Tariffs

I. General The Port Authority reserves the right to provide either directly or licensed crane(s) for stevedore operations on its facilities. As such, when, in the opinion of the Executive Director, the Port Authority is in the position to provide adequate crane(s) for the job to be performed, the Executive Director reserves the right to restrict the use of privately-owned or rented cranes at Port Manatee property except by special permission of the Executive Director.

II. Private Cranes on Port Property In those instances when the Executive Director grants permission for private crane(s) on Port Authority property, the following rules and regulations shall apply:

1. Permission must be received from the Port’s Operations Department in coordination with the Port Engineer to obtain a permit to bring crane(s) on the facilities. Any Port Authority costs to analyze the capability of port docks to accommodate such non-licensed crane(s) shall be at the expense of the requesting party, based on the discretion of the Executive Director.
2. Provide a copy of a valid certificate of unit test covering the crane(s) at the time of applying for the permit.
3. Advance notice must be provided as to when and where the crane(s) will be operating. Such notification must be provided at least the day before actual operations; on Friday for weekend operations or the day before extended holiday periods.

III. Port Authority Furnished Cranes

1. General Purpose Logistec USA Inc. (“Logistec”) has lease rights to the operation of  Port Authority mobile harbor crane(s) at Port Manatee pursuant to agreements between the Port Authority and Logistec dated September 11, 2007 and February 18, 2010, thereby a lessee/licensed Port Authority crane operator, the following will serve the purpose to establish the working terms for the operation of the Port Authority mobile harbor crane(s) for all who will be using the services provided by Logistec:
   • Logistec will provide mobile harbor container crane services when available to shippers, terminal operators, tenants of the port and other users of Port facilities at an hourly rate as described in the rate schedule. Any third party renter of the mobile harbor crane(s) operated by Logistec at Port Manatee must execute Logistec's Cane Rental Indemnity Agreement prior to rental of such crane, verifying its agreement and acceptance of the terms set forth therein and in this tariff.
   • Operating hours for the mobile harbor crane(s) will be from 08:00 to 17:00 Monday to Friday. All other hours will be subject to the overtime rate as specified in the rate schedule. Holiday rate will apply in accordance with the published Port Authority holiday schedule.
   • Crane services will be provided for an initial minimum period of 4 hours.
   • Any and all parties that have not, prior to utilizing the mobile harbor crane service, established credit with Logistec will have to arrange for payment to be made prior to services being rendered.
2. Operating Procedures The operating procedures described below will be adjusted as deemed necessary and should not be interpreted as limited to:
   • The mobile harbor crane(s) when necessary will be moved from berth to berth. Prior to moving the crane(s), Logistec will notify the Port Authority main contact person/department.
   • When necessary, Logistec will require the assistance from Port Authority security in order to assist in moving the crane(s) to different areas of the port. Prior notice will be given to the port in order to have adequate personnel.
3. Crane Rate Schedule Gottwald Mobile Harbor Crane(s) 6407* *Includes operator
   • Crane services for container operation during straight time hours Monday to Friday: $610 per hour.
   • Crane services for container operation during overtime hours: $685 per hour.
   • Crane services for breakbulk cargoes during straight time hours Monday to Friday: $495 per hour.
   • Crane services for breakbulk cargoes during overtime hours: $570 per hour.
   • Crane charges for crane mobilization prior to vessel arrival on south side of port property: 1 hour minimum charge.
   • Crane charges for crane demobilization after completion of operations on south side of port property: 1 hour minimum charge.
   • Crane charges for crane mobilization prior to vessel arrival on north side of port property: 2 hour minimum charge.
   • Crane charges for crane demobilization after completion of operations on north side of port property: 2 hour minimum charge.
   • In the event of mechanical failure on vessels or inclement weather, charges will continue to apply at the current rate at which the crane is subject to. NOTE: Minimum hire period for "small boats" is 2 hours.

Small boat is defined as a vessel with maximum capacity of five TEU's or less Logistec has the right to stop operation of the crane(s) at any time to make repairs that appear to be necessary. Logistec is responsible and liable for injury to or death of any person whomsoever, or damage to or destruction of property of any such person, including employees or property of the Authority, incident to, arising out of operation of cranes, and shall protect, indemnify and save harmless the Authority from and against any and all liability for or in respect of the same or any part thereof.

