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A meeting of the Manatee County Port Authority will be held on Thursday, February 15, 2018 at 9:00 a.m., or as soon thereafter as is practicable in the third floor meeting room of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder Road at Port Manatee. Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge may enter Port Manatee by the north or south gate by displaying photo identification, generally a drivers license. MANATEE COUNTY PORT AUTHORITY AGENDA February 15, 2018 The Manatee County Port Authority may take action on any matter during this meeting, including those items set forth within this agenda. The chairperson, at the option of the chairperson, may take business out of order if the chairperson determines that such a change in the agenda’s schedule will expedite the business of the Port Authority. CALL TO ORDER Invocation Tim Huppert, Anchor House Pledge of Allegiance Audience Introductions Public Comments 1. Presentation Dr. Charles Steilen 2. Presentation Capt. Allen Thompson 3. Consent Agenda 4. Executive Director Employment Agreement Executive Director Comments Public Comments Commissioner Comments According to Section 286.0105, Florida Statutes, any person desiring to appeal any decision made by the Port Authority with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based. Vanessa Baugh, Chairman Stephen R. Jonsson, 1 st Vice-Chairman; Betsy Benac, 2 nd Vice-Chairman; Robin DiSabatino 3 rd Vice-Chairman; Charles B. Smith, Member; Priscilla Whisenant-Trace, Member; Carol Whitmore, Member

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A meeting of the Manatee County Port Authority will be held on Thursday, February 15, 2018 at 9:00 a.m.,

or as soon thereafter as is practicable in the third floor meeting room of the Port Manatee Intermodal Center,

1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder

Road at Port Manatee.

Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge

may enter Port Manatee by the north or south gate by displaying photo identification, generally a

driver’s license.

MANATEE COUNTY PORT AUTHORITY AGENDA

February 15, 2018

The Manatee County Port Authority may take action on any matter during this meeting, including those items

set forth within this agenda. The chairperson, at the option of the chairperson, may take business out of order

if the chairperson determines that such a change in the agenda’s schedule will expedite the business of the Port

Authority.

CALL TO ORDER

Invocation – Tim Huppert, Anchor House

Pledge of Allegiance

Audience Introductions

Public Comments

1. Presentation – Dr. Charles Steilen

2. Presentation – Capt. Allen Thompson

3. Consent Agenda

4. Executive Director Employment Agreement

Executive Director Comments

Public Comments

Commissioner Comments According to Section 286.0105, Florida Statutes, any person desiring to appeal any decision made by the Port Authority with

respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure

that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be

based.

Vanessa Baugh, Chairman

Stephen R. Jonsson, 1st Vice-Chairman; Betsy Benac, 2nd Vice-Chairman;

Robin DiSabatino 3rd Vice-Chairman; Charles B. Smith, Member;

Priscilla Whisenant-Trace, Member; Carol Whitmore, Member

February 15, 2018

AGENDA ITEM 1.: PRESENTATION – DR. CHARLES STEILEN

BACKGROUND:

Dr. Charles Steilen serves as International Trade Consultant for

the Hong Kong Trade Development Council. Considered a reverse export strategy, the

objective is to assist Florida-based companies in finding market opportunities for their

products in China.

Dr. Steilen holds B.S., MB A and PH.D. degrees all with specialization in marketing. He

taught marketing/advertising at the University of Illinois and George State University and

marketing strategy in the graduate school of business at The Chinese University of Hong

Kong.

Dr. Steilen was the executive director of the university’s “Asia Pacific Institute of

Business” and served as consultant to several multinational corporations and local Hong

Kong businesses, including the Hong Kong Trade Development Council.

For five years he served as the marketing columnist for the South China Morning Post. In

2005-2008, he served as professor of international marketing and eventually as Dean,

College of Business Administration, at Hawaii Pacific University.

In 2008, Dr. Steilen returned to Hong Kong and conducted a variety of marketing/exporting

training programs throughout East Asia. Eventually returning to the U.S., he served for

three years as the columnist on Exporting for Manufacturing Today Magazine.

In 2016, he taught the exporting course at State College of Florida with the students

developing real-time export strategies for two local companies, Tervis Tumblers and TriCo

Construction materials.

He resides in Sarasota.

February 15, 2018

AGENDA ITEM 2.: PRESENTATION – CAPT. ALLEN THOMPSON

BACKGROUND:

Captain Allen L. Thompson Jr., U.S.C. G. (Ret.) is the Executive

Director of the Tampa Bay Pilots Association and serves as the first point of contact for

professional pilotage issues and handles the day-to-day activities of the Association. He

provides leadership and vision for planning, organizing and implementation of

administration and management functions relating to matters of interest to the Tampa Bay

ports, pilotage, safety and security and provides oversight for the association projects. As

Executive Director he develops and presents specific initiatives and policies to achieve the

effective, efficient and timely delivery of pilotage services within the Tampa Bay region.

Captain Thompson graduated from the U.S. Coast Guard Academy in New London, CT

in 1974 with a Bachelor of Science Degree in Economics and Management. He earned a

Master of Science Degree in Management from the Naval Postgraduate School at

Monterey, CA. Captain Thompson retired on June 30, 2004 with over 30 years of

military service. Prior to retirement, Captain Thompson was assigned as Chief, Marine

Safety, Security and Environment Protection Division for the Seventh Coast Guard

District in Miami, Florida where he supervised and supported the operations of six

Marine Safety Offices located in South Carolina, Georgia, Florida and Puerto Rico. He

also served as Co-Chair with the Environmental Protection Agency of Multi-Agency

Regional Response Teams (RRT) II and IV for the southeastern United States and the

Caribbean. Captain Thompson was the Coast Guard National Point of Contact for the

Cruise Lines’ Environmental Compliance Program.

Captain Thompson had command cadre assignments as Executive Officer of the Marine

Safety Office, Savannah, GA, Commanding Officer of the U.S. Coast Guard Marine

Safety Office in Memphis, TN, and during the September 11th

terrorist attacks,

Commanding Officer and Captain of the Port of U.S. Coast Guard Marine Safety Office

Tampa, Florida.

February 15, 2018

3. CONSENT AGENDA

A. Warrant List

B. Minutes December 21, 2017

January 23, 2018

C. Budget Resolution

D. Alpico International Lease Amendment #5

E. American Cement Lease Amendment Correction

F. Port Manatee Tariff No. 03 Corrections

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.

