MANATEE COUNTY PORT AUTHORITY AGENDA

August 27, 2024

9:00 a.m.

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

1. CALL TO ORDER

2. Public Comments

   
   

3. Consent Agenda

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

   
   

4. Resolution for the Fiscal Year 2024-2025 Manatee County Port Authority Budget

   
   

5. Executive Director Comments

   
   

6. Commissioner Comments

   
   

7. 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.

Kevin Van Ostenbridge, Chairman;

Jason Bearden 1st Vice-Chairman; Ray Turner 2nd Vice-Chairman; Amanda Ballard 3rd Vice-Chairman; George Kruse, Member; Mike Rahn, Member;

District One - vacant

‌August 27, 2024

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes – July 30, 2024

      
      

   3. Budget Resolution

      
      

   4. Deletion of Port Assets

      
      

   5. U.S. Customs Project Acknowledgment

      
      

   6. Frontier Lease Extension

      
      

   7. Cargo Pad Contract Award Correction

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

07/17/2024 to 08/19/2024

OH_Warrant_List_BCC_Vend 1

Manatee County Port Authority Warrant (Check) Listing

07/17/2024 to 08/19/2024

OH_Warrant_List_BCC_Vend 2

Manatee County Port Authority Warrant (Check) Listing

07/17/2024 to 08/19/2024

Total warrants (checks) for period reported 2,473,311.84

OH_Warrant_List_BCC_Vend 3

‌MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATION CENTER, HONORABLE PATRICIA M. GLASS CHAMBERS

1112 Manatee Avenue West Bradenton, Florida

July 30, 2024

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

Present were:

Kevin Van Ostenbridge, Chairman Ray Turner, Second Vice-Chairman Amanda Ballard, Third Vice-Chairman George W. Kruse

Mike Rahn

Absent was:

Jason Bearden, First Vice-Chairman District 1 seat is vacant.

Also present were:

Carlos Buqueras, Executive Director Sarah Johnston, Port Authority Attorney

Dustin Peebles Accounting, Clerk of the Circuit Court Hannah Bishop, Deputy Clerk, Clerk of the Circuit Court

1. Chairman Van Ostenbridge called the meeting to order at 9:04 a.m.

   
   

   AGENDA PA20240730DOC001

   Agenda Update Memorandum:

   • Item 3.I, SeaPort Manatee and World Direct Shipping, LLC Lease - Deferred to a later date

   • New Item 3.I, Cargo Pad Contract Award – Added to the agenda

2. PUBLIC COMMENTS

   There being no public comments, Chairman Van Ostenbridge closed public comments.

   
   

   CONSENT AGENDA PA20240730DOC002

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

   
   

   1. WARRANT LIST

      Accepted Warrant Listing from June 13, 2024, to July 16, 2024 PA20240730DOC003

   2. MINUTES

      Approved the Minutes of June 20, 2024

   3. BUDGET AMENDMENT

      Adopted Budget Resolution PA-24-19 PA20240730DOC004

   4. Asset Deletion

      Removed assets as listed on the attached Asset Deletion – July 30, 2024, from the Fixed Assets Listing PA20240730DOC005

   5. Memorandum of Agreement with United States Coast Guard for Hurricane Berthing Space

      Approved the execution by David St. Pierre, SeaPort Director of Public Safety and Security, of a Memorandum of Agreement between the United States Coast Guard and SeaPort Manatee for temporary berthing space during hurricane season

      PA20240730DOC006

      PA MB 23-24/23

      July 30, 2024 (Continued)

      
      

   6. Second Five-Year Extension and Amendment of Marine Towing Tugboat Service Agreement

      Approved and authorized execution on behalf of the Port Authority the Second Five- Year extension and amendment of Port Manatee Tugboat services license agreement between the Manatee County Port Authority and Marine Towing of Tampa, LLC

      PA20240730DOC007

   7. Assignment of Port Manatee Tugboat Services License Agreement and Extension Approved and authorized the Chairman to execute the Assignment of Port Manatee Tugboat Service License Agreement from Seabulk Towing, Inc. to E.N. Bisso and Son Towing, Inc; and the Second Five-Year Extension of Port Manatee Tugboat Services License Agreement between the Manatee County Port Authority and E.N. Bisso and Son Towing, Inc.

