County Port Authority Warrant (Check) Listing

09/12/2019 to 10/13/2019


ZP

XXXXXXX

L007982

FRONTIER LIGHTING INC

1,559.00

ZP

XXXXXXX

L007982

FRONTIER LIGHTING INC

191.44

AP

XXXXXXX

V023397

GAHAGEN AND BRYANT ASSOCIATES

17,200.00

AP

XXXXXXX

V362269

GENERAL PROPELLER COMPANY

392.78

AP

XXXXXXX

V380791

GOODYEAR AUTO SERVICE CENTER

40.00

AP

XXXXXXX

V385628

GRAINGER INC, W W

787.14

ZP

XXXXXXX

L387610

GRAVELY OF BRADENTON

1,719.43

AP

XXXXXXX

V022245

GUYS HAULING AND DUMPSTER SERV

180.00

WT

XXXXXXX

V020386

HANCOCK BANK

7,515.12

WT

XXXXXXX

V020386

HANCOCK BANK

29,253.12

AP

XXXXXXX

V009636

HAYES E GOVERNMENT RESOURCES I

2,069.28

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

829.96

AP

XXXXXXX

P000336

HOWARD, ROBERT M

90.66

AP

XXXXXXX

V017862

ID WHOLESALER

457.50

AP

XXXXXXX

V004875

J2 ARTS INC

1,115.00

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

2,825.91

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

3,619.61

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

683.59

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

2,814.08

AP

XXXXXXX

V026038

JOCELYN HONG AND ASSOCIATES

10,000.00

AP

XXXXXXX

V025722

JVS CONTRACTING INC

26,400.00

AP

XXXXXXX

V000423

LEWIS LONGMAN AND WALKER PA

26,508.06

AP

XXXXXXX

V018272

LIGHT BULB DEPOT OF TAMPA

405.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

7,000.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

7,000.00

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

37.60

AP

XXXXXXX

V025917

LV CONSULTING LLC

1,702.20

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

30.00

UT

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

7,166.76

AP

XXXXXXX

V022877

MCGUIRE ELECTRIC INC

5,261.29

AP

XXXXXXX

V025109

MORRIS, EDMOND R

3,460.16

AP

XXXXXXX

V696537

NORTHSIDE AUTO PARTS

649.43

AP

XXXXXXX

V696537

NORTHSIDE AUTO PARTS

177.48

AP

XXXXXXX

V696537

NORTHSIDE AUTO PARTS

498.79

AP

XXXXXXX

V019470

OCALA TRACTOR LLC

23,000.00

AP

XXXXXXX

V025892

OCEANSIDE PROMOTIONS

352.00

AP

XXXXXXX

V701905

OFFICE DEPOT INC

1,958.22

AP

XXXXXXX

V020673

OREILLY AUTO PARTS

242.03

AP

XXXXXXX

V706455

ORKIN PEST CONTROL

198.00

AP

XXXXXXX

V010854

P & T FILTER SALES INC

160.24

AP

XXXXXXX

V010854

P & T FILTER SALES INC

209.20

AP

XXXXXXX

V736427

PITNEY BOWES CREDIT CORP

171.00

AP

XXXXXXX

V019548

PLAN IT PROMO AND DESIGN

1,735.00

AP

XXXXXXX

V022437

PREFERRED GOVERNMENTAL INSURAN

7,679.75

AP

XXXXXXX

V021677

PROPELLER CLUB OF THE UNITED S

270.00

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

27.21

Manatee County Port Authority Warrant (Check) Listing

09/12/2019 to 10/13/2019


AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

1,719.08

AP

XXXXXXX

V006785

PYE BARKER FIRE AND SAFETY INC

1,005.00

AP

XXXXXXX

V020765

R S AND H INC

42,190.36

WT

XXXXXXX

V007824

REGIONS BANK

1,616,606.25

AP

XXXXXXX

V024707

SHEPARD EXPOSITION SERVICES

1,030.10

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

33,023.98

AP

XXXXXXX

V023677

SOLTEC ELECTRIC

296.59

AP

XXXXXXX

P000213

ST PIERRE, DAVID M

246.44

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

30,750.00

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

6,106.00

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

49,279.50

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

13,060.07

AP

XXXXXXX

V875019

STATE OF FLORIDA

794.22

AP

XXXXXXX

V875019

STATE OF FLORIDA

821.50

AP

XXXXXXX

V026121

TBMSF AND TPM JOINT VENTURE

