A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, August 9, 2022, at a time to be determined, 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

MANATEE COUNTY PORT AUTHORITY AGENDA

August 9, 2022

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

CALL TO ORDER

Public Comments

1. Consent Agenda

   
   

2. Resolution for the Fiscal Year 2022-2023 Manatee County Port Authority Budget

Public Comments

Executive Director Comments Commissioner Comments

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

Reggie Bellamy, Chairman

George Kruse, 1st Vice-Chairman; Misty Servia, 2nd Vice-

Chairman; James Satcher, 3rd Vice-Chairman; Vanessa Baugh,

Member;

Kevin Van Ostenbridge, Member; Carol Whitmore, Member

August 9, 2022

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Budget Resolution

      
      

   3. Memorandum of Agreement (MOU) with the Department of the Army

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

07/14/2022 to 07/28/2022

OH_Warrant_List_BCC_Vend 1

Manatee County Port Authority Warrant (Check) Listing

07/14/2022 to 07/28/2022

Total warrants (checks) for period reported 882,422.68

OH_Warrant_List_BCC_Vend 2

August 9, 2022

CONSENT

AGENDA ITEM 1.B: BUDGET RESOLUTION BACKGROUND:

This resolution budgets $675,000 for the estimated dredging fees of the Port’s interior basin and berthing areas per the Memorandum of Agreement between the Department of the Army and the Manatee County Port Authority.

ATTACHMENT:

Budget Resolution PA-22-17.

COST AND FUNDING SOURCE:

$675,000 port cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-22-17.

RESOLUTION PA-22-17 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2021-2022

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 2021-2022 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 the 9th day of August, 2022.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:                 

BUDGET ADMENDMENT RESOLUTION NO. PA-22-17 AGENDA DATE: August 9, 2022

1) Fund: Port Cash

Section: Maintenance Dredging

Description: Budgets $675,000 for dredging of the Port’s inner basin and berthing areas.

Batch ID: BAAL080922A Reference: BU22000517

August 9, 2022

CONSENT

AGENDA ITEM 1.C: MEMORANDUM OF AGREEMENT (MOA) WITH

THE DEPARTMENT OF THE ARMY

BACKGROUND:

The Department of the Army through the United States Army Corps of Engineers (USACE) maintains the navigability of the Manatee Harbor channels through cyclical operations and maintenance (O&M) dredging. Manatee County Port Authority (MCPA) is responsible for maintaining the navigability of the interior basin and vessel berthing areas. The next federal O&M activity is scheduled to start after October 1, 2022. As provided by Title 33 United States Code Section 701h, the attached Memorandum of Agreement (MOA) formalizes MCPA’s agreement to financial obligations and request for USACE to incorporate the dredging of interior basin and vessel berthing areas as additional scope of work included in the federal government’s pending O&M procurement package which saves substantial costs in mobilization, demobilization, and other costs associated with a separate bid. As a condition of the Agreement, the Port must escrow an estimated fee of $675,000.

ATTACHMENT:

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

COST AND FUNDING SOURCE:

None.

CONSEQUENCES IF DEFERRED:

Delay in execution of MOA could result in the federal government issuing a procurement package which does not contain additional scope of work to complete the dredging of interior basin and vessel berthing areas, which would increase the cost of completing such activities, and potentially result in waterway restrictions that would limit vessel use and disrupt United States supply chains.

LEGAL COUNSEL REVIEW: Pending RECOMMENDATION:

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

MEMORANDUM OF AGREEMENT BETWEEN

THE DEPARTMENT OF THE ARMY AND

THE MANATEE COUNTY PORT AUTHORITY FOR ADDITIONAL DREDGING

IN CONNECTION WITH DREDGING OF

THE MANATEE HARBOR, FLORIDA NAVIGATION PROJECT

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

     day of            , 2022, by and between the Department of the Army (hereinafter the “Government”), represented by the U.S. Army Engineer, Jacksonville District (hereinafter the “District Engineer”), and the Manatee County Port Authority (hereinafter the “Non-Federal Interest”), represented by the Chairman.

WITNESSETH, THAT:

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

WHEREAS, the Non-Federal Interest requests dredging of the interior basin and Berthing Areas 4, 5, 6, 7, 8, 9, l 0, 11, 12, and 14 to a depth of 40 feet mean lower low water with allowable overdepth of 1 foot and placement of the dredged material in the Project's approved uplands Dredged Material Management Area·(hereinafter the “Additional Dredging”) and agrees to pay all costs of such dredging; and

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

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

1. The Non-Federal Interest shall provide to the Government funds to pay all costs, including the costs of environmental compliance, supervision and administration, and engineering and design, associated with the Additional Dredging to be carried out in connection with dredging of the Project. While the Government will endeavor to limit the additional costs associated with the Additional Dredging to the current estimate of $675,000, the Non-Federal Interest acknowledges that the actual costs for the Additional Dredging may exceed such estimated amount due to claims or other unforeseen circumstances and that the Non-Federal Interest is responsible for all costs, including any claims, related to the Additional Dredging.

2. Within thirty (30) calendar days of execution of this MOA, the Non-Federal Interest shall provide to the Government $675,000. If at any time the Government determines that additional funds are needed, the Government shall notify the Non-Federal Interest in writing of the amount, and, no later than thirty (30) calendar days from receipt of such notice, the Non-Federal Interest shall provide to the Government the full amount of the additional funds.

   
   

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

   
   

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

   
   

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

   
   

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

   
   

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

   
   

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

   
   

   2

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

   If to the Non-Federal Interest: Executive Director

   Manatee County Port Authority 300 Tampa Bay Way, Suite 1

   Palmetto, Florida 34221-6608 If to the Government:

   District Engineer

   U.S. Army Corps of Engineers

   P.O. Box 4970

   Jacksonville, Florida 32232-0019

   
   

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

   
   

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

    
    

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

    
    

    THE DEPARTMENT OF THE ARMY MANATEE COUNTY PORT

    AUTHORITY

    
    

    BY:   BY:             

    James L. Booth Reggie Bellamy

    Colonel, U.S. Army Chairman

    District Engineer

    
    

    DATE: DATE:           

    
    

    3

    August 09, 2022

    
    

    AGENDA ITEM 2.: RESOLUTION FOR THE FISCAL YEAR 2022-2023

    MANATEE COUNTY PORT AUTHORITY BUDGET

    
    

    BACKGROUND:

    
    

    Port staff has prepared a proposed budget of revenues and expenses for Fiscal Year 2022-2023.

    
    

    The Port Authority, as a dependent special district, is required by law to submit its budget to the Board of County Commissioners each year for inclusion in the overall County budget. The Port Authority budget will be included in the Public Hearing process before the Board of County Commissioners in connection with the adoption of the County Budget.

    
    

    ATTACHMENT:

    
    

    Resolution PA-22-16 with attached Manatee County Port Authority Operating Budget for Fiscal Year 2022-2023.

    
    

    COST AND FUNDING SOURCE:

    
    

    Port revenues

    
    

    CONSEQUENCES IF DEFERRED:

    
    

    Failure to include Port budget in the overall County budget document and approve prepared budget.

    
    

    LEGAL COUNSEL REVIEW: N/A

    
    

    RECOMMENDATION:

    
    

    Move to adopt Budget Resolution PA-22-16.

    RESOLUTION PA-22-16

    
    

    RESOLUTION ADOPTING THE 2022-2023 MANATEE COUNTY PORT AUTHORITY BUDGET

    
    

    WHEREAS, the Manatee County Port Authority has considered the anticipated revenues and expenses of said Port Authority for the period beginning October 1, 2022 and ending September 30, 2023, and

    WHEREAS, it is necessary, expedient and to the best interests of said Port Authority to adopt a budget for the 2022-2023 fiscal year.

    
    

    NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that:

    
    

    1. The Manatee County Port Authority budget for the period beginning October 1, 2022, and ending September 30, 2023, in the amount of $25,693,411 set forth in the pages attached hereto and made a part is hereby adopted.

       
       

    2. A copy hereof shall be furnished to the Clerk of the Circuit Court of Manatee County, Florida and the Office of Financial Management of Manatee County, Florida.

ADOPTED with a quorum present and voting this the 9th day of August, 2022.

ATTEST: ANGELINA COLONNESO MANATEE COUNTY PORT AUTHORITY

Clerk of Circuit Court

By:

MANATEE COUNTY PORT AUTHORITY COMPARATIVE OPERATING BUDGET FISCAL YEARS ENDING 2022 and 2023 (EXCLUDES DEPRECIATION)

REVENUES:

EXPENSES:

Operating:

EXPENSES:

Operating:

Depreciation 4,224,600 3,955,859

Total operating with Depreciation  17,401,818    15,439,739

Non-operating

MANATEE COUNTY PORT AUTHORITY FISCAL YEAR 2022/23 BUDGET

MANATEE COUNTY PORT AUTHORITY

Reserves/Cash       As of June 30, 2022  

(amounts expressed in thousands)

Available undesignated cash and cash equivalents Designated for contingencies

Budgeted construction projects Unrestricted cash and cash equivalents

$ 19,613

4,000

     13,951

$ 37,564