02/07/2018to12/14/2017Warrant Listing

Manatee County Port Authority

ABBOTT, PAUL SCOTTV019302XXXXXXX 768.75APABOLOX LLCV023547XXXXXXX 1,695.28APAMERICAN ASSOCIATION OF, THEV109817XXXXXXX 715.00APAMERICAN EXPRESS TRAVEL RELATEV023321XXXXXXX 17.60APAMERICAN EXPRESS TRAVEL RELATEV023321XXXXXXX 14.75APAPPICE, MATTHEWP000270XXXXXXX 24.93APAPPICE, MATTHEWP000270XXXXXXX 165.00APAPPICE, MATTHEWP000270XXXXXXX 360.83APAPPICE, MATTHEWP000270XXXXXXX 153.97APAPPICE, MATTHEWP000270XXXXXXX 58.14APAT AND TV118009XXXXXXX 63.52APAT AND TV118009XXXXXXX 63.52APAT AND T MOBILITYV013140XXXXXXX 45.15APAT AND T MOBILITYV013140XXXXXXX 45.31APAUTOZONEV019152XXXXXXX 168.88APAUTOZONEV019152XXXXXXX 372.17APBANK OF AMERICAV019189XXXXXXX 8,348.56WTBANK OF AMERICAV019189XXXXXXX 5,081.51WTBANK OF AMERICAV002730XXXXXXX 163.33APBENCHMARK ENVIROANALYTICAL INCV006691XXXXXXX 57.00APBOYS AND GIRLS CLUB MANATEE COV627878XXXXXXX 320.00APBRADENTON HERALD, THEV173024XXXXXXX 140.40APBRADENTON PROPANEV173061XXXXXXX 99.07APBRIGHT HOUSEV007624XXXXXXX 63.95APBRIGHT HOUSEV007624XXXXXXX 957.87APBRIGHT HOUSEV007624XXXXXXX 932.87APBUQUERAS, CARLOSP000278XXXXXXX 2,924.10APBUQUERAS, CARLOSP000278XXXXXXX 102.55APCHAMBER OF COMMERCE PUBLICATIOV021781XXXXXXX 1,495.00APCHOP SHOP INCV221904XXXXXXX 19.12APCOMMERCIAL FIRE AND COMMUNICATV006422XXXXXXX 250.50APCSX TRANSPORTATIONV200106XXXXXXX 12,291.27APCUMMINS POWER SOUTH LLCL011149XXXXXXX 16.99ZPCURLIN INCV010160XXXXXXX 228.00APDEX IMAGING INCV006291XXXXXXX 111.53APDEX IMAGING INCV006291XXXXXXX 330.00APDEX IMAGING INCV006291XXXXXXX 210.00APDIVISION OF RETIREMENT, FLORIDV334600XXXXXXX 200.00WTEDWARDS, MALCOLM RP000265XXXXXXX 102.00APENTECHV022096XXXXXXX 75.00APENTECHV022096XXXXXXX 1,076.50APENTECHV022096XXXXXXX 814.00APENTECHV022096XXXXXXX 814.00APERO INCV013397XXXXXXX 452.78APEXXONMOBIL CARD SERVICESV005147XXXXXXX 51.10APFASTENAL COMPANYV323190XXXXXXX 259.77AP

OH_Warrant_List_BCC_Vend 1

02/07/2018to12/14/2017Warrant Listing

Manatee County Port Authority

FASTENAL COMPANYV323190XXXXXXX 421.03APFEDERAL EXPRESS CORPORATIONV324212XXXXXXX 103.42APFEDERAL EXPRESS CORPORATIONV324212XXXXXXX 4.38APFEDERAL EXPRESS CORPORATIONV324212XXXXXXX 53.84APFLORIDA CUSTOM BROKERS ANDV335029XXXXXXX 425.00APFLORIDA CUSTOM BROKERS ANDV335029XXXXXXX 850.00APFLORIDA DEPT OF AGRICULTUREV335067XXXXXXX 600.00APFLORIDA MUNICIPAL INSURANCE TRV334298XXXXXXX 36,208.50APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 13,325.61APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 7,909.40APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 48,245.98APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 1,465.86APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 823.81APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 54,114.94APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 3,657.16APFLORIDA POWER AND LIGHT COMPANV019619XXXXXXX 9,343.39APFRONTIER COMMUNICATIONS OF FLOV021937XXXXXXX 2,314.83APFRONTIER COMMUNICATIONS OF FLOV021937XXXXXXX 2,203.84APFRONTIER COMMUNICATIONS OF FLOV021937XXXXXXX 112.76APFRONTIER LIGHTING INCL007982XXXXXXX 1,180.00ZPGENUINE AUTOMOTIVEV020807XXXXXXX 9.69APGENUINE AUTOMOTIVEV020807XXXXXXX 136.00APGRAHAM WHITE SALESV385107XXXXXXX 160.75APGRAVELY OF BRADENTONL387610XXXXXXX 272.18ZPHANCOCK BANKV020386XXXXXXX 37,146.95WTHANCOCK BANKV020386XXXXXXX 37,151.75WTHOME DEPOT COMMERCIAL ACCOUNT,V457001XXXXXXX 109.22APHOME DEPOT COMMERCIAL ACCOUNT,V457001XXXXXXX 99.75APHOME DEPOT COMMERCIAL ACCOUNT,V457001XXXXXXX 346.77APINTERISK CORPORATIONV896015XXXXXXX 112.50APISIMINGER, GEORGEP000094XXXXXXX 87.00APJH WILLIAMS OIL CO INCV000060XXXXXXX 2,144.86APJH WILLIAMS OIL CO INCV000060XXXXXXX 1,865.87APJH WILLIAMS OIL CO INCV000060XXXXXXX 1,395.42APJH WILLIAMS OIL CO INCV000060XXXXXXX 2,335.14APK AND L ELECTRONICS SALESV017562XXXXXXX 150.00APKEETONS OFFICE SUPPLY CO INCL507891XXXXXXX 778.45ZPKEETONS OFFICE SUPPLY CO INCL507891XXXXXXX 236.87ZPKEETONS OFFICE SUPPLY CO INCL507891XXXXXXX 172.95ZPKEETONS OFFICE SUPPLY CO INCL507891XXXXXXX 428.72ZPKEETONS OFFICE SUPPLY CO INCL507891XXXXXXX 113.32ZPLEWIS LONGMAN AND WALKER PAV000423XXXXXXX 4,301.00APLIGHT BULB DEPOT OF TAMPAV018272XXXXXXX 60.00APLIGHT BULB DEPOT OF TAMPAV018272XXXXXXX 94.80APLLS TAX SOLUTIONS INCV017757XXXXXXX 1,800.00APLOUIS PRYOR SUPPLY INCV022184XXXXXXX 126.44AP