1,000.00

AP

XXXXXXX

V020041

TERRACON CONSULTANTS INC

9,135.30

AP

XXXXXXX

V020041

TERRACON CONSULTANTS INC

3,654.12

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY

84.43

AP

XXXXXXX

V022138

TOTAL BUILDING SOLUTIONS INC

7,825.00

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

145.00

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC

13,855.81

AP

XXXXXXX

V009667

VERIZON WIRELESS

2,179.03

AP

XXXXXXX

V009667

VERIZON WIRELESS

1,142.38

AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

65.00

AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

700.00

AP

XXXXXXX

V961411

WEST FLORIDA SUPPLY CO

115.19

AP

XXXXXXX

V019987

WIMAUMA AUTO PARTS INC

235.75


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Total warrants (checks) for period reported 2,792,336.89

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MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida SEPTEMBER 19, 2019

Present were:

Vanessa Baugh, Chairman

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

Betsy Benac, Third Vice-Chairman Stephen R. Jonsson

Misty Servia Carol Whitmore

Also present were:

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

Susan Flowers, Accounting Manager, Clerk of the Circuit Court Julie Jensvold, Finance, Clerk of the Circuit Court

Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Amy N. Beck, Clerk I, Clerk of the Circuit Court

image Chairman Baugh called the meeting to order at 9:01 a.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

image The Invocation was delivered by Rich Lewman, Anchor House Chaplin, followed by the Pledge of Allegiance.


INTRODUCTIONS

image Members of the Audience introduced themselves.

PUBLIC COMMENT

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

AGENDA PA20190919DOC001

  1. EMPLOYEE RECOGNITION

    image Shawn Smith, Deputy Director of Maintenance, presented Aaron Washington, Grounds Supervisor, with a recognition award for his outstanding performance, dedication, and his 30 year employment with Port Manatee. PA20190919DOC002

  2. CONSUL GENERAL OF THE NETHERLANDS PRESENTATION

    image Max Stewart, Bradenton Area Economic Development Center, introduced the speakers from the Netherlands Consul General on international trading goals between Florida and the Netherlands.


    image Ruth Emmerink, Netherlands Consul General, thanked the Port Authority for their interest in trading opportunities with the Netherlands, and provided a brief history of her employment. The Netherlands Consul General has specialist organizations that are part of their diplomatic network, such as the Netherlands Foreign Investment Agency, which is focused on creating business and economic relationships in the maritime sector between the

    SEPTEMBER 19, 2019 (Continued)


    Netherlands and U.S. based-companies, knowledge institutes, and government. The Netherlands has historically been a trading nation, and has been in a partnership with the U.S. since the 17th Century. The Netherlands ranks among the top five for foreign investors, because of their favorable business climate, knowledgeable workforce, and has an English speaking population which is attractive to U.S. businesses. The partnership with the Netherlands supports 825,000 U.S. jobs and is home to 850 Netherland companies. The bilateral trade between Florida and the Netherlands is valued at $1.3 billion dollars. Florida’s exports to the Netherland were valued at $680 million in 2018. She is committed to enhancing mutual beneficial partnerships between Florida and the Netherlands.


