A meeting of the Manatee County Port Authority will be held during a meeting of the Board of County Commissioners of Manatee County Tuesday, October 27, 2020, at 9:00 am, or as soon as is practicable, in the Longboat Key Room of the Bradenton Area Convention Center, One Haben Boulevard, Palmetto, FL

MANATEE COUNTY PORT AUTHORITY AGENDA

October 27, 2020 – 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

Public Comments

1. Consent Agenda

   
   

2. 50th Anniversary Proclamation

   
   

3. Del Monte Fresh Produce Warehouse 6 Agreement - TO BE PROVIDED

   
   

4. 2021 Legislative Priorities

   
   

5. Executive Director Evaluation Discussion

Executive Director Comments Public 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.

Priscilla Trace, Chairman

Reggie Bellamy, 1st Vice-Chairman; Misty Servia, 2nd Vice-Chairman; Stephen R. Jonsson, 3rd Vice-Chairman; Vanessa Baugh, Member; Betsy Benac, Member; Carol Whitmore, Member

October 27, 2020

1. CONSENT AGENDA

   
   

   1. Warrant List

      
      

   2. Minutes September 29, 2020

      
      

   3. Budget Resolution

      
      

   4. World Direct Shipping Cargo and Freight Volume Agreement Amendment Three

      
      

   5. 2021 Holiday & Pay Date Schedule

      
      

   6. Notice of Port Authority Meetings Schedule

      
      

   7. Truck Loading Docks Change Order No. 10

      
      

   8. Electronic Funds Source Returned Checks

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

09/22/2020 to 10/18/2020

OH_Warrant_List_BCC_Vend 1

Manatee County Port Authority Warrant (Check) Listing

09/22/2020 to 10/18/2020

OH_Warrant_List_BCC_Vend 2

Manatee County Port Authority Warrant (Check) Listing

09/22/2020 to 10/18/2020

Total warrants (checks) for period reported 3,560,918.35

OH_Warrant_List_BCC_Vend 3

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

BRADENTON AREA CONVENTION CENTER, NORTH CENTER HALL

One Haben Boulevard Palmetto, Florida September 29, 2020

Present were:

Priscilla Whisenant Trace, Chairman Reggie Bellamy, First Vice-Chairman Misty Servia, Second Vice-Chairman

Stephen R. Jonsson, Third Vice-Chairman (attended via ZOOM) Vanessa Baugh

Betsy Benac Carol Whitmore

Also present were:

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

Julie Jensvold, Accountant, Clerk of the Circuit Court

Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Chairman Trace called the meeting to order at 9:05 a.m.

PUBLIC COMMENTS

There being no public comments, Chairman Trace closed public comments.

AGENDA BC20200929DOC001

Agenda Updates:

Carlos Buqueras, Executive Director, announced Item 3, Del Monte Fresh Produce Warehouse 6 Agreement was removed from the agenda. BC20200929DOC002

CONSENT AGENDA BC20200929DOC003

1. A motion was made by Member Servia, seconded by Bellamy, and carried 7 to 0, 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 August 13, 2020 to September 21, 2020BC20200929DOC004

   2. MINUTES

      Approved the Minutes of August 25, 2020\

   3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-20-25 BC20200929DOC005

   4. TARIFF NO. 3; ITEM 447A

      Approve a modification adding trucks to Port Manatee Tariff 3 No. 3 Item 477A, Containers/Trailers/Trucks Storage BC20200929DOC006

   5. CONTRACT/PROFESSIONAL SERVICES

      Executed the First Amendment to Contract for Professional Services with Ramba Law Group for State governmental consulting and lobbying professional services, $3,500 per month BC20200929DOC007

   6. 2020 PORT SECURITY GRANT

      Accept into the record Agreement EMW-2020-PU-00427 from FEMA for perimeter fencing, replacement engine for the Port’s airboat, two-way radios, and upgrades to camera system BC20200929DOC008

      PA MB 19-20/34

      SEPTEMBER 29, 2020 (Continued)

      
      

   7. CARVER MARITIME LEASE AMENDMENT FOUR

      Executed Lease Amendment Four with Carver Marine LLC revising the minimum annual guaranteed tonnage for yeas two and three of the lease (from 150,000 tons to $55,000 FY20, and from 300,000 to 150,000 FY21) BC20200929DOC009

   8. PORT ASSETS

      Removed assets from the September 29, 2020 Fixed Assets Listing BC20200929DOC010

   9. DRUG FREE WORKPLACE AND COMPUTER USE REVSISION

      Approved the revised Chapter 3 now titled “Information Technology Policy Manual” and the revised Chapter 4 now titled “Drug Free and Alcohol Free Workplace Policy and Work Rules” of the Manatee County Port Authority Policies BC20200929DOC011

      (End Consent Agenda)

      
      

2. MAINTENANCE DEBRIS AND MATERAIL REMOVAL AT BERTHS 4, 5, 6, AND 10

Carlos Buqueras, Executive Director, explained this item refers to removal of debris from the areas of the berths being dredged. Silt will go into the dredge maintenance area at the port.