OH_Warrant_List_BCC_Vend 2

02/07/2018to12/14/2017Warrant Listing

Manatee County Port Authority

LOWES HOME CENTER INCV004489XXXXXXX 323.34APLOWES HOME CENTER INCV004489XXXXXXX 390.82APLOWES HOME CENTER INCV004489XXXXXXX 197.39APLOWES HOME CENTER INCV004489XXXXXXX 207.29APLYNCH OIL COMPANY INCV023184XXXXXXX 384.24APMAINTENANCE TOO PAPER CO INCL625403XXXXXXX 406.44ZPMANASOTA BLACK CHAMBER OF COMMV023287XXXXXXX 500.00APMANATEE CHAMBER OF COMMERCEV627027XXXXXXX 825.00APMANATEE COUNTY PUBLIC WORKS DEV004140XXXXXXX 452.54APMANATEE COUNTY PUBLIC WORKS DEV004140XXXXXXX 6,279.46UTMANATEE COUNTY PUBLIC WORKS DEV004140XXXXXXX 6,860.91UTMANATEE COUNTY TAX COLLECTORV627024XXXXXXX 458.93APMANATEE SPORTS UNLIMITEDV000259XXXXXXX 3,731.24APMARK SUPPLY INCV013848XXXXXXX 74.85APMOBILE HOSE AND SPRAY SYSTEMSV006975XXXXXXX 111.00APMOWERS INCV017759XXXXXXX 81.00APNAPA AUTO PARTS GENUINE PARTSV005111XXXXXXX 331.25APNATIONAL ASSOCIATION OFV681611XXXXXXX 700.00APNEAL, SHEILAV682112XXXXXXX 442.22APNEW YORK AIR BRAKE CORPV001816XXXXXXX 210.00APNORTH RIVER FIRE DISTV696409XXXXXXX 900.00APNORTHSIDE AUTO PARTSV696537XXXXXXX 246.05APNORTHSIDE AUTO PARTSV696537XXXXXXX 11.74APNORTHSIDE AUTO PARTSV696537XXXXXXX 21.50APNORTHSIDE AUTO PARTSV696537XXXXXXX 481.07APNORTHSIDE AUTO PARTSV696537XXXXXXX 996.90APOFFICE DEPOT INCV701905XXXXXXX 213.09APORKIN PEST CONTROLV706455XXXXXXX 566.50APORKIN PEST CONTROLV706455XXXXXXX 721.50APP & T FILTER SALES INCV010854XXXXXXX 43.56APP & T FILTER SALES INCV010854XXXXXXX 255.00APPATS PUMP AND BLOWER INCV718028XXXXXXX 310.74APPCMG INCV018512XXXXXXX 57.85APPENTAGON PUBLISHING INCV022967XXXXXXX 590.00APPITNEY BOWES CREDIT CORPV736427XXXXXXX 141.00APPRINTWORKSV746898XXXXXXX 276.78APPUBLIX SUPER MARKETV748180XXXXXXX 725.07APPUBLIX SUPER MARKETV748180XXXXXXX 663.82APSANFORD, DAVIDP000289XXXXXXX 110.00APSANFORD, DAVIDP000289XXXXXXX 120.00APSANTOYO, ROXANAP000343XXXXXXX 106.80APSANTOYO, ROXANAP000343XXXXXXX 110.00APSEARS COMMERCIAL CREDITV826612XXXXXXX 219.99APSHINN AND COMPANY LLCV018040XXXXXXX 3,042.50APSHINN AND COMPANY LLCV018040XXXXXXX 175.00APSONITROLV018549XXXXXXX 577.05AP

OH_Warrant_List_BCC_Vend 3

02/07/2018to12/14/2017Warrant Listing

Manatee County Port Authority

SPOTLIGHT GRAPHICS INC.V866990XXXXXXX 130.00APST PIERRE, DAVID MP000213XXXXXXX 186.70APSTANTEC CONSULTING SERVICES INV018137XXXXXXX 5,226.30APSTANTEC CONSULTING SERVICES INV018137XXXXXXX 12,194.70APSTATE OF FLA DEPT OF REVENUEV874841XXXXXXX 9,693.44WTSTATE OF FLA DEPT OF REVENUEV874841XXXXXXX 12,110.47WTSTATE OF FLORIDAV875019XXXXXXX 774.77APSTATE OF FLORIDAV875019XXXXXXX 109.00APSTATE OF FLORIDAV875019XXXXXXX 789.25APSYNERGY NDS INCV023659XXXXXXX 6,397.81APTAMPA TRUCK CENTERV013981XXXXXXX 310.98APTERRY SUPPLY COMPANYV906395XXXXXXX 134.94APTROPHY AND SPORTS WORLDV923227XXXXXXX 30.00APTROPHY AND SPORTS WORLDV923227XXXXXXX 40.00APTROPIC SUPPLY INCV005547XXXXXXX 1,195.96APTWENTY FIRST CENTURY GROUP INCV004721XXXXXXX 5,000.00APUNITED REFRIGERATION INCV006904XXXXXXX 117.82APUNITED REFRIGERATION INCV006904XXXXXXX 95.55APUNITED REFRIGERATION INCV006904XXXXXXX 294.63APUNITED RENTALS NORTH AMERICA IV003712XXXXXXX 404.58APVERIZON WIRELESSV009667XXXXXXX 1,046.99APVERIZON WIRELESSV009667XXXXXXX 2,383.06APWARE, MYLAKAP000241XXXXXXX 85.50APWEBTIVITY MARKETING AND DESIGNV021915XXXXXXX 130.00APWEBTIVITY MARKETING AND DESIGNV021915XXXXXXX 65.00APWEST FLORIDA SUPPLY COV961411XXXXXXX 107.54APZERIS, JEANINEP000185XXXXXXX 202.44AP

Total warrants for period reported 411,630.58

OH_Warrant_List_BCC_Vend 4

PA MB 2017/36

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR 1905 Intermodal Circle

Palmetto, Florida December 21, 2017

Present were:

Vanessa Baugh, Chairman Stephen R. Jonsson, First Vice-Chairman Betsy Benac, Second Vice-Chairman Priscilla Whisenant Trace Charles B. Smith Carol Whitmore

Absent was: Robin DiSabatino, Third Vice-Chairman (out of town)

Also present were:

Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney Dan Wolfson, Finance Director, Clerk of the Circuit Court Abby Lindecamp, Accountant III, Clerk of Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

Chairman Baugh called the meeting to order at 10:05 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Tim Huppert, Anchor House Chaplin, followed by the Pledge of Allegiance.

