May 23, 2019 Meeting of the Board of Directors
Meeting of the Board of Directors Agenda
Agenda One Government Center, 12th Floor Thursday, May 23, 2019, at 8 a.m.
Page No.
I. Call to Order
II. Roll Call
III. Public Comment Period
IV. Report and Communications from the Chair: John Szuch
A. Presentation from Carla Firestone-Nowak, Destination Toledo President and CEO
B. Presentation from Dr. Steve Robinson, Owens Community College President
V. Report of the President and CEO: Paul L. Toth, Jr.
A. Report Regarding Acquisition of Goods, Equipment, Materiel, and Services 4-6 for Quarter Ending March 31, 2019
VI. Consent Agenda
A. Consider Approval of Previous Meeting Minutes: March 28, 2019 7-13
B. Consider Approval of Expenditures through April 30, 2019 14-25
C. Consider Lease Agreement with Regional Growth Partnership at Two 26-28 Maritime Plaza
D. Consider Second Amendment to Lease Agreement with Maumee Air 29-30 Associates at Toledo Express Airport
E. Consider Building Repairs to Warehouse Facility at Dr. Martin Luther King, 31-32 Jr. Plaza
a. Exhibit A 33
F. Consider Contract for Parking Structure Restoration at One Government 34-36 Center
a. Exhibit B 37
G. Consider One Government Center Lighting Project Tariff Increase 38-39
H. Financing Program Dashboard 40
2 May 23, 2019 Meeting of the Board of Directors Agenda
I. BetterBuildings Northwest Ohio Dashboard 41
J. Northwest Ohio Bond Fund Trustee Report 42
K. Toledo Express Airport Statistics 43
L. Seaport Statistics 44
M. Diversified Contractors Accelerator Program Report 45-46
VII. Recommendations and Reports from Standing Committees
A. Finance & Development Committee: Nadeem S. Salem, chair
1. Consider Issuance of Bonds for Warehouse Building in Express 47-58 Industrial Park at Toledo Express Airport
a. Exhibit C 59
2. Consider Project Contingency for Waterline and Foreign Trade Zone 60-61 Buildings
B. Planning & Operations Committee: William J. Carroll, chair
1. Consider Aviation General Consultant Contract for Airport-related 62-64 Development Projects
2. Consider Contract to Construct Taxilane at Toledo Executive Airport 65-68
a. Exhibit D 69
3. Consider Contract to Construct T-Hangar at Toledo Executive Airport 70-71
a. Exhibit E 72
Government, Community & Human Relations Committee: James C. M. Tuschman, chair
1. Consider Community Economic Development Initiative Grant Request 73-74 for Mareda Center
a. Exhibit F 75-77
2. Consider Community Economic Development Initiative Grant Request 78-79 for The University of Toledo Minority Business Development Center
a. Exhibit G 80-81
VIII. Executive Session to Discuss Employment and Compensation of Public Employees as Authorized by Ohio Revised Code §121.22 (G)(1)
IX. Other Business
X. Adjournment
3 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
Report Regarding Acquisition of Goods, Equipment, Materiel and Services for Quarter Ending March 31, 2019
The President reports quarterly on acquisitions made under Resolution No. 3-13
costing $10,000 to $100,000 and paid with funds appropriated in existing budgets for
which all applicable legal requirements regarding bidding have been met, and for which
no action is required by the Board:
January 2019
The Hylant Group 10,836.80 Insurance All Locations
Toledo Metropolitan Area COG 21,141.00 Membership Dues
Arrow Energy, Inc. 17,873.41 Fuel at Toledo Executive Airport
Arrow Energy, Inc. 16,123.64 Fuel at Toledo Executive Airport
Johnson Controls Fire Protection LP 10,909.00 Maintenance Contract at TEA
Meyer Hill Lynch 16,064.45 Preventative Maintenance Servers / Hosting
Nachurs Alpine Solutions 18,910.32 Snow Control Products at TEA Monthly Total: 111,858.62
February 2019
Green Sweep, Inc. 60,933.40 Lot and Sidewalk Snow Control All Locations
4 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
Green Sweep, Inc. 18,218.70 Lot and Sidewalk Snow Control All Locations
Klumm Brothers Excavating & Demo 10,645.00 Maintenance All Locations
Nachurs Alpine Solutions 38,884.26 Snow Control Products at TEA
Fireman’s Fund Insurance 23,090.17 Insurance All Locations
Klumm Brothers Excavating & Demo 13,180.00 Maintenance All Locations
Green Sweep, Inc. 17,325.28 Lot and Sidewalk Snow Control All Locations
Green Sweep, Inc. 21,311.18 Lot and Sidewalk Snow Control All Locations
Beamont Heating and Cooling 12,569.51 Maintenance and Prevention All Locations
Fireman’s Fund Insurance 15,442.33 Insurance All Locations Monthly Total: 231,599.83
March 2019
Mansfield Oil Co. R.W. Earhart 11,860.59 Fuel at Toledo Express Airport
Mansfield Oil Co. R.W. Earhart 10,860.53 Fuel at Toledo Express Airport
Green Sweep, Inc. 17,634.40 Lot and Sidewalk Snow Control All Locations
Green Sweep, Inc. 35,787.89 Lot and Sidewalk Snow Control
5 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
All Locations
Green Sweep, Inc. 22,379.86 Lot and Sidewalk Snow Control All Locations
Allied Universal Security Services 20,626.07 Security Services at One Gov’t Center
Allied Universal Security Services 21,143.90 Security Services at One Gov’t Center
Allied Universal Security Services 20,901.29 Security Services at One Gov’t Center
Crow Executive Air 17,466.48 Management Fee
Klumm Brothers Excavating & Demo 10,970.00 Maintenance All Locations
The Hylant Group 11,139.45 Pollution Liability Insurance
Lott Industries, Inc. 60,463.48 Cleaning and Janitorial Contract One Gov’t Center Monthly Total: 261,233.94
Total for Quarter = $604,692.39
6 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
Meeting Minutes of the Board of Directors Thursday, March 28, 2019
The Pledge of Allegiance was recited.
ROLL CALL
The second meeting in 2019 of the Toledo-Lucas County Port Authority Board of Directors was called to order at 8:02 a.m. on Thursday, March 28, 2019, at One Maritime Plaza, 2nd Floor, Classrooms A and B, Toledo, Ohio.
The following members were present: Chair John S. Szuch, Vice Chair Sharon Speyer, Directors Bernard (“Pete”) H. Culp, Kim Cutcher, David Fleetwood, Andrea R. Price, Nadeem Salem, James M. Tuschman, Robin Whitney and Baldemar Velasquez.
Absent were Directors William J. Carroll, Dr. Sharon L. Gaber, and Rich Rankin.
PUBLIC COMMENT PERIOD
Chairman Szuch invited comments from the public. Hearing none, he proceeded with the order of business.
REPORT AND COMMUNICATIONS FROM THE CHAIR: JOHN S. SZUCH
Chairman Szuch introduced and welcomed one of the newest board members, Director Robin Whitney.
Chairman Szuch announced that the next board meeting may be held at One Government Center and will be confirmed with details at a later point in time.
Chair Szuch and Paul Toth introduced Dr. Russell W. Mills, PhD., Bowling Green State University, who reported the state of the region and the economic climate of Toledo and surrounding communities.
REPORT OF THE PRESIDENT & CEO
Mr. Toth presented a plaque to Joe Rotterdam, Manager of Airport Operations & Airline Affairs, in recognition of his completion of all academic and professional requirements necessary to be certified by the American Association of Airport Executives as an Accredited Airport Executive.
Mr. Toth then reported the Port Authority’s many accomplishments in 2018 that includes the implementation of a phone application utilized by the maintenance department related to airfield lighting issues at Toledo Express Airport, reroofing the Terminal Building, the revitalization of the Toledo Air Associates hangar, a ribbon cutting of the Toledo Public Schools’ expanded program for aviation maintenance technicians, and the purchase of the One Government Center and consequent multi-year leases. Further, Mr. Toth reported the Port Authority’s major goals for 2019.
7 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
CONSENT AGENDA
The following Consent Agenda was presented for consideration, copies having been distributed in advance to all directors. Director Price asked that Item C., Consideration of Approval of Expenditures through February 28, 2019, be removed from the Consent Agenda and moved to the Finance & Development Committee report. Director Speyer motioned to move Item C. to the Finance & Development Committee Report and approved all other matters, which motion was seconded by Director Cutcher, and unanimously carried.
CONSENT AGENDA RESOLUTION NO.
A. Approval of Previous Meeting Minutes: January 24, Motion 2019
B. Approval of Final Expenditures through December 31, Motion 2018
C. Consider Approval of Expenditures through February Moved to Finance 28, 2019 & Development Committee Report for further consideration. D. Authorizing Transfer of Funds for 2018 Operating 6-19 Budget
E. Authorizing Lease Agreement with Maritime Academy 7-19 of Toledo at One Maritime Plaza
F. Authorizing Contract for Superior Street Parking Structure Restoration (Lithko Restoration Technologies, 8-19 LLC)
G. Authorizing Contract for Lighting Fixture Supply Purchase for Michael V. DiSalle Government Center 9-19 (Brint Electric)
H. Authorizing License Agreement with Board of Lucas County Commissioners at Michael V. DiSalle 10-19 Government Center
I. Financing Program Dashboard
J. BetterBuiildings Northwest Ohio Dashboard
K. Northwest Ohio Bond Fund Trustee Report
L. Toledo Express Airport Statistics
M. Diversified Contractors Accelerator Program Report
8 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
RECOMMENDATIONS AND REPORTS FROM STANDING COMMITTEES
FINANCE & DEVELOPMENT COMMITTEE
CONSIDER APPROVAL OF EXPENDITURES THROUGH FEBRUARY 28, 2019
Director Salem, Finance & Development Committee Chairman, reported that the Operating Statements through February 2019 showed $208,600 excess operating revenue over operating expense. This is ahead of budget by $588,800 with expenses falling under budget and revenue coming in ahead of budget.