      PA20240730DOC008

   8. Berth 6 Concrete Repair Change Order No. 1

      Approved and authorized the Chairman to execute change order No. 1 increasing the amount of $266,440.00 for demolishing higher-strength concrete and repairing more curb than anticipated, subject to the review and approval of FDOT

      PA20240730DOC009

   9. CARGO PAD CONTRACT AWARD

   Approved and authorized the Chairman to execute the contract between the Manatee County Port Authority and Spectrum Underground, Inc. in the amount of

   $2,584,856.45, for a cargo handling pad, subject to the receipt of required bonds and insurance and FDOT approval `PA20240730DOC010

   (End Consent Agenda)

   
   

4. EXECUTIVE DIRECTOR COMMENTS

   Carlos Buqueras, Executive Director, stated growth is happening at the Port, the financial results are outstanding, and the number of jobs being created, is due to the rapid growth.

   
   

5. AUTHORITY MEMBER COMMENTS

Commissioner Rahn stated the Army Engineers provided the $3 million refund to the Port.

There were being no further Member comments, Chairman Van Ostenbridge closed Member comments.

ADJOURN

There being no further business, Chairman Van Ostenbridge adjourned the meeting at 9:08 a.m.

Minutes Approved:                   

PA MB 22-23/24

August 27, 2024

CONSENT

AGENDA ITEM 3.C: BUDGET RESOLUTION

BACKGROUND:

This resolution transfers $1,214 from the Port Grants Capital Improvement 800 mhz Radio Operating project back to Port cash.

ATTACHMENT:

Budget Resolution PA-24-21

COST AND FUNDING SOURCE:

$1,214 transfer back to Port Cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-24-21.

RESOLUTION PA-24-21 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2023-2024

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 2023-2024 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 27th day of August 2024.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:                                   

BUDGET AMENDMENT RESOLUTION NO. PA-24-21 AGENDA DATE: August 27, 2024

1) Fund: Port Capital Grants Port cash

Section: 800 mhz Radios Ops

Description: Budgets $1,214 transfer to Port cash from the 800 mhz radio capital grant project.

Batch ID: BAAL082724A/B Reference: BU24000677

‌August 27, 2024

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 - August 27, 2024

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 – August 27, 2024, from the Fixed Assets Listing.

Asset Deletion - August 27, 2024

‌August 27, 2024

CONSENT

AGENDA ITEM 3.E.: U.S. CUSTOMS PROJECT ACKNOWLEDGMENT BACKGROUND:

The SAFE Port Act of 2006 mandates that containers entering the United States by vessel must be scanned for radiation. Scanning via radiation portal monitors (RPMs) have grown to include scanning 100% of containers entering the United States. Funding to develop base physical infrastructure for the RPMs have been included in several grant applications submitted by Port staff resulting in one award announcement with the grant agreement expected after environmental requirements are completed. The grant(s) and required Port matching dollars will be used to develop base physical infrastructure for the future installation of RPM equipment.

Two brand-new federally funded RPMs are earmarked for SeaPort Manatee. In order for the process to move forward, U.S. Customs and Border Protection has provided a Project Requirements / Acknowledgment which must be signed to advance federal participation and future delivery of the RPM equipment. The Project Requirements / Acknowledgment identifies that the SeaPort would be responsible for providing construction, safety equipment, signage, booth, furnishings, cabling, IT infrastructure, security systems, alarm, uninterruptable power supply, telephone system, computer equipment, appliances, etc. in accordance with CBP’s design at the SeaPort’s expense. This space would be provided to U.S. Customs and Border Protection for free and there would be a lease, but those terms are not yet defined. Further, the SeaPort is required to maintain the A/C utilities, phones, finishes, and periodic upgrades at the SeaPort’s expense. U.S. Customs and Border Protection will not accept revisions or clarifications to the Project Requirements / Acknowledgment.

ATTACHMENT:

Project Requirements Understanding / Acknowledgment – SeaPort Manatee Container Yard and Radiological and Nuclear Detection Equipment Project

COST AND FUNDING SOURCE:

The estimated cost of design services, construction of base physical infrastructure and future installation of RPM equipment is approximately $1,800,000. The cost of federally funded equipment is anticipated to exceed $1,000,000.

CONSEQUENCES IF DEFERRED:

Port may lose place in line for federally funded equipment. LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to approve the execution by Carlos Buqueras, Executive Director, of a Project Requirements Understanding / Acknowledgment – SeaPort Manatee Container Yard and Radiological and Nuclear Detection Equipment Project provided by U.S. Customs and Border Protection.

5519 W Hillsborough Ave. Tampa, FL 33634

Project Requirements Understanding / Acknowledgment – SeaPort Manatee Container Yard and Radiological and Nuclear Detection Equipment Project

1. I affirm SeaPort Manatee’s desire to host or continue to host U.S. Customs and Border Protection (CBP) inspectional personnel at SeaPort Manatee, consistent with legal requirements. I have or will receive(d) a copy of CBP’s Cargo Facility Design Standard, which articulates CBP’s minimum requirements for all Cargo / Container Radiation Portal Monitor (RPM) Federal Inspections Services (FIS) operations along with a list of “Terminal Operator Responsibilities”. I understand that these are the minimum operational facility design requirements and are intended to be used as guidelines for CBP RPM FIS operations at the SeaPort Manatee. Any additional facility requirements mandated by local, state, or federal law, code, standards, or statute must be incorporated into the SeaPort Manatee’s RPM FIS project.

   
   

2. Upon receipt of this signed acknowledgment, CBP will officially authorize engagement of a Radiation Detection Equipment (RDE) / Non-Intrusive Inspection (NII) technology design consultant to provide expert design review services to the SeaPort Manatee (Project Sponsor) to review SeaPort Manatee’s design and construction plans that the Project Sponsor will incorporate into its final plans and permits for proceeding with construction required to meet CBP minimum requirements for a CBP RPM FIS operation.

3. I understand the SeaPort Manatee’s RPM FIS facility will be provided by the Project Sponsor at no cost to the U.S. Government, except for some of the RPM Systems and some associated ancillary equipment, which may be furnished by the U.S. Government. The facility will be constructed as a “turn-key” project. Establishing a CBP turn-key facility requires, at a minimum, complete construction (e.g., equipment, power, utility infrastructures), finishes, safety equipment, signage, a booth, furniture/furnishings, cabling, information technology (IT) infrastructure, security systems, CCTV, alarms, emergency power supply, uninterruptible power supply (UPS), telephone system, computer equipment, appliances, non-intrusive inspection (NII) equipment, along with relocation of preceding requirements and personnel, configured in conformance with CBP approved 100% design plans. The CBP Cargo / Container RPM FIS facility shall be complete, fully operational, and ready for occupancy having met all CBP minimum requirements for Cargo / Container RPM FIS operations. A free space/nominal ($1) fee lease will be executed, enabling CBP to occupy the facility at no cost to the U.S. Government.

   
   

4. I understand that the complete design, procurement, and installation of the IT infrastructure required for CBP operations at the SeaPort Manatee RPM FIS facility will be performed by CBP and that all costs incurred by CBP for this equipment and work will be funded by the Project Sponsor.

   
   

5. I understand that the facility and furnishings must be adequately maintained (i.e., all heating and air-conditioning systems, monthly utilities, phone services, housekeeping, grounds keeping, maintenance, finishes, periodic upgrades, etc.) at the Project Sponsor’s and/or their approved agent’s expense as provisioned in the lease agreement executed with CBP.

6. I understand that complete design and construction documents must be submitted, reviewed, and approved by the CBP Project Manager in writing, prior to moving to the next stage in the design/construction process.

   
   

7. I understand that as the Project Sponsor, I will also be responsible for the decommissioning, relocation transport, infrastructure, installation, any resulting required site restoration, and environmental compliance of any existing government furnished equipment (GFE) (e.g., RPM Booth/Monitoring Station, RPM, or other non-RPM NII equipment), provided by the U.S. Government in support of the Cargo / Container project at SeaPort Manatee, Palmetto, FL. Any decommissioning, transport, relocation, and installation of NII GFE at the project destination shall be under the supervision of the U.S. Department of Homeland Security. Project Sponsor bears all costs.

   
   

8. I understand that my single point of contact for this project will be the CBP Project Manager assigned to this project, who is the CBP One-Voice for executing this project.

Signature Title Name of Project Sponsor

Print Name Email Address Date

‌August 27, 2024

CONSENT

AGENDA ITEM 3.F: FRONTIER LEASE EXTENSION

BACKGROUND:

On October 16, 2003, the Authority executed a ten-year year lease with Verizon Florida LLC (Verizon) effective 5/01/04 – 04/30/14 with two 10-year extension options. Frontier Florida LLC (Frontier) previously acquired Verizon including the land lease agreement with the Authority. Frontier has exercised the second option to renew for a 10-year period through April 30, 2034. The parties have agreed to a rent increase with CPI increases each year.

ATTACHMENT:

Notice from Frontier of Rent Modification to Lease Agreement

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

Delay in amendment with rate increases

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute the Notice of Rent Modification to Lease Agreement letter from Frontier Florida LLC.

26981/001/02684855.DOCXv1

June 3, 2024

Manatee County Port Authority 1112 Manatee Avenue West Bradenton, FL 34205

1919 McKinney Ave, Dallas, TX 75201

Frontier.com

RE: Notice of Rent Modification to Lease Agreement dated May 1, 1989 (as amended and modified, the "Lease,") by and between The Manatee County Port Authority, as "Lessor'', and Frontier Florida LLC, successor in interest to Verizon Florida Inc., f/k/a GTE Florida Inc., as "Lessee", for that certain parcel of land located in Manatee County, Florida, being more fully described in Exhibit A of the Lease.

FL - Palmetto - 2024 Piney Point RD (Port Manatee RSM) (161-70314-24225-L01)

Dear Lessor:

Pursuant to Section 2 and 3 of the Lease Agreement, Lessee and Lessor hereby agree to adjust the rental rate to be four thousand five hundred and 00/100th dollars ($4,500.00), to be paid annually for the Renewal Option Term that commences on May 1, 2024. All other terms and conditions of the Lease shall remain in effect.

Should you have any questions regarding this letter, please feel free to contact Tonya Lowe- Bradley with Newmark at (813) 833-4860 or tonya.lowe@nmrk.com.

Sincerely,

Frontier Florida LLC AGREED and ACCEPTED by LESSOR:

By:                                                By:                                       Name: Kelley Stewart Name:                                       Title: DIR – Real Estate and Facilities Title:                             

Date:       June  3  2024              

Date:                            

‌August 27, 2024

CONSENT

AGENDA ITEM 3.G.: CARGO PAD CONTRACT AWARD CORRECTION BACKGROUND:

On July 30, 2024, the Authority approved a contract between the Manatee County Port Authority and Spectrum Underground, Inc. for a cargo handling pad. The contract attached to the agenda item reflected a contract price of $2,594,856.45. Due to a scrivener error, the amount requested for approval was $10,000 less than the contract price. Request is to ratify the contract previously entered into in the amount of $2,594,856.45.

ATTACHMENT: N/A

COST AND FUNDING SOURCE:

FDOT grant funding and Port cash each in the amount of $1,297,428.22.

CONSEQUENCES IF DEFERRED:

Delay in ratifying correct contract amount

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Ratify the contract between the Manatee County Port Authority and Spectrum Underground, Inc. in the amount of $2,594,856.45, for a cargo handling pad.

‌August 27, 2024

AGENDA ITEM 4.: RESOLUTION FOR THE FISCAL YEAR 2024-2025

MANATEE COUNTY PORT AUTHORITY BUDGET

BACKGROUND:

Port staff has prepared a proposed budget of revenues and expenses for Fiscal Year 2024-2025.

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-24-20 with attached Manatee County Port Authority Operating Budget for Fiscal Year 2024-2025.

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-24-20.

RESOLUTION PA-24-20

RESOLUTION ADOPTING THE 2024-2025 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, 2024, and ending September 30, 2025, and

WHEREAS, it is necessary, expedient and to the best interests of said Port Authority to adopt a budget for the 2024-2025 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, 2024, and ending September 30, 2025, in the amount of $31,055,003 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 27th day of August, 2024.

ATTEST: ANGELINA COLONNESO MANATEE COUNTY PORT AUTHORITY

Clerk of Circuit Court

By:

Chairman

16%

Total revenue

11%

26,437,659

Total expenses 21,356,597 19,898,392

RESERVES 6,539,267

$ -

Total revenue 31,055,003 26,437,659

Total o

Total expenses 26,016,327 24,605,635

Notes: (1) Depreciation expense does not require a use of cash.

TTL Operationg Revenues:

MANATEE COUNTY PORT AUTHORITY FISCAL YEAR 2024/25 BUDGET