PARAMEDIC – JESSIE STEIN

A moment of silence was observed for Jessie Stein, a 24-year old Manatee County paramedic, who passed away.

AGENDA PA20171221DOC001

1. INTRODUCTIONS

Members of the Audience introduced themselves. PUBLIC COMMENT

There being no public comment, Chairman Baugh closed public comment. 1. PRESENTATION/G2 OCEAN & ARROW TERMINALS, INC.

Chris Sheils, Senior Chartering Manager for G2 Ocean (G2O) and Director of Arrow Terminals, Inc., utilized a slide presentation to discuss the joint venture between Gearbulk and Grieg-Star, commencing operations as G2O on May 1, 2017, G2 Ocean at a glance regarding global exposure, main corporate headquarters, corporate social responsibility, open hatch division, cargo mix, bale pulp, fluff pulp, kraft liner board, aluminum, steel coils and pipes, specialized equipment, steel plates, bag goods, granite, wind turbine blades, trade areas, conventional bulk division, and recent volume progression into Port Manatee.

Discussion ensued regarding sufficient crane size at Port Manatee to accommodate

DECEMBER 21, 2017 (Continued)

PA MB 2017/37

loads, vessels have their own cranes, how much growth to Port Manatee as compared to other ports, can continued growth be expected, the company Global Prime has remained committed to G2 Ocean’s volume strategy, Port Manatee is very cross competitive, and the Gearbulk/Grieg-Star merger has proven successful. PA20171221DOC002

2. CONSENT AGENDA PA20171221DOC003

A motion was made by Member Jonsson, seconded by Member Trace and carried 6-0, with Member DiSabatino absent, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda. A. WARRANT LIST

Accepted the Warrant Listing, from 11/8/17 to 12/13/17, as presented by the Clerk of the Circuit Court PA20171221DOC004

B. MINUTES Approved the Minutes of November 14, 2017

C. BUDGET RESOLUTION Adopted Budget Resolution PA-18-02 PA20171221DOC005

D. LEASE Approved and authorized execution on behalf of the Port Authority, of the U.S. Government Lease for Real Property No. HSCG82-18-1-0012, between the Manatee County Port Authority and the United States of America, for two sites upon which two range light towers are positioned as Port Manatee Aids to Navigation PA2017121DOC006

(End Consent Agenda)

3. ARROW TERMINALS CARGO AND FREIGHT VOLUME AGREEMENT AMENDMENT TWO

Carlos Buqueras, Executive Director, stated the Authority approved a two-year Cargo and Freight Volume Agreement with Arrow Terminals, Inc., (12/17/15), an importer of various forestry and aluminum products. Amendment One was approved (4/21/16), with various rate changes. Approval is now requested for Amendment Two, which extends the agreement for one year to December 21, 2018, and provides four, one-year renewals. The rates on the guaranteed short tons of 100,000 are also increased.

There being no public comment, Chairman Baugh closed public comment. A motion was made by Member Trace and seconded by Member Benac, and carried 6-0, with Member DiSabatino absent, to approve and authorize on behalf of the Port Authority, the execution of the Port Manatee Cargo and Freight Volume Agreement Amendment Two between the Manatee County Port Authority and Arrow Terminals, Inc., (with an effective date of 1/1/18). PA20171221DOC007

4. PORT MANATEE TARIFF NO. 3

Carlos Buqueras, Executive Director, presented and requested approval of Port Manatee Tariff No. 3, additions, changes and/or increases, effective January 1, 2018. The rate increases averaging four percent across-the-board.

Discussion occurred regarding Port Manatee remaining competitive and keeping customers apprised of the opportunities available, and negotiations will remain ongoing. There being no public comment, Chairman Baugh closed public comment.

DECEMBER 21, 2017 (Continued)

PA MB 2017/38

A motion was made by Member Trace, seconded by Member Benac, and carried 6-0, with Member DiSabatino absent, to approve Port Manatee Tariff No. 3 additions, changes and/or increases, effective January 1, 2018. PA20171221DOC008

5. 2018 PORT AUTHORITY OFFICERS

A motion was made by Member Benac, seconded by Member Trace, and carried 6-0, with Member DiSabatino absent, to approve, ratify and confirm the election of Vanessa Baugh as Chairman, Stephen R. Jonsson as First Vice-Chairman, Betsy Benac as Second Vice-Chairman, and Robin DiSabatino as Third Vice-Chairman of the Port Authority, effective 12:01 a.m., January 1, 2018, to serve for the calendar year 2018, or until their successors are duly elected. PA20171221DOC009

6. EXECUTIVE DIRECTOR EVALUATION DISCUSSION

Jennifer R. Cowan, Port Authority Attorney, stated the Authority approved the First Amendment to Employment Agreement of Carlos Buqueras, Executive Director (11/14/17), removing the requirement for the annual performance evaluation to be presented at the next regular meeting following October 31st, and removing the language specifying that the Director may be granted a merit salary increase. The First Amendment still provides for annual evaluations of the Director and to the extent the Authority approves a general salary increase in any given budget year for Port employees, the Director shall receive the same. Following discussion at the November meeting, it was decided that the Authority’s legal counsel would provide a short-form evaluation sheet to Authority members, and the written comments could be discussed at this meeting. Mr. Buqueras was evaluated on eight categories on the short-form evaluation sheet: business development, relationship with the Authority, financial management and regulatory compliance, public image and community relations, strategic planning and goals, leadership, job and industry knowledge, and judgment decision making. He scored outstanding in every category, with a unanimous outstanding rating leadership and in relationship with the Authority.