    image Boudewijn Barth, Netherlands Foreign Investment Agency, stated their mission is to attract and engage foreign companies that are attempting to enter the European market to be based in the Netherlands. The Netherlands Foreign Investment Agency is based in Atlanta, Georgia, and focuses on the southeastern region of the U.S. Currently, there are several U.S. companies that are using the Netherlands as their European shipping hub for business products. The goal is to make the entrance and registering a business in the Netherlands a simple process.


    image Discussion ensued on the shipping history of the Netherlands, important trade partnerships will grow based on introductions between countries, the United Kingdom Brexit (exiting) from the European Union is providing business opportunities for the Netherlands, the U.S./Netherlands shipping trade, and how the Netherlands handles water resiliency issues. PA20190919DOC003

  3. CONSENT AGENDA PA20190919DOC004

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

    1. WARRANT LIST

      Accepted the Warrant Listing from August 9, 2019, to September 11, 2019

      PA20190919DOC005

    2. MINUTES

      Approved minutes of August 15, 2019 PA20190919DOC006

    3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-19-24 PA20190919DOC007

    4. PORT MANATEE TARIFF 3 ITEM 479

      Approved Port Manatee Tariff 3 Item 479 Unlicensed Harbor Tugboats increased from

      $500 to $1,000 for harbor tug services performed by any unlicensed tugboat(s).

      PA20190919DOC008

    5. PORT SECURITY GRANT PROGRAM AGREEMENT

      Accepted the Agreement Number EMW-2019-PU-00193-S01from Federal Emergency Management Agency (FEMA) for expansion of the South Gate, access control system software and mass notification alarm system upgraded awarded by the Department of Homeland Security in the amount of $1,425,000. PA20190919DOC009

    6. SEABULK TOWING AGREEMENT

      Accepted and executed the Five-Year Extension of Port Manatee Tugboat Services License Agreement with Seabulk Towing. PA20190919DOC010

      (End Consent Agenda)

      SEPTEMBER 19, 2019 (Continued)


  4. KINDER MORGAN LEASE

    image Carlos Buqueras, Executive Director, provided a brief history of the 50 year partnership between Port Manatee with Kinder Morgan, and the expansion of business the Port has experienced.


    A motion was made by Member Whitmore, seconded by Commissioner Benac, and carried 7 to 0, to execute the Port Manatee and Kinder Morgan Lease between the Manatee County Port Authority and Kinder Morgan Port Manatee Terminal, LLC. PA20190919DOC011

  5. LEGAL SERVICES AGREEMENT/SECOND AMENDMENT

    image Carlos Buqueras, Executive Director, stated the amendment to the legal services agreement with Lewis, Longman & Walker, P.A. will expand the scope of lobbying and representation services for Port Manatee.


    image A motion was made by Member Whitmore and seconded by Member Trace, to execute the Second Amendment to Port Manatee Legal Services Agreement between the Port Authority and Lewis, Longman & Walker, P.A.


    image Discussion ensued on the meaning of the service expansion and what would be provided.

    image David Sanford, Port Authority Deputy Executive Director, clarified Port Manatee has become more active in Tallahassee and there are items that need lobbying services for legislative attention. The original agreement did not specify lobbying services to the Governor’s Office and State agencies. The benefits of expanding the agreement to include lobbying services could persuade legislators to fund Capital Improvement Plan (CIP) projects in lieu of utilizing the Port’s transportation funds.


    image Discussion continued regarding the Port’s future growth projection, and the Port Authority communicates with State Representatives.

    image The motion carried 7-0. PA20190919DOC012

  6. PAVEMENT IMPROVEMENTS CONTRACT AWARD

    image Carlos Buqueras, Executive Director, stated Port Manatee has experienced tremendous growth which has created a need to upgrade the pavement for the road system.


    image A motion was made by Member Jonsson, seconded by Whitmore, and carried 7 to 0, to award the contract for pavement improvements to Pepper Contracting Services, Inc., in the amount of $3,719,788, and to execute the contract including the construction documents, subject to Port counsel and Florida Department of Transportation (FDOT) review and approval.