The Finance & Development Committee recommended approval of the Expenditures through February 28, 2019.
After discussion, on motion by Director Salem, seconded by Director Tuschman, and unanimously carried, the Expenditures through February 28, 2019, were approved as submitted.
CONSIDER AGREEMENT WITH FEDERAL AEROSPACE INSTITUTE AT TOLEDO EXPRESS AIRPORT
Director Salem reported that the Federal Aerospace Institute desires to establish a federally approved aviation maintenance and pilot training facility at Toledo Express Airport, for which the former Toledo Air Associates hangar had been identified as an area where the training facility could be established.
The Finance & Development Committee recommended adoption of a resolution authorizing the President to execute an agreement for the lease of 4,817 sq. ft. of office space and 13,814 sq. ft. of hangar space at Toledo Express Airport, formerly known as the Toledo Air Associates hangar with the Federal Aerospace Institute, for a term of one (1) year commencing immediately following completion of certain renovations, at a rental rate of six percent (6%) of gross revenues over $550,000 over the term of the lease, and approving that approximately $37,000 of previously-appropriated tax funds may be used to pay the costs necessary to purchase materials and professionally prepare the premises floor for epoxy application.
After discussion, on motion of Director Salem, seconded by Director Tuschman, and unanimously carried.
RESOLUTION NO. 11-19
AUTHORIZING LEASE AGREEMENT WITH FEDERAL AEROSPACE INSTITUTE AT TOLEDO EXPRESS AIRPORT
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
CONSIDER LEASE AGREEMENT WITH AIRPORT PROPERTY TWO, LLC AT EXPRESS INDUSTRIAL PARK
Director Salem reported that Airport Property Two, LLC desires to lease up to ten (10) acres with an option to lease up to three (3) additional acres for a base period of twenty (20) years with two (2) fifteen (15)-year options to renew.
9 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
After discussion, Director Salem moved to accept the proposed lease agreement , which motion was seconded by Chair Szuch, and unanimously carried.
RESOLUTION NO. 12-19
AUTHORIZING LEASE AGREEMENT WITH AIRPORT PROPERTY TWO, LLC AT EXPRESS INDUSTRIAL PARK
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
CONSIDER SALE OF PROPERTY AT OVERLAND INDUSTRIAL PARK The Port Authority has received an offer to purchase approximately ten (10) acres of property at Overland Industrial Park from a preferred supplier to Fiat Chrysler Automotive N.V. and Ford Motor Company for $62,500 per acre.
After discussion, Director Speyer motioned to accept this offer, which motion was seconded by Director Tuschman, and unanimously carried.
RESOLUTION NO. 13-19
AUTHORIZING SALE OF PROPERTY AT OVERLAND INDUSTRIAL PARK
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
CONSIDER PURCHASE OF SAGER ROAD PROPERTY
The purchase of five (5) acres of property abutting Toledo Industrial Park and Sager Road, Parcel ID # 72-11857, has been negotiated at a purchase of $125,000. Acquisition of this parcel will allow the Port Authority to assemble property necessary to fully develop the Industrial Park on the south side of Toledo Express Airport
After discussion, Director Salem moved to approve this purchase, which motion was seconded by Director Tuschman, and unanimously carried.
RESOLUTION NO. 14-19
AUTHORIZING PURCHASE OF SAGER ROAD PROPERTY PARK
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
CONSIDER RIGHT OF FIRST REFUSAL FOR SALE OF PROPERTY RELATED TO JOINT COOPERATION AGREEMENT (DANA INCORPORATED)
Dana Incorporated has approached the Port Authority, the City of Maumee, and the Board of Lucas County Commissioners to seek a Right of First Refusal related to two parcels if
10 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
they are, in whole or in part, later identified as residual property following the acqu isition of multiple parcels along Interstate 475 and U.S. Route 23 from Salisbury Road to US 20A which are necessary for a braided interchange along the corridor accessing Toledo Express Airport. After discussion, Director Salem motioned to approve the request, which motion was seconded by Director Cutcher, and unanimously carried.
RESOLUTION NO. 15-19
AUTHORIZING RIGHT OF FIRST REFUSAL FOR SALE OF PORPERTY RELATED TO JOINT COOPERATION AGREEMENT (DANA INCORPORATED)
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
CONSIDER HANGAR PURCHASE AGREEMENT WITH ROBERT JOHN ASSOCIATES AND LEASE AGREEMENT WITH NATIONAL FLIGHT Robert John Associates has agreed to sell its hangar, commonly known as the National Flight “FBO Hangar,” to the Port Authority for $375,000 pending satisfactory outcomes of Phase 1 and Phase 2, if necessary environmental assessments.
After discussion, Director Salem moved to approve the sale of property, which motion was seconded by Chair Szuch, and unanimously carried.
RESOLUTION NO. 16-19
AUTHORIZING HANGAR PURCHASE AGREEMENT WITH ROBERT JOHN ASSOCIATES AND LEASE AGREEMENT WITH NATIONAL FLIGHT
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
Directors Fleetwood and Velasquez left the meeting.
PLANNNG & OPERATIONS COMMITTEE
No report was given.
GOVERNMENT, COMMUITY & HUMAN RELATIONS COMMTTEE
Director Tuschman, Government, Community & Human Relations Committee Chair, presented the following for consideration:
CONSIDER COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT REQUEST FOR PADUA CENTER
An application was submitted for a $25,000 grant by Padua Center, a 501(c)(3) organization, for a new roof on its building located at 1416 Nebraska Ave., Toledo, Ohio.
11 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
After discussion, Director Tuschman motioned to approve the grant request, which motion was seconded by Director Cutcher, and unanimously carried.
RESOLUTION NO. 17-19
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT REQUEST FOR PADUA CENTER
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
CONSIDER COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE LOAN FOR RESIDENTIAL PACE (PROPERTY ASSESSED CLEAN ENERGY) FINANCING PROGRAM
A request was submitted for a $150,000 loan by the Northwest Ohio Advanced Energy Improvement District to support a residential Property Assessed Clean Energy (“PACE”) financing program which is operated in partnership with the Lucas County Land Bank’s Home Heritage Program.
After discussion, Director Tuschman motioned to approve the loan request, which motion was seconded by Director Salm, and unanimously carried.
RESOLUTION NO. 18-19
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE LOAN FOR RESIDENTIAL PACE (PROPERTY ASSESSED CLEAN ENERGY) FINANCING PROGRAM
was adopted. The resolution in its full text is incorporated in the Resolution Journal of the Port Authority.
Director Tuschman presented the DCAP Dashboard.
Director Velasquez returned to the meeting in progress.
EXECUTIVE SESSION TO DISCUSS EMPLOYMENT AND COMPENSATION OF A PUBLIC EMPLOYEE AS AUTHORIZED BY OHO REVISED CODE 121.22 (G)(1)
Chairman Szuch requested a motion to meet in executive session for the purpose of considering the employment and compensation of a public employee as authorized by Ohio Revised Code §121.22 (G) (1). Upon motion made by Director Cutcher and seconded by Director Tuschman, the Chairman requested a roll call vote recorded as follows: Chairman Szuch - yes, Vice-Chair Speyer - yes, Director Tuschman - yes, Director Price - yes, Director Velasquez - yes, Director Cutcher - yes, Director Culp – yes, Director Salem – yes, Director Whitney – yes.
12 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (A)
Chairman Szuch requested a motion to adjourn the executive session and return to the regular meeting. The motion was made by Director Velasquez, seconded by Director Cutcher ad unanimously carried.
The executive session commenced at 10:28 a.m. with no action taken. Motion by Director Velasquez to adjourn the executive session and return to the regular Board of Directors Meeting and was seconded by Director Cutcher, and unanimously carried. Chairman Szuch stated that no action was taken at the executive session.
OTHER BUSINESS
None.
ADJOURNMENT
There being no further business, the meeting adjourned at 10:31 a.m.
.
.
13 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Consider Approval of Expenditures through April 30, 2019
The Operating Statements through April 2019 show $1,767,300 excess operating
revenue over operating expense. This is ahead of budget by $825,500 with expenses
falling under budget and revenue coming in ahead of budget.
Airport Division revenues of $1,587,200 were $58,800 over budget with an earlier
than expected rent increase for TronAir and parking lot revenue being the main
reasons. Airport expenses of $1,688,700 were under budget by $191,500 with most
expense categories coming in under budget. Seaport Division revenues of $520,900
were under budget by $38,900 with lease revenue coming in under budget. Seaport
expenses of $189,100 were under budget by $104,700, with all expense categories
coming in under budget. Facilities and Development Division revenues of $3,096,600
were $202,800 ahead of budget with all revenue categories coming in ahead of budget.
Facilities and Operations expenses of $1,559,600 were under budget by $306,600 with
repairs and maintenance and utilities being the main reasons. The 2019 Operating
Budget estimates a fund balance of $1,597,384 by the end of the year.
The Finance & Development Committee recommends approval of the
Expenditures through April 2019.