Discussion occurred as to different expressions of gratitude to Mr. Buqueras for job performance, Florida Statute does not permit bonuses, legal staff to research the revenue and expenditures of others Ports of the same size over a several-year period as well as a comparison of Ports that own property, Mr. Buqueras’ contract expires May 2018, Chairman Baugh was appointed in the last meeting (11/14/17) to negotiate a contract renewal with Mr. Buqueras, retaining good leadership, need to conduct a comparison of the salaries of other Port Directors, remain competitive and, obtain an initial report for the March 2018 meeting. PA20171221DOC010

EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, complimented Port staff for helping him be a successful Director. He utilized a slide presentation regarding strengthening ties with Mexico, and World Direct Shipping specializes in direct service between Port of Tuxpan and Coatzacoalcos, Mexico.

Matthew Appice, Director of International Sales, commented about a Produce Marketing Association Fresh Summit (10/19-21/17) and Break Bulk Conference (10/17-19/17). Mr. Buqueras continued with the slide presentation, displaying the Port Manatee Mission Statement (adopted 6/19/96), and stated the word “hub” has been added to strengthen the identity of trade-related activity, the Trade Hub brings International Exposure to Manatee

DECEMBER 21, 2017 (Continued)

PA MB 2017/39

County, opportunities to represent Port Manatee to international consulates, and directions to the Cruise Terminal. PA20171221DOC011

PUBLIC COMMENT

Carl Blodgett, Federal Marine Terminals, spoke in support of Port Manatee but expressed concern with the deterioration of Port roads and the need for infrastructure improvements.

Tim Hupert, Port Chaplain, spoke of the efforts and work performed by seafarers. There being no further public comment, Chairman Baugh closed public comment. Mr. Buqueras stated the Port’s Capital Improvement Plan for roads is ongoing, and that funds are allocated to tend to roads over the next several years.

PORT AUTHORITY COMMENTS

Member Whitmore wished everyone a Merry Christmas. Member Smith wished everyone a Merry Christmas and requested a prayer blessing over the Christmas luncheon. Member Benac • Thanked Mr. Blodgett for his concerns • Stated that one of the issues the County faced after Hurricane Irma was fuel shortages,

concern of adequate fuel capacity and storage, accessibility to storage areas, making sure the Port is planning for fuel capacity for the County, and, whether storage is provided at the Port and/or additional storage throughout the State.

Brief discussion occurred regarding fuel storage areas throughout the County, and to schedule a work session in the upcoming year to discuss the County’s fuel needs.

ADJOURN There being no further business, Chairman Baugh adjourned the meeting at 11:10 a.m. Minutes Approved:

PA MB 2018/1

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

COUNTY ADMINISTRATIVE CENTER 1112 Manatee Avenue West

Bradenton, Florida January 23, 2018

Present were:

Vanessa Baugh, Chairman Stephen R. Jonsson, First Vice-Chairman Betsy Benac, Second Vice-Chairman Robin DiSabatino, Third Vice-Chairman Charles B. Smith Carol Whitmore Priscilla Whisenant Trace

Also present were:

Carlos Buqueras, Executive Director Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court

Chairman Baugh called the meeting to order at 10:31 a.m. AGENDA PA20180123DOC001

1. BED LEVELING CONTRACT APPROVAL

Carlos Buqueras, Executive Director, stated this item relates to dredging certain berthing areas in the inner basin at the Port. The bed leveling operation will achieve taking the project dredging depth closer to the sea wall to have an alignment between the Federal portion and the Port’s portion. Project funding is requested in Item 2 (Budget Resolution PA-18-03). Discussion ensued as to whether there are sufficient funding mechanisms in place. A motion was made by Member Whitmore and seconded by Member DiSabatino, to approve and authorize execution on behalf of the Port Authority of the Contract for the Bed Leveling Project between the Manatee County Port Authority and Infrastructure and Industrial Constructors Southeast in the amount of $122,211, subject to the review and approval of Florida Department of Transportation (FDOT). There being no public comment, Chairman Baugh closed public comment. The motion carried 7-0. PA20180123DOC002

2. BUDGET RESOLUTION

Carlos Buqueras, Executive Director, stated Budget Resolution PA-18-03 budgets for the Bed Leveling Project (Item 1) in the amount of $122,211, to dredge to the fender line in preparation for maintenance dredging of the Port basin (FDOT - 75 percent, $91,658; Port’s Portion – 25 percent, $30,553). A motion was made by Member Disabatino and seconded by Member Trace, to adopt Budget Resolution PA-18-03. Discussion was held as to why the Port is borrowing the money rather than paying the bill,

JANUARY 23, 2018 (Continued)

PA MB 2015/2

drawing down the loan, the interest rate is very low, and show some movement in the loans. There being no public comment, Chairman Baugh closed public comment. The motion carried 7-0. PA20180123DOC003

Discussion occurred regarding Port acquisition of County surplus vehicles on the County Commission Agenda (Item 39), and the Port regularly reviews the County surplus list.

ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 10:38 a.m. Minutes Approved:

February 15, 2018

CONSENT

AGENDA ITEM 3.C.: BUDGET RESOLUTION

BACKGROUND:

This resolution budgets $49,075 for county vehicles and equipment authorized as surplus and to sell

to Port Manatee at the January 23, 2018 Board of County Commission regular meeting.

ATTACHMENT:

Budget Resolution PA-18-04.

COST AND FUNDING SOURCE:

Port cash of $49,075

CONSEQUENCES IF DEFERRED:

Delay in budget allocations

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to adopt Budget Resolution PA-18-04.

RESOLUTION PA-18-04

AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY

FOR FISCAL YEAR 2017-2018

WHEREAS, Florida Statutes 129.06, authorizes the Manatee County Port Authority to amend

its budget for the current fiscal year as follows:

a) 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.

b) 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.

c) 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 2017-2018 budget is hereby amended in accordance with Section 129.06, Florida

Statutes as described on the attached summary and specified in the budget adjustment

batch files which are listed below:

Item No. Batch ID No. Reference No.

1 BADS209A BU18000169

ADOPTED with a quorum present and voting this the 15th day of February, 2018.

ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY CLERK OF CIRCUIT COURT

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-18-04

AGENDA DATE: February 15, 2018

1) Fund: Port

Section: Maintenance

Description: Budgets the transfer of $49,075 from Port to County Fleet for the

purchase of surplus county vehicles and equipment.

Batch ID: BADS209A Reference: BU18000169

February 15, 2018

CONSENT

AGENDA ITEM 3.D.: ALPICO INTERNATIONAL LEASE AMENDMENT #5

BACKGROUND:

In December 2013, the Port Authority approved a lease for office space to Alpico International

(Alpico) which was extended through December 31, 2017. Alpico desires to extend its lease for

another one-year period effective January 1, 2018 – December 31, 2018 which includes a 4%

increase in the lease rate.

