A meeting of the Manatee County Port Authority will be held during a Board of County Commissioner’s meeting Tuesday, April 21, 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) 721-2392 or by email at egoldberg@seaportmanatee.com


MANATEE COUNTY PORT AUTHORITY AGENDA

April 21, 2026

9:00 a.m.


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


  1. CALL TO ORDER


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


  3. Consent Agenda

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


  4. Executive Director Comments


  5. Commissioner Comments


  6. Adjourn


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

Mike Rahn, Chairman; Jason Bearden, 1st Vice Chairman; George Kruse, 2nd Vice-Chairman;

Vacant, 3rd Vice Chairman; Amanda Ballard, Member; Dr. Bob McCann, Member; Tal Saddique, Member

April 21, 2026


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes – March 24, 2026


    3. Budget Resolution


    4. Deletion of Port Assets


    5. Certifications of Lands – New Weirs in Upland Disposal Area


    6. Second Amendment to Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease

    7. Warehouse #8 Pallet Rack System Added Services


    8. Port Manatee Tariff No. 3 Item 441


      RECOMMENDATION:


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

      Manatee County Port Authority Warrant (Check) Listing

      03/13/2026 to 04/12/2026


      WT XXXXXXX

      V035566

      AGUNSA MANATEE TERMINAL LLC

      2,398.73

      JP

      XXXXXXX

      V026116

      ALL FOR LIFE

      200.00

      JP

      XXXXXXX

      V029295

      AMAZON CAPITAL SERVICES INC

      1,204.76

      JP

      XXXXXXX

      V029295

      AMAZON CAPITAL SERVICES INC

      2,959.31

      JP

      XXXXXXX

      V029295

      AMAZON CAPITAL SERVICES INC

      1,617.59

      JP

      XXXXXXX

      V029295

      AMAZON CAPITAL SERVICES INC

      1,235.07

      JP

      XXXXXXX

      V029295

      AMAZON CAPITAL SERVICES INC

      56.99

      JP

      XXXXXXX

      V023321

      AMERICAN EXPRESS TRAVEL RELATE

      63.68

      JP

      XXXXXXX

      V113719

      APEX OFFICE PRODUCTS INC

      519.79

      JP

      XXXXXXX

      V113719

      APEX OFFICE PRODUCTS INC

      -86.85

      JP

      XXXXXXX

      V013140

      AT AND T MOBILITY

      111.48

      WT XXXXXXX

      V019189

      BANK OF AMERICA

      22,767.88

      WT XXXXXXX

      V019189

      BANK OF AMERICA

      50,619.28

      JP XXXXXXX

      V002730

      BANK OF AMERICA

      1,164.55

      WT XXXXXXX

      V032709

      BDI MARINE CONTRACTORS LLC

      42,152.24

      JP

      XXXXXXX

      V009839

      BRYANT MILLER AND OLIVE PA

      8,864.07

      JP

      XXXXXXX

      V029174

      CHARTER COMMUNICATIONS

      1,287.56

      JP

      XXXXXXX

      V029174

      CHARTER COMMUNICATIONS

      615.00

      JP

      XXXXXXX

      V029174

      CHARTER COMMUNICATIONS

      194.12

      JP

      XXXXXXX

      V029174

      CHARTER COMMUNICATIONS

      1,158.28

      JP

      XXXXXXX

      V034196

      CORCORAN PARTNERS

      40,000.00

      JP

      XXXXXXX

      P000439

      CREWS, NICHOLAS

      333.83

      JP

      XXXXXXX

      V013290

      CUTTING EDGE WINDOW TINTING

      2,340.00

      JP

      XXXXXXX

      V031972

      DADE SERVICE CORPORATION

      1,755.00

      JP

      XXXXXXX

      V031972

      DADE SERVICE CORPORATION

      330,725.44

      JP

      XXXXXXX

      V006291

      DEX IMAGING INC

      231.78

      WT XXXXXXX

      V334600

      DIVISION OF RETIREMENT, FLORID

      2,940.82

      JP

      XXXXXXX

      V025612

      DYNAFIRE INC

      73,218.87

      JP

      XXXXXXX

      V025612

      DYNAFIRE INC

      1,456.78

      JP

      XXXXXXX

      V025612

      DYNAFIRE INC

      397.74

      JP

      XXXXXXX

      V024683

      EVERGLADES EQUIPMENT GROUP

      2,955.63

      JP

      XXXXXXX

      V323190

      FASTENAL COMPANY

      249.74

      JP

      XXXXXXX

      V017454

      FIRST CHOICE MARINE SUPPLY

      2,546.00

      ZP

      XXXXXXX

      L333009

      FLEET PRODUCTS

      3,713.28

      WT XXXXXXX

      V334298

      FLORIDA MUNICIPAL INSURANCE TR

      252,778.00

      JP

      XXXXXXX

      V334298

      FLORIDA MUNICIPAL INSURANCE TR

      882.74

      JP

      XXXXXXX

      V019619

      FLORIDA POWER AND LIGHT COMPAN

      11,096.35

      JP

      XXXXXXX

      V019619

      FLORIDA POWER AND LIGHT COMPAN

      35,339.51

      JP

      XXXXXXX

      V021937

      FRONTIER COMMUNICATIONS OF FLO

      3,034.29

      JP

      XXXXXXX

      V021937

      FRONTIER COMMUNICATIONS OF FLO

      184.58

      JP

      XXXXXXX

      V020807

      GENUINE AUTOMOTIVE

      66.92

      JP

      XXXXXXX

      V380790

      GOODYEAR RUBBER PRODUCTS INC

      1,292.89

      JP

      XXXXXXX

      V385628

      GRAINGER INC, W W

      6,162.68

      JP

      XXXXXXX

      V430115

      HDR ENGINEERING INC

      10,950.00

      JP

      XXXXXXX

      V430115

      HDR ENGINEERING INC

      10,950.00

      JP

      XXXXXXX

      V017754

      HERALD TRIBUNE

      376.00

      Manatee County Port Authority Warrant (Check) Listing

      03/13/2026 to 04/12/2026


      JP

      XXXXXXX

      V023500

      HOME DEPOT CREDIT SERVICES

      1,464.10

      JP

      XXXXXXX

      V493800

      JOHNSON PRINTING

      65.86

      JP

      XXXXXXX

      V493800

      JOHNSON PRINTING

      45.50

      JP

      XXXXXXX

      V032941

      JOHNSTONE SUPPLY

      1,711.93

      WT XXXXXXX

      V035063

      KALMAR PTE LTD

      64,900.00

      WT XXXXXXX

      V035063

      KALMAR PTE LTD

      64,925.00

      JP

      XXXXXXX

      V034929

      KALMAR USA INC

      1,086.77

      JP

      XXXXXXX

      V520115

      KIMBALL MIDWEST

      175.07

      JP

      XXXXXXX

      V022184

      LOUIS PRYOR SUPPLY INC

      459.90

      JP

      XXXXXXX

      V004140

      MANATEE COUNTY PUBLIC WORKS DE

      183.79

      JP

      XXXXXXX

      V000259

      MANATEE SPORTS UNLIMITED

      53.17

      JP

      XXXXXXX

      V005619

      MARTINEZ AND COMPANY INC

      3,293.35

      JP

      XXXXXXX

      V005619

      MARTINEZ AND COMPANY INC

      2,317.56

      JP

      XXXXXXX

      V035024

      MILLER BROS GIANT TIRE SERVICE

      487.84

      JP

      XXXXXXX

      P000408

      MONIZ, MAKAELA A

      78.67

      JP

      XXXXXXX

      V028053

      ORKIN LLC

      1,509.73

      JP

      XXXXXXX

      V028053

      ORKIN LLC

      257.18

      JP

      XXXXXXX

      V014691

      PALMDALE OIL COMPANY INC

      962.19

      JP

      XXXXXXX

      V014691

      PALMDALE OIL COMPANY INC

      6,382.29

      JP

      XXXXXXX

      V736427

      PITNEY BOWES CREDIT CORP

      179.67

      JP

      XXXXXXX

      V736427

      PITNEY BOWES CREDIT CORP

      23.82

      JP

      XXXXXXX

      V736427

      PITNEY BOWES CREDIT CORP

      500.00

      JP

      XXXXXXX

      V028846

      PORT OF PORT MANATEE PROPELLER

      4,999.00

      JP

      XXXXXXX

      V748180

      PUBLIX SUPER MARKET

      387.34

      JP

      XXXXXXX

      V020765

      R S AND H INC

      81,978.05

      WT XXXXXXX

      V007824

      REGIONS BANK

      384,641.03

      JP

      XXXXXXX

      V034117

      SALUS HOLDINGS LLC

      320.29

      JP

      XXXXXXX

      V035065

      SIEBER, BRIAN

      5,440.00

      JP

      XXXXXXX

      V028926

      SOLITUDE LAKE MANAGEMENT LLC

      300.00

      ZP

      XXXXXXX

      L862400

      SOUTHERN AGRICULTURAL

      429.82

      JP

      XXXXXXX

      V018137

      STANTEC CONSULTING SERVICES IN

      1,780.00

      WT XXXXXXX

      V874841

      STATE OF FLA DEPT OF REVENUE

      0.00

      JP

      XXXXXXX

      V875019

      STATE OF FLORIDA

      724.21

      JP

      XXXXXXX

      V035330

      STORMFORCE OF JACKSONVILLE LLC

      20,633.00

      JP

      XXXXXXX

      V906395

      TERRY SUPPLY COMPANY

      117.96

      JP

      XXXXXXX

      V906395

      TERRY SUPPLY COMPANY

      1,010.15

      JP

      XXXXXXX

      V029987

      TETRA TECH INC

      8,062.50

      JP

      XXXXXXX

      V031555

      TIDALIS AMERICAS LTD

      9,184.17

      JP

      XXXXXXX

      V031555

      TIDALIS AMERICAS LTD

      1,775.00

      JP

      XXXXXXX

      V923225

      TROPHY CASE, THE

      45.00

      JP

      XXXXXXX

      P000473

      TYNER, AMANDA

      324.00

      JP

      XXXXXXX

      V006222

      ULINE INC

      1,075.00

      JP

      XXXXXXX

      V004240

      UNIFIRST CORPORATION

      2,395.86

      JP

      XXXXXXX

      V006904

      UNITED REFRIGERATION INC

      1,954.59

      JP

      XXXXXXX

      V006904

      UNITED REFRIGERATION INC

      3,030.22

      JP

      XXXXXXX

      V006904

      UNITED REFRIGERATION INC

      3,191.00

      Manatee County Port Authority Warrant (Check) Listing

      03/13/2026 to 04/12/2026


      JP