14 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
15 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
16 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Total Operating Budget April 2019
17 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Airport Operating Budget April 2019
18 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Seaport Operating Budget April 2019
19 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Facilities & Development Operating Budget April 2019
20 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Administration Operating Budget April 2019
21 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
One Government Center Operating Budget April 2019
22 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Unappropriated Reserve Funds
23 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Passenger Facility Charge (PFC) Activity April 2019
24 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (B)
Northwest Ohio Bond Fund Reserve
25 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (C)
Consider Lease Agreement with Regional Growth Partnership at Two Maritime Plaza
A lease agreement has been negotiated for 3,050 sq. ft. of office space in Two
Maritime Plaza with the Regional Growth Partnership (RGP). The initial term of the
lease would be for five (5) years with three (3), five (5)-year option terms. RGP would
have access to the premises on June 1, 2019, to begin renovation work and to allow
time to move offices. The lease term would commence following the renovation work
around September 1, 2019.
The lease rate would be $16.00 per square foot per year with annual Consumer
Price Index increases not to exceed three percent (3%) in any single year. The Port
Authority would agree to replace the flooring and paint the walls once during the initial
lease term. The RGP would be responsible for all other renovation work subject to Port
Authority review and approval. Under this gross lease agreement, the Port Authority
would pay all utilities, janitorial and taxes. In addition, the Port Authority would
compensate the listing agent with a five percent (5%) commission per the Port
Authority’s Broker Compensation Policy. RGP would be responsible to pay phone and
internet service.
The Finance & Development Committee recommends authorizing the President
to enter into a lease agreement with the Regional Growth Partnership as described
above and to appropriate $35,000 from Port Authority reserves to replace the flooring
and paint as described above.
26 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (C)
RESOLUTION NO. ____
AUTHORIZING LEASE AGREEMENT WITH REGIONAL GROWTH PARTNERSHIP AT TWO MARITIME PLAZA
WHEREAS, a lease agreement has been negotiated for 3,050 sq. ft. of office space in Two Maritime Plaza (the “Premises”) with the Regional Growth Partnership (the “RGP”);
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with the Regional Growth Partnership for the lease of office space at Two Maritime Plaza, which agreement shall include such terms and conditions as the President deems necessary or appropriate including:
PREMISES: 3,050 sq. ft. of office space in Two Maritime Plaza, Toledo, OH
ACCESS TO PREMISES: RGP may have access to the Premises on June 1, 2019, to begin renovation work and allow it time to move offices.
TERM: Commencing upon the completion of the renovation work, presently anticipated to be on or about September 1, 2019, the initial term of the lease shall be for five (5) years with three (3), five (5)-year option terms.
RENTAL: $16.00 per square foot annually with annual Consumer Price Index increases beginning January 2021 not to exceed three percent (3%) in any single year.
IMPROVEMENTS: The Port Authority will agree to replace the flooring and paint the walls once during the initial lease term (the “Improvements”); the RGP shall be responsible for all other renovation work subject to Port Authority review and approval
UTILITIES, JANITORIAL SERVICES, AND TAXES: Utilities, janitorial services, and taxes will be paid by the Port Authority; RGP shall pay the cost of telephone and internet services.
COMMISSION: A five percent (5%) commission shall be paid per the Port Authority Broker Compensation Policy.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.
27 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (C)
That there be and hereby is appropriated from the Port Authority Reserve Fund the sum of $35,000 to pay the costs of the Improvements.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
28 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (D)
Consider Second Amendment to Lease Agreement with Maumee Air Associates at Toledo Express Airport
Maumee Air Associates currently leases a 26,517 sq. ft. hangar at Toledo
Express Airport. In February 2018, this Board of Directors authorized a lease
amendment with Maumee Air Associates that provided Maumee Air an option to lease a
second 12,731 sq. ft. hangar beginning April 1, 2019. Maumee Air has indicated that it
is unlikely it will need the 12,731 sq. ft. hangar for some time and has requested that its
option to lease the second hanger be extended though the end of its initial term which
expires March 31, 2023. The Port Authority would have the ability to lease the hangar to
others until three (3) months after the time in which Maumee Air may elect to exercise
the option. All other terms of the lease, including rental rates and the two (2), five (5)-
year options, would remain in place as set by the First Amendment.
The Finance & Development Committee recommends authorizing the President
to enter into a Second Amendment to the Lease Agreement with Maumee Air
Associates as described above.
29 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (D)
RESOLUTION NO. ____
AUTHORIZING SECOND AMENDMENT TO LEASE AGREEMENT WITH MAUMEE AIR ASSOCIATES AT TOLEDO EXPRESS AIRPORT
WHEREAS, pursuant to Resolution No. 10-08, Maumee Air Associates (“Maumee Air”) currently leases a 26,517 sq. ft. hangar at Toledo Express Airport (the “Lease”); and
WHEREAS, pursuant to Resolution No. 2-18, this Board of Directors authorized a lease amendment with Maumee Air that provides Maumee Air an option to lease a second 12,731 square foot hangar beginning April 1, 2019; and
WHEREAS, Maumee Air has requested that its option to lease the second hanger be extended though the end of the initial term of the Lease which expires March 31, 2023; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an amendment to that certain Standard Lease Agreement between the Port Authority and Maumee Air Associates, dated April 18, 2008, as once amended, to extend Maumee Air’s option to lease a 12,731 sq. ft. hangar at Toledo Express Airport until March 31, 2023, which amendment shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including further amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
30 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (E)
Consider Building Repairs to Warehouse Facility at Dr. Martin Luther King, Jr. Plaza
The Dr. Martin Luther King, Jr. Plaza warehouse facility is used for Port Authority
maintenance operations in and around downtown Toledo. The facility needs
maintenance repairs to remain in a useable condition, including a new roof, exterior
façade repairs, windows, roof drain and associated plumbing repairs, additional lighting,
and painting. The cost of these improvements is estimated to be $120,000 and would
be paid from Port Authority Reserves. The Port Authority’s standard quote process for
projects under $150,000 would be used for the selection of project contractors.
The Planning & Operations Committee recommends appropriating $120,000
from Port Authority Reserves for the purpose of making improvements to the warehouse
facility at Dr. Martin Luther King, Jr. Plaza as described above.
31 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (E)
RESOLUTION NO.____
AUTHORIZING BUILDING REPAIRS TO WAREHOUSE FACILITY AT DR. MARTIN LUTHER KING, JR. PLAZA
WHEREAS, the Dr. Martin Luther King, Jr. Plaza warehouse facility (the “Facility”) is used for Port Authority maintenance operations in and around downtown Toledo; and
WHEREAS, the Facility needs maintenance repairs to remain in a useable condition, including a new roof, exterior façade repairs, windows, roof drain and associated plumbing repairs, additional lighting, and painting;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That there be and hereby is appropriated from the Port Authority Reserve Fund the sum of $120,000 to pay the costs of improvements to the warehouse facility at Dr. Martin Luther King, Jr. Plaza.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
32 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (E)a
Exhibit A
33 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (F)
Consider Contract for Parking Structure Restoration at One Government Center
The parking structure at One Government Center is in need of concrete
restoration and repairs that are consistent with the Port Authority’s other parking
facilities. The Parking Structure Restoration 2019 project base and alternate bids
include slab, tee flange, tee stem, beam, column, wall, curb, stair tread and nosing
repairs. The project also includes sealing, joint and various plumbing repairs.
The Port Authority received five (5) bids, the lowest of which is over the $100,000
threshold established by Resolution 3-13, and therefore requires Board approval:
BIDDER & LOCATION BASE BID AMT. ALT. 1
Utopia Construction $327,300 $9,900 Perrysburg, OH
Ram Construction Serv. $382,653 $13,320 Livonia, MI
Pullman SST $389,727 $9,360 Trenton, MI
D.C. Byers Co. $463,100 $13,500 East Lansing, MI
Great Lakes Concrete Restoration $845,182 $7,800 Toledo, OH
The lowest responsive and responsible bid received for The Parking Structure
Restoration 2019 at One Government Center is recommended to be Utopia
Construction with aggregate base bid and Alternate 1 bid in the amount of $337,200,
which is under the engineer’s estimate of $397,090. Utopia Construction would meet the
fifteen percent (15%) minority participation goal for this project.
34 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (F)
The Planning & Operations Committee recommends adoption of the following
resolution authorizing the President to enter into a contract with Utopia Construction in
an amount not to exceed $337,200 and authorizing payment, including up to an
additional ten percent (10%) contingency. This project will be paid from previously
appropriated capital improvement funds.
35 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (F)
RESOLUTION NO. ___
AUTHORIZING CONTRACT FOR PARKING STRUCTURE RESTORATION AT ONE GOVERNMENT CENTER (UTOPIA CONSTRUCTION)
WHEREAS, the parking structure at One Government Center needs concrete restoration and repairs that are consistent with the Port Authority’s other parking facilities; and
WHEREAS, pursuant to standard Port Authority bidding procedures, Utopia Construction submitted a bid in the amount of 337,200, including Alternate 1, for the restoration of the parking structure at One Government Center (the “Project”); and
WHEREAS, the bid submitted by Utopia Construction is recommended to be the lowest responsive and responsible bid received for the Project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with Utopia Construction in an amount not to exceed $337,200 for the restoration of the parking structure at One Government Center, which agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Planning, Engineering & Operations.
That the costs of the Project in the amount of $370,920, which amount includes up to an additional ten percent (10%) contingency, shall be paid from previously appropriated capital improvement funds
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
36 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (F)a
Exhibit B
37 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (G)
Consider One Government Center Lighting Project Tariff Increase
In March 2019, the Board of Directors authorized a contract with Brint Electric for
the purchase of approximately 7,200 light-emitting diode (LED) light fixtures as part of
an energy efficiency upgrade project at One Government Center. Seven (7) of the
proposed light fixtures have been received and Brint Electric has installed them to verify
the functionality of the fixtures. The fixture performance exceeds the bid requirements
and it has been deemed acceptable to proceed with full installation. Following the fixture
verification process, a contract was sent to Brint Electric, and before the contract could
be executed, the United States increased the tariff on certain products imported from
China by fifteen percent (15%) to a total tariff of twenty-five percent (25%) of the value
of the fixture.