    PA20190919DOC013


  7. EXECUTIVE DIRECTOR EVALUATION POSTPONEMENT

image A motion was made by Member Trace, seconded by Member Jonsson, and carried 7 to 0, to approve the postponement of the Executive Director’s October annual evaluation to the next regular Port Authority meeting held at Port Manatee. PA20190919DOC014

SEPTEMBER 19, 2019 (Continued)


EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, utilized a slide presentation to comment on the following:


ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 10:04 a.m.

Minutes Approved:

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATIVE CENTER

1112 Manatee Avenue West Bradenton, Florida

October 8, 2019

Meeting video link: https://www.youtube.com/channel/UCUlgjuGhS-qV966RU2Z7AtA


Present were:

Vanessa Baugh, Chairman

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

Betsy Benac, Third Vice-Chairman

Stephen R. Jonsson (entered later in the meeting) Misty Servia

Carol Whitmore

Also present were:

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

Susan Flowers, Finance Department, Clerk of the Circuit Court Julie Jensvold, Finance Department, Clerk of the Circuit Court

Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

Chairman Baugh called the meeting to order at 11:38 a.m.

REVISED AGENDA PA20191008DOC001


image

PUBLIC COMMENT

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

AGENDA ANNOUNCEMENTS

Carlos Buqueras, Executive Director, announced that Item 3 (Memorandum of Agreement with Department of the Army – Additional Dredging of Certain Berthing Areas) was withdrawn for further review, and would be brought back. Items 4 and 5 were added. PA20191008DOC002

  1. CONSENT AGENDA PA20191008DOC003

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

    1. PORT AUTHORITY MEETING SCHEDULE

      Adopted Resolution PA-20-01, giving notice of Port Authority meetings; and, the Port Executive Director is instructed to cause a copy of said Resolution to be published in the Bradenton Herald, in accordance with the requirements of Section 189.015, Florida Statutes PA20191008DOC004

    2. BUDGET RESOLUTION

      Adopted Budget Resolution PA-20-02, budgeting for the following Capital Improvement Projects:

      • Berth 6 Improvements – $1,380,051, funded 75 percent by Florida Department of Transportation (FDOT), and $460,017, funded 25 percent by Port’s State Infrastructure Bank Loan;

        OCTOBER 8, 2019 (Continued)


      • Maintenance Dredging – $530,000, with the execution of a Memorandum of Agreement being presented along with this budget between the Department of the Army and the Port, for dredging of certain berthing areas at the Manatee Harbor, Florida Navigation Project; and

      • Barge Mooring Facility – $24,000 increase for the addition of two, feet-mounted tire standoff on each of the 14, bare steel pipe piles to meet U.S. Army Corps of Engineers (USACE) Permit requirements PA20191008DOC005

        (End Consent Agenda)

  2. CHANGE ORDERS/BARGE MOORING PILES INSTALLATION

image Carlos Buqueras, Executive Director, stated the Authority approved (7/23/19) a contract with Infrastructure & Industrial Constructors, in the amount of $210,000, for all necessary labor, equipment and materials of 14, bare steel pipe piles installation. The original contract price included sales tax for the purchase of construction materials.


Change Order MCPA-CO-001 allows the Port Authority to take advantage of provisions of Section 212.08(6), Florida Statutes and Rule 12-A-1.094, Florida Administrative Code, to pay for materials directly, thus allowing sales tax cost savings in the amount of $3,602.95.

Change Order MCPA-CO-002 is for the addition of two, foot-mounted tire standoff to meet the requirements of the USACE Permit. The net increase of the Change Orders and direct material purchase is $23,432.33.


image A motion was made by Member Trace and seconded by Member Servia, to approve both Change Order MCPA-CO-001 and Change Order MCPA-CO-002 to the contract between Manatee County Port Authority and Infrastructure & Industrial Constructors, for barge mooring piles, to provide for sales tax savings and the installation of tires, per USACE permit requirement, for a net decrease of $28,038.45; and, approve issuance of a purchase order to Nucor Skyline Steel LLC, in the amount of $51,470.78, for direct purchase of construction materials.

