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Port Manatee GO #9 R1 (002) •

A meeting of the Manatee County Port Authority will be held during a Land Use meeting Thursday, December 15, 2022, at 9:00 a.m., or as soon as is practicable, in the Patricia M. Glass Commission Chambers on the first floor of the County Administrative Center at 1112 Manatee Avenue West, Bradenton, Florida

MANATEE COUNTY PORT AUTHORITY AGENDA

December 15, 2022

9:00 a.m.

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

CALL TO ORDER

Public Comments

Consent Agenda
Intermodal Container Yard Change Order 9
Additions, Changes and/or Increases to Port Manatee Tariff No. 3

Public Comments

Executive Director Comments Commissioner Comments

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

George Kruse, Chairman

James Satcher 1st Vice-Chairman; Jason Bearden 2nd Vice Chairman

Mike Rahn 3rd Vice-Chairman; Amanda Ballard, Member; Vanessa Baugh, Member; Kevin Van Ostenbridge, Member

December 15, 2022

CONSENT AGENDA

Warrant List
Election of Port Authority Officers
Budget Resolution
Amendment to the Public Transportation Grant Agreements
Public Transportation Grant Agreement – Security Vehicles
Arrow Terminals Cargo and Freight Volume Agreement Amendment Six
Deletion of Port Assets
Alpico International Lease Amendment #9

Stantec Intermodal Container Yard Professional Services Authorization

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.

AP	XXXXXXX	V019302	ABBOTT, PAUL SCOTT	450.00
AP	XXXXXXX	V030466	AFFORDABLE LOCK AND SECURITY S	186.90
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	12,508.41
AP	XXXXXXX	V029295	AMAZON CAPITAL SERVICES INC	8,954.75
AP	XXXXXXX	V114045	ARBON EQUIPMENT CORP	4,597.28
AP	XXXXXXX	V013140	AT AND T MOBILITY	110.70
AP	XXXXXXX	V023501	AT AND T TELECONFERENCE SERVIC	46.10
AP	XXXXXXX	V016756	ATKINS NORTH AMERICA INC	46,353.90
WT	XXXXXXX	V019189	BANK OF AMERICA	21,187.92
AP	XXXXXXX	V004571	BATTERY USA INC	241.50
AP	XXXXXXX	V004571	BATTERY USA INC	204.50
AP	XXXXXXX	V004571	BATTERY USA INC	932.50
AP	XXXXXXX	V004571	BATTERY USA INC	552.00
AP	XXXXXXX	V015400	BIG EARTH LANDSCAPE SUPPLY	125.98
AP	XXXXXXX	V153506	BILLS DISCOUNT CENTER	295.00
AP	XXXXXXX	V153506	BILLS DISCOUNT CENTER	500.00
AP	XXXXXXX	V019416	BIO TECH CONSULTING INC	7,975.00
AP	XXXXXXX	V027297	BOULEVARD TIRE CENTER	1,104.72
AP	XXXXXXX	V170611	BOYD INSURANCE AGENCY INC	9,259.50
AP	XXXXXXX	V029174	CHARTER COMMUNICATIONS	77.97
AP	XXXXXXX	V029174	CHARTER COMMUNICATIONS	714.32
AP	XXXXXXX	V029174	CHARTER COMMUNICATIONS	512.92
AP	XXXXXXX	V029174	CHARTER COMMUNICATIONS	527.85
AP	XXXXXXX	P000407	CHESTNUT, DUSTIN	302.75
AP	XXXXXXX	V021377	CINTAS CORPORATION	573.18
AP	XXXXXXX	V027465	CRISDEL GROUP INC	536,590.80
AP	XXXXXXX	V200106	CSX TRANSPORTATION	2,608.00
AP	XXXXXXX	V006291	DEX IMAGING INC	107.43
AP	XXXXXXX	V006291	DEX IMAGING INC	206.12
WT	XXXXXXX	V334600	DIVISION OF RETIREMENT, FLORID	37.98
AP	XXXXXXX	V025612	DYNAFIRE INC	2,392.95
AP	XXXXXXX	V025612	DYNAFIRE INC	836.80
AP	XXXXXXX	P000265	EDWARDS, MALCOLM R	95.00
AP	XXXXXXX	V022096	ENTECH	658.00
AP	XXXXXXX	V022096	ENTECH	4,374.00
AP	XXXXXXX	V323190	FASTENAL COMPANY	141.04
AP	XXXXXXX	V017454	FIRST CHOICE MARINE SUPPLY	506.05
AP	XXXXXXX	P000409	FITZ PATRICK, DANIEL P	144.17
ZP	XXXXXXX	L333009	FLEET PRODUCTS	1,600.22
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	5,827.83
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	25.66
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	54,420.35
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	29.26
AP	XXXXXXX	V019619	FLORIDA POWER AND LIGHT COMPAN	64,201.83
AP	XXXXXXX	V021937	FRONTIER COMMUNICATIONS OF FLO	2,508.16
AP	XXXXXXX	V021937	FRONTIER COMMUNICATIONS OF FLO	2,537.11

AP	XXXXXXX	V021937	FRONTIER COMMUNICATIONS OF FLO	100.00
ZP	XXXXXXX	L007982	FRONTIER LIGHTING INC	187.50
ZP	XXXXXXX	L007982	FRONTIER LIGHTING INC	1,206.01
AP	XXXXXXX	V020655	GARCIA, ELENA	668.16
AP	XXXXXXX	V026528	GEIGER	226.88
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	2,342.89
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	851.31
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	190.08
AP	XXXXXXX	V020807	GENUINE AUTOMOTIVE	131.15
AP	XXXXXXX	V385628	GRAINGER INC, W W	467.29
AP	XXXXXXX	V009540	GRAPEVINE COMMUNICATIONS INTER	2,750.00
AP	XXXXXXX	V388816	GRAYBAR ELECTRIC CO INC	7,024.99
AP	XXXXXXX	V007986	GREATER TAMPA BAY MARINE ADVIS	1,666.66
AP	XXXXXXX	V011880	HAJOCA CORPORATION	337.14
WT	XXXXXXX	V027081	HANCOCK WHITNEY BANK	29,253.12
WT	XXXXXXX	V027081	HANCOCK WHITNEY BANK	29,253.12
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	3,801.50
AP	XXXXXXX	V023500	HOME DEPOT CREDIT SERVICES	653.34
AP	XXXXXXX	V896015	INTERISK CORPORATION	112.50
AP	XXXXXXX	P000094	ISIMINGER, GEORGE	324.00
AP	XXXXXXX	P000094	ISIMINGER, GEORGE	185.53
AP	XXXXXXX	V012352	JANI KING OF TAMPA BAY	713.00
AP	XXXXXXX	V027228	JENNI AND GUYS	85.00
WT	XXXXXXX	V026038	JOCELYN HONG AND ASSOCIATES	5,000.00
AP	XXXXXXX	V493004	JOHNSON CONTROLS INC	1,152.05
AP	XXXXXXX	V493800	JOHNSON PRINTING	233.30
AP	XXXXXXX	V029389	JOHNSTONE SUPPLY	1,036.77
AP	XXXXXXX	V520115	KIMBALL MIDWEST	301.19
AP	XXXXXXX	V520115	KIMBALL MIDWEST	577.35
AP	XXXXXXX	V013723	LOGISTEC USA INC	7,000.00
AP	XXXXXXX	V004489	LOWES HOME CENTER INC	1,961.25
AP	XXXXXXX	V023184	LYNCH OIL COMPANY INC	5,635.68
AP	XXXXXXX	V023184	LYNCH OIL COMPANY INC	15,212.99
AP	XXXXXXX	V030453	MACDONNEL GROUP INVESTMENTS LI	3,995.00
AP	XXXXXXX	V024291	MACKAY COMMUNICATIONS INC	336.10
AP	XXXXXXX	V625403	MAINTENANCE TOO PAPER CO INC	1,020.29
AP	XXXXXXX	V625403	MAINTENANCE TOO PAPER CO INC	479.10
AP	XXXXXXX	V027069	MAN U REP INC	9,140.00
AP	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	2,609.80
AP	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	3,525.46
AP	XXXXXXX	V004140	MANATEE COUNTY PUBLIC WORKS DE	8,315.75
AP	XXXXXXX	V627024	MANATEE COUNTY TAX COLLECTOR	1,494.10
AP	XXXXXXX	V627024	MANATEE COUNTY TAX COLLECTOR	806.89
AP	XXXXXXX	V000259	MANATEE SPORTS UNLIMITED	3,644.70
AP	XXXXXXX	V000259	MANATEE SPORTS UNLIMITED	170.57
AP	XXXXXXX	V028973	MCGRIFF INSURANCE SERVICES INC	64,150.00

AP	XXXXXXX	V026617	MIDCOAST CONSTRUCTION ENTERPRI	222,679.80
AP	XXXXXXX	V026617	MIDCOAST CONSTRUCTION ENTERPRI	40,608.00
AP	XXXXXXX	V681645	NATIONAL RAILWAY EQUIPMENT	14,991.24
AP	XXXXXXX	V002700	NATUR CHEM INC	504.50
AP	XXXXXXX	V002700	NATUR CHEM INC	1,445.00
AP	XXXXXXX	V682112	NEAL, SHEILA	46.55
AP	XXXXXXX	V027384	NORTH RIVER SMALL ENGINE LLC	483.26
AP	XXXXXXX	V027384	NORTH RIVER SMALL ENGINE LLC	13.46
AP	XXXXXXX	V029842	ODP BUSINESS SOLUTIONS LLC	995.14
AP	XXXXXXX	V029842	ODP BUSINESS SOLUTIONS LLC	598.51
AP	XXXXXXX	V028053	ORKIN LLC	60.00
AP	XXXXXXX	V028053	ORKIN LLC	1,495.73
AP	XXXXXXX	V020352	PALMETTO ROTARY	2,715.00
AP	XXXXXXX	V026028	PARATEC DOOR SOLUTIONS INC	410.00
AP	XXXXXXX	V736427	PITNEY BOWES CREDIT CORP	141.00
AP	XXXXXXX	V022437	PREFERRED GOVERNMENTAL INSURAN	14,971.00
AP	XXXXXXX	V018591	PRO MARINE INC	107.87
AP	XXXXXXX	V748180	PUBLIX SUPER MARKET	284.14
AP	XXXXXXX	V027409	RAMBA LAW GROUP LLC	3,500.00
AP	XXXXXXX	V027409	RAMBA LAW GROUP LLC	3,500.00
AP	XXXXXXX	V776386	RING POWER CORP	111.36
AP	XXXXXXX	V015633	SIEMENS INDUSTRY INC	40,778.73
AP	XXXXXXX	V029241	SPEEDPRO IMAGING AFFINITY SOLU	31,613.00
AP	XXXXXXX	P000213	ST PIERRE, DAVID M	417.00
AP	XXXXXXX	V018137	STANTEC CONSULTING SERVICES IN	71,723.23
WT	XXXXXXX	V874841	STATE OF FLA DEPT OF REVENUE	17,167.03
WT	XXXXXXX	V874841	STATE OF FLA DEPT OF REVENUE	6,338.28
AP	XXXXXXX	V875019	STATE OF FLORIDA	804.19
AP	XXXXXXX	V028838	STEELSMITH, LLC	600.00
AP	XXXXXXX	V894121	SUMMERS RAILROAD CONTRACTOR I	2,837.43
AP	XXXXXXX	V901518	TAMPA BAY STEEL CORPORATION	4,282.44
AP	XXXXXXX	V901518	TAMPA BAY STEEL CORPORATION	2,116.76
AP	XXXXXXX	V906395	TERRY SUPPLY COMPANY	179.24
AP	XXXXXXX	V906395	TERRY SUPPLY COMPANY	321.51
AP	XXXXXXX	P000397	TILLOTSON, CHARLES D	133.00
AP	XXXXXXX	V923225	TROPHY CASE, THE	90.00
AP	XXXXXXX	V028789	TSW AUTOMATION INC	850.00
WT	XXXXXXX	V016227	US ARMY CORPS OF ENGINEERS	675,006.00
AP	XXXXXXX	V024682	US COATING SPECIALISTS LLC	476,241.74
AP	XXXXXXX	V009667	VERIZON WIRELESS	1,242.03
AP	XXXXXXX	V009667	VERIZON WIRELESS	610.94

Total warrants (checks) for period reported 2,661,488.03

December 15, 2022

CONSENT

AGENDA ITEM 1.B.: ELECTION OF PORT AUTHORITY OFFICERS

BACKGROUND:

An election was conducted during the meeting of the Board of County Commissioners on December 6, 2022, of the officers of said Board and the Port Authority. It is appropriate that the election of the Port Authority officers be confirmed at this Port Authority meeting.

ATTACHMENT:

None.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

N/A.

LEGAL REVIEW: Yes

RECOMMENDATION:

Move to approve, ratify and confirm the election of George Kruse as Chairman, James Satcher as First Vice Chairman, Jason Bearden as Second Vice Chairman and Mike Rahn as Third Vice Chairman of the Port Authority effective 12:01 a.m. January 1, 2023, to serve for the calendar year 2023, or until their successors are duly elected.

December 15, 2022

CONSENT

AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets the following:

Budgets $202,392 for the Seaport Security Initiative project funded $150,000 by FDOT and
$52,392 of Port cash for the purchase of security vehicles to support the various security functions at the Port.
Budgets $35,200 of additional funding for upgrades to the second-floor office space at the Intermodal Building for U.S. Customs and Border Protection to comply with Customs security policies, which were not in the original scope.
Budgets a decrease to the Berth 11 Improvement project and increase the Berth 4 Improvement project for the same amount of $725,249 to close out the completed project.

ATTACHMENT:

Budget Resolution PA-23-08.

COST AND FUNDING SOURCE:

Budgets $150,000 FDOT funding, $87,592 port cash. Transfers $725,249 of budgeted FDOT and Port cash (75/25) from Berth 11 Improvement to Berth 4 Improvement.

CONSEQUENCES IF DEFERRED:

Delay in budget allocations.

LEGAL COUNSEL REVIEW: N/A RECOMMENDATION:

Move to adopt Budget Resolution PA-23-08.

RESOLUTION PA-23-08 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2022-2023

WHEREAS, Sections 129.06 and 180.016, Florida Statutes, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:

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 2022-2023 budget is hereby amended in accordance with Section 129.06 and 180.016, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:

Item No.	Batch ID No.	Reference No.
1	BAAL121522A/B	BU230000146
2	BAAL121522A	BU230000147
3	BAAL121522A	BU230000148

ADOPTED with a quorum present and voting this the 15th day of December, 2022.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT

By:

BUDGET AMENDMENT RESOLUTION NO. PA-23-08 AGENDA DATE: December 15, 2022

Fund: FDOT
Port Cash

Section: Seaport Security Initiative

Description: Budgets $202,392 for Port Security vehicles funded $150,000 by FDOT grant and $52,392 Port cash.

Batch ID: BAAL121522A Reference: BU23000146
Fund: Port Capital Improvement

Section: Customs Upgrades Intermodal Building

Description: Budgets additional funding of $35,200 for office space upgrades at the Intermodal Building per the new security policies.

Batch ID: BAAL121522A Reference: BU23000147
Fund: FDOT
Fund: Port Cash

Section: Berth 11 Improvements Section: Berth 4 Improvements

Description: Decreases $725,249 in the Berth 11 Improvement project and increases the same for the Berth 4 Improvement project to close out the completed project.