The Finance & Development Committee recommends adoption of the following
resolution authorizing the President and CEO to enter into a contact with Brint Electric
for the amount as previously authorized, plus the payment of the additional tariff
expense, which will be paid from the actual invoice or bill of lading to include only the
tariff increase. The fifteen percent (15%) tariff increase is anticipated not to exceed
$80,000, the cost of which will be paid from previously appropriated funds.
38 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (G)
RESOLUTION NO. _____
AUTHORIZING ONE GOVERNMENT CENTER LIGHTING PROJECT TARIFF INCREASE
WHEREAS, pursuant to Resolution No. 9-19, this Board of Directors authorized a contract with Brint Electric for the purchase of approximately 7,200 light-emitting diode (“LED”) light fixtures as part of an energy efficiency upgrade project at One Government Center (the “Project”); and
WHEREAS, seven (7) of the proposed light fixtures have been received and Brint Electric has installed them to verify the functionality of the fixtures; and the fixture performance exceeds the bid requirements and it has been deemed acceptable to proceed with full installation; and
WHEREAS, before the contract could be executed, the United States increased the tariff on certain products imported from China by fifteen percent (15%) to a total tariff of twenty-five percent (25%) of the value of the fixture;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with Brint Electric for the purchase and installation of approximately 7,200 light-emitting diode (“LED”) light fixtures as part of the energy efficiency upgrade project at One Government Center as previously authorized, plus the additional payment of the increased tariff expense to be paid from the actual tariff invoice or bill of lading up to $80,000, and which agreement shall include such other terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Planning, Engineering & Operations.
That the costs of the Project, including the increase tariff expense, shall be paid as previously appropriated pursuant to Resolution No. 55-18.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
39 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (H)
Financing Programs Dashboard
40 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (I)
BetterBuildings Northwest Ohio Dashboard
41 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (J)
Northwest Ohio Bond Fund Trustee Report
42 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (K)
Toledo Express Airport Statistics
43 May 23, 2019 Meeting of the Board of Directors Agenda Item VI (L)
Seaport Statistics
44 May 23, 2019
Meeting of the Board of Directors Agenda Item VI (M)
Diversified Contractors Accelerator Program Report
45 May 23, 2019
Meeting of the Board of Directors Agenda Item VI (M)
46 May 23, 2019
Meeting of the Board of Directors Agenda Item VII (A) 1
Consider Issuance of Bonds for Warehouse Building in Express Industrial Park at Toledo Express Airport
In 2009, the first building was constructed at Express Industrial Park on the south
side of Toledo Express Airport. Since that time, new roads, water, sewer, gas, and
electric utilities have been installed, as well as identification and mitigation of wetland
impacts within the development area. More than $2 million has been invested to support
the further development of the Express Industrial Park. Harmon Development, LLC has
been working with Clarios, a local automotive battery manufacturer, to consolidate its
warehouse operations and has requested that the Port Authority consider financing the
construction of an 80,000 sq. ft. warehouse to be located in Express Industrial Park
through the issuance of up to $5 million in taxable Industrial Development Bonds
through the Northwest Ohio Bond Fund with a term of up to twenty-five (25) years. The
Board of Directors previously approved a ground lease with Harmon Development for
the lease of the site upon which the warehouse would be constructed.
The Finance & Development Committee recommends adoption of the following
resolution authorizing the issuance of up to $5 million in taxable bonds from the
Northwest Ohio Bond Fund and accepting a loan from Lucas County Builds in the
amount of up to $1 million to finance the construction of an 80,000 sq. ft. warehouse
building just south of the existing facility occupied by Phoenix Technologies Inc.
Revenue generated from the building lease would be more than sufficient to pay the
debt service during the lease term, providing a minimum debt coverage ratio of 1.20. All
bonds issued by the Port Authority for this project will be guaranteed personally by Ed
Harmon.
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Meeting of the Board of Directors Agenda Item VII (A) 1
RESOLUTION NO. _____
AUTHORIZING THE ISSUANCE AND SALE OF A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $5,000,000 OF REVENUE BONDS OF THE TOLEDO- LUCAS COUNTY PORT AUTHORITY UNDER THE NORTHWEST OHIO BOND FUND PROGRAM FOR THE PURPOSE OF FINANCING COSTS OF “PORT AUTHORITY FACILITIES” WITHIN THE MEANING OF OHIO REVISED CODE SECTION 4582.01; AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL TRUST INDENTURE TO SECURE THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH HARMON DEVELOPMENT, LLC; AUTHORIZING THE SALE OF THE BONDS PURSUANT TO A BOND PURCHASE AGREEMENT; AUTHORIZING THE EXECUTION AND DISTRIBUTION OF A DISCLOSURE STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PORT AUTHORITY TO BORROW UP TO $1,000,000 FROM LUCAS COUNTY BUILDS LLC; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE SECURITY AGREEMENTS SECURING THE BONDS AND THE PORT AUTHORITY’S OBLIGATIONS TO LUCAS COUNTY BUILDS LLC; AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AND A PROJECT LEASE IN CONNECTION WITH THE PORT AUTHORITY FACILITY PROJECT; APPROVING THE PROVISION OF OHIO SALES AND USE TAX EXEMPTION CERTIFICATES FOR THE PURCHASE OF BUILDING AND CONSTRUCTION MATERIALS INCORPORATED INTO THE PORT AUTHORITY FACILITY PROJECT; AND APPROVING RELATED MATTERS
WHEREAS, the Toledo-Lucas County Port Authority (the “Port Authority”), a body corporate and politic duly organized and validly existing under the laws of the State of Ohio (the “State”), is authorized and empowered, by virtue of the laws of the State, including without limitation, Section 13 of Article VIII, Ohio Constitution, Ohio Revised Code Chapter 4582, and Ohio Revised Code Section 122.012 (collectively, the “Act”), (i) to issue its revenue bonds for the purpose of financing and refinancing the costs of acquiring, constructing, developing, equipping, improving, and installing “port authority facilities,” including real or personal property or real or personal property related to, useful for, and in furtherance of “authorized purposes” of the Port Authority, as defined in Ohio Revised Code Section 4582.01, located within the boundaries of Lucas County, Ohio, (ii) to enter into agreements with respect to the financing, refinancing, acquiring, constructing, developing, equipping, improving, and installing of such facilities and to provide for a pledge of certain revenues sufficient to pay the principal of and interest and any premium on those revenue bonds, (iii) to secure those revenue bonds by a trust indenture, (iv) to enact this Bond Legislation, and (v) to enter into the agreements authorized in this Bond Legislation upon the terms and conditions provided herein and therein; and
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WHEREAS, Harmon Development, LLC, an Ohio limited liability company (the “Contracting Party”) has requested that the Port Authority provide financing for the acquisition and construction of an approximately 80,000 square foot industrial facility in Toledo, Ohio on certain real property owned by the Port Authority and ground leased to the Contracting Party (the “Series 2019B Project Site”), all constituting “port authority facilities” (the “Series 2019B Project”); and
WHEREAS, after advice from Port Authority staff, administrative officers, and advisors, this Legislative Authority has determined that it is necessary and proper and in the best interest of the Port Authority at this time to provide financing for the costs of the Series 2019B Project (i) by issuing a series of revenue bonds in the aggregate principal amount not to exceed $5,000,000, (ii) by borrowing up to $1,000,000 from Lucas County Builds, LLC (“Lucas County Builds”), and (iii) by making a loan of up to $6,000,000 to the Contracting Party; and
WHEREAS, the Port Authority is authorized (i) to acquire a sub-leasehold interest in the Series 2019B Project Site by operation of a sub-ground lease (the “Ground Lease”) between the Contracting Party, as sub-ground lessor, and the Port Authority, as sub-ground lessee; and (ii) to acquire title to the buildings and improvements comprising the Series 2019B Project, and to lease such buildings and improvements and the Port Authority’s interest in Series 2019B Project Site to the Contracting Party by operation of a project lease (the “Project Lease”) between the Port Authority, as lessor, and the Contracting Party, as lessee; and
WHEREAS, the Contracting Party has begun soliciting contracts for construction of the Series 2019B Project and has requested that the Port Authority provide certificates evidencing the exemption from State of Ohio sales and use taxes of purchases of building and construction materials for incorporation into the Series 2019B Project; and
NOW, THEREFORE, Be It Resolved by the Board of Directors of the Toledo-Lucas County Port Authority:
Section 1. Definitions. In addition to the words and terms elsewhere defined in this Bond Legislation, the following words and terms as used in this Bond Legislation shall have the following meanings unless otherwise provided and unless the context or use indicates another or different meaning or intent:
“Act” means Section 13 of Article VIII of the Ohio Constitution, Ohio Revised Code Chapter 4582, as enacted and amended from time to time, and Ohio Revised Code Section 122.012, as enacted and amended from time to time.
“Authorized Denominations” means $100,000 and any integral multiple of $5,000 in excess thereof, or such other denominations as may be designated in the Certificate of Award.
“Basic Indenture” means the Trust Indenture between the Port Authority and the Trustee dated as of August 15, 1988.
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“Bond Fund” means the Bond Fund created by the Basic Indenture.
“Bond Legislation” means this resolution and the Certificate of Award executed pursuant to this resolution, as either or both may be amended from time to time.