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

The motion carried 6 to 0, with Member Jonsson absent. PA20191008DOC006

(Enter Member Jonsson)

  1. MEMORANDUM OF LEASE TERMINATION/ARGOS CEMENT LLC

    image Carlos Buqueras, Executive Director, stated the lease agreement with Argos Cement LLC, and its predecessor (Florida Cement, Inc.) is almost 50 years old (8/6/70). Argos Cement has not had any vessel activity and has agreed to terminate its lease early, effective October 8, 2019, so that the Port can turn the property into productive use with a new lease and tenant.


    image A motion was made by Member Benac and seconded by Member Trace, to approve and authorize the Chairman to execute the Memorandum of Lease Termination between Argos Cement LLC, and the Manatee County Port Authority.

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

    The motion carried 7 to 0. PA20191008DOC007

  2. CARVER MARITIME LLC/LEASE AMENDMENT THREE

    image Carlos Buqueras, Executive Director, reviewed the request as outlined on the agenda memorandum.

    OCTOBER 8, 2019 (Continued)


    image A motion was made by Member Bellamy and seconded by Member Trace, to approve and authorize the Chairman, on behalf of the Port Authority, to execute the Port Manatee and Carver Maritime LLC Lease Amendment Three, increasing Carver’s the total leased land by seven acres.

    Chairman Baugh requested the Authority be kept informed as progress continues. There being no public comment, Chairman Baugh closed public comment.

    The motion carried 7 to 0. PA20191008DOC008

    PUBLIC COMMENTS

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

    PORT AUTHORITY COMMENTS

    Chairman Baugh commended FDOT representatives for consistently attending Port meetings.

    ADJOURN

    image There being no further business, Chairman Baugh adjourned the meeting at 11:43 a.m.

    Minutes Approved:

    October 22, 2019


    CONSENT

    AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

    This resolution budgets $41,200 for the design, fabrication and installation of a 93’ long and 4’5” high steel rail at Berth 10. This rail will allow movement of the mooring lines.


    ATTACHMENT:


    Budget Resolution PA-20-03.


    COST AND FUNDING SOURCE:


    Port cash of $41,200.


    CONSEQUENCES IF DEFERRED:


    Delay in budget allocations.


    LEGAL COUNSEL REVIEW: N/A


    RECOMMENDATION:


    Move to adopt Budget Resolution PA-20-03.

    RESOLUTION PA-20-03 AMENDING THE ANNUAL BUDGET

    FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2019-2020


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


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


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


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


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


Item No.

Batch ID No.

Reference No.

1

BAALA1619A/B

BU20200051


ADOPTED with a quorum present and voting this the 22th day of October, 2019.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


image

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-20-03 AGENDA DATE: October 22, 2019


  1. Fund: Port Capital Improvement Section: Berth 10 Improvements

    Description: Budgets $41,200 for the Berth 10 Rail.


    Batch ID: BAALA1619A/B Reference: BU20200051

    October 22, 2019


    CONSENT

    AGENDA ITEM 1.D.: 2020 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 2020 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 2020.


    image

    MANATEE COUNTY PORT AUTHORITY 2020 HOLIDAY & PAY DATE SCHEDULE


    January

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    October

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    December

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    January 1 - New Year’s Day

    July 3– Independence Day

    November 27 – Thanksgiving Friday

    January 20 - Martin Luther King, Jr. Day

    September 7 – Labor Day

    December 24 – Christmas Eve

    February 17 – President’s Day May 25 – Memorial Day

    November 11 – Veteran’s Day November 26 – Thanksgiving Day

    December 25 - Christmas Day


    January 1, 2020 – New Year’s Day


    THREE (3) PERSONAL HOLIDAYS: To be used on or before December 31, 2020 (Advance approval by management required)