Batch ID: BAAL121522A Reference: BU23000148
December 15, 2022

CONSENT
AGENDA ITEM 1.D: AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENTS

BACKGROUND:

On October 20, 2022, the Authority approved scope changes for Public Transportation Grant Agreements (PTGA) for Berth 4 Extension (Contract G1946) and Berth Rehabilitation (Contract G2710). There is no change in the funding amount and as such a resolution was not included in the agenda item. The Florida Department of Transportation (FDOT) has requested resolution approval for the scope changes and the contracts are now included with resolutions for approval.

The scope of both PTGA’s is modified to include the deepening activities and transportation to a beneficial use site or disposal in a dredge material management area.

ATTACHMENT:

Resolution PA 23-04 and the Public Transportation Amendment to the Public Transportation Grant Agreement G1946 – Berth 4 Extension

Resolution PA 23-05 and the Public Transportation Amendment to the Public Transportation Grant Agreement G2710 – Berth Rehabilitation

COST AND FUNDING SOURCE:

Previously budgeted for the project is $11,374,166 FDOT and $3,791,389 Port-G1946 Previously budgeted for the project is $5,000,000 FDOT and $1,666,667 Port-G2710

CONSEQUENCES IF DEFERRED:

Delay in updating scope revisions LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:
- Move to adopt Resolution PA 23-04 authorizing the Chairman to execute the Public Transportation Amendment to the Public Transportation Grant Agreement (Contract G1946) with the Florida Department of Transportation for the extension of Berth 4 modifying the scope to include deepening activities.
- Move to adopt Resolution PA 23-05 authorizing the Chairman to execute the Public Transportation Amendment to the Public Transportation Grant Agreement (Contract G2710) with the Florida Department of Transportation for berth rehabilitation modifying the scope to include deepening activities.
Financial Project Number
433457-1-94-05
Contract Number G1946

PA-23-04

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

WHEREAS, the State of Florida Department of Transportation (Department) has offered to enter into a Public Transportation Amendment to the Public Transportation Grant Agreement with the Manatee County Port Authority (Port Authority) to provide Department participation in the berth rehabilitation and berth extension, and

WHEREAS, the Port Authority has the authority to enter into said Public Transportation Amendment to the Public Transportation Grant Agreement with the Department, and it is expedient and in the best interests of this Port Authority to approve and authorize the execution of the Amendment to the Public Transportation Grant Agreement.

NOW THEREFORE BE IT RESOLVED by the Manatee County Port Authority that:
1. The State of Florida Department of Transportation Public Transportation Grant Agreement, identified as State Grant Number G1946 wherein the Department agrees to a maximum participation in the amount of $11,374,166 is approved. The Chairman of the Port Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is authorized to execute the Amendment to the Public Transportation Grant Agreement on behalf of the Port Authority.
2. The Executive Director, or his authorized representative, is specifically authorized to enter into and execute any amendment or supplement to the Public Transportation Grant Agreement(s) (PTGA) for the limited purposes of scope changes, funding adjustments which do not require additional matching funds from the Authority, contract duration revisions, as well as Assurances, Certifications and other documents as may be required to support this project.
3. The Clerk of the Circuit Court of Manatee County, Florida, is authorized to cause two copies of this resolution to be certified for delivery to the Florida Department of Transportation.

ADOPTED with a quorum present and voting this the 15th day of December, 2022. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT

CLERK OF CIRCUIT COURT AUTHORITY

By:

Chairman

Financial Project Number

433457-1-94-06

Contract Number G2710

PA-23-05

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

WHEREAS, the State of Florida Department of Transportation (Department) has offered to enter into a Public Transportation Amendment to the Public Transportation Grant Agreement with the Manatee County Port Authority (Port Authority) to provide Department participation in the berth rehabilitation and berth extension, and

WHEREAS, the Port Authority has the authority to enter into said Public Transportation Amendment to the Public Transportation Grant Agreement with the Department, and it is expedient and in the best interests of this Port Authority to approve and authorize the execution of the Amendment to the Public Transportation Grant Agreement.

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

The State of Florida Department of Transportation Public Transportation Grant Agreement, identified as State Grant Number G2710 wherein the Department agrees to a maximum participation in the amount of $5,000,000 is approved. The Chairman of the Port Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is authorized to execute the Amendment to the Public Transportation Grant Agreement on behalf of the Port Authority.
The Executive Director, or his authorized representative, is specifically authorized to enter into and execute any amendment or supplement to the Public Transportation Grant Agreement(s) (PTGA) for the limited purposes of scope changes, funding adjustments which do not require additional matching funds from the Authority, contract duration revisions, as well as Assurances, Certifications and other documents as may be required to support this project.
The Clerk of the Circuit Court of Manatee County, Florida, is authorized to cause two copies of this resolution to be certified for delivery to the Florida Department of Transportation.

ADOPTED with a quorum present and voting this the 15th day of December, 2022. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT

CLERK OF CIRCUIT COURT AUTHORITY

By:

Chairman

Financial Project Number(s):

(item-segment-phase-sequence)

433457-1-94-05

Fund(s): DIS, DPTO, GMR, POED

Work Activity Code/Function: 215

Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title:

G1946

N/A N/A

Federal Number/Federal Award Identification Number (FAIN) – Transit only: Federal Award Date:

SAM/UEI Number:

FLAIR Category: 088794, 088807

Object Code: 751000

Org. Code: 55012020129

Vendor Number: VF596000727160 Amendment No.: 03

55.005, 55.034

Seaport Grant Program, Seaport Investment Program

THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (“Amendment”) is made and entered

into on , by and between the State of Florida, Department of Transportation (“Department”), and Manatee County Port Authority, (“Agency”),collectively referred to as the “Parties.”

RECITALS

WHEREAS, the Department and the Agency on 6/12/2019 (date original Agreement entered) entered into a Public Transportation Grant Agreement (“Agreement”).

WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows:

Amendment Description. The project is amended to replace Exhibit A, Project Description and Responsibilities.
Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):

Aviation
X Seaports Transit Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance
*Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements
*Exhibit G: Financial Assistance (Single Audit Act)
*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance

*Additional Exhibit(s):
Project Cost.

The estimated total cost of the Project is increased/ decreased by $0 bringing the revised total cost of the project to $15,165,555.

The Department’s participation is increased/ decreased by $0. The Department agrees to participate in the Project cost up to the maximum amount of $11,374,166, and, additionally the Department’s participation in the Project shall not exceed 75.00% of the total eligible cost of the Project.

Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above.

AGENCY Manatee County Port Authority

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By: By: Name: Name: John Kubler, P.E.

Title: Title: Director of Transportation Development

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

Legal Review:

EXHIBIT A

Project Description and Responsibilities

Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): This Project provides Department participation for SeaPort Manatee’s berth rehabilitation and reconstruction initiative for berths 4 through 14. For context, when berths are taken out-of- service, the port has to shift vessel activities to berths that are remaining in-service. The timing of individual berthing rehabilitation activities requires flexibility. Rehabilitation and reconstruction of berths 4 through 14 includes two primary components.
1. The combined berth length of berths 4 and 5 is only 1,200 feet, making it difficult to support vessel operations on each berth simultaneously. In addition, there is an area of overlapped use between berths 4 and 5, which experiences double the use of each individual berth, leading to increased wear and tear of this overlapping area. A reconstruction of berth 4 is the most viable approach to correct the design of the Port’s North Port area, maximize the Port’s operating capacity, and to extend the design life of berths 4 and 5. The reconstruction will extend the berth 4 wharf and deepen adjacent waterways by 600 feet northward, and extend berth 5 southward by approximately 50 feet. Deepening activities will generate approximately 475,000 cubic yards of material. Material will be transported and placed at a beneficial use site or disposed of in a dredge material management area.
2. Berths 6 through 14 need improvements to ensure operational and functional capabilities between all berths. Rehabilitation and construction activities are needed to restore and maintain their functionality and allow for continued cargo operations.
Project Location (limits, city, county, map): Palmetto, Florida
Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This Project includes the environmental work, design work, and construction work required to complete the berth rehabilitation and reconstruction activities described in the Project Description, including: aids to navigation; apron improvements; asphalt paving activities; benthic studies; berthing area widening and deepening; bulkhead caps; bulkhead wall excavation, patching, backfilling and grouting; cap faces repair or installation; cable protection systems; cap soffits repair or installation; cast in place concrete; cathodic protection; compaction; concrete beams; construction; construction inspection cost; construction management; construction services; consulting services; contractor stand-by; cost estimates; crack repairs; crane rail repair or installation; deck ballast; demobilization; demolition; electrical systems; engineering services; environmental assessments; environmental impact mitigation; fasteners and connectors; fenders and bollards; form work; geotechnical services; historical resource studies; installation and testing; lighting systems; mitigation assessments; mobilization; panel soffits repair or installation; permitting; pilings; plan development (e.g., 30 / 60 / 90 / 100 % and as-builts); precast concrete; preconstruction engineering and design; procurement costs; rebar repair or installation; reconstruction of underdeck concrete; seagrass studies; seagrass mitigation; sheet piling; shore and slope protection; sidewalk and walkway systems; signage and way finding; steel; stormwater management; striping of roadway or storage areas; structural components; surveying; temporary structures; tie-back systems; transportation, placement or disposal of dredge material; turning basin widening and deepening; and, water quality protection structures.
Deliverable(s):

The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.
Unallowable Costs (including but not limited to): Travel costs are not allowed.
Transit Operating Grant Requirements (Transit Only):

Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met.

Page 5 of 6

GRANT AGREEMENT EXHIBITS

OGC 09/22

EXHIBIT D AGENCY RESOLUTION

PLEASE SEE ATTACHED

AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT

OGC 11/19

Financial Project Number(s):

(item-segment-phase-sequence)

433457-1-94-06

Fund(s):

Work Activity Code/Function: Federal Number/Federal Award

Identification Number (FAIN) – Transit only:

Federal Award Date: SAM/UEI Number:

DPTO

215

Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title:

G2710

N/A N/A 55.005

FLAIR Category: 088794

Object Code: 751000

Org. Code: 55012020129

Vendor Number: VF596000727160 Amendment No.: 01

Seaport Grant Program

THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (“Amendment”) is made and entered

into on , by and between the State of Florida, Department of Transportation (“Department”), and Manatee County Port Authority, (“Agency”),collectively referred to as the “Parties.”

RECITALS

WHEREAS, the Department and the Agency on 4/27/2022 (date original Agreement entered) entered into a Public Transportation Grant Agreement (“Agreement”).

WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows:

Amendment Description. The project is amended to replace Exhibit A, Project Description and Responsibilities.
Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):

Aviation
X Seaports Transit Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance
*Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements
*Exhibit G: Financial Assistance (Single Audit Act)
*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT
OGC 11/19

*Additional Exhibit(s):
Project Cost.

The estimated total cost of the Project is increased/ decreased by $0 bringing the revised total cost of the project to $6,666,667.

The Department’s participation is increased/ decreased by $0. The Department agrees to participate in the Project cost up to the maximum amount of $5,000,000, and, additionally the Department’s participation in the Project shall not exceed 75.00% of the total eligible cost of the Project.

Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above.

AGENCY Manatee County Port Authority

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By: By: Name: Name: John Kubler, P.E.

Title: Title: Director of Transportation Development

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

Legal Review:

EXHIBIT A

Project Description and Responsibilities

Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): This Agreement provides for the Department's financial participation in SeaPort Manatee’s berth rehabilitation and reconstruction initiative for berths 4 through 14. For context, when berths are taken out-of-service, the port has to shift vessel activities to berths that are remaining in-service. The timing of individual berthing rehabilitation activities requires flexibility. Rehabilitation and reconstruction of berths 4 through 14 includes two components.
1. The combined berth length of berths 4 and 5 is only 1,200 feet, making it difficult to support vessel operations on each berth simultaneously. In addition, there is an area of overlapped use between berths 4 and 5, which experiences double the use of each individual berth, leading to increased wear and tear of this overlapping area. A reconstruction of berth 4 is the most viable approach to correct the design of the Port’s North Port area, maximize the Port’s operating capacity, and to extend the design life of berths 4 and 5. The reconstruction will extend the berth 4 wharf and deepen adjacent waterways by 600 feet northward, and extend berth 5 southward by approximately 50 feet. Deepening activities will generate approximately 475,000 cubic yards of material. Material will be transported and placed at a beneficial use site or disposed of in a dredge material management area.
2. Berths 6 through 14 need improvements to ensure operational and functional capabilities between all berths. Rehabilitation and construction activities are needed to restore and maintain their functionality and allow for continued cargo operations.
Project Location (limits, city, county, map): Palmetto, Florida
Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This Project includes the environmental work, design work, and construction work required to complete the Berth development activities described in the Project Description, including: aids to navigation; apron improvements; asphalt paving activities; benthic studies; berthing area widening and deepening; bulkhead caps; bulkhead wall excavation, patching, backfilling and grouting; cap faces repair or installation; cable protection systems; cap soffits repair or installation; cast in place concrete; cathodic protection; compaction; concrete beams; construction; construction inspection cost; construction management; construction services; consulting services; contractor stand-by; cost estimates; crack repairs; crane rail repair or installation; deck ballast; demobilization; demolition; electrical systems; engineering services; environmental assessments; fasteners and connectors; fenders and bollards; form work; geotechnical services; historical resource studies; inspection costs; installation and testing; lighting systems; mitigation assessments; mobilization; panel soffits repair or installation; permitting; pilings; plan development (e.g., 30 / 60 / 90 / 100 % and as-builts); precast concrete; preconstruction engineering and design; procurement costs; rebar repair or installation; reconstruction of underdeck concrete; seagrass studies; sheet piling; shore and slope protection; sidewalk and walkway systems; signage and way finding; steel; stormwater management; striping of roadway or storage areas; structural components; surveying; temporary structures; tie-back systems; transportation, placement or disposal of dredge material; turning basin widening and deepening; and, water quality protection structures.
Deliverable(s):

The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.
Unallowable Costs (including but not limited to): Travel costs are not allowed.
Transit Operating Grant Requirements (Transit Only):

Page 5 of 6

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

Form 725-000-02 STRATEGIC DEVELOPMENT

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EXHIBIT D AGENCY RESOLUTION

PLEASE SEE ATTACHED

Page 6 of 6

December 15, 2022

CONSENT

AGENDA ITEM 1.E: PUBLIC TRANSPORTATION GRANT

AGREEMENT – SECURITY VEHICLES

BACKGROUND:

The Florida Department of Transportation (FDOT) has agreed to participation in the funding of $150,000 for security vehicles and has provided the attached Public Transportation Grant Agreement (PTGA). As a condition of the grant, the Port is obligated to contribute 25% (or $50,000), bringing the total project costs to $200,000. To enter into the agreement, FDOT requires that the Port Authority adopt a resolution specifically approving the PTGA and authorizing the execution of the PTGA on behalf of the Port Authority by specifically designated officials.

ATTACHMENT:

Resolution PA-23-06 and the State of Florida Department of Transportation Public Transportation Grant Agreement

COST AND FUNDING SOURCE:

Total for the project is $150,000 FDOT and $50,000 Port.

CONSEQUENCES IF DEFERRED:

Delay in execution of the PTGA

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to adopt Resolution PA-23-06 authorizing the execution of the Public Transportation Grant Agreement with the Florida Department of Transportation for the purchase of security vehicles and appurtenances.