“Bond Purchase Agreement” means, as to the Series 2019B Bonds (i) the Amended and Restated Bond Purchase and Private Shelf Agreement dated as of March 8, 2012 between the Port Authority and the Prudential Insurance Company affiliates identified therein (“Prudential”) if the Original Purchaser is Prudential, and (ii) any bond purchase agreement for the Series 2019B Bonds between the Port Authority and the Original Purchaser if the Original Purchaser is not Prudential.
“Bond Reserve Deposit” means the amount to be deposited in the Series 2019B PRF Principal Subaccount in the Series 2019B PRF Account in the Primary Reserve Fund, which amount shall be provided as set forth in the Certificate of Award.
“Bonds” means Bonds as defined in the Basic Indenture.
“Bond Service Charges” means, for any period or payable at any time, the principal of and interest and any premium on the Series 2019B Bonds for that period or payable at that time, whether due at maturity or upon acceleration or redemption.
“Book Entry Form” or “book entry system” means a form or system under which (a) the ownership of book entry interests in Series 2019B Bonds and the principal of and interest on the Series 2019B Bonds may be transferred only through a book entry, and (b) physical Series 2019B Bond certificates in fully registered form are issued only to a Depository or its nominee as registered owner, with the physical Series 2019B Bond certificates “immobilized” in the custody of the Depository. The book entry maintained by others than the Trustee is the record that identifies the owners of book entry interests in those Series 2019B Bonds and that principal and interest.
“Certificate of Award” means the certificate or certificates executed by the Executive, the Fiscal Officer, or both pursuant to Section 3 of this Bond Legislation.
“Contracting Party” means Harmon Development, LLC, an Ohio limited liability company.
“Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, with its Participants or otherwise, a book entry system to record ownership of book entry interests in bonds or the principal of and interest on bonds, and to effect transfers of series of bonds, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York.
“Disclosure Statement” means the Private Placement Memorandum or other offering document authorized by this Bond Legislation for use in connection with the initial sale of the Series 2019B Bonds.
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“Executive” means the President of the Port Authority or the Chair or Vice Chair of the Legislative Authority.
“Financial Advisor” means DiPerna & Company, LLC.
“Fiscal Officer” means the Secretary and Fiscal Officer or an Assistant Secretary and Fiscal Officer of the Port Authority.
“Ground Lease” means the sub-ground lease agreement by which the Contracting Party, as sub-ground lessor, leases its sub-leasehold interest in the Series 2019B Project Site to the Port Authority, as sub-ground lessee, as the same may be amended or supplemented from time to time.
“Holder” means the person in whose name a Series 2019B Bond is registered on the register maintained initially by the Trustee.
“Indenture” means the Basic Indenture and all supplements or amendments to the Basic Indenture.
“Interest Payment Date” means the fifteenth day of each May and November, commencing with the May 15 or November 15 specified in the Certificate of Award, or such other dates as may be designated in the Certificate of Award.
“Legal Officer” means the Staff Counsel of the Port Authority.
“Legislative Authority” means the Board of Directors of the Port Authority.
“Lucas County Builds” means Lucas County Builds, LLC, a limited liability company duly organized and validly existing under the laws of the State.
“Lucas County Builds Agreement” means a loan agreement, dated as of the date of the Series 2019B Agreement or such other date as may be determined in the Certificate of Award, between the Port Authority and Lucas County Builds providing for a loan of up to $1,000,000 from Lucas County Builds to the Port Authority to pay costs of the Series 2019B Project, as the same may be amended or supplemented from time to time.
“Original Purchaser” means the entity or entities designated as such in the Certificate of Award.
“Participant” means any participant contracting with a Depository under a book entry system and includes securities brokers and dealers, banks and trust companies, and clearing corporations.
“Pledged Revenues” means Pledged Revenues as defined in the Basic Indenture.
“Primary Reserve Fund” means the Primary Reserve Fund created by the Basic Indenture.
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“Project Fund” means the Project Fund created by the Basic Indenture.
“Project Lease” means the lease agreement by which the Port Authority, as lessor, leases the buildings and improvements comprising the Series 2019B Project and the Port Authority’s interest in Series 2019B Project Site to the Contracting Party, as lessee, as the same may be amended or supplemented from time to time.
“Series” means Series as defined in the Basic Indenture.
“Series 2019B Agreement” means the Loan Agreement dated as of the first day of the month in which the Certificate of Award is executed and delivered, or such other date as may be designated in the Certificate of Award, between the Port Authority and the Contracting Party, as it may be duly amended or supplemented from time to time, providing for a loan of up to $6,000,000 from the Port Authority to the Contracting Party to pay costs of the Series 2019B Project, as the same may be amended or supplemented from time to time.
“Series 2019B Bonds” means, the revenue bonds authorized by this Bond Legislation to be issued under the Northwest Ohio Bond Fund Program pursuant to the Series 2019B Supplemental Indenture.
“Series 2019B Project” means the Series 2019B Project, as defined in the Series 2019B Agreement, being “port authority facilities” as defined in the Act.
“Series 2019B Project Site” means certain real property located in Toledo, Ohio owned by the Port Authority and ground leased to the Contracting Party on which the Series 2019B Project will be constructed, all as defined in the Series 2019B Agreement.
“Series 2019B Security Agreement” means any one or more leasehold mortgages, assignments of leases and rents, or other security agreements with respect to the Series 2019B Project granted by the Port Authority to the Trustee as security for payment of Bond Service Charges on the Series 2019B Bonds, any other amounts payable to the Port Authority under the Series 2019B Agreement, or any loan payments due from the Port Authority to Lucas County Builds under the Lucas County Builds Agreement, each as may be amended or supplemented from time to time.
“Series 2019B Supplemental Indenture” means the Supplemental Trust Indenture authorized by this Bond Legislation securing the Series 2019B Bonds, dated as of the same date as the Series 2019B Agreement, between the Port Authority and the Trustee, as it may be duly amended or supplemented from time to time, a numerical designation of which is to be assigned as provided in Section 3(a) of this Bond Legislation.
“Special Funds” means, collectively, the Special Funds as established under and identified in the Basic Indenture and in the custody of the Trustee.
“State” means the State of Ohio.
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“Supplemental Indenture” means Supplemental Indenture as defined in the Basic Indenture.
“Trustee” means The Bank of New York Mellon Trust Company, N.A., or any successor
Trustee permitted under the Indenture.
The captions and headings in this Bond Legislation are solely for convenience of reference and do not define, limit or describe the scope or intent of any provisions or Sections of this Bond Legislation. Words or terms used herein with initial capital letters and not defined herein shall have the meanings given to them in the Basic Indenture and the Series 2019B Supplemental Indenture.
Section 2. Determinations by Legislative Authority. This Legislative Authority determines that: it is necessary and proper and in the best interest of the Port Authority to, and the Port Authority shall (i) issue, sell and deliver the Series 2019B Bonds in the maximum aggregate principal amount of $5,000,000 at this time, as provided and authorized herein and in the Indenture, including the Series 2019B Supplemental Indenture and pursuant to the authority of the Act; (ii) enter into the Lucas County Builds Agreement pursuant to which the Port Authority shall borrow up to $1,000,000 from Lucas County Builds; (iii) use the proceeds of the Series 2019B Bonds and the amounts of the foregoing loan from Lucas County Builds for the purpose of making a loan of up to $6,000,000 to the Contracting Party, all in order to assist the Contracting Party in financing the costs of the Series 2019B Project. The Series 2019B Project constitutes “port authority facilities” as defined in the Act, and is consistent with the purposes of the Act; and the utilization of the Series 2019B Project is in furtherance of the purposes of the Act and will benefit the people of the State by creating jobs and employment opportunities and improving the economic welfare of the people of the State.
Section 3. Terms and Provisions of the Series 2019B Bonds.
(a) Generally. The Series 2019B Bonds (i) shall be issued, unless a Supplemental Indenture shall have been executed and delivered pursuant to Section 8.02(h) of the Basic Indenture, only in fully registered form, substantially in the form utilized for prior Series of Taxable Bonds; (ii) shall be exchangeable for Series 2019B Bonds of the same Series and of Authorized Denominations, as provided in the Indenture; (iii) shall be numbered in such manner as determined by the Trustee in order to distinguish each Series 2019B Bond from any other Series 2019B Bond; (iv) shall be in Authorized Denominations; (v) shall be subject to optional and mandatory sinking fund redemption in the amounts and at the times and prices for which provision is made in the Certificate of Award and in the manner set forth in this Bond Legislation and upon the conditions set forth in the Indenture; (vi) shall be dated as of the date designated in the Certificate of Award; and (vii) shall be signed by the Executive and the Fiscal Officer in their official capacities; provided, that either or both of such signatures may be a facsimile. Each Series 2019B Bond shall bear interest, payable on the Interest Payment Dates, from the most recent date to which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, from its date. The Series 2019B Bonds shall be issued in one or more series as may be determined by the Executive or Fiscal Officer in the Certificate of Award. The
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Series 2019B Bonds shall initially be designated “Toledo-Lucas County Port Authority Taxable Development Revenue Bonds (Northwest Ohio Bond Fund) Series 2019B (Harmon Development, LLC Express Industrial Park Project)” or as otherwise may be determined by the Executive or Fiscal Officer in the Certificate of Award consistent with the Disclosure Statement utilized in connection with the initial sale of the Series 2019B Bonds and as may be appropriate in order to distinguish the Series 2019B Bonds from the several other Series of Bonds issued under the Basic Indenture or otherwise theretofore executed and delivered. The Series 2019B Supplemental Indenture shall be designated as the “Eighty-Ninth Supplemental Trust Indenture” or as otherwise may be determined by the Executive or Fiscal Officer in the Certificate of Award consistent with the Disclosure Statement utilized in connection with the initial sale of the Series 2019B Bonds and as may be appropriate in order to distinguish the Series 2019B Supplemental Indenture from the respective Supplemental Indentures securing the several other Series of Bonds issued under the Basic Indenture or otherwise theretofore executed and delivered.
(b) Book Entry System. Notwithstanding any other provisions of this Bond Legislation or the Indenture, if it is determined in the Certificate of Award that it is in the best interest of and financially advantageous to the Port Authority, the Series 2019B Bonds may be issued to a Depository for use in a book entry system and, if and as long as a book entry system is utilized, (i) the Series 2019B Bonds may be issued in the form of a single, fully registered Series 2019B Bond representing each maturity and registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (ii) except as otherwise provided in the Series 2019B Supplemental Indenture, the book entry interest owners of Series 2019B Bonds in book entry form shall not have any right to receive Series 2019B Bonds in the form of physical securities or certificates; (iii) ownership of book entry interests in Series 2019B Bonds in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of book entry interests shall be made only by book entry by the Depository and its Participants; and (iv) the Series 2019B Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Port Authority.
(c) Interest Rates and Principal Maturities. The Executive or the Fiscal Officer shall execute the Certificate of Award at or prior to the time the Series 2019B Bonds are issued. The Series 2019B Bonds shall bear interest at the annual rate or rates per year, payable on each Interest Payment Date (provided that the Certificate of Award may provide for a delay of not to exceed twelve months in the first Interest Payment Date), and shall mature and be subject to mandatory redemption on May 15 or November 15, or both, in the years and in the principal amounts, all as shall be set forth in the Certificate of Award; provided, that no rate of interest therein specified shall exceed the maximum rate permitted by law. The Certificate of Award shall fix the aggregate principal amount of the Series 2019B Bonds to be issued provided the aggregate principal amount of the Series 2019B Bonds shall not exceed $5,000,000. The Certificate of Award shall fix the maturity or maturities and the optional and mandatory redemption provisions, including any mandatory sinking fund redemption provisions, of the Series 2019B Bonds so as to provide to the Port Authority with the lowest feasible interest cost but within the amount that is reasonably expected to be realized from payments made by the
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Contracting Party under the Series 2019B Agreement. The procedures, credits and conditions for the satisfaction of the mandatory sinking fund requirements shall be as set forth in the Basic Indenture.
(d) Certificate of Award. The terms and provisions set forth in this Section 3 for the Series 2019B Bonds may be altered through a determination made by the Executive or Fiscal Officer in the Certificate of Award. Other terms of the Series 2019B Bonds may be specified in the Certificate of Award or the Series 2019B Supplemental Indenture. All matters determined in the Certificate of Award, as the same may be amended or supplemented, shall be conclusive and binding.
Section 4. Sale of the Series 2019B Bonds; Disclosure Statement. The Series 2019B Bonds shall be sold in a direct sale and are hereby awarded to the Original Purchaser at the purchase price set forth in the Certificate of Award, plus any accrued interest from their date to the date of their delivery and payment therefor. Fees payable in connection with the issuance and sale of the Series 2019B Bonds, including any fees under the Bond Purchase Agreement and any fees of the Port Authority’s Financial Advisor, bond counsel, and disclosure counsel may be paid from the proceeds of the Series 2019B Bonds or other available amounts and are hereby appropriated for that purpose.
The Executive and the Fiscal Officer are directed to make the necessary arrangements on behalf of the Port Authority to establish the date, location, procedure and conditions for the delivery of Series 2019B Bonds to the Original Purchaser. Those officers are further directed to take all actions necessary to effect due execution, authentication and delivery of the Series 2019B Bonds under the terms of this Bond Legislation, the Bond Indenture, the Series 2019B Supplemental Indenture and the Bond Purchase Agreement.
It is determined by this Legislative Authority that the price for and the terms of the Series 2019B Bonds, and the sale thereof, all as provided in this Bond Legislation, the Bond Indenture, the Series 2019B Supplemental Indenture and the Bond Purchase Agreement, are in the best interests of the Port Authority and are in compliance with all legal requirements.
The distribution of a Disclosure Statement of the Port Authority, substantially in the form used in connection with prior Series of Taxable Bonds, relating to the initial sale of the Series 2019B Bonds, but with modifications necessary to reflect the method of sale and the terms of the Series 2019B Bonds, is hereby approved. The Executive, the Fiscal Officer and any other official of the Port Authority are each hereby authorized and directed to complete and execute, on behalf of the Port Authority and in their official capacities, a final Disclosure Statement, which final Disclosure Statement shall be substantially in the form of the preliminary Disclosure Statement if a preliminary Disclosure Statement has been distributed with such modifications, changes and supplements as are necessary or desirable for the purposes thereof as such officers shall approve. Such officers are authorized to use and distribute, or authorize the use and distribution of, any preliminary Disclosure Statement and the final Disclosure Statement and any supplements thereto as so executed in connection with the issuance of the Series 2019B Bonds, and are each authorized and directed to advise the Original Purchaser in writing regarding limitations on the use of any preliminary Disclosure Statement and the final Disclosure
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Statement and any supplements thereto as the officer acting deems necessary or appropriate to protect the interests of the Port Authority. The Executive, the Fiscal Officer, and any other official of the Port Authority are each authorized to execute and deliver, on behalf of the Port Authority and in their official capacities, such certificates in connection with the accuracy of any preliminary Disclosure Statement, the final Disclosure Statement and any supplements thereto as, in their judgment, may be necessary or appropriate.
Section 5. Application of Proceeds of the Series 2019B Bonds. The proceeds of the sale of the Series 2019B Bonds shall be allocated and deposited as set forth in the Certificate of Award.
Section 6. Security for the Series 2019B Bonds. As provided in the Indenture, the Series 2019B Bonds shall be payable solely from the Pledged Revenues and the funds established under the Basic Indenture and shall be secured equally and ratably (i) by an assignment of and a lien on (A) the Special Funds, (B) the Pledged Revenues, and (C) such collateral as may from time to time be assigned, provided, however, that any assignment of or lien on any fund, account, receivables, revenues, money or other intangible property not in the custody of the Trustee shall be valid and enforceable only to the extent permitted by law; and (ii) by the Indenture. Nothing in the Series 2019B Bonds, the Bond Legislation, or the Indenture shall constitute a general obligation, debt or bonded indebtedness of the Port Authority; neither the general resources of the Port Authority shall be required to be used, nor the general credit of the Port Authority pledged, for the performance of any duty under the Series 2019B Bonds, the Bond Legislation, or the Indenture; and, further, nothing therein gives the Holders of the Series 2019B Bonds, and they do not have, the right to have excises or taxes levied by this Legislative Authority, or by the State or the taxing authority of any other political subdivision, for the payment of principal of, redemption premium, if any, and interest on the Series 2019B Bonds, but the Series 2019B Bonds are payable from the Pledged Revenues and the funds established under the Indenture as provided herein and in the Indenture, and each Series 2019B Bond shall contain a statement to that effect; provided, however, that nothing in this Bond Legislation shall be deemed to prohibit the Port Authority, of its own volition, from using to the extent it is lawfully authorized to do so, any other resources or revenues for the fulfillment of any of the terms, conditions or obligations of the Series 2019B Bonds, the Bond Legislation, or the Indenture.
Section 7. Covenants of Port Authority. The Port Authority, by issuance of the Series 2019B Bonds and agrees with the Holders, that:
(a) Use of Proceeds. The Port Authority will use, or cause to be used, the proceeds of the Series 2019B Bonds for the purposes set forth in Section 5 hereof.
(b) Segregation of Funds. The Port Authority will segregate, for accounting purposes, the Pledged Revenues and the funds established under the Indenture from all other revenues and funds of the Port Authority.
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(c) Transcript of Proceedings. The Fiscal Officer, or other appropriate officer of the Port Authority will furnish to the Original Purchaser and to the Trustee a true transcript of proceedings, certified by the Fiscal Officer or other officer, of all proceedings had with reference to the issuance of the Series 2019B Bonds together with such information from the Port Authority’s records as is necessary to determine the regularity and validity of such issuance.
(d) Further Actions and Delivery of Instruments. The Port Authority will, at any and all times, cause to be done all such further acts and things and cause to be executed and delivered all such further instruments as may be necessary to carry out the purpose of the Series 2019B Bonds and this Bond Legislation or as may be required by the Act and will comply with all requirements of law applicable to the Series 2019B Bonds.
(e) Observance and Performance of Agreements and Obligations. The Port Authority will observe and perform all its agreements and obligations provided for by the Series 2019B Bonds, the Bond Legislation and the Indenture. All of the obligations under the Bond Legislation, the Indenture and the Series 2019B Supplemental Indenture, are hereby established as duties specifically enjoined by law and resulting from an office, trust or station upon the Port Authority within the meaning of Ohio Revised Code Section 2731.01.
Section 8. Series 2019B Supplemental Indenture, Series 2019B Agreement, Series 2019B Security Agreements, Lucas County Builds Agreement, Bond Purchase Agreement, Ground Lease, and Project Lease. The Executive and the Fiscal Officer are hereby authorized and directed, for and in the name of the Port Authority and on its behalf, to execute and deliver: (a) the Series 2019B Supplemental Indenture, to secure the payment of the Bond Service Charges on the Series 2019B Bonds; (b) the Series 2019B Agreement, to provide for the loan of moneys to the Contracting Party and the payment by the Contracting Party of loan payments sufficient to pay the Bond Service Charges on the Series 2019B Bonds, any other amounts payable to the Port Authority under the Series 2019B Agreement, and the loan payments due from the Port Authority to Lucas County Builds under the Lucas County Builds Agreement; (c) if determined in the Certificate of Award that the Port Authority shall deliver one or more Series 2019B Security Agreements, the Series 2019B Security Agreements, securing the payment of Bond Service Charges on the Series 2019B Bonds, any other amounts payable to the Port Authority under the Series 2019B Agreement, or the loan payments due from the Port Authority to Lucas County Builds under the Lucas County Builds Agreement; (d) the Lucas County Builds Agreement providing for the loan of up to $1,000,000 by Lucas County Builds to the Port Authority; (e) if the Original Purchaser is not Prudential, the Bond Purchase Agreement, to provide for the sale of the Series 2019B Bonds; (f) the Ground Lease; and (g) the Project Lease; provided, that all such documents shall be in substantially the form used in connection with the issuance of prior Taxable Bonds or otherwise by the Port Authority, with such modifications as are necessary to conform to this Bond Legislation, after approval thereof by the Legal Officer. The forms of the aforesaid documents are approved with such changes therein as are not inconsistent with this Bond Legislation and not substantially adverse to the Port Authority and which are permitted by the Act and shall be approved by the officers executing those documents. The approval of such changes, and that such changes are not substantially adverse
57 May 23, 2019
Meeting of the Board of Directors Agenda Item VII (A) 1
to the Port Authority, shall be conclusively evidenced by the execution of those documents by those officials.
Section 9. Acquiring, Constructing, Developing, Equipping, Improving, and Installing the Series 2019B Project. It is hereby determined by this Legislative Authority that acquiring, constructing, developing, equipping, improving, and installing the Series 2019B Project shall be undertaken by, or at the direction of, the Contracting Party, as provided in the Series 2019B Agreement. This Board hereby authorizes the Executive or the Fiscal Officer, or any of them, to provide the Contracting Party or its nominees with appropriate certificates to support the claim of an exemption from Ohio sales and uses taxes that might otherwise apply with respect to the purchase of building and construction materials incorporated into structures or improvements to real property, within the meaning of Ohio Revised Code Section 5739.02(B)(13), that constitute Series 2019B Project improvements.
Section 10. Other Actions and Documents. The Executive and the Fiscal Officer are each authorized and directed to take such further actions and execute any certifications, financing statements, assignments, agreements, instruments, intercreditor agreements, and other documents that are necessary or appropriate to perfect the assignments contemplated in the Indenture and to consummate the transactions contemplated in this Bond Legislation and the agreements authorized hereby.
Section 11. Severability. Each section of this Bond Legislation and each subdivision or paragraph of each section hereof is hereby declared to be independent and the finding or holding of any section or any subdivision or paragraph of any section thereof to be invalid or void shall not be deemed or held to affect the validity of any other section, subdivision or paragraph of this Bond Legislation.
Section 12. Compliance with Open Meeting Law. It is found and determined that all formal actions of this Legislative Authority concerning and relating to the passage of this Bond Legislation were taken in an open meeting of this Legislative Authority, and that all deliberations of this Legislative Authority and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law.
Section 13. Effective Date. This Bond Legislation shall be in full force and effect upon its passage.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
58 May 23, 2019
Meeting of the Board of Directors Agenda Item VII (A) 1a
Exhibit C
59 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (A) 2
Consider Project Contingency for Waterline and Foreign Trade Zone Buildings
In August and November 2018, the Board of Directors authorized contracts with
Cash Services, LLC and Rudolph-Libbe, Inc., respectively, for the installation of a new
waterline and construction of two (2) new Foreign Trade Zone (FTZ) warehouses at the
Port Authority’s overseas terminal facility (Facility No. 1). The aggregate cost of the
construction projects is $5,231,180. In April of this year, a bond issued through the Ohio
Department of Transportation’s Infrastructure Bank Bond Fund was completed with
$5,231,180 of net proceeds available to fund the project construction costs.
As part of the project funding structure, it is proposed that the Port Authority fund
the cost of any project overruns due to unforeseen conditions encountered during
construction. The waterline project is substantially complete, and the FTZ building
project is anticipated to begin in late spring or early summer and be complete by the
end of 2019. The Finance & Development Committee recommends adoption of the
following resolution appropriating $250,000 from Port Authority Reserves to fund any
project cost overruns for the waterline and Foreign Trade Zone building construction. All
unspent funds from this appropriation will be reimbursed to Reserves upon project
closeout.
60 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (A) 2
RESOLUTION NO. ____
AUTHORIZING PROJECT CONTINGENCY FOR WATERLINE AND FOREIGN TRADE ZONE BUILDINGS
WHEREAS, pursuant to Resolution Nos. 53-18 and 66-18, this Board of Directors authorized contracts with Cash Services, LLC and Rudolph-Libbe, Inc., respectively, for the installation of a new waterline and construction of two (2) new Foreign Trade Zone warehouses at Facility No. 1 (the “Project”); and
WHEREAS, a bond issue through the Ohio Department of Transportation’s Infrastructure Bank Bond Fund (State Infrastructure Bank Bond No. 2019-2) has been completed with $5,231,180 of net proceeds available to fund the Project; and
WHEREAS, it is proposed that the Port Authority fund the cost of any Project overruns due to unforeseen conditions encountered during construction;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That there be and hereby is appropriated from the Port Authority Reserve Fund the sum of $250,000 to pay the costs of any overruns due to unforeseen conditions encountered during the installation of a new waterline and construction of two (2) new Foreign Trade Zone warehouses at Facility No. 1.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
61 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 1
Consider Aviation General Consultant Contract for Airport- related Development Projects
The Federal Aviation Administration (FAA) provides grants to eligible airport
sponsors for approved airport capital improvement projects (ACIP). As part of the grant
process, the FAA specifies the methodology for selection of architectural, engineering,
and planning consultants for eligible grant projects under Advisory Circular 150/5100-
14E. Following the guidelines prescribed in the Advisory Circular, the Port Authority
received Statements of Qualifications from three (3) aviation consulting firms to provide
general aviation consulting services over a five (5)-year period. These firms are Michael
Baker International, Cleveland, Ohio; RS&H Ohio, Maumee, Ohio; and Ghafari,
Dearborn, Michigan.
The following list details some of the projects that have been submitted to the
FAA under the five (5)-year ACIP submittal, and which are anticipated to be started over
the next five (5) years:
• Rehabilitation of Taxiway N – North of Runway 725 – Construct (TOL)
Rehabilitation of Taxiway B – West of Runway 16-34 and TW B6 – Construct (TOL)
• Terminal Passenger Screening Upgrades – Design /Construct (TOL)
• Rehabilitation of Taxiway Delta – Design /Construct (TOL)
• Wildlife Fencing – Construct (TDZ)
• Crack Seal Airfield Pavements -Design/Construct (TDZ)
• Rehabilitation Runway 14-32 – Design (TDZ)
• Planning and Forecast Efforts as Deemed Appropriate (TOL & TDZ)
• Financial Project & Budget Planning
62 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 1
Each of the three firms gave a presentation of their services and qualifications to
Port Authority personnel. RS&H Ohio was determined to be the most responsive firm
with qualifications best meeting the selection criteria. RS&H, Ohio has been the Port
Authority’s general consultant since 2003 and has proven to be a capable and qualified
consultant and has met the expectations and requirements of the Port Authority. In
addition, RS&H Ohio has knowledge and experience at both Toledo Express Airport
and Toledo Executive Airport.
The Planning & Operations Committee recommends adoption of the following
resolution authorizing the President to enter into an aviation general consultant contract
with RS&H Ohio, for a period of five (5) years. The Port Authority would further
negotiate with RS&H Ohio on a project/assignment basis and enter into work orders for
services based on each scope of work.
63 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 1
RESOLUTION NO. ____
AUTHORIZING AVIATION GENERAL CONSULTANT CONTRACT FOR AIRPORT RELATED DEVELOPMENT PROJECTS (RS&H, OHIO)
WHEREAS, the Federal Aviation Administration (the “FAA”) provides grants to eligible airport sponsors for approved airport capital improvement projects; and
WHEREAS, as part of the grant process, the FAA specifies the methodology for selection of architectural, engineering, and planning consultants for eligible grant projects under FAA Advisory Circular 150/5100-14E; and
WHEREAS, following the guidelines prescribed in the Advisory Circular, the Port Authority received statements of qualifications from three (3) aviation consulting firms to provide general aviation consulting services over a five (5)-year period; and
WHEREAS, RS&H Ohio is recommended to be the most responsive firm with qualifications best meeting the selection criteria;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with RS&H Ohio for the for the provision of general aviation consulting services, for a term of five (5) years, which agreement shall be supplemented with a work order for each project and which agreement shall include such other terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Planning, Engineering & Operations.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
64 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 2
Consider Contract to Construct Taxilane at Toledo Executive Airport
It is necessary to construct a 35’ wide asphalt taxilane and an adjacent 40’ by
110’ apron at Toledo Executive Airport to provide access to a proposed new hangar for
plane and vehicle use. The project with Alternates 1 and 2 includes an access drive and
utilities to service the new hangar. The new hanger is not part of this project and will be
built by a 3rd party contracted separately.
