A meeting of the Manatee County Port Authority will be held Thursday, September 16, 2021, at 9:00 am, or as soon thereafter as is practicable in the third-floor meeting room of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder Road at Port Manatee.
Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge may enter Port Manatee by the north or south gate by displaying photo identification, generally a driver’s license.
MANATEE COUNTY PORT AUTHORITY AGENDA
September 16, 2021 – 9:00 am
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
Invocation – Rev. Allen Howe Pledge of Allegiance Audience Introductions Public Comments
Employee Recognition
Presentation – Mike Rubin, President/CEO Florida Ports Council
Presentation – Christian Colmenares, Supervisory Agriculture Specialist, US Customs and Border Protection
Consent Agenda
Del Monte Fresh Produce Lease Renewal and Warehouse 6 Amendment Public Comments
FDOT 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
Misty Servia, 1st Vice-Chairman; James Satcher, 2nd Vice-
Chairman; Carol Whitmore, 3rd Vice-Chairman;
Vanessa Baugh, Member; George Kruse, Member;
Kevin Van Ostenbridge, Member
AGENDA ITEM 1.: EMPLOYEE RECOGNITION
Tim Boothby – Retiring Trusted TWIC Agent
AGENDA ITEM 2.: PRESENTATION – MIKE RUBIN, PRESIDENT/CEO
FLORIDA PORTS COUNCIL
Mike Rubin, is the President/CEO of the Florida Ports Council (FPC). The FPC provides leadership, advocacy and information on seaport-related issues before the Legislative and Executive Branches of State and Federal Government.
Mr. Rubin also served as the Assistant Secretary for the State’s Florida Seaport Transportation and Economic Development program – a statutory local government/state government partnership with the purpose of investing in port transportation or port
facilities projects that will improve the movement and intermodal transportation of cargo
or passengers in commerce and trade that will support the interest, purposes and requirements of ports located in Florida.
Mr. Rubin has over twenty years of experience in the creation and development of state economic development and international trade policy – including the creation of Enterprise Florida, international export promotion programs, and seaport development financing legislation.
Prior to joining the Florida Ports Council, Mr. Rubin was on staff at the Florida House of Representatives for approximately 10 years, where he served as staff director and staff attorney for the House Commerce and Economic Development Committees.
Mr. Rubin received a Bachelor of Arts in International Affairs from Rollins College, and a Juris Doctorate with honors from the Florida State University Law School. Mr. Rubin currently resides in Tallahassee, where he and his wife Brenda raised twin boys.
AGENDA ITEM 3.: PRESENTATION – CHRISTIAN COLMENARES,
SUPERVISORY AGRICULTURE SPECIALIST, US CUSTOMS AND BORDER PROTECTION
Christian Colmenares, is a Customs and Border Protection Supervisory Agriculture Specialist, working with all organizational levels creating, promoting, and delivering solutions that support the agencies mission.
Mr. Colmenares is currently the Acting Port Director in Port Manatee overseeing an operation consisting of maritime and air operations. Previously, he was based in Miami, Florida working out of Miami International
Airport overseeing one of the biggest agriculture operations in the nation. His position requires budget analysis, employee scheduling, employee mentoring, continuous communication with stakeholders and numerous other activities pertaining to the lawful movement of legitimate cargo entering or transiting through the United States and passenger processing throughout the port of entry.
CONSENT AGENDA
Warrant List
Minutes August 19, 2021
Budget Resolution
Insurance Renewals 2021-2022
2021 Port Security Grant Program Agreement
Request for Qualifications Warehouse 6 Modernization Ranking
Stantec Intermodal Container Yard Professional Services Authorization
Deletion of Port Assets
Mobile Harbor Cranes Retrofit
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
08/12/2021 to 09/08/2021
AP | XXXXXXX | V023321 | AMERICAN EXPRESS TRAVEL RELATE | 53.86 |
AP | XXXXXXX | V113719 | APEX OFFICE PRODUCTS INC | 521.54 |
AP | XXXXXXX | V118009 | AT AND T | 70.47 |
AP | XXXXXXX | V013140 | AT AND T MOBILITY | 48.78 |
WT | XXXXXXX | V019189 | BANK OF AMERICA | 10,588.96 |
AP | XXXXXXX | V002730 | BANK OF AMERICA | 1,016.79 |
AP | XXXXXXX | V012515 | BIG RED INC | 6,500.00 |
AP | XXXXXXX | V019416 | BIO TECH CONSULTING INC | 7,250.00 |
AP | XXXXXXX | V007624 | BRIGHT HOUSE | 1,520.10 |
AP | XXXXXXX | V007624 | BRIGHT HOUSE | 466.37 |
AP | XXXXXXX | V007624 | BRIGHT HOUSE | 271.36 |
AP | XXXXXXX | V009839 | BRYANT MILLER AND OLIVE PA | 11,047.50 |
AP | XXXXXXX | V221904 | CHOP SHOP INC | 348.26 |
ZP | XXXXXXX | L245170 | COSTANTINO BODY SHOP INC | 3,741.89 |
AP | XXXXXXX | V006291 | DEX IMAGING INC | 214.36 |
AP | XXXXXXX | V023205 | DIGITAL RIVER INC | 1,480.00 |
AP | XXXXXXX | V282890 | DISCOUNT LOCK AND KEY INC | 12.00 |
AP | XXXXXXX | V025612 | DYNAFIRE INC | 804.66 |
AP | XXXXXXX | V025612 | DYNAFIRE INC | 255.00 |
AP | XXXXXXX | V022096 | ENTECH | 1,648.50 |
AP | XXXXXXX | V024683 | EVERGLADES EQUIPMENT GROUP | 395.99 |
AP | XXXXXXX | V324212 | FEDERAL EXPRESS CORPORATION | 1,785.46 |
ZP | XXXXXXX | L333009 | FLEET PRODUCTS | 125.90 |
ZP | XXXXXXX | L333009 | FLEET PRODUCTS | 4,214.92 |
AP | XXXXXXX | V334298 | FLORIDA MUNICIPAL INSURANCE TR | 55,293.25 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 39,064.96 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 54,830.66 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 45,722.09 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 20,328.42 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 30,903.18 |
WT | XXXXXXX | V334679 | FLORIDA UNEMPLOYMENT COMPENSAT | 53.93 |
AP | XXXXXXX | V021937 | FRONTIER COMMUNICATIONS OF FLO | 2,392.79 |
AP | XXXXXXX | V021937 | FRONTIER COMMUNICATIONS OF FLO | 59.19 |
AP | XXXXXXX | V023397 | GAHAGEN AND BRYANT ASSOCIATES | 11,340.00 |
AP | XXXXXXX | V020807 | GENUINE AUTOMOTIVE | 1,047.86 |
AP | XXXXXXX | V385628 | GRAINGER INC, W W | 165.90 |
AP | XXXXXXX | V007986 | GREATER TAMPA BAY MARINE ADVIS | 1,666.66 |
AP | XXXXXXX | V007986 | GREATER TAMPA BAY MARINE ADVIS | 833.33 |
WT | XXXXXXX | V020386 | HANCOCK BANK | 29,253.12 |
AP | XXXXXXX | V023500 | HOME DEPOT CREDIT SERVICES | 599.44 |
AP | XXXXXXX | V023500 | HOME DEPOT CREDIT SERVICES | 1,775.23 |
AP | XXXXXXX | V004875 | J2 ARTS INC | 595.00 |
AP | XXXXXXX | V015114 | JOHNSTONE SUPPLY | 1,428.16 |
AP | XXXXXXX | V013723 | LOGISTEC USA INC | 14,000.00 |
AP | XXXXXXX | V023184 | LYNCH OIL COMPANY INC | 10,093.27 |
AP | XXXXXXX | V023184 | LYNCH OIL COMPANY INC | 3,915.02 |
OH_Warrant_List_BCC_Vend 1
Manatee County Port Authority Warrant (Check) Listing
08/12/2021 to 09/08/2021
AP | XXXXXXX | V625403 | MAINTENANCE TOO PAPER CO INC | 65.96 |
AP | XXXXXXX | V625403 | MAINTENANCE TOO PAPER CO INC | 109.76 |
AP | XXXXXXX | V627027 | MANATEE CHAMBER OF COMMERCE | 1,000.00 |
AP | XXXXXXX | V004140 | MANATEE COUNTY PUBLIC WORKS DE | 2,706.26 |
UT | XXXXXXX | V004140 | MANATEE COUNTY PUBLIC WORKS DE | 7,423.12 |
AP | XXXXXXX | V000259 | MANATEE SPORTS UNLIMITED | 878.50 |
AP | XXXXXXX | V000259 | MANATEE SPORTS UNLIMITED | 1,107.00 |
AP | XXXXXXX | V681645 | NATIONAL RAILWAY EQUIPMENT | 1,360.00 |
AP | XXXXXXX | V027384 | NORTH RIVER SMALL ENGINE LLC | 99.99 |
AP | XXXXXXX | V027384 | NORTH RIVER SMALL ENGINE LLC | 109.82 |
AP | XXXXXXX | V025892 | OCEANSIDE PROMOTIONS | 1,276.50 |
AP | XXXXXXX | V028053 | ORKIN LLC | 3,452.46 |
AP | XXXXXXX | V010854 | P & T FILTER SALES INC | 214.38 |
AP | XXXXXXX | V010854 | P & T FILTER SALES INC | 198.76 |
AP | XXXXXXX | V746898 | PRINTWORKS | 289.60 |
AP | XXXXXXX | V748180 | PUBLIX SUPER MARKET | 186.64 |
AP | XXXXXXX | V020765 | R S AND H INC | 14,994.02 |
AP | XXXXXXX | V027409 | RAMBA LAW GROUP LLC | 3,500.00 |
AP | XXXXXXX | V027409 | RAMBA LAW GROUP LLC | 3,500.00 |
AP | XXXXXXX | V026821 | RANGER CONSTRUCTION INDUSTRIES | 1.00 |
AP | XXXXXXX | V776386 | RING POWER CORP | 28,500.00 |
AP | XXXXXXX | V025907 | SHORT LINE DATA SYSTEMS INC | 400.00 |
AP | XXXXXXX | V015633 | SIEMENS INDUSTRY INC | 134,579.88 |
WT | XXXXXXX | V874841 | STATE OF FLA DEPT OF REVENUE | 9,499.16 |
AP | XXXXXXX | V875019 | STATE OF FLORIDA | 1,539.72 |
AP | XXXXXXX | V894121 | SUMMERS RAILROAD CONTRACTOR I | 36,773.87 |
AP | XXXXXXX | V028145 | THE MCCLATCHY COMPANY LLC | 1,287.65 |
AP | XXXXXXX | V028145 | THE MCCLATCHY COMPANY LLC | 78.39 |
AP | XXXXXXX | V027963 | UNIFIRST FIRST AID AND SAFETY | 18.38 |
AP | XXXXXXX | V027963 | UNIFIRST FIRST AID AND SAFETY | 19.91 |
AP | XXXXXXX | V009667 | VERIZON WIRELESS | 1,203.67 |
AP | XXXXXXX | V023445 | WEST MARINE PRO | 991.91 |
AP | XXXXXXX | V023445 | WEST MARINE PRO | 674.94 |
AP | XXXXXXX | P000185 | ZERIS, JEANINE | 142.44 |
AP | XXXXXXX | P000292 | ZIMMERMANN,VIRGINIA | 1,111.94 |
Total warrants (checks) for period reported 639,039.76
OH_Warrant_List_BCC_Vend 2
MANATEE COUNTY PORT AUTHORITY REGULAR MEETING
PORT MANATEE INTERMODAL CENTER, THIRD FLOOR
1905 Intermodal Circle Palmetto, Florida AUGUST 19, 2021
Present were:
Reggie Bellamy, Chairman
Misty Servia, First Vice-Chairman
James A. Satcher III, Second Vice-Chairman Carol Whitmore, Third Vice-Chairman George W. Kruse
Absent were:
Vanessa Baugh
Kevin Van Ostenbridge
Also present were:
Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney
Kim Wilder, Finance Director, Clerk of the Circuit Court Susan Butts, Accountant 2, Clerk of the Circuit Court
Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court
Chairman Bellamy called the meeting to order at 9:00 a.m.
INVOCATION
The Invocation was delivered by Reverend Allen Howe, Anchor House, followed by the Pledge of Allegiance.
PUBLIC COMMENTS
There being no public comment, Chairman Bellamy closed public comment.
Carlos Buqueras welcomed Members and Captain Thompson with the US Coast Guard.
AGENDA PA20210819DOC001
U.S. COAST GUARD
Captain Matthew Thompson, U.S. Coast Guard, used a slide presentation to provide breakdown of the Section S.t Petersburg Organization and location, different units within the Sector, various duties, purpose and location of Coast Guard Stations, work with FWC regarding fisheries, search and rescue activities, recreational vessel boardings for safety and equipment, vessel inspections at ports, maintenance to navigation aids, duties at Port Manatee and Port of Tampa, participation in major events (severe weather, special events, Gasparilla Invasion, etc.), specific duties related to Port Manatee including security grants, and multi-agency container inspections.
Captain Thompson responded that the U.S. Navy focuses on deep water and national defense, and the Coast Guard also acts as a law enforcement authority. Many countries overseas have Navy’s that act as Coast Guards. . Challenges include dealing with damage from storms and obtaining funds to repair the stations. Regarding Cuba, he noted that the policy has changed and there is no longer the dry-foot, wet-foot policy. Their role includes search and rescue and deploying assets to assist with natural disasters. PA20210819DOC002
PA MB 20-21/1
AUGUST 19, 2021 (Continued)
CONSENT AGENDA PA20210819DOC003
A motion was made by Member Servia, seconded by Member Kruse, and carried 5 to 0, with Members Baugh and Van Ostenbridge absent, to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda
WARRANT LIST
Accepted Warrant Listing from July 19, 2021, to August 11, 2021 PA20210819DOC004
MINUTES
Approved the Minutes of July 28, 2021
BUDGET AMENDMENT
Adopted Budget Resolution PA-21-17 PA20210819DOC005
PUBLIC TRANSPORTATION GRANT – MASTER PLAN
Adopted Resolution PA-21-13 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation (FDOT) for the Master Plan Update
PA20210819DOC006
DRY CHILL WAREHOUSE
Adopted Resolution PA-21-14 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for the dry/chill warehouse
PA20210819DOC007
INTERMODAL CONTAINER YARD
Adopted Resolution PA-21-15 authorizing the execution of a Public Transportation Amendment to the Public Transportation Grant Agreement with the Florida Department of Transportation for the expansion of the intermodal container yard PA20210819DOC008
ANCHOR HOUSE LEASE
Executed Port Manatee Lease Amendment Two with the Anchor House, Inc., terminating the lease for the Trucker’s Center, and $5,000 being paid to Anchor House, Inc., for improvements made to the site PA20210819DOC009
CORONAVIRUS STATE FISCAL RECOVERY FUNDS
Adopted Resolution PA-21-18 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation Coronavirus State Fiscal Recovery Funds Subrecipient Grant Agreement PA20210819DOC010
I SUBLEASE CARVER MARITIME LLC AND APEX ENGINEERED PRODUCTS
Executed Resolution PA-21-16 authorizing the sublease of land at Port Manatee by Carver Maritime LLC to Apex Engineered Products for the purpose of manufacturing and assembly of heat exchanges and other related products PA20210819DOC011
J. CARGO PAD CONSTRUCTION AND STORAGE
Executed the Cargo Pad Construction/Storage Agreement and Lease Amendment Four with Logistec Gulf Coast LLC extending the agreement three years and reducing the minimum annual guaranteed (MAG) tonnage for FY21 from 250,000 tons to 38,000 tons in recognition of the investments previously made by LGC and for expected improvements needed, In FY22, 23, and 24 the MAG is no MAG, 125,000 tons and 250,000 tons, respectively PA20210819DOC012
(End Consent Agenda)
DEL MONTE FRESH PRODUCE
Mr. Buqueras stated this item is being deferred. PA20210819DOC013
LEGISLATIVE PRIORITES
Virginia Zimmerman, Director of Communications and Public Relations, used a slide presentation to provide an overview of the State legislative priorities including: (1) an increase appropriation for security from $1 million to $3 million annually, due to a need for cyber security; (2) Funding of $950,000 for storm water retention capacity outside the Port’s fence; (3) $990,000 for water quality improvements for native oyster and clam restoration;
(4) Funding $2 million for new and existing sea grass beds; and (5) Funding for $25 million for infrastructure improvements.
PA MB 20-21/2
AUGUST 19, 2021 (Continued)
Discussion ensued regarding the shell fish restoration to clean run off, and how it is being presented to the State.
Dave Sanford, Deputy Executive Direct, there has been continued work the Gulf Shell Fish institute. They have identified a number of areas that do not have sea grass, and could benefit with the shell fish. They are now looking at it from a sea grass and clam perspective and for future mitigation, due to future expansion and the need for mitigation credits.
Regarding stormwater, they are seeking funds for offsite capacity, and working with the National Stormwater Trust, to identify a number of opportunities to develop storm water ponds over capacity, so the Port can purchase capacity for stormwater needs. The Berth 4 expansion will result in a loss of 2.5 acres of sea grass, and they are looking at the mitigation opportunities for that project. The Master Plan update will include expansion of Berths 1, 2, and 3 which will also need seagrass mitigation. The National Stormwater Trust is looking at expanding facilities with an excess of capacity to allow for entities to acquire credits and capacity to enhance other areas that are in greater need.
Mr. Sanford addressed the federal priorities. The port is in the process of off-loading dredge material, and that material went to Washington Park, so they are seeking additional funds from the Corp. of Army Engineers to allocate the amount of material that goes to Washington Park. The other federal project has to do with mitigation as well, for a national program that provides mitigation credits for shell fish, from which the Port would directly benefit. The basic annual federal lobbying program will continue.
Discussion continued regarding concern that the lobbyist for the Port Authority also lobbies for the Town of Longboat Key and the City of Holmes Beach, and issues regarding the cities are under the Board of County Commissioners.
A motion was made by Member Servia, seconded by Member Whitmore and carried 5-0 with Members Baugh and Van Ostenbridge absent, to approve the Manatee County Port Authority 2022 Legislative Priorities. PA20210819DOC014
MANATEE COUNTY PORT AUTHORITY BUDGET
Mr. Buqueras stated this is the time of the year that the budget is presented. The Port is doing well with investments and tenants, and has an excess. This budget includes the expansion by a tenant purchasing property across from the port.
Denise Stuffelbeam used a slide presentation to report on the FY22 proposed budget including $20.8 million in revenue including waterborne revenue, 2022 Operating revenue, operating expenses of $11.5 million, and adding three full-time positions and a merit increase. The Capital Improvement Plan includes $24.8 million worth of projects presented in a video, which addressed berth expansion, perimeter fencing, railroad track expansion, Warehouse 6 renovations, and South Gate expansion. The planned projects would be completed with Federal and State funding (two projects approved today with grants).
Discussion ensued that reserves are $23 million.
A motion was made by Member Servia, seconded by Member Satcher and carried 5-0, with Members Baugh and Van Ostenbridge absent, to adopt Budget Resolution PA-21-12.
PA MB 20-21/3
AUGUST 19, 2021 (Continued)
Discussion continued that there is room for expansion, and the Port does not use tax payer dollars to operate, PA20210819DOC015
PUBLIC COMMENT
There being no public comment, Chairman Bellamy closed public comment.
FLORIDA DEPARTMENT OF TRANSPORTATION
Keith Robbins, Florida Department of Transportation (FDOT), stated the new grants this year, will be executed in the next couple of weeks. The Port Manatee Site Utilization and Network Area Analysis Study has allowed increased capacity for Piney Point Road and site reviews will be completed in the fall, installing a signal on the south side of U.S. 41 for access to I-75 at U.S. 41, and the district Update will be released which will include growth at the Port.
Discussion ensued appreciating FDOT’s investment in the Port, and approximately half the fuel for the Tampa Bay area comes through Port Manatee.
EXECUTIVE DIRECTOR COMMENTS
Carlos Buqueras, Executive Director addressed the following:
The container yard expansion is progressing and is now 68 percent complete;
Port Manatee is efficiently moving yachts for pleasure boat retailer, MarineMax;
Received $4.9 million in COVID-19 recovery funding;
Awarded $1 million-plus federal security grant; and
Committed to staying connected with the local community
Discussion ensued regarding meeting with Galati Yacht Sale regarding using Port Manatee for retrofitting and repair rather than sending ships to the other coast. PA20210819DOC016
MEMBER COMMENTS
Member Servia
Hillsborough County residents pay a tax to support Port Tampa, whereas Manatee County residents do not
Chairman Bellamy
Stressed the importance of the Port
ADJOURN
There being no further business, Chairman Bellamy adjourned the meeting at 10:15 a.m.
Minutes Approved:
PA MB 20-21/4
CONSENT
AGENDA ITEM 4.C: BUDGET RESOLUTION BACKGROUND:
This resolution budgets the following:
2021 Port Security Grant Program funded 75% by Homeland Security for the following projects: $534,960 for the replacement of the north perimeter fencing phase II, $187,500 for cyber security assessment and $333,383 for wireless networking/ camera expansion and
$351,948 by Port cash or 25%.
$250,000 of Port Capital Improvement for upgrades to the second-floor office space at the Intermodal Building for U.S. Customs and Border Protection to comply with Custom’s security policies.
Decrease $3,732 of the Port Capital Improvement expense to close out the completed Warehouse 2 Cold Storage project and transfer to Port cash.
Budgets $260,920 of Port cash for the retrofit of the two Gottwald mobile harbor cranes.
ATTACHMENT:
Budget Resolution PA-21-19.
COST AND FUNDING SOURCE:
Budgets $1,055,843 PSGP 2021 grant funding and $859,136 port cash.
CONSEQUENCES IF DEFERRED:
Delay in budget allocations.
LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:
Move to adopt Budget Resolution PA-21-19.
RESOLUTION PA-21-19 AMENDING THE ANNUAL BUDGET
FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2020-2021
WHEREAS, Florida Statutes 129.06, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:
Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.
Appropriations from reserves may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose.
Unanticipated revenues, including increased receipts for enterprise or propriety funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.
NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2020-2021 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:
Item No. | Batch ID No. | Reference No. |
1 | BAAL091621A/B | BU21000505 |
2 | BAAL091621A | BU21000506 |
3 | BAAL091621A | BU21000508 |
4 | BAAL091621A | BU21000509 |
ADOPTED with a quorum present and voting this the 16th day of September, 2021.
ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY
CLERK OF CIRCUIT COURT
By:
BUDGET ADMENDMENT RESOLUTION NO. PA-21-19 AGENDA DATE: September 16, 2021
1) Fund: 2021 PSGP – 75%
Fund: Port Cash – 25%
Section: North Perimeter Fencing – Phase II Cyber Security Assessment
Wireless Networking/ Camera Expansion
Description: Budgets $1,055,843 for the 2021 Port Security grant and $351,948 Port cash.
Batch ID: BAAL091621A/B Reference: BU21000505
Fund: Port Capital Improvement
Section: Customs Upgrades Intermodal Building
Description: Budgets $250,000 for office space upgrades at the Intermodal Building per the new security policies.
Batch ID: BAAL091621A Reference: BU21000506
Fund: Port Capital Improvement Section: Warehouse 2 Cold Storage
Description: Budgets a decrease of $3,732 to close out the Warehouse 2 Cold Storage project and transfer back to Port cash.
Batch ID: BAAL091621A Reference: BU21000508
BUDGET ADMENDMENT RESOLUTION NO. PA-21-19 AGENDA DATE: September 16, 2021
Fund: Port Cash Section: Port Maintenance
Description: Budgets $260,920 for the retrofit of the two Gottwald mobile harbor cranes to extend the life for approximately 10 years.
Batch ID: BAAL091621A Reference: BU21000509
CONSENT
AGENDA ITEM 4.D.: INSURANCE RENEWALS 2021-2022 BACKGROUND:
A Request for Proposals (RFP) for property and casualty insurance coverage was solicited for fiscal year 2020-2021. Three agencies responded to the RFP for all or some of the coverage requested. The Port’s risk consultant, Interisk Corporation, reviewed the proposals and made recommendations based on premiums, deductibles, coverage levels and insurance carriers quoted. The carriers remain unchanged for fiscal year 2021-2022 coverages.
ATTACHMENT: N/A
COST AND FUNDING SOURCE:
Port Authority Budget for Fiscal Year 2021-22 in the amount of $500,000.
CONSEQUENCES IF DEFERRED:
Lapses in insurance coverage.
LEGAL COUNSEL REVIEW: N/A
RECOMMENDATIONS:
Move to approve the following estimated insurance coverages for the Port Authority (actual premium quotes have not been received from all the carriers). There may be possible increases/decreases due to actual invoice and changes in insurance coverage:
The Florida Municipal Insurance Trust (FMIT) for Real & Personal Property for a premium of $221,173. Boiler and Machinery and Crime included in Real & Personal Property coverage.
Boyd Insurance & Investment Services for Inland Marine, Vehicle Liability and Workers’ Compensation for estimated premiums of $33,716, $16,683 and $68,877, respectively
McGriff, Seibels & Williams, Inc. for estimated Port Liability - $81,576, estimated Umbrella - $72,083, Public Officials (included in Port Liability) and Railroad (included in Port Liability).
CONSENT
AGENDA ITEM 4.E: 2021 PORT SECURITY GRANT PROGRAM
AGREEMENT
BACKGROUND:
The Department of Homeland Security has awarded the Authority $1,055,843 (or 75% of project costs) under the 2021 Port Security Grant Program (PSGP) for the phase 2 of perimeter fencing, cyber security assessment and mitigation and wireless networking expansion. As a condition of the grant, the Port is obligated to contribute 25% (or $351,948), bringing the total project costs to $1,407,791. The accepted agreement is presented to enter into the records.
ATTACHMENT:
Agreement No. EMW-2021-PU-00292-S01
COST AND FUNDING SOURCE:
FEMA Department of Homeland Security grant funding of $1,055,843 and $351,948 from port cash
CONSEQUENCES IF DEFERRED:
Delay in entering agreement into record
LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:
Move to accept into the record Agreement Number EMW-2021-PU-00292-S01 from FEMA Department of Homeland Security for phase 2 of perimeter fencing, cyber security assessment/mitigation and wireless networking expansion.
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-2021-PU-00292
Dear David St. Pierre:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2021 Port Security Grant Program has been approved in the amount of $1,055,843.00. As a condition of this award, you are required to contribute a cost match in the amount of $351,948.00 of non-Federal funds, or 25 percent of the total approved project costs of $1,407,791.00.
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 2021 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, DUNS number, EIN and banking information. Please ensure that the DUNS 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.
ROBERT ALLEN FARMER Signatory Authority
Award Letter
Wed Sep 01 00:00:00 GMT 2021
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-2021-PU-00292-S01
TABLE OF CONTENTS
Article I Summary Description of Award
Article II Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article III Universal Identifier and System of Award Management
Article IV Americans with Disabilities Act of 1990
Article V SAFECOM
Article VI Rehabilitation Act of 1973
Article VII National Environmental Policy Act
Article VIII Acknowledgement of Federal Funding from DHS
Article IX USA PATRIOT Act of 2001
Article X Age Discrimination Act of 1975
Article XI Civil Rights Act of 1964 - Title VI
Article XII Notice of Funding Opportunity Requirements
Article XIII Trafficking Victims Protection Act of 2000 (TVPA)
Article XIV Non-Supplanting Requirement
Article XV Drug-Free Workplace Regulations
Article XVI Federal Leadership on Reducing Text Messaging while Driving
Article XVII DHS Specific Acknowledgements and Assurances
Agreement Articles
Article XVIII Best Practices for Collection and Use of Personally Identifiable Information
Article XIX Civil Rights Act of 1968
Article XX Debarment and Suspension
Article XXI Activities Conducted Abroad
Article XXII Energy Policy and Conservation Act
Article XXIII Procurement of Recovered Materials
Article XXIV Terrorist Financing
Article XXV Hotel and Motel Fire Safety Act of 1990
Article XXVI Duplication of Benefits
Article XXVII Fly America Act of 1974
Article XXVIII Reporting of Matters Related to Recipient Integrity and Performance
Article XXIX Lobbying Prohibitions
Article XXX False Claims Act and Program Fraud Civil Remedies
Article XXXI Federal Debt Status
Article XXXII Nondiscrimination in Matters Pertaining to Faith-Based Organizations
Article XXXIII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Article XXXIV Copyright
Article XXXV Reporting Subawards and Executive Compensation
Article XXXVI Use of DHS Seal, Logo and Flags
Article XXXVII Whistleblower Protection Act
Article XXXVIII Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article XXXIX Patents and Intellectual Property Rights
Article XL Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance Hold
Article XLI Prior Approval for Modification of Approved Budget
Article XLII Disposition of Equipment Acquired Under the Federal Award
Article XLIII Port Security Grant Program Performance Goal
Article XLIV Acceptance of Post Award Changes
Article XLV Applicability of DHS Standard Terms and Conditions to Tribes
Article XLVI Environmental Planning and Historic Preservation (EHP) Review
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 1: Perimeter Fencing Sustainment - Phase 2 is fully funded for $534,960. Investment 2: Wireless Networking/Camera Expansion is fully funded for $333,383. Investment 3: Cyber Security Assessment and Mitigations is fully funded for $187,500.
Article II - 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 III - Universal Identifier and System of Award Management
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 IV - Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. 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 V - 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 VI - 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 VII - 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 VIII - 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 IX - 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), Pub. L. No. 107-56, which amends 18
U.S.C. sections 175-175c.
Article X - Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 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 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 - 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 XIII - Trafficking Victims Protection Act of 2000 (TVPA)
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 XIV - 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 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 - 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 XVII - DHS Specific 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.
Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
Recipients must give DHS access to, and the right 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, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information 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.
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 XVIII - 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 at http://www.dhs.gov/xlibrary/assets/ privacy/privacy_pia_guidance_june2010.pdf and Privacy Template at https://www.dhs.gov/sites/default/files/publications/ privacy_pia_template 2017.pdf as useful resources respectively.
Article XIX - 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 XX - 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 3000. 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 XXI - Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article XXII - 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 XXIII - 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 XXIV - 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 XXV - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, 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 the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. section 2225.)
Article XXVI - 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.
Article XXVII - 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. section 41102) 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 XXVIII - Reporting of Matters Related to Recipient Integrity and Performance
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 XXIX - 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 XXX - 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 XXXI - 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 XXXII - 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 XXXIII - 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 C.F.R. Part 17 and 44
C.F.R. Part 19.
Article XXXIV - 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 XXXV - Reporting Subawards and Executive Compensation
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 XXXVI - 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 XXXVII - 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 XXXVIII - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
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 applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions.
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.
By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. section 170.315, certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
Article XXXIX - 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 XL - Funding Hold: Environmental Planning and Historic Preservation (EHP) Compliance Hold
This award includes work, such as ground disturbance, 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 $1,055,843 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 1: Perimeter Fencing Sustainment - Phase 2 : $534,960. Investment 2: Wireless Networking/Camera Expansion : $333,383. Investment 3: Cyber Security Assessment and Mitigations : $187,500.
To release this hold, the recipient is required to obtain the required FEMA EHP compliance approval for this project pursuant to the FY 2021 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 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.
Article XLI - 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. FEMA is also 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. 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 XLII - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its subrecipients 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.
Article XLIII - Port Security Grant Program Performance Goal
In addition to the Performance Progress Report (PPR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the capability gaps identified in their vulnerability assessment or other relevant documentation or sustains existing capabilities per the FEMA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in the PPR, Section 10. Performance Narrative.
Article XLIV - 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 XLV - 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 subrecipients 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 XLVI - Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires 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. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must
complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. 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 order, regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.
BUDGET COST CATEGORIES | ||
Personnel | $0.00 | |
Fringe Benefits | $0.00 | |
Travel | $0.00 | |
Equipment | $827,030.00 | |
Supplies | $0.00 | |
Contractual | $580,761.00 | |
Construction | $0.00 | |
Indirect Charges | $0.00 | |
Other | $0.00 |
Obligating Document for Award/Amendment | |||||||
1a. AGREEMENT NO. EMW-2021-PU-00292-S01 | 2. AMENDMENT NO. *** | 3. RECIPIENT NO. 510202754 | 4. TYPE OF ACTION AWARD | 5. CONTROL NO. WX04676N2021T | |||
6. RECIPIENT NAME AND ADDRESS Manatee County Port Authority 300 Tampa Bay Way Suite 1 Palmetto, FL, 34221 - 6608 | 7. ISSUING FEMA OFFICE AND ADDRESS FEMA-GPD 400 C Street, SW, 3rd floor Washington, DC 20472-3645 POC: 866-927-5646 | 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603 | |||||
9. NAME OF RECIPIENT PROJECT OFFICER David St. Pierre | PHONE NO. 9417226621 | 10. NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone: 800-368-6498 | |||||
11. EFFECTIVE DATE OF THIS ACTION 09/01/2021 | 12. METHOD OF PAYMENT PARS | 13. ASSISTANCE ARRANGEMENT Cost Reimbursement | 14. PERFORMANCE PERIOD From: To: 09/01/2021 08/31/2024 Budget Period 09/01/2021 08/31/2024 | ||||
1 5. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) | |||||||
PROGRAM NAME ACRONYM | CFDA NO. | ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX- XXXXX-XXXX-XXXX-X | PRIOR TOTAL AWARD | AMOUNT AWARDED THIS ACTION + OR (-) | CURRENT TOTAL AWARD | CUMULATIVE NON- FEDERAL COMMITMENT |
Port Security Grant Program | 97.056 | 2021-FA-GC01-P410- -4101-D | $0.00 | $1,055,843.00 | $1,055,843.00 | See Totals |
$0.00 | $1,055,843.00 | $1,055,843.00 | $351,948.00 | |||
b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A | ||||||
16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Port Security Grant Program recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. | ||||||
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) , | DATE | |||||
18. FEMA SIGNATORY OFFICIAL (Name and Title) SHENAUZ SUBRINA WONG , Assistance Officer | DATE Tue Aug 17 00:40:38 GMT 2021 |
CONSENT
AGENDA ITEM 4.F: REQUEST FOR QUALIFICATIONS WAREHOUSE 6
MODERNIZATION RANKING
BACKGROUND:
The Port Authority has initiated Design Criteria Consultant Professional Services Request for Qualifications (RFQ) associated with the Warehouse 6 Modernization project. This process has been conducted in accordance with Chapter 287.055 Florida Statutes, the Consultants’ Competitive Negotiation Act. There were no responses received from the initial advertisement and the RFQ was readvertised on August 13, 2021. One response was received from Stantec Consulting Services Inc. (Stantec).
The Evaluation Committee consisting of George F. Isiminger, P.E., Senior Director of Engineering, Planning, and Environmental Affairs, Clyde Joseph, Staff Engineer, Abby Lindecamp, Deputy Director of Business Administration & Finance, and Denise Tuck, Del Monte Fresh Produce Terminal Manager, had no objections to Stantec. Recommendation is to approve Stantec for certification and authorization to negotiate a contract for the project.
ATTACHMENT: N/A
COST AND FUNDING SOURCE:
N/A until contracts are negotiated.
CONSEQUENCES IF DEFERRED:
Delay in negotiations of contracts for engineering services on Warehouse 6 Modernization project
LEGAL COUNSEL REVIEW: Yes
RECOMMENDATION:
Move to approve Stantec Consulting Services Inc. for Warehouse 6 Improvement project professional services as recommended by the Evaluation Committee and authorize negotiation of the contract to be brought back to the Port Authority for approval.
CONSENT
AGENDA ITEM 4.G.: STANTEC INTERMODAL CONTAINER YARD
PROFESSIONAL SERVICES AUTHORIZATION
BACKGROUND:
On February 26, 2019, the Authority approved Stantec Consulting Services Inc. (Stantec) for the engineering of the intermodal container yard expansion in the amount of $373,578 plus
$40,000 contingency. The plans were updated for additional refrigerated plugs in the north plot of the container yard for $32,060 of the contingency. Request is to approve $107,150 for additional engineering related to Port staff request to further expand the project scope including additional container yard areas to the east and additional curbed refrigerator-plug islands. The project is funded 50% by FDOT.
ATTACHMENT:
Professional Services Authorization (PSA) No. 21-03
COST AND FUNDING SOURCE:
FDOT grant funding of $53,575 or 50% and Port cash in the amount of $53,575 or 50%.
CONSEQUENCES IF DEFERRED:
Delay in project revisions
LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:
Move to approve and authorize the Chairman to execute Professional Services Authorization
(PSA) No. 21-03 to Stantec in the amount of $107,150 for revisions to the intermodal container yard expansion project, subject to the review and approval of FDOT.
21-03
PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO.
Pursuant to the Port Manatee Professional Engineering Services Contract for Intermodal Container Yard Improvements dated March 12, 2019 between the Manatee County Port Authority, hereinafter referred to as the “Authority”, and
Stantec Consulting Services, Inc.,
hereinafter referred to as the “Consultant”, the Authority hereby authorizes and the Consultant hereby agrees to perform the hereinafter identified professional services for the project, facility or program identified as:
“Intermodal Container Yard Improvements”.
The professional services and additional terms hereby authorized by the Authority and agreed to by the Consultant are set forth in the attached proposal dated May 24, 2021, for the above entitled project, facility or program.
The total fees and expenses for these professional services must not exceed:
$107,150.
DATED:
MANATEE COUNTY PORT AUTHORITY CONTRACT MANAGER
George F. Isiminger, P.E.
By: Senior Director of Engineering,
Executive Director Planning & Environmental Affairs CONSULTANT
By:
Hamid Sahebkar, P.E., Principal
Stantec
Name, Title:
Stantec Consulting Services Inc.
777 S Harbour Island Boulevard Suite 600, Tampa FL 33602-5729
PROFESSIONAL SERVICES PROPOSAL
To: Mr. George F. Isiminger, P.E.
Senior Director of Planning, Engineering and Environmental Affairs Port Manatee
300 Tampa Bay Way Palmetto, FL 34221
From:
Hamid Sahebkar, PE Principal
Date: May 24, 2021
SUBJECT: Request for Additional Services – ASR-3 Addition of Alternative Areas Intermodal Cargo Yard Improvements Port Manatee
Palmetto, Florida
OVERVIEW
Manatee County Port Authority, a political subdivision of the State of Florida (Client) (hereinafter the "Authority" or the "Port") is proposing to expand the existing Intermodal Yard. Port has contracted Stantec Consulting Services Inc. (Stantec) to provide professional services for the above referenced Project. Stantec team proposes to provide Civll Engineering, and related services in support of the proposed project.
Due to project requirements, Client has requested additional services to be provided by the team.
The original project limits included 2 alternative areas to be constructed to the east. Client decided to not proceed with these alternatives at the time of contracting. Stantec team revised drawings and reissued accordingly. Client has asked the contractor to re-price these 2 alternatives to be constructed as part of the current contract. Additionally, Client has requested addition of the Reefer Islands to these alternatives. This additional work adds time to the current construction schedule and requires revision and re-assemblage of the plans by Stantec team.
At the Client’s request, the configuration of Alternatives 1 and 2 will be revised to be as shown on the attached Exhibit A.
Modification of the permits are not anticipated. However, Stantec will reach out to the permitting agencies to confirm if any modifications or documentation will be required. Should a formal modification become necessary, Stantec will review the scope of work with the Client for additional services considerations.
To deliver these Alternatives, the construction schedule is estimated to be extended by four (4) to six (6) months.
May 24, 2021
Attn: Mr. George F. Isiminger, P.E.
Page 2 of 3
Reference: Intermodal Cargo Yard Improvements – Port Manatee -ASR-2
The tasks below include the associated construction support services for the extended services and duration during construction.
SCOPE OF SERVICES
230 Construction Support Services
233 Additional Construction Support Services
Stantec will provide the additional services required during construction for the duration of the extended construction schedule.
410 Container Yard Expansion Alternatives
411 Container Yard Expansion Alternative 1
Revise the plans previously prepared to add the Alternative 1 expansion area and associate improvements. The revise plans will reflect the changes that have been made to the base bid plans. The revise drawings will include all sheets that are within the limits of Alternative 1 area.
These plans will provide both option of including the reefers islands or not.
412 Container Yard Expansion Alternative 2
Revise the plans previously prepared to add the Alternative 2 expansion area and associate improvements. The revise plans will reflect the changes that have been made to the base bid plans. The revise drawings will include all sheets that are within the limits of Alternative 1 area.
These plans will provide both option of including the reefers islands or not.
701.3 Moffatt & Nichole Alt 1/2
Refer to enclosed Attachment D-c for the proposed Additional Scope of Services by Moffatt & Nichol.
702.3 S&ME Alt 1/2
Refer to enclosed Attachment E-c for the proposed Additional Scope of Services by S&ME.
sh v:\2156\active\215614956\admin\correspondence\proposal\asr\asr-3\imcy_stn proposed_asr_3_v000.docx
May 24, 2021
Attn: Mr. George F. Isiminger, P.E.
Page 3 of 3
Reference: Intermodal Cargo Yard Improvements – Port Manatee -ASR-2
FEES
The Fees for the providing these services are as follows
ACTIVITY | FEE TYPE | Activity Fee | |
TASK | DESCRIPTION | ||
230 | Construction Support Services | ||
232 | Additional CSS | Fixed | $16,970 |
Subtotal 230 | $16,970 | ||
410 | ASR 3- Addition of Alternates | ||
411 | Yard Expansion Alt 1 | Fixed | $14,760 |
412 | Yard Expansion Alt 2 | Fixed | $10,020 |
Subtotal Task 410 | $24,780 | ||
701.3 | M&N | ||
701.31 | M&N Parcel 200 Reefers/ Alt 1 | Fixed | $25,700 |
701.32 | M&N Parcel 300 Reefers/ Alt 2 | Fixed | $15,200 |
701.33 | M&N Additional CSS | Fixed | $6,000 |
Subtotal Task 701.3 | Fixed | $46,900 | |
702.3 | S&ME | ||
702.31 | S&ME Alt 1 | Fixed | $9,250 |
702.32 | S&ME Alt 2 | Fixed | $9,250 |
Subtotal Task 702.3 | Fixed | $18,500 | |
TOTAL ASR-3 - Alternative 1 * | Fixed | $63,270 | |
TOTAL ASR-3 - Alternative 2 * | Fixed | $43,880 | |
TOTAL ASR-3 | $107,150 |
CSS is distributed proportionally (Alt1 59% / Alt 2 41%)
Attachments: Exhibit A
“D-c” - Moffatt & Nichol “E-c” – S&ME
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ll1111llllllllilllll PORT MANATEE - BERTH 12
moHott a nlchol
CARGO YARD EXPANSION • MASTER PLAN FIG-005 .;
May 14, 2021
501 E. Kennedy Blvd, Suite 1910
Tampa, FL 33602
(813) 258-8818
Stantec
777 S Harbour Island Boulevard Suite 600 Tampa FL 33602-5729
Attn: Hamid Sahebkar, PE
Subject: Additional Services Request
Port Manatee Intermodal Cargo Yard
Dear Hamid:
Working with Stantec to design the Port Manatee Intermodal Cargo Yard Expansion has resulted in great solutions for Port Manatee that offers flexibility for future development as well as economy to meet the current construction budget. Throughout the course of designing the project, Moffatt & Nichol (M&N) has worked closely with Port Manatee to provide an electrical design to maximize the number of refrigerated plugs to be constructed in this awarded phase, while including infrastructure provisions for future refrigerated plugs.
Port Manatee has requested additional refrigerated plugs be integrated into the ongoing Intermodal Cargo Yard Expansion project, utilizing the electrical infrastructure provisions included in the previous design efforts. Per previous direction from Port Manatee, M&N has separated the additional electrical design tasks into design for the “200” and “300” parcels to include the conduit, switchgear, cable, and receptacles for a full build-out of the identified area. These tasks are outlined as follows.
TASK 1 –PARCEL 200 REFRIGERATED PLUG ADDITIONS
This task includes efforts to revise the electrical distribution system design to include the refrigerated plugs in the “200” parcel rows 3 through 6 as shown outlined in red in the attached exhibit. The following represents the major tasks M&N will need to perform to complete the revised design as requested by Port Manatee.
Scope of Work
Meet with Port Manatee and Contractor to discuss additions and changes to current refrigerated plug distribution design.
Coordinate with the Port to determine planned reuse or disposal of existing portable refrigerated plugs.
Re-evaluate the panelboard demand load for the “200” parcel and design/specify/detail appropriate
panelboard and/or switchboard upgrades to support additional refrigerated plugs.
Revise electrical distribution system design to support refrigerated plug additions.
Design drawings shall reflect updated design – The following sheets are expected to contain revisions addressing the additional refrigerated plugs/units:
E-105 – Revise to show additional refrigerated plug locations. Sheet will also be revised to update new edge of pavement and conduit stub up locations.
Page 1
Hamid Sahebkar, PE
May 14, 2021
E-106 – Revise to update new edge of pavement and conduit stub up locations.
E-402 – Revise to show new switchboard and grounding electrode system.
E-603 – Revise single line diagram for switchboard “P200-04” to show additional refrigerated plug circuits and update switchboard rating. A new sheet may be required to show all additional refrigerated plug circuits.
E-611 – Revise cable schedule to specify required conductors.
E-612 – Revise cable schedule to specify required conductors.
E-621 – Update panel schedule to reflect additional refrigerated plugs, switchboard specifications and demand load.
Perform voltage drop calculation for refrigerated plug circuits.
Re-evaluate short circuit calculation for panelboards/switchboards with the additional refrigerated plugs and FPL service upgrades.
Coordinate with contractor to revise panelboard/switchboard orders to reflect design of additional refrigerated plugs.
Deliverables
Revised Intermodal Cargo Yard Electrical Drawings – Revisions will be incorporated into existing drawing set.
TASK 2 – PARCEL 300 REFRIGERATED PLUG ADDITIONS
This task includes efforts to revise the electrical distribution system design to include the refrigerated plugs in the “300” parcel rows 3 through 6 as shown outlined in blue in the attached exhibit. The following represents the major tasks M&N will need to perform to complete the revised design as requested by Port Manatee.
Scope of Work
Meet with Port Manatee and Contractor to discuss additions and changes to current refrigerated plug distribution design.
Coordinate with the Port to determine planned reuse or disposal of existing portable refrigerated plugs.
Re-evaluate the panelboard demand load for “300” parcel and design/specify/detail appropriate panelboard and/or switchboard upgrades to support additional refrigerated plugs.
Revise electrical distribution system design to support refrigerated plug additions.
Design drawings shall reflect updated design – The following sheets are expected to contain revisions addressing the additional refrigerated plugs/units:
E-108 – Revise to show additional refrigerated plug locations. Sheet will also be revised to update new edge of pavement and conduit stub up locations.
E-109 – Revise to update new edge of pavement and conduit stub up locations.
E-403 – Revise to show new switchboard, FPL utility transformer (if applicable) and grounding electrode system.
E-604 – Revise single line diagram for switchboard “P300-04” to show additional refrigerated plug circuits, FPL utility transformer and update switchboard rating. A new sheet may be required to show all additional refrigerated plug circuits.
E-611 – Revise cable schedule to specify required conductors.
Page 2
Hamid Sahebkar, PE
May 14, 2021
E-612 – Revise cable schedule to specify required conductors.
E-621 – Update panel schedule to reflect additional refrigerated plugs, switchboard specifications and demand load.
The design in the bid drawings show a single relocated service supplying both panelboards in the “200” and “300” parcels, “P200-04” and “P300-04” respectively. M&N will need to coordinate with FPL to determine the new service size. Design of a new service for the “300” parcel is dependent upon the quantity of refrigerated plugs determined by the Port and contractor cost analysis.
Perform voltage drop calculation for refrigerated plug circuits.
Re-evaluate short circuit calculation for panelboards/switchboards with the additional refrigerated plugs and FPL service upgrades.
Coordinate with contractor to revise panelboard/switchboard orders to reflect design of additional refrigerated plugs for each parcel.
Deliverables
Revised Intermodal Cargo Yard Electrical Drawings – Revisions will be incorporated into existing drawing set.
TASK 3 – ADDITIONAL CONSTRUCTION SUPPORT SERVICES
This task includes extended construction support from the originally targeted construction end date of June 2021 to the new target end date of October 2021.
Scope of Work
Includes one additional on-site progress meeting.
Coordination calls with team regarding FP&L.
Contractor coordination support (e-mails and calls as needed)
Includes two additional construction progress meetings (via virtual conference)
Final walkthrough of 200 and 300 yard electrical (assumes both yard walkthroughs will be completed concurrently).
RFI responses from Contractor.
Shop Drawing reviews.
Deliverables
Contractor shop drawing/submittal reviews.
Responses to contractor RFIs.
Parcel 200 and 300 Substantial completion punch list.
ASSUMPTIONS & EXCLUSIONS
A total number of refrigerated plugs and associated layout will be approved by Port Manatee prior to design.
Excludes any design revisions or additional construction support associated with lighting changes.
Page 3
Hamid Sahebkar, PE
May 14, 2021
Excludes any additional communications provision/design.
Preparation of county building department permit application or processing is excluded.
Cost analysis to determine the optimal refrigerated plug additions feasible (within construction cost
constrains) in the “200” and “300” parcels is by the contractor and excluded from Tasks 1 & 2.
Schedule
The schedule to complete Task 1 and/or Task 2 is six (6) weeks from Port Manatee notice to proceed.
Fee
The fee for Tasks 1 and 2 are outlined below. The fee for task 2 is predicated on the completion of Task 1 and reuse of CADD elements developed for Task 1.
TASK | FEE |
Task 1 – PARCEL 200 REFRIGERATED PLUG ADDITIONS | $25,700 |
Task 2 – PARCEL 300 REFRIGERATED PLUG ADDITIONS | $15,200 |
Task 3 – ADDITIONAL CONSTRUCTION SUPPORT SERVICES | $6,000 |
TOTAL | $46,900 |
We look forward to the opportunity to continue to collaborate with Stantec and Port Manatee on this important expansion project. Please let me know if you have any questions or comments.
Sincerely,
MOFFATT & NICHOL
Michael Herrman, PE Vice President
Page 4
May 4, 2021
Stantec
777 South Harbour Island Boulevard, Suite 600 Tampa, Florida 33602
Attention: Mr. Hamid Sahebkar, P.E.
Reference: Proposal for Additional Geotechnical Engineering Services Port Manatee Intermodal Cargo Yard Improvements Palmetto, Florida
S&ME Project No. 14984-19-001 Dear Mr. Sahebkar:
S&ME Inc. is pleased to submit this proposal to provide additional geotechnical engineering services for the
above-referenced project, which will include the performance of construction related services. This proposal presents our understanding of the project requirements, a proposed scope of services, and an anticipated fee for these services.
This proposal is solely intended for the services described below. Use of this proposal and resulting documents, including the final deliverables, is limited to the above referenced project and client. No other use is authorized by S&ME, Inc.
PROJECT INFORMATION
S&ME performed geotechnical engineering services for support of the Intermodal Cargo Yard Improvements project. Subsequent to start of construction, S&ME provided support services including but not limited to bid review, VE option review, proofrolling observation, submittal review, and surcharge evaluation. Port Manatee is anticipating additional funding that may allow them to proceed with Bid Alternates 1 and 2 which consist of expanding the yard to the east along with associated infrastructure.
SCOPE OF SERVICES
Under this proposal, S&ME will provide construction support to the design team during construction to consist of submittal review, progress meeting attendance as required, and site visits to observe implementation of our design recommendations. We anticipate the following services will be required for each alternate:
Attend 2 progress meetings at the site
Review of applicable submittals
Review of provided surcharge data
Visit the site 4 times to observe site works such as proofrolling and overexcavation
Proposal for Additional Geotechnical Engineering Services Port Manatee Intermodal Cargo Yard Improvements
Palmetto, Florida S&ME Project No. 1484-19-001
ANTICIPATED FEE
S&ME will provide the construction support services presented above for a not to exceed, unit rate fee of $9,250 for each Alternate (total fee of $18,500) as presented on Tables 1 and 2. Additional time, if required and approved, will be invoiced at the listed unit rates.
EXCLUSIONS
Our personnel are experienced in the types of work being performed and will perform our services in general accordance with applicable standards of the industry in Florida. Specifically, the following items our excluded from our scope of services.
No construction support services other than those listed above are included (no material testing or construction inspection).
Our fee includes discussion and interpretation of our findings with other members of the team but does not include meetings concerning construction or changes in design beyond those listed above.
Design services unless separately authorized.
AUTHORIZATION
It is assumed that agreement for these services will be in form of an addendum to the existing subconsultant agreement as has been used in the past.