      XXXXXXX

      V003712

      UNITED RENTALS NORTH AMERICA I

      1,324.61


      JP

      XXXXXXX

      V931700

      USA STEEL FENCE CO

      1,533.81


      JP

      XXXXXXX

      V018259

      VELOCITY BRANDS CORPORATE ACCO

      924.36


      JP

      XXXXXXX

      V009667

      VERIZON WIRELESS

      37.45


      JP

      XXXXXXX

      V009667

      VERIZON WIRELESS

      317.99


      JP

      XXXXXXX

      V009667

      VERIZON WIRELESS

      449.40


      JP

      XXXXXXX

      V009667

      VERIZON WIRELESS

      855.02


      JP

      XXXXXXX

      V009667

      VERIZON WIRELESS

      925.90


      JP

      XXXXXXX

      V014316

      WASTE PRO OF FLORIDA INC

      25.75


      JP

      XXXXXXX

      V035698

      WATSON ELECTRIC

      2,191.00


      JP

      XXXXXXX

      V012252

      WORLD ELECTRIC SUPPLY INC

      4,295.50


      JP

      XXXXXXX

      P000292

      ZIMMERMANN,VIRGINIA

      192.00





      Total warrants (checks) for period reported

      1,633,016.77


      MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

      COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

      1112 Manatee Avenue West Bradenton, Florida

      March 24, 2026

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

      Present were:

      Mike Rahn, Chairman

      Jason Bearden, Second Vice-Chairman George W. Kruse, Third Vice-Chairman Amanda Ballard

      Dr. Bob McCann


      One Member seat is vacant

      Absent was:

      Tal Siddique


      Also present were:

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

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


      1. CALL TO ORDER

        Chairman Rahn called the meeting to order at 9:03 a.m.

        AGENDA PA20260324DOC001

      2. PUBLIC COMMENTS (All Agenda and non-Agenda Items)

        There being no citizen comments, Chairman Rahn closed citizen comments.

        ITEMS PULLED FROM CONSENT AGENDA

        No items were pulled from the Consent Agenda.

      3. CONSENT AGENDA PA20260324DOC002

        A motion was made by Member Kruse, seconded by Member Ballard, and carried 5 to 0, with Member Siddique absent, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda.

        1. WARRANT LIST

          Accepted Warrant Listing from January 16, 2026, to March 12, 2026 PA20260324DOC003

        2. MINUTES

          Approved the Minutes of January 27, 2026

        3. BUDGET AMENDMENT

          Adopted Budget Resolution PA-26-08, budgeting the following:

          • $10,375,000 in PIDP (Port Infrastructure Development Program) Funds administered by U.S. DOT MARAD (Department of Transportation Maritime Administration) Grant Program and $654,706 in Port cash. The project supports planning, permitting, and engineering design for the full

            MARCH 24, 2026 (Continued)

            reconstruction of Berths 6, 7, 8, 10, and 11. The funding also provides for the design of toe walls (or comparable structures) at Berths 4, 5, 9, 12, and 14 to accommodate future Port-wide deepening activities;

          • $13,000 in Port cash for repairs to the roof ridge cap on Warehouse 2 and the replacement of damaged dome covers protecting the security cameras. The repairs address damage sustained during Hurricane Milton; and

          • $107,017 in Port cash will provide additional funding for the Warehouse 8 pallet rack system, including required changes to rail elevations and the installation of a fire suppression system PA20260324DOC004

        4. DELETION OF PORT ASSETS

          Authorized deletion of assets as listed on attached Asset Deletion – March 24, 2026, from the Fixed Assets Listing PA20260324DOC005

        5. PORT MANATEE TARIFF NO. 3, ITEM 445

          Approved the revised wording to Port Manatee Tariff No. 3, Item 445, to include crane technician labor rates provided by Port staff PA20260324DOC006

        6. U.S. DOT PIDP PLANNING GRANT FOR PORT BERTHS

          Approved and authorized Chairman to execute U.S. Department of Transportation (USDOT) Maritime Administration (MARAD) Grant Agreement under FY 2024 Port Infrastructure Development Program (PIDP) Grant 693JF72540027 in the amount of

          $10,375,000, for Berth reconstruction engineering and permitting. The Project includes completing Federal National Environmental Policy Act (NEPA) reviews, securing required permits, and advancing engineering design for Berths 6, 7, 8, 10,

          and 11, and provides for the design of toe walls at Berths 4, 5, 9, 12, and 14, to accommodate future Port-wide deepening efforts (Required local match

          $2,618,824) PA20260324DOC007

        7. WAREHOUSE 12, PHASE I ADDITIONAL SERVICES

          Approved and authorized Chairman to execute Professional Services Authorization 26-03 to AECOM Technical Services, Inc., for additional services in the amount of

          $18,817, for construction-duration extension, and final inspection site revisit, for a total contract value of $749,809 PA20260324DOC008

        8. WAREHOUSE 4 AND O&M BUILDING ROOF REPLACEMENT AND REPAIR

          Approved and authorized Chairman to execute Piggybacking Agreement for Roofing Products, Services, and Job-Order-Contracting Services, Contract MCPA-PBA-26-01 with Weatherproofing Technologies, Inc., to complete roof replacement and repair at Warehouse 4 and the Operations & Maintenance (O&M) Building, for a total cost of $1,497,365.64 PA20260324DOC009

          (End Consent Agenda)


      4. EXECUTIVE DIRECTOR COMMENTS

        Carlos Buqueras, Executive Director, submitted the March 2026 SeaPort Finance Report with the latest news and updates. PA20260324DOC010

      5. PORT AUTHORITY MEMBER COMMENTS

      There were no Member comments.

      ADJOURN

      There being no further business, Chairman Rahn adjourned the meeting at 9:05 a.m. Minutes Approved:                     

      April 21, 2026


      CONSENT

      AGENDA ITEM 3.C: BUDGET RESOLUTION BACKGROUND:

      This resolution budgets the following:


      • Reallocates FDOT funding in the amount of $1,964,118 from Grant G3200, originally designated for the Berth 4 Rehabilitation Project, to the Berth Planning Project. These funds will support the design of toe walls, or comparable structures, at Berth 4 to accommodate future deepening activities. The funding also provides for the design of toe walls (or comparable structures) at Berths 5, 9, 12, and 14 to accommodate future deepening activities. This amount completes the non-federal required local match of

      $2,618,824.

      As approved on March 24, 2026, The U.S. Department of Transportation (USDOT) has awarded the Authority a $10,375,000 planning grant to support engineering and permitting for the berth reconstruction program (U.S. DOT MARAD – PIDP grant) and

      $654,706 in Port cash approved as local match.


      ATTACHMENT:


      Budget Resolution PA-26-09


      COST AND FUNDING SOURCE:

      Budgets are $1,964,118 FDOT

      CONSEQUENCES IF DEFERRED:

      Delay in budget allocations.


      LEGAL COUNSEL REVIEW: N/A


      RECOMMENDATION:


      Move to adopt Budget Resolution PA-26-09.

      RESOLUTION PA-26-09 AMENDING THE ANNUAL BUDGET

      FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2025-2026


      WHEREAS, Sections 129.06 and 180.016, Florida Statutes, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:


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


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


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


      NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2025-2026 budget is hereby amended in accordance with Section 129.06 and 180.016, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


      Item No.

      Batch ID No.

      Reference No.

      1

      BAAL042126A/B

      BU26000379


      ADOPTED with a quorum present and voting this on the 21St day of April 2026.

      ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

      CLERK OF CIRCUIT COURT


      By:                                   

      BUDGET AMENDMENT RESOLUTION NO. PA-26-09 AGENDA DATE: April 21, 2026


      1) Fund: FDOT G3200


      Section: Berth Planning


      Description: Reallocates $1,964,118 from the Berth 4 Rehab project G3200 to the Berth Planning project for the design of toe walls at Berth 4 and to accommodate future deepening activities.


      Batch ID: BAAL042126A/B Reference: BU26000379

      April 21, 2026


      CONSENT

      AGENDA ITEM 3.D: DELETION OF PORT ASSETS BACKGROUND:

      Several old, obsolete assets that are no longer in use and are uneconomical to upgrade or repair are considered surplus and should be removed from the Manatee County Port Authority Fixed Assets Listing. The surplus assets will be offered for public bid, auctioned, destroyed, and/or E-scrapped.


      ATTACHMENT:


      Asset Deletion – April 21, 2026


      COST AND FUNDING SOURCE:


      N/A.


      CONSEQUENCES IF DEFERRED:


      Delay in updating property records.


      LEGAL REVIEW: N/A


      RECOMMENDATION:


      Remove assets as listed on the attached Asset Deletion – April 21, 2026, from the Fixed Assets Listing.