Financial Project Number

444947-1-94-04

Contract Number G2E99

PA-23-06

A RESOLUTION BY THE MANATEE COUNTY PORT AUTHORITY APPROVING AND AUTHORIZING THE EXECUTION OF THE PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

WHEREAS, the State of Florida Department of Transportation (Department) has offered to enter into a Public Transportation Grant Agreement with the Manatee County Port Authority (Port Authority) to provide Department participation in the purchase of security vehicles and appurtenances, and

WHEREAS, the Port Authority has the authority to enter into said Public Transportation Grant Agreement with the Department, and it is expedient and in the best interests of this Port Authority to approve and authorize the execution of the Public Transportation Grant Agreement.

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

The State of Florida Department of Transportation Public Transportation Grant Agreement, identified as State Grant Number G2E99 wherein the Department agrees to a maximum participation in the amount of $150,000 is approved. The Chairman of the Port Authority, or, in the absence of the Chairman, any Vice Chairman of the Port Authority, is authorized to execute the Public Transportation Agreement on behalf of the Port Authority.
The Executive Director, or his authorized representative, is specifically authorized to enter into and execute any amendment or supplement to the Public Transportation Grant Agreement(s) (PTGA) for the limited purposes of scope changes, funding adjustments which do not require additional matching funds from the Authority, contract duration revisions, as well as Assurances, Certifications and other documents as may be required to support this project.
The Clerk of the Circuit Court of Manatee County, Florida, is authorized to cause two copies of this resolution to be certified for delivery to the Florida Department of Transportation.

ADOPTED with a quorum present and voting this the 15th day of December, 2022. ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT

CLERK OF CIRCUIT COURT AUTHORITY

By:

Chairman

Financial Project Number(s):

(item-segment-phase-sequence)

Fund(s):

444947-1-94-04 Work Activity Code/Function:

Federal Number/Federal Award

DPTO FLAIR Category:

215 Object Code:

Org. Code:

Identification Number (FAIN) – Transit only: Vendor Number:

088794

751000

55012020129

VF596000727160

Contract Number: G2E99 Federal Award Date:

CFDA Number: CFDA Title: CSFA Number: CSFA Title:

N/A Agency SAM/UEI Number:

N/A

55.005

Seaport Grant Program

THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into

_ _, by and between the State of Florida, Department of Transportation, (“Department”), and Manatee County Port Authority, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:

Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 311, Florida Statutes, to enter into this Agreement.
Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Port Manatee's seaport security initiative, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed.
Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):

Aviation
X Seaports Transit Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
Exhibits. The following Exhibits are attached and incorporated into this Agreement:

X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
*Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit B3: Alternative Advanced Pay (Transit Bus Program)
X *Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Audit Requirements for Awards of State Financial Assistance
*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance

*Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor
*Additional Exhibit(s):

*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days.
Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through April 30, 2027. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
1. If this box is checked the following provision applies:
  
  Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates.
Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.
Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.
1. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
2. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.
3. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.
4. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.
5. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
Project Cost:
1. The estimated total cost of the Project is $200,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement.
2. The Department agrees to participate in the Project cost up to the maximum amount of
  $150,000 and, the Department’s participation in the Project shall not exceed 75.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved.
Compensation and Payment:
1. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance.
2. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment.
3. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department.
4. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
5. Travel Expenses. The selected provision below is controlling regarding travel expenses:
  
  X Travel expenses are NOT eligible for reimbursement under this Agreement.
  
  Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers.
6. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term.
7. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved.
  
  If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
  
  A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
8. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.
9. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof.
10. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement.
11. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
12. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid.
13. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available.
14. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
  
  "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."
15. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation.
16. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved
  
  in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities.
General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws.
1. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits.
2. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.
3. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to:
  1. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or
  2. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement.
4. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).
5. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one):
  1. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate).
  2. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.
  3. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually.
6. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
7. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make
  
  best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.
Contracts of the Agency:
1. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.
2. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.
3. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act.
4. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement:
1. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement.
Sale, Transfer, or Disposal of Department-funded Property:
1. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department.
2. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply:
  1. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property.
  2. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale.
  3. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department.
  4. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations.
3. The terms of provisions “a” and “b” above shall survive the termination of this Agreement.
  1. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.
  2. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.
Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.

Federal Funded:
1. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any
  
  inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements:
  1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.
  2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.
  3. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities).
  4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.
  5. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an
    
    audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:
    1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department;
    2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;
    3. Wholly or partly suspend or terminate the Federal award;
    4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency);
    5. Withhold further Federal awards for the Project or program;
    6. Take other remedies that may be legally available.
  6. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
  7. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24
    605 Suwannee Street
    Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us
    
    State Funded:
    1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General.
    2. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements:
      1. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial
        
        assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements.
      2. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
      3. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities).
      4. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:
        
        Florida Department of Transportation Office of Comptroller, MS 24
        605 Suwannee Street
        Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us
        
        And
        
        State of Florida Auditor General Local Government Audits/342
        111 West Madison Street, Room 401
        Tallahassee, FL 32399-1450
        Email: flaudgen_localgovt@aud.state.fl.us
      5. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
      6. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package.
      7. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance.
      8. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
    3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.
Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees.
Restrictions, Prohibitions, Controls and Labor Provisions:
1. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
2. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.
3. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency.
4. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes.
5. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
6. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.
7. E-Verify. The Agency shall:
  1. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and
  2. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
8. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding.
9. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity.
Indemnification and Insurance:
1. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including,
  
  but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:
  
  “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement.
  
  This indemnification shall survive the termination of this Agreement.”
2. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law.
3. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have.
4. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
5. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above.
Miscellaneous:
1. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith.
2. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
3. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law.
4. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.
5. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
6. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that
  
  appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.
7. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.
8. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS).
9. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
10. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.

AGENCY Manatee County Port Authority STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By: Name:

Title:

By: Name: John Kubler, P.E. Title: Director of Transportation Development

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

Legal Review:

Don Conway, Senior Attorney (as to legality and form)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT A

Project Description and Responsibilities

STRATEGIC DEVELOPMENT

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Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): This Agreement provides for the Department's financial participation in procurement of capital equipment for Manatee County Port Authority's seaport security initiative. In recent years, the seaport has seen consistent double-digit growth, necessitating expansion of the port's security department to provide additional patrols and TWIC escorts. The Port will use this funding to expand their security vehicle fleet to perform security functions including incident response, security patrols, TWIC (Transportation Worker Identification Credential) escorts, and vessel transfer monitoring.
Project Location (limits, city, county, map): Palmetto, Florida
Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This project includes the procurement of capital equipment to complete the activities described in the Project Description, including: decals (e.g., vehicle wraps); delivery fees; registration; permanent equipment (e.g., lights, push bars, sirens); and, vehicles.
Deliverable(s):

The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.
Unallowable Costs (including but not limited to): Travel costs are not allowed.

Transit Operating Grant Requirements (Transit Only):

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT B

Schedule of Financial Assistance

STRATEGIC DEVELOPMENT

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FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

Fund Type and Fiscal Year:

Financial Management Number	Fund Type	FLAIR Category	State Fiscal Year	Object Code	CSFA/ CFDA Number	CSFA/CFDA Title or Funding Source Description	Funding Amount
444947-1-94-04	DPTO	088794	2023	751000	55.005	Seaport Grant Program	$150,000.00
444947-1-94-04	LF	088794	2023	-	-	Local Matching Funds	$50,000.00
	Total Financial Assistance						$200,000.00

Estimate of Project Costs by Grant Phase:

Phases*	State	Local	Federal	Totals	State %	Local %	Federal %
Land Acquisition	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
Planning	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
Environmental/Design/Construction	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
Capital Equipment/ Preventative Maintenance	$150,000.00	$50,000.00	$0.00	$200,000.00	75.00	25.00	0.00
Match to Direct Federal Funding	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
Mobility Management (Transit Only)	$0.00	$0.00	$0.00	$0.00	0.00	0.00	0.00
Totals	$150,000.00	$50,000.00	$0.00	$200,000.00

Scope Code and/or Activity Line Item (ALI) (Transit Only)

*Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement.

BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:

I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached.

Amanda Tyner

11/18/2022 | 10:18 AM EST

Department Grant Manager Name

Signature Date

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT C

TERMS AND CONDITIONS OF CONSTRUCTION

Design and Construction Standards and Required Approvals.
STRATEGIC DEVELOPMENT
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1. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project.
2. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, FDOT District 1 Seaport Coordinator (email: amanda.tyner@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement.
3. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project.
4. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s).
5. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards.
6. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation.
Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way:
1. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project.
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  STRATEGIC DEVELOPMENT
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2. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads.
3. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project.
4. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is FDOT District 1 Seaport Coordinator.
5. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation.
6. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility.
7. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities.
8. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  STRATEGIC DEVELOPMENT
  OGC 09/22
  
  estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S.
9. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way.
10. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project.
11. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities.
12. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
13. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way.
14. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations.
15. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project.
16. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense,
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  STRATEGIC DEVELOPMENT
  OGC 09/22
  
  without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice.
17. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project.
18. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately.
19. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards.
20. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): Not Applicable
21. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is:
  
  Insert District PIO contact info:
  Phone: (863) 519-2362; Fax: (239) 338-2353
  
  Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement)
Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

STRATEGIC DEVELOPMENT

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ENGINEER’S CERTIFICATION OF COMPLIANCE

PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN

THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

and

PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.:

In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI.

By: , P.E.

SEAL: Name: Date:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT D AGENCY RESOLUTION

PLEASE SEE ATTACHED

STRATEGIC DEVELOPMENT

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT E

PROGRAM SPECIFIC TERMS AND CONDITIONS – SEAPORTS

STRATEGIC DEVELOPMENT

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General.
1. These assurances shall form an integral part of the Agreement between the Department and the Agency.
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities and Exhibit “B”, Schedule of Financial Assistance as well as serving to protect public investment in seaports and the continued viability of the State Seaport System.
3. The Agency shall comply with the assurances as specified in this Agreement.
Required Documents. The documents listed below, as applicable, are required to be submitted to the Department by the Agency in accordance with the terms of this Agreement:
1. Quarterly Progress Reports provided within thirty (30) days of the end of each calendar year quarter, if requested by the Department.
2. Electronic invoice summaries and backup information, including a progress report must be submitted to the District Office when requesting payment.
3. All proposals, plans, specifications, and third party contracts covering the Project.
4. The Agency will upload required and final close out documents to the Department's web-based grant management system (e.g., SeaCIP.com).
Duration of Terms and Assurances.
1. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for a seaport development project, but shall not exceed 20 years from the effective date of this Agreement.
2. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida.
Compliance with Laws and Rules. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local governments, which may apply to the Project. Including but not limited to the following (current version of each):
1. Chapter 311, Florida Statutes (F.S.)
2. Local Government Requirements
  1. Local Zoning/Land Use Ordinance
  2. Local Comprehensive Plan
Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, including but not limited to the following:
1. Federal Requirements
2. Local Government Requirements
  1. Local Building Codes
  2. Local Zoning Codes
3. Department Requirements
  1. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”)
  2. Manual on Uniform Traffic Control Devices
Consistency with Local Government Plans.
1. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the seaport.
2. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project.
  
  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
  PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
  STRATEGIC DEVELOPMENT
  OGC 09/22
3. The Agency assures that the Comprehensive Master Plan, if applicable, is incorporated as part of the approved local government comprehensive plan as required by Chapter 163, F.S.
Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:
1. Acquire the land in accordance with federal and state laws governing such action.
2. Maintain direct control of Project administration, including:
  1. Maintain responsibility for all related contract letting and administrative procedures.
  2. Ensure a qualified, State certified general appraiser provides all necessary services and documentation.
  3. Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal.
  4. Establish a Project account for the purchase of the land.
  5. Collect and disburse federal, state, and local Project funds.
3. The Agency assures that it shall use the land for seaport purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.
Preserving Rights, Powers and Interest.
1. The Agency will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency.
2. If an arrangement is made for management and operation of the funded facility or equipment by any entity or person other than the Agency, the Agency shall reserve sufficient rights and authority to ensure that the funded facility or equipment will be operated and maintained in accordance with the terms and assurances of this Agreement.
3. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in the funded facility or equipment without prior written approval by the Department. This assurance shall not limit the Agency’s right to lease seaport property, facilities or equipment for seaport-compatible purposes in the regular course of seaport business.
Third Party Contracts. The Department reserves the right to approve third party contracts, except that written approval is hereby granted for:
1. Execution of contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved Project scope and/or quantities.
2. Other contracts less than $5,000.00 excluding engineering consultant services and construction contracts. Such services and/or materials must be included in the Department approved Project scope and/or quantities.
3. Construction change orders less than $5,000.00. Change orders must be fully executed prior to performance of work.
4. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved Project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017, F.S., and Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Agreement comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non- participation.
5. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract.
Inspection or verification and approval of deliverables. Section 215.422(1), F.S., allows 5 working days for the approval and inspection of goods and services unless the bid specifications, purchase orders, or contracts specifies otherwise. The Agreement extends this timeline by specifying that the inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of an invoice.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS
STRATEGIC DEVELOPMENT
OGC 09/22
Federal Navigation Projects
1. Funding reimbursed from any federal agency for this Project shall be remitted to the Department, in an amount proportional to the Department’s participating share in the Project. The Agency shall remit such funds to the Department immediately upon receipt.
2. Department funding, as listed in Exhibit “B”, Schedule of Financial Assistance, may not be used for environmental monitoring costs.
Acquisition of Crane. Department funding, as listed in Exhibit “B”, Schedule of Financial Assistance will be cost reimbursed using the following schedule, unless stated otherwise in Exhibit “A”, Project Description and Responsibilities:
1. Sixty (60) percent after landside delivery and acceptance by the Agency.
2. Forty (40) percent after installation and commissioning has been completed.

-- End of Exhibit E --

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02

PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT F

Contract Payment Requirements

Florida Department of Financial Services, Reference Guide for State Expenditures

Cost Reimbursement Contracts

STRATEGIC DEVELOPMENT

OGC 09/22

Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.

Listed below are types and examples of supporting documentation for cost reimbursement agreements:

Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.

Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.
Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.

Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.

The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS

EXHIBIT G

AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE
STRATEGIC DEVELOPMENT
OGC 09/22

THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~
Awarding Agency: Florida Department of Transportation
State Project Title: Seaport Grant Program
CSFA Number: 55.005
*Award Amount: $150,000

*The award amount may change with amendments

Specific project information for CSFA Number 55.005 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:

State Project Compliance Requirements for CSFA Number 55.005 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx

The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
December 15, 2022

CONSENT
AGENDA ITEM 1.F.: ARROW TERMINALS CARGO AND FREIGHT VOLUME AGREEMENT AMENDMENT SIX

BACKGROUND:

On December 17, 2015, the Authority approved a two-year Cargo and Freight Volume Agreement with Arrow Terminals, Inc. (Arrow), an importer of various forestry and aluminum products. Amendments One, Two, Three, Four and Five were approved on April 21, 2016, December 21, 2017, December 20, 2018, May 19, 2020, and November 19, 2020, respectively, with various rate changes and term extensions. Amendment Six extends the agreement through 2040 (if renewal options are exercised) with 100,000 short ton guarantee and negotiated rates for the additional years.

ATTACHMENTS:

Port Manatee Cargo and Freight Volume Agreement Amendment Six

COST AND FUNDING SOURCE:

CONSEQUENCES IF DEFERRED:

Delay in Port Authority approval of the agreement extension and the negotiated rates

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize on behalf of the Port Authority the execution of the Port Manatee Cargo and Freight Volume Agreement Amendment Six between the Manatee County Port Authority and Arrow Terminals, Inc.
CARGO AND FREIGHT VOLUME AGREEMENT - AMENDMENT SIX BETWEEN PORT MANATEE AND ARROW TERMINALS, JNC.

The terms and conditions of this Cargo and Freight Volume Agreement Aruendment Six Between Port Manatee and Arrow Terminals ("Amendment Six"), made and entered into by and between the MANATEE COUNTY PORT AUTHORITY, a politjcal entity of the State of .Florida, with its principal place of business located at Port Manatee, 300 Tampa Bay Way, Palmetto,
Florida 34221, hereinafter referred to as the "Authority," and ARROW TERMINALS, INC., an entity duly organized to do business in the State of Florida, with a principal place of business located at 5201 W. Kennedy Blvd., Suite 530, Tampa, Florida 33609, hereinafter referred to as "Arrow," for and in consideration of the mutual covenants herein contained and other good and valuable consideration, amend the Port Manatee Cargo and Freight Volume Agreement entered into by the parties hereto dated December 17, 2015 (hereinafter "Original Agreement"), as amended by the Port Manatee Cargo and Freight Volume Agreement Amendment One dated April 21, 2016, the Port Manatee Cargo and Freight Volume Agreement - Amendment Two dated December 21, 2017, the Port Manatee Cargo and Freight Volume Agreement Amendment Three dated December 20, 2018, the Port Manatee Cargo and Freight Volume Agreement - Amendment Four dated May 19, 2020, and the Port Manatee Cargo and Freight Volume Agreement Amendment Five dated November 19, 2020 (collectively, the ''Amendments") (the "Original Agreement" and the "Amendments'' are collectively the "Agreement"), and state as follows:
1. CONSIDERATION. Each of the parties hereto represented that as a result of economic conditions, mutual covenants, the long-term benefit to both parties, and other good and valuable consideration, this Amendment Six shall govern the parties' responsibilities under
  the Agreement regarding the term (paragraph 2), inside storage rates and charges per short
  ton (paragraph 3.A), outside storage rate (paragraph 3.B), the deep draft charge (paragraph 3.C), the minimum annual guarantee (paragraph 3.D), and notice (paragraph 10).
2. SCOPE AND EXTENSION. This Amendment Six is being entered into for the purpose of amending, modifying and superseding paragraphs 2, 3.A, 3.B., 3.C, 3.0, and IO of the Agreement to extend the term of the Agreement and provide for the inside storage rates, outside storage rates, deep draft rates, and minimum annual guarantee for the extended term. Additionally, the notice provision for the Authority needs to be updated. Except to the extent herein amended, all other provisions set forth in the Agreement shall remain in full force and effect and binding upon the Authority and Arrow. ln entering into Amendment Six, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against Arrow.
3. AMENDMENT. The parties hereby agree to amend, modify, and supersede paragraphs 2, 3.A, 3.B., 3.C, 3.D, and 10 of the Agreement, as follows:

TERM OF AGREEMENT. The initial duration or term of this Agreement shall commence on the January 1, 2016 (the "Effective Date") and shall terminate two
(2) years thereafter on December 31, 2017 (the "Initial Term"), unless otherwise extended or terminated pursuant to other provisions contained herein. The parties agree that the term of this Agreement may be extended a total of four (4) one-year renewal options upon mutual written agreement and a total of two (2) two-year renewal options. The parties agree that the term of this Agreement may be
extended a total of five (5) five- year terms. To exercise the option to renew the

term for the 2018-2020 one-year term, Arrow Terminals must deliver to the Authority, no later than September 30 of each year, written notification of its
intention to renew for one year. The first extended term of this Agreement shall commence on January 1, 2018 and shall terminate one (1) year thereafter on December 31, 2018 (the "First Extended Term"), unless otherwise extended or terminated pursuant to other provisions contained herein. As of November 17, 2020, Arrow has exercised its option to renew for the two-year calendar term for 2021-2022. To exercise the option to renew for the two-year calendar term 2023- 2024, Arrow must deliver to the Authority written notification of its intention to renew for two years by no later than August 31, 2022. To exercise the option to renew the term for the 2025 one-year term, Arrow must deliver to the Authority
written notification of its intention to renew by no later than August 31, 2024. To

exercise the option to renew the term for the 2026-2030 (January I, 2026-December

31, 2030), Arrow must deliver to the Authority written notification of its intention

to renew for the five years by no later than August 31, 2025. To exercise the option

to renew the term for the 2031-2034 (January I, 2031-Decernber 31, 2035), Arrow

must deliver to the Authoritv written notification of its intention to renew for the five years by no later than August 3L 2030. The final renewal of the term for the
2036-2040 (January I, 2036-Decernber 3 I, 2040), may be exercised upon mutual

written agreement of the parties. The Agreement shall apply to all Cargo shipped via Arrow Terminals at Port Manatee and arriving in Port Manatee during the Term of this Agreement.
A. INSIDE STORAGE RATES AND CHARGES PER SHORT TON. During

the Initial Term and notwithstanding the storage rates set forth in Port Manatee

Tariff Items No. 703 (Aluminum), No. 710 (Hardboard), 712 (Liner Board), 722 (Wood Pulp Baled), and 746 (Lumber/Fencing and Plywood), Arrow shall pay to

the Authority. a storag- e rate of $5.66 for calendar year 2016 and $5.84 for calendar

year 2017 for each short ton (2,000 pounds) or board feet for Aluminum, Hardboard, Liner Board, Wood Pulp Baled, Lumber/Fencing and Plywood. Notwithstanding the proceeding sentence, effective May 1, 2016 through December 31, 2016, Arrow shall pay to the Authority a storage rate of $5.39 for each short ton. In noevent shall Arrow be charged more than $539,336 for calendar year 2016 (January 1 through December 3 I, 2016) for the inside storage of Aluminum, Hardboard, Liner Board, Wood Pulp Bales, Lumber/Fencing and Plywood. Effective January 1, 2017 through December 31, 2017, Arrow shall pay to the Authority a storage rate of $5.44 for each short ton. In no event shall Arrow be charged more than $544,000 for calendar year 2017 (January 1 through December 31, 2017) for the inside storage of Aluminum, Hardboard, Liner Board, Wood Pulp Bales, Lumber/Fencing and Plywood. The amount of said cargo shall be based upon the weight/size of sajd cargo as shown on the Bills of Lading or other appropriate documentation evidencing the arrival of said cargo at Port Manatee.

During the First Extended Term, January 1, 2018 through December 31, 2018 and notwithstanding the storage rates set forth in Port Manatee Tariff Items No. 703 (Aluminum), No. 710 (Hardboard), 712 (Liner Board), 722 (Wood Pulp Baled), and 746 (Lumber/Fencing and Plywood), Arrow shall pay to the Authority a storage rate of $8.47855 for calendar year 2018 for each short ton (2,000 pounds) or board feet for Aluminum, Hardboard, Liner Board, Wood Pulp Baled, Lumber/Fencing

and Plywood. The amount of said cargo shall be based upon the weight/size of said cargo as shown on the Bills of Lading or other appropriate documentation evidencing the arrival of said cargo at Port Manatee. However, in no event shall Arrow be charged more than $847,855 total during calendar year 2018 (January I, 20I8 through December 31, 2018).

During the each extended term, and notwithstanding the storage rates set forth in ort Manatee Tariff Items No. 703 (Aluminum), No. 710 (Hardboard), 712 (Liner Board), 722 (Wood Pulp Baled), and 746 (Lumber/Fencing and Plywood), Arrow shall pay to the Authority a storage rate of Listed below of the corresponding calendar year for each short ton (2,000 pounds) or board feet for Aluminum,,._

Hardboard, Liner Board, Wood Pulp Baled, Lumber/Fencing and Plywood; however, in no event shall Arrow be charged more than maximum total listed below for the corresponding calendar year.

January l, 2019 through December 31, 2019 - $10.05477, but not charged more than $1,005,477 total during that calendar year (2019).
January 1, 2020 through December 3 l, 2020 - $10.23177, but not charged more than $920,859 total during that calendar year (2020).
January 1, 2021 through December 31, 2021 - $10.33528, but not charged more than $1,135,847 total during that calendar year (2021).
January 1, 2022 through December 31, 2022 - $10.51227, hut not charged more than $1,051,227 total during that calendar year (2022).
January 1, 2023 through December 31, 2023 - $10.77706, but not charged

more than $1,077,706 total during that calendar year (2023).
January 1, 2024 through December 31, 2024 - $11.04635, but not charged more than $1,104,635 total during that calendar year (2024).
January 1, 2025 through December 31, 2025 - $11.32125, but not charged more than $1,132,125 total during that calendar year (2025).
January 1, 2026 through December 31, 2026 - $1 1.8822596, but not charged

more than $1,188,225.96 total during that calendar year (2026).
January 1, 2027 through December 31, 2027 - $12.4432728, but not charged

more than $1,244,327.28 total during that calendar year (2027).
January L 2028 through December 31, 2028 - $13.0042860, but not charged

more than $1,300,428.60 total during that calendar year (2028).
January L 2029 through December 3L 2029 - $13.5652992. but not charged

more than $1,356,529.92 total during that calendar year (2029).

.! January 1, 2030 through December 31, 2030 - $14.1263124, but not charged

more than $1,412,631.24 total during that calendar year (2030).
January 1, 203I through December 3 L 2031 - $14.6873256, but not charged

more than $1,468,732.56 total during that calendar year (2031).
January L 2032 through December 31, 2032 - $15.2483388, but not charged

more than $1,524,833.88 total during that calendar year (2032).
January 1. 2033 through December 31, 2033 - $1 5.8093520, but not charged

more than $1 580,935.20 total during that calendar year (2033).
January 1, 2034 through December 31, 2034 - $16.3703652, but not charged

more than $1,637,036.52 total during that calendar year (2034).
January 1, 2035 through December 31, 2035 -$16.9313784, but not charged

more than $1,693,137.84 total during that calendar year (2035).
Rates for calendar years 2036 to 2040. will be negotiated bv the Authority

and Arrow and agreed to by mutual written agreement prior to extending

the Agreement for the that final five year term.

3.B. OUTSIDE STORAGE RATE. During the Initial term of this A1-,rreement, and notwithstanding the outside storage rate set forth in any Port Manatee Tariff, Arrow shall be provided 60 days' free time for outside storage for aluminum (Tariff Item

761) as outlined in Tariff Item 365 and is stored outside of the 3 acres of paved

area, except that if storage, including free time exceeds a total of 180 days, the

standard storage rate plus 25% will not apply to any outside storage of aluminum. Arrow shall pay to the Authority one half the outside storage rate for each short ton

(2,000 pounds) of aluminum in accordance with Tariff item 761 that is stored

outside the 3 acres of paved area. The amount of said cargo shalJ be based on the weight/size of said cargo as shown on the Bills of Lading or other appropriate documentation evidencing the arrival of said cargo at Port Manatee. Arrow shall

not be charged the minimum storage charge identified in the Tariff in the amount

of $60 per 30 day period or fraction thereof on single shipments handled over the

Port's facilities as outlined in Tariff Item 455. After the lnitiaJ Term of this

Agreement, unless otherwise e,ctended by the Parties, Arrow shall pa)' the outside

storage rate (Tariff ltem 761) arriving after December 31, 2017 as put forth in the

Port Manatee Tariff in effect at that time. During the term of this Agreement and in

addition to the outside storage arrangements identified above in 3B, Arrow agrees

to pay the Authority a monthly outside storage rate for 3 acres of paved area at the

following rates:

Aubrust 1, 2022 - July 3 I. 2023 - $3,664 per acre or $10,992 per month.
August 1, 2023 -December 31, 2024 - $2,716.25 per acre or $8.148.75 per

month.
January 1. 2025-December 31, 2025 - $2,784.16 per acre or $8,352.47 per

month.
January 1. 2026 - December 31, 2026 and each calendar year thereafter

the prior year's per acre rate and per month rate plus an increase of two and one half percent (2.5%){i.e. January 1. 2026-December 31, 2026 $2,853.76
per acre or $8,561.28 per month: January 1, 2027-December 31, 2027

$2,925.10 per acre or $8,775.31 per month: etc.).
Beginning January I, 2024 and for each calendar year thereafter, Arrow

mav terminat the outside storage rate for the 3 acres of oaved area by

providing written notice to the Authority by no later than the August 3 pt

before the end of the year it intends to cease use of 3 acres of paved area.

(i.e. If Arrow desired to terminate using the 3 acres of paved area by

December 31, 2025, Arrow must notify the Authority in writing by August

31, 2025).

3.C. DOCKAGE RATE. During January 1, 2016 through December 31, 2017-and notwithstanding the dockage rate set forth in any Port Manatee Tariff, Arrow shall

pay to the Authority a dockage rate equal to 98.5% of the dockage rate as defined in the Port Manatee Tariff in effect at the time the rate is incurred exclusive of deep draft rates. Notwithstanding the preceding sentence, effective May 1, 2016 through December 31, 2017, Arrow shall pay to the Authority a dockage rate-equal to 98.5% of the dockage rate as defined in Port Manatee Tariff item 396 - Dockage Rates - Based on vessel length overall (LOA) - in effect at the time the rate is incurred inclusive of deep draft rates. During the First Extended Term, January 1, 2018 through December 31, 2018, and if Arrow exercises its renewal options during 2019-2025, and notwithstanding the dockage rate set forth in any Port Manatee Tariff, Arrow shall pay to the Authority a dockage rate equal to 98.5% of the dockage rate as defined in the Port Manatee Tariff 396 - Dockage Rates is based on vessel length overall (LOA) in effect at the time the rate is incurred. Also, if Arrow exercised its renewal options, then Arrow shall also pay to the Authority a deep draft rate equal to the percentage of the tariff rate (as specified below by calendar year) as defined in the Port Manatee Taritf 395 - Dockage Rates based on gross registered tons (GRT) in effect at the time the rate is incurred:

January 1, 2019 through December 31, 2019 - 50% of the tariff rate
January I, 2020 through December 31, 2020 - 50% of the tariff rate
January 1, 2021 through December 31, 2021 - 75% of the tariff rate
January I, 2022 through December 31, 2022 - 75% of the tariff rate
January 1, 2023 through December 31, 2023 - 80% of the tariff rate
January 1, 2024 through December 31, 2024 - 80% of the tariff rate

January 1, 2025 through December 31, 2025 - 80% of the tariff rate

!. January L 2026 through the end of the Agreement - 100% of the tariff

rate.

3.D. Minimum Annual Guarantee. Regardless of the amount of short tons of cargo acn1ally shipped through Port Manatee by Arrow during the Initial Term or any extended term, Arrow guarantees that the amount of said inside storage rate to be

paid annually (January 1 through December 31) shall be at least the following amount:

	1, 2016 - December	31,	2016 -	100,000	short tons for inside
storage
	1. 2017 - December	31,	2017 -	100.000	short tons for inside
storage	1, 2018-December	31,	2018 -	100,000	short tons for inside
storage
	l, 2019 - December	3 L	2019 -	100,000	short tons for inside
storage

January

January

January

January

January 1, 2020-December 31, 2020- 90,000 short tons for inside storage
January 1, 2021 - December 31, 2021 - 109,900 short tons for inside storage
January 1, 2022 - December 31, 2022 - 100,000 short tons for inside storage
January 1, 2023 - December 31, 2023 - 100,000 short tons for inside

storage
January 1, 2024 - December 31, 2024 - 100,000 short tons for inside storage
January 1, 2025 - December 3 L 2025 and each year thereafter through the

end of the Agreement - I 00,000 short tons for inside storage foLe_a_c.h..x,e.at 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 the minimum annual guarantee is reached in each calendar year, the MAG will be settled for that calendar year.

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 charged by the Authority and paid by Arrow for commodities for each particular quarter, and Arrow shall pay the inside storage rate set forth herein within thirty

(30) days thereafter any difference remaining due between the amount of said

commodity inside storage rate actually paid and the amount of the guaranteed commodity inside storage rate for that particular fiscal year. Arrow's failure to meet the minimum guaranteed inside storage rate for any fiscal year will be considered a breach of this Agreement by Arrow, and grounds for immediate termination of the Agreement at the Authority's sole option. Arrow 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 thirty (30) calendar

days from the due date.

Regardless of the amount of short tons of cargo actually shipped through Port Manatee by Arrow during the Initial Term or any extended term, the Authority

guarantees that Arrow will be provided with sufficient warehouse space to store its incoming cargo and that the Authority will make its best efforts to store related Arrow cargo together. However, the Authority makes no guarantees that all of Arrow's cargo can be consolidated and stored together. Further, the parties agree that Arrow is responsible for any and all of its cargo that is stored at Port Manatee. In accordance with the Port Manatee Tariff, Arrow agrees to provide all necessary

insurance related to the cargo Arrow brinru to SeaPort Manatee.

10. NOTICES. All notice(s) required by this Agreement or by law shall be given in writing and shall be sent by registered or certified mail by depositing same in the United States Mail in the continental United States, postage prepaid, or by hand delivery or by overnight courier. Any notice mailed as provided hereunder, shall be deemed effective and served as of the date of the mailing. Any notice given by hand

delivery or overnight courier shall be deemed effective and served as of the date of delivery. Authority and Arrow shall have the right, by giving written notice to the other, to change the address to which notice(s) are to be mailed or delivered. Until any such change is made, notice(s) shall be mailed or delivered to:

FOR MANATEE COUNTY PORT AUTHORITY:

Manatee County Port Authority c/o Executive Director

300 Tampa Bay Way, Suite 1

Palmetto, FL 34221

With a copy to: Jennifer Cowan, Esq.

FOR ARROW TERMINALS

INC.

Arrow Terminals, Inc.

3000 Bayport Drive, Suite 450

Tampa, Florida 33607 Attention: Chris Sheils

Lewis, Longman, & Walker, P.A. 101 Riverfront Blvd., Suite 620 Bra<lenton, FL 34205

Bryant Miller Olive P.A.

201 North Franklin Street, Suite2700 Tampa, FL 33602

Arrow shall be required to notify Authority, in writing, whenever there is a change in the address of Arrow (to the place) for which notice is to be sent (giving notice), as required herein. In the event Arrow fails to maintain a current address on record '1. th the Authority as required herein, Authority shall be deemed to have notified Arrow by using the last known address on record and Authority shall not have any responsibility or obligation to investigate the validity of the address that Arrow has provided. As a result, Arrow agrees to hold Authority harmless and defend same for any action or occurrence or non-occurrence as a result of Arrow not receiving notice due to Arrow's failure to update its address for notification.

TERMINATION. The parties agree that the Port Manatee Storage Agreement, dated May 19, 2021, and any amendment or extension thereto, is terminated as of the Effective Date and is no longer of any force or effect.
CONFLICT. In the event of a conflict regarding the provisions set forth in paragraphs 2, 3.A, 3.B., 3.C, 3.D, and 10 of the Agreement and the provisions contained in this Amendment Six, the provisions set forth in Amendment Six shall prevail. In the event of a conflict between any other paragraphs within Amendment Six and the Agreement, the Agreement shall prevail.
AUTHORITY TO EXECUTE. Each of the parties hereto covenants to the other party

that it has lawful authority to enter into this Amendment Six, that the governing or
managing body of each of the parties has approved this Amendment Six and that the governing or managing body of each of the parties has authorized the execution of this Amendment Six in the manner hereinafter set forth.
EFFECTIVE DATE. The effective date of Amendment Six is January 1, 2023, contingent upon Arrow providing written notification of its intent to proceed with this Amendment Six to the Authority by no later than December 3 I, 2022.

Remainder of Page lntenhonally Left Blank.

IN WITNESS WHEREOF, the parties have caused this Amendment Six to be duly executed.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

Clerk of Circuit Court

By:

Printed:

By:

Chairman

MJ/k

WITNESSES:

=.J E y::, N H V , ,

December 15, 2022

CONSENT

AGENDA ITEM 1.G.: 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 - December 15, 2022

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 – December 15, 2022, from the Fixed Assets Listing.

Asset Deletion - December 15, 2022

Asset #	Description	Serial/VIN#	Date Purchased	Cost	Value	Status	Remarks
00X35572	Truck, Ford 1/2 Ton F150 4x4	1FTDX18WND12991	05/09/06	$ -	$ -	Obsolete	Surplus/Scrap
00X38820	Truck, 99 Ford F150 1/2 Ton P	1FTRX18WXXNB65293	08/29/06	$ -	$ -	Obsolete	Surplus/Scrap
00X38822	Truck, 99 Ford F150 1/2 Ton 4	1FTRX18W3XNB65295	03/27/07	$ -	$ -	Obsolete	Surplus/Scrap
00X50519	Truck, 2007 GMC Crane Truck	1GDE4C1967F420809	04/04/17	$ -	$ -	Obsolete	Surplus/Scrap
50585	2006 white Ford Explorer	1FMEU63E16UA89627	11/30/06	$ 15,475.00	$ -	Obsolete	Surplus/Scrap
55421	Radio, Fluid Mesh FM1100	1100411285	09/01/11	$ 3,357.54	$ -	Broken in Hurricane Ian	Surplus/Scrap
56084	Mower, Gravely Pro Turn 266	10558	06/14/12	$ 7,664.27	$ -	Obsolete	Surplus/Scrap
56643	Monitor, Bosch 42 in LCD	10062	01/13/13	$ 1,729.49	$ -	Obsolete	Surplus/Scrap
56682	Fluidmesh, FM3100M	3100201107	01/31/13	$ 1,502.37	$ 75.11	Broken in Hurricane Ian	Surplus/Scrap
57503	Mower, Hustler Super Z	13051114	09/12/13	$ 8,899.99	$ 889.99	Obsolete	Surplus/Scrap

December 15, 2022

CONSENT

AGENDA ITEM 1.H.: ALPICO INTERNATIONAL LEASE AMENDMENT #9 BACKGROUND:

In December 2013, the Port Authority approved a lease for office space to Alpico International (Alpico), which was extended through December 31, 2022, through various amendments. Alpico desires to extend its lease for two years effective January 1, 2023 – December 31, 2024, which includes a 6% increase in the lease rate for 2023 and a 2024 rate increase equal to the general tariff increase for 2024.

ATTACHMENT:

Port Manatee Lease Amendment #9

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

Delay in approving tenant’s request.

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Port Manatee Lease Amendment #9 between Manatee County Port Authority and Alpico International.

PORT MANATEE LEASE AMENDMENT #9

The terms and conditions of this Port Manatee Lease Amendment #9 (hereinafter, "Amendment #9"), 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, Palmetto, Florida 34221, hereinafter referred to as the "Authority", and ALPICO INTERNATIONAL, an entity duly organized to do business in the State of Florida, with a principal place of business located at 13230 Eastern Avenue, Palmetto, Florida 34221, hereinafter refe1Ted to as the "Lessee" (collectively, the "Parties"), for and in consideration of the mutual covenants contained in Amendment #9 and other good and valuable consideration, amend the Port Manatee Lease entered into by the parties hereto dated December 19, 2013 (hereinafter "Lease"), the Port Manatee Lease Amendment #1 dated April 17, 2014 ("Amendment# l"), the Po1i Manatee Lease Amendment #2 dated January 21, 2016 ("Amendment #2") the Port Manatee Lease Amendment #3 dated February 23, 2016 ("Amendment #3"), the Port

Manatee Lease Amendment #4 dated January 19, 2017 ("Amendment #4"), the Port Manatee

Lease Amendment #5 dated February 15, 2018 ("Amendment #5"), the Po1i Manatee Lease

Amendment #6 dated December 20, 2018 ("Amendment #6"), the Po1i Manatee Lease

Amendment #7 dated December 20, 2020 ("Amendment #7") and the Port Manatee Lease

Amendment #8 dated February 17, 2022 ("Amendment #8") and state as follows:

SCOPE. This Amendment #9 is being entered into for the purpose of amending paragraph 2 of the Lease extending the term for two years until December 31, 2024, and amending, modifying and superseding paragraph 3 (Rent) of the Lease. Except to the extent herein amended, all other provisions set forth in Amendment #8, Amendment #7, Amendment #6, Amendment #5, Amendment #4, Amendment #3, Amendment #2, Amendment #1, and the
Lease shall remain in full force and effect and binding upon the Authority and the Lessee. In entering into Amendment #9, the parties acknowledge that in no way has the Authority waived any of its rights or claims it may have against the Lessee.
MODIFICATION. The Parties agree to amend Section 2 of the Lease to extend the term two years such that the term of the Lease shall now terminate on December 31, 2024. The Parties agree to amend Section 3 of the Lease to provide that effective January 1, 2023, the Lessee shall pay to the Authority throughout 2023 the lease rent for the demised premises for each and every month of the term of this lease a sum in the amount of$1.74 per square foot, per month, payable in advance or $2,091.03. Effective January 1, 2024, the rate will be increased the same rate of increase as the Port Manatee Tariff No. 3 2024 general rate increase. The Lessee shall also pay any applicable Florida sales taxes on said rent, payable at the same time rental payments are made.
CONFLICT. In the event of a conflict regarding the provisions set fo1th in paragraph 2 of Amendment #9 and the Lease, Amendment #1, Amendment #2, Amendment #3,
Amendment #4, Amendment #5, Amendment #6, Amendment #7, or Amendment #8, the provisions set fo1th in Amendment #9 shall prevail. ln the event of a conflict between any other paragraphs within Amendment #9 and the Lease, Amendment #1, Amendment #2, Amendment #3, Amendment #4, Amendment #5, Amendment #6, and Amendment #7,
then the Lease, Amendment #1, Amendment #2, Amendment #3, Amendment #4,

Amendment #5, Amendment #6, Amendment #7, and Amendment #8, shall prevail.
MUTUAL REPRESENTATIONS. Each of the Pa1ties represents unto the other party that Amendment #9 shall govern the Parties' responsibilities regarding the term.
EFFECTIVE DATE. The effective date of Amendment #9 is January I, 2023.

IN WITNESS WHEREOF, the parties have caused this Amendment #9 to be duly executed this the 15th day of December 2022.

ATTEST:

ANGELINA M.COLONNESO

Clerk of Circuit Court

By: _

Printed: ---------

Name: L; 0Jq, .¥Y:)

MANATEE COUNTY PORT AUTHORITY

Chairman

ALPICO INTERNATIONAL

By: \n

Title: '< \-Q.. ' J)_su..\,.\-

LESSEE

December 15, 2022

CONSENT

AGENDA ITEM 1.I.: 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. Previous change orders in the net amount of $235,750 were approved. Request is to approve Professional Services Authorization (PSA) No. 23-02 for civil and electrical plans revision, construction review and additional construction phase services in the amount of

$68,400. With this PSA, the total contract price will be $677,728.

ATTACHMENT:

Professional Services Authorization (PSA) No. 23-02

COST AND FUNDING SOURCE:

$68,400 of Port cash

CONSEQUENCES IF DEFERRED:

Delay in approval of task change

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Professional Services Authorization (PSA) No. 23-02 in the amount of $68,400 between the Manatee County Port Authority and Stantec Consulting Services Inc. for additional services in the Intermodal Container Yard.

PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO. 23-02

Pursuant to the Port Manatee Professional Services Authorization Contract dated 2/26/2019.

between the Manatee County Port Authority, hereinafter referred to as the "Authority" and

Stantee Consulting Services Inc.,

hereinafter referred to as the "Consultant", the Authority hereby authorizes and the Consultant hereby agrees to perfonn the hereinafter identified professional services for the project, facility or program identified as:

"Additional Services-A SR Bidding and Revisions -

Intermodal Cargo Yard Improvements"

The professional services and additional tenns hereby authorized by the Authority and agreed to by the Consultant are set forth in the attached proposals dated December 2, 2022 for the above entitled project, facility or program.

The total fees and expenses for these professional services must not exceed:

$68,400.00

DATED: 1z/;s-/zv2:1_

;

c •=

MANATEE COUNTY PORT AUTHORITY

CONTRACT MANAGER

George F. Isiminger

By:

Executive Dtrect ...,

Senior Dir & Port Engineer, Dept of Engineering, Planning & Env. Affairs

CONSULTANT

By: _

Hamid Sahebkar, P.E., Stantec, Senior Principal

Name, Title:

Grant Contract #: G1527

If applicable, the Authority has considered and hereby approves this Supplemental Professional Engineering Services Authorization with a quorum present and voting this 15th day of December, 2022.

Attest: MANATEE COUNTY PORT AUTHORITY

By: By:

Clerk of the Circuit Court Chairman

Stantec

Stantec Consulting Ser•,ices Inc.

777S 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 Affoirs Port Manatee

300Tornpo Boy Woy

Palmetto. FL34221

Sahebkar,

Hamid

Olg1tally.signedby Sahet>kar-..Hamld Dato:2022.12.02 15:06;32.--OS'OO'

From:

HamidSahebkor, PE Senior Principal

Date: SUBJECT:

December 2. 2022

Request for Additional Services - ASR-Sr Bidding and Revisions of Alternative2 Area lntermodalCargo Yard Improvements

Port Manatee

Palmetto, Florida

December 2, 2022

Attn: Mr. GeorgeF. Isiminger,P.E.

Page2of 3

Reference: lntennodal Cargo Yardl.mprovements - PortManatee-ASR-8

SCOPE OF SERVICES

240 Alternative2 Revisions

Alternative2 pricing Review

Stantec willprovide the additional services required to review and evaluate the proposed pricing by the contractor. Thls will include coordinating with other team members, requesting breakdown of quantities, labor. etc. andattending related coll.
Alternative2 Plans Revisions

Stontec willrevise the Alternative 2 pionsettoreflect Client's requested changes of removing of the refer islands, etc.
Construction Duration Extension

Consideringthe significant extension of the const-ruction duration, Stantec isrequesting additional services for the extended period. This includes attendingbi-weekly meeting, additional site visits and coordination of the construction related issues. The estimated fee isbased on average four (4)hours per week of one Stantec staff for the fifteen (15) month duration (65weeks). adjustedby the amount

December 2, 2022

At1n: Mr. George F. Isiminger, P.E.