    HOLIDAY image PAYDATE

    October 22, 2019


    CONSENT

    AGENDA ITEM 1.E.: CERTIFICATION OF LANDS


    BACKGROUND:


    As provided by the terms of the Project Cooperation Agreement between the Department of the Army and the Manatee County Port Authority dated March 31, 1995, the Authority agreed to provide all lands, easements and rights-of-way required for periodic maintenance dredging in the Manatee Harbor of Port Manatee currently scheduled for commencement in late November 2019. The dredging project requires lands for placement of dredged material, pipeline access and staging. A lands certification was previously provided in April 1998, but the plans have changed, and an updated lands certification is required.


    ATTACHMENT:


    Certification of Lands


    COST AND FUNDING SOURCE:


    N/A


    CONSEQUENCES IF DEFERRED:


    Delay in commencement of dredging port berth areas.


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:


    Move to approve and authorize the Chairman to execute a Certification of Lands from Manatee County Port Authority to the Department of the Army Corps of Engineers.

    CERTIFICATION OF LANDS


    Certificate Number: (if applicable)

    Project Name: Manatee Harbor, Florida Navigation Project

    Segment:


    The Manatee County Port Authority, as Project Sponsor of the Manatee Harbor, Florida Navigation Project (“Project”), authorized by Section 202 of the Water Resource Development Act of 1986, Public Law 99-662, by Section 102(j) of the Water Resource Development Act of 1990, Public Law 101-640, and by section 156 of the Energy and Water Appropriations Act, 2004, Public Law 108-37, under a Project Cooperation Agreement dated July 6, 2004 and as subsequently amended, does herby certify that the below described lands where the dredge pipeline is to be constructed and the staging area as depicted on the attached map are dedicated to the Project and shall not be conveyed, transferred, or otherwise altered or encumbered during the Project’s 2019/2020 dredge event in a manner that would limit the Department of the Army’s irrevocable right to enter the lands as described below, without the express written consent of the Department of the Army acting by and through the Assistant Secretary of the Army for Civil Works or his designated representative.

    The Manatee County Port Authority does certify that it owns the below described interests in the lands where the dredge pipeline is to be constructed and the staging area as depicted on the attached map at the time of execution of this Certificate and that these recited interests will not be impaired during the 2019/2020 dredge event of the Project except as written consent is given as provided above. The Manatee County Port Authority also certifies that all persons and businesses that have been displaced by acquisition of below lands have been relocated in full compliance with Public Law 91-646, as amended and that the other provisions of Public Law 91-646, as amended, have been complied with.

    The Manatee County Port Authority does hereby grant to the Department of the Army an irrevocable right to enter for purposes of construction, inspection and, if necessary, for the purpose of completing, operating, repairing, maintaining, replacing, or rehabilitating the Project upon lands where the dredge pipeline is to be constructed and staging area as depicted on the attached map, which the Manatee County Port Authority owns or controls for the Project during the Project’s 2019/2020 dredge event.

    The Manatee County Port Authority hereby certifies that it has at least the following minimum interest in the lands depicted on the attached map and as identified thereon:

    Manatee County Port Authority owns the land inside the red outline on the attached Enclosure 1 – Disposal Plan Pipeline Routes in fee simple. The lands in the red outline where the dredge pipeline is to be constructed and the staging

    area as depicted on the attached map are unleased lands that the Manatee County Port Authority owns in fee simple.

    Manatee County Port Authority obtained a temporary construction easement to allow the dredge disposal pipeline to be constructed in the right-of-way to the south of Piney Point Road and pass through the culvert located at Piney Point Road and Reeder Road intersection (the blue area depicted on the attached Enclosure- 1 Disposal Plan Pipeline Routes) for the purpose of carrying dredge material from Manatee Harbor to Port Manatee’s upland disposal area in accordance with the Project’s 2019/2020 dredge event.