      Asset Deletion - April 21, 2026



      Asset #


      Description


      Serial/VIN#

      Date

      Purchased


      Cost

      Remaining

      Book Value


      Status

      32866

      WHEEL LOADER, JOHN DEERE

      DW544GB551479

      06/14/95

      $ 82,945.22

      $ -

      Possible Trade In

      37151

      FORKLIFT, CAT V110F

      1FK00576

      4/30/1998

      $ 24,900.00

      $ -

      Inoperable

      41647

      TRUCK, 1999 FORD F250 PICK UP-

      1FTNX20S0XED79996

      10/18/2000

      $ 19,950.00

      $ -

      Inoperable

      X45158

      TRUCK, 2003 CHEVEROLET SILVERADO 3500

      1GBJC34193E302754

      8/8/2017

      $ -

      $ -

      Inoperable

      X46354

      TRUCK, 2004 CHEVY C3500

      1GBJC34274E385630

      1/23/2018

      $ -

      $ -

      Inoperable

      X47437

      VAN, 2005 GMC SAVANNA CARGO WORK

      1GTGG25U051208396

      6/21/2017

      $ -

      $ -

      Inoperable

      50526

      VAN, 2007 CHEVY CARGO

      1GCGG25V071206501

      04/30/07

      $ 18,677.65

      $ -

      Inoperable

      64249

      FLEX WING MOWER, 2019 RHINO 4155

      40423

      12/17/2019

      $ 17,925.25

      $ 7,169.98

      No longer use

      65346

      MOWER, HUSQVARNA 72IN

      102418F001258

      10/1/2019

      $ 11,500.00

      $ 4,600.00

      Possible Trade In

      65347

      MOWER, HUSQVARNA 72IN

      102418F001259

      10/1/2019

      $ 11,500.00

      $ 4,600.00

      Possible Trade In

      68421

      MOWER, 2014 BUSH HOG 3810, 10' BATWING

      12-10025

      6/28/2023

      $ -

      $ -

      Inoperable

      69073

      HARBOR CRANE, 1997 GOTWALD

      12827800

      8/15/2024

      $ 500,000.00

      $ 450,000.00

      Inoperable






      $ -


      April 21, 2026


      CONSENT

      AGENDA ITEM 3.E: CERTIFICATION OF LANDS – NEW WEIRS IN

      UPLAND DISPOSAL AREA


      BACKGROUND:


      As provided by the terms of the Project Cooperation Agreement (PCA) between the Department of the Army and the Manatee County Port Authority dated March 31, 1995, the Authority agreed to provide all lands, easements and rights-of-way required for the Manatee Harbor, Florida Navigation Project. As part of that Project, the Department of the Army needs access to the right-of-way to the north of Harlee Road for the purpose of installing a new weir at the Dredge Material Management Area (DMMA). While the Port owns most of the lands necessary for the installation of the new weir, Manatee County owns the right-of-way to the north of Harlee Road. At its 4/21 meeting, the Manatee County Board of County Commissioners will consider providing the Port a temporary easement over the right-of-way area to allow the Department of the Army access to install the new weir at the DMMA at Port Manatee in accordance with the Project. The Department of the Army requires land certification from the Authority prior to commencement of the project.


      ATTACHMENTS:


      Certification of Lands with Exhibit A


      COST AND FUNDING SOURCE: N/A


      CONSEQUENCES IF DEFERRED:

      Delay in commencement of installing new weirs


      LEGAL COUNSEL REVIEW: Yes


      RECOMMENDATION:


      Move to approve and authorize the Chairman to execute a Certification of Lands between the Department of the Army and the Manatee County Port Authority for installing new weirs at the Dredge Material Management Area, contingent upon the Board of County Commissioner’s approval of a temporary construction easement to be presented at the BOCC meeting on April 21, 2026.

      CERTIFICATION OF LANDS


      Certificate Number: (if applicable)

      Project Name: Manatee Harbor, Florida Navigation Project

      Segment:


      The Manatee County Port Authority, as Project Sponsor of the Manatee Harbor, Florida Navigation Project (“Project”), authorized by Section 201 of the Water Resource Development Act of 1986, Public Law 99-662, by Section 102(j) of the Water Resource Development Act of 1990, Public Law 101-640, and by section 156 of the Energy and Water Appropriations Act, 2004, Public Law 108-37, under a Project Cooperation Agreement dated March 31, 1995 and as subsequently amended, does herby certify that the below described lands where the Dredge Material Management Area (DMMA) as depicted on the attached map are dedicated to the Project and shall not be conveyed, transferred, or otherwise altered or encumbered during the Project in a manner that would limit the Department of the Army’s irrevocable right to enter the lands as described below, without the express written consent of the Department of the Army acting by and through the Assistant Secretary of the Army for Civil Works or his designated representative.


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


      The Manatee County Port Authority does hereby grant to the Department of the Army an irrevocable right to enter for purposes of construction, inspection and, if necessary, for the purpose of completing, operating, repairing, maintaining, replacing, or rehabilitating the Project upon the DMMA as depicted on the attached map, which the Manatee County Port Authority owns or controls for the Project.


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


      Manatee County Port Authority owns the land (that portion depicted as the green area on the attached) in fee simple.


      Manatee County Port Authority obtained a temporary construction easement to allow access in the right-of-way to the north of Harlee Road (that portion depicted

      as the pink area depicted on the attached) for the purpose of installing a new weir at the DMMA at Port Manatee in accordance with the Project.


      ATTEST:

      ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

      Clerk of Circuit Court


      By:                                             By:                                             Printed:                                      Chairman


      Dated:                  


      PROJECT SITE

LOCATION MAP

CORPS OF ENGINEERS

Exhibit A

U.S. ARMY


593100209

´


LEGEND

Disposal Material Management Area

Temporary Work Area Easement Required in R/W Port Authority Property


2059700359


2059700359


THIS MAP IS FOR REFERENCE PURPOSES ONLY.

THIS MAP IS NOT INTENDED TO REPRESENT A BOUNDARY SURVEY OR IMPLY OWNERSHIP.


CORPS OF ENGINEERS, U.S. ARMY

SOUTH ATLANTIC DIVISION, JACKSONVILLE DISTRICT

JACKSONVILLE, FLORIDA


REAL ESTATE

MANATEE HARBOR

FY26 PROJECT LANDS REQUEST MAP MANATEE COUNTY, FLORIDA


150


SCALE:

75 0


1 INCH = 150 FEET

150


300

Feet


SUBMITTED BY:

DEAN DeVANE, RE-CADASTRAL REVIEWED BY:


SHEET 1 OF 1

DATE REVISED: 05 MARCH 2026

CHARLES HOWES, REALTY SPECIALIST

EXHIBIT: LANDS REQUEST

Page 3 of 3

Document Path: C:\Users\k3repdd9\OneDrive - US Army Corps of Engineers\Desktop\USACE Projects\Manatee Harbor\FY26 LR DMMA Site Manatee HarEbR 4o0r5.-1m-20x0 d


ENG. FORM 1456-C 1 NOV 65

April 21, 2026


CONSENT AGENDA ITEM 3.F.:


SECOND AMENDMENT TO PORT MANATEE AND AGUNSA MANATEE TERMINAL, LLC CONSOLIDATED LEASE


BACKGROUND:

On August 22, 2023, the Authority approved the Original Port Manatee and Agunsa Manatee Terminal, LLC (Agunsa) Consolidated Lease, and the First Amendment on June 20, 2024.

Port Manatee and Agunsa Manatee Terminal, LLC (Agunsa) are requesting the Authority to approve Second Amendment of Agunsa’s Consolidated Lease amending for the following:

  1. Addition of Berth 4 Laydown Area - Add the Berth 4 Laydown Area, consisting of 23,400 square feet as identified in Exhibit K of the agreement, to the lease for the term April 1, 2026 through March 31, 2030. Rental amount will be $18,000 per month, with $9,000 per month being credited throughout the term, for a total not to exceed $432,000. This credit is being provided in recognition of the repairs that Agunsa is undertaking to the A-frame warehouse located on the 7-acre parcel which sustained damage from Hurricane Milton.


  2. Insurance Proceeds for A-Frame Warehouse Repairs - Port Manatee will wire to Agunsa the insurance proceeds associated with the A-frame warehouse for a total of $235,000. These funds will serve as the Port’s contribution toward the rebuilding and repair of the facility.


    ATTACHMENT:

    Second Amendment to Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease


    COST AND FUNDING SOURCE:

    N/A


    CONSEQUENCES IF DEFERRED:

    Delay in approving the second amendment


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:

    Move to approve and authorize the Chairman to execute Second Amendment to Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease

    SECOND AMENDMENT TO PORT MANATEE AND AGUNSA MANATEE TERMINAL, LLC CONSOLIDATED LEASE

    This Second Amendment to Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease (“Second Amendment”) is made and entered into this    day of           , 2026, by and between Manatee County Port Authority, a political entity of the State of Florida, whose principal place of business is located at Port Manatee, 300 Tampa Bay Way, Suite One, Palmetto, Florida 34221 (“Authority”), and Agunsa Manatee Terminal, LLC, a limited liability company duly organized and existing under the laws of the State of Florida, with a principal place of business located at 1200 Brickell Ave, 4th Floor, Miami, FL 33131 (“Lessee”) (collectively referred to as the “Parties”).


    RECITALS


    1. The Authority and Lessee’s predecessor in interest, Agunsa Manatee Terminal, LLC, a New York limited liability company with a principal place of business located at 304 National St, Palmetto, FL 34221, entered into that certain Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease on August 22, 2023, as amended by that certain First Amendment to Port Manatee and Agunsa Manatee Terminal, LLC Consolidated Lease dated June 20, 2024 (collectively, the “Lease Agreement”).


    2. On October 9, 2024 Hurricane Milton made landfall near and causing damage to the property subject to the Lease (“Hurricane Damage”).


    3. As a result of the Hurricane Damage, the Parties have recognized a need to amend the Lease Agreement to provide for necessary repairs to the certain A-frame warehouse on the 7-acre Parcel that is the subject of the Lease and to lease additional lands (Berth 4 Laydown Area).


    4. Lessee is committed to repair the A-frame warehouse and the Authority is providing the insurance proceeds it received for the A-frame warehouse damage and rental credits to assist with the repair costs.


    5. All capitalized terms used in this Second Amendment, which are not otherwise defined in this Second Amendment, shall have the same meaning as set forth in the Lease Agreement.


    6. The Parties desire to amend the Lease Agreement to recognize the Hurricane Damage as set forth in Second Amendment and incorporate additional lands into the demised premise.


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

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


      2. Amendment to Section 2. Section 2, “DEMISED PREMISES”, of the Lease Agreement is amended to read as follows:


        2. DEMISED PREMISES. The Authority does demise, let and rent unto the Lessee and the Lessee shall hire and take as tenant approximately 10 acres of real property located in Manatee County, Florida identified as a portion of Port Manatee, the legal description of which is attached and made a part of this Lease as Exhibit "A," with the office trailer and conveyor defined in the paragraph of this Lease entitled "Conveyor System" located on said property, (hereinafter the "10-acre Parcel"), to have and to hold the same for the terms set forth below.


        The Authority does demise, let and rent unto the Lessee and the Lessee shall hire and take as tenant the Mooring Area which is defined as the south edge of the south end of the south channel and along the west edge of the south channel at the south end of Berth 14 as depicted and made part of this Lease as Exhibit "D" (hereinafter the “Mooring Area”), to have and to hold the same for the terms set forth below.


        The Authority does demise, let and rent unto the Lessee and the Lessee shall hire and take as tenant 7 acres of real property, the legal description and sketch of which is attached and made a part of this Lease as Exhibit "F", with the grinding mill, office space, A-frame warehouse, silos, garage complex, metal storage building conveyance system and other structures located on said property, (hereinafter the "7-acre Parcel") to have and to hold the same for the terms set forth below. The Lessee acknowledges its receipt of Phase I Environmental Site Assessment prepared for Argos USA Port Manatee Facility by Montrose Environmental dated July 11, 2019 (Montrose Project Number 048RC-621059) ("Report"), that Lessee (or its agent) has taken the Report's recommended remediation steps for the 7-acre Parcel and accepts the 7-acre Parcel in its current "As Is-Where Is" condition. As of the Effective Date, approximately 5 truckloads of material that was removed from the shed on the 7-acre Parcel, is stacked on the 7-acre Parcel and in need of disposal. Lessee agrees to properly dispose of removed material within 7 days from the Effective Date and provide a copy of the manifest demonstrating proper disposal to the Authority.


        The Authority does demise, let and rent unto the Lessee and the Lessee shall hire and take as tenant an additional 10 acres of real property located in Manatee County, Florida, identified as a portion of Port Manatee, the legal description of which is attached, incorporated by reference and made a part of this Lease as Exhibit "G" (hereinafter the “Bay Street North Parcel"), to have and to hold the same for the terms set forth below.


        The Authority does demise, let and rent unto the Lessee and the Lessee shall hire and take as tenant Warehouse 3 (including the office space located therein), located in Manatee County, Florida, identified as a portion of Port Manatee, the legal description of which is

        attached, incorporated by reference and made a part of this Lease as Exhibit "I" (hereinafter "Warehouse 3"), to have and to hold the same for the terms set forth below.


        The Authority does hereby demise, let, and rent unto the Lessee, and the Lessee shall hire and take as tenant approximately 2.015 acres of real property located in Manatee County, Florida identified as a portion of Port Manatee, the legal description of which a demonstrative sketch is attached and made a part of this Lease as Exhibit “J” (hereinafter “2.015-acre Parcel”), to have and to hold the same for the terms set forth below.


        The Authority does hereby demise, let, and rent unto the Lessee, and the Lessee shall hire and take as tenant approximately 23,400 square feet of real property located in Manatee County, Florida identified as a portion of Port Manatee, the legal description of which a demonstrative sketch is attached and made a part of this Lease as Exhibit “K” (hereinafter “Berth 4 Laydown Area”), to have and to hold the same for the terms set forth below.


        The 10-acre Parcel, Mooring Area, 7-acre Parcel, Bay Street North Parcel, Warehouse 3, 2.015-acre Parcel, and Berth 4 Laydown Area described above will be collectively referred to as the "demised premises." In accordance with the Master Plan, the Authority agrees, covenants, and warrants the Lessee to peacefully occupy, have, use, hold and quietly enjoy the demised premises subject to the provisions of this Lease. The 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 Port Manatee. The demised premises are leased and accepted by Lessee in its current "As Is-Where Is" condition with 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.


      3. Amendment to Section 4. Section 4, “TERM”, of the Lease Agreement is amended to read as follows:


      4. TERM. The duration or term of this Lease for the 10-acre Parcel commences on May 1, 2024, and terminates on September 30, 2034 ("Initial Term"), unless otherwise extended as provided in this Lease.


        The duration or term of this Lease for the Mooring Area commences on May 1, 2024, and terminates on September 30, 2034. If any vessel, including but not limited to barges, remains in the Mooring Area after the expiration or termination of the term of the Mooring Area, it will result in a tenancy at will, in accordance with the paragraph of this Lease entitled "No Holding Over."


        The duration or term of this Lease for the 7-acre Parcel commences on May 1, 2024, and terminates on September 30, 2034.

        The duration or term of this Lease for the Bay Street North Parcel commences on May 1, 2024, and terminates on September 30, 2034 ("Initial Term for Bay Street North Parcel").


        The duration or term of this Lease for Warehouse 3 commences on May 1, 2024, and terminates on September 30, 2034.


        The duration or term of this Lease for the 2.015-acre Parcel commences on May 1, 2024, and terminates on September 30, 2034.


        The duration or term of this Lease for the Berth 4 Laydown Area commences on April 1, 2026, and terminates on March 31, 2030.


        The term of this Lease for all of the demised premises except the Berth 4 Laydown Area, may be extended for three (3) ten-year extensions. To extend the term, the Lessee must notify the Authority in writing no later than 60 days prior to the expiration of the then existing term of this Lease and the Authority must consent to the extensionas evidenced by mutual written agreement of the Parties executes with the same formality as this Lease. As used herein, a “year of this Lease” or “Lease year” means each consecutive twelve (12) month period commencing on the Effective Date and the Authority consents to each anniversary extension. As used herein, “Term” means the Initial Term and any extension thereto.


        The Term of the Berth 4 Laydown Area may be renewed for one (1) additional term beginning April 1, 2030 through September 30, 2034 upon the mutual written agreement of the Parties.


        1. Amendment to Section 5. Section 5, “RENT”, of the Lease Agreement is amended to read as follows:


      5. RENT. The 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 on the first day of the month.


10-Acre Parcel – The rent for the 10-acre Parcel is as follows:


2028 to September 30, 2034 and any extension through September 30, 2064, should the Lessee exercise its option to extend the duration or term for the Mooring Area as set forth in the paragraph of this Lease entitled "Term," the amount of the annual 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 three percent (3%) in any one

(1) year lease period. 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 fifth lease year. For example, if the Lease commencement date is October 1, 2028, the adjustment for the annual rental due on October 1I, 2029, will be calculated by using the index published for the most recent month available prior to October 1, 2028, and comparing it to the index published for the same month of the year 2029 subject to the 3% percent cap. The index to be used will be the most recently published U. S. Department of Labor, All Urban Consumer Price Index. Annual rent must never be less than $3,500 per month and will only increase in accordance with the above formula.


The Port Manatee Tariff in effect will be assessed for all charges for dockage, wharfage, line handling, water, security and harbor master fees when any of the barges makes fast to any of the Port's berths.

7-Acre Parcel - The rent for the 7-acre Parcel is as follows:



Should the Lessee exercise its option to extend the duration or term for the Bay Street North Parcel as set forth in the paragraph of the Lease entitled "Term- the annual rent for each year during the extended term(s) will be an amount equal to ten percent (10%) of the fair market value of the Bay Street North Parcel as determined by the most recent appraisal obtained by the Authority of the fair market value of all of the real property at Port Manatee in accordance with the paragraph of the Lease entitled "Appraisals," but will not exceed twenty-five percent (25%) of annual rent paid during the preceding five-year period.


To determine the cargo stored at the Bay Street North Parcel for the purposes of calculating the rent payable to the Authority, the Lessee shall allow the Authority, in the manner the Authority elects, to inspect the Bay Street North Parcel upon at least forty-eight (48) hours prior written notice to the Lessee. If the Authority determines, at the Authority's sole and absolute discretion, that cargo is being stored on the Bay Street North Parcel, the rent owed to the Authority shall be adjusted the month following the inspection according to the terms specified in this section. There shall be no limit on the number of inspections the Authority may conduct under this section of the Lease.


Warehouse 3 (30,129.44 square feet in Warehouse 3, which excludes the office space)


Should the Lessee exercise its option to extend the duration or term for the Warehouse 3 beyond September 30, 2034, as set forth in the paragraph of this Lease entitled "Term," the annual rent for each year during the extended term(s) will be an amount equal to ten percent (10%) of the fair market value of the Warehouse 3 as determined by the most recent appraisal obtained by the Authority of the fair market value of all of the real property at Port Manatee in accordance with the paragraph of this Lease entitled "Appraisals," but will not exceed twenty-five percent (25%) of annual rent paid during the preceding ten-year period.


2.015 acre Parcel - The rent for the 2.015 acre Parcel is as follows: $2,650.21 per month from May 1, 2024 to September 30, 2028. From October 1, 2028 to September 30, 2034, the annual rent for each year will be as follows: determined by multiplying the annual rent by the percentage of change in the most recently published U.S. Department of Labor All Urban Consumer Price Index (“CPI-U”), all items, not to exceed three percent (3%) 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 October 1, 2028, the adjustment for the annual rental due on October 1I, 2029, will be calculated by using the index published for the most recent month available prior to October 1, 2028, and comparing it to the index published for the same month of the year 2029 subject to the 3% percent cap. The index to be used will be the most recently published U. S. Department of Labor, All Urban Consumer Price Index. Annual rent must never be less than $2,650.21 per month and will only increase in accordance with the above formula.


Should the Lessee exercise its option to extend the duration or term for the 2.015-acre Parcel beyond September 30, 2034, as set forth in the paragraph of this Lease entitled "Term," the annual rent for each year during the extended term(s) will be an amount equal to ten percent (10%) of the fair market value of the 2.015-acre Parcel as determined by the most recent appraisal obtained by the Authority of the fair market value of all of the real property at Port Manatee in accordance with the paragraph of this Lease entitled "Appraisals," but will not exceed twenty-five percent (25%) of annual rent paid during the preceding ten-year period.


Berth 4 Laydown Area – The rent for the Berth 4 Laydown Area is as follows: $18,000 per month from April 1, 2026 to March 31, 2030, with $9,000 per month being credited from April 1, 2026, to March 31, 2030, for a total not to exceed $432,000, in recognition of the repairs Lessee is making to the A-frame warehouse located on the 7-Acre Parcel.


Should the Lessee exercise its option to extend the duration or term for the Berth 4 Laydown Area through September 30, 2034, as set forth in the paragraph of this Lease entitled "Term”, the monthly rent will be set as follows:



  1. Amendment to Section 8. Section 8, “IMPROVEMENTS”, of the Lease Agreement is amended to read as follows:


    1. IMPROVEMENTS. The Lessee may construct, install or locate upon the demised premises and operate any improvements consistent with the paragraph of this Lease entitled "Purpose." The Lessee shall submit to the Authority for approval the plans and specifications 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 Port Manatee and do not conflict with any of the activities and facilities at Port Manatee in accordance with the following timeframes:

      • 5 business days (if no additional information is required) for any improvement under $50,000 in value that does involve building construction; if additional information is required, such request will be made within 5 business days and a determination will be made 5 business days after receipt of sufficient additional information.


      • 10 business days (if no additional information is required) for any improvement over $50,000 in value that does not involve building construction; if additional information is required, such request will be made within 10 business days and a determination will be made 10 business days after receipt of sufficient additional information.


      • 20 business days (if no additional information is required) for any building construction proposed; if additional information is required, such request will be made within 20 business days and a determination will be made 20 business days after receipt of sufficient additional information.


    The Lessee shall not commence the construction or installation of any improvements without approval by the Authority, and 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 Port Manatee, do not conflict with any of the activities and facilities at Port Manatee, and for which the County of Manatee, a subdivision of the State of Florida, is willing to issue a building permit, construction permit, development order, or other appropriate approval for the construction of the particular improvement or improvements. The Lessee is solely responsible for compliance with the Florida Building Code, any other applicable laws, and making the improvements safe. Before Lessee commences use of the improvements, the Lessee shall furnish in a format specified by the Authority at least one complete set of the as-built or record drawings and specifications for the completed improvements to indicate the extent, location, and size for the records of the Authority in connection with operations at Port 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. 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 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 Authority construction projects.

    In an effort to expand its operations, Port Manatee agrees to install Mooring Facilities, which are fourteen (14) bare steel 45' long, 24" diameter, 1/2” wall piles at 60' spacing in lines along south and west sides to the north end of the mangroves, at 6' water depth, extending 12' above mean water level, with 25' embedment along the south edge of the south end of the south channel and along the west edge of the south channel at the south end of Berth 12 as depicted in Exhibit "E." In support of this improvement, Lessee shall pay the Authority a one-time payment of $50,000 for the improvement, by no later than the Port Authority's award of a contract for construction of the Mooring Facilities within the Mooring Area. During the term of this Lease, Lessee shall be responsible for any and all maintenance and repair for the Mooring Facilities.


    The Lessee shall make the improvements identified in Exhibit H to the Bay Street North Parcel within one (1) year or sooner from December 31, 2021 (“Bay Street North Parcel Improvement Deadline”). The Lessee shall provide evidence of: 1) the costs of the improvements identified in Exhibit H through invoices and 2) payment of those invoices. The improvements identified in Exhibit H to the Bay Street North Parcel shall not exceed Two Million Dollars ($2,000,000.00) without the Authority's written approval. Once the improvements identified in Exhibit H to the Bay Street North Parcel are made, the Lessee shall insure such improvements in accordance with the paragraph of the Lease entitled "Insurance."


    Before July 1, 2022, the Lessee shall repair the office building roof of the office at the Bay Street North Parcel by coating the entire roof in EverSeal and the purchase of stormwater credits associated with the new 48,000 square foot warehouse to be constructed on the 10-acre Parcel, (collectively the"Warehouse 3 Credit Improvements"). The Lessee must first obtain approval of the Authority in accordance with this paragraph entitled "Improvements" of the Lease.


    Before April 30, 2027, the Lessee shall repair the A-frame warehouse on the 7-acre Parcel in accordance with Exhibit “L”, Repairs on the A-frame, at Lessee’s cost. Within 45 days from the date the Authority executes the Second Amendment, the Authority will wire the insurance proceeds it received for the A-frame warehouse in the amount of $235,000 to Lessee to be used in repairing the A-frame warehouse. Further, the Authority has contributed to the Repairs on the A-frame through the rent credits provided to the Berth 4 Laydown Area, as described in the paragraph entitled “Rent” of this Lease.


  2. Creation of Exhibit “K”. A demonstrative sketch and legal description of the Berth 4 Laydown Area is attached to and made a part of the Lease as Exhibit “K”.


  3. Creation of Exhibit “L”. The scope of repairs to be made to the A-frame warehouse on the 7-Acre Parcel due to the Hurricane Damage is attached to and made part of the Lease as Exhibit “L”.

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


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


  6. Counterparts; Signatures. This Second Amendment will become effective April 1, 2026 (Effective Date), if it has been executed by all the undersigned. This Second 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 Second Amendment may be executed by electronic signature technology and such electronic signature shall act as the Parties’ legal signatures on this Second Amendment and shall be treated in all respects as an original handwritten signature.

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be duly executed as of                                                 .


THE AUTHORITY


ATTEST: ANGELINA “ANGEL” COLONNESO MANATEE COUNTY

Clerk of Circuit Court PORT AUTHORITY


By:                             

Signature (Date) Chairman


     day of                     , 2026


LESSEE

WITNESS #1: AGUNSA MANATEE TERMINAL LLC


Signature By:                          

Signature


Print Name                                                           

Print Name

WITNESS #2:


Title


Signature       day of                     , 2026


Print Name

Exhibit “K”


(Demonstrative sketch and legal description of the Berth 4 Laydown Area)


COMMENCE AT THE SE CORNER OF SECTION 1,TOWNSHIP 33 SOUTH, RANGE 17 EAST, MANATEE COUNTY FLORIDA; THENCE NORTH ALONG THE EAST LINE OF SECTION 1 A DISTANCE OF 1,888.65 FEET; THENCE WESTERLY ALONG THE CENTERLINE OF NORTH DOCK STREET AND THE EXTENSION OF NORTH DOCK STREET, 4,515.75 FEET; THENCE NORTH 454.80 FEET FOR THE POINT OF BEGINNING; THENCE WEST 130.0 FEET; THENCE NORTH 180.0 FEET; THENCE EAST 130.0 FEET; THENCE SOUTH 180.0 FEET TO THE POINT OF BEGINNING CONTAINS 0.54 ACRES


Exhibit “L”

(Repairs on the A-frame warehouse on the 7-Acre Parcel due to the Hurricane Damage)


The scope of the project is to demolish the existing warehouse and construct a similar facility. The new warehouse will be extended in length to the south by approximately 60-ft to make a total of an estimated 57,600 square feet of space. The new warehouse structure will be made of steel and designed in conformance with all codes and standards applicable to the location at SeaPort Manatee. The facility is also being designed to accommodate a tripper conveyor system, which will ensure proper material distribution throughout the entire building.

April 21, 2026


CONSENT

AGENDA ITEM 3.G: WAREHOUSE 8 PALLET RACK SYSTEM ADDED SERVICES


BACKGROUND:


On July 29, 2025, the Authority approved Workspace Technology, Inc. (WST) to supply and install a pallet rack system in Warehouse 8. The approval included a base bid of $442,346.87, an alternate bid of $463,235.11, and a 3% project contingency of $27,167.45, for a total authorized amount of $932,749.43.


During installation, Port staff were informed that the rack system required an integrated fire suppression system. DynaFire provided a proposal of $122,771.52 to install the required system, consistent with both the base and alternate rack configurations.


Initially, this cost was classified as an operational expense and fell within the Executive Director’s approval authority; therefore, a purchase order was issued. Upon further evaluation, the fire suppression system was determined to be capital in nature and was subsequently incorporated into the Rack System Project. Additional modifications were required, including elevation adjustments to ensure safe system operation, resulting in increased costs totaling $25,448.08. This increase causes the total project cost to exceed the procurement threshold, thereby requiring Board approval.


Port staff is requesting Authority approval of the two change orders in the amount of $25,448.08, for the additional work required in the amounts of $12,210.00 from WST and $6,180.00 from DynaFire and the additional 5% contingency of $7,058.08.


The total cost of the fire suppression system, inclusive of top rail elevation adjustments in Rooms 3 and 4 and contingency, is $148,219.60.


ATTACHMENT:


DynaFire Quotations

Workspace Technology Quotation


COST AND FUNDING SOURCE: Port Cash


CONSEQUENCES IF DEFERRED: Delay in commissioning the new rack system for

Warehouse 8 operations.


LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

  1. Authorize Change Order No.1 for an increase in the Purchase Order to Workspace Technology, Inc. in the amount of $12,821.10, comprised of $12,210.00 plus 5% contingency of $611.10, to lower the top rails of the racks in Rooms 3 and 4.

  2. Authorize Change Order No.1 for an increase in the Purchase Order to Dynafire in the amount of $12,627.00, comprised of $6,180.00 plus 5% contingency of $6,447.00 (including the contingency to the original operating approved cost), to remove and reinstall the fire suppression system of the top rails of the racks in Rooms 3 and 4.

WAREHOUSE 8 PALLET RACK SYSTEM ADDED SERVICES


Vendor

Description Amount

Dynafire

Fire Suppression System 122,771.52

Dynafire

Remove/Reinstall System of the Top Rails R3 &R4 6,180.00

Dynafire

Add 5% contingency 6,447.00 12,627.00

Workspace Technology Inc.

Add 5% contingency 611.10

Workspace Technology Inc.

Lower Top Rails- Rack System R3 & R4 12,210.00 12,821.10


Change Order No. 1 Change Order No. 1


141,161.52

7,058.08

148,219.60

25,448.08


F rom

D yn aF i re

3093 46th Ave N

St P etersb u rg F L 3371 4

407-830-6500

h ttp sl //d yn afi re< corr /


Qu ote N o.

Typ e P rep ared B y Created On Val i d U n ti l

20701 27

Rep ai r

H u gh P rescod 02/09/2026

04/30/2026

Qu ote F or

P ort M an atee

P ort M an atee +

300 Tarr p a B ay Way P al rr etto F L 34221


D escri p ti on of Work

Qu ote to l ower th e i n rack fi re sp ri n kl er p i p i n g 4 i n ch es (wareh ou se 8 cool er 3).


Servi ces to b e com p l eted

Sp ri n kl er

P er J oh n G l ass Wareh ou se 8 cool er 3


Th e top racks are too h i gh an d n eed to b e l owed 4"< Th i s rr ean s th at th e i n rack fi re sp ri n kl er systerr al so h as to b e l owered 4"< Th e fi re sp ri n kl er p i p e wi l l h ave to b e rerr oved an d th e rei n stal l ed after th e racks are l owed <


Cod e

P arts, L ab or, an d I tem s

Qu an ti ty

U n i t P ri ce

Total


� err o l ab or 2 tech s

8

$1 90< 00

$1 O 520< 00


Q n stal l l ab or 2 tech s

8

$1 90< 00

$1 O 520< 00

TRQ P CH ARG E SP KL R*

Tri p Ch arge Sp ri n kl er

1

$50< 00

$50< 00




G RAN D TOTAL

$3, 090. 00


F rom

D yn aF i re

3093 46th Ave N

St P etersb u rg F L 3371 4 407-830-6500

h ttp sl //d yn afi re: corr /


Qu ote N o.

Typ e P rep ared B y Created On Val i d U n ti l

20701 29

Rep ai r

H u gh P rescod 02/09/2026

04/30/2026

Qu ote F or

P ort M an atee

P ort M an atee +

300 Tarr p a B ay Way P al rr etto F L 34221


D escri p ti on of Work

Qu ote to l ower th e i n rack fi re sp ri n kl er p i p i n g 4 i n ch es (wareh ou se 8 cool er 4).


Servi ces to b e com p l eted

Sp ri n kl er

P er J oh n G l ass Wareh ou se 8 cool er 4


Th e top racks are too h i gh an d n eed to b e l owed 4": Th i s rr ean s th at th e i n rack fi re sp ri n kl er systerr al so h as to b e l owered 4": Th e fi re sp ri n kl er p i p e wi l l h ave to b e rerr oved an d th e rei n stal l ed after th e racks are l owed :


Cod e

P arts, L ab or, an d I tem s

Qu an ti ty

U n i t P ri ce

Total


� err o l ab or 2 tech s

8

$1 90: 00

$1 M 520: 00


O n stal l l ab or 2 tech s

8

$1 90: 00

$1 M 520: 00

TRO P CH ARG E SP KL R*

Tri p Ch arge Sp ri n kl er

1

$50: 00

$50: 00




G RAN D TOTAL

$3, 090. 00


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m




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"3

0

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109 Concord Drtvo

Casselbt!ny, FL 32707

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��";an.lhCelent may be chalpl ror any false alarm calt!lld by me arent or P"\I1n ?Ajf aeiina 'C .,,,_ •  ,.. s:stn' be trtt 1r

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�ayll\tlltT� . rmlew,g Client.of any oblip)on hinin;and may notify�Qfwmtnauan.

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sale d1Scrtllolll and llilS rNdO d!llgent elron:to s<lltdlMp��of theSenle&a.;..

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rnstallltlon or !he �. are lnen:ased. or If ad�lllanal tv;e,, r-. dra., orU1llity =-;-!':

an lmpostil, 111111 Dynaflte may, at an, ome. pass die same on to lhe Clfent. - WT ' -1r : nt CV-Ee 1 NaeMIN!anclfll an, Dlher ternis and Cllnlilfonsset rantihfflln. upan�'l or s,,zsz stnSnr be.w:c,t 111· be r 1 nnr  nmHC tv Clcc 11111 urn    <> the Cammeumne.111 Dai., l>.,naflre 111,y tnaea:,e die ReQ,dig Seria�IUNUIIIII! 81!11e •�·;-.,...... 111i•••11• ,.,,ll11• lllllflellE118UNA1.,.,,ie,,-

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,�(/t:dzd                                       1/13/2023

DYNANET WIRELESS ALARM MONITORING

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D : ated

PURCHASE ORDER TERMS AND CONDITIONS MANATEE COUNTY PORT AUTHORITY


PURCHASE ORDER. Manatee County Port Authority's (the "Authority") Purchase Order numbers must appear on all invoices and packing lists. Purchase Order numbers must show on all Bills of Lading, cartons, containers, etc.


QUALIFICATION. Vendors must qualify as a legal active federal assigned operating "Seller" (W-9).

PRICE. This order is not to be filled at a higher price than last charged or quoted unless so authorized in writing by the Authority1s Purchasing Division. Prices are F.O.B. destination unless otherwise specified and agreed to by the Authority. Any price change must be submitted for a Purchase Order Addendum/Change Order. Seller warrants that the Authority shall not be billed at prices higher than stated on this Purchase Order unless authorized by a Purchase Order Change Notice issued and signed by the Authority. Seller represents that the price charged for the goods or services covered by this order, is the lowest price charged by the Seller to the Authority of a class similar to the Authority under conditions similar to those specified in this order and the prices comply with applicable government regulations in effect at time of quotation, sale or delivery. Seller agrees that any price reduction made in items covered by this order subsequent to the placement of this order will be applicable to this order.

PROMPT PAYMENT. Payments shall be made in accordance with Florida's Prompt Payment Act, Sections 218.70 - 218.80 of the Florida Statutes.

INVOICING. Invoice(s) must be submitted to the billing address on the face of the Purchase Order. The invoice must state the Purchase Order Number, unit price(s), extension(s), Total and SIDP TO ADDRESS. Invoice(s) must have a clear remit to address for payment finalization.


DISCOUNTS. Delay in receiving an invoice, invoicing for materials shipped ahead of specified schedule, or invoices rendered with errors or omissions will be considered just cause for the Authority to withhold payment without losing discount privileges. Discount privileges will apply from the date of scheduled delivery, the date of receipt of goods, or the date of approved invoice, whichever is later.


INSPECTION. All materials ordered are subject to inspection and test by the Authority. The Authority shall have the right to reject or to require correction of material found not to conform to this Purchase Order. At the Authority's option, rejected material will be held for Seller's instruction and at Seller's risk or returned at Seller's expense. Payment for material prior to inspection shall not constitute the Authority's acceptance.


ENTIRE CONTRACT. The tenns and conditions stated herein shall constitute the entire contract between the Authority and Seller and no agreement or other understanding in any way modifying the same wiH be binding unless made in writing signed by a duly authorized representative of the Authority.

ACCEPTANCE/ENTIRE CONTRACT. Acceptance of this Purchase Order will be unqualified, unconditional and subject to and expressly limited by the Terms and Conditions. The Authority and Seller shall not be bound by additional provisions at variance herewith that may appear in the Seller's quotation, acknowledgment in force, or any other communication from Seller to the Authority unless such provision is expressly agreed to and confirmed in writing by the Authority through an amendment to these terms and conditions by the Authority. For any conflict between the Seller's quotation and the Terms and Conditions of this Purchase Order, the Terms and Conditions of the Purchase Order will prevail and govern.


DELIVERY. Time is of the essence in the filling of this order. No delays in shipment of material or rendition of services will be permitted except as authorized by the Authority in writing. Please notify the Authority at once of an anticipated delay. Excessive or unusual transportation charges caused by Seller's inability to deliver by specified date and in specified quantities shall be charged back to Seller. Right is reserved to cancel this order if the foregoing is not complied with. In the event of cancellation pursuant to this clause, the Authority may procure similar articles or services elsewhere or secure the manufacture and delivery of the articles by purchase order or otherwise, and Seller shall be liable to the Authority for any excess cost.

TERMS. All Purchase Orders are valid for one (1) fiscal year and/or until the Complete Order has been received in full upon receipt of the Order.


PACKING AND SHIPPING. All goods shall be packed, crated and braced to prevent damage or deterioration and classified on bills of lading in accordance with National Motor Freight or Uniform Freight Classification rules and regulations and carriers' tariffs. No charges shall be paid by the Authority for preparation, packing, crating, or cartage unless separately stated in the order. All shipments to be forwarded on one day to one address shall be consolidated and shipped to ensure lowest transportation charge. The Authority's count or weight shall be final and conclusive on shipments.

CHANGES AND CANCELLATION. The Authority may at any time by written order make changes in the materials or work ordered; including changes in drawings and specifications, or require additional work or materials. If such changes cause an increase or decrease in Seller's cost or in the time required for performance, an equitable adjustment shall be made and this order shall be modified in writing. Failure to agree to an adjustment shall not excuse the Seller from proceeding with this order as changed. The Authority reserves the right to cancel or suspend all or, from time to time, any undelivered or unexecuted portion of this order. Changes shall not be binding until agreed to in writing by the Authority.

ASSIGNMENT. Any assignment of the work to be completed, in whole or in part, or any other interest hereunder, without the Authority's written consent, except an assignment confined solely to monies due or to become due, shall be void. It is expressly agreed that any assignment of monies shall be void to the extent that it attempts to impose upon the Authority an obligation to the assignee additional to the payment of monies, or to preclude the Authority from dealing solely and directly with The Seller in all matters pertaining hereto, including the negotiation of amendments or settlements of amounts due.

WARRANTY. In addition to any warranty implied by fact or law, Seller expressly warrants all items to be free from defects in design, workmanship and materials; to conform strictly to applicable specifications, drawings, approved samples, if any; and to be fit and sufficient for the purpose intended, and to be merchantable. Such warranties, together with all other service warranties of Seller, shall run to the Authority. All warranties shall survive inspection, test, acceptance of and payment by the Authority. In the event of breach of warranty, the Authority may, at its option, either return for credit or require prompt correction or replacement of the defective or nonconforming material to the satisfaction of the Authority. In the event that Seller is unable to correct or replace the same, the Authority, at its elect, may correct or replace the same and Seller shall reimburse the Authority for the full cost of making such correction or replacement. All UCC implied and expressed warranties are incorporated into the Purchase Order and Seller shall transfer all warranties to the Authority.


VARIATION IN QUANTITY. The Authority assumes no liability for material produced, processed or shipped in excess of the amount specified in the Purchase Order.

RISK OF LOSS. Regardless of F.O.B. point, Seller agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury, or destruction shall not release Seller from any obligation hereunder.

INSURANCE. Seller agrees to maintain, and require its subcontractors to maintain (1) public liability and property damage insurance in amounts satisfactory to the Authority, to cover the obligations set forth above, and (2) Workman's Compensation Insurance covering all employees engaged in the performance of this order. Seller shall furnish to the Authority certificates evidencing such insurance. The Seller shall maintain insurance acceptable to the Authority in full force and effect throughout the term of this Purchase Order. The Authority further reserves the right to require Seller name the Authority as an additional insured under any insurance policy required to be maintained pursuant to any bid, Request For Qualifications or Request For Proposal document or any signed agreement between the Authority and Seller, all in the Authority's sole discretion.

INFRINGEMENT OF PATENTS, TRADEMARKS OR COPYRIGHTS. The Seller, inaccepting

this Purchase Order, agrees to assume liability for and indemnify, hold harmless and defend the Authority, its public officials, employees, attorneys, agents and representatives of, from, and against all liability and expense, including reasonable attorneys' fees and experts' fees, in connection with any and all claims, including claims for injunctive or equitable relief, and damages whatsoever for personal injuries or property damage, including loss of use, arising out of the Seller's violation or alleged violation of any third party's trade secrets, proprietary information, trademark, copyright, or patent rights in connection with Seller's licensing of any software, hardware, uploads or downloads delivered to the Authority pursuant to this Purchase Order and such obligation shall survive acceptance of the goods and payment thereof by the Authority.


INDEMNIFICATION. Seller is an independent contractor. Seller agrees to indemnify, defend and hold the Authority, its public officials, employees and agents, harmless from any and all costs, losses, expenses, damages, claims, suits, or any liability whatsoever, including attorney's fees, resulting from injury, including death, to person or damage to property arising out of or in any

manner connected with the performance of this order, whether arising out of, caused by or contributed to in whole or in part by the acts or omissions of Seller, or its subcontractors or their respective employees. Seller's liability hereunder shall include all attorney's fees and experts' fees and costs incurred by the Authority in the enforcement of this indemnification provision. This includes claims made by the employees of Seller against the Authority and Seller hereby waives its entitlement, if any, to immunity under Section 440.11 of the Florida Statutes. The obligations contained in this provision shall survive termination, cancellation or expiration of this Purchase Order and shall not be limited by the amount of any insurance required to be obtained or maintained under this Purchase Order. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which the Authority is entitled or the extent of any limitation of liability pursuant to Section 768.28 of the Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense the Authority may have under Section 768.28 of the Florida Statutes or as consent to be sued by third parties. The Authority does not agree to indemnify, defend, or hold harmless, the Seller in any manner.

INQUIRJES. Any inquiries relative to this Purchase Order should be directed to the Finance Department.


TAX EXEMPTION. The Florida State Sales Tax Exemption Number for the Authority is noted on the front of this Purchase Order. Federal Excise Tax Exemption Number is available by contacting the Finance Department. The District is exempt from Federal and State Sales, Use, and like taxes. The District's Florida State Sales Tax Exemption Number is noted on the front of this Purchase Order. Sellers doing business with the District are not exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the District, and are not authorized to use the District Tax Exemption Number in securing such materials.

CODE OF ETHICS. Section 112.313 of the Florida Statutes provides the ethical standards for Authority personnel; and unethical conduct by others including bidders and Sellers is grounds for debarment.


VENUE AND APPLICABLE LAW. This Purchase Order and its associated Terms and Conditions will be construed by and controlled under the laws of the State of Florida. Venue for the purposes of any suit, action or other proceeding arising out of, or relating to, this Purchase Order will be solely in the Twelfth Judicial Circuit in and for Manatee County, Florida for state actions and solely in the United States District Court for the Middle District of Florida, Tampa Division for federal actions.


COMPLIANCE WITH LAWS AND REGULATIONS. Seller certifies that all of the produets and services to be furnished under this Purchase Order and will be manufactured or supplied by the Seller in accordance with all applicable provisions of state, local and federal laws.


PERMITS/LICENSES. Seller is responsible for obtaining any permits/licenses necessary to complete the work covered by this Purchase Order, at its own expense, prior to starting any work under this Purchase Order.

FISCAL NON-FUNDING. In the event sufficient budgeted funds are not available for a new fiscal period, the Authority shall notify the Seller of such occurrence and this Purchase Order shall terminate on the last day of the current fiscal period without penalty or expense to the Authority.


OCCUPATIONAL SAFETY AND HEALTH. Seller represents that a11 goods and/or services sold or furnished to the Authority hereunder will comply with all applicable laws and governmental regulations relating to the occupational safety and health of employees, specifically including the Federal Occupational Safety and Health Act of 1970 and any rnles, regulations, standards or order issued thereunder, (herein collectively called "Occupational Safety and Health Requirements") and Seller agrees to indemnify and hold harmless the Authority against any claims, losses, damages, fines, penalties, costs and expenses suffered or incurred by the Authority as a result of any violation of or noncompliance with any Occupational Safety and Health Requirements caused or contributed to by the failure of such goods and/or services to so comply. Seller agrees upon request to furnish to the Authority any and all information regarding the ingredients of goods sold or furnished to the Authority hereunder and to comply with any other reasonable request of the Authority made in connection with the application of any Occupational Safety and Health Requirements to the Authority, its employees and property.

MATERIAL SAFETY DATA SHEET. In accordance with the Occupational Safety and Health Act's Hazardous Communications Standards, it is the Seller's duty to advise if a product is a toxic substance and to provide a Material Safety Data Sheet at the time of delivery.


PUBLIC RECORDS RESPONSIBILITIES. The Seller agrees to comply with the Florida Public Records Act, as applicable, including but not limited to Section 119.071 of the Florida Statutes. Pursuant to Section 119.0701 of the Florida Statutes, the Seller agrees to the Extent required by law to:


  1. Keep and maintain public records, as that term is defined in Chapter 119 of the Florida Statutes ("Public Records"), required by the Authority to perform the work contemplated by this Purchase Order;

  2. Upon request from the Authority's custodian of public records, provide the Authority with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;

  3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Purchase Order term and following completion of the contract if the Seller does not transfer the records to the public agency; and

  4. Upon completion of the contract, transfer, at no cost to the Authority, all public records in possession of the Seller or keep and maintain public records required by the Authority to perform the service. If the Seller transfers all public records to the Authority upon completion of the contract, the Seller shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Seller keeps and maintains public records upon completion of the Purchase Order, the Seller shall meet all applicable requirements for retaining public records.

Furthermore, the Seller agrees that all Public Records stored electronically must be provided to the Authority in a format that is compatible with the information technology of the Authority. Should the Seller receive a public records request, the Seller agrees to immediately (within 24 hours) notify the Authority of such request. If the Seller does not comply with a public records request, the Authority may pursue any and all remedies available in law or equity, including but not limited to specific performance.


IF THE SELLER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SELLER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS PURCHASE ORDER, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:


Public Records Custodian Manatee County Port Authority 300 Tampa Bay Way Palmetto, FL 34221-6608 Telephone: (941) 722-6621 Fax: (941)

729-1463

recordscustodian@seaportmanatee.com


PUBLIC ENTITY CRIMES. By accepting this Purchase Order, each Seller is confirming that neither the Seller nor its subcontractors have been placed on the convicted vendors list or the discriminatory vendor list as described in Sections 287.133 and 287.134, Florida Statutes.


Additionally, by engaging in business with the Authority, each Seller confirms their business entity is not on the Scrutinized Companies that Boycott Israel List as described in Section 287.135, Florida Statutes or engaged in a boycott of Israel. Sellers confirm they are not on any of the scrutinized company lists identified in Section 287.135, Florida Statutes or engaged in any such activity identified in that section. A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725 of the Florida Statutes or is engaged in a boycott of Israel.

NONDISCRIMINATION. During the performance of this Purchase Order, the Seller agrees as follows: (i) The Seller will not discriminate against any employee or applicant for employment because of race, creed, color, religion, age, marital status, disability, sex, sexual orientation, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Seller agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this

non-discrimination clause; (ii) The Seller will furnish all information and reports required by the Authority and will provide on request evidence to substantiate compliance with non-discrimination clauses of this Purchase Order; and (iii) In the event of the Seller's noncompliance with the clauses of this Purchase Order or with any of such rules, regulations, or orders, this Purchase Order may be canceled, terminated, or suspended in whole or in part, and the Seller may be declared ineligible for any future Authority Purchase Order.


TERMINATION. The Authority reserves the right to terminate the Purchase Order in whole or in part for default if the Seller fails to perform in accordance with any of the requirements of the Purchase Order. Any such termination will be without liability to the Authority except for completed items delivered and accepted by the Authority.

CAPTIONS. Captions have been provided for the benefit of the parties, and for reference only, and are not deemed to be a part of the agreement created.


SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of these Terms and Conditions are, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent and such holding shall not affect the validity of the remaining portion hereof.

SCRUTINIZED COMPANIES. By accepting this Purchase Order, pursuant to section 287.135, Florida Statutes, Seller certifies, represents, and warrants that: (a) it is not on the Scrutinized Companies with Activities in Sudan List, (b) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (c) it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, (d) that it does not have Business operations or is engaged in business in Cuba or Syria, and (e) that it is not engaged or engaging in a Boycott oflsrael, and that all such certifications were true at the time it accepted this Purchase Order. Notwithstanding anything contained in this Purchase Order to the contrary, the Authority may terminate this Purchase Order immediately for cause if: (1) Seller is found to have submitted a false certification regarding (a) - (e) above in accordance with section 287.135(5), Florida Statutes, (2) Seller is found to have been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is or has been engaged in Business operations in Cuba or Syria or a Boycott of Israel, or (3) Seller is found to have been placed on a list created pursuant to section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. Such termination shall be in addition to any and all remedies available to the Authority at law or in equity. The terms "Boycott oflsrael" and "Business operations" used in this section are defined as in Section 287. I35, Florida Statutes. The Lists referred to in this section are those Lists in and maintained pursuant to section 287.135, Florida Statutes.


FOREIGN COUNTRIES OF CONCERN. Pursuant to section 286.101, Florida Statutes, Seller shall disclose any current or prior interest of, any contract with, or any grant or gift received from a Foreign Country of Concern, as defined below, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. For purposes of this section, "Foreign Country of Concern" means the People's Republic of China,

the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern. Seller's disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or control1ed entity that is the source or interest holder. Seller represents that within one (1) year before proposing any contract to the Authority, Seller provided a copy of such disclosure to the Florida Department of Financial Services.


IDENTIFICATION DOCUMENTS. Seller agrees that Seller does not and will not, nor will it allow a subcontractor to, use any funds from the Authority for the purpose of issuing an identification card or document to any individual who does not provide proof of lawful presence in the United States.


E-VERIFY. Seller shall comply with all applicable provisions of sections 448.09 and 448.095, Florida Statutes, as may be amended. The definitions in section 448.095(1), Florida Statutes, as may be amended, apply to this section of the Purchase Order. Seller shall register with and use the

U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all employees of Seller. Seller may not enter into a contract with a subcontractor to perform work under this Purchase Order unless and until the subcontractor registers with and uses the E-Verify system. If Seller enters into a contract with a subcontractor to perform work under this Purchase Order, Seller must obtain a properly executed affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Seller must maintain copies of all such affidavits for the duration of this Purchase Order. The Authority may terminate this Purchase Order for cause if the Authority determines that Seller or Seller's subcontractor has not complied with any applicable provision of sections 448.09 or 448.095, Florida Statutes, as may be amended. The Authority will terminate this Purchase Order for cause if the Authority has a good faith belief that Seller has knowingly violated subsection 448.09(1), Florida Statutes, as may be amended. If the Authority has a good faith belief that a subcontractor knowingly violated section 448.09(1), Florida Statutes, as may be amended, but the Authority detennines that Seller otherwise complied with section 448.09(1), Florida Statutes, as may be amended, the Authority will notify Seller as such, and Seller must immediately terminate Seller's contract with said subcontractor. If this Purchase Order is terminated under section 448.095(c), F.S.: (a) such termination is not a breach of this Purchase Order and may not be considered as such; (b) Seller may not be awarded a public contract for at least 1 year after the date on which the Purchase Order is terminated; and (c) Seller is liable for any additional costs incurred by the Authority as a result of the termination of the Purchase Order.

ANTI-HUMAN TRAFFICKING ATTESTATION - By executing this Purchase Order, pursuant to section 786.06, Florida Statutes, Seller certifies, represents, and warrants that it does not use coercion for labor services, as those terms are defined in section 786.06. Seller will provide to the Authority an affidavit signed by an officer or representative of Seller under penalty of perjury attesting that Seller does not use coercion for labor or services. Notwithstanding anything contained in this Purchase Order to the contrary, the Authority may

terminate this Purchase Order immediately if Seller is found to have submitted a false attestation. Such termination shall be in addition to any and all remedies available to the Authority at law or in equity.

UNITED STATES-PRODUCED IRON AND STEEL IN PUBLIC WORKS PROJECTS - If

  1. State of Florida funds will be used to pay this Purchase Order, and (ii) the Purchase Order is for a product made primarily of iron or steel, all iron or steel products included in this order must be produced in the United States, which means that all manufacturing processes, from initial melting through application of coatings, occur in the United States, other than metallurgical processes to refine steel additives. See section 255.0993, Florida Statutes.


    COMMON CARRIER ATTESTATION - For contracts with a "person, firm, or corporation that undertakes for hire, as a regular business, to transport persons or commodities from place to place, offering his or her services to all such as may choose to employ the common carrier and pay his or her charges," seller attests that it is not willfully providing any service in furtherance of transporting a person into the State of Florida knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from the State of Florida or the United States. Seller must complete Florida Department of Management Services Form PUR 1808, Common Carrier or Contracted Carrier Attestation Form, incorporated by reference into rule 60A-1.020, F.A.C., and submit the completed form to the Authority. Notwithstanding anything contained in this Purchase Order to the contrary, the Authority may immediately terminate this Purchase Order for cause if Seller fails to make its attestation or is found in violation of its attestation. Such termination shall be in addition to any and all remedies available to the Authority at law or in equity.

    Anti-Human Trafficking Affidavit

    Instructions: This form must be completed by an officer or representative of an entity entering into, renewing, or extending, a contract with SeaPort Manatee.

    The undersigned, on behalf of                                             ("Contractor"), hereby attests as follows:

    1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the SeaPort Manatee from executing, renewing, or extending a contract to entities that use coercion for labor or services, with such terms defined as follows:

      • "Coercion" means: (1) using or threatening to use physical force against any person; {2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; (4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

      • "Labor" means work of economic or financial value.

      • "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

    2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes.

I, the undersigned, hereby represent that I make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and am authorized to legally bind and make the above attestation on behalf of Vendor. Under penalties of perjury, I declare that I have read the forgoing document and that the facts stated In it are true.


Authorized Signature:                                   

Printed Name:                                        

STATE OF                 _ COUNTY OF               _

Date:               _ Title:               _

The foregoing instrument was acknowledged before me by means ofphysical presence or online notarization, this     day of                     ,20    , by                                     , as

                     on behalf of the company/corporation. They D are personally known to me or

have produced                                   as identification.


Signature of Notary Public

Name of Notary Typed, Printed or Stamped My Commission Expires:             _


PREPARED FOR


Manatee County Port Authority John Glass



February 11, 2026 Registered Quotation # 7249 Prepared by:

Sam Ouellette


Workspace Technology, Inc.


This is a confidential document between Manatee County Port Authority and Workspace Technology, Inc. and may not be distributed to any person or company other than Manatee County Port Author personnel.


WORKSPACE TECHNOLOGY

QUOTATION 7249


February 11, 2026 John Glass

Deputy Director of Engineering & Construction 300 S Dock St

Palmetto, FL 34221


Subject: Quotation# 7249, John Glass


Dear John:


The program, system and products detailed in the enclosed proposal have been tailored to the unique needs of Manatee County Port Authority. As described, the proposal is available for your acceptance through April 13, 2026.


If you have any questions after reviewing the proposal, please call me.


We look forward to the opportunity of serving Manatee County Port Authority. Sincerely,

Sam Ouellette Project Manager


Enclosures


BILL TO:

SHIP/INSTALL TO:

Manatee County Port Authority

Manatee County Port Authority

John Glass

John Glass

Deputy Director of Engineering & Construction

Deputy Director of Engineering & Construction

300 S Dock St

300 S Dock St

Palmetto, FL 34221

Palmetto, FL 34221


QUOTATION

WST 7249 February 11, 2026

Workspace Technology, Inc. will provide and install the following Rail level change 4 blocks, travel, and rentals included configured as per attached drawing WST7249:


Price, Delivered and Installed: $12,210.00

(price includes non-union labor during normal business hours)


Salesperson: Sam Ouellette


Price includes freight, inside delivery, installation, trash removal, clean-up job site, and a one-year warranty. Price does not include Florida State Sales Tax. If additional endorsements on Certificate of Insurance beyond the contract between the end user and Workspace Technology are required, an additional fee of $500.00 per endorsement will be charged. All credit card transactions are subject to a 3 percent processing fee.


TERMS:

50% non-refundable deposit is due with order



40% due upon shipment of product

                                                                                   


Balance 10% due upon completion of installation

Accepted By: Date


Ordering Information

Order Placement

Sam Ouellette

Workspace Technology, Inc. 912 N. US Highway 41

Ruskin, FL 33570

Phone: (800)-685-0893

Fax: (908) 454-5633

Delivery

Workspace Technology, Inc. will notify your designated contact person twenty-four (24) hours prior to delivery. Dock space will be arranged by you and made available at no cost to Workspace Technology, Inc.

Storage

If, for any reason, you are not ready to receive the materials and storage is required, storage and handling fees will be added to your invoice.

Space Requirements

The space shall be ready for installation and free and clear of all obstructions. If it is not and there is a resulting delay, then the additional man-hours will be billed.


The space shall be properly lighted. If additional lighting is required to perform the work safely, the additional cost will be invoiced.


It is your responsibility to be certain the space is suitable for the installation of this equipment, i.e., adequate fire protection, ceiling height clearances, and floor load capacity.

Electrical

Electrical power for tools, equipment and lighting will be supplied to Workspace Technology, Inc. at no cost.

Installation

By certified installers

During normal working hours

Service

For any service requirements, please use our toll free number 1-800-685-0893 and our service team contact you with your service needs.

Taxes

All applicable sales taxes, as required by law, will be billed.

Terms

50% non-refundable deposit is due with order, 40% due upon shipment of product. Balance (10%) due upon completion of installation, net 10 days. All credit card transactions are subject to a 3 percent processing fee.


If, for any reason, you cancel the order, any cancellation, restocking and handling charges will be invoiced.


If additional endorsements on Certificate of Insurance beyond the contract between the end user and Workspace Technology are required, an additional fee of $500.00 per endorsement will be charged.

Warranty

One year, parts and labor. Full Manufacturer's Warranty Provided.

April 21, 2026


CONSENT

AGENDA ITEM 3.H: PORT MANATEE TARIFF NO. 3 ITEM 441 BACKGROUND:

Port Manatee Tariff No. 3, Item 441 has been revised to increase the charge for refrigerated containers rates from $50 to $75.


ATTACHMENT:


Port Manatee Tariff No. 3 Item 441


COST AND FUNDING SOURCE:


N/A.


CONSEQUENCES IF DEFERRED:


N/A


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to approve the revised wording to Port Manatee Tariff No. 3, Item 441, to increase the charge for refrigerated containers rates from $50 to $75.


PORT MANATEE TARIFF NO. 3

21st Revision Page 31-A Cancels 20th Rev. P. 31-A

SECTION FOUR

RATES AND CHARGES

ITEM

SUBJECT

APPLICATION

441

Charge for Refrigerated Containers

Fifty Dollars and No Cents $50.00 Seventy-Five Dollars and no cents $75.00 to engage an outlet for refrigerated containers for each day (midnight to midnight) or any fraction thereof.

The Port Authority assumes no liability for personal injury or property damage, including damage to the property of the Port, except as caused by its own negligence.


The Port Authority does not warrant the delivery of power to an outlet nor the mechanical condition of equipment furnished hereunder. Users of outlets, by accepting possession and use thereof, agree that upon termination of the period of use, said outlets will be returned to the Port in the same condition as when received, ordinary wear and alone excepted.

442

Dockside Repairs, Manipulation & Fabrication

Any waterborne craft residing on the dockside engaged in repairs, fabrication or manipulation shall be assessed a dockage rate per day or any fraction thereof based on length overall (LOA) per tariff item 396.

Issued: 04/21/26

Effective: 04/21/26

  • Increase

Issued by: Manatee County Port Authority