A motion was made by Member Benac, seconded by Member Servia, and carried 7-0, to execute the contract in the base amount of $143,273 plus up to an additional $108,300 with Orion Marine Construction, Inc., for the maintenance debris and material removal within 25 feet in front of the face of the berth at berths 4, 5, 6 and 10, subject to the receipt of all contract documents (received). BC20200929DOC012

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, commented on the following:

• Anticipated the expansion at the port should be completed in approximately 12 months

• TransMontaigne is the leasee of the tank farm and their largest customer is RaceTrac. There was a drop during the quarantine, of about 50 percent, but those numbers are coming up, and they are back to full operations

   The north entrance expansion will allow trucks to access the Port with fewer delays

  
  

  MEMBER COMMENTS

  Member Baugh

• Commented on a reduction in gas taxes and if there would be any effect to the Port

  
  

  Member Benac

• Commented on manufacturing possibilities and job opportunities for welders

PUBLIC COMMENTS

There being no public comments, Chairman Trace closed public comments.

ADJOURN

There being no further business, Chairman Trace adjourned the meeting at 9:18 a.m. Minutes Approved:

PA MB 18-19/35

October 27, 2020

CONSENT

AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

The purpose of this budget resolution is to decrease the unused portion of the management and administration costs in the amount of $9,375 for the 2017 Port Security Grant Program North Gate expansion project and transfer $3,125 to Port cash.

ATTACHMENT:

Budget Resolution PA-21-02.

COST AND FUNDING SOURCE:

2017 PSGP management and administration costs of $9,375 decreased and $3,125 transfer to Port cash.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-21-02.

RESOLUTION PA-21-02 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:

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 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	BAAL102720A/B	BU21000051

   
   

   ADOPTED with a quorum present and voting this the 27th day of October, 2020.

   
   

   ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

   CLERK OF CIRCUIT COURT

   
   

   

   By:

   BUDGET ADMENDMENT RESOLUTION NO. PA-21-02 AGENDA DATE: October 27, 2020

   
   

   1. Fund: Port cash Fund: 2017 PSGP

Section: 2017 Port Security Grant Program M & A

Description: Decreases $9,375 for the unused management and administration budgeted expenses. Also, transfer $3,125 to reserves in the Port Operating fund.

Batch ID: BAAL102720A/B Reference: BU21000051

October 27, 2020

CONSENT

AGENDA ITEM 1.D.: WORLD DIRECT SHIPPING CARGO AND

FREIGHT VOLUME AGREEMENT AMENDMENT THREE

BACKGROUND:

On December 19, 2019, the Authority approved World Direct Shipping (WDS) Cargo and Freight Volume Agreement Amendment Two renewing the Agreement for two years and memorializing negotiated rates for inside and outside storage and waterborne rates through December 31, 2026. WDS, importer annually of thousands of containerized cargoes, and Port staff have agreed to an increased unit rate per container effective January 1, 2021. This request is for approval of the World Direct Shipping Cargo and Freight Volume Agreement Amendment Three.

ATTACHMENTS:

World Direct Shipping Cargo and Freight Volume Agreement Amendment Three

COST AND FUNDING SOURCE:

Possible loss of waterborne revenue

CONSEQUENCES IF DEFERRED:

Delay in Port Authority approval of the negotiated rate between the Port and WDS for containerized cargo waterborne

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize on behalf of the Port Authority the execution of the World Direct Shipping Cargo and Freight Volume Agreement Amendment Three between the Manatee County Port Authority and World Direct Shipping.

WORLD DIRECT SHIPPING CARGO AND FREIGHT VOLUME AGREEMENT - AMENDMENT THREE

The terms and conditions of this World Direct Shipping Cargo and Freight Volume Agreement Amendment Three, hereinafter (“Amendment Three”), made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a political entity of the State of Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Suite 1, Palmetto, Florida 34221, hereinafter referred to as the “Authority”, and WORLD DIRECT SHIPPING, a limited liability company duly organized and existing under the laws of the State of Florida, with a principal place of business located at 600 Tampa Bay Way, Suite 6, Palmetto, Florida 34221, hereinafter referred to as “WDS”, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, amend the World Direct Shipping Cargo and Freight Volume Agreement entered into by the parties hereto dated January 19, 2017 (hereinafter “Agreement”), the World Direct Shipping Cargo and Freight Volume Agreement Amendment One dated April 20, 2017, (hereinafter “Amendment One”), the World Direct Shipping Cargo and Freight Volume Agreement Amendment Two dated December 19, 2019, (hereinafter “Amendment Two”), and state as follows:

1. CONSIDERATION. Each of the parties hereto represent that, as a result of anticipated growth in waterborne commerce, mutual covenants, the long-term benefit to both parties, and other good and valuable consideration, this Amendment Three shall govern the parties’ responsibilities regarding waterborne rates for a set term including dockage, wharfage, linehandling, harbormaster fees, outside storage, waterborne minimum annual guarantee and free time, beginning April 1, 2017 through December 31, 2026. Any fees not listed herein shall be handled under the Port Manatee Tariff, unless otherwise agreed to in writing by the parties.

   26981/001/01667262.DOCXv1 1 of 7

2. SCOPE. This Amendment Three is being entered into for the purpose of amending, modifying and superseding paragraph 3. of the Agreement. Except to the extent herein amended, all other provisions set forth in the Agreement, Amendment One, and Amendment Two shall remain in full force and effect and binding upon the Authority and WDS. In entering into Amendment Three, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against WDS.

3. AMENDMENT. The parties hereby agree to amend, modify, and supersede paragraph 3. of the Agreement, as follows:

   1. TARIFF RATES.

      1. Inside Storage Rates and Charges Per Full Container. During the Initial Term and notwithstanding the storage rates set forth in Port Manatee Tariff Items No. 709 (Fruits/Vegetables) and 702 (Articles – General NOS not otherwise shown), WDS shall pay to the Authority an Inside Storage Rate of $56.856 for full or partially full containers in calendar year 2017, $58.562 in calendar year 2018, $59.837 in calendar year 2019, $61.07 in calendar year 2020, and $125.47 in calendar year 2021. The amount of said cargo shall be based upon the number of containers as shown on the Bills of Lading or other appropriate documentation evidencing the arrival of said cargo at Port Manatee. The Inside Storage Rates shall increase in 2022 and each year thereafter based on the current consumer price index (CPI) increase, but shall not be increased more than 3% for any one year. However, in no event shall WDS be charged more than $142,140 total during calendar year 2017, $146,404 total during calendar year 2018, $154,080 total during calendar year 2019, $152,675 total during calendar year 2020, and $313,675 total during calendar year 2021 (January 1 through December 31) (“Annual Inside Storage Rate Maximum”). The Annual Inside Storage Rate Maximum shall increase each year based on that year’s Inside Storage Rate multiplied by the total Minimum Annual Guarantee for containers as described in subparagraph D below. The Inside Storage Rate and the Annual Inside Storage Rate Maximum will not be decreased. (For example in 2022, the 2022 Inside Storage Rate will equal

         $125.47 multiplied by the then current consumer price index (CPI) increase (not more than 3%). The 2022 Annual Inside Storage rate will equal the 2022 Inside Storage Rate multiplied by 2,500.)

      2. Dockage, Wharfage, Linehandling, Harbormaster Fees. Beginning April 1, 2017 and continuing through December 31, 2019, notwithstanding the dockage, wharfage, linehandling, and harbormaster rates set forth in Port Manatee Tariff Items No. 395 (Dockage Rates – Based on Gross Registered Tons (GRT), 396 (Dockage Rates –

         26981/001/01667262.DOCXv1 2 of 7

         Based on Vessel Length Overall (LOA)), 440 (Linehandling Charges), 482 (Harbormaster Fee) and 495 (Containerized Cargo), WDS shall pay to the Authority:

         • A Dockage rate of $4.51 per LOA; and

         • A Wharfage rate for containerized cargo of $24.00 per each full or partially full 20-foot container and $40.00 per each full or partially full 40-foot container, (there will be no charge for empty containers); and

         • Effective October 15, 2019, a Wharfage rate of $8.00 for containerized cargo of appliances and/or air conditioners per each full or partially full 20-foot container and per each full or partially full 40-foot; and

         • A Linehandling fee of $345 (plus overtime, if applicable) for each arrival and departure; and

         • A Harbormaster fee of $.039 per GRT in 2017 and 2018, and $.040 per GRT in 2019.

           Beginning January 1, 2020 and continuing throughout the term of this Agreement, notwithstanding the dockage, wharfage, linehandling, and harbormaster rates set forth in Port Manatee Tariff Items No. 395 (Dockage Rates – Based on Gross Registered Tons (GRT), 396 (Dockage Rates – Based on Vessel Length Overall (LOA)), 440 (Linehandling Charges), 482 (Harbormaster Fee) and 495 (Containerized Cargo), WDS shall pay to the Authority:

         • A Dockage rate of $4.60 per LOA for January 1, 2020 – December 31, 2020, Dockage: $4.69 per LOA for January 1, 2021 – December 31, 2021 and thereafter the Dockage rate shall increase each year based on the current consumer price index (CPI) increase, but shall not be increased more than 2% for any one year; and

         • A Wharfage rate for containerized cargo of $24.00 per each full or partially full 20-foot container and $40.00 per each full or partially full 40-foot container, (there will be no charge for empty containers) throughout the term of this Agreement and all renewals; and

         • A Wharfage rate of $8.00 for containerized cargo of appliances and/or air conditioners per each full or partially full 20-foot container and per each full or partially full 40-foot container throughout the term of this Agreement and all renewals; and

         • The 2019 Linehandling fee of $345 (plus overtime, if applicable) for each arrival and departure shall increase in January of each year (Jan. – Dec.) in years 2020 and 2021 based on the current consumer price index (CPI) increase, but shall not be increased more than 2% for any one year and thereafter (in years 2022-2026), the Linehandling rates will remain the 2021 rate; and

           26981/001/01667262.DOCXv1 3 of 7

         • The 2019 Harbormaster fee of $.040 per GRT shall increase in January of each year (Jan. – Dec.) in years 2020 and 2021 based on the current consumer price index (CPI) increase, but shall not be increased more than 2% for any one year and thereafter (in years 2022-2026), the Harbormaster fee will remain at the 2021 rate.

           
           

           For each calendar year, including extended term, the wharfage rate for full or partially full containerized cargo shall remain $24.00 per each 20-foot container and $40.00 per each 40-foot container and $8.00 for appliances and/or air conditioners until at such time that the wharfage revenue reaches $140,000 for the calendar years 2017 through 2019 and $280,000 for calendar years 2020 through 2026 (“Annual Specified Wharfage Revenue”). In the event that the Annual Specified Wharfage Revenue is reached, the rate per container for the remaining calendar year for both 20 foot and 40 foot, shall be

           $33.00 during 2017, $34.00 during 2018, and $35.00 in years 2019-2026 and $8.00 for appliances and/or air conditioners, effective October 15, 2019 through December 31, 2026.

           
           

      3. Outside Storage. Beginning April 1, 2017 and continuing through December 31, 2019, notwithstanding the rates set forth in Port Manatee Tariff Item No. 477A (Containers/Trailers Storage), WDS shall pay to the Authority an outside storage rate of $3.25 per container in 2017 and 2018 and $3.33 per container in 2019. The Outside Storage rate shall increase each year (Jan. – Dec.) thereafter based on the current consumer price index (CPI) increase, but shall not be increased more than 2% for any one year.

         
         

      4. Minimum Annual Guarantee. Regardless of the amount of full or partially full containers of cargo actually shipped through Port Manatee by WDS during the Initial Term, WDS guarantees that the amount of inside storage to be paid (January 1 through December 31) for calendar years 2017 and 2018 of this Agreement shall be for at least 2,500 containers stripped for inside storage per calendar year. WDS guarantees that the amount of said inside storage to be paid (January 1 through December 31) for calendar year 2019 of this Agreement shall be for at least 2,575 containers stripped for inside storage per calendar year. This guarantee for inside storage is a major inducement to the Authority for entering into this Agreement, and the Authority has entered into this Agreement in reliance thereon. As soon as 2,500 is reached in each calendar year during the 2017 and 2018 calendar years and 2,575 is reached in the calendar year of 2019, the Minimum Annual Guarantee (MAG) will be settled. The MAG will revert to 2,500 when the renewal option is exercised in calendar years 2020- 2026. Once the container count is reached in each calendar year during the renewal years, the MAG will be settled. Any shortfall for inside storage will be calculated by the difference in the total number of containers stripped for inside storage and the minimum annual guarantee per each calendar year calculated per the Inside Storage

         26981/001/01667262.DOCXv1 4 of 7

         Rate in 3.A. The annual amount of guaranteed wharfage is $280,000 for each calendar year during 2020-2026.

         
         

         After each quarter during the fiscal year throughout the duration or term of this Agreement, an accounting shall be made as to the actual amount of inside storage and waterborne wharfage charged by the Authority and paid by WDS for commodities for each particular quarter, and WDS shall pay the inside storage and wharfage rate set forth herein within thirty (30) days thereafter any difference remaining due between the amount of the commodity inside storage and wharfage actually paid and the amount of the guaranteed commodity inside storage and wharfage for that particular fiscal year. WDS’s failure to meet the minimum guaranteed inside storage and wharfage for any fiscal year will be considered a breach of this Agreement by WDS, and grounds for immediate termination of the Agreement at the Authority’s sole option. WDS shall pay the Authority interest at one and one-half percent (1.5%) per month or part thereof (18%) per annum on any payment which remains unpaid for sixty (60) calendar days from the due date.