    Manatee County Port Authority


    Dated:

    By: (Position authorized to sign)

    2

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    SHEET GENERAL NOTES


    1. THE PIPELINE SHALL RUN THROUG H EXISTING CULVER TS

      U NLE SS OTHERWISE COORDI NATED WITH THE CONTRACTING OFFICER'S REPRESE NTATIVE IN WRITING.


      Privately owned

      Port TCE from County

      County owned

      Port owned

    2. THE CONTRACTOR MAY PLACE TH!: PIPE BENEATH THE ACCESS ROAD. TRENCH ING OR EXCAVATION FOR PIPELINE ACCESS THROUGH THE UPlAN D DISPOSAL AREA MAIN DIKE IS NOT ALLOWED.


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A DISPOSAL PLAN PIPELINE ROUTES (!) LJ

October 22, 2019


AGENDA ITEM 2.: MEMORANDUM OF AGREEMENT FOR ADDITIONAL

DREDGING OF CERTAIN BERTHING AREAS


BACKGROUND:


On August 17, 2017, the Authority approved a Memorandum of Agreement (MOA) with the Department of Army (DOA) for the dredging of the berthing areas. Due to shoaling, dredging of the berthing areas must once again be performed. The DOA will soon be soliciting bids for a dredging project and to save substantial costs by utilizing the same dredging company, the Department of Army (DOA) has provided a Memorandum of Agreement. Acceptance of this item will not only allow the Authority to take advantage of DOA’s lowest and best bidder, but provides savings of mobilization, demobilization and other substantial costs that would be associated with a separate bid. The estimated cost is

$530,000.


ATTACHMENT:


Memorandum of Agreement between the Department of the Army and the Manatee County Port Authority for Additional Dredging in Connection with Dredging of the Manatee Harbor, Florida Navigation Project


COST AND FUNDING SOURCE:


$530,000 of Port cash


CONSEQUENCES IF DEFERRED:


Delay in dredging port berth areas.


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute a Memorandum of Agreement between the Department of the Army and the Manatee County Port Authority for Additional Dredging in Connection with Dredging of the Manatee Harbor, Florida Navigation Project.


MEMORANDUM OF AGREEMENT BETWEEN

THE DEPARTMENT OF THE ARMY AND

MANATEE COUNTY PORT AUTHORITY FOR ADDITIONAL DREDGING

IN CONNECTION WITH DREDGING OF

THE MANATEE HARBOR, FLORIDA NAVIGATION PROJECT


This MEMORANDUM OF AGREEMENT (hereinafter the “MOA”) is entered into this

day of , , by and between the Department of the Army (hereinafter the “Government”), represented by the District Commander for the Jacksonville District (hereinafter the “District Commander”), and the Manatee County Port Authority (hereinafter the “Non-Federal Interest”), represented by the Chairwoman.


WITNESSETH, THAT:


WHEREAS, the Manatee Harbor, Florida Navigation Project (hereinafter the “Project”) was authorized for construction by Section 202(a) of the Water Resources Development Act of 1986, Public Law 99-662, as modified by Section 102(j) of the Water Resources Development Act of 1990, Public Law 101-640 and Section 156 of the Energy and Water Development Appropriations Act, 2004, Public Law 108-137, as amended by Section 126 of the Consolidated Appropriations Act of 2008, Public Law 110-161;


WHEREAS, the Non-Federal Interest requests dredging of the interior basin and Berthing Areas 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 to a depth of 40 feet mean lower low water with allowable overdepth of 2 feet and placement of the dredged material in the Project’s approved uplands Dredged Material Management Area (hereinafter the “Additional Dredging”) and agrees to pay all costs of such dredging;


WHEREAS, the Non-Federal Interest requests the Government to apply the amount of approximately $108,586 that remains in escrow to the cost of the Additional Dredging; and


WHEREAS, the Government is authorized pursuant to 33 U.S.C. 701h to carry out the Additional Dredging in connection with dredging of the Project.


NOW, THEREFORE, the Government and the Non-Federal Interest agree as follows:


  1. The Non-Federal Interest shall provide to the Government funds to pay all costs, including the costs of environmental compliance, supervision and administration, and engineering and design, associated with the Additional Dredging to be carried out in connection with dredging of the Project. While the Government will endeavor to limit the additional costs associated with the Additional Dredging to the current estimate of $530,000, the Non-Federal Interest acknowledges that the actual costs for the Additional Dredging may exceed such estimated amount due to

    claims or other unforeseen circumstances and that the Non-Federal Interest is responsible for all costs, including any claims, related to the Additional Dredging.


  2. Within thirty (30) calendar days of execution of this MOA, the Non-Federal Interest shall provide to the Government $421,414. If at any time the Government determines that additional funds are needed, the Government shall notify the Non-Federal Interest in writing of the amount, and, no later than thirty (30) calendar days from receipt of such notice, the Non-Federal Interest shall provide to the Government the full amount of the additional funds.


  3. The Non-Federal Interest shall provide the funds to the Government by delivering a check payable to “FAO, USAED, Jacksonville (K3)” to the District Commander or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government.


  4. The Government shall not commence the Additional Dredging until: a) all applicable environmental laws and regulations have been complied with, including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347) and Section 401 of the Clean Water Act (33 U.S.C. 1341); and b) the Non-Federal Interest has provided to the Government authorization for entry to all lands, easements, and rights-of-way the Government determines to be required for the Additional Dredging.


  5. The Government shall provide the Non-Federal Interest with quarterly reports of obligations for the Additional Dredging. The first such report shall be provided within thirty (30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of the funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Additional Dredging.


  6. Upon completion of the Additional Dredging and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the Non-Federal Interest with written notice of the results of such final accounting. Such final accounting shall in no way limit the Non-Federal Interest’s responsibility to pay for all costs associated with the Additional Dredging, including contract claims or any other liability that may become known after the final accounting. If such costs are more than the amount of funds provided by the Non-Federal Interest, the Non-Federal Interest shall provide the required additional funds within sixty (60) calendar days of such written notice by delivering a check payable to “FAO, USAED, Jacksonville (K3)” to the District Commander or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. If such costs are less than the amount of funds provided by the Non-Federal Interest, the Government shall refund the excess to the Non-Federal Interest within sixty (60) calendar days of such written notice, subject to the availability of funds.


  7. Before either party to this MOA may bring suit in any court concerning an issue relating to this MOA, such party must first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to the parties.

  8. In the exercise of their respective rights and obligations under this MOA, the Government and the Non-Federal Interest each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other.


  9. Any notice, request, demand, or other communication required or permitted to be given under this MOA shall be deemed to have been duly given if in writing and either delivered personally or mailed by registered or certified mail, with return receipt, as follows:

    If to the Non-Federal Interest: Executive Director

    Manatee County Port Authority 300 Tampa Bay Way, Suite 1

    Palmetto, Florida 34221-6608 If to the Government:

    District Commander

    U.S. Army Corps of Engineers

    P.O. Box 4970

    Jacksonville, Florida 32232-0019


    A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph.


  10. This MOA may be modified or amended only by written, mutual agreement of the parties. Either party may unilaterally terminate further performance under this MOA by providing at least 15 calendar dates written notice to the other party. In the event of termination, the Non- Federal Interest remains responsible for any and all costs incurred by the Government under this MOA and for any and all costs of closing out or transferring any ongoing contracts.


IN WITNESS WHEREOF, the parties have executed this MOA, which shall become effective upon the date it is signed by the District Commander.


THE DEPARTMENT OF THE ARMY MANATEE COUNTY PORT AUTHORITY


BY: BY:

Andrew D. Kelly Vanessa Baugh

Colonel, U.S. Army Chairwoman

District Commander


DATE: DATE: