MANATEE COUNTY PORT AUTHORITY AGENDA

May 6, 2025

1:00 p.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

   
   

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;

Dr. Bob McCann 1st Vice Chairman; Amanda Ballard 2nd Vice-Chairman; Tal Siddique 3rd Vice Chairman; Jason Bearden, Member;

Carol Ann Felts, Member; George Kruse, Member

‌May 6, 2025

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes – March 4, 2025

      
      

   3. Budget Resolution

      
      

   4. Deletion of Port Assets

      
      

   5. 2023 and 2024 Port Security Grant Agreements

      
      

   6. Contract for Professional Lobbying Services – Corcoran & Associates

      
      

   7. BDI Marine Contractors Change Order No. 5

      
      

   8. Purchase and Installation of Condensing Units

      
      

   9. Public Transportation Grant Agreement Amendment – Rail Spur

      
      

   10. Change to Port Manatee Tariff No. 3

       
       

   11. Procurement Policy Revision

       
       

   12. Contract for Security Guard Services

       
       

   13. Public Transportation Grant Agreement Amendment – Rail Yard Development

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 REGULAR MEETING

COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida

March 4, 2025

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

Present were:

Mike Rahn, Chairman

Dr. Bob McCann, First Vice-Chairman, attended via Zoom Amanda Ballard, Second Vice-Chairman

Tal Siddique, Third Vice-Chairman Jason Bearden

Carol Ann Felts George W. Kruse

Also present were:

Carlos Buqueras, Executive Director Noah Daiker, Port Legal Counsel

Dustin Peebles Accounting, Clerk of the Circuit Court 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 9:05 a.m.

   
   

   AGENDA PA20250304DOC001

2. PUBLIC COMMENTS

   Glen Gibellina submitted information and commented on the Warrant List, and Contract with Ramba Law Group LLC, for legislative lobbyist services. He embraced the D.O.G.E (Department of Government Efficiency) initiative of President Trump’s administration, to reduce government spending. He also commented on the loss of a $500,000 non-refundable deposit (1/28/25), due to the termination of Agreement for Purchase and Sale of Real Property (10/17/24) with Fortress 2020 Landco LLC, for acquisition of real property in the vicinity of SeaPort Manatee.

   He recommended the Port Director be prohibited from engaging in any further real estate transactions, and that any real estate transactions be conducted by a third-party commercial professional real estate firm that reports directly to Port Authority Members. Furthermore, that the Port Authority Counsel be prohibited from legal advice on any and all real estate transactions. This was a one-sided Agreement and not in the best interest of the taxpayer.

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

   PA20250304DOC002

3. CONSENT AGENDA PA20250304DOC003

   No Items were pulled by Members.

   
   

   A motion was made by Member Kruse, seconded by Member Siddique, and carried 7 to 0, with Member McCann voting via Zoom, 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 14, 2025, to February 17, 2025

      PA20250304DOC004

      
      

   2. MINUTES

      Approved the Minutes of January 28, and February 10, 2025

   3. BUDGET AMENDMENT

      Adopted Budget Resolution PA-25-12, budgeting $500,000 of Port cash, which will be offset by the lease revenue of the same amount for land improvements to include site grading, drainage installation, fencing, utilities, and roadways to the 10-acre Bay Street North Parcel project; and, $735,000 for Florida Department of Transportation (FDOT) Memorandum of Agreement H1224, for design, permitting, and construction of emergency repairs to Berth 4 and Berth 10, related to damage caused by Hurricane Milton funded 100 percent by FDOT PA20250304DOC005

   4. CONTAINER YARD PHASE 3 ENGINEERING CONTRACT AWARD

      Approved and authorized Chairman to execute Contract between Manatee County Port Authority and Stantec Consulting Inc., for design and permitting of the Intermodal Container Yard Phase 3 project in the amount of $1,152,783.70 (FDOT $576,391.85; Port $576,391.85), subject to FDOT approval PA20250304DOC006

   5. MEMORANDUM OF AGREEMENT REGARDING EMERGENCY REPAIRS

      Authorized Chairman to execute Memorandum of Agreement Regarding Emergency Repairs at SeaPort Manatee between FDOT and Manatee County Port Authority in the amount of $735,000, for Berths 4 and 10 repairs due to damage caused by Hurricane Milton (no match required) PA20250304DOC007

   6. SECURITY VEHICLES PURCHASE

      Approved purchase and issuance of a purchase order for five (5) vehicles from Alan Jay Fleet Sales in the amount of $268,155 (FDOT $172,933, Port $95,222) PA20250304DOC008

   7. PORT SECURITY SURVEILLANCE UPGRADES

      Approved and authorized Chairman to execute Proposal SPM – Intermodal and Eastern Cameras with Siemens Industry, Inc., in the amount of $348,882, for Phase One, for surveillance upgrades, and for remaining phases, for a total cost not to exceed

      $1,500,000 (total cost includes Phase One cost) PA20250304DOC009

   8. APPROVAL OF SUBLEASE BETWEEN DEL MONTE FRESH PRODUCE AND GULF STEVEDORING SERVICES LLC

      Approved and authorized Chairman to execute Resolution PA-25-10, authorizing the sublease of approximately 1,500 square feet of office space at SeaPort Manatee by Del Monte Fresh Produce, N.A., to Gulf Stevedoring Services LLC PA20250304DOC010

   9. TARIFF NO. 3

      Approved modification to include in the description, the rates to Port Manatee Tariff No. 3, Item 445, for labor furnished by the Port for requests with less than 24-hour advanced notice (the provision for the holiday rate is included) PA20250304DOC011

   10. AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT – BERTH 4 REHABILITATION

       Adopted Resolution PA-25-11, approving and authorizing Chairman to execute Amendment for Extension of Public Transportation Grant Agreement (Contract G1946) with FDOT, for Berth 4 Rehabilitation and Reconstruction to April 30, 2026

       PA20250304DOC012

   11. RADIATION PORTAL MONITORS AWARD

       Approved and authorized Chairman to execute Contract between Manatee County Port Authority and Tetra Tech, Inc., in the amount of $449,865, for design and permitting of Radiation Portal Monitors as part of the Intermodal Container Yard Phase 3 project, subject to FDOT approval (FDOT $224,932.50; Port Cash $224,932.50)

       (End Consent Agenda) PA20250304DOC013

4. EXECUTIVE DIRECTOR COMMENTS

   Carlos Buqueras, Executive Director, stated international trade impacted by tariffs continues to occur. The Port will continue to meet the demands of the region.