The Port Authority received three (3) bids, the lowest of which is over the
$100,000 threshold established by Resolution No. 3-13 and therefore requires Board
approval:
BIDDER & LOCATION BASE BID AMT. ALT. 1 ALT. 2
Geo. Gradel Co. $256,044.95 $87,772.20 $121,658.80 Toledo, OH Henry Bergman, Inc. $263,426.00 $91,988.00 $104,660.00 Genoa, OH
Expercon, LLC $299,260.50 $94,730.50 $126,839.00 Toledo, OH
The lowest responsive and responsible bid received for the construction of the
taxilane at Toledo Executive Airport is recommended to be Geo. Gradel Co. with an
aggregate base bid and Alternate 1 in the amount of $343,817.15, which is over the
engineer’s estimate of $328,000 but less than ten percent (10%) over as allowed by
statute. Geo. Gradel Co. would meet the fifteen percent (15%) minority participation
goal through survey and trucking work.
It is anticipated that ninety percent (90%) of the project cost would be reimbursed
from a future Federal Aviation Administration (FAA) grant and the remaining ten percent
65 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 2
(10%) local share would be funded from Airport Reserves. The Port Authority would
also submit a grant request to the Ohio Department of Transportation (ODOT) Office of
Aviation, for a portion of the local share.
The Planning & Operations Committee recommends adoption of the following
resolution: 1) authorizing the President to enter into a contract with Geo. Gradel, Co. in
an amount not to exceed $343,817.15 and authorizing payment as described above,
including up to an additional ten percent (10%) contingency; and 2) authorizing
acceptance of both the FAA and ODOT Office of Aviation grants related to this project.
The costs of this project will be paid from the previously appropriated grant
reimbursement fund, amounts previously appropriated to pay the local share costs to
extend the taxilane; and an additional $45,000 from Airport Reserves.
66 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 2
RESOLUTION NO. ____
AUTHORIZING CONTRACT TO CONSTRUCT TAXILANE AT TOLEDO EXECUTIVE AIRPORT (GEO. GRADEL CO.)
WHEREAS, it is necessary to construct a 35’ wide asphalt taxilane and an adjacent 40’ by 110’ apron at Toledo Executive Airport (the “Taxilane Project”) to provide access to a proposed new hangar for plane and vehicle use; and
WHEREAS, following standard Port Authority procedures, Geo. Gradel Co. submitted a bid, including Alternate 1, in the amount of $343,817.15, which is recommended to be the lowest responsive and responsible bid received for the Taxilane Project; and
WHEREAS, it is anticipated that ninety percent (90%) of the Taxilane Project cost will be reimbursed from a future Federal Aviation Administration (FAA) grant and a portion of the local share by a grant from the Ohio Department of Transportation (ODOT) Office of Aviation, with the remaining local share to be funded from Airport Reserves;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the bid submitted by Geo. Gradel Co. be and hereby is determined to be the lowest responsive and responsible bid received for the construction of a 35’ wide asphalt taxilane and an adjacent 40’ by 110’ apron at Toledo Executive Airport.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with Geo. Gradel Co. for the Taxilane Project in an amount not to exceed $343,817.15, which agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Planning, Engineering & Operations.
That a portion of the costs of the Taxilane Project in the amount of $378,198.86, which amount includes up to an additional ten percent (10%) contingency, shall be paid from the previously appropriated Grant Reimbursement Fund and amounts previously appropriated pursuant to Resolution No. 72-18.
That there be and hereby is appropriated from the Airport Reserve Fund the sum of $45,000 to pay a portion of the local share costs of Taxilane Project.
That the President as Secretary and Fiscal Officer be and hereby is authorized to apply for and accept grants from the FAA and the ODOT Office of Aviation for the Taxilane Project.
67 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 2
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
68 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 2a
Exhibit D
69 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 3
Consider Contract to Construct T-Hangar at Toledo Executive Airport
Two (2) bids have been received to construct a T-hangar at Toledo Executive
Airport utilizing a pre-engineered galvanized building framing to be constructed on the
existing concrete foundation.
The Port Authority received two (2) bids, the lowest of which is over the $100,000
threshold established by Resolution No. 3-13, and therefore requires Board approval:
BIDDER & LOCATION BASE BID AMT. ALT. 1
Fulfab, Inc. $246,750 $20,200 Canton, OH Rudolph Libbe, Inc. $500,566 $20,869 Walbridge, OH
The lowest responsive and responsible bid received to construct a T-hangar at
Toledo Executive Airport is recommended to be Fulfab, Inc. with a total bid in the
amount of $266,950, which is under the engineer’s base estimate and includes the
Alternate in the amount of $20,200. Fulfab would perform the manufacturing and
installation of all materials included in this project.
The Planning & Operations Committee recommends adoption of the following
resolution authorizing the President to enter into a contract with Fulfab, Inc. in an
amount not to exceed $266,950, the cost of which, including up to an additional ten
percent (10%) contingency, would be paid from the previously appropriated State of
Ohio Infrastructure Bank Loan.
70 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 3
RESOLUTION NO. ___
AUTHORIZING CONTRACT TO CONSTRUCT T-HANGAR AT TOLEDO EXECUTIVE AIRPORT (FULFAB, INC.)
WHEREAS, following standard Port Authority bidding procedures, Fulfab, Inc. submitted a bid, including Alternate 1, in the aggregate amount of $266,950 to construct a T-hangar at Toledo Executive Airport utilizing a pre-engineered galvanized building framing to be constructed on the existing concrete foundation (the “Project”), which bid is recommended to be the lowest responsive and responsible bid received;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the bid submitted by Fulfab, Inc. be and hereby is determined to be the lowest responsive and responsible bid received for construction of a T-hangar at Toledo Executive Airport utilizing a pre-engineered galvanized building framing.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with Fulfab, Inc. for the Project in an amount not to exceed $266,950, which agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Planning, Engineering & Operations.
That the costs of the Project in the amount of $293,645, which amount includes up to an additional ten percent (10%) contingency, shall be paid from State of Ohio Infrastructure Bank as previously appropriated.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
71 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (B) 3a
Exhibit E
72 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 1
Consider Community Economic Development Grant Request from Mareda Center
The Port Authority Board of Directors appropriated $350,000 of proceeds from
the property tax levy for the purpose of providing funds to economic development
projects undertaken by eligible, neighborhood-based organizations in Lucas County.
An application has been submitted by The Mareda Center, a 501(c)(3)
organization, for a grant in the amount of up to $25,000 for costs associated with the
rehabilitation of its building located at 221 Page St. Toledo, OH. The Mareda Center
works with families that are living two hundred to four hundred percent (200-400%)
below the poverty level. There are over five hundred (500) children living in the area
serviced by The Mareda Center.
The Government, Human Resources & Community Relations Committee
recommends adoption of the following resolution authorizing a grant up to $25,000,
$5,000 of which has been matched, for eligible expenses to The Mareda Center from
previously appropriated funds from the Property Tax Fund.
73 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 1
RESOLUTION NO.___
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT TO THE MAREDA CENTER
WHEREAS, pursuant to Resolution No. 71-18, this Board of Directors appropriated $350,000 of proceeds from the property tax levy for the purpose of providing funds to economic development projects undertaken by eligible, neighborhood-based organizations in Lucas County; and
WHEREAS, an application has been submitted by The Mareda Center, which works with families that are living two hundred to four hundred percent (200-400%) below the poverty level, for a grant of up to $25,000 for costs associated with the rehabilitation of its building located at 221 Page St., Toledo, OH.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with The Mareda Center for a grant of up to $25,000 to fund eligible costs associated with the rehabilitation of its building located at 221 Page St., Toledo, OH upon demonstration of a matching $5,000 grant, which grant agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Financing Programs Manager.
That the grant shall be paid from the Property Tax Fund as previously appropriated.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
74 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 1a
Exhibit F
75 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 1a
76 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 1a
77 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 2
Consider Community Economic Development Initiative Grant Request for The University of Toledo Minority Business Development Center
The Port Authority Board of Directors appropriated $350,000 of proceeds from
the property tax levy for the purpose of providing funds to economic development
projects undertaken by eligible, neighborhood-based organizations in Lucas County.
An application has been submitted for a grant in the amount of up to $25,000 by
the University of Toledo Minority Business Development Center (MBDC). The mission
of MBDC is to foster an environment that offers assistance for minority-owned, early-
stage firms. The MBDC supports entrepreneurial and economic development in the
Toledo community by providing office space, training, mentoring, and a network of
professional advisors and has a successful track record of adding significant value to
the minority business community.
The Government, Human Resources & Community Relations Committee
recommends adoption of the following resolution authorizing a grant up to $25,000,
$5,000 of which has been matched, for eligible expenses to the University of Toledo
Minority Business Development Center from previously appropriated funds from the
Property Tax Fund.
78 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 2
RESOLUTION NO.___
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT TO UNIVERSITY OF TOLEDO MINORITY BUSINESS DEVELOPMENT CENTER
WHEREAS, pursuant to Resolution No. 71-18, this Board of Directors appropriated $350,000 of proceeds from the property tax levy for the purpose of providing funds to economic development projects undertaken by eligible, neighborhood-based organizations in Lucas County; and
WHEREAS, an application has been submitted by The University of Toledo Minority Business Development Center for a grant of up to $25,000 to support its entrepreneurial and economic development in the Toledo community through which it provides office space, training, mentoring, and a network of professional advisors;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with The University of Toledo Minority Business Development Center for a grant of up to $25,000 in support of its entrepreneurial and economic development in the Toledo community upon demonstration of a matching $5,000 grant, which grant agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Financing Programs Manager.
That the grant shall be paid from the Property Tax Fund as previously appropriated.
Approved: ______John S. Szuch, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
79 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 2a
Exhibit G
80 May 23, 2019 Meeting of the Board of Directors Agenda Item VII (C) 2a
81 May 23, 2019