ATTACHMENT:

Port Manatee Lease Amendment #5

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 #5

between Manatee County Port Authority and Alpico International.

February 15, 2018

CONSENT

AGENDA ITEM 3.E.: AMERICAN CEMENT LEASE AMENDMENT

CORRECTION

BACKGROUND:

On August 18, 2016, the Port Authority approved the Port Manatee Lease Rent

Modification Agreement between the Manatee County Port Authority and American

Cement Company LLC increasing the rental payment 25%. The increase has been properly

invoiced; however, due to a scrivener’s error, the Agreement contains an error in the

monthly rent. The rate has been corrected for the record.

ATTACHMENT:

Port Manatee Lease Rent Modification Agreement

COST AND FUNDING SOURCE:

N/A

CONSEQUENCES IF DEFERRED:

Delay in correction of lease rate

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute Port Manatee Lease Rent

Modification Agreement between the Manatee County Port Authority and American

Cement Company LLC, correcting the monthly lease.

February 15, 2018

CONSENT

AGENDA ITEM 3.F.: PORT MANATEE TARIFF NO. 3 CORRECTION

BACKGROUND:

On December 21, 2017, the Port Authority approved several 4% tariff increases to the Port

Manatee Tariff No. 3. Tariff Items 761 and 766-768 were entered as $2.19 instead of $2.13 for

outside storage rates of certain commodities. This item makes the correction to reflect a 4%

increase for said items.

ATTACHMENT:

Port Manatee Tariff No. 3, Page 42.

COST AND FUNDING SOURCE:

N/A.

CONSEQUENCES IF DEFERRED:

Incorrect published rates for outside storage.

LEGAL COUNSEL REVIEW: N/A

RECOMMENDATION:

Move to approve the correction in Port Manatee Tariff No. 3, Items 761, 766, 767 and 768.

PORT MANATEE

TARIFF NO. 3

11th Revision Page 42

Cancels 10th Revision Page 42

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

OTHERWISE NOTED

ITEM COMMODITY SEE ITEM 701 FOR CALCULATION A B C

760

Articles - General NOS (not otherwise shown) w/m 1.34 2.68 6.14

761

، Aluminum 1.07

2.19

2.13 4.33

762

Automobiles/light trucks less than 10,000 lbs. each per

day

All others 10,000 lbs. plus each per day

1.34

2.68

2.68

5.38

4.04

10.76

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 1.07

2.19

2.13 4.33

767

،

Pipe, Steel, Iron, Pilings, Concrete Pipe/Piling, Slabs,

Wire 1.07

2.19

2.13 4.33

768

، Plastic Pipe, per w/m 1.07

2.19

2.13 4.33

799

Storage Rates Bulk NOS

1.23

2.41

4.86

Issued: 02/15/18 Effective: 01/01/18

، Decrease/Correction Issued by: Manatee County Port Authority

00940577-1

February 15, 2018

AGENDA ITEM 4.: EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT

BACKGROUND:

The Authority entered into an Employment Agreement with Mr. Carlos Buqueras in May 2015, as

subsequently amended on November 14, 2017, by the First Amendment to Employment

Agreement. In December 2017, the Authority authorized Chairman Baugh to engage in

negotiations of the Port Director’s employment contract and to bring the proposed contract back

before the Port Authority for approval. Chairman Baugh and Mr. Buqueras reached agreement on

a draft employment contract. The effective date of the Employment Agreement shall be May 1,

2018, and continue in effect for five years through April 30, 2023. The draft employment

agreement includes a base salary of $223,517, maximum funding under Section 457 of the Internal

Revenue Code in a deferred compensation program, and 120 hours credited annually to the

compensatory leave balance.

ATTACHMENT:

Employment Agreement.

COST AND FUNDING SOURCE:

To be paid from Port cash reserves.

CONSEQUENCES IF DEFERRED:

Delay in extending Employment Agreement of Mr. Carlos Buqueras.

LEGAL COUNSEL REVIEW: Yes

RECOMMENDATION:

Move to approve and authorize the Chairman to execute the Employment Agreement between the

Manatee County Port Authority and Mr. Carlos Buqueras for the term of May 1, 2018 through

April 30, 2023, which shall supersede the previous Employment Agreement, and any amendments,

to be the sole agreement between the parties.

00936815-2

EMPLOYMENT AGREEMENT

THIS AGREEMENT is entered into by and between the MANATEE COUNTY PORT

AUTHORITY, a political entity of the State of Florida, as the Employer, with a principal place of

business located at Port Manatee, 300 Tampa Bay Way, Suite 1, Palmetto, Florida 34221,

hereinafter referred to as the “AUTHORITY”, and CARLOS BUQUERAS, as the Director,

WHEREAS, the AUTHORITY is the owner and operator of public seaport facilities in

Manatee County, Florida, known as “Port Manatee”; and

WHEREAS, the AUTHORITY determined that to be competitive with other deep water

seaports, the AUTHORITY needed to retain an Executive Director to perform the day to day

administration and management of Port Manatee; and

WHEREAS, the Executive Director’s administrative and management duties include

certain enumerated functions as described in Exhibit 1 attached hereto; and

WHEREAS, the Executive Director functions as the AUTHORITY’s Chief Executive

Officer and supervises all other AUTHORITY employees identified in the organizational chart

attached hereto as Exhibit 2; and

WHEREAS, the Executive Director must inform the AUTHORITY members of all

relevant matters relating to Port Manatee’s administration, management and operations and report

to the AUTHORITY members on a regular basis; and

WHEREAS, in 2011, after an exhaustive search, the AUTHORITY determined that

CARLOS BUQUERAS possessed the skills, abilities, knowledge and experience to serve as the

Manatee County Port Authority’s Executive Director (hereinafter referred to as the

“DIRECTOR”); and

WHEREAS, the AUTHORITY entered into an Employment Agreement in November

2011, as subsequently amended on December 15, 2011 by the First Amendment to Employment

Agreement, and on December 18, 2014 by the Second Amendment to Employment Agreement

with Carlos Buqueras that memorialized the DIRECTOR’S duties and responsibilities and: 1)

provided certain benefits to, established certain conditions of employment for and set working

conditions of the DIRECTOR, 2) provided inducements that secured and retained the services of

the DIRECTOR, 3) assured the DIRECTOR’S morale and peace of mind with respect to future