CLOSURE
S&ME appreciates the opportunity to be of service to you. If you have any questions regarding the outlined scope of services, or if we may be of further assistance, please do not hesitate to contact us.
Sincerely,
S&ME, Inc.
Philip J. Erbland, P.E. William L. Fox, P.E.
Principal Engineer Senior Engineer
May 4, 2021 2
S&ME TABLE 1
Port Manatee Container Terminal Expansion S&ME, Inc.
1484-19-001
CONSTRUCTION SERVICES SCOPE - BID ALT 1
PROJECT ESTIMATE SUMMARY
==== ========================= ======== ========== ======== ======== ======== ======== ======= =========== PROFESSIONAL SERVICES
------- ----------------- Principal Senior Proj. Proj. Staff DRAFT ACCT./
TASK Eng. Proj. Eng. Eng. III Eng. I Eng. III W.P. TASK NO. DESCRIPTION $210.00 $185.00 $165.00 $125.00 $95.00 $65.00 $50.00 SUBTOTAL
Item Number
1 Construction Support 50.0 $9,250.00 SUMMARY OF HOURS 0 50 0 0 0 0 0
TOTAL PERSONNEL HOURS = 50
CONSTRUCTION PROFESSIONAL SERVICES TOTAL = $9,250.00
======== ======== ======== ======= ===========
S&ME TABLE 2
Port Manatee Container Terminal Expansion S&ME, Inc.
1484-19-001
CONSTRUCTION SERVICES SCOPE - BID ALT 2
PROJECT ESTIMATE SUMMARY
==== ========================= ======== ========== ======== ======== ======== ======== ======= =========== PROFESSIONAL SERVICES
------- ----------------- Principal Senior Proj. Proj. Staff DRAFT ACCT./
TASK Eng. Proj. Eng. Eng. III Eng. I Eng. III W.P. TASK NO. DESCRIPTION $210.00 $185.00 $165.00 $125.00 $95.00 $65.00 $50.00 SUBTOTAL
Item Number
1 Construction Support 50.0 $9,250.00 SUMMARY OF HOURS 0 50 0 0 0 0 0
TOTAL PERSONNEL HOURS = 50
CONSTRUCTION PROFESSIONAL SERVICES TOTAL = $9,250.00
======== ======== ======== ======= ===========
CONSENT
AGENDA ITEM 4.H.: DELETION OF PORT ASSETS BACKGROUND:
Several old, obsolete assets which 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 - September 16, 2021
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 – September 16, 2021, from the Fixed Assets Listing.
Asset Deletion - September 16, 2021
Serial/VIN# | Date Purchased | Cost | Remaining Book Value | Status | Remarks | ||
Asset # | Description | ||||||
18791 | Fenders | Berth 9 | 9/4/1981 | $ 6,029.42 | $ - | Obsolete | Surplus/Scrap |
50668 | Copeland compressor | 06j62822R | 2/28/2007 | $ 5,800.00 | $ - | Obsolete | Surplus/Scrap |
50669 | Copeland compressor | 07A62096R | 2/28/2007 | $ 7,500.00 | $ - | Obsolete | Surplus/Scrap |
55241 | Laptop, HP Elite Book | CND1210YJL | 7/5/2011 | $ 1,981.48 | $ - | Obsolete | Surplus/Scrap |
55442 | Workstation, Dell Precision | 1RPQMQ1 | 9/1/2011 | $ 16,939.79 | $ - | Obsolete | Surplus/Scrap |
56577 | Printer, EDI secure DCP360i | 126V4846 | 9/1/2011 | $ 3,984.53 | $ - | Obsolete | Surplus/Scrap |
56662 | Camera, Bosch VG5-724-ECE2 | 777640002 | 1/31/2013 | $ 2,333.87 | $ 350.07 | Not Working | Surplus/Scrap |
56664 | Camera, Bosch VG5-724-ECE2 | 777640013 | 1/31/2013 | $ 2,333.87 | $ 350.07 | Not Working | Surplus/Scrap |
56667 | Camera, Bosch VG5-724-ECE2 | 777640001 | 1/31/2013 | $ 2,333.87 | $ 350.07 | Not Working | Surplus/Scrap |
56668 | Camera, Bosch VG5-724-ECE2 | 7776400003 | 1/31/2013 | $ 2,333.87 | $ 350.07 | Not Working | Surplus/Scrap |
56701 | Printer, DCP 360 | 166V4967 | 1/31/2013 | $ 3,741.95 | $ - | Obsolete | Surplus/Scrap |
58588 | Camera, AXIS Q6044 PTZ | 00408CFB7A46 | 9/16/2014 | $ 3,500.50 | $ 1,050.15 | Obsolete | Surplus/Scrap |
CONSENT
AGENDA ITEM 4.I.: MOBILE HARBOR CRANES RETROFIT
BACKGROUND:
The Authority purchased a Gottwald mobile harbor crane in 2008 and another in 2010. The growth in container volumes has resulted in substantial increases in the use of both cranes. To extend the life of the cranes approximately 10 years and enhance the performance of the aging cranes, it is recommended that the hoisting and slewing be upgraded and the drives for the boom cable reel be replaced by state-of-the-art drives. Konecranes submitted a proposal in the amount of $130,460 per crane. The lead time for engineering and parts is approximately 40 weeks. Request is to approve the retrofit of the Port’s two Gottwald mobile harbor cranes.
ATTACHMENTS:
Konecranes Offer
COST AND FUNDING SOURCE:
Port cash
CONSEQUENCES IF DEFERRED:
Delay in upgrading the cranes
LEGAL COUNSEL REVIEW: Yes
RECOMMENDATION:
Move to approve a purchase order to Konecranes, Inc. for the retrofit of the two Port-owned Gottwald mobile harbor cranes in the total amount of $260,920, subject to Konecranes, Inc. acceptance of the Port’s legal counsel’s revised terms and conditions.
1/9
Denise Stufflebeam | ||
2/9
Konecranes Inc., 4912 Old Louisville Road, Suite 302, Garden City, GA 31408
Tel 912.965.0275 www.konecranes.com
Offer MHCO2O921JJD-O1rev2 Offer MHCO42621JJD-O1rev2
Revision 2
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3/9
o o o o o
4/9
5/9
Offer MHCO2O921JJD-O1rev2 Offer MHCO42621JJD-O1rev2
Revision 2
.
6/9
Offer MHCO2O921JJD-O1rev2 Offer MHCO42621JJD-O1rev2
Revision 2
7/9
8/9
9/9
AGENDA ITEM 5.: DEL MONTE FRESH PRODUCE LEASE RENEWAL
AND WAREHOUSE 6 AMENDMENT
BACKGROUND:
Del Monte Fresh Produce, N.A., Inc. (Del Monte) entered into a lease agreement with the Authority in 1988. The original lease has had four amendments with the fourth amendment expiring on August 31, 2021. A new lease effective September 1, 2021, includes additional warehouses, the option for Del Monte to lease and make improvements in warehouse 7 for a ripening room, and other negotiated terms for the warehouses and refrigerated plugs. The term of the lease is five years with two (2) five (5) year renewal options.
In addition, the Warehouse No. 6 Modernization Agreement is amended to update the provisions relating to the term of the lease.
ATTACHMENTS
Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc. – TO BE PROVIDED
First Amendment to Warehouse No. 6 Modernization Agreement – TO BE PROVIDED
COST AND FUNDING SOURCE:
N/A.
CONSEQUENCES IF DEFERRED:
Delay in execution of the lease and the amendment
LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:
Move to approve and authorize the Chairman to execute:
Lease Agreement Between Manatee County Port Authority and Del Monte Fresh Produce N.A., Inc.
First Amendment Warehouse No. 6 Modernization Agreement between the Port
Authority and Del Monte Fresh Produce N.A., Inc.