         
         

         Regardless of the amount of containers of cargo actually shipped through Port Manatee by WDS during the Initial Term or any extended term, the Authority guarantees that WDS will be provided with sufficient warehouse space to store its incoming cargo and that the Authority will make its best efforts to store related WDS cargo together. However, the Authority makes no guarantees that all of WDS’s cargo can be consolidated and stored together. For refrigerated cargo from de-vanned ocean containers, the Authority shall provide:

         1. Storage to accommodate 2,200 pallets in a refrigerated warehouse that, at all times, shall be capable of meeting PRIMUS GFS certification standards, shall have a wireless internet and an area suitable for Custom’s Border Patrol (CBP) to carry out cargo inspections, be structurally sound with 24-hour external security provided and capable of maintaining temperatures ideal for perishable cargo.

         2. Access to at least 6 refrigerated dock doors where the cold chain may at all times be preserved for all pallet movements: from containers into storage, from storage into containers and into trucks to maintain a temperature ideal for perishable cargo, with access to, infrastructure for, and equipment for, camera monitoring of interior of dock space.

         3. Dry storage space of 20,000 square feet and access to six loading docks.

         For container storage, the Authority shall provide storage space capable of use for storing any empty standard ocean shipping container (or safe stacks thereof), for seventy (70) containers free of charge. For refrigerated containers, the Authority shall provide a minimum of fifty-two (52) safe, functioning 480V container plugs, for

         26981/001/01667262.DOCXv1 5 of 7

         which WDS shall be responsible for the cost of electricity while container plugs are used by containers associated with WDS business. If fifty-two (52) 480V container plugs become insufficient to power the quantity of refrigerated containers required by WDS, WDS shall be permitted use of either (1) the Authority’s mobile generator 480V plug tree to power the remaining refrigerated containers at cost of generator fuel only, or (2) additional 480V plugs, the cost of electricity to be for the account of WDS.

         
         

      5. Other Charges and WDS Responsibilities. Notwithstanding the free time set forth in Port Manatee Tariff Item No. 365 (Free Time), WDS shall receive 30 days’ free time for sugar, 21 days’ free time for paper and 10 days’ free time for all other cargo.

         Charges for electricity of any cold storage or dry storage facility used by WDS shall be the responsibility of WDS and the Authority shall invoice WDS monthly for such charges, after receipt of billing from Florida Power & Light (FPL).

         The Authority agrees to allow WDS the use of the Authority’s portable dock at no cost to WDS. The Authority agrees that WDS will also not be charged for the area utilized to support the cross-dock operation. WDS agrees to maintain the Authority’s portable dock in safe and operable condition throughout the term of this Agreement. WDS agrees to be responsible for all repairs and liabilities associated with the Authority’s portable dock.

         Further, the parties agree that WDS is responsible for any and all of its cargo that is stored at Port Manatee. In accordance with the Port Manatee Tariff, WDS agrees to provide all necessary insurance related to the cargo WDS brings to Port Manatee and that Port Manatee shall not be responsible for any damage to such cargo.

         
         

4. CONFLICT. In the event of a conflict regarding the provisions set forth in paragraph 3. of the Agreement, Amendment One, Amendment Two and the provisions contained in this Amendment Three, the provisions set forth in Amendment Three shall prevail. In the event of a conflict between any other paragraphs within Amendment Three, and the provisions contained in Amendment Two, Amendment One and the Agreement, the provisions set forth in the Agreement, Amendment One, and Amendment Two shall prevail.

5. AUTHORITY TO EXECUTE. Each of the parties hereto covenants to the other party that it has lawful authority to enter into this Amendment Three, that the governing or managing

   26981/001/01667262.DOCXv1 6 of 7

   body of each of the parties has approved this Amendment Three and that the governing or managing body of each of the parties has authorized the execution of this Amendment Three in the manner hereinafter set forth.

6. EFFECTIVE DATE. The effective date of Amendment Three is October 27, 2020.

IN WITNESS WHEREOF, the parties have caused this Amendment Three to be duly executed in duplicate this the 27th day of October 2020.

ATTEST: ANGELINA M. COLONNESO

Clerk of Circuit Court

MANATEE COUNTY PORT AUTHORITY

By : - - - - - - - - - -

Printed: _

By ­

PrisciIla Trace

Chairman AUTHORITY

2698 l/001/0l 667262.DOCXv I 7 of7

October 27, 2020

CONSENT

AGENDA ITEM 1.E.: 2021 HOLIDAY & PAY DATE SCHEDULE

BACKGROUND:

Each year the Port Authority approves a schedule of Port Authority holidays and pay dates for Port employees for the following year.

ATTACHMENT:

Manatee County Port Authority 2021 Holiday & Pay Date Schedule.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the schedule of holidays and pay dates for the Manatee County Port Authority for calendar year 2021.

MANATEE COUNTY PORT AUTHORITY 2021 HOLIDAY & PAY DATE SCHEDULE

THREE (3) PERSONAL HOLIDAYS: To be used on or before December 31, 2021 (Advance approval by management required)

HOLIDAY PAYDATE

October 27, 2020

CONSENT

AGENDA ITEM 1.F.: NOTICE OF PORT AUTHORITY MEETINGS SCHEDULE

BACKGROUND:

The Port Authority, as a special district, is required by Section 189.015 of the Florida Statutes to publish a schedule of the Authority’s regular meetings. The Authority annually adopts a Resolution scheduling its meetings for the fiscal year and has the Resolution published in the Bradenton Herald. It is now appropriate to adopt and publish Resolution PA-21-01, a schedule of the Port Authority’s meetings for fiscal year 2020-2021.

ATTACHMENT:

Resolution PA-21-01 giving notice of Authority meetings.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Delay in complying with Section 189.015 of the Florida Statutes.

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to adopt Resolution PA-21-01 and instruct the Executive Director of the Port Authority to cause of a copy of said resolution to be published in the Bradenton Herald, in accordance with the requirements of section 189.015, of the Florida Statutes.

26981/001/01667253.DOCXv2

RESOLUTION PA-21-01

RESOLUTION OF THE MANATEE COUNTY PORT AUTHORITY GIVING NOTICE OF MEETINGS THEREOF.

BE IT RESOLVED by the Manatee County Port Authority that:

1. Regular meetings of said Port Authority shall be scheduled for the 3rd Thursday of each month, except for June and July, beginning at 9 a.m., or as soon thereafter as same may be commenced, in the meeting room on the 3rd floor of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, Florida, located at the intersection of South Dock Street and Reeder Road at Port Manatee, north of Palmetto, Florida on U.S. Highway 41. During the month of June and July, there shall be no regular meeting of said Port Authority.

   
   

2. Meetings of said Port Authority shall be scheduled for each Tuesday beginning at 9 a.m., or as soon thereafter as same may be commenced, during each regularly scheduled Tuesday meeting of the Board of County Commissioners of Manatee County, Florida and in the same location as the Board of County Commissioners of Manatee County meeting, which is held at either the County Commission chambers on the 1st floor of the Manatee County Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida or at the Manatee County Civic Center, 1 Haben Boulevard, Palmetto, FL 34221, as publicly announced.

   
   

3. Special meetings of said Port Authority may be scheduled to be held in the meeting room on the 3rd floor of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, Florida, located at the intersection of South Dock Street and Reeder Road at Port Manatee, north of Palmetto, Florida on U.S. Highway 41; in County Commission chambers on 1st floor of the Manatee County Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida; or any other accessible public facility in Manatee County, Florida as determined from time to time by the Port Authority and publicly announced.

   
   

4. Said Port Authority may consider and take action on any matter at a meeting of said Port Authority, including, but not limited to, matters listed on the agenda for a Port Authority meeting if such change in the schedule of the agenda in the discretion of the Chairman will expedite the business of the Port Authority.

   
   

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

   
   

6. A copy of this resolution shall be published once in the Bradenton Herald, a newspaper of general paid circulation in Manatee County, Florida, in the section where legal notices and classified advertisements appear.

   
   

7. Resolution PA-20-01 adopted October 8, 2019, giving notice of meetings of said Port Authority is hereby canceled.

ADOPTED with a quorum present and voting this the 27h day of October, 2020. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

Chairman

26981/001/01667253.DOCXv2

October 27, 2020

CONSENT

AGENDA ITEM 1.G: TRUCK LOADING DOCKS CHANGE ORDER NO.

10

BACKGROUND:

On February 20, 2020, the Authority approved the contract with Flores Construction Company in the amount of $1,238,073 for all necessary labor, equipment, and materials for the construction of loading docks. Change orders 1-9 have been approved on the project for a net decrease of $312,601.94. Change Order No. 10 is needed to remove and replace existing concrete to lower the high side and provide curb transition in the amount of $3,410. FDOT has approved the change order.

ATTACHMENT:

Change Order No. 10

COST AND FUNDING SOURCE:

FDOT and Port cash in the amount of $1,705 each

CONSEQUENCES IF DEFERRED:

Delay in warehouse 2 loading dock completion

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Change Order No. 10 to the Flores Construction contract in the amount of $3,410.

CHANGE ORDER NO.: 10

Owner: Manatee County Port Authority

Owner’s Project No.: PSA No. 18-02 ITB-9-0-2019

Engineer: RS&H, Inc.

Engineer’s Project No.: 104-4007-002

Contractor: Flores Construction Co. Contractor’s Project No.: PO-PA005411

Project: Port Manatee Loading Docks – Cold Storage Warehouse Improvements Contract Name: Cold Storage Warehouse Improvements

Date Issued: March 10, 2020

Effective Date of Change Order: August 27, 2020

The contract is modified as follows upon execution of this Change Order: Description:

1. Option 4 per the attached email correspondence to remove a portion of the concrete paving outside the West dock door to provide a level surface for forklift access by lowering high side (South) with a step/curb transition to existing concrete paving to remain and leveling in front of dock door.

Subtotal $ 3,100.00

Markup 10% $ 310.00

Total Change Order No. 10, ADD $ 3,410.00

Attachments:

• Sketch/partial C-103 – one page

Change in Contract Price Change in Contract Times

- Port Authority

John D. Rice, PE, CEM

Recommended by Engineer

Authorized by Owner

By:

Senior Project Management Engineer

Title:

8/27/2020

Date:

Approved by Contractor

- Port Engineer

Authorized by Owner

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October 20, 2020

CONSENT

AGENDA ITEM 1.H.: ELECTRONIC FUNDS SOURCE RETURNED

CHECKS

BACKGROUND:

Many of the Port’s truck drivers use company electronic checks to pay for various fees. Due to operator input error, certain checks were returned unauthorized. To remove from the Port’s account, a write-off must be approved. Request is to approve a write-off for the returned checks in the net total amount of $190.00

ATTACHMENT:

N/A

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the following write-offs: LTS # 4503463341 - $75.00

EFS #1180364995 – ($35.00) EFS #1108247005 - $75.00 EFS #1284596235 - $75.00

October 27, 2020

AGENDA ITEM 2.: 50th ANNIVERSARY PROCLAMATION

BACKGROUND:

In honor of Port Manatee’s 50th anniversary, request is adoption of the proclamation designating October 29, 2020, as Port Manatee Day.

ATTACHMENT:

Proclamation in Honor of Port Manatee’s 50th Anniversary

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Adopt Proclamation designating October 29, 2020, as “Port Manatee Day”.

P R O C L A M A T I O N MANATEE COUNTY PORT AUTHORITY

In Honor of Port Manatee’s 50th Anniversary

WHEREAS, Port Manatee was created by the Florida Legislature in 1965 to promote commerce and create new jobs in Manatee County and was formally dedicated on Oct. 29, 1970; and

WHEREAS, the mission of Port Manatee is to be a powerful catalyst of countywide economic growth and hub of trade-related activity, by developing diversified and competitive deepwater shipping facilities and conducting maritime-related activities in a profitable and environmentally responsible manner; and

WHEREAS, Port Manatee is the closest U.S. deepwater seaport to the expanded Panama Canal and is one of Florida’s fastest-growing deepwater seaports; and

WHEREAS, Port Manatee generates more than $3.9 billion in annual economic impact while providing for more than 27,000 direct and indirect jobs, all without levying ad-valorem taxes; and

WHEREAS, Port Manatee is poised for tremendous growth through its perfect position at the entrance to Tampa Bay while featuring more than 5,000 acres of surrounding land ripe for development.

NOW THEREFORE, I, Priscilla Whisenant Trace, Chair of the Manatee County Port Authority, do hereby proclaim Oct. 29, 2020, as “Port Manatee Day”

IN WITNESS WHEREOF, I have

Hereto set my hand and caused the Seal of the Manatee County Port Authority, Palmetto, Florida, to be affixed this 27th day of October, 2020

Priscilla Whisenant Trace, Chair

October 27, 2020

AGENDA ITEM 3.: DEL MONTE FRESH PRODUCE WAREHOUSE 6

AGREEMENT

BACKGROUND:

On August 25, 2020, the Authority approved the Florida Department of Transportation (FDOT) Public Transportation Grant Agreement (PTGA) for the warehouse modernization initiative project. Del Monte Fresh Produce (Del Monte) has agreed to participate in the funding of the project which will upgrade and modernize warehouse 6 used exclusively by Del Monte. The Warehouse No. 6 Modernization Agreement provides for Del Monte’s contribution of $1,250,000 after the Port contributes $1,000,000 toward the required match.

ATTACHMENT:

Warehouse No. 6 Modernization Agreement – TO BE PROVIDED

COST AND FUNDING SOURCE:

Total for the project is $2,250,000 FDOT, $1,000,000 Port and $1,250,000 Del Monte Fresh Produce.

CONSEQUENCES IF DEFERRED:

Delay in execution of the agreement

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute the Warehouse No. 6 Modernization Agreement between the Port Authority and Del Monte Fresh Produce.

October 27, 2020

AGENDA ITEM 4.: 2021 LEGISLATIVE PRIORITIES BACKGROUND:

Presented for approval is the Manatee County Port Authority 2021 Legislative Priorities as outlined in the attachment.

ATTACHMENT:

Manatee County Port Authority 2021 Legislative Priorities

COST AND FUNDING SOURCE: N/A

CONSEQUENCES IF DEFERRED:

Delay in approving the 2021 Port legislative and advocacy priorities

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve the Manatee County Port Authority 2021 Legislative Priorities.

Manatee County Port Authority 2021 Legislative Priorities

State:

• Advocate for an increase in appropriation for Port Security Grants from the prior year’s mark of $2,000,000 to $3,000,000 annually. This recognizes the need for all ports to upgrade their security networks and access control systems in light of cyber security threats and challenges. The current level does not support the needs expressed by ports statewide. The Florida Ports Council believes our efforts to request expansion of the state grant program is consistent with their efforts to increase the programs funding. Prior year funding at $2,000,000 was vetoed by the Governor increasing the backlog of needed projects.

  
  

• Advocate for introduction and passage of appropriations project request for approximately $990,000 on behalf of the Gulf Shellfish Institute (GSI) and others for water quality improvement through native oyster and clam restoration. Port Manatee is participating with the GSI in a clam restoration project to induce the growth of seagrass. (Note: submitted by Representative Will Robinson last session on behalf of Manatee County Department of Parks and Natural Resources and filed as HR3829—vetoed by Governor.)

  
  

• Advocate for funding in the amount of $1,500,000 from the General Fund to purchase rights to mitigation credits to offset the loss of sea grass beds that would be removed for future expansion of existing or construction of additional berths to accommodate future business growth. It is noted that port waterside expansion cannot occur without these rights and credits. This is a necessary element in the development of a $40+ million extension of Port Manatee’s berth four. This project doubles the capacity of the combined berths four and five to handle growth in ship traffic. (Note; submitted by Representative Robinson last session as HB 4973—and Senator Albritton for Galvano--vetoed by Governor.)

  
  

• Advocate for continuation of full funding for the Florida Ports Council FSTED program in the amount of $25,000,000 to meet Florida seaports infrastructure needs.

  
  

  Federal:

  
  

• Advocate to the Administration and to Congress to recommend full use of the Harbor Maintenance Tax collected from shippers for the sole purpose of federal navigation channel maintenance. The full tax collected should be included in subsequent years in the President’s budget request and in House and Senate Energy and Water Development Appropriation bills. Historically, only about half the taxes collected have been applied to the intended purpose. Remaining funds are held in a trust fund that helps offset the federal deficit at the expense of channel maintenance. This has a disproportionately negative impact on smaller ports.

• Advocate for inclusion of funds in Energy and Water Development Appropriations bills and subsequent Administration Work Plan for the maintenance of Tampa Ship Channel and the Manatee Harbor Channel for Fiscal Years 2021 and 2022 in the amount requested by the Jacksonville District, Corps of Engineers.

  
  

• Advocate for inclusion of Operation and Maintenance funding in the Energy and Water Development Appropriations bill and subsequent Administration Work Plan for the continuation of improvements to the Port Manatee Dredge Material Disposal Facility and continued offload of excess material to Washington Park for Fiscal Years 2021 and 2022 in the amount of $3.5 million.

  
  

• Advocate to Congress to increase USDHS Port Security Grant funding to the authorized level. The Homeland Security Reauthorization Act provides a maximum of $200 million annually for the port security grant program although funding has been limited to $100 million over the past few years. The Administration’s previous budget requests have been significantly below that level.

  
  

• Advocate for inclusion of $5.3 million in the Corps of Engineers FY 2022 workplan for reimbursement of construction work performed by the port in development of the port’s South Channel that would have been a federal responsibility in the sharing of costs.

October 27, 2020

AGENDA ITEM 5.: EXECUTIVE DIRECTOR EVALUATION DISCUSSION

BACKGROUND:

On February 15, 2018, the Authority entered into an Employment Agreement with Mr. Carlos Buqueras subsequently amended on June 12, 2018, by the First Amendment to Employment Agreement and on July 28, 2020, by the Second Amendment to Employment Agreement. The Employment Agreement provides for annual evaluations of the Director’s performance of his duties and responsibilities including all performance measures, goals and objectives established between the Authority and the Director. The Authority’s legal counsel will provide a summary of the short-form evaluation provided to the Authority Members.

ATTACHMENT:

N/A

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

N/A

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

N/A

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