A meeting of the Manatee County Port Authority will be held during a Board of County Commissioner’s meeting Tuesday, January 27, 2026, at 9:00 a.m., 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.


Any person requiring special accommodation at this meeting because of a disability or physical impairment should contact Pam Wingo 48 hours in advance of the meeting by telephone

(941) 721-2395 or by email at pwingo@seaportmanatee.com


MANATEE COUNTY PORT AUTHORITY AGENDA

January 27, 2026

9:00 a.m.


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


  1. CALL TO ORDER


  2. Public Comments – (all agenda and non-agenda items)


  3. Consent Agenda

    Requests by Port Authority (items to be pulled from Consent Agenda)


  4. Executive Director Comments

  5. Commissioner Comments


  6. Adjourn


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.

Mike Rahn, Chairman; Carol Ann Felts, 1st Vice Chairman; Jason Bearden, 2nd Vice-Chairman; George Kruse, 3rd Vice Chairman;

Amanda Ballard, Member; Dr. Bob McCann, Member; Tal Saddique, Member

January 27, 2026


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes – December 18, 2025


    3. Budget Resolution


    4. First Amendment to the Operating and Maintenance Agreement - Port Manatee Railroad, LLC Agreement


    5. World Direct Shipping Rail Lease Amendment One


    6. Florida Division of Emergency Management Mitigation - Generators


    7. 2025 Port Security Grant Program


RECOMMENDATION:


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

Manatee County Port Authority Warrant (Check) Listing

12/10/2025 to 01/15/2026


AP

XXXXXXX

B500227

A.J. ARANGO INC.

600.00

AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

712.50

AP

XXXXXXX

V016081

AECOM TECHNICAL SERVICES INC

5,500.00

AP

XXXXXXX

V030466

AFFORDABLE LOCK AND SECURITY S

339.45

AP

XXXXXXX

V026116

ALL FOR LIFE

100.00

AP

XXXXXXX

V026116

ALL FOR LIFE

50.00

AP

XXXXXXX

V018533

ALL STEEL BUILDINGS

9,650.00

AP

XXXXXXX

V013341

ALLIANCE PRINT SERVICES

158.00

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

3,066.01

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

2,310.78

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

39.98

AP

XXXXXXX

V029295

AMAZON CAPITAL SERVICES INC

10,879.09

AP

XXXXXXX

V023321

AMERICAN EXPRESS TRAVEL RELATE

33.26

AP

XXXXXXX

V113719

APEX OFFICE PRODUCTS INC

327.72

AP

XXXXXXX

V114045

ARBON EQUIPMENT CORP

176.23

AP

XXXXXXX

V118009

AT AND T

81.04

AP

XXXXXXX

V118009

AT AND T

81.04

AP

XXXXXXX

V013140

AT AND T MOBILITY

111.06

AP

XXXXXXX

V013140

AT AND T MOBILITY

111.52

AP

XXXXXXX

V119015

AUTO TRIM DESIGN OF SUNCOAST I

106.35

WT XXXXXXX

V019189

BANK OF AMERICA

5,161.41

WT XXXXXXX

V019189

BANK OF AMERICA

25,771.09

AP

XXXXXXX

V002730

BANK OF AMERICA

964.53

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

42,391.75

AP

XXXXXXX

V627878

BOYS AND GIRLS CLUB MANATEE CO

555.00

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

1,680.00

AP

XXXXXXX

V009839

BRYANT MILLER AND OLIVE PA

7,834.88

AP

XXXXXXX

P000029

CARRILLO-GUERRA, JDOLORES

130.00

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

130.00

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

190.00

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

605.00

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

1,129.96

AP

XXXXXXX

V029174

CHARTER COMMUNICATIONS

130.00

AP

XXXXXXX

P000469

CLEMENS, CODY

130.00

AP

XXXXXXX

P000388

CONRAD, CURTIS S

130.00

AP

XXXXXXX

V035253

CSC OUTDOORS LLC

1,298.00

AP

XXXXXXX

V200106

CSX TRANSPORTATION

32,000.00

AP

XXXXXXX

P000471

CUEVAS, ERICK

130.00

AP

XXXXXXX

V006291

DEX IMAGING INC

646.96

AP

XXXXXXX

V025612

DYNAFIRE INC

240.00

ZP

XXXXXXX

L333009

FLEET PRODUCTS

3,234.54

ZP

XXXXXXX

L333009

FLEET PRODUCTS

2,254.87

WT XXXXXXX

V334298

FLORIDA MUNICIPAL INSURANCE TR

252,778.00

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

29.07

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

32,014.53

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

34,399.80

Manatee County Port Authority Warrant (Check) Listing

12/10/2025 to 01/15/2026


AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

6,314.14

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,540.79

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

184.70

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

374.47

AP

XXXXXXX

V020807

GENUINE AUTOMOTIVE

95.05

AP

XXXXXXX

V385628

GRAINGER INC, W W

7,664.87

AP

XXXXXXX

V385628

GRAINGER INC, W W

223.51

AP

XXXXXXX

V387610

GRAVELY OF BRADENTON

31,042.00

AP

XXXXXXX

V007986

GREATER TAMPA BAY MARINE ADVIS

833.33

AP

XXXXXXX

V007986

GREATER TAMPA BAY MARINE ADVIS

4,166.66

AP

XXXXXXX

V025133

GS SARASOTA LLC

10,000.00

AP

XXXXXXX

P000401

GUADALUPE, GABRIEL

130.00

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

900.44

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

479.96

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

2,313.09

AP

XXXXXXX

V464010

HOWCO ENVIRONMENTAL SERVICES

175.00

AP

XXXXXXX

P000094

ISIMINGER, GEORGE

1,693.78

AP

XXXXXXX

V493800

JOHNSON PRINTING

164.65

AP

XXXXXXX

V493800

JOHNSON PRINTING

50.25

AP

XXXXXXX

V032941

JOHNSTONE SUPPLY

792.82

AP

XXXXXXX

V032941

JOHNSTONE SUPPLY

49,440.00

AP

XXXXXXX

V032941

JOHNSTONE SUPPLY

2,711.68

AP

XXXXXXX

V032941

JOHNSTONE SUPPLY

12,410.40

AP

XXXXXXX

P000368

KNAPEK, JOSHUA

130.00

AP

XXXXXXX

V017574

KONECRANES INC

6,798.23

AP

XXXXXXX

V017574

KONECRANES INC

4,633.92

AP

XXXXXXX

P000390

LAKIN, JORDAN R

130.00

AP

XXXXXXX

P000414

LAYTON, TROY R

116.00

AP

XXXXXXX

V573929

LIFESAVING SYSTEMS CORP

2,637.40

AP

XXXXXXX

P000474

LLAMOS, EMMANUEL

130.00

AP

XXXXXXX

V035271

LOGISTEC TERMINALS INC

10,660.90

AP

XXXXXXX

V013723

LOGISTEC USA INC

80,000.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

3,360.00

AP

XXXXXXX

V022184

LOUIS PRYOR SUPPLY INC

1,041.82

AP

XXXXXXX

V022184

LOUIS PRYOR SUPPLY INC

374.49

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

179.55

AP

XXXXXXX

V029107

LRL INDUSTRIES LLC

4,215.00

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

211.29

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

211.29

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

1,483.62

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

428.95

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

30.00

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

810.00

AP

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

1,735.72

AP

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

7,254.98

AP

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

8,648.31

Manatee County Port Authority Warrant (Check) Listing

12/10/2025 to 01/15/2026


AP

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

155.34

AP

XXXXXXX

V000259

MANATEE SPORTS UNLIMITED

203.04

AP

XXXXXXX

V000259

MANATEE SPORTS UNLIMITED

216.03

AP

XXXXXXX

P000402

MANNING, CHRISTINA C

63.29

AP

XXXXXXX

V005619

MARTINEZ AND COMPANY INC

7,531.49

AP

XXXXXXX

V005619

MARTINEZ AND COMPANY INC

11,300.92

AP

XXXXXXX

V005619

MARTINEZ AND COMPANY INC

3,351.94

AP

XXXXXXX

V005619

MARTINEZ AND COMPANY INC

6,289.92

AP

XXXXXXX

V035024

MILLER BROS GIANT TIRE SERVICE

880.10

AP

XXXXXXX

V035024

MILLER BROS GIANT TIRE SERVICE

487.84

AP

XXXXXXX

P000261

MORRIS, TONI

63.29

AP

XXXXXXX

V696409

NORTH RIVER FIRE DIST

1,056.14

AP

XXXXXXX

V696409

NORTH RIVER FIRE DIST

100.00

AP

XXXXXXX

V025892

OCEANSIDE PROMOTIONS

788.75

AP

XXXXXXX

V706114

ONECO ASPHALT AND CONCRETE

15,599.01

AP

XXXXXXX

V028053

ORKIN LLC

1,566.73

AP

XXXXXXX

V028053

ORKIN LLC

1,454.73

AP

XXXXXXX

V014691

PALMDALE OIL COMPANY INC

1,007.43

AP

XXXXXXX

V014691

PALMDALE OIL COMPANY INC

2,912.26

AP

XXXXXXX

V014691

PALMDALE OIL COMPANY INC

4,639.64

AP

XXXXXXX

V026028

PARATEC DOOR SOLUTIONS INC

260.00

AP

XXXXXXX

P000228

PENA, JUAN

130.00

AP

XXXXXXX

V013111

PITTSBURGH PIRATES

15,000.00

AP

XXXXXXX

V022437

PREFERRED GOVERNMENTAL INSURAN

28,223.75

AP

XXXXXXX

V000091

PRIDE INTERPRISES

1,865.00

AP

XXXXXXX

V000091

PRIDE INTERPRISES

1,027.12

AP

XXXXXXX

V003108

PROCESSED COMPRESSORS

4,900.00

AP

XXXXXXX

V748180

PUBLIX SUPER MARKET

616.38

AP

XXXXXXX

V020765

R S AND H INC

57,375.97

AP

XXXXXXX

V020765

R S AND H INC

6,169.90

AP

XXXXXXX

V027409

RAMBA LAW GROUP LLC

7,575.65

AP

XXXXXXX

P000389

RAMSEY, JACOB T

130.00

AP

XXXXXXX

V022324

REALTOR ASSOCIATION OF SARASOT

3,041.23

AP

XXXXXXX

V034117

SALUS HOLDINGS LLC

398.93

AP

XXXXXXX

P000391

SANTANA, JESUS PEREZ

130.00

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

39,254.89

AP

XXXXXXX

V029241

SPEEDPRO IMAGING AFFINITY SOLU

1,680.00

AP

XXXXXXX

V029241

SPEEDPRO IMAGING AFFINITY SOLU

452.00

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

74,464.30

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

13,733.40

AP

XXXXXXX

V018137

STANTEC CONSULTING SERVICES IN

8,357.47

WT XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

1,140.20

AP

XXXXXXX

V875019

STATE OF FLORIDA

722.88

AP

XXXXXXX

V028838

STEELSMITH, LLC

600.00

AP

XXXXXXX

V014333

TELL COMMUNICATIONS INC

2,852.00

AP

XXXXXXX

V906395

TERRY SUPPLY COMPANY

811.03

Manatee County Port Authority Warrant (Check) Listing

12/10/2025 to 01/15/2026


AP

XXXXXXX

V029987

TETRA TECH INC

17,332.50


AP

XXXXXXX

V029987

TETRA TECH INC

38,615.25


AP

XXXXXXX

V028498

TEXAS BOOM COMPANY

5,317.68


AP

XXXXXXX

V028145

THE MCCLATCHY COMPANY LLC

1,158.19


AP

XXXXXXX

P000395

THOMPSON, LESLIE W

90.94


AP

XXXXXXX

V031555

TIDALIS AMERICAS LTD

9,184.17


AP

XXXXXXX

V031555

TIDALIS AMERICAS LTD

3,550.00


AP

XXXXXXX

V004240

UNIFIRST CORPORATION

620.90


AP

XXXXXXX

V004240

UNIFIRST CORPORATION

1,241.80


AP

XXXXXXX

V004240

UNIFIRST CORPORATION

1,547.48


AP

XXXXXXX

V006904

UNITED REFRIGERATION INC

310.90


AP

XXXXXXX

V003712

UNITED RENTALS NORTH AMERICA I

525.74


AP

XXXXXXX

V003712

UNITED RENTALS NORTH AMERICA I

1,314.35


AP

XXXXXXX

V009667

VERIZON WIRELESS

708.36


AP

XXXXXXX

V009667

VERIZON WIRELESS

37.45


AP

XXXXXXX

V009667

VERIZON WIRELESS

316.44


AP

XXXXXXX

V009667

VERIZON WIRELESS

149.80


AP

XXXXXXX

V033852

W J SAPP AND SON INC

96,000.00


AP

XXXXXXX

P000241

WARE, MYLAKA

63.29


AP

XXXXXXX

V014316

WASTE PRO OF FLORIDA INC

25.00


AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

640.99


AP

XXXXXXX

V021915

WEBTIVITY MARKETING AND DESIGN

225.00


AP

XXXXXXX

V023445

WEST MARINE PRO

8,691.48





Total warrants (checks) for period reported

1,268,564.18


MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida December 18, 2025

https://www.youtube.com/channel/UC4KFtzaC9Z87D5mn_SKKtBA

Present were:

Mike Rahn, Chairman

Dr. Bob McCann, First Vice-Chairman Amanda Ballard, Second Vice-Chairman Tal Siddique, Third Vice-Chairman Carol Ann Felts

George W. Kruse


Absent was:

Jason Bearden

Also present were:

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

Denise Hege, Accounting, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

  1. CALL TO ORDER

    Chairman Rahn called the meeting to order at 10:00 a.m.

  2. INVOCATION

    Chaplain Jeff Holton, Anchor House, delivered the invocation.


  3. PLEDGE OF ALLEGIANCE

    Commissioner Siddique led the Pledge of Allegiance.

    AGENDA PA20251218DOC001

  4. AUDIENCE INTRODUCTIONS

    Members of the audience introduced themselves.

  5. PUBLIC COMMENTS (All Agenda and Non-Agenda items)

    Glen Gibellina stated Florida Power and Light received approval from the Florida Public Service Commission for a cumulative $7 billion rate increase over four years. As an ongoing advocate for solar at Port Manatee, he encouraged the Authority to reconsider solar to offset costs. The Port acquired three, separate properties (totaling 273 acres); none of which had a non-refundable deposit (unlike the $500,000 refundable deposit related to termination of Agreement with Fortress 2020 Landco LLC, 1/28/25). He urged the Authority to be consistent on real estate deals. He strongly opposed an Independent Special District for Port Manatee.


    There being no further public comments, Chairman Rahn closed public comments.

    DECEMBER 18, 2025 (Continued)

  6. PRESENTATION – HONEYWELL

    Charlie Wall, Honeywell Plant Director, utilized a slide presentation regarding Honeywell’s Port Manatee Facility manufacturing liquified natural gas used for power generation and industrial applications, the facility currently has over 410 employees, 200 of which are highly-skilled welders, Honeywell customers, and Honeywell’s exchanger product and operation.


    Discussion ensued regarding appreciation to Mr. Wall for his presentation and Honeywell’s facility at Port Manatee, Qatar is the country known for its vast natural gas reserves, the United States is becoming a producer of natural gas, how many exchanges are built simultaneously, the demand for exchangers is increasing which will increase Honeywell’s facility operations and employee workforce, many employees are from surrounding counties, the exchangers are not pre-loaded with natural gas, Mr. Wall briefly summarized the process to construct an exchanger, this is an American-made product constructed at Port Manatee, and Honeywell’s great relationship with Port Manatee.

    PA20251218DOC002

    ITEMS PULLED FROM CONSENT AGENDA

    No Consent Agenda items were pulled.

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

  7. CONSENT AGENDA PA20251218DOC003

    1. WARRANT LIST

      Accepted Warrant Listing from November 10, 2025, to December 9, 2025

      PA20251218DOC004

    2. MINUTES

      Approved the Minutes of November 18, 2025

    3. BUDGET AMENDMENT

      Adopted Budget Resolution PA-26-06, reflecting a decrease of $187,435 of Port cash and $43,425 of Port Capital Improvement expenses to close out completed Berth 4-14 Harbor Dredge project, and $11,953,492 from U.S. DOT INFRA Grant for Intermodal Container Yard Phase 3, which will expand the container yard an additional 16.56 acres, install electrical systems for mobile harbor cranes, construct an access road, and construct approximately three foundations and utilities for future radiation portal monitors PA20251218DOC005

    4. TARIFF NO. 3 ADDITIONS, CHANGES AND/OR INCREASES

      Approved Port Manatee Tariff No. 3 additions, changes, and/or increases, effective January 1, 2026, (The majority of Tariff items reflect a five percent increase as annotated in attached tariff pages) PA20251218DOC006

    5. 2026 PORT AUTHORITY OFFICERS

      Approved, ratified and confirmed the election of Mike Rahn as Chairman, Carol Ann Felts as First Vice-Chairman, Jason Bearden as Second Vice-Chairman, and George Kruse as Third Vice-Chairman of the Port Authority, effective 12:01 a.m., January 1, 2026, to serve for calendar year 2026, or until their successors are duly elected

      PA20251218DOC007

    6. AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT – HOPPER AT BERTH 6

      DECEMBER 18, 2025 (Continued)

      Adopted Resolution PA-26-05, authorizing the Chairman to execute the Public Transportation Amendment to Public Transportation Grant Agreement (Contract G2278), with Florida Department of Transportation (FDOT), for a one-year extension to April 30, 2027, of the Hopper project due to current project timeline (There is no change in FDOT funding, nor Port match requirement) PA20251218DOC008

    7. BERTH 10 BOLLARDS – REPLACEMENT CONTRACT AWARD

      • Approved and authorized Chairman to execute contract between Manatee County Port Authority and Tampa Bay Marine, Inc., for Berth 10 Bollards Replacement project, in the amount of $489,915.50, plus a contingency of

        $32,626, subject to receipt of all required bonds and insurance, and FDOT approval; and

      • Approved and authorized Chairman to execute First Amendment between Manatee County Port Authority and Tampa Bay Marine, Inc., with applicable Florida Statutes, for Berth 10 Bollards Replacement project (FDOT funding

        $391,906.12; Port funding $130,635.38) PA20251218DOC009

    8. BERTH 10 BOLLARDS – REPLACEMENT PROFESSIONAL SERVICES

      Approved and authorized the Chairman to execute PSA 26-01 between the Manatee County Port Authority and Ardaman & Associates, Inc., in the amount of $14,610, for construction material testing during bollard installation, pending FDOT approval (FDOT funding $10,957.50; Port funding $3,652.50) PA20251218DOC010

      (End Consent Agenda)

  8. EXECUTIVE DIRECTOR COMMENTS

    Carlos Buqueras, Executive Director, stated Seaport Manatee continues to experience phenomenal growth. He utilized a slide presentation highlighting Port Activities:

  9. AUTHORITY MEMBER COMMENTS

Member Siddique thanked Mr. Buqueras and his staff for exemplary service.


Member McCann stated Port Manatee needs to remain its own entity and not become an Independent Special District.


Member Kruse thanked Mr. Buqueras and his staff for excellent service.

DECEMBER 18, 2025 (Continued)

Chairman Rahn commended Mr. Buqueras and his outstanding staff, and thanked the Authority for their vote of confidence on electing him as Port Authority Chairman for a second year.

There were no further Member comments.

ADJOURN

There being no further business, Chairman Rahn adjourned the meeting at 10:41 a.m. Minutes Approved:                     

January 27, 2026


CONSENT

AGENDA ITEM 3.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets the following:



ATTACHMENT:


Budget Resolution PA-26-07


COST AND FUNDING SOURCE:


Budgets $359,250 PSGP 2025 grant funding and $488,720 Port cash.


CONSEQUENCES IF DEFERRED:


Delay in budget allocations.


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to adopt Budget Resolution PA-26-07.

RESOLUTION PA-26-07 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2025-2026


WHEREAS, Sections 129.06 and 180.016, Florida Statutes, 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 2025-2026 budget is hereby amended in accordance with Section 129.06 and 180.016, 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

BAAL012726A

BU26000268

2

BAAL012726A/B

BU26000269

3

BAAL012726A

BU26000273


ADOPTED with a quorum present and voting this on the 27th day of January 2026.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


By:                                   

BUDGET AMENDMENT RESOLUTION NO. PA-26-07 AGENDA DATE: January 27, 2026


  1. Fund: Port Cash Section: Engineering

    Description: Budgets $288,970 for installing ten new chiller doors in warehouse 6.


    Batch ID: BAAL012726A Reference: BU26000268


  2. Fund: 2025 PSGP – 75%

    Fund: Port Cash – 25%


    Section: Cyber Information System – Sustainment Cyber Off Site Backup

    Mass Notification Alarm System

    Cyber Management Training and Travel


    Description: Budgets $359,250 in 2025 Port Security Grant Program (PSGP) funding and $119,750 Port cash.


    Batch ID: BAAL012726A/B Reference: BU26000269


  3. Fund: Port Capital Improvement Section: Pallet Rack System

Description: $80,000 is budgeted for additional funding for the replacement of the fire sprinklers in warehouse 8.

Batch ID: BAAL012726A Reference: BU26000273

January 27, 2026


CONSENT

AGENDA ITEM 3.D.: FIRST AMENDMENT TO THE OPERATING AND

MAINTENANCE AGREEMENT – PORT MANATEE RAILROAD, LLC


BACKGROUND:


On October 21, 2021, the Authority entered into an Operating and Maintenance Agreement with Port Manatee Railroad, LLC (PMRR) for the operation and maintenance of the Port’s seven miles of railroad track. An additional 893 feet of track have since been constructed, which PMRR will also operate and maintain. The amendment further specifies that revenue generated from intermodal traffic associated with the new track is excluded from the gross revenue subject to percentage payments to the Port.

ATTACHMENT:

First Amendment to the Operating and Maintenance Agreement Between the Authority and Port Manatee Railroad, LLC

COST AND FUNDING SOURCE:

N/A


CONSEQUENCES IF DEFERRED:


Delay in approval of the first amendment for operation and maintenance of new railroad track


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute the First Amendment to the Operating and Maintenance Agreement Between the Authority and Port Manatee Railroad, LLC.

FIRST AMENDMENT TO THE OPERATING AND MAINTENANCE AGREEMENT BETWEEN THE AUTHORITY AND PORT MANATEE RAILROAD, LLC


This First Amendment to the Operating and Maintenance Agreement Between the Authority and Port Manatee Railroad, LLC (“First Amendment”) made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at SeaPort Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 (“Authority”) and Port Manatee Railroad, LLC a foreign limited liability company, who is authorized to transact business in the State of Florida, with its principle place of business located at 505 South Broad Street, Kennett Square, PA 19348, (“Rail Operator”) (collectively, the “Parties”).


RECITALS


WHEREAS, the Authority and Lessee, entered into a certain Operating and Maintenance Agreement Between the Authority and Port Manatee Railroad, LLC on October 21, 2021 (“Agreement”), and


WHEREAS, the Parties have added approximately 893 feet of new railroad track to the previous Rail Facilities and wish to incorporate the railroad new track, as depicted in more detail in Exhibit A of this First Amendment, into the Agreement to be included in Rail Operator’s responsibilities in the Agreement, and


WHEREAS, the Parties agree that the revenue from the new track is exempt from the operating fee for twenty percent (20%) of all railroad gross revenue, including revenue from any assessorial charges and railcar storage fees that shall be paid to the Authority once the Rail Operator’s annual railroad gross revenues exceeds $550,000 each year, as described in Exhibit B of the Agreement, and


WHEREAS, the Parties desire to acknowledge that the newly constructed track meets or exceeds American Railway Engineering and Maintenance of Way Association (AREMA) Standards and Regional Rails expectations, and


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


  1. RECITALS. The above recitals are true and correct and agreed to by the Authority and Lessee as if such recitals were fully set forth in this First Amendment.


  2. AMENDMENT TO AGREEMENT EXHIBIT A. The Parties agree to amend, modify, and supersede Exhibit “A” (Description of Rail Facilities (Map)) of the Agreement with the attached Exhibit A to this First Amendment.


  3. AMENDMENT TO AGREEMENT EXHIBIT B. The Parties agree to amend, modify, and supersede Exhibit “B” (Operating Fees) of the Lease with the attached Exhibit B to this First Amendment.

    Except to the extent herein amended, all other provisions set forth in the Lease Agreement shall remain in full force and effect and be binding upon the Authority and Lessee. The Parties agree that all capitalized terms used in this First Amendment that are not otherwise defined, shall have the meaning defined in the Lease Agreement. In entering into this First Amendment, the Parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against the Lessee.


  4. CONFLICT. In the event of a conflict between the Lease Agreement and this First Amendment, the provisions set forth in this First Amendment shall prevail.


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


  6. COUNTERPARTS; SIGNATURES. This First Amendment may be executed in counterparts, each of which constitutes an original and all of which together will constitute one and the same instrument. This First Amendment may be executed by electronic signature technology and such electronic signature shall act as the Parties legal signatures on this Lease and shall be treated in all respects as an original handwritten signature.


  7. EFFECTIVE DATE. This First Amendment will become effective December 1, 2025.


The remainder of this page is intentionally left blank.

Docusign Envelope ID: E9181093-8DC1-4FDC-8675-DA8BA8168832


IN WITNESS WHEREOF, the Parties have caused this Lease to be duly executed this 27th day of January, 2026.


ATTEST: ANGELINA "ANGEL" COLONNESO

Clerk of the Circuit Court

MANATEE COUNTY PORT AUTHORITY


By:                                           By:


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Mark Meyer

Printed Name

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Karen Kuivinen

Chairman

PORT AUTHORITY PORT MANATEE RAILROAD, LLC


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Title: President & CEO


Printed Name LESSEE

EXHIBIT “A”

Description of Rail Facilities (Map) New Track

Exhibit B Operating Fees


The Rail Operator shall pay certain operating fees as described below (“Operating Fees”) for the use of the Rail Facilities. It is expressly understood that the Operating Fees shall be paid by the Rail Operator to the Authority without off-set for any charges incurred by Rail Operator in the provision of rail freight service and maintenance. Such charges include, but are not limited to, car hire fees incurred by the Rail Operator, interchange fees and payments to CSX for crossing signal inspection and repair covered under the agreements listed in Section 10 of this Agreement.

Beginning on the Effective Date of this Agreement, the Rail Operator shall pay to the Authority as part of the Operating Fees the following amounts:


All Operating Fees and base revenue amounts will escalate annually based upon the year over year percentage change in the Rail Cost Adjustment Factor-Unadjusted (RCAF-U), as published by the Association of American Railroads (AAR).

January 27, 2026


CONSENT

AGENDA ITEM 3.E.: WORLD DIRECT SHIPPING RAIL LEASE FIRST AMENDMENT


BACKGROUND:


On October 17, 2024, the Authority approved a lease agreement with World Direct Shipping LLC (WDS) to establish intermodal rail terminal operations at SeaPort Manatee. WDS has since requested modifications to the lease, including an extension of the term from 2.5 years to four years, adjustments to the demised premises to reflect changes in the configuration of the five-acre site, and revisions to lessee improvements to incorporate additional enhancements. In consideration of contributions exceeding $757,500, the Authority will reimburse WDS through rent credits of an equivalent amount, applied over a period of 50.5 months.


ATTACHMENT:


First Amendment to SeaPort Manatee and World Direct Shipping, LLC Lease


COST AND FUNDING SOURCE:


N/A


CONSEQUENCES IF DEFERRED:


Delay in approval of the first amendment for intermodal rail terminal services


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:

Move to approve and authorize the Chairman to execute the First Amendment to SeaPort Manatee and World Direct Shipping, LLC Lease between World Direct Shipping LLC and Manatee County Port Authority, contingent upon the approval of the First Amendment to Port Manatee Railroad, LLC Agreement.

FIRST AMENDMENT TO

SEAPORT MANATEE AND WORLD DIRECT SHIPPING, LLC LEASE


This SeaPort Manatee and World Direct Shipping, LLC Lease Agreement ("First Amendment") made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at SeaPort Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 ("Authority") and World Direct Shipping, LLC, a limited liability company duly organized and existing under the laws of the State of Florida, with a place of business located at 1905 lntermodal Circle, Palmetto, FL 34221 ("Lessee") (collectively, the "Parties").


RECITALS


WHEREAS, the Authority and Lessee, entered into a certain Lease on October 17, 2024 ("Lease Agreement"), and


WHEREAS, the Parties have completed engineered designs of the desired railroad improvements to be constructed adjacent to the Demised Premises, and the footprint of the planned operations pad within the Demised Premises has shifted westward, and


WHEREAS, the Parties desire to formally update the boundaries of the Demised Premises to reflect the final footprint of the intended operations area, and


WHEREAS, the Lessee has assumed responsibility for improvement costs not considered by the Lessee in the Lease Agreement, and the Authority desires to reimburse the Lessee for these certain improvements in the form of rent reductions, and

WHEREAS, the Lessee desires to extend the initial term of the Lease Agreement for the 5-acre Parcel from two and one half (2.5) years to fifty and one half (50.5) months, and


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


  1. RECITALS. The above recitals are true and correct and agreed to by the Authority and Lessee as if such recitals were fully set forth in this First Amendment.


  2. SCOPE. This First Amendment is being entered into for the purpose of amending, modifying, and superseding paragraphs 2 (Demised Premises), 4 (Term), 5 (Rent), 6 (Lessee Improvements), and 7 (Authority Funded Rail Improvements), and Exhibit "A" (Demised Premises).


    Except to the extent herein amended, all other provisions set forth in the Lease Agreement shall remain in full force and effect and be binding upon the Authority and Lessee. The Parties agree that all capitalized terms used in this First Amendment that are not otherwise defined, shall have the meaning defined in the Lease Agreement. In entering into this First Amendment, the Parties acknowledge that in no way has the Authority waived any of its rights or claims it may have

    against the Lessee.


  3. AMENDMENT TO LEASE AGREEMENT. The Parties agree to amend, modify, and supersede the text and Exhibits referenced in paragraphs 2, 4, 5, 6, and 7 of the Lease Agreement to read as follows:


    2. DEMISED PREMISES. The Authority does demise, let and rent unto Lessee and Lessee shall hire and take as tenant approximately 5 acres of real property located in Manatee County, Florida identified as a portion of SeaPort Manatee, the legal description and sketch of which is attached and made a part of this Lease as Exhibit "A" (the "Demised Premises"), to have and to hold the same for the terms set forth below. The Parties desire Rail Improvements (as defined below) be constructed adjacent to the Demised Premises. Access to the Demised Premises for all truck and cargo activities will be from the south side 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 interfere with, interrupt, or impact the use or operation of any other tenant, user, or customer at SeaPort Manatee. The Demised Premises are leased and accepted by Lessee in its current "As Is-Where Is" condition with the Authority making no warranties as to fitness and Lessee acknowledges that it has had adequate opportunity to inspect and test the Demised Premises prior to entering into the Lease.


    1. TERM. The Effective Date of this Lease is December 1, 2025. The duration or term of this Lease commences on the Effective Date and terminates fifty and one half (50.5) months from the Effective Date ("Initial 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. The Parties may mutually agree in writing to extend the Lease Term for two (2) additional two-year periods (each an "Extended Term"). To extend the term, Lessee must notify the Authority in writing no later than 90 days prior to the expiration of the then existing term of this Lease and the Authority must consent to the extension.


    2. RENT. Commencing on the Effective Date, Lessee shall pay to the Authority rent for the Demised Premises, payable monthly in advance together with any applicable Florida sales taxes on rent payable at the same time.


      • Year 1: $3,000 per acre per month

      • Years 2+: the amount of the increase will be determined by multiplying the annual rent by the percentage of change and the most recently published U.S. Department of Labor All Urban Consumer Price Index ("CPI-U"), all items, not to exceed five percent (5%) in any 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, 2024, the adjustment for the annual rental

        due on June 1, 2025, will be calculated by using the index published for the most recent month available prior to June 1, 2025 and comparing it to the index published for the same month of the previous year subject to the 5% percent cap. The index to be used will be the most recently published U.S. Department of Labor, All Urban Consumer Price [ndex. Annual rent must never be less than $3,000 per acre per month and will only increase in accordance with the above formula.


        The first month's rent shall be paid and delivered to the Authority on the Effective Date. Any payment of rent received by the Authority after the close of business on the tenth calendar day of the month shall accrue interest at the rate of five percent (5%), commencing on the due date. If Lessee shall pay rent with a check or bank draft that is returned unpaid or uncollected, Lessee shall pay to the Authority, in addition to the total amount due, a processing fee for each returned check or bank draft in the amount provided in the then current SeaPort Manatee 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 Lease Term, the Authority may require, as a condition of Lessee's continued use and/or occupation of the Demised Premises, that all subsequent payments of rent be in the form of a cashier's check or money order.


        The Authority will credit $757,500 of Lessee's Rail Improvements through rent credits of $3,000 per acre per month or $15,000 per month for 50.5 months. The Lessee will be responsible for the sales tax.


    3. LESSEE IMPROVEMENTS. The Parties agreed to design and construction a rail spur and approximately 670 feet of loading track in Zone B of the SeaPort Manatee adjacent to and within the 40 feet of the western boundary of the Demised Premises as depicted in Exhibit A. Specifically, the Lessee has purchased the steel rail and switches and the Authority has grant Lessee limited access to the property adjacent to the Demised Premises to allow Lessee to completed site work, drainage modifications, clearing, and addressed stormwater runoff on that adjacent property (collectively the "Lessee's Rail [mprovements). The Lessee will also install the cargo pad on the Demised Premises as discussed below. All of Lessee's Improvements total more than $757,500. The Authority desires to own these improvements as Authority assets and therefore, the Parties agree that the Authority shall reimburse the Lessee for these certain improvements in the form of rent reductions of $3,000 per acre per month or $15,000 per month for 50.5 months not to exceed $757,500. Lessee will continue to use and maintain the cargo pad during the term of this Lease and the Authority shall take possession of the cargo pad for no additional compensation to the Lessee at the expiration or termination of this Lease. The Authority shall take possession of the Lessee's Rail Improvements for no additional compensation to the Lessee immediately upon completion of construction which is anticipated to be December 18, 2025.


      Lessee may also construct, install or locate upon the Demised Premises and operate any improvements consistent with the paragraph of this Lease entitled "Purpose." Lessee will construct an operation pad and may construct a 20-foot deep by 30 foot-wide paved access

      driveway at Lessee's sole cost as an improvement at the Demised Premises. These improvements are not included in the Rail Improvements (as defined below in the paragraph entitled Authority Funded Rail Improvements). The purpose of the paved access driveway is to promote sustainable access to the Demised Premises and limit spillover of operations pad aggregates, if any, onto Authority roadways. Lessee guarantees that the transportation of aggregates to the Demised Premises onto the Authority roadways will not cause any spillover of operations pad aggregate on to the Authority's roadways. Should any spillover occur, the Lessee will be responsible for immediate cleanup of the spillover of aggregates onto Authority roadways. If the Lessee fails to address any spillover on the Authority's roadway to the satisfaction of the Authority or Lessee has repeatedly failed to immediately cleanup the spillover after notice of the Authority, then Lessee agrees it will construct a paved access driveway, with dimensions of 20-foot deep by 30 foot-wide, within 30 days of written notice by the Authority. Failure to construct the paved access driveway within 30 days after the written request of the Authority is a material breach of this Lease and may result in the termination of this Lease by the Authority. Lessee shall submit to the Authority for approval the plans and specifications (including any Safety Data Sheet for proposed material used in construction of the improvement) for all improvements prior to commencing the construction, demolition, and installation of the improvements upon the Demised Premises. 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 SeaPort Manatee and do not conflict with any of the activities and facilities at SeaPort Manatee.


      Lessee must not commence the construction, demolition, or installation of any improvements without approval by the Authority and the Authority approval will not be arbitrarily or unreasonably withheld or delayed. Approvals will be deemed granted by the Authority if the Authority finds that such plans and specifications evidence an improvement or improvements consistent with the goals, Master Plan and objectives of SeaPort Manatee, do not conflict with any of the activities and facilities at SeaPort Manatee, and for which the County of Manatee, a 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. Lessee is solely responsible for compliance with Legal Requirements, including but not limited to the Florida Building Code, and making the improvements safe. Authority approval is limited as set forth above and does not represent Authority approval of the suitability of the construction methods or materials of the improvement or the suitability of the improvement related to the Lessee's purpose at the Demised Premises.


      Before Lessee commences use of the improvements located on the Demised Premises or the Rail Improvements (as defined below in the paragraph entitled Authority Funded Rail Improvements), Lessee shall furnish at least one complete PDF 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 connection with operations at SeaPort Manatee. For aggregate pad construction, when the Lessee provides the complete set of

      the as built or record drawings, the specifications for the completed improvements must include a precise map of the pad footprint, a survey or description of pad thickness, a description of the compaction method, and a certification by the installer(s) to the accuracy of the map, survey/description of thickness, and description of compaction method. Lessee shall furnish a digital CADD file (.dwg) of the final as built survey in standard state plane coordinates and georeferenced to the site for all improvements made on or around the Demised Premises for the records of the Authority in connection with operations at SeaPort Manatee.


      In all contracts for the construction of improvements at the Demised Premises, Lessee shall require in its construction contracts that the contractor indemnify and hold harmless the Authority Indemnitee (hereinafter defined), from any damages, liabilities, or claims that arise out of the construction contract or construction at the Demised Premises and include the Authority as a co-obligee on any bonds required by the construction 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 suppliers, material persons, laborers, or subcontractors performing services in connection with the improvements. The bonds shall be with a surety company which is qualified pursuant to the Authority standards for sureties on the Authority construction projects.

      Neither the Lessee nor anyone claim in, by, though, or under the Lessee including but not limited to contractors' subcontractors material men, mechanics and laborers, shall have any right to rile or place any construction, materialmen's or other liens of any kinds whatsoever upon the Authority's fee simple interest in the Demised Premises or any portion thereof; on the contrary, any such liens are specifically prohibited and shall be null and void and of no force or effect.


    4. AUTHORITY  FUNDED RAIL  IMPROVEMENTS. Lessee intends to use rail to transport its cargo from SeaPort Manatee. The Authority is interested in providing rail services adjacent to the Demised Premises for Lessee use. Specifically, the Authority has obtained necessary grant funding to procure sub ballast, ballast and wood railroad ties for the construction of approximately 670 feet of continuous rail track to allow the loading often connected rail cars with an overall length of 67 feet each. The constructed trackage will be connected to the Authority's existing rail system by a rail spur extending north to south. It is anticipated that the rail spur will have a bend that will curve from the north to the southwest. Lessee agrees that it will not construct or allow vertical structures or vehicle parking in excess of 15 minutes to be located within 12 feet of any rail tracks adjacent to the Demised Premises. The Authority has executed a rail system grant with the Florida Department of Transportation ("FOOT"), which requires a 50 percent match by the Authority ("Rail Grant"). The Authority will be financially responsible for purchasing sub ballast, ballast and wood railroad ties for constructing a new spur with 670 feet ofcontinuous track, which shall have a total capacity of ten (10) cars, or twenty

    (20) containers double stacked and that begins at the northwestern comer of the Demised

    Premises, runs adjacent to the Demised Premises and terminates before the roadway to the south of Warehouse 7 ("Authority's Rail Improvements"). The Authority has budgeted Rail Grant match funds for fiscal year 2024/2025, and the Authority will commit a maximum total of grant and matching funds in the amount of Three Hundred and Four Thousand Dollars ($384,000) for the procurement of sub ballast, ballast, and wood railroad ties. Collectively, the Authority's Rail Improvements and the Lessee's Rail Improvements shall be the "Rail Improvements".


  4. AMENDMENT TO LEASE AGREEMENT EXHIBIT A. The Parties agree to amend, modify, and supersede Exhibit A of the Lease Agreement with the attached Exhibit A to this First Amendment.


  5. CONFLICT. In the event of a conflict between the Lease Agreement and this First Amendment, the provisions set forth in this First Amendment shall prevail.

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


  7. COUNTERPARTS; SIGNATURES. This First Amendment may be executed in counterparts, each of which constitutes an original and all of which together will constitute one and the same instrument. This First Amendment may be executed by electronic signature technology and such electronic signature shall act as the Parties legal signatures on this Lease and shall be treated in all respects as an original handwritten signature.


  8. EFFECTIVE DATE. This First Amendment will become effective Dec�mber 1� 2025.

IN WITNESS WHEREOF, the Parties have caused this Lease to be duly executed this 18th day of December     , 2025.


ATTEST: ANGELINA "ANGEL" COLONNESO

Clerk of the Circuit Court

MANATEE COUNTY PORT AUTHORITY

By:                                           By:                     _ Chairman

PORT AUTHORITY


WITNESSES:

N/A



Printed Name


N/A


WORLD DIRECT SHIPPING, LLC


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Title: /!Jfltl/A QEl1..


Printed Name LESSEE

EXHIBIT "A" - DEMISED PREMISES,

Legend

--· -- Rail Spur

Warehouse 07

Warehouse 1O

WITH EXAMPLE RAIL SPUR AND AGGREGATE PAD



LEGAL DESCRIPTION


LANDS LYING AND BEING IN SEC 1 TWN 33S RNG l 7E DESC AS FOLLOWS: COM AT THE SECOR OF SEC 1 AND PROCEED NA DIST OF 1154.19 FT; TH WA DIST OF 1874.04 FT TO THE POB; TH CON'T W A DIST OF 342.21 FT; TH SE 6 DEG 17 MIN 22 SEC A DIST OF 107.51 FT; TH SW 2 DEG 24 MIN 53 SEC A DIST OF 86.54 FT; TH SW 10 DEG 57 MIN 15 SEC A DIST OF 96.67 FT; TH SW 19 DEG 34 MIN 23 SEC A DIST OF 96.5 FT; TH SW 29 DEG 50 MIN 23 SEC

A DIST OF 103.98 FT; TH SW 40 DEG 45 MIN 49 SEC A DIST OF 99.71 FT; TH SW 60 DEG 23 MIN 49 SEC A DIST OF 52.75 FT; TH SE 89 DEG 58 MIN 30 SEC A DIST OF 548.98 FT; TH SW 0 DEG O MIN 39 SEC A DIST OF 576.01 FT BACK TO THE POB. APRX 5.00 ACRES.

January 27, 206


CONSENT

AGENDA ITEM 3.F: FLORIDA DIVISION OF EMERGENCY MANAGEMENT MITIGATION - GENERATORS


BACKGROUND:


Following Hurricane Milton in October 2024, the Authority submitted a funding request to the Florida Division of Emergency Management (FDEM) Mitigation Program for the purchase of permanent and portable generators. The total project cost for six generators is $6,000,000, consisting of $4,500,000 in grant funding and a $1,500,000 Port match. As part of the application review process, FDEM requires the Chairman’s signature on the Authorizing Agent Approval, Sub-Recipient Management Cost Request Form, and Assurances – Construction Programs forms.


ATTACHMENT:


Authorizing Agent Approval Assurances – Construction Programs

Hazard Mitigation Grant Program Sub-Recipient Management Cost Request Form


COST AND FUNDING SOURCE:


If awarded, $4,500,000 FDEM and $1,500,000 port cash


CONSEQUENCES IF DEFERRED:


Grant application will not be forwarded to the review process


LEGAL COUNSEL REVIEW: Yes


RECOMMENDATION:


Move to approve and authorize the Chairman to execute the Authorizing Agent Approval form, the Hazard Mitigation Grant Program Sub-Recipient Management Cost Request Form, and the Assurances – Construction Programs form for submission to the grant review process.


Mitigation Bureau Hazard mitigation Grant Program

AUTHORIZING AGENT APPROVAL


PROJECT INFORMATION

For those entities applying for the Hazard Mitigation Grant Program (HMGP), assurance is needed to ensure that non-federal funds are, or will be, secured for the proposed action by the project start date. An Authorizing Agent’s signature is needed to provide this. An Authorizing Agent is the chief elected official of a local government who has signature authority, such as a Chairperson of the Board of County Commissioners for a County, the Mayor of a municipality, or an elected Board Member for a private non-profit. Any entity may delegate this authority to a subordinate official by resolution of the governing body. If this is the case, Proof of Authorization must be provided as a separate attachment in Section VI of the relevant HMGP application in DEMES. This form must be fully completed, signed, and submitted into DEMES for an application to be received by FDEM. Applicants will be prompted for this form in the final step of the DEMES HMGP application. Ensure that the information provided here matches the relevant DEMES application. For questions, please email DEM_HazardMitigationGrantProgram@em.myflorida.com.


APPLICANT (ENTITY):  Manatee County Port Authority                                                            COUNTY:  Manatee                                                                                                                FEMA DISASTER:  Milton                                                                                      PROJECT TITLE:  Backup Generators – Phase 1 and Phase 2                                              TOTAL PROJECT COST:  $6,000,000.00                                                                            FEDERAL SHARE:  $4,500,000.00                                                                            NON-FEDERAL SHARE:  $1,500,000.00                                                    


AUTHORIZING AGENT

FIRSTNAME:   Mike                                                                                                                              LAST NAME:   Rahn                                                                  

TITLE:  Manatee County Commissioner / Port Authority Chair                                                ADDRESS:  300 Tampa Bay Way, Suite 1                                                                          CITY:  Palmetto                                                                                                STATE:  Florida                                                                                                  ZIP CODE:  34221                                                                                                  PHONE:  941-745-3713                                                            

EMAIL:                           mike.rahn@mymanatee.org                                                  


The undersigned assures fulfillment of all requirements of the Hazard Mitigation Grant Program, as contained in the program guidelines, and affirms that all information contained in this application is true and correct to the best of my knowledge. The governing body of the applicant duly authorized the document, and hereby applies for the assistance documented in this application.


                                                                                                  Click or tap here to enter text.                AUTHORIZING AGENT SIGNATURE DATE


Proof of Authorization – Delegation of Authority attached in Section VI


ASSURANCES - CONSTRUCTION PROGRAMS

OMB Number: 4040-0009

Expiration Date: 06/30/2028

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.


PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.


NOTE:

Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the applicant:, I certify that the applicant:


  1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this application.

  2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,

    the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

  3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project.

  4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications.

  5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish

    progressive reports and such other information as may be required by the assistance awarding agency or State.

  6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

  7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

  8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded

    under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

  9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

  10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C.

    §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application.


    Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102

  11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

  12. Will comply with the provisions of the Hatch Act (5 U.S.C.

    §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

  13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor standards for federally-assisted construction subagreements.

  14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

  15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-

    190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of

    Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).

  16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

  17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).

  18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."

  19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.

  20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award.


SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL


TITLE



APPLICANT ORGANIZATION


DATE SUBMITTED


SF-424D (Rev. 7-97) Back

Hazard Mitigation Grant Program Sub-Recipient Management Cost (SRMC) Request Form

Project ID#:

               4834-(217)                  



County:

             Manatee                

Modification #:

       N/A          

Sub-applicant:

           Manatee                  County                Port                  Authority                                                            



Project Title:

   Manatee      County      Port      Authority,      SeaPort      Manatee,      Generator                                      



Point of Contact

Name:  Amanda Tyner                                                         Title:  Director of Planning & Special Projects          Agency:  Manatee County Port Authority                                Address:  300 Tampa Bay Way, Palmetto, FL 34221      Phone:  941-722-6621 x373                                                   Email:  atyner@seaportmanatee.com              

Federal Share Amount: $4,500,000.00 Cost Share Percentage: 75.000000000%


Project Budget Information

Phase I

Federal

Local

Total

Available SRMC Funds

Funding Request


$ -

$ -

$ -

Non-Phased or Phase II

Funding Request

$ 4,500,000.00

$ 1,500,000.00

$ 6,000,000.00

$ 300,000.00

Project Total

$ 4,500,000.00

$ 1,500,000.00

$ 6,000,000.00

$ 300,000.00

Sub-Recipient Management Costs Details

A. Personnel (In-House Labor) *If "Salaried" convert to hourly rate (Salary/2080 = Hourly Rate)


Position


Base Rate

Fringe %


Total Rate


Hours


Costs


FICA

Health

Insurance


Retirement


Other

Pre-Award








$ -







$ -


$ -







$ -


$ -







$ -


$ -







$ -


$ -

Estimated Subtotal:

$ -

Narrative:



B. Contractual Services

Company Name(s) or Consultant(s)

Purpose

Costs

Pre-Award

Application Development

$ -







Estimated Subtotal:

$ -

Narrative:


Hazard Mitigation Grant Program Sub-Recipient Management Cost (SRMC) Request Form


Project ID#:  4834-(217)                                 County:  Manatee                              Modification #:  N/A              Sub-applicant: Manatee County Port Authority                                                                                      Project Title:  Manatee County Port Authority, SeaPort Manatee, Generator                                      


  1. Indirect Costs * Optional: if you choose this option, you will have to include it on all awards for the referenced disaster.

    Description Base Rate Costs

    De Minimis Indirect Cost Rate Estimated Subtotal: Narrative:

    $ - $ -

    $ -

    Indirect costs are based on the maximum De Minimis Indirect Cost Rate of 10.00% on Total Direct Labor (Personnel + Fringe).


  2. SRMC Pre-Award

    Pre-Award Sub-Recipient Management Cost is requested in the amount of: $ -

    Start Date:


    Total Estimated Sub-Recipient Management Cost Requested:

    Maximum amount available (5%)

    If negative, adjust Section A, B, C and/or D (above) by amount shown

  3. $

  4. $

-

300,000.00

$300,000.00


Strategic Funds Management (SFM) - Sub-Recipient Management Costs (SRMC) need to be obligated in increments sufficient to cover Sub-Recipient needs, for no more than one year, unless contractual agreements require additional funding. FEMA has established a threshold where annual increments will be applied to larger awards allowing smaller awards to be fully obligated.

Annual Breakdown of Estimated SRMC

Year 1 Year 2 Year 3 Year 4 Total Estimated SRMC

$ - $ - $ - $ - $ -

Sub-Recipient Acknowledgement: *Authorized Agent or Point of Contact (POC) can sign this request Our organization is declining the use of SRMC funding for the referenced project.

**Authorized Agent must sign for declining funds


This request is related to eligible indirect costs, direct administrative costs, or other administrative expenses associated with this specific project.

The administrative requirements of the Code of Federal Regulations Title 2 Part 200: Uniform Administration Requirements (2 CFR 200) have been met.

Name:                                           Mike Rahn                                Title:                                              Chairman                      

Authorization:

  Point of Contact (POC)  

Signature: Date: 01/20/2026

January 27, 2026


CONSENT

AGENDA ITEM 3.G: 2025 PORT SECURITY GRANT PROGRAM

AGREEMENT


BACKGROUND:


The Department of Homeland Security has awarded the Authority $359,250 under the 2025 Port Security Grant Program (PSGP), representing 75% of the total project cost for cybersecurity enhancements and a mass notification system. As required by the grant, the Port will provide the remaining 25% match of $119,750, bringing the total project cost to

$479,000. The executed agreement is submitted for entry into the official records.


ATTACHMENT:


Agreement No. EMW-2025-PU-05421


COST AND FUNDING SOURCE:


FEMA Department of Homeland Security grant funding of $359,250 and $119,750 from port cash


CONSEQUENCES IF DEFERRED:


Delay in entering agreements into record


LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to accept into the records Agreement No. EMW-2025-PU-05421 from FEMA Department of Homeland Security for cyber security enhancements and mass notification system.

Award Letter



Eective date: 11/19/2025 David St. Pierre

MANATEE COUNTY PORT AUTHORITY 300 TAMPA BAY WAY STE 1

PALMETTO, FL 34221 EMW-2025-PU-05421

Dear David St. Pierre,

U.S. Department of Homeland Security

Washington, D.C. 20472



Congratulations on behalf of the Department of Homeland Security, your application submitted for the Fiscal Year 2025 Port Security Grant Program (PSGP), has been approved in the amount of

$359,250.00 in Federal funding. This award of federal assistance is executed as a Grant. As a condition of this award, you are required to contribute non-Federal funds equal to or greater than

$119,750.00 for a total approved budget of $479,000.00. Please see the Fiscal Year 2025 Port Security Grant Program (PSGP) for information on how to meet this cost share requirement.


Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Award Summary - included in this document

Agreement Articles - included in this document

Obligating Document - included in this document

Fiscal Year 2025 Port Security Grant Program (PSGP) Notice of Funding Opportunity

The Preparedness Grant Manual (PGM)


Please make sure you read, understand, and maintain a copy of these documents in your ocial le for this award.


Sincerely,


David Gudinas

Award Summary

Program: Fiscal Year 2025 Port Security Grant Program Recipient: MANATEE COUNTY PORT AUTHORITY UEI-EFT: KLBXGVB8Q2L3

Award number: EMW-2025-PU-05421


Summary description of award

The Port Security Grant Program provides funds to state, local, and private sector maritime partners to support increased port-wide risk management and protect critical surface transportation infrastructure from acts of terrorism, major disasters, and other emergencies.


Amount awarded table

The amount of the award is detailed in the attached Obligating Document for Award.


The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

Object Class

Total

Personnel

$0.00

Fringe benets

$0.00

Travel

$20,000.00

Equipment

$50,000.00

Supplies

$0.00

Contractual

$259,000.00

Construction

$0.00

Other

$150,000.00

Indirect charges

$0.00

Federal

$359,250.00

Non-federal

$119,750.00

Total

$479,000.00

Program Income

$0.00


Approved scope of work

After review of your application, FEMA has approved the below scope of work. Justications are provided for any dierences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2025 PSGP NOFO.

Approved request details:


Investment

Equipment


DESCRIPTION

05IT-00-VPND Device, Virtual Private Network (VPN)

QUANTITY

UNIT PRICE

TOTAL

4

$7,500.00

$30,000.00

BUDGET CLASS



Equipment




Equipment


DESCRIPTION

04IT-01-SWCN Software, Conguration Management

QUANTITY

UNIT PRICE

TOTAL

4

$5,000.00

$20,000.00

BUDGET CLASS



Equipment




Contractual


DESCRIPTION

Cyber Security - Osite data storage contract

QUANTITY

UNIT PRICE

TOTAL

1

$144,000.00

$144,000.00

BUDGET CLASS



Contractual



Other



DESCRIPTION



Placeholder



QUANTITY

UNIT PRICE

TOTAL

1

$150,000.00

$150,000.00

BUDGET CLASS



Other



CHANGE FROM APPLICATION

Item created


JUSTIFICATION

Placeholder


Investment

Contractual

Ineligible


DESCRIPTION

System Conguration; Congure the solution to support desired operations and cyber inititives

QUANTITY

UNIT PRICE

TOTAL

1

$150,000.00

$150,000.00

BUDGET CLASS



Contractual



CHANGE FROM APPLICATION

Item marked ineligible


JUSTIFICATION

Not funded


Investment


Travel


DESCRIPTION

Travel expenses for 4 individuals to attend training

QUANTITY

UNIT PRICE

TOTAL

4

$5,000.00

$20,000.00

BUDGET CLASS



Travel



Contractual


DESCRIPTION

CISSP Certication Training GSA CONTRACT NUMBER: GS-02F-0044T

QUANTITY

UNIT PRICE

TOTAL

4

$5,000.00

$20,000.00

BUDGET CLASS



Contractual




Investment


Contractual


DESCRIPTION

Annual Subscription to MNS Platform

QUANTITY

UNIT PRICE

TOTAL

1

$60,000.00

$60,000.00

BUDGET CLASS



Contractual




Contractual


DESCRIPTION

System Conguration and Integration Support

QUANTITY

UNIT PRICE

TOTAL

1

$10,000.00

$10,000.00

BUDGET CLASS



Contractual



Contractual


DESCRIPTION

User Training and Onboarding

QUANTITY

UNIT PRICE

TOTAL

1

$10,000.00

$10,000.00

BUDGET CLASS



Contractual




Contractual


DESCRIPTION

Technical Support and Maintenance

QUANTITY

UNIT PRICE

TOTAL

1

$10,000.00

$10,000.00

BUDGET CLASS



Contractual





Contractual


DESCRIPTION

Reporting and Analytics Tools

QUANTITY

UNIT PRICE

TOTAL

1

$5,000.00

$5,000.00

BUDGET CLASS



Contractual



Of the total Federal funds, $359250.00 has been placed on hold. See the following terms in the Agreement Articles for more details:

Article number

Title

Payment hold

Article 61

Summary Description of Award

$359250.00

Agreement Articles

Program: Fiscal Year 2025 Port Security Grant Program Recipient: MANATEE COUNTY PORT AUTHORITY UEI-EFT: KLBXGVB8Q2L3

Award number: EMW-2025-PU-05421


Table of contents

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article

Assurance, Administrative Requirements, Cost Principles, Representations, and Certications

General Acknowledgements and Assurances Acknowledgement of Federal Funding from DHS Activities Conducted Abroad

Age Discrimination Act of 1975 Americans with Disabilities Act of 1990

Best Practices for Collection and Use of Personally Identiable Information CHIPS and Science Act of 2022, Public Law 117-167 CHIPS

Civil Rights Act of 1964 Title VI Civil Rights Act of 1968

Communication and Cooperation with the Department of Homeland Security and Immigration Ocials

Copyright


Debarment and Suspension


Drug-Free Workplace Regulations Duplicative Costs

Education Amendments of 1972 (Equal Opportunity in Education Act) Title IX Energy Policy and Conservation Act

Equal Treatment of Faith-Based Organizations Anti-Discrimination

False Claims Act and Program Fraud Civil Remedies Federal Debt Status

Federal Leadership on Reducing Text Messaging while Driving Fly America Act of 1974

Hotel and Motel Fire Safety Act of 1990


John S. McCain National Defense Authorization Act of Fiscal Year 2019

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article

Limited English Prociency (Civil Rights Act of 1964, Title VI) Lobbying Prohibitions

National Environmental Policy Act


National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254

Non-Supplanting Requirement


Notice of Funding Opportunity Requirements Patents and Intellectual Property Rights Presidential Executive Orders

Procurement of Recovered Materials Rehabilitation Act of 1973

Reporting Recipient Integrity and Performance Matters Reporting Subawards and Executive Compensation

Required Use of American Iron, Steel, Manufactured Products, and Construction Materials

SAFECOM


Subrecipient Monitoring and Management


System for Award Management and Unique Entity Identier Requirements Termination of a Federal Award

Terrorist Financing


Tracking Victims Protection Act of 2000(TVPA)


Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Use of DHS Seal, Logo and Flags


Whistleblower Protection Act

Environmental Planning and Historic Preservation (EHP) Review Applicability of DHS Standard Terms and Conditions to Tribal Nations Acceptance of Post Award Changes

Article 1

Assurance, Administrative Requirements, Cost Principles, Representations, and Certications

I. Recipients must complete either the Oce of Management and Budget (OMB) Standard Form 424B Assurances Non- Construction Programs, or OMB Standard Form 424D Assurances Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS nancial assistance oce (DHS FAO) may require applicants to certify additional assurances. Applicants are required to ll out the assurances, as instructed.

Article 2

General Acknowledgements and Assurances

Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in eect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and stapursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS ocials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specic terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The denition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients must complete DHS Form 3095 within 60 days of receipt of the Notice of Award for the rst award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-nancial-assistance.

Article 3

Acknowledgement of Federal Funding from DHS

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

Article 4

Activities Conducted Abroad

Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5

Age Discrimination Act of 1975

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

Article 6

Americans with Disabilities Act of 1990

Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codied as amended at 42 U.S.C. §§ 1210112213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7

Best Practices for Collection and Use of Personally Identiable Information

(1) Recipients who collect personally identiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Denition. DHS denes PIIas any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also nd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 9 Civil Rights Act of 1964 Title VI

Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codied as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benets of, or be subjected to discrimination under any program or activity receiving federal nancial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMAs implementing regulations at 44 C.F.R. Part 7.

Article 10 Civil Rights Act of 1968

Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90284 (codied as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, nancing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling unitsi.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-oor units in buildings without elevators)

be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Ocials

(1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration ocials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration ocials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration ocer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28

U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (3) The recipient agrees that compliance with this term is material to the Governments decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term.

Article 12 Copyright

Recipients must ax the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work rst produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 13 Debarment and Suspension

Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2

C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 14 Drug-Free Workplace Regulations

Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 15 Duplicative Costs

Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. See 2 C.F.R. § 200.403(f). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions.

Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) Title IX

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

C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMAs implementing regulations at 44 C.F.R. Part 19.

Article 17 Energy Policy and Conservation Act

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

Article 18 Equal Treatment of Faith-Based Organizations

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

Article 19 Anti-Discrimination

Recipients must comply with all applicable Federal anti-discrimination laws material to the governments payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Denitions. As used in this clause (a) DEI means diversity, equity, and inclusion.(b) DEIA means diversity, equity, inclusion, and accessibility.(c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as dened in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certication. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this nancial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not during the term of this award, operate any program that benets illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate nancial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law.

Article 20 False Claims Act and Program Fraud Civil Remedies

Recipients must comply with the requirements of the False Claims Act, 31

U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)

Article 21 Federal Debt Status

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

Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on ocial government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513.

Article 23 Fly America Act of 1974

Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certied air carriers can be found at: Certicated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certicated-aircarriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49

U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 24 Hotel and Motel Fire Safety Act of 1990

Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the re prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part

200. The statute as it applies to DHS recipients, subrecipients, and their contractors and subcontractors prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 26 Limited English Prociency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.

§ 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal nancial assistance take reasonable steps to provide meaningful access to persons with limited English prociency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov.

Article 27 Lobbying Prohibitions

Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to inuence, or attempt to inuence an ocer or employee of any agency, a Member of Congress, an ocer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modication. Per 6 C.F.R. Part 9, recipients must le a lobbying certication form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and le a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 28 National Environmental Policy Act

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

Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167,

Section 10254

(1) Recipient research institutions (covered institutions) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codied at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to:

(a) cybersecurity; (b) foreign travel security; (c) research security training; and

(d) export control training, as appropriate. (2) Denition. Covered institutionsmeans recipient research institutions receiving federal Research and Development (R&D) science and engineering support in excess of $50 million per year.

Article 30 Non-Supplanting Requirement

Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 31 Notice of Funding Opportunity Requirements

All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in eect.

Article 32 Patents and Intellectual Property Rights

Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprot Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

Article 33 Presidential Executive Orders

Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and nancial assistance), the full text of which are incorporated by reference.

Article 34 Procurement of Recovered Materials

States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codied as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 35 Rehabilitation Act of 1973

Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codied as amended at 29 U.S.C. § 794), which provides that no otherwise qualied handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benets of, or be subjected to discrimination under any program or activity receiving federal nancial assistance.

Article 36 Reporting Recipient Integrity and Performance Matters

If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds

$10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 37 Reporting Subawards and Executive Compensation

For federal awards that total or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

Article 39

SAFECOM

Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 40

Subrecipient Monitoring and Management

Pass-through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§ 200.331-333.

Article 41

System for Award Management and Unique Entity Identier Requirements

Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 42

Termination of a Federal Award

(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the eective date, and in the case of partial termination, the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including, to the extent authorized by law, if the federal award no longer eectuates the program goals or agency priorities. (3) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notication to DHS stating the reasons for such termination, the eective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the eective date of the termination. (5) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2

C.F.R. §§ 200.344200.345 after an award is terminated.

Article 43

Terrorist Financing

Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws.

Article 44

Tracking Victims Protection Act of 2000(TVPA)

Recipients must comply with the requirements of the government-wide federal award term and condition which implements Tracking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codied as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.

Article 45

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56

Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175175c.

Article 46

Use of DHS Seal, Logo and Flags

Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of ags, or likenesses of DHS agency ocials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of ags, or likenesses of component ocials.

Article 47

Whistleblower Protection Act

Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 470141 U.S.C. § 4712.

Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMAs EHP process is available on the DHS/FEMA Website. Specic applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Ocer to be put into contact with EHP staresponsible for assisting their specic grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identied in the initial review. If ground disturbing activities occur during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or aecting the oodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMAs regulations at 44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a oodplain or wetland or has the potential to aect or be aected by a oodplain or wetland. The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the oodplain or wetland.

Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and ow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist.

Article 50 Acceptance of Post Award Changes

In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notied of the change in writing. Once the notication has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: ASK-GMD@fema.dhs.gov for any questions.

Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no

longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2

C.F.R. section 200.313(b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. section 200.313(e).

Article 52 Prior Approval for Modication of Approved Budget

Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2

C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplied acquisition threshold (currently

$250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the rst Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 53 Indirect Cost Rate

2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award le.

Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certication

In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA nancial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. section 184.4 and a self-certication as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Interim Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA.

Article 55 PSGP Performance Goal

In addition to the Performance Progress Report (PPR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the capability gaps identied in their vulnerability assessment or other relevant documentation or sustains existing capabilities per the FEMA-approved Investment Justication. The capability gap reduction or capability sustainment must be addressed in the PPR.

information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance. iv. They will provide access to detainees, such as when an immigration ocer seeks to interview a person who might be a removable alien. v. They will not leak or otherwise publicize the existence of an immigration enforcement operation. b. The state, local, or territorial recipient must require a state, local, or territorial subrecipient to make the certication above before providing them with any funding under the subaward. 3. Materiality and Remedies for Noncompliance This term and condition is material to the Department of Homeland Securitys decision to make this grant award and the Department of Homeland Security may take any remedy for noncompliance, including termination, if the state, territorial, or local government recipient or any state, territorial, or local government subrecipient fails to comply with this term and condition.

Article 57 Non-Applicability of Specic Terms and Agreement Articles Notwithstanding their inclusion in this award package, the following terms and Agreement Articles do not apply to this grant award: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Ocials) of the DHS Standard Terms and Conditions and the Agreement Article titled Communication and Cooperation with the Department of Homeland Security and Immigration Ocialsin this award package; and (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certication regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled Anti-Discriminationin this award package.

Article 58 Impact of San Francisco v. Trump Preliminary Injunction

Pursuant to the preliminary injunction order issued on August 22, 2025, in City and County of San Francisco, et al. v. Trump, et al., No. 3:25-cv-01350 (N.D. Cal.), the following terms and conditions do not apply to awards or subawards issued to any of the plaintis subject to the preliminary injunction order while the order remains in eect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Ocials) of the DHS Standard Terms and Conditions and the Agreement Article titled Communication and Cooperation with the Department of Homeland Security and Immigration Ocialsin this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certication regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled Anti-Discriminationin this award package; and (3) the Compliance with Federal Immigration LawAgreement Article. If the preliminary injunction is stayed, vacated, or extinguished, the Compliance with Federal Immigration LawAgreement Article will immediately become eective.

Article 59 Impact of State of Illinois v. FEMA Injunction

Pursuant to the memorandum and order issued on September 24, 2025, in State of Illinois, et al. v. Federal Emergency Management Agency, et. al, No. 25-206 (D. R.I.), the following terms and conditions do not apply to awards or subawards issued to any of the plaintis subject to the injunction order while the order remains in eect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Ocials) of the DHS Standard Terms and Conditions and the Agreement Article titled Communication and Cooperation with the Department of Homeland Security and Immigration Ocialsin this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certication regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled Anti-Discriminationin this award package; and (3) the Compliance with Federal Immigration LawAgreement Article. If the injunction is stayed, vacated, or extinguished, the Compliance with Federal Immigration LawAgreement Article will immediately become eective.

Article 60 Non-Applicability of Specic Agreement Articles

Notwithstanding its inclusion in this award package, the following Agreement Article does not apply to this grant award: 1. Termination of a Federal Award. This provision is consistent with any terms of the Notice of Funding Opportunity that state Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award.

Refer to the Notice of Funding Opportunity for the terms governing award termination.

Article 61 Summary Description of Award

The terms of the approved Investment Justication(s) and Budget Detail Worksheet(s) submitted by the recipient at any time before or after the award date are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and subsequent reviews by FEMA. Post-award documents uploaded into FEMA GO for this award will be incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent reviews by FEMA. All projects must receive approval from FEMA prior to commencing.

Article 62 Funding Hold: Additional Information Required

FEMA has placed a funding hold on this award, and $359,250 is on hold in the FEMA nancial systems. The recipient is prohibited from obligating, expending, or drawing down the funds associated with the following investments/projects. Investment 1: Cyber Resiliency Enhancement: O-Site Backup Infrastructure for Critical Maritime Systems Investment 3: Cyber Security - Cyber Security Management Training Investment 4: All Hazards - Mass Notication System To release the funding hold, the recipient must provide a detailed cost breakdown and justication for the investments/projects listed above. FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and justication. If you believe this funding hold was placed in error, please contact the relevant Preparedness Ocer or Grants Management Specialist.

Obligating document


1. Agreement

2. Amendment

3. Recipient

4. Type of


5. Control No.

No.

No.

No.

Action

WX04780N2025T

EMW-2025-PU-

N/A

596000727

AWARD


05421





6. Recipient Name and

7. Issuing FEMA Oce

8. Payment Oce and

Address

and Address

Address

MANATEE COUNTY PORT

Grant Programs Directorate

FEMA, Financial

AUTHORITY

500 C Street, S.W.

Services Branch

300 TAMPA BAY WAY

Washington DC, 20528-

500 C Street, S.W.,

PALMETTO, FL 34221

7000

Room 723


1-866-927-5646

Washington DC, 20742

9. Name of Recipient


9a. Phone

10. Name of FEMA Project

10a. Phone

Project Ocer

No.

Coordinator

No.

David St. Pierre

941-

Port Security Grant Program

1-877-585-


6507300

Grant Program

3242

11. Eective Date of

12. Method of

13. Assistance

14. Performance

This Action

Payment

Arrangement

Period




09/01/2025 to

11/19/2025

OTHER - FEMA

COST SHARING

08/31/2028


GO


Budget Period




09/01/2025 to




08/31/2028

15. Description of Action a. (Indicate funding data for awards or nancial changes)

Program Name Abbreviation


Assistance Listing No.

Accounting Data (ACCS

Code)

Prior Total Award

Amount Awarded This Action

+ or (-)

Current Total Award


Cumulative Non-Federal Commitment


PSGP


97.056


2025-FA-GC01 -

P410-xxxx-4101-D


$0.00


$359,250.00


$359,250.00


See Totals






Totals

$0.00

$359,250.00

$359,250.00

$119,750.00

b. To describe changes other than funding data or nancial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for

address)

This eld is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)

David St. Pierre

DATE 11/20/2025

18. FEMA SIGNATORY OFFICIAL (Name and Title)

David Gudinas

DATE 11/19/2025