   
   

5. AUTHORITY MEMBER COMMENTS

There were no Member comments.

ADJOURN

There being no further business, Chairman Rahn adjourned the meeting at 9:10 a.m. Minutes Approved:                   

‌May 6, 2025

CONSENT

AGENDA ITEM 3.C: BUDGET RESOLUTION

BACKGROUND:

This resolution budgets the following:

• On March 4, 2025, the Authority approved the purchase of 5 security trucks including lights and sirens. Due to a misunderstanding of the FDOT security grant # G3700 award total, an additional $37,578 of Port cash is budgeted.

• $1,042,740 of Port cash for the purchase and installation of 6 replacement condensing units in cold storage warehouse 8.

• $2,941,892 of Port cash for deductible to date and other expenses due to Hurricane Milton.

• Transfers $219 of Port cash for additional costs due to the foreign exchange rates for the purchase of two mobile harbor cranes.

ATTACHMENT:

Budget Resolution PA-25-13

COST AND FUNDING SOURCE:

Budgets $4,022,429, Port cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

Move to adopt Budget Resolution PA-25-13.

RESOLUTION PA-25-13 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2024-2025

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 2024-2025 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:

ADOPTED with a quorum present and voting this on the 6th day of May 2025.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:                                   

BUDGET AMENDMENT RESOLUTION NO. PA-25-13 AGENDA DATE: May 6, 2025

1. Fund: FDOT

   
   

   Section: Seaport Security Project

   
   

   Description: Budgets an additional $37,578 for Port security vehicles, lights and sirens funded by Port cash.

   
   

   Batch ID: BAAL041725A Reference: BU25000280

   
   

2. Fund: Port Cash Section: Warehouse 8

   Description: Budgets $1,042,740 for the purchase of 6 condensing units to be replaced in warehouse 8.

   
   

   Batch ID: BAAL041725A Reference: BU25000310

   
   

3. Fund: Port Cash Section: Hurricane Milton

   Description: Budgets $2,941,892 of Port cash to cover deductible obligations incurred to date, along with additional expenses stemming from the damage caused by Hurricane Milton.

   
   

   Batch ID: BAAL041725A Reference: BU25000311

   
   

4. Fund: Port Cash

Section: Mobile Harbor Crane Initiative

Description: Budgets an additional $219 for two mobile harbor cranes.

Batch ID: BAAL041725A Reference: BU25000354

‌May 6, 2025

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 – May 6, 2025

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 – May 6, 2025, from the Fixed Assets Listing.

Asset Deletion - May 6, 2025

‌May 6, 2025

CONSENT

AGENDA ITEM 3.E: 2023 and 2024 PORT SECURITY GRANT PROGRAM AGREEMENTS

BACKGROUND:

The Department of Homeland Security has awarded the Authority $225,000 (or 75% of project costs) under the 2023 Port Security Grant Program (PSGP) for infrastructure support of radiation screening portals. As a condition of the grant, the Port is obligated to contribute 25% (or $75,000), bringing the total project costs to $300,000. The accepted agreement is presented to enter into the records.

In addition, the Department of Homeland Security has awarded the Authority $419,250 (or 75% of project costs) under the 2024 Port Security Grant Program (PSGP) for cyber security monitoring and access control system upgrades. As a condition of the grant, the Port is obligated to contribute 25% (or $139,750), bringing the total project costs to $559,000. The accepted agreement is presented to enter into the records.

ATTACHMENT:

Agreement No. EMW-2023-PU-00413-S01

Agreement No. EMW-2024-PU-05514

COST AND FUNDING SOURCE:

FEMA Department of Homeland Security grant funding of $644,250 and $214,750 from port cash

CONSEQUENCES IF DEFERRED:

Delay in entering agreements into record

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to accept into the record Agreement No. EMW-2023-PU-00413-S01 and Agreement No. EMW-2024-PU-05514 from FEMA Department of Homeland Security for infrastructure support of radiation screening portals, cyber security monitoring, and access control system upgrades.

U.S. Department of Homeland Security

Washington, D.C. 20472

David St. Pierre

Manatee County Port Authority 300 Tampa Bay Way

Suite 1

Palmetto, FL 34221 - 6608

Re: Grant No.EMW-2023-PU-00413

Dear David St. Pierre:

Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2023 Port Security Grant Program has been approved in the amount of $225,000.00. As a condition of this award, you are required to contribute a cost match in the amount of $75,000.00 of non-Federal funds, or 25 percent of the total approved project costs of $300,000.00.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

• Agreement Articles (attached to this Award Letter)

• Obligating Document (attached to this Award Letter)

• FY 2023 Port Security Grant Program Notice of Funding Opportunity.

• FEMA Preparedness Grants Manual

Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions:

Step 1: Please log in to the ND Grants system at https://portal.fema.gov.

Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub-menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review.

Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records.

System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http://www.sam.gov.

If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process.

PAMELA SUSAN WILLIAMS

Award Letter

Fri Sep 01 00:00:00 UTC 2023

U.S. Department of Homeland Security

Washington, D.C. 20472

AGREEMENT ARTICLES

Port Security Grant Program

GRANTEE: Manatee County Port Authority

PROGRAM: Port Security Grant Program

AGREEMENT NUMBER: EMW-2023-PU-00413-S01

TABLE OF CONTENTS

Article I Summary Description of Award

Article II PSGP Performance Goal

Article III DHS Standard Terms and Conditions Generally

Article IV Assurances, Administrative Requirements, Cost Principles, Representations and Certifications

Article V General Acknowledgements and Assurances

Article VI Acknowledgement of Federal Funding from DHS

Article VII Activities Conducted Abroad

Article VIII Age Discrimination Act of 1975

Article IX Americans with Disabilities Act of 1990

Article X Best Practices for Collection and Use of Personally Identifiable Information

Article XI Civil Rights Act of 1964 - Title VI

Article XII Civil Rights Act of 1968

Article XIII Copyright

Article XIV Debarment and Suspension

Article XV Drug-Free Workplace Regulations

Article XVI Duplication of Benefits

Agreement Articles

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

Article XVIII E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety

Article XIX Energy Policy and Conservation Act

Article XX False Claims Act and Program Fraud Civil Remedies

Article XXI Federal Debt Status

Article XXII Federal Leadership on Reducing Text Messaging while Driving

Article XXIII Fly America Act of 1974

Article XXIV Hotel and Motel Fire Safety Act of 1990

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

Article XXVI Limited English Proficiency (Civil Rights Act of 1964 - Title VI)

Article XXVII Lobbying Prohibitions

Article XXVIII National Environmental Policy Act

Article XXIX Nondiscrimination in Matters Pertaining to Faith-Based Organizations

Article XXX Non-Supplanting Requirement

Article XXXI Notice of Funding Opportunity Requirements

Article XXXII Patents and Intellectual Property Rights

Article XXXIII Procurement of Recovered Materials

Article XXXIV Rehabilitation Act of 1973

Article XXXV Reporting of Matters Related to Recipient Integrity and Performance

Article XXXVI Reporting Subawards and Executive Compensation

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

Article XXXVIII SAFECOM

Article XXXIX Terrorist Financing

Article XL Trafficking Victims Protection Act of 2000 (TVPA)

Article XLI Universal Identifier and System of Award Management

Article XLII USA PATRIOT Act of 2001

Article XLIII Use of DHS Seal, Logo and Flags

Article XLIV Whistleblower Protection Act

Article XLV Environmental Planning and Historic Preservation (EHP) Review

Article XLVI Applicability of DHS Standard Terms and Conditions to Tribes

Article XLVII Acceptance of Post Award Changes

Article XLVIII Disposition of Equipment Acquired Under the Federal Award

Article XLIX Prior Approval for Modification of Approved Budget

Article L Indirect Cost Rate

Article LI Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance

Article I - Summary Description of Award

The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA of the award budget. Post-award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA of changes to the award. Investments not listed in this Agreement Article are not approved for funding under this award.

Investment 3: Support Infrastructure for CBP Radiation Screening Portals is fully funded for $225,000.

Article II - PSGP Performance Goal

In addition to the Performance Progress Report (PPR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the capability gaps identified in their vulnerability assessments, relevant security plans (local or regional; FSP/AMSP/THIRA/etc.), or other relevant documentation or sustains existing capabilities per the FEMA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in the PPR Performance Narrative.

Article III - DHS Standard Terms and Conditions Generally

The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2023. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.

All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

Article IV - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications

1. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances Non-Construction Programs, or OMB Standard Form 424D Assurances Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.

2. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.

3. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. section 170.315, certify that their policies are in accordance with OMBs guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.

Article V - General Acknowledgements and Assurances

All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.

1. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.

2. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel.

3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.

4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.

5. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to

CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security

The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.

Article VI - Acknowledgement of Federal Funding from DHS

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

Article VII - Activities Conducted Abroad

Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

Article VIII - Age Discrimination Act of 1975

Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article IX - Americans with Disabilities Act of 1990

Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article X - Best Practices for Collection and Use of Personally Identifiable Information

Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article XI - Civil Rights Act of 1964 - Title VI

Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.

Article XII - Civil Rights Act of 1968

Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and

ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article XIII - Copyright

Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

Article XIV - Debarment and Suspension

Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article XV - Drug-Free Workplace Regulations

Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2

C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106).

Article XVI - Duplication of Benefits

Any cost allocable to a particular federal financial assistance award provided for in 2

C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and

conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.

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

Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

Article XVIII - E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety

Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of

E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article XIX - Energy Policy and Conservation Act

Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

Article XX - False Claims Act and Program Fraud Civil Remedies

Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.)

Article XXI - Federal Debt Status

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

Article XXII - Federal Leadership on Reducing Text Messaging while Driving

Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.

Article XXIII - Fly America Act of 1974

Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article XXIV - Hotel and Motel Fire Safety Act of 1990

Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15

U.S.C. section 2225a.

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

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

sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article XXVI - Limited English Proficiency (Civil Rights Act of 1964 - Title VI)

Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.

Article XXVII - Lobbying Prohibitions

Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

Article XXVIII - National Environmental Policy Act

Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

Article XXIX - Nondiscrimination in Matters Pertaining to Faith-Based Organizations

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

Article XXX - Non-Supplanting Requirement

Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.

Article XXXI - Notice of Funding Opportunity Requirements

All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

Article XXXII - Patents and Intellectual Property Rights

Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14.

Article XXXIII - Procurement of Recovered Materials

States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.)

The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article XXXIV - Rehabilitation Act of 1973

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

Article XXXV - Reporting of Matters Related to Recipient Integrity and Performance

General Reporting Requirements:

If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Article XXXVI - Reporting Subawards and Executive Compensation

Reporting of first tier subawards:

Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.

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

Recipients must comply with the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act and

E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States.

   The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

   Waivers

   When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below.

   1. When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:

      1. applying the domestic content procurement preference would be inconsistent with the public interest;

      2. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

      3. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov.

The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the Build America, Buy America provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process.

Article XXXVIII - SAFECOM

Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Article XXXIX - Terrorist Financing

Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

Article XL - Trafficking Victims Protection Act of 2000 (TVPA)

Trafficking in Persons:

Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.

Article XLI - Universal Identifier and System of Award Management

Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.

Article XLII - USA PATRIOT Act of 2001

Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections

175-175c.

Article XLIII - Use of DHS Seal, Logo and Flags

Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Article XLIV - Whistleblower Protection Act

Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.

Article XLV - Environmental Planning and Historic Preservation (EHP) Review

DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws.

DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies.

If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article XLVI - Applicability of DHS Standard Terms and Conditions to Tribes

The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence

to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article XLVII - Acceptance of Post Award Changes

In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions.

Article XLVIII - Disposition of Equipment Acquired Under the Federal Award

For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub- recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

Article XLIX - Prior Approval for Modification of Approved Budget

Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308.

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

$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved.

For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2

C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.

You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article L - Indirect Cost Rate

2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article LI - Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance

This award includes work that triggers an Environmental Planning and Historic Preservation (EHP) compliance review. A funding hold is placed on the following investments/projects, and the recipient is prohibited from obligating, expending, or drawing down funds under this award in the amount of $225,000 in support of the following investments/projects, with a limited exception for any approved costs associated with the preparation, conduct, and completion of required EHP reviews. Please refer to the applicable NOFO and Preparedness Grants Manual (PGM) for further information on EHP requirements and other applicable program guidance, including FEMA Information Bulletin No. 404.

Investment #3: Support Infrastructure for CBP Radiation Screening Portals: $225,000

To release this hold, the recipient is required to obtain the required FEMA EHP compliance approval for this project pursuant to the FY 2023 PSGP NOFO and PGM. Failure to comply with this condition may jeopardize your ability to access and expend federal funds for the investments/projects listed above. Please contact your FEMA GPD Headquarters Preparedness Officer or Program Analyst to receive specific guidance regarding EHP compliance.

If you have questions about this funding hold or believe it was placed in error, please contact the FEMA GPD Headquarters Preparedness Officer or Program Analyst.

Award Letter

Effective date: 09/17/2024

David St. Pierre

MANATEE COUNTY PORT AUTHORITY 300 TAMPA BAY WAY STE 1

PALMETTO, FL 34221 EMW-2024-PU-05514

Dear David St. Pierre,

U.S. Department of Homeland Security

Washington, D.C. 20472

Congratulations on behalf of the Department of Homeland Security, your application submitted for the Fiscal Year 2024 Port Security Grant Program (PSGP), has been approved in the amount of

$419,250.00 in Federal funding. This award of federal assistance is executed as a Grant. As a condition of this award, you are required to contribute non-Federal funds equal to or greater than

$139,750.00 for a total approved budget of $559,000.00. Please see the Fiscal Year 2024 Port Security Grant Program (PSGP) for information on how to meet this cost share requirement.

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

Award Summary - included in this document

Agreement Articles - included in this document

Obligating Document - included in this document

Fiscal Year 2024 Port Security Grant Program (PSGP) Notice of Funding Opportunity The Preparedness Grant Manual (PGM)

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

Sincerely,

PAMELA WILLIAMS

Assistant Administrator, Grant Programs

Award Summary

Program: Fiscal Year 2024 Port Security Grant Program Recipient: MANATEE COUNTY PORT AUTHORITY UEI-EFT: KLBXGVB8Q2L3

DUNS number: 019737399

Award number: EMW-2024-PU-05514

Summary description of award

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

Amount awarded table

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

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

Approved scope of work

After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2024 PSGP NOFO.

Approved request details:

Investment

Investment

Investment

Investment

Investment

Of the total Federal funds, $419250.00 has been placed on hold. See the following terms in the Agreement Articles for more details:

Agreement Articles

Program: Fiscal Year 2024 Port Security Grant Program Recipient: MANATEE COUNTY PORT AUTHORITY UEI-EFT: KLBXGVB8Q2L3

DUNS number: 019737399

Award number: EMW-2024-PU-05514

Table of contents

Obligating document

1. Agreement No.

   EMW-2024-PU- 05514

2. Amendment No.

   N/A

3. Recipient No. 596000727

4. Type of Action AWARD

5. Control No. WX05789N2024T

6. Recipient Name and Address

   MANATEE COUNTY PORT AUTHORITY

   300 TAMPA BAY WAY PALMETTO, FL 34221

7. Issuing FEMA Office and Address

   Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-

   7000

   1-866-927-5646

8. Payment Office and Address

   FEMA, Financial Services Branch 500 C Street, S.W., Room 723

   Washington DC, 20742

9. Name of Recipient Project Officer

   David St. Pierre

   9a. Phone No.

   941-

   6507300

10. Name of FEMA Project Coordinator

    Port Security Grant Program Grant Program

    10a. Phone No.

    1-877-585-

    3242

11. Effective Date of This Action

    09/17/2024

12. Method of Payment

    
    

    OTHER - FEMA GO

13. Assistance Arrangement

    COST SHARING

14. Performance Period 09/01/2024 to

    08/31/2027

    Budget Period 09/01/2024 to

    08/31/2027

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

    Program

    Accounting Prior

    Amount

    Current

    Cumulative

    Name

    Assistance Data

    Total

    Awarded

    Total

    Non-Federal

    Abbreviation Listing No. (ACCS

    Code)

    2024-FA-

    Award This Action Award

    + or (-)

    Commitment

    PSGP

    97.056

    GC01 -

    P410-xxxx- 4101-D

    $0.00

    $419,250.00 $419,250.00 See Totals

    Totals $0.00 $419,250.00 $419,250.00 $139,750.00

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

    N/A

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

address)

This field is not applicable for digitally signed grant agreements

‌May 6, 2025

CONSENT

AGENDA ITEM 3.F: CONTRACT FOR PROFESSIONAL LOBBYING

SERVICES - CORCORAN & ASSOCIATES

BACKGROUND:

Port staff participate in federal affairs to advocate for federal policy changes and obtain federal grant funding for infrastructure projects. Port staff are augmented by professional service firms located in Washington DC, that can build and maintain relationships with executive and legislative branches. At the federal level, Florida now has greater leadership representation in both branches, and the conditions for Florida centric decisions are likely to be more favorable. Approval is sought for a new contract with Florida-based firm Corcoran & Associates, Inc. (Corcoran Partners), effective June 1, 2025. Corcoran Partners will focus on securing increased funding for SeaPort Manatee’s capital projects and advocating for policies that will make it easier to do business in Florida. The Port’s current federal lobbyist, Twenty-First Century Group commenced federal lobbying services for the Port Authority on July 1, 2023. Approval of the new contract with Corcoran & Associates, Inc., will initiate a contractual 30-day notice to the Twenty-First Century Group for a discontinuation of services.

ATTACHMENT:

Contract for Professional Services

COST AND FUNDING SOURCE:

$10,000 per month

CONSEQUENCES IF DEFERRED:

Delay in contract execution

LEGAL REVIEW: Yes RECOMMENDATION:

Move to approve and authorize execution on behalf of the Port Authority the Contract for Professional Services between the Manatee County Port Authority and Corcoran & Associates, Inc.

CONTRACT FOR PROFESSIONAL SERVICES

This contract (“Agreement”) is entered into by and between the Manatee County Port Authority (“'Port"), a political entity of the State of Florida, with its principal place of business located at SeaPort Manatee, 300 Tampa Bay Way, Suite 01, Palmetto, Florida 34221, and the lobbying firm of Corcoran & Associates, Inc. (d.b.a. “Corcoran Partners”), a Florida corporation, with a principal place of business located at 19401 Shumard Oak Drive, Land O' Lakes, FL 34638 (collectively, the “Parties”).

WHEREAS, the Manatee County Port Authority desires to be represented in communicating with the United States Congress, the office of the President, and federal regulatory agencies (the federal government); and

WHEREAS, the Manatee County Port Authority wishes to obtain assistance with governmental relations expertise to work with Port officials to enhance relationships with the federal government; and

WHEREAS, Corcoran Partners wishes to provide such services; and

WHEREAS, the Parties have agreed to the terms under which Corcoran Partners will represent the Port and wish to memorialize their agreement in writing.

NOW, THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows:

1. SCOPE OF GOVERNMENTAL RELATIONS PROFESSIONAL SERVICES.

   
   

   1. Corcoran Partners will provide Governmental Relations professional services to the Port and represent the Port on matters before the legislative and executive branches of the federal government. All such services will include consultation with the Port through its Port Authority and professional staff. The Executive Director or his/her designee(s) will be the Port's primary point of contact. The Executive Director will from time to time inform Corcoran Partners of his/her designee(s).

      
      

   2. All Governmental Relations work shall be carried out in accordance with general policies and goals set by the Port Authority. The Executive Director's designee shall communicate the Port’s priorities and positions to Corcoran Partners, and will also independently monitor legislative proposals, agency actions, funding opportunities or threats, and circulate those to pertinent Port staff for review, comment, and possible instruction to Corcoran Partners.

      
      

   3. The services and assistance Corcoran Partners shall provide to the Port shall generally include:

      
      

      1. monitoring legislative or executive initiatives which may affect the Port or its revenues, expenses, authority, status or other goals, objective or policies, and communicating such initiatives to the Port;

      2. advocating Port positions and priorities to the Congress, President's office, and executive agencies;

         
         

      3. providing more detailed advice, analysis and research relating to issues of particular importance to the Port, and suggesting strategies for responding or reacting to threats, challenges, or opportunities in the legislative or regulatory realm;

         
         

      4. helping the Port develop legislative and executive branch lobbying strategies, and implementing such strategies during each congressional session;

         
         

      5. advocating for congressional appropriations and other available federal agency- administered funding available to the Port and assisting Port staff in the identification of new funding sources or opportunities; and

         
         

      6. providing periodic reports to the Port's elected Commissioners, which may include presentations in person, or via phone or video conference.

         
         

   4. In addition to these general duties, Corcoran Partners understands that it shall place primary focus upon the following specific Port priorities:

      
      

      1. $48,670,000 million from USDOT via FY 2025 PIDP grants for the reconstruction of Berth 11.

         
         

      2. Partial reimbursement of $3,344,768 million from FY 2026 Energy and Water Development Bill.

         
         

      3. Up to $203,028,500 million (less any PIDP grant funding awarded to Berth 11) from USDOT via FY 2026 or FY 2027 MEGA grant program for rebuilding of Berths 4 through 14.

         
         

      4. Advocate for a much stronger worded version of H.R.6409 (118th Congress) be reintroduced to congress.

         
         

      5. Similar to preemptions provided under Title 49 Section 10501 of the United States Code (U.S.C.), advocate for language to be introduced (or added to an existing bill) into Congress that preempts all shipbuilding construction activities and seaport construction activities, with the exception of the Jones Act, from all federal and state laws.

         
         

   5. The Port acknowledges effective Governmental Relations services are greatly impacted by individual experience and firmly established relationships with elected and appointed officials and their staffs. The Port agrees that the services called for in this contract will primarily be provided by Michael Corcoran and Matthew Blair. While other members of Corcoran Partners or their support staff may assist in providing such services, these Corcoran Partners Officers or Principals will remain primarily assigned to this account, and Corcoran Partners shall not assign any other persons to be the primary Corcoran Partners representatives for the Port absent prior written

   approval of the Port. Corcoran Partners shall ensure that all relevant laws, rules, and procedures applicable to lobbyists performing such services are complied with at all times.

   
   

2. COMPENSATION; TERMINATION.

   
   

   1. The Port agrees to compensate the professional services described herein based upon a monthly retainer fee of $10,000 for the month of June 2025 and $10,000 per month thereafter. Payments shall be made within the time required by the Florida Prompt Payment Act upon receipt of valid invoices from Corcoran Partners. Corcoran Partners agrees to refrain from accepting any other client or cause which would cause it to advocate for policies or funding requests inconsistent with its duty to represent the interest of the Port. All possible conflicts will be reviewed by the Port and approval of such other clients will not be unreasonably withheld. Corcoran Partners agrees to strictly refrain from advertising the services of other clients to the Port.

      
      

   2. Corcoran Partners understands that the Port has budgeted and appropriated funds for the first 12 months covered by this Agreement. Continuation of payment beyond the first 12 months will be contingent on whether Port funds are budgeted for this service and appropriated in subsequent fiscal years. In the event sufficient funds are not budgeted to cover the following 12-month period, the Port may terminate this Agreement by providing written notice to Corcoran Partners.

      
      

   3. This Agreement may be terminated with or without cause by either Party at any time upon thirty

   (30) calendar days written notice, via U.S. Mail, to the other party. Notice to Corcoran Partners shall be to Michael Corcoran. Notice to the Port shall be to the Executive Director. Upon the election to terminate this Agreement and the party electing to terminate this Agreement shall have no further obligation under this Agreement to the other party.

   
   

3. PUBLIC RECORDS.

   
   

   1. Corcoran Partners agrees to comply with the Florida Public Records Act, as applicable, including, but not limited to, Section 119.0701 of the Florida Statutes. Documents which are considered public records herein under Florida law include, but are not limited to: records related to the entry, management and implementation of the Agreement itself; emails/correspondence between the Port and Corcoran Partners related to the Agreement; emails or correspondence from all other entities related to the Agreement (i.e., subcontractors, suppliers, vendors, etc.); billing and related documents; plans or other documents that may be necessary; reports, etc.; subcontracts; and, all vendor invoices. Corcoran Partners agrees, to the extent required by law, to:

      
      

      1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in performing the services of the Agreement;

         
         

      2. Provide the public with access to the public records under the same terms and conditions that the Port would provide the records and at a cost that does not exceed the cost provided for by law;

         
         

      3. Ensure that the public records that are exempt or confidential, and exempt from public record disclosure requirements, are not disclosed, except as authorized by law; and

      4. Meet all requirements where retained public records and transfer, at no cost, to the Authority, all public records in possession of Corcoran Partners, upon termination or completion of the Agreement and destroy any duplicate public records that are exempt or confidential, or exempt from public record disclosure requirements.

         
         

   2. Furthermore, Corcoran Partners agrees that all records stored electronically shall be provided to the Port in a format that is compatible with the information technology systems of the Port. Corcoran Partners shall promptly provide the Port with a copy of any request to inspect or copy public records that Corcoran Partners receives and a copy of Corcoran Partners' response to each request. Corcoran Partners understands and agrees that failure to provide access to the public records shall be a material breach of the Agreement and grounds for termination.

   
   

   IF CORCORAN PARTNERS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TFCG’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

   PUBLIC RECORDS CUSTODIAN, recordscustodian@seaportmanatee.com SEAPORT MANATEE, 300 TAMPA BAY WAY, PALMETTO, FL 34221, (941) 722-6621.

4. INDEMNIFICATION.

   
   

   The Parties recognize that Corcoran Partners is an independent contractor. Corcoran Partners agrees to assume liability for and indemnify, hold harmless, and defend the Port, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorneys' fees in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, relief, or loss of use, arising out of the execution, performance nonperformance of the duties of the Corcoran Partners under this Agreement, the enforcement of this Agreement, or resulting from the activities of the Corcoran Partners in any way connected to this Agreement, whether or not due to or caused by the negligence of the Port, its commissioners, mayor, officers, employees, agents and attorneys. Corcoran Partners’ liability hereunder shall include all attorneys' fees and costs incurred by the Port, in the enforcement of this indemnification provision. This indemnification provision includes claims made by any employees of Corcoran Partners against the Port, and Corcoran Partners hereby waives its entitlement, if any, to immunity under section 440.11, Florida Statutes. Nothing contained in this contract, and specifically this provision requiring Corcoran Partners to indemnify the Port, is intended to nor shall it be construed as an additional waiver of sovereign immunity by Port beyond the Port’s expressed written contractual obligations contained within this contract, nor shall it be construed as a waiver of any defenses or limitations to any claims, including those based on the doctrine of sovereign immunity or section 768.28, Florida Statutes. The obligations contained in this paragraph shall survive the termination of this Agreement, however terminated and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement.

   Subject to the limitations set forth in this section , Corcoran Partners shall assume control of the defense of any claim asserted by a third party against the Port for which Corcoran Partners is obligated to indemnify, defend, and hold harmless the Port and, in connection of such defense, shall appoint lead counsel in each case at Corcoran Partners’ expense. The Port shall have the right, at its option, to participate in the defense of any third-party claim, without relieving Corcoran Partners of any of its obligations hereunder. If Corcoran Partners assumes control of the defense of any third-party claim in accordance with this section, Corcoran Partners shall obtain the prior written consent of the Port before entering into any settlement of such claim. Notwithstanding anything to the contrary in this section, Corcoran Partners shall not assume or maintain control of the defense of any third-party claim, but shall pay the fees of counsel retained by the Port and all expenses, including experts’ fees, if (a) an adverse determination with respect to the third-party claim would, in the good faith judgment of the Port, be detrimental in any material respect to the Port’s reputation; (b) the third-party claim seeks an injunction or equitable relief against the Port; or (c) Corcoran Partners has failed or is failing to prosecute or defend vigorously the third-party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third-party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith.

   
   

5. GENERAL PROVISIONS.

   
   

   This Agreement will begin on June 1, 2025, until terminated by either party per 2.C. This Agreement may be executed in multiple counterparts, any of which shall be regarded as an original and all of which constitute one and the same instrument. This Agreement is governed by and construed in accordance with the laws of the State of Florida and venue is proper in Manatee County.

   
   

6. STATUTORY PROVISIONS.

1. Scrutinized Companies. By executing this Agreement and each and every renewal hereof (if renewal is separately provided for herein), pursuant to section 287.135, Florida Statutes, Corcoran Partners 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 of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Port may terminate this Agreement immediately for cause if: (1) Corcoran Partners is found to have submitted a false certification regarding (a) – (e) above in accordance with section 287.135(5), Florida Statutes, (2) Corcoran Partners 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) Corcoran Partners 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 Port at law or in equity. The terms “Boycott of Israel” and “Business operations” used in this section are defined as in Section 287.135, Florida Statutes. The Lists referred to in this section are those Lists in and maintained pursuant to section 287.135, Florida Statutes.

   
   

2. Foreign Countries of Concern. Pursuant to section 286.101, Florida Statutes, Corcoran Partners 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. Corcoran Partners’ 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 controlled entity that is the source or interest holder. Corcoran Partners represents that within one (1) year before proposing any contract to the Port, Corcoran Partners provided a copy of such disclosure to the Florida Department of Financial Services.

   
   

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

4. No Funds for Identification Documents. Corcoran Partners agrees that Corcoran Partners does not and will not, nor will it allow a subcontractor to, use any funds from the Port 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

IN WITNESS WHEREOF, this Agreement represents the entire agreement between the Manatee County Port Authority and Corcoran & Associates, Inc. (d.b.a. “Corcoran Partners”).

ATTEST:

ANGELINA M. COLONNESO

Clerk of Circuit Court

MANATEE COUNTY PORT AUTHORITY

By:                                                                                             By:                                   

Mike Rahn, Chairman

CORCORAN & ASSOCIATES, INC.

By:                                   

Michael Corcoran, Founding Partner & Chief Executive Officer

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 Corcoran and Associates dba Corcoran Partners (''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 respectfvely limited and definedi (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 of18 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. j /}l)/01J,

Authorized Signature: _}J"--lf!,{h""'--"rffJ#I,:;. ;..,..::...._,         _

Printed Name: Michae?corcoran

Date: 04/21/2025

Title:Founding Partner & CEO

c>

c..vO

"J.S

, Printed or Stamped

My Commission Expires: P1 /----, /;:;.�

I

Ml®:LLEA.KAZOUR6S

Commlaslon#HH 154447

ExpjrsaAugu&l7,2025

6oadedflwB.,.iN111,yS.-.

‌May 6, 2025

CONSENT

AGENDA ITEM 3.G: BDI MARINE CONTRACTORS CHANGE ORDER NO. 5

BACKGROUND:

On April 23, 2024, the Authority approved the contract with BDI Marine Contractors, LLC for Berth 6 Concrete Repair in the amount of $2,075,000.00. Change Orders No. 1 through No. 4 were previously approved for a net increase of $499,269. Change Order Request No. 5 consists of the following: 1. Cor-Tuf Ultra High Performance Concrete (UHPC) tax saving purchase reconciliation of $74,646.62; 2. Aggregate Technologies downtime for pipe removal in the amount of $30,649.26; 3. BDI downtime for pipe removal in the amount of $7,800.00; 4. BDI Hurricane Helene prep and clean-up in the amount of $6,800.00; 5. BDI Hurricane Milton prep and clean-up in the amount of $8,200.00; and 6. deadline extension of 70 days for the downtime. The amount of Change Order #5 is $128,095.88, bringing BDI’s contract total to $2,702,364.88.

ATTACHMENT:

Change Order No. 5

COST AND FUNDING SOURCE:

FDOT grant funding of $96,071.91 and Port cash of $32,023.97

CONSEQUENCES IF DEFERRED:

Delay in approval of Change Order No. 5

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Change Order No. 5 to the contract between the Manatee County Port Authority and BDI Marine Contractors, LLC to add

$128,095.88 and 70 days.

Project Name:

PORT MANATEE

                     BDI Marine Contractors Inc.            

CHANGE ORDER FORM

Date of Issuance:               2/25/2025        

Owner: Manatee County Port Authority

Change Order No. Purchase Order No.

Effective Date: Contract#:

                   5            

           PA006026        

                 2/25/2025

lTB-.-0-2024/RH

Engineer of Record:                         

Contractor: BDI Marine Contractors Inc.