00936815-2 2

security, and 4) provided a just means for terminating the DIRECTOR’S services (hereinafter,

“First Employment Agreement”); and

WHEREAS, the parties desired to extend the contractual relationship and entered into a

second Employment Agreement in May, 2015 as was subsequently amended on November 14,

2017 by the First Amendment to Employment Agreement with Carlos Buqueras (hereinafter the

“Second Employment Agreement”); and

WHEREAS, the AUTHORITY acknowledges the DIRECTOR'S significant work and

contribution to the management of Port Manatee and desires to continue to secure the professional

services of the DIRECTOR for an additional five (5) year term; and

WHEREAS, it is the desire of CARLOS BUQUERAS to accept continued employment as

the DIRECTOR pursuant to the contractual terms provided for herein; and

WHEREAS, the First Employment Agreement and the Second Employment Agreement of

Carlos Buqueras are of no further force and effect, and that upon the effective date hereof, this

Agreement shall supersede those agreements, and be the sole agreement between the Parties.

NOW THEREFORE, in consideration of the promises and mutual covenants herein

contained, the Parties hereto agree to the following terms and conditions:

SECTION I – TERMS OF SERVICE/RENEWAL/SEPARATION/SEVERANCE

A. Recitals: The above recitals and exhibits are true and correct and are incorporated herein

by reference.

B. Effective Date of Employment and Term: This Agreement, and the DIRECTOR’S

employment, shall become effective on May 1, 2018, and continue in effect for five (5)

years, until April 30, 2023, or until extended by the Parties or terminated by either Party as

outlined herein.

C. Termination: This Agreement shall expire by its own terms or upon the office of the

DIRECTOR becoming vacant. Additionally, the Agreement may be terminated by the

DIRECTOR or by the AUTHORITY in the following ways:

1. Termination by the AUTHORITY

a. The AUTHORITY may terminate the DIRECTOR for cause at a duly-

noticed public meeting. Cause is defined as follows: The DIRECTOR has

been convicted or adjudged guilty of, or plead no contest to, any felony or

a serious misdemeanor involving the moral turpitude of the DIRECTOR or,

the DIRECTOR files to run for, or is elected or appointed to a Florida public

00936815-2 3

office, except for any public office associated with the DIRECTOR position

(such as any that may arise with Florida Ports Council and FSTED) or the

DIRECTOR is found to have committed gross mismanagement,

malfeasance, misfeasance, gross waste of public funds, or gross neglect of

duty, as those terms are defined by Florida law, or the DIRECTOR fails or

refuses to comply with any direct lawful instruction given by the

AUTHORITY, or the DIRECTOR becomes legally unable to hold the

position, or the DIRECTOR has been found to have committed misconduct

as defined in Florida Statutes § 443.036(30). Such termination shall be by

an affirmative vote of four (4) members of the AUTHORITY. The

DIRECTOR shall not be entitled to severance pay if the DIRECTOR is

terminated for cause as defined herein.

b. The AUTHORITY may terminate the DIRECTOR without cause

conditioned upon the following:

1) An affirmative vote of four (4) members of the AUTHORITY at a

duly-noticed public meeting.

2) If the AUTHORITY elects to terminate the DIRECTOR for any

reason other than cause, the AUTHORITY shall pay to the

DIRECTOR as severance pay and in full satisfaction of the

AUTHORITY’S obligations hereunder, a lump sum equivalent to

his salary and benefits for a period not greater than twenty (20)

weeks as provided by Florida Statutes § 215.425(4). “Severance

pay,” as used herein, shall mean the actual or constructive

compensation, including salary and benefits as defined by Florida

Statutes § 215.425(4). The AUTHORITY shall make the lump sum

payment within ten (10) business days after the effective date of

termination.

2. Resignation by the DIRECTOR. If the DIRECTOR desires to resign during the

term of this Agreement, he shall provide at least 90 days written notice to the

AUTHORITY. If the DIRECTOR resigns prior to the expiration of the Agreement

or any extension thereof, he shall receive payment under the Agreement for the

balance of his salary for the actual days he has performed his duties as the

DIRECTOR and not for the remainder of his Agreement terms. If the DIRECTOR

resigns, he shall not be eligible for any of the severance pay described in Section I

(C)(1)(b).

3. Termination by mutual agreement. This Agreement may be terminated by mutual

agreement of the DIRECTOR and the AUTHORITY in writing upon such terms

and conditions as may be mutually beneficial.

4. In all instances, the DIRECTOR shall be entitled to all accrued benefits provided

for in Section III to the extent any other AUTHORITY employee would be

similarly entitled.

00936815-2 4

D. Extension: The DIRECTOR and the AUTHORITY may agree at any time to renew the

DIRECTOR’S employment for additional years beyond the original termination date, such

renewal shall be evidenced by a written Amendment to this Agreement.

SECTION II – COMPENSATION

A. Base Salary and Annual Review:

1. The DIRECTOR shall be paid an initial base annual salary of $223,523.44 per year,

commencing on the effective date of this Agreement, payable in installments at the

same time and in the same manner as applicable to regular full time employees of

the AUTHORITY.

2. Beginning in fiscal year 2018/2019, the AUTHORITY will annually evaluate the

DIRECTOR’S performance of his duties and responsibilities including all

performance, measures, goals, objectives established between the AUTHORITY

and the DIRECTOR. The DIRECTOR’S evaluation will be conducted annually by

the AUTHORITY at a time not later than October of each year. No salary increase

is guaranteed. To the extent the AUTHORITY approves a general salary increase

in any given budget year, the DIRECTOR’S base annual salary will increase at the

same time and the same percentage rate as other Port Manatee employees. The

DIRECTOR is not eligible for any bonus or salary increase not provided herein,

unless expressly approved by the AUTHORITY.

B. Automobile: The DIRECTOR shall receive an automobile allowance of $450.00 per

month toward expenses incurred for use of a personal vehicle for AUTHORITY business.

However, nothing herein precludes the DIRECTOR from use of an AUTHORITY vehicle

for work-related travel in appropriate circumstances.

C. Professional Dues, Travel and Job-Related Expenses:

1. The AUTHORITY shall pay reasonable professional dues and subscriptions of the

DIRECTOR that are necessary for his participation in national, regional, state and

local associations and organizations necessary and desirable for his continued

professional participation, growth and advancement.

