Miss. Admin. Code tit. 28 | Miss. Admin. Code Title 28 — Ports and Airports

GULFPORT STATE PORT AUTHORITY GULFPORT STATE PORT AUTHORITY

Part 301 Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport

28 Miss. Admin. Code Pt. 301, R. 1.1 Description

The Mississippi State Port Authority at Gulfport is the only State owned deepwater seaport, and is one of the most easily accessible ports on the U.S. Gulf of Mexico. The MSPA is responsible for the daily operations of the Port of Gulfport. The ship channel and harbor basin are maintained by the U.S. Army Corps of Engineers, in cooperation with the MSPA, with an authorized minimum project depth of 36 feet. Tidal range averages 1.5 feet, with actual depth influenced by wind direction and force. Masters and owners of deep laden vessels should consult with the Port Authority and Gulfport Pilots Association. The Port facilities include two piers, East and West, mooring pile clusters and extensive open storage areas, with modern concrete and steel shipside and transit shed, container and trailer marshaling areas. On both piers, shipside double marginal tracks are available with multiple rail trackage serving transit sheds.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 1.2 Mission

To be a profitable, self-sufficient Port providing world class maritime terminal service to present and future customers and to facilitate the economic growth of Mississippi through the promotion of international trade.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 1.3 Nautical Coordinates

The location of the MSPA is at latitude 30 degrees 21’ 45” North and longitude 89 degrees 05’ 24” West, on the north shore of the Mississippi Sound. The distance from the sea buoy to the Port is 16 nautical miles.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 1.4 Physical Address

The location of the Mississippi State Port Authority at Gulfport is 30 th Avenue South Extension West Pier, Gulfport, Mississippi 39501. The location of the Administrative Offices of the Mississippi State Port Authority at Gulfport are 2510 14 th Street #1450, Gulfport, Mississippi 39501.

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History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 2 Organizational Structure of MSPA

28 Miss. Admin. Code Pt. 301, R. 2.1 Governance Structure of the MSPA

The Port is governed by the Mississippi State Port Authority Board of Commissioners. The MSPA’s five-member board represents Harrison County and the City of Gulfport and are appointed to staggered, five-year terms. Three members are appointed by the Governor, one by the Harrison County Board of Supervisors, and one by the City of Gulfport.

A. Board of Commissioners. The five-member Board of Commissioners is composed of a President, Vice President, Secretary, Treasurer, and Commissioner.

B. Management. The Executive Management of the MSPA is appointed by the Board of Commissioners, and is composed of: the Executive Director and CEO; the Chief Operating Officer; the Executive Assistant/Human Resources Officer; the Director of Port Restoration; the Chief Commercial Officer; the Deputy Director of Engineering; the Deputy Director of Finance; the Deputy Director of Facilities; and the Deputy Director of Operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 3 Code of Ethics Policy

28 Miss. Admin. Code Pt. 301, R. 3.1 Policy Statement

This Code of Ethics shall apply to all Mississippi State Port Authority (MSPA or Port) Commissioners and employees. As public servants, MSPA Commissioners and employees are responsible for conducting MSPA business solely in the public interest. MSPA, as a State agency, is committed to maintaining the highest level of honesty, ethical conduct, and public trust. Personal integrity is the cornerstone of this Code. Each Commissioner and employee bears primary responsibility to assure that his or her actions are consistent with the highest degree of ethical conduct in all aspects of MSPA related business. This Code serves as a guideline for conduct and should be reviewed in conjunction with the MSPA Policy on Conflicts, Employee Guide, Operations Manual, and the statutes which govern the MSPA. Each Commissioner and employee is expected to read, understand, and abide by each provision contained within this Code of Ethics.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.2 Scope

While the MSPA Code of Ethics is written primarily with Commissioners and employees in mind, contractors, consultants, agents, and any others who may be temporarily assigned to perform work or services on behalf of MSPA shall abide by and be subject to the provisions of the MSPA Code of Ethics. Failure of a MSPA contractor, consultant, agent or any others to follow the

9479638.2 Code may result in termination of their relationship with MSPA. In addition to possible termination, the MSPA reserves the right to pursue any other available legal or equitable remedies. Employees whose active duties with MSPA have been terminated or suspended, but who are still receiving compensation (including paid time off) or benefits from the MSPA, are also expected to comply with the Code of Ethics.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.3 Laws and Regulations

Every MSPA Commissioner, officer and employee shall observe all laws, specifically including but not limited to Miss. Code Ann. §§ 25-4-101 to 25-4-119, and any other regulations that apply to MSPA activities. When in doubt about the interpretation of the law, clarification must be obtained.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.4 Public Trust

No MSPA Commissioner, officer or employee shall use his or her public office or employment for any private gain other than the compensation provided by law.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.5 Conflict of Interest

Every MSPA Commissioner, officer and employee shall avoid conflicts or the appearance of conflicts between his or her private interests and his or her official responsibilities for the MSPA. Each Commissioner shall complete and file with the MSPA’s General Counsel the MSPA’s Ethics and Conflict of Interest Questionnaire and the Mississippi Ethics Commission Statement of Economic Interest. Each employee shall complete and file with the Executive Director the MSPA’s Ethics and Conflict of Interest Questionnaire. Further, each Commissioner and employee shall have the affirmative duty to update his or her responses to the questions therein as reasonably necessary to maintain proper disclosure.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.6 Illegal Payments

No Commissioner, officer or employee shall make illegal payments of any sort to any person or business entity to influence its actions regarding MSPA.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.7 Competitive Bidding Practices

9479638.2 MSPA’s policy is to award business on merit, without favoritism, by securing the best product or service available taking into consideration the best interests of the Port. The Board of Commissioners of the MSPA shall follow both legal and ethical standards when evaluating and committing to purchases, and shall follow legal and ethical bidding practices.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.8 Political Activities

The Board of Commissioners of the MSPA shall not use MSPA funds or assets in support of any political candidate or exert political pressure on employees or vendors. The Board of Commissioners shall ensure that the MSPA does not make political contributions on its own behalf or on the behalf of any other person. A Commissioner seeking an elected or appointed public office shall notify the MSPA’s General Counsel to obtain an opinion whether holding such public office would pose a conflict with serving as a Commissioner of the MSPA. An employee seeking an elected or appointed public office shall notify the MSPA’s Executive Director who shall make such a determination. Commissioners and employees alike shall avoid a conflict or appearance of conflict between the Commissioner’s or employee’s duties to MSPA and duties to another public office.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.9 Fraud Awareness and Prevention

MSPA has a zero tolerance policy for fraud, and shall make a prompt investigation into the substance of all allegedly fraudulent activity. Each Commissioner, officer and employee shall strive to maintain a work environment free of fraudulence, and shall immediately report known or suspected fraudulent activity to the designated authorities pursuant to the MSPA Whistleblower Policy. Under this provision, “fraud” is defined broadly to include any act of deception that is, or could reasonably be expected to, result in personal gain. Fraud includes any situation in which MSPA resources are diverted to a Commissioner, officer or employee, or any respective relative, friend, or associate, without prior authorization, which may also include misappropriation. Fraud may exist whether or not there is actual harm to the MSPA. Commissioners, officers or employees could be subject to progressive discipline up to and including immediate termination or dismissal for actions of fraud. In addition to the provisions contained herein, MSPA reserves the right to pursue any other available legal or equitable remedies for actions of fraud. For more information, please review the provisions contained within the MSPA Whistleblower Policy.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.10 MSPA Resources

The Board of Commissioners shall use the resources of the MSPA, including its funds, property, and the time and talent of its employees, only in the furtherance of MSPA business. The Board of Commissioners, every MSPA officer, and employee shall also strive to protect proprietary information, which is a valuable business asset of the MSPA from unauthorized or

9479638.2 improper disclosure and/or use.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.11 Gifts

No Commissioner, officer or employee shall accept or solicit gifts, preferential loans, travel, entertainment, or other favors that might reasonably be viewed as influencing his or her actions or decisions regarding the MSPA business unless authorized by law. The purpose of this provision is to protect the MSPA’s business reputation and to protect employees from unfounded allegations of improper behavior.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.12 Safe Work Environment

Every Commissioner, officer and employee of the MSPA shall strive to maintain a safe work environment, including one that is free from alcohol and drug abuse and their effects.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.13 Environmental Protection Awareness

Each Commissioner, officer and employee of the MSPA shall strive to conduct the business of the Port in a manner that protects the environment and in accordance with applicable environmental laws and regulations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.14 Fair Employment Practices

No person shall be appointed, hired, promoted, or terminated on the basis of race, color, religion, sex, marital status, physical or mental handicap, national origin, or age. The MSPA shall maintain a work environment free of racial or sexual harassment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.15 Discipline – Employees

Each employee shall be bound by this Code of Ethics is as a condition of employment. A violation of this Code by an employee or refusal to sign the acknowledgment page may result in disciplinary action up to and including suspension from or termination of employment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.16 Discipline - Commissioners

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A violation of this Code by a Commissioner may result in an official reprimand by the MSPA, including termination of appointment, with a letter describing the violation being sent to the public official or public office who appointed the Commissioner to the Port. A violation of this Code by a Commissioner which is also a violation of the State Ethics Laws may result in notification of the State Ethics Commission. A violation of this Code by a Commissioner which is also a violation of any Federal or State law may result in notification of the appropriate enforcement agency.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 3.17 Whistleblower Policy

All Commissioners, officers and employees have a responsibility to ensure that this policy is followed. Concerns and potential violations should be reported to the designated authorities pursuant to the MSPA Whistleblower Policy as further detailed in Chapter 6 of the MSPA Operations and Procedures Manual. Any Commissioner, officer or employee may raise, in good faith, concerns that one of his or her fellow co-workers is in violation of any provision of the MSPA Code of Ethics without fear of retaliation by his or her supervisor or any other Commissioner, officer or employee of MSPA. For more information, please review the provisions contained within the MSPA Whistleblower Policy.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 4 Conflict of Interest Policy

28 Miss. Admin. Code Pt. 301, R. 4.1 Policy Statement

Mississippi State Port Authority Commissioners, officers and employees serve in a position of public trust and shall not use their office or employment for improper personal gain. The MSPA requires that each Commissioner, officer and employee avoid any conflict of interest or the appearance of a conflict of interest between his or her personal interests and the interests of the Port when dealing with suppliers, customers, contractors, and all others doing or seeking to do business with the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.2 Definitions

For purposes of this Chapter, the following definitions apply:

Relative. A “relative” includes any Commissioner’s, officer’s or employee’s spouse, mother, father, children, siblings, mothers-in-law and fathers-in-law, or any other “relative” to a Commissioner, officer or employee identified pursuant to Miss. Code Ann. § 25-4-103.

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History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.3 Identifying a Conflict of Interest

A conflict of interest exists when a Commission’s, officer’s or employee’s duty to give undivided loyalty to MSPA is influenced, or could be influenced, by personal interest. Port Commissioners and employees must ensure that any outside activity or personal interest is kept separate from their position at the MSPA and does not influence their business judgment on the Port’s behalf.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.4 Disclosure

Any Commissioner, officer or employee shall not own, directly or indirectly through a relative, a financial interest or have an association that might be viewed as an interest in any business that does or seeks to do business with the Port or is a competitor of the Port without fully disclosing such interest to the MSPA in writing. Unless inconsistent with other law, no Commissioner, officer or employee shall participate in any decision-making, review, approval, selection, authorization or supervisory activity concerning any contract or MSPA transaction in which he or she has a financial interest without first disclosing such interests to the appropriate personnel and a determination made concerning the matter. Commissioners shall disclose such matters to the MSPA’s General Counsel and officers and employees shall disclose such matters to the Port’s Executive Director. Situations which must be disclosed to the MSPA would include, but are not limited to:

A. A financial interest in any organization which has business dealings with the Port where there is an opportunity for preferential treatment to be given or received;

B. A Commissioner, officer or employee or relative of a Commissioner, officer or employee buying, selling or leasing properties, facilities or equipment from or to the Port or to any entity or individual who is or is seeking to become a contractor, supplier, or customer of the Port; and

C. A Commissioner, officer, employee or relative of a Commissioner, officer or employee serving as officer, director, or consultant with an entity doing or seeking to do business with the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.5 Misuse of Information

No Commissioner, officer or employee shall use or release to a third party any confidential information on decisions, plans, or competitive bids or any confidential information concerning the Port which would be prejudicial or detrimental to the interests of the Port. Much of the information developed by the Port is proprietary and confidential and must be protected. Such information includes, but is not limited to, trade secrets, confidential technology, financial records,

9479638.2 practices, letters, drawings, personnel records and information, computer programs and databases, customer information, matters discussed during Executive Sessions, requests for proposals, proposed or pending real estate transactions, attorney-client privileged communications, attorney work product, and any other matters not subject to public disclosure.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.6 Gifts

Commissioners, officers and employees and their relatives shall not accept or solicit gifts or other special privileges with the understanding that the gifts or other special privileges would influence the action or judgment of the Commissioner, officer or employee in carrying out his or her official duties. Although the acceptance of gifts or other special privileges from those doing or seeking to do business with the Port is highly discouraged, Commissioners, officers, employees, and their relatives may accept non-cash gifts where the total fair market value does not exceed $100 per year from any single source. Under this provision, “single source” means any person, vendor or business partner, whether acting directly or through any agent or other intermediary. Gifts in excess of $100 must be disclosed to and approved by the Executive Director in conjunction with MSPA’s legal counsel.

A. The following are gifts presumed not to influence a Commissioner’s or employee’s action or non-action on any matter and may be accepted without regard to the $100 limit. However, in the event that facts suggest that a gift could influence a business decision, then the MSPA may request that the gift not be offered or accepted.

Unsolicited flowers, plants, and floral arrangements;
Unsolicited advertising or promotional items of nominal value, such as pens and stationary;
Unsolicited items received by an employee for the purpose of evaluation or review, if the employee has no financial or beneficial interest in the eventual use or acquisition of the items by the MSPA;
Food or beverage consumed at hosted receptions where attendance is related to the Commissioner’s, officer’s or employee’s official duties, including admission to, and the costs of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization, provided that where the gift exceeds $100 on a single occasion, the recipient of said gift or other special privilege shall report it to it to the Executive Director, who may also act in cooperation with MSPA’s legal counsel; and
Occasional gifts in the form of food and beverage in the ordinary course of meals where attendance by the Commissioner, officer or employee is related to the performance of official duties. Under this provision, “occasional” means not more than four to six times per year with the same person, vendor, or business partner.

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B. The following are items which are excluded from consideration as a gift and may be accepted by any Commissioner, officer, employee, or respective relative without constituting a violation of this Policy.

Items from family or friends where it is clear that the item was not given as part of any design to gain or maintain influence with the MSPA;
Items related to the outside business of a Port Commissioner, officer or employee that are customary and not related to or implicated by the Commissioner’s, officer’s or employee’s performance of his or her official duties;
Items exchanged among Commissioners, officers or other employees or between Commissioners, officers and employees, or a social event hosted or sponsored by a Commissioner, officer or employee for co-workers;
Items a Commissioner, officer or employee is authorized by law to accept, including, but not limited to, items accepted in accordance with the MSPA’s applicable policies and procedures;
Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade or charitable association or institution; and
Awards, prizes, scholarships, or other items provided in recognition of academic or scientific achievement. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.7 Political Activity

MSPA funds shall not be used for any direct or indirect political contributions. Any Commissioner, officer or employee who considers running for public office or accepting an appointment to public office must first disclose this to the MSPA. When a Commissioner, officer or employee informs MSPA that he or she is running for public office, MSPA’s Executive Director or General Counsel, as appropriate, will review the matter to determine if a conflict exists and if any action is necessary to avoid such conflict. Regardless, such a candidate shall not solicit campaign contributions from MSPA employees or vendors and shall not campaign upon the MSPA’s premises.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.8 Employment of Relatives

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Any person with authority to hire Port personnel shall not appoint or employ a relative or next of kin of a Commissioner, officer or employee unless certain exceptions apply. Certain exceptions may be made to this policy on a case-by-case basis after disclosure and review by the MSPA’s Executive Director or General Counsel, as appropriate, if such an exception serves the best interest of the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 4.9 Emphasis of this Policy

The emphasis of the MSPA Conflict of Interest Policy is disclosure and review of potential conflicts of the MSPA in order to prevent conduct which would reflect unfavorably upon the Port, the Board of Commissioners, and/or its officers and/or employees.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 5 Anti-Harassment and Workplace Violence Policy

28 Miss. Admin. Code Pt. 301, R. 5.1 Policy Statement

The Mississippi State Port Authority at Gulfport is committed to providing a respectful, supportive and productive workplace for all employees that is free of verbal, physical, and visual forms of unlawful harassment and violence or the threat of violence. One of MSPA’s core values is treating co-workers, customers, contractors, vendors and community members with respect. Consistent with that value, the Port does not tolerate unlawful harassment or violence or the threat of violence in the workplace.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 5.2 Scope

This policy applies to all forms of unwelcomed communication or conduct that is personally offensive, which debilitates morale and interferes with work effectiveness. It includes, but is not necessarily limited to, unwelcomed verbal or physical conduct that is derogatory toward any employee because of their age, race, color, religion, national origin/ancestry, disability, Family Medical Leave Act use, pregnancy, sex/gender, sexual orientation, whistleblower status, marital status, military status, use of workers’ compensation, political beliefs, or any other category protected by law. Not all disrespectful activity rises to a level of severity and pervasiveness that would be considered unlawful harassment. However, MSPA strives to eliminate all disrespectful conduct from the workplace. This policy applies to business-related activities that take place outside of the workplace, such as business-related trips, meetings and social events.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 5.3 Harassment Awareness and Prevention

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All Commissioners, officer, employees and other personnel shall take all reasonable precaution to strive to maintain a work environment free of harassment, and shall immediately report known or suspected harassment to the designated authorities pursuant to the MSPA Whistleblower Policy. For more information, please review the provisions contained within the MSPA Whistleblower Policy.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 5.4 Violence Prohibited

MSPA does not tolerate any type of workplace violence committed by or against its employees or personnel. Employees are prohibited from making threats or engaging in violent activities. In the event of an immediate, potentially dangerous situation, employees should promptly contact their direct supervisor, the Office of Security, and the Director of Human Resources.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 5.5 Commitment to Investigate

MSPA will promptly and thoroughly investigate all claims of harassment and/or violence. Complaints will be handled with sensitivity, discretion and confidentially to the extent allowed by the circumstances and the law. In the event prompt remedial action is necessary, MSPA will act in accordance with the terms of this policy and those provided by law.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 6 Whistleblower Policy

28 Miss. Admin. Code Pt. 301, R. 6.1 General Purpose

The Port Authority is committed to conducting its business and affairs honestly and in accordance with federal, state and local laws and regulations and the Port Authority’s internal policies. As such, the Port Authority strives to prevent, detect and swiftly correct any violations of law or policy, whether arising from inadvertence, mistake, lack of information or deliberate misconduct.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.2 Disclosure

To give effect to its commitment, this policy is designed to protect any Port Authority employee who makes a good faith disclosure of potential misconduct to either a designated Port Authority official or public official as described herein below. More specifically this policy:

9479638.2 A. Encourages employees to disclose wrongful conduct engaged in by others to the appropriate official, so that prompt, corrective steps can be taken by the Port Authority;

B. Provides employees with information on how allegations of potential misconduct can be disclosed;

C. Protects employees from reprisal by adverse employment action or retaliation as a result of any employee’s having made a good faith disclosure of potential misconduct;

D. Provides employees who believe they have been subject to any adverse employment action or retaliation as a result of a good faith disclosure of potential misconduct with a prompt, fair process to seek relief; and, further

E. Provides a fair process and protection to any Port Authority employee who is the subject of a report during any resultant investigation.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.3 Supplement Existing Law

This policy is intended to supplement Sections 25-9-171 through 25-9-177 of the Mississippi Code of 1972 (dealing with reports of improper governmental action), and Section 1553 of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (dealing with whistleblowing regarding ARRA funding and whistleblower protections).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.4 Corrective Action

It is the intention of the Port Authority to take whatever action may be necessary to prevent and correct any activities that violate this policy.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.5 Reporting Potential Misconduct (General)

It is important for employees to report good faith concerns using the proper channels in order to ensure entitlement to the protections available under State and Federal law. Port Authority employees, contractors and agents are expected to report good faith concerns about:

A. possible violations of any policy, law, rule or regulation related to Port Authority activities; and

B. the misuse of Port Authority property, resources or authority for personal gain or non- business related purpose.

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History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.6 Reporting Hotline

Employees can address any such concerns to The Network, Inc. at 1-877-452-3671.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.7 Additional Reporting Methods

In addition to the methods outlined above, reports of wrongful conduct under the above paragraph can also be made under State law to the Mississippi Attorney General, State Auditor, Ethics Commission, Joint Legislative Committee on Performance Evaluation and Expenditure Review or any other standing committee of the legislature, or any district attorney of the State of Mississippi.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.8 Reporting Misuse/Abuse of TIGER/ARRA Funding

A. Notwithstanding the above paragraphs, in the event that an employee has a good faith belief that, in relation to TIGER or other ARRA funding, there has been:

gross mismanagement of an agency contract or grant relating to TIGER/ARRA funds;
a gross waste of TIGER/ARRA funds;
a substantial and specific danger to public health or safety related to the implementation or use of TIGER/ARRA funds;
an abuse of authority related to the implementation or use of TIGER/ARRA funds; or
a violation of law, rule, or regulation related to an agency contract or grant awarded or issued relating to TIGER/ARRA funds, such employee should address his or her concerns to The Network, Inc. at 1-877-452-3671.

B. Reports related to TIGER/ARRA funds can also be made to:

the Recovery Accountability and Transparency Board;
an Inspector General;
the Comptroller General;

9479638.2 4. a member of Congress;

a State or Federal regulatory or law enforcement agency;
a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover or terminate misconduct); 7. a court or grand jury;
the head of a Federal agency (or their representatives).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.9 Additional Information

Additional information regarding whistleblower protection related to ARRA funding may be found at http://www.recovery.gov.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.10 Retaliation Prohibited

Any retaliation, harassment or adverse employment consequences, of any kind, against employees for making good faith reports of suspected violations is strictly prohibited. All employees making good faith reports of suspected misconduct should feel safe and protected from retaliation. Retaliation includes, but is not necessarily limited to, reprisal in performance reviews or promotion decisions, discharge, reassignment, demotion, suspension, harassment or other discrimination.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.11 Scope of Protection from Retaliation

Employees need not know the details of a law, rule, regulation or policy or be certain about a violation in order to receive the protection of this policy. Rather, an employee need only have reasonable grounds to believe that a violation has occurred. If an employee is unsure as to whether reasonable grounds exist, it is the Port Authority’s policy that the most appropriate course of action is for the employee to report the concern. Employees are entitled to the full protection of this policy unless a disclosure is proven to have been both unsubstantiated and made with malice or knowledge of its falsity.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.12 Response to Retaliatory Action

The Port Authority will provide all necessary and appropriate support to reporting

9479638.2 employees to ensure that they are treated fairly and are protected against retaliation. Further, the Port Authority will promptly respond to concerns of retaliation or unfair treatment linked to an employee’s reporting of suspected misconduct. Any employee who retaliates against an individual who makes a disclosure protected under this policy is subject to immediate discipline, up to and including termination.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.13 Confidentiality

Employees may make disclosures on a confidential basis either in person or by telephone through the Port Authority’s dedicated reporting line 1-877-452-3671. Any such disclosures will be maintained as confidential to the extent possible, consistent with the need to conduct an adequate investigation, and in accordance with Mississippi and Federal laws.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.14 Protection for Subjects of an Employee Report

Individuals who are subjects of a report will be treated fairly, respectfully, and consistent with all protections set out in Port Authority policy or applicable law.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.15 Post-Report Procedures

Any Port Authority employee with supervisory authority who receives a report of a concern regarding a potential violation of law or policy should promptly refer the matter to the most appropriate office or individual. Reports will be promptly investigated within five (5) calendar days, provided however, that reports involving TIGER/ARRA funding will be investigated within twenty-four (24) hours and appropriate corrective action will be taken if warranted by the investigation.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 6.16 Good Faith Employment Decisions

This revised whistleblower policy shall not in any way prohibit or interfere with good faith, legitimate employment decisions related to any employee.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 7 MSPA Standard Employment Procedures

28 Miss. Admin. Code Pt. 301, R. 7.1 Purpose

9479638.2 The purpose of this instruction is to establish the procedure to be used when announcing position openings, selection method in seeking the most qualified applicants and after selection how they are processed for employment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 7.2 Scope

This instruction defines the process, assigns responsibilities and delineates specific guidelines to be followed in the hiring of new employees. The procedures of this Chapter have been amended and are contained within Part 305 - the “MSPA Personnel Guidelines, Policies, and Procedures” and Part 309 – the “MSPA Port Restoration Section 3 Plan”.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 8 Equal Employment Policy

28 Miss. Admin. Code Pt. 301, R. 8.1 Policy Statement

The Mississippi State Port Authority at Gulfport is an equal opportunity employer throughout the job application and hiring process. MSPA embraces and in fact relies on having a diverse workforce. Every employee has the right to work in surroundings that are free from all forms of unlawful employment discrimination. MSPA will not engage in or tolerate any discrimination in the workplace prohibited by local, state or federal law. Specifically, no employee will be discriminated against on the basis of his or her age, race, color, national origin/ancestry, religion, disability, Family Medical Leave Act