Page3 of3

Reference: lntermodal Cargo Yard Improvements - PortManatee-ASR-8

FEES

The Fees for the providing these services are as follows

ACTIVITY		FEETYPE	Total Activity Fee
TASK	DESCRIPTION

240	Alternative2 Revisions
241	Alternative2 Pricinn Review	Fixed	$6,420
242	Alternative2 Plans Revisions	Fixed	$9,480
243	Construction Duration Extension	Fixed	$40,000
	Subtotal		$55,900

	TOTALS {Stantec Labor)	Fixed	$55,900

llllulllllllli.._

mo ro11 & nlchol

December 2, 2022

50E1. Kennedy Blvd, Suite1910 Tampa, FL 33602

(813) 258-8818

www .moffattnicho l .com

S·tantec

777 S Harbour Island Boulevard Suite 600 Tan:i.pa FL 33602-5729

Attn: I-la.mid Sahebka.r, PE

Subjecr: Additional Services Reques, - Port Manatee Intermodal Cargo Yard

200 Yard Plugs and 300Yard Conduit and Limited Plugs Rc,·isions

Dear I-Iatnid:

PoreManatee has requested modifications to the consttuction d.ra th.at vv-ere adding refrigerated plugs at the «200" and «300» parcels. This revision -uril.1remove the electrical infrastructure.including the svvitch.gear, cables, a.:nd receptacles but retain the conduit. Specificv.,o.ck.in this t:ask includes

revie'\.v of the electrical design based on ·the change in.construction scope for coordination -...vith prior revisions and remaining components,
archiving of the electrical design for potential future use,

December 15, 2022

AGENDA ITEM 2.: INTERMODAL CONTAINER YARD CHANGE ORDER 9

BACKGROUND:

On July 28, 2020, the Authority approved The Crisdel Group as contractor for the Intermodal Container Yard Expansion of 9.3 acres in the amount (including deductive Change Order 001) of

$7,890,197.90, funded 50% by FDOT. Change Orders 002, 3, 4, 5, 6, 7 and 8 were previously approved for the addition of 148 refrigeration receptacles, further expansion of the container yard of 3.8 acres, and various unforeseen project requirements, increasing the contract $5,141,492.16. Change Order 9 includes surcharging additional area for further expansion of 2.9 acres, erosion and dust control, site demolition and removal in the amount of $4,584,495.90. Change Order 9 also includes an extension for substantial completion alternate #1 to December 30, 2022, and alternate #2 substantial completion of February 9, 2024. Total contract price with Change Order 9 is $17,616,185.96. FDOT approves of the change order.

ATTACHMENT:

Change Order No. 9

COST AND FUNDING SOURCE:

FDOT grant funding of $2,280,412 and Port cash of $2,304,084.

CONSEQUENCES IF DEFERRED:

Delay preparing area for further expansion

LEGAL COUNSEL REVIEW: Yes RECOMMENDATION:

Move to approve and authorize the Chairman to execute Change Order No. 9 increasing the contract between the Manatee County Port Authority and The Crisdel Group in the amount of

$4,584,495.90 for an additional 2.9 acres in the container yard.

- -

CHANGE ORDER FORM

PORT MANATEE

Project Name:

lnteranodal Caroo Yard Exuansion

Change Order No.

Purchase Ordor No.

PA0055"18

Date of Issuance:

Effective Date:

Owner:

Manatee Countll Port Aulhoritic

Engineer of Record:

Contractor:

Stantec

Crisdel Groue, Inc

Contract#: Contractors Project#:

Engineer's Project#:

Contract Na,ne:

PA005518 2322

Project:

8985Palm River Rd Tamea. FL 33619

lntermodal Cargo YardExpansion

lntermodal CarQo

Yard Exoansion

Description:

Alt#2 Civil &Electrical Scope

Attachments:

Quota ,r2322.occ Opt 2 rov2 Quote2322.--0BB

List documents supporting change:

CHANGE IN CONTRACT PRICE

Original Contract Price:

CHANGE IN CONTRACT TERMS

[note change, In Mllo.stonos if appllcabre)

Original Contract Times:

Retainaae is now reduced to5%

The Contract Is modified as follows upon execution of this Chanoo Order:

- - .. -

- - - -

C:RISCIEL

November 22. 2022

lvlanatcc County Port Autho.-ity

Deparunent of Engineering. Planning._.;::Envi1·on1nentnl Affairs

300 Tarnpa Bay Way. Suite;: I Paln1et10. Fl. 3422I

G.:u1·ge;:F. lsin,inger, P.E.

Senio,· ni,-ector--Port EngineeL·

RE: lrHennodnl Cm·go Ym·d E:-:pansion

Quole No 2322-0CC - Alt #2 Parl'ial Civil and ParLialElecLricul S<.:ope - Oplion #2 Rev 2

Dea.- iVI.-. lsi1ninger:

In acco1·clanccyou.-rcquc:n tor hudgetn,·yp1·ici11g 10 construct AltenHlles #2 in the ,·eviscd configuration pe1· the allachc::d sh..:tch,

Ocscr-iption	Bid Quautit -	Unit	f>rjce
Ocscr-iption	Bid Quautit -
Cjcncn,I Conditions

,vc a,·epleased toprovide thefollo"'ing proposnl fo,·your use nncl 1·cvicw.

- - - - -

Ucscri12tion		Bid nuantitv	Unit	Price

12" Base LBR /00		/5 I 7-1	SY	s 506.79.3.00

.4If 2 .·lspha/t		1517-1	.<,'),	s 938.53-1.00

lnlel al Existing 48" RCP		I	LS	s 55.020.00

Concrete Flurnes		3	EA	$ 32.175.00

D Curl>		280	LF	s 20.750.00

12" DIP Pi1·e Linc andHydrant		390	LF	s 98.800.00

AdjustExisting FHs		I	LS	s 8,212,00

Electrical (UG .fiw.fi1111re Re /ers-110 ll'ire, /-/,\ I l"'ole. ·1·u I.Joa/ />nu·er Lru,:I ( ieor)	(I)	I	LS	s I. I I 1.210.00

Fencing		430

- -

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- - OGSCRtPTION

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Upon your,·evie,v. should you require nny further additional intbrnu1tion. plense feel free lo contnct our office.

Very truly your·s, CRISOEL GROUP. INC.

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·---:l-.-.".LJ-,-L--c

Rnul Gonzalez

P1·ojec1 Executive/Area iVlanage1· (PL)

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ProJect:llntermodal Cargo Yard E)cpansfon

Description: IAlt .2 - Ductile Iron Pipe

There Isa possibility to shorten the 40-week

Explanation: Jleadtlrne by combining this order vvlth the Air-1

5>_rdr

Cr'lsdelProject No.:J2322 !

O,uot:e:f2322-0B _

Hyd Excavator - Komatsu PC308 Hyd EHc.ava·tor - Komatsu PC228 Hyd Excavator- Komatsu PC138

Front End Loader- KomauuWA 320

Grader ... Komcit:su GOGSS Dozer - Komatsu 065

Doz-er - Komatsu 051

Din: Roller• IR50122

Htht Rab: H<2.. tlsun: lEA EguieHrs

$ 11.8.92 $

$ 101..23 $

$ 77.10 $

$ 55.44 s

$ 88.47 . $

89.49 - s

s 121.21 - s

s 63.87 - $

- - - - -

General Foreman
Laborer
Opc.rator
Driver

s 75.85
$ 40.l.3
$ 44.00
$ 33.83

Subtot.11- Labor:

Final Audit Report

2022-12-02

"Port Manatee CO #9 R1 (002)" History

'E:l Document created by Robert Howard (rhoward@portmanatee.com)

2022-11-29 -8:49:15 PM GMT

L Document emailed tohamid .sahebkar@stantec.com for signature

2022-11-29 - 8:52:19 PM GMT

'E:l Email viewed by hamid.sahebkar@stantec.com

2022-11-29 - 9:12:13 PMGMT

Created:

2022-11-29

By:

Robert Howa.-d (rflowa.-d@portmanatee.com)

Status:

Signed

Transaction ID:

CBJCHBCAABAAODOP_NkqawqWlwq04mTBc99SjmuZApBW

December 15, 2022

AGENDA ITEM 3.: ADDITIONS, CHANGES AND/OR INCREASES TO

PORT MANATEE TARIFF NO. 3

BACKGROUND:

On November 9, 2022, tenants and users were invited to Port offices to discuss proposed tariff increases to be effective January 1, 2023. There were no responses to the proposed tariff increases which can be discounted based on volume incentives. Most of the tariff items reflect a 6% increase as annotated in attached tariff pages.

ATTACHMENT:

Port Manatee Tariff No. 3 additions, changes and/or increases effective 01/01/23.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Loss of revenue.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the attached Port Manatee Tariff No. 3 additions, changes and/or increases effective 01/01/2023.

PORT MANATEE TARIFFN0.3			15th Rev. Page 19 Cane. 14th Rev. Page 19
SECTION TWO RULES AND REGULATIONS
ITEM	SUBJECT	APPLICATION
280 Cont.	Licensing	LICENSING PROCEDURE F. License Fees
♦		1. Marine Terminal Operator
		Initial Application Fee $6,945.00 (Non-refundable) 7,362.00 Initial and Annual License Fee $1,270.00 (Will not be prorated) 1,346.00 Does not include 5% surcharge per tariff item 465 2. Stevedore
		Initial Application Fee $6,945.00 (Non-refundable) 7,362.00 Initial and Annual License Fee $1,270.00 (Will not be prorated) 1,346.00 Does not include 5% surcharge per tariff item 465
		License Fee (will not be prorated)
		G. Performance Sureties
		Each stevedore, terminal operating company or other business which is required by the Port Authority to have a license to operate shall furnish as a minimum, or as deemed by the Executive Director, a bond for the proper performance of his duties as Stevedore in the penal sum of Ten Thousand Dollars ($10,000.00) prior to issuance and/or reissuance of licenses. Those stevedores who intend to perform stevedoring functions at Port Manatee must furnish Stevedore's Legal Liability coverage with limits as set by the Executive Director.
		H. Minimum Short Tons
		A minimum of fifty-thousand (50,000) short tons consisting of 2,000 pounds per ton of waterborne generated cargo must be worked by the permit holder each year. Failure to meet the minimum tonnage requirement will be a major factor in the consideration of any renewal of an application. The company actually performing the work will be the only company credited with tonnage as required for renewal.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			23rd Rev. Page 28 Cane. 22nd Rev. P. 28
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
395 Cont.	Dockage Rates - Based on gross registered	MOTOR VESSELS:
	tons (GRT)	$ .25 per vessel gross registered ton.
		BARGES:
		$ .34 per gross registered ton.
		NOTE: Vessel or barge dockage rate application is based on GRT or LOA, whichever the greater revenue generator for the port, except for roll-on/roll off and pure truck car carrier (PTCC) vessels, which will be assessed RO/RO LOA (see Item 396). Barges and tugs shall be charged as separate individual units regardless of their configuration.
		LAYBERTH AND FUEL BUNKERS: (Subject to availability and at the discretion of the
		Executive Director): $ .20 per gross registered ton per day or $681.87 722.78 per day (whichever is
		greater)
		MINIMUM CHARGE:
		Tugboats: $109.19 115.74 per day or fraction thereof. All others @ $456.00 483.36 per day or any fraction
		thereof.
		Vessels 33'0" draft and over (either in or out) will be
		assessed an additional $-:-064 .07 per GRT, per day's dockage.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			22nd Revision Page 28-A Cancels 21st Rev. P. 28-A
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
396 •	Dockage Rates - Based on vessel length overall (LOA)	LENGTH RATE PER FOOT 0-199 $ 3.39 200-299 $4-:-1-e 4.41 300-399 $4-:-1-e 4.41 400-499 $ 5.97 500-599 $ 8.05 600-699 $ 9.36 700-799 $-l--hl-9--11.86 800-899 $n49---14.30 900-OVER $-14-1-±-17.09 TUG/BARGELOA RATEPERFOOT See rates listed above NOTE: Vessel or barge dockage rate application is based on GRT or LOA, whichever the greater revenue generator for the port, except for roll on/roll off and pure truck car carrier (PTCC) vessels, which will be assessed LOA. Barges and tugs shall be charged as separate individual units regardless of their configuration.
Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			17th Rev. Page 29 Cane. 16th Rev. Page 29
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
397	Dock Demurrage Charge	Vessels, barges, and other equipment failing to vacate a berth under the conditions ofltem 230, shall be assessed a dock demurrage charge of $934 .95 991.05 per hour, or any fraction thereof, for each and every hour the berth continues to be occupied.
405	WharfDemurrage Charge	For each of the first 8 days or fraction thereof, per ton $ 2.44. For the 9th and each succeeding day thereafter, per ton$ 3.18. Minimum Charge $132.59 140.55
407	Access Way Obstruction Permit	No roadway, highway, railway or other public access leading to or from or within the Port shall be blocked, severed or otherwise rendered impassible or obstructed by any Port tenant or other user of Port facilities without a written permit by the Executive Director. An application for such a permit must be made to the Executive Director no less than 72 hours prior to any aforementioned obstruction and shall include a complete explanation of what work is to be done, where it will occur and what impact it will have upon Port traffic, tenants and users of Port facilities. The application shall contain a statement that the applicant will be responsible for returning the access way to a condition as good as or better than prior to the obstruction thereof and an indemnification of the Port Authority holding the Port Authority harmless from any and all claims, damages or losses which might be incurred or sustained as a result of the access way obstruction, unless the Port Authority or employees were negligent. The Executive Director shall determine the repair and replacement value of said access way and the applicant shall post a bond with the Port Authority in the amount of 125% of that value conditioned upon the access way being restored to and remaining in a condition as good as or better than prior to the obstruction thereof for a period of not
Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			9th Revision, Page 29-B Cancels 8th Revision Page 29-B
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
410 •	Identification Badges Criminal History Records	The Transportation Worker Identification Credential (TWIC) is required of all individuals needing unescorted access to Port Manatee. Individuals employed at the port and its tenant facilities upon issuance of their TWIC must enroll the credential into the port's access control system. To ensure currency of access eligibility, credentials must be enrolled on an annual basis. Renewal will be done annually on the same month the TWIC is to expire. The fee for enrollment is
		$#:00 50.00. Only port tenants, licensees and permit holders are eligible for permanent enrollment in the access control system. All others must
		check in at the access control center before each port entrv.
411 •	Port Escort Service For Non-TWIC Holders	The Port Authority and Port Manatee are subject to ·minimum seaport security standards, procedures and requirements imposed by both federal and state laws. As such, it is the policy of the Port Authority to strictly enforce access to the port for all non-TWIC holders. All non-TWIC holders, with approved business on port property within the port's designated security area, shall be monitored or escorted by Port Manatee personnel only, during all working hours and shifts, without exception. Custody and responsibility for authorized visitors subject to this policy may be transferred to the authorizing business or persons for the complete time period of each visit; then returned in-kind to Port Manatee personnel for monitored or escorted exit from the then current secure area. The Executive Director is authorized to consider individual cases of special dispensation, which do not compromise the intent of this tariff item or violate federal or state laws.
		Port Escort Service forNon-TWIC Holders $90-00
		100.00
		Deliveries ofless than container load (LCL) or less than truck load (LTL) and trucks loading bulk commodities may be monitored in lieu of escort. This provision is not applicable to trucks loaded with
		palletized or break bulk cargo at warehouse facilities. Bulk commodities requiring special handing or attention must be
		escorted. Loaded trailers pre-staged and ready for immediate pickup may be monitored in lieu of escort. Advanced documentation must be
		provided to the security department to ensure that the pickup can be sufficiently monitored. Cargo staged in remote or unmonitored areas must be escorted. Port Monitoring Fee for Non-TWIC holders is$ 50.00 All trucks involved in vessel operations must be operated by a valid
		TWIC holder.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			8th Revision Page 29-C Cancels 7th Revision Page 29-C
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
412	Security Fees	Security fees are assessed to recover the costs incurred by security assessments, security plans, equipment purchases, installation and maintenance, access control and staffing required to implement the provisions of the Port's Facility Security Plan as mandated under the provisions of the Maritime Transportation Security Act of2002 and U.S. Coast Guard regulations in 33 CFR 105. Security fees will be assessed as appropriate to the specific operation and the parties to which the services are being provided. Collection of these fees will be assessed as follows: All Port licensees and permit holders will be assessed a 5% surcharge on their annual licensing/permitting fees to assist in the recovery of security costs. See tariff item 465. A daily security fee will be assessed to the vessel owner or agent to cover the costs associated with establishing and maintaining the vessel security interface as outlined in the Maritime Transportation Security Act and the provisions of the Port's U.S. Coast Guard approved Facility Security Plan. The fee rates due under this tariff are as follows: A daily rate of $ .98 per linear foot for vessels with a port stay of two days or less. A daily rate of$ 66 per linear foot for vessels with a port stay of three to seven days. A daily rate of $-d& .40-per linear foot for vessels with a port stay of over seven days. When required in the Port's U. S. Coast Guard approved Facility Security Plan personnel will be assigned to monitor the security of each vessel/facility interface. The vessel's owner or agent will be assessed a fee to recover the costs of the guard services commencing from the time the security area is established until the security operation stands down, which is dependent upon the type of vessel and cargo operation. Security service charges will be assessed at the rate of$ 35.26/hour per guard. No outside security services will be authorized on the port without the advanced approval of the Port's Director of Seaport Security.
Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT .MANATEE TARIFFN0.3					6th Revision Page 29-D Cancels 5th Revision Page 29-D
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
415	Parking Fees	Port Manatee has designated areas for parking privately owned and other vehicles of passengers embarking on cruise ships calling at Port Manatee. Passengers who take back-to-back cruises will pay actual parking for each cruise. The charge for parking is at the following flat rate schedule. Buses & RV's (two spaces) @ twice the rate listed:$ 16.54 per day
		Parking in other designated areas at Access Control: $.'.7-±8 7.72.
416	Cruise Passenger Transit	$ 8.82	for	embarkation	and	$ 8.82	for
	Rate	debarkation.
417	Reimbursable Services Program Fee	A fee of 10% will be assessed based on the Reimbursable Services Program charge from the U.S. Customs and Border Protection (CBP).
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			30th Revision Page 30 Cancels 29th Revision Page 30
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
420 •	Water Hose	When the Port Authority is called upon to furnish water hose, a hose rental of $-1-G-:-+7 11.42 per 50-foot section will be made with a minimum charge of$ 22.60. All
		ship hose must be free from leaks or the Port Authority
		water hose must be used.
		There will be a water hose connection fee of$ 44.00
		per hook-up.
		Hoses damaged or lost $213.20 225.99
		(Per 50-foot section)
425 •	Water	Rates for water delivered to vessels or wharves or docks shall be assessed as follows per voyage: A. Per short ton .................. $2--:--10 2.86
		B. Over 300 short tons $-h-1--l- 1.18
		C. Over 3,000 short tons $.84 .89
		NOTE: Minimum charge $	63.56
430 •	Electrical Current	Electricity furnished by the Port: For each connection $	57.21
		For each 24-hour period or fraction thereof.
437	Port Authority Truck	During normal working hours, trucks or other vehicles
	Scales	weighed upon Port Authority scales are (each weigh)
		$11.00. If vehicles are overloaded, or for any other reason
		must be reweighed (other than an axle reweigh on a gross
		weight), a separate charge will be made for $11.00 per
		each weigh. If an axle reweigh is required on a gross
		weight, the fee will be $2.00. Normal working hours are
		0700 - 1800, Monday through Friday. The Executive
		Director or designee may adjust the normal scales
		working hours at his/her discretion. The Port Authority
		will provide scales on overtime hours (see Item 445 for
		overtime rates), including Saturdays,	Sundays,	or
		Holidays provided the Port Authority is given notice at
		least 24 hours in advance, but no later than 1200 hours the
		previous working day, and the scales will be open a
		minimum of 4 hours.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			17th Revision Page 31 Cane. 16th Revision Page 31
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
440 •	Linehandling Charges	Port Manatee Linesmen service will be furnished for the services of handling lines for docking, undocking and shifting vessels and/or barges at the following rates,
		applying separately for each service: (See note)
		0 - 4,999 gross tons $¼+.00 386.00
		5,000-14,999 gross to $ 413.00
		15,000-OVER ... $468-:00 496.00
		Vessels and/or barges using steel cables will be charged an additional I0% over and above linehandling rates. Additional
		charges will be made for handling lines in shifting vessel
		and/or barge. (See Item 445, Page 32).
		Linehandling service does not include positioning a vessel by
		a linesman, and the Port is not responsible for the positioning
		of any vessel.
		The above charges are applicable for services performed
		during the regular working hours. (See Item 380) Services
		performed at times other than regular working hours will be
		subject to charges 50 percent over those listed above. If part of the time falls in the period other than regular working
		hours, the higher charges will prevail for the entire operation.
		Holidays subject to double Tariff rate.
		A waiting time of three (3) hours (See note) will be allowed
		after which such time will be subject to labor charges (as
		shown in Item 445) on an hourly basis with a one hour
		minimum. All motor vessels are required to use Port
		Authority linesmen.
		All barges in excess of 1,500 gross registered tons will be
		required to use Port linehandlers for docking and sailing
		unless other prior arrangements have been made with the
		Executive Director.
		NOTE 1: "waiting time" starts one (1) hour before actual time ordered for vessel arrival and one-half hour before actual time
		ordered for vessel departure, exclusive of the first three (3)
		hours. Note 2: Barges under 1,500 GRT may not be required to use
		linehandlers unless requested, m which instance rates published herein will apply.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			17th Revision Page 31-A Cancels 16th Rev. P. 31-A
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
441 •	Charge for Refrigerated Containers	Forty Dollars and Thirty Six Cents $ 42.78 to engage an outlet for refrigerated containers for each day (midnight to midnight) or any fraction thereof.
		The Port Authority assumes no liability for personal injury or property damage, including damage to the
		property of the Port, except as caused by its own
		negligence.
		The Port Authority does not warrant the delivery of
		power to an outlet nor the mechanical condition of
		equipment furnished hereunder. Users of outlets, by
		accepting possession and use thereof, agree that upon termination of the period of use, said outlets will be
		returned to the Port in the same condition as when
		received, ordinary wear and alone excepted.
442	Dockside Repairs, Manipulation & Fabrication	Any waterborne craft residing on the dockside engaged in repairs, fabrication or manipulation shall be assessed a dockage rate per day or any fraction thereof based on length overall (LOA) per tariff item 396.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			33rd Revision Page 32 Cane. 32nd Revision Page 32
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
445 •	Rates for Labor Furnished by the Port	STRAIGHT TIME OVERTIME Supervisor..............$ 60.17 hr. $ 90.25 hr. Warehouse Man.......$3-9-:# 41.80 hr. $.§.9.:.l.4 62.69 hr.
		Clerk................... $3-9-:# 41.80 hr. $.§.9.:.l.4 62.69 hr
		Operators, Machine...$43-,.8+ 46.50 hr. $ 69.75 hr.
		Labor. ...................$3-9-:# 41.80 hr. $.§.9.:.l.4 62.69 hr.
		Security................$ 35.25 hr. $49-,.8-9- 52.88 hr.
		Scale Operator. .......$4-&6+ 51.59 hr. $ 77.39 hr.
		Drone & Photography Srvcs....$125.00 hr during business
		hours/differential rate during non-business hours $175.00
		hr./$500.00 raw footage.
		Charges for Port personnel not listed above will consist
		of the actual hourly rates (whether regular time or
		overtime) plus 60%. Any materials necessary to perform such services will be charged for on the basis of actual
		cost plus twenty-five percent (25%) for purchasing and
		handling. When personnel are called out in overtime specially to perform services as mentioned above,
		services performed will be subject to a minimum labor
		charge of four (4) hours for the personnel performing such services.
451 •	Facility Use Fees	For the period of U.S. Customs' 72-hour vehicle processing, the following provisions apply: From the date of vessel departure of the loaded vehicles, a five (5)
		consecutive days' grace period will be provided for the
		removal of vehicles which were not loaded aboard the
		vessel. After the grace period, a charge of$+:±!- 7.64 per
		day per vehicle will be imposed.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			18th Rev. Page 32-A Cane. 17th Rev. Page 32-A
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
452	Warehouse 2-B Dock Transfer Fee	Warehouse 2-B Dock Transfer Fee $ 33.07 per container.
453	Used Vehicles With Cargo	For shipments of used vehicles which contain commodities considered cargo which are not vehicle components, the following rates will apply in addition to the wharfage commodity rates in Item 491, page 36 of this tariff: Vehicles up to 10,000 pounds-$15.00 each Vehicles over 10,000 pounds- $25.00 each
454	Late Cargo Statement Charge	Reference is made to the cargo statement requirements of Item 195. This documentation is necessary for computation and assessment of charges and maintaining Port records. All vessel agents or representatives shall comply within five (5) business days or: A late charge will be imposed of $100 per business day;and Cargo free time will be waived.
455 ♦	Minimum Charges	Unless otherwise specified in individual items, the minimum charge on single shipments, handled over the Port Manatee facilities, shall be as follows: Wharfage $86-:00 91.00 Storage................................. $86-:00 91.00 (Per 30-dav period or fraction thereof.)
Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			27th Revision Page 33 Cancels 26th Revision Page 33
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
456	Transshipment Charges	The appropriate wharfage charge shall be assessed to the in bound and out-bound cargo or containers. Free time for containers and cargo 1s 14 days. Standard commodity demurrage charges apply after free time is exhausted.
460	Charges for Preparing Documentation	The following charge will be assessed by the Port Authority for the service of preparing documentation: Each bill-of-lading Negotiated
465 •	Permit Fees	The following permit fees are applicable to the following business categories for the privileges of conducting operations at Port Manatee, on an annual basis: OTE: All fees will be assessed an additional 5% surcharge to ssist in the recovery of security co ts. Vendors $685.00 726.00 Freight Forwarders and Custom Brokers $340.00 360.00 Ship's Agents $340.00 360.00 Ship Chandlers $410.00 435.00 Taxicabs (per cab).........................................$ 37.00 Vessel Fuelers $860.00 912.00 Oily Waste/Sanitary Removal Companies $340.00 360.00 (See Item 381) Security Firms..................................$340.00 360.00 (See Item 382) General Operator (5 employees or less).................$-80-:-{}(} 85.00 (See Item 383) General Operator (more than 5 employees $395.00 419.00 (See Item 383) Non-Licensed Crane Service $940.00 996.00 (See Item 281) Heavy Haulers (over 100,000 lbs) $1,170.00 1,240.00 Other business categories will be covered by special arrangements. Ship's agents require annual application for permit. All business categories other than taxi cabs are required to provide proof of insurance coverage as specified in Item 250 of this tariff. Taxi cab businesses will be required to provide Business Automobile Liability Insurance with minimum limits of $50,000. The above permit fees will be applied on a calendar year basis. Firms commencing business at Port Manatee after June 30 will pay one-half of the scheduled yearly fee.
Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			36th Revision Page 34 Cancels 35th Revision Page 34
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
470	Rental of Equipment	Operator not supplied with this equipment: (See Item 445 for labor rates) Riding Lawnmower, per hour ........................ 55.00 Tractors, per hour ................................................$ 74.00 Forklift, per hour ..................................................$ 74.00 Welder (225 Amp.)............................................... 55.00 Portable Light Unit.............................................. 55.00 Air Compressor (125 PSI), per hour................ 55.00 Pickup Truck, per hour 55.00 Trash Dumpster (per load) ............................... $69-:00 73.00 Big Red Generator, per day, plus fuel.............$ 21Q,_QQ Drag Bar $1,217J)O 1,290.00 per day Mats, timber or other material as mandated for use to protect Authority property to comply with procedures for crane operations of Item 484 or to meet other requirements of the Executive Director or his designee: Per Daily Use..........................................$ 413.00 Operator supplied with this equipment: Street Sweeper, per hour 2 hr min..................$ * 222.00 Scissor Lift, per hour 2 hr min.......................$ 1-69,00* 179.00 High Lift per hour 2 hr min..........................$JJ9.:.00* 359.00 *Rates are during normal working hours. Add 1.5 to rate per hour at times other than normal working hours. Motor Boat or work barge with outboard motor, per hour, 2 hour minimum .................................$.J-0&.:00 115.00 Any subcontracted equipment rentals will be charged at cost plus 10%. The Port reserves the right to require use of its own personnel unless prior arrangements are made. The Port reserves the right to not rent equipment or to terminate use and reassign equipment when and if necessary. ABOVE RATES SUBJECT TO APPLICABLE STATE SALES TAX.
475 •	Warehouse Storage	When in the best interest of the Port Authority, warehouse space may be leased at a rate of $-:-+-1 .82 per square foot per 30-day period or fraction thereof or per items 702-725 whichever yields the
		greater revenue... subject to availability and at the discretion of the
		Executive Director. Long-term leases of one year or more are
		subject to negotiation and Executive approval.
476 •	Office Space/Utilities	Office space may be acquired subject to availability and at the discretion of the Executive Director at the following rates per square foot per month: Intermodal Office Complex/Port Admin/ Harris Intermodal: $;M.9 2.64 plus utilities
		Warehouses 9 & 11: $-h902.01 plus utilities
		Warehouses 1 & 3: $-h'.R--1.830 plus utilities
		Access Control Training Roorn/Intermodal Chambers: $ 244.00
		/day*
		Cruise Terminal: $41-9:-00 444.00 /day*
		Other: negotiated
		*Plus security fees when applicable
		Longer-term leases of at least three years may be leased at a negotiated
		rate.
		Subject to Florida Sales Tax Item 241. Common area maintenance may
		be calculated at the discretion of the Executive Director at a reduced rate
		of the rental rate.
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			29th Revision Page 34-A Cane. 28th Rev. Page 34-A
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
477 477A ♦	Outside/Open Lease Storage Rates (Short Term) Containers/Trailers/Trueks Storage	When in the best interest of the Port Authority, outside storage may be leased at a rate of$ .183 per square foot per 30-day period or fraction thereof in land Zone "A" and $-:-144 .153 per square foot per 30-day period or fraction thereof in all other land zones Paved areas may be leased at a rate of$ .219 per square foot per 30-day period or fraction thereof. Longer-term leases may be negotiated at the discretion of the Executive Director. In areas designated by and at the discretion of the Executive Director, open storage of containers, trailers,. and trucks will be assessed charges monthly as follows: Each unit whether loaded or empty (eeth 20 feet,..ma 40 feet,. and 53 feet units), and trucks per day;_ 1 to 5 days: $8.00 dry or $13.30 for hazardous material.
		6 to 10 days: $16.00 dry or $26.60 for hazardous material.
		11 to 15 days: $32.00 dry or $53.20 for hazardous material.
		>15 days: $64.00 dry or $106.40 for hazardous material.
		Empty containers: $8.00 per dry or reefer.
		+rnileFs eF eeata:ineFs with h a:Faet:ts ma:teFial $BJ g eF
		day,- No free time unless prior arrangements made with Director of Operations or designee. NOTE: 1. See Item 481 for application of volume rate period. 2. Subject to availability at the discretion of the Executive Director. 3. Rental rate could also apply to tenants utilizing additional Port land, outside of their established lease premises, without the Port Authority consent. Tenant shall pay real estate taxes, maintain insurance and keep the premises in good condition.
478	Warehouse	In the event a warehouse has to be opened for an operation during other than normal Port Manatee working hours, and a warehouseman is requested, an overtime charge will apply for a Port Authority warehouseman in accordance with the rates for labor furnished by the Port (reference: Item 445, page 32), for the account of the requesting activity, unless specifically waived in writing by the Executive Director and/or the Executive Director may require warehouseman be used for the account of the user(s). During normal working hours, there is no charge for the warehouse to be opened and used.
479	Unlicensed Harbor Tugboats	Any unlicensed tugboat(s) performing harbor tug services of docking and/or undocking motor vessels shall pay a fee to the Port Authority of $1,000 per tugboat for each movement. (For information on licensing harbor tugboats, see Item 280).
Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			26th Revision Page 35 Cancels 25th Rev. Page 35
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
480	Limits of Liability and/or Responsibility for Damage	When operators are furnished by the Port Authority with equipment rental to others, the operators shall be under the sole supervision of the party renting the equipment. Acceptance of the operator by the renter denotes agreement on the part of the user that the operator is fully qualified. The Port Authority assumes no liability for personal injury or property damage except as caused by its own negligence. The Port Authority does not warrant the mechanical condition of equipment furnished hereunder and its sole liability shall be to furnish competent mechanics to make such repairs as are brought to its attention. Users of all freight handling equipment, by receiving possession thereof, agrees that upon termination of the period of use, it will be delivered to the Port Authority in the same condition it was in when received, ordinary wear and tear alone excepted.
481	Volume Rates	The volume rates published in this Tariff apply on tonnage handled on a twelve (12) month basis running from October 1 through September 30 of the following year, except in cases where written agreements define the twelve (12) month period.
482	Harbormaster Fee	Harbormaster Fees will be assessed on all working commercial vessels calling at Port Manatee for harbor and Port improvements: $ .055 per vessel gross tons $-:-094 .10 per LOA for RO/RO or pure truck car carrier vessels. Minimum charge: $ 56.88
483	Project Cargo/Heavy Lift Specialized Shipments Wharfage Rates	Project Cargo/Heavy Lifts are individual lifts @ 150,000 pounds up to 600,000 pounds. Weight above 600,000 pounds is charged per C.
		Rates:
		A. Heavy lift @ $J.:±4 3.43 per ton.
		B. Project cargo weighing less than heavy lifts: $ 3.00/ton.
		C. Above 600,000 pounds: $-1-:±'.7 1.35 /cwt (per hundred weight).
Issued: 12/15//22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3		45th Revision Page 36 Cane. 44th Revision Page 36
Charges for Wharfage are in dollars per ton of 2,000 pounds by weight in short tons unless otherwise specified. (See Item 265) Project Cargo/Heavy Lift are per Item 483. A
SECTION FOUR		RATES AND CHARGES
ITEM	COMMODITY	WHARFAGE
485	Articles -General (not otherwise shown herein) Weight or Measurement (W/M) whichever generates the greater revenue	2--:% 3.13 W/M
486	Agricultural & Nursery Supplies, viz: kd boxes, strapping, pallets, comerboards, cardboard kd bins and other farm-related items	-h-19 1.90
487	Aluminum	2.16
489	Bananas, Pineapples, Plantains, Yams, Yucca	2.35
491	Automobiles/light trucks <10,000 lbs ea. Automobile/light trucks > 10,000 lbs ea. New cars, trucks	6-A+ 6.79 94-l- 9.76 4.90
492	Citrus, fruit juices, related beverages in packages per vessel shipment and related containers, drums, packaging, bins, lids, among other items:	2.36
493	Melons	2.46
494	Cotton - baled	41- .65
495	Containerized cargo - rates apply to net tons. Container tare weight excluded. Empty containers each:	2.57 :2--:00 4.00
497	Drywall/Sheet Rock/Gypsum Board	-h-+4 1.84
500	Explosives and Hazardous Commodities (by approval of the Executive Director)	Negotiated
501	Fertilizer, Bagged:	2.36
502	Bagged: Flour, Sugar, Rice, Salt	1.73
503	Glass (in crates or containers)	2--:44 2.59
504	FruitsNegetables NOS	2.35
Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3				35th Revision Page 36-A Cancels 34th Rev. Page 36-A
SECTION FOUR	RATES	AND	CHARGES
ITEM	COMMODITY			WHARFAGE
505	Hardboard, Particle Board			-he+ 1.77
506	Homes, mobile/modular, per unit:			Negotiate
508	Limestone in super sacks			1.27
510	Linerboard			2.13
511	Blades, windmill in special container Note: Charge by short ton to include container tare weight			3.39
512
515	Logs, Cants and Pallets			2.17
520	Lumber, per 1,000 Board Feet gross measure, Lumber or Timber Rough or Dressed, in Bundles for Forklift Loading or Unloading:			-h+6 1.87
525	Paper, Newsprint or Print Paper-Knockdown (KD)			-h94 2.06
530	Paper, Waste in Bales			1.66
531	Paper Products, NOS			U9 2.85
535	Petroleum, Petroleum Products in Barrels or Cases			2.28
Issued: 12/15/22				Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3				36th Revision Page 37 Cancels 35th Rev. Page 37
SECTION FOUR	RATES	AND	CHARGES
ITEM	COMMODITY			WHARFAGE
540	Pipe, Iron, Steel, Wire, Wire Rope			2.14
541	Concrete Pipe, Piling and Slabs			2.33
550	Plywood - Bundled			+M 1.96
553	Scrap Metal			3.50
555	Seafood Frozen			Negotiated
557	Sisal Pad, Cordage, natural or synthetic fiber and related commodities			2.36
560	Tile			2.85
561	White Cement in Super Sacks			1.65
563	Woodpulp, baled			+M 1.73
570	USDA PUBLIC LAW 480, Bagged goods			,¾- .58
575	USDA Public Law 480, Products chill or frozen			2.73
576	Construction and Farm Equipment			ea. 27.45 ea.
577
580 ♦	Yachts & Small Boats			H- .-44 ea. 122.37 ea.
Issued: 12/15/22				Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFNO.3				31st Revision Page 38 Cancels 30th Rev. Page 38
SECTION FOUR	RATES	AND	CHARGES
ITEM	COMMODITY			APPLICATION
600	Bulk Commodities			WHARFAGE RATES: Rates in cents per ton of2,000 pounds (lbs), except as otherwise shown:
	Aggregate			,.9;.99
	Ammonium Sulfate			,.9;.99
	Bauxite			l.36
	Cement Clinker			+:-l-4 l. 21
	Cement-Finished			+:-l-4 l.21
	Citrus Juice Concentrate/Not from concentrate			] l.46
	Citrus Pellets			.55
	Coal			.90
	Com/Grain			-:M .57
	Dolomite (Agricultural)			-:&G.85
	Dry Bulk- NOS (Not Otherwise Shown Herein)			-hM 1.63
	Feed in Bulk by Owner's Conveyor			--,@_64
	Fertilizer and/or Fertilizer Material in Bulk by Owner's Conveyor			-,e9.73
	Fertilizer - Ammonium Nitrate			--:% l.02
	Fertilizer - NOS (not by owner's conveyor)			--:84-.89
	Fly Ash			-:%-l.02
	Glass Cullett in Bulk			.,M...89
	Granite, Limestone, Limerock			.93 .99
	Gypsum			,-++--.82
	Liquid Bulk-NOS			.30 Bbl or 1.62 ton whichever is greater
	Petroleum Coke			.,M...89
	Petroleum, Petroleum Products in Bulk (42 gals. per barrel) including gasohol, alcohol or other liquid blending ingredients for petroleum-based fuels.			:-H--.159 Bbl
	Petroleum-Vessel Refueling (bunkering) via barge, truck or pipeline per barrel - Non-Port Manatee tenant			-:-l&-.19 Bbl
	Phosphate Rock (wet or dry) in Bulk by Owner's Conveyor			,.J&...40
	Salt			;::,.:J-.76
	Sand in Bulk			-:%-l.02
	Slag			,.9J-.99
	Sugar			-:+l-.53
	Sulphur			.,W.53
Issued: 12/15/22	Effective: 01/01/23
Increase	Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3

14th Revision Page 40 Cancels 13th Rev. Page 40

SECTION FIVE: TERMINAL INSIDE STORAGE RATES AND CHARGES-PER SHORT TON

ITEM

COMMODITY-SEE ITEM 701 FOR CALCULATION

702

Articles - General NOS (not otherwise shown)

2.99

.84

6.19

+-1-,@

12.39

703

Aluminum

J.:.+l.

3.93

+;!.I).

8.26

16.50

704

Bananas

Terminal Operator or Item 438

705

Citrus Juices and Related Beverages

Terminal Operator or Item 438

706

Fertilizer, bagged

2.59

4:-+6

5.05

9-:-+4

10.32

707

Flour, Sugar/Rice Bagged:

2.59

4:-+6

5.05

9-:-+4

10.32

708

Glass, crated

4.78

9:-1+

9.66

-1-&U

19.32

709

Fruits/Vegetables

Terminal Operator or Item 438

710

Hardboard

2.44

4-:-6+

4.95

9.77

711

Kraft Linerboard (KLB)

J,49

3.70

+.00

7.42

14.89

712

Linerboard

2.59

4:-+6

5.05

9-:-+4

10.32

714

Newsprint

2.59

4:-+6

5.05

9-:-+4

10.32

715

Paper Waste (in bales)

J,49

3.70

+.00

7.42

14.89

716

Paper Products NOS

5.22

10.41

20.94

717

Petroleum Products (barrels or cases)

Item 475; Item 476

718

Pipe, Iron, Steel, Wire, Wire Rope

2.87

..41-

5.73

9.03

720

Sisal Pads, Cordage, Natural or Synthetic Fiber Related Commodities

2.66

5.33

10.73

721

Tissue

4.06

+.;/-&

8.25

16.50

722

Woodpulp, baled

2.37

4-:#

4.72

&-:-90

9.43

Issued: 12/15/22 Effective: 01/01/23

Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3		11th Revision Page 41 Cancels 10th Revision Page 41
SECTION FIVE: TERMINAL lNSIDE STORAGE RATES AND CHARGES-PER SHORT TON
ITEM	COMMODITY	A	B	C
723	USDA Products Bagged Goods	Public Law 480; Item 475
724	USDA Products Chilled or Frozen	Public Law 480; Item 475
725	Minimum charge for all Storage $&6-cOO 91.00




















Issued: 12/15/22 Effective: 01/01/23
Increase Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			9th Revision Page 41-A Cancels 8th Rev Page 41-A
SECTION FIVE TERMINAL INSIDE STORAGE RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
746	Inside Storage	After free time (21 days) has elapsed for lumber/fencing
	Storage Rates and Charges	and plywood, charges for storage shall be applied as
	for Lumber/Fencing and	follows per ton (2,000 lb)/day or board feet/day.
	Plywood
		Lumber/Fencing
		(1,000 board feet Plywood
		Days gross measure) (short tons)
		1-30 2.43 1.76
		31-45 4.58 3.53
		46-60 6.91 4.-99 5.29
		61-75 9.15 7.27
		76-90 11.43 8.81
		91-105 -1-±-Be 13.74 9--:8-& 10.47
		106-120 -&.O& 15.99 -I-he± 12.32
		>121 -1--+.±7 18.31 14.09

Issued: 12/15/22		Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFN0.3			16th Revision Page 42 Cancels 15th Revision Page 42
SECTION FIVE: TERMINAL OTHERWISE NOTED			OUTSIDE	STORAGE	RATES AND CHARGES-PER	SHORT TON OR
ITEM	COMMODITY	SEE ITEM 701 FOR CALCULATION	A	B	C
760 •	Articles - General NOS (not otherwise shown) w/m		-hM 1.64	3.28	+-;@ 7.52
761 •	Aluminum		-1-±3- 1.30	Me 2.61	4.-99 5.29
			-hM		4.-66
			1.64	3.28	4.94
762 •	Automobiles/light trucks less than 10,000 lbs. each per day All others 10,000 lbs. plus each per day			6-±±-	-l-±:4-1-
			3.28	6.58	13.15
763	Containerized Cargo		Item 477 A
764	Homes Mobile/Modular per unit		Negotiated
765	Logs and Cants		Item 477
766 •	Lumber Fencing per 1,000 board feet		-1-±3- 1.30	Me 2.61	4.-99 5.29
767 •	Pipe, Steel, Iron, Pilings, Concrete Pipe/Piling, Slabs, Wire		-1-±3- 1.30	Me 2.61	4.-99 5.29
768 •	Plastic Pipe, per w/m		-1-±3- 1.30	Me 2.61	4.-99 5.29
799 •	Storage Rates Bulk NOS		-h4-l- 1.49	2.96	5.94






Issued: 12/15/22				Effective: 01/01/23
Increase		Issued by: Manatee County Port Authority

PORT MANATEE TARIFFNO.3			9th Revision Page 45 Cancels 8th Rev Page 45
SECTION FOUR RATES AND CHARGES
ITEM	SUBJECT	APPLICATION
900 Cont.	Crane Operations	b) When necessary, Logistec will require the assistance from Port Authority security in order to assist in moving the crane(s) to different areas of the port. Prior notice will be given to the port in order to have adequate personnel. III. Port Authority Furnished Cranes 3. Crane Rate Schedule Gottwald Mobile Harbor Crane(s) 6407* Includes operator Crane services for container operation during straight time hours Monday to Friday: $748.00 793.00 per hour. Crane services for container operation during overtime hours: $837.00 888.00* per hour. Crane services for breakbulk cargoes during straight time hours Monday to Friday: $605.00 641.00 per hour. Crane services for breakbulk cargoes during overtime hours: $697.00 739.00 per hour. Crane charges for crane mobilization prior to vessel arrival on south side of port property: 1-hour minimum charge. Crane charges for crane demobilization after completion of operations on south side of port property: 1-hour minimum charge. Crane charges for crane mobilization prior to vessel arrival on north side of port property: 2-hour minimum charge. Crane charges for crane demobilization after completion of operations on north side of port property: 2-hour minimum charge. In the event of mechanical failure on vessels or inclement weather, charges will continue to apply at the current rate at which the crane is subject to. NOTE: Minimum hire period for "small boats" is 2 hours. Small boat is defined as a vessel with maximum caoacity of five TEU's or less.
Issued: 12/15/22 Effective: 01/01/23
+ Increase Issued by: Manatee County Port Authority