Nothing contained herein shall, however, be deemed to exculpate or relieve the Authority from liability from negligence of the Authority, its members, officers, employees or agents. Charge for cranes shall begin at the last even hour when the equipment is specified to be ready and shall end at the next even hour when the equipment is turned back to Logistec. When equipment is ready but not used, called for or ordered out, charges shall begin at the time the equipment is specified to be ready. The initial hire period shall be for four (4) hours and hour per hour thereafter. Logistec has the right to designate operating sites for the equipment.

No charges will be assessed for equipment that is reserved but not ordered out providing Logistec has been able to find substitute employment for the equipment for the original reserved time or the reservation has been canceled 24 hours or more prior to the original reserved time. Reservations for cranes are to be made with Logistec for use during normal working days must be made at least 24 hours in advance. Reservations for cranes for use on Saturdays, Sundays or holidays must be made 24 hours in advance, but not later than 3:00 p.m. the last regular working day prior to the Saturday, Sunday or holiday requested starting time.

If the crane(s) cannot be utilized at the time of the original reservation, a set back time may be established, providing the set back time does not infringe on a previously established reservation. Set backs are subject to the following conditions:

1. Only one set back time will be allowed per reservation.
2. A set back time must be requested at least four (4) hours prior to the original reservation time; less than four (4) hours will not be accepted.
3. Should a set back not be granted, due to an infringement on a previous reservation and the crane(s) are not utilized by the person making the original reservation, such person will be responsible for payment of any charges for re rigging or repositioning incurred to make the equipment ready for use at the original reservation time. Reservations for the crane(s) must be made for a specified time, including the time of conclusion.

After the crane(s) begin to work on any job, and the user determines that, through no fault of the user, the job cannot be completed until within four (4) hours after the original time of reservation conclusion, the crane or handling equipment will be made available until conclusion of the job, if Logistec is notified as soon as possible of the new completion time.

When a reservation has been made for use of the equipment and such reservation is canceled four (4) or more hours but less than twenty four (24) hours prior to the reserved starting time, and the operator has been engaged to relocate and /or re rig the equipment, the actual time to relocate and/or re-rig the equipment, at applicable rates, will be assessed. Should however, substitute employment of the equipment be established during this time, no charges will be assessed.

When a reservation has been made for use of the equipment and such reservation is canceled less than four (4) hours prior to the reserved starting time, a cancellation charge of four (4) hours at the applicable per hour rate will be assessed.

If the equipment has traveled to the reserved job site and then canceled, the time actually used to travel to and from the site will be assessed, in addition to the four (4) hour cancellation charge. When a reservation has been made for use of equipment and such reservation is canceled at least twenty four (24) hours prior to the original reservation time on regular working days or at least twenty four (24) hours prior to but not later than 3:00 p.m. on the preceding working day, for Saturday, Sunday or holiday reservations, no charge will be assessed for the cancellation.

A standby charge, at the applicable rate, shall be assessed when the equipment is ordered and available to perform the required work, but is idle, except during the operator's meal times. A one hour meal hour can be taken during the following hours: 11:00 a.m. to 2:00 p.m., 5:00 p.m. to 8:00 p.m., 11:00 p.m. to 2:00 a.m., and 5:00 a.m. to 8:00 a.m. If meal hours are worked by crane operator with no meal break, then the overtime rate will be assessed. Travel time from job site to job site or re rigging for the same user having a consecutive reservation will be charged at the applicable rate for the actual travel or re rigging time.

Credit for breakdown occasioned by mechanical failure of Authority equipment, when not due to misuse, abuse, over loading or carelessness of user, exceeding thirty (30) minutes, on each piece of equipment, will be allowed a credit toward hire. No credit, however, shall be allowed for time lost for any cause, other than mechanical failure of equipment, during which the equipment remains in the possession of the user. In the event of extended delays, the user may return possession of the equipment to Logistec, without further cost, other than actual possession time, subject to the four (4) hour minimum charge. A two (2) hour minimum will be charged when used for purpose of loading/unloading ships’ gear and/or ships’ stores only.

Note: Heavy lifts of 100,000 lbs. or more gross weight, including all required rigging will be charged $.025 per pound in addition to the above hourly charges, except for projects with two or more lifts in excess of 100,000 pounds, the surcharge will be limited to $10,000 per working day, between 8:00am and 5:00pm.