2. The AUTHORITY shall pay travel and per diem expenses of the DIRECTOR

while on AUTHORITY business or while attending functions as a representative

of, or on behalf of, the AUTHORITY in accordance with the schedule appearing in

Florida Statutes § 112.061, or as otherwise provided by law.

3. The AUTHORITY shall pay applicable travel and per diem expenses of the

DIRECTOR pursuant to Florida Statutes Florida Statutes § 112.061, for short

00936815-2 5

courses, institutes and seminars that are necessary for DIRECTOR’S professional

development and for the benefit of the AUTHORITY.

SECTION III – BENEFITS

A. Life Insurance: In addition to such life insurance benefits otherwise available to other

employees of the AUTHORITY, the AUTHORITY shall provide term life insurance equal

to the DIRECTOR’S annual salary for the duration of this Agreement. The AUTHORITY

shall make available to the DIRECTOR additional life insurance coverage for the

DIRECTOR’s purchase in an amount not to exceed four (4) times the DIRECTOR’S

salary.

B. Health Care Insurance: The AUTHORITY shall make available medical and dental care

coverage to the DIRECTOR and relevant dependents on the same basis as regular full time

employees of the AUTHORITY.

C. Disability Insurance: The AUTHORITY shall make available under its benefits plan,

disability insurance coverage equal to 50% of the DIRECTOR’S salary, and make available

to the DIRECTOR the ability to purchase additional disability coverage equaling 16% of

the DIRECTOR’S salary. In the event the AUTHORITY increases disability coverage for

other AUTHORITY employees, the DIRECTOR’S coverage shall also increase.

D. Annual Leave: The AUTHORITY shall provide annual leave credits to the DIRECTOR

on the same basis as other regular full time employees of the AUTHORITY. Unused,

accumulated annual leave credits shall be payable on the same basis as other full time

employees of the AUTHORITY except as otherwise provided herein. Annual leave in

excess of 500 hours shall be transferred to the DIRECTOR’S sick leave account on an hour

for hour basis. The DIRECTOR may cash in eighty (80) hours of accrued annual leave

during a calendar year. Payments shall not be made for less than forty (40) hours or for

more than eighty (80) hours. The DIRECTOR can receive no more than two (2) payments

for accrued annual leave during the calendar year.

E. Sick Leave: The AUTHORITY shall provide sick leave credits to DIRECTOR on the same

basis as other regular full time employees of the AUTHORITY. Unused sick leave credits

shall be payable on the same basis as other full time employees of the AUTHORITY. The

DIRECTOR is deemed to be a “key employee” of the AUTHORITY for purposes of

administration of FMLA leave policy.

F. Deferred Compensation: As of the effective date of this Agreement and as an additional

benefit and incentive to retain the services of the DIRECTOR, the AUTHORITY shall fund

00936815-2 6

in a deferred compensation program or programs designated by the DIRECTOR the

maximum annual contribution allowed under Section 457 of the Internal Revenue

Code. This sum shall be payable annually in 26 pro rata installments.

G. Other: The AUTHORITY agrees to make available to the DIRECTOR such other benefits

as they now exist, and may be amended from time to time, which are provided for other

full time employees of the AUTHORITY. These benefits will include, but not be limited

to, contributions to the Florida Retirement System (“FRS”) in the Senior Management

Class at a rate of 2%, as that class may be defined by FRS from time to time.

H. Compensatory Leave: On the effective date and on each anniversary date hereafter, the

AUTHORITY shall credit to the DIRECTOR’S beginning compensatory leave balance

compensatory leave credits in the amount of 120 hours for emergency or unexpected work

required of the DIRECTOR in excess of the normal work hours. There shall be no

limitation placed on the amount of compensatory leave that may be carried over from one

years to the next. Upon termination of agreement, payment will be made to the

DIRECTOR for a maximum of two hundred (200) hours of unused compensatory leave.

SECTION IV – OUTSIDE EMPLOYMENT

The DIRECTOR agrees to devote his full working time to the performance of his

duties and responsibilities, and agrees not to engage in other employment or any

contractual relationships for personal services during the period of his employment with

the AUTHORITY.

SECTION V – OTHER TERMS AND CONDITIONS OF EMPLOYMENT

The AUTHORITY, in consultation with the DIRECTOR, shall fix any such other

terms and conditions of employment as it may determine from time to time relating to the

performance of the DIRECTOR, provided such terms and conditions are not inconsistent

with, or in conflict with, the provisions of this Agreement or other applicable law.

Notwithstanding the foregoing, the AUTHORITY’S Personnel Policy and Procedures

Manual, as amended from time to time, shall apply to the DIRECTOR to the extent not in

conflict with this Agreement or general law.

SECTION VI – GENERAL PROVISIONS

00936815-2 7

A. The text herein, including any exhibits incorporated by reference, shall constitute the entire

Agreement between the Parties, except as it may be amended from time to time, and all

such amendments must be in writing and signed by the Parties. This Agreement supersedes

any prior agreement, written or oral, between the Parties.

B. The anniversary date of this Agreement will be the same as the effective date of this

Agreement. If any provision or portion of this Agreement is held to be unconstitutional,

invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be

deemed to be severable, and shall remain in full force and effect, to the extent authorized

by Florida law.

C. The Parties agree that this Agreement has been entered into for their sole and exclusive

benefit and by so doing do not intend to benefit any third party.

D. This Agreement shall be governed by applicable Florida law.

IN WITNESS WHEREOF, the Manatee County Port Authority has caused this

Employment Agreement to be signed and executed on its behalf by its Chairman, and fully attested

by its Clerk, and CARLOS BUQUERAS has executed this Employment Agreement, in duplicate

on the day and year indicated below.

MANATEE COUNTY PORT

AUTHORITY COMMISSIONERS

ATTEST:

ANGELINA M. COLONNESO

By:

VANESSA BAUGH

CHAIRMAN

Date:

By:

Clerk of Circuit Court

By:

CARLOS BUQUERAS

Date:

STATE OF FLORIDA,

00936815-2 8

AUTHORITY OF MANATEE:

The foregoing instrument was acknowledged before me, a Florida Notary Public, this

day of , 2018, by CARLOS BUQUERAS, who is personally known to me

or who has produced as identification and who did take an

oath at the time of notarization.

Seal:

Signature:

Printed:

My commission expires:

Commission number: