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
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.
Requests by Port Authority (items to be pulled from Consent Agenda)
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
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
CALL TO ORDER
Chairman Rahn called the meeting to order at 10:00 a.m.
INVOCATION
Chaplain Jeff Holton, Anchor House, delivered the invocation.
PLEDGE OF ALLEGIANCE
Commissioner Siddique led the Pledge of Allegiance.
AGENDA PA20251218DOC001
AUDIENCE INTRODUCTIONS
Members of the audience introduced themselves.
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)
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.
CONSENT AGENDA PA20251218DOC003
WARRANT LIST
Accepted Warrant Listing from November 10, 2025, to December 9, 2025
PA20251218DOC004
MINUTES
Approved the Minutes of November 18, 2025
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
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
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
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
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
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)
EXECUTIVE DIRECTOR COMMENTS
Carlos Buqueras, Executive Director, stated Seaport Manatee continues to experience phenomenal growth. He utilized a slide presentation highlighting Port Activities:
SeaPort Manatee Cargo Volumes (steel imports, wood pulp, and granite) surge at start of new Fiscal Year, reflecting strong growth across multiple, cargo sectors
SeaPort Manatee Foreign Trade Zone (FTZ) No. 169 welcome three, new FTZ activations facilitated by Port Tenant Logistec, for customers, Bracell, Eldorado, and Aluar, who are importing wood pulp from Brazil and aluminum from Argentina
Agunsa Manatee Terminals expands at Seaport Manatee, with a salt packing facility
Port Staff participates in community and education outreach events
Seaport Manatee takes part in Select Florida Gateways Advisory Council (GAC)
Fueling through the storm – Seaport Manatee attends Fuel Supply and Disaster Readiness Workshop
SeaPort Manatee North and South Gate Beautification Project completed in house
Cruise Terminal Restoration completed after Hurricane Milton (10/24), with a vision to utilize it as a ferry terminal PA20251218DOC011
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:
This resolution budgets the following:
$288,970 of Port cash for the purchase and installation of 10 chiller doors for warehouse 6.
2025 Port Security Grant Program (PSGP) is funded $359,250 (or 75% of project costs) by Homeland Security and $ 119,750 of Port cash (25% of project costs) for a Cyber Offsite Backup, Cyber Information Management Sustainment for the Port Control billing system, Cyber Management Training, and a Mass Notification System that is web based which sends, emails, text and telephone alerts in the event of a natural disaster or other emergencies.
$80,000 of Port cash for the replacement of fire sprinklers for warehouse 8.
Budget Resolution PA-26-07
Budgets $359,250 PSGP 2025 grant funding and $488,720 Port cash.
Delay in budget allocations.
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
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.
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.
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.
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:
Fund: Port Cash Section: Engineering
Description: Budgets $288,970 for installing ten new chiller doors in warehouse 6.
Batch ID: BAAL012726A Reference: BU26000268
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
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
CONSENT
AGENDA ITEM 3.D.: FIRST AMENDMENT TO THE OPERATING AND
MAINTENANCE AGREEMENT – PORT MANATEE RAILROAD, LLC
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.
First Amendment to the Operating and Maintenance Agreement Between the Authority and Port Manatee Railroad, LLC
N/A
Delay in approval of the first amendment for operation and maintenance of new railroad track
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.
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:
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.
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 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:
$2,000 per month for both locomotives, as more fully described in Exhibit D to this Agreement; and
$2,000 per month for the use of Class III Shortline Railroad with approximately seven (7) miles of track and a 300-railcar capacity that connects directly to CSXT; and
Office space rent – office space and rent to be determined and negotiated by the Parties as evidenced by a separate lease agreement; and
Twenty percent (20%) of all railroad gross revenue, including revenue from any assessorial charges and railcar storage fees excluding intermodal traffic generated from the new track depicted in EXHIBIT “A”, shall be paid to the Authority once Rail Operator’s annual railroad gross revenue exceeds $550,000.00 each year.
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).
CONSENT
AGENDA ITEM 3.E.: WORLD DIRECT SHIPPING RAIL LEASE FIRST AMENDMENT
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.
First Amendment to SeaPort Manatee and World Direct Shipping, LLC Lease
N/A
Delay in approval of the first amendment for intermodal rail terminal services
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:
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.
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.
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.
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.
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.
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.
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".
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.
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.
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.
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.
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.
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.
Authorizing Agent Approval Assurances – Construction Programs
Hazard Mitigation Grant Program Sub-Recipient Management Cost Request Form
If awarded, $4,500,000 FDEM and $1,500,000 port cash
Grant application will not be forwarded to the review process
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:
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.
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.
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.
Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications.
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.
Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
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.
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).
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.
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
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.
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.
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.
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.
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).
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.
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).
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."
Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.
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
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).
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
$
$
-
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
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.
Agreement No. EMW-2025-PU-05421
FEMA Department of Homeland Security grant funding of $359,250 and $119,750 from port cash
Delay in entering agreements into record
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.
Effective 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 official file for this award.
Sincerely,
David Gudinas
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.
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 benefits | $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 |
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences 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.
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, Configuration Management | ||
QUANTITY | UNIT PRICE | TOTAL |
4 | $5,000.00 | $20,000.00 |
BUDGET CLASS | ||
Equipment | ||
Contractual DESCRIPTION Cyber Security - Off site 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 | ||
Contractual Ineligible DESCRIPTION System Configuration; Configure 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 | ||
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 Certification Training GSA CONTRACT NUMBER: GS-02F-0044T | ||
QUANTITY | UNIT PRICE | TOTAL |
4 | $5,000.00 | $20,000.00 |
BUDGET CLASS | ||
Contractual | ||
Contractual DESCRIPTION Annual Subscription to MNS Platform | ||
QUANTITY | UNIT PRICE | TOTAL |
1 | $60,000.00 | $60,000.00 |
BUDGET CLASS | ||
Contractual | ||
Contractual DESCRIPTION System Configuration 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 |
Article 1 | Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, 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 effect 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 staff pursuant 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 officials 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 specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition 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 first award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-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 (codified 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 financial 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) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. |
Article 7 | Best Practices for Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable 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) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. |
Article 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 (codified 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 benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s 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 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) |
Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials (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 officials: (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 officials; 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 officer 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 Government’s 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 affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first 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 (codified 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 benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s 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) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. |
Article 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 beneficiaries. 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 government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. 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 defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial 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 benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial 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 benefit 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 official 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 certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-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 fire 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 Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-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 influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification 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 file 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) (codified 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 fulfill 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 (codified 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) Definition. “Covered institutions” means 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 effect. |
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 Nonprofit 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 financial 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) (codified 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 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. |
Article 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 Identifier 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 Identifier 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 effective 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 effectuates 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 notification to DHS stating the reasons for such termination, the effective 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 effective 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 | Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified 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. §§ 175–175c. |
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 flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. |
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 FEMA’s EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific 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 identified 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 affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s 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 floodplain or wetland or has the potential to affect or be affected by a floodplain 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 floodplain 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 flow 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 notified of the change in writing. Once the notification 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 Modification 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 simplified 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 first 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 file. |
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification 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 financial 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-certification 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 identified in their vulnerability assessment or other relevant documentation or sustains existing capabilities per the FEMA-approved Investment Justification. 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 officer 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 certification 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 Security’s 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 Specific 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 Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; and (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-Discrimination” in 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 plaintiffs subject to the preliminary injunction order while the order remains in effect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-Discrimination” in this award package; and (3) the “Compliance with Federal Immigration Law” Agreement Article. If the preliminary injunction is stayed, vacated, or extinguished, the “Compliance with Federal Immigration Law” Agreement Article will immediately become effective. |
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 plaintiffs subject to the injunction order while the order remains in effect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti-Discrimination” in this award package; and (3) the “Compliance with Federal Immigration Law” Agreement Article. If the injunction is stayed, vacated, or extinguished, the “Compliance with Federal Immigration Law” Agreement Article will immediately become effective. |
Article 60 Non-Applicability of Specific 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 Justification(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 financial systems. The recipient is prohibited from obligating, expending, or drawing down the funds associated with the following investments/projects. Investment 1: Cyber Resiliency Enhancement: Off-Site Backup Infrastructure for Critical Maritime Systems Investment 3: Cyber Security - Cyber Security Management Training Investment 4: All Hazards - Mass Notification System To release the funding hold, the recipient must provide a detailed cost breakdown and justification for the investments/projects listed above. FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and justification. If you believe this funding hold was placed in error, please contact the relevant Preparedness Officer or Grants Management Specialist. |
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 Office | 8. Payment Office 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 Officer | No. | Coordinator | No. | |||||||
David St. Pierre | 941- | Port Security Grant Program | 1-877-585- | |||||||
6507300 | Grant Program | 3242 | ||||||||
11. Effective 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 financial 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 financial 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 field 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 |