Contractors Project#:                                  

Engineer's Project#:                                     

       11718 SE Federal HWY 222      

Contract Name:

Berth 6 Concrete Repair

                     561-532-2705                                                                          

Project:             Berth 6 Concrete Repair      

                     The Contract is modified as follows upon execution of this Change Order                    Description: 1lClean up of C/O#3 • 2) Aggregate Tech down time• 3) BDI down time -4) Hurricane Helene

5) Hurricane Milton - 6) No-cost time extension

_ _ _ _

Attachments: List documents supporting change: Ex11 lbit A

                         Item 1 A item 2A Misc back u_                        e        _                  

CHANGE IN CONTRACT PRICE

Original Contract Price:

$    2,075,000.00  

[Increase] [Decrease] from previous approved Change Orders#: 01,2,3.4

Hours Requested: 76 Dats

$499,269.00

Contract Price prior to this Change

Order:

   $2,574,269  

Increase of this Change Order:

   $128,095.88  

Contract Price Incorporating this Change Order:

CHANGE IN CONTRACT TERMS

[note changes in Milestones if applitabh!]

Original Contract Times: 6/10/2024

Substantial Completion:                   12/7/2024        

Date of Final Payment 116/2024

Increase from previous approved

Change Order#: 1,2,3.4

Substantial Completion Date: 2/21/2025

Date of Final Payment:                             3/23/2025

[date or days]

Contract Times prior to this Change Order:

Substantial Completion: 2/21/2025

Date of Final Payment: 3/23/2025

[date or days) Increase of this Change Order:

Substantial Completion: Increase 70 Davs

Date of Final Payment: Increase 70 Davs

[days or dotes) Contract Times with all approved Change Orders:

IA

$ -2,702,364.88

JR� ()

-�t:COMMENDED:

Date:

         RS&H          Engineer o2ff:2ec4o{2d 025

Substantial Completion: Date of Final Payment:

ACCEPTED:

MCPA / BCC APROVED

Date:

Approved by Funding Agecy (if applicable)

�V,

Date:

4/22/2025

V

5/22/20025

....,..;/4..�

[date or days)

ACCvD: -- ,_._-

BDI Marine Contractors, LLC

Contractor 2/25/2025

By:                                 

Title:

<Rev. 1112020>

N\A�INE & SITE

--CONT�ACTO�S--

February 13, 2025

Seaport Manatee Berth6

Description of Proposed Change Orders for Change order #5 These items are for a change order at the Seaport Manatee Berth 6.PO# PA006026

1. BDI - Clean-up of change order#3 - Return Cor-Tuf credit to contract.

   Item #1 Is for the Clean-up return credit from Cor-Tuf to the BDI contract. Along with back up labeled Item# 1A - $74,646.62 (Bydirect purchase of the UHPC the Port realized $45,985.53 savings)

2. Aggregate Technologies - Down time for pipe removal.

   Item #2 - The breakdo\Nn is listed on the attachment hereby labeled Item #2A \Nfth backup from Aggregate Technologies for their incurred costs. After negotiations \Nith the vendor, the price was adjusted to $30.649.26.

3. BDI- Down time for pipe removal.

   Item #3 is for the time andcosts associated vvith the Seaport Manatees Directive to stop work atthe berth due to the r-emoval of an abandoned fuel line that vvas the source of \Nater contamination. $7,800.00

   
   

   BDI Marine Contractors LLC

   DATE: 2114/2025

   Exhibit A B01PONUMBER: PA006026

   PROJECT NAME: Berth 6 Concrete Rooalr

   
   

   Berth 6 Change Order5

   
   

   -

   OVERHEAD QO/o $ -

   PROFIT 0°/o $

   
   

   ITEM

   cc DESCRIPTION

   Base- Rate

   QUANT

   UOM

   TOTAL

   
   

   1. Clean uo of UHPC C/0 #3 Return of credit to BDI contract

      1 LS

      
      

      $ 74,646.62

      
      

   2. Down Time for A��renate Technolooics- ACOE Demobilize - remobilize - due to removal of fuel oloe

      
      

   3. Down timo for BDI - ACOE

      Demobilize - remobilize due to removal of fuel oloe

      
      

   4. Hururricane Helene

      Pre- safe off - down time - remobilize - housino - travel

      
      

   5. Hurricane Milton

      Preo - safe off - down time -remobilize - housino - travel

      I 1 LS IS 30.649.26

      I I

      
      

      	1		LS	1$	7,800.00
      I	1	I	LS	1$	6.800.00

      I I I

      1 LS $ 8 200.00

      
      

   6. Time Extension - no cost to Port

No cost time extension to allow for sealant of underdeck work

40 DAYS $         -

ITEM 1A

Seaport Manatee Clean-up of Change Order# 3

Final Amount returned to contract $ 74,647.27 Tax Saving realized by Port $ 45,985.53

\Tf.M. --z_�

Supplemental A,greement Detailed Breakdown

Subcontractor Project Name Adress

Pay Item

Unit

Aggregate Technologies Inc.             Berth6 Concrete Repairs

300 Tampa BayWay.Suite 1,Palmetto,Florida 34221

5    Days stand     down                                              

5 Days Duration

I

I

LABOR, TEAMS, AND FOREMAN

Classification

---- -

BenArd

- Lead robot Q_perator

.

Reg.Time

BenArd Ralph Loa

�lph_!:.oa

- -- Water Treatmen_t �u_m_p R_e�.!_lme

-Lead robot Operator

- -OverT-ime

- - --

e

- -

- --

Water Treatme.!!!_�.J:'='!!!P_

- �--

-- - -

Over Time

--

54.00

$

1.08

60.0

Trailler

$ 3,288.50

65.77

50.0

Aqua Cutter 750

$ 16,100.00

322.00

Hammelmann Pump1000HP72 GPMdaily rate$3,225

Amount

Unit Rate

Quantity

Classification

5 Dayx10hr

EQUIPMENT

$ 2,821.58

TotalLabor

540.30

$

$54.03

10.0

40.0

840.48

$

-

$

$35.02

Amount

Hourly Rate

HoursWorked

BDI Change Order #5 Back up for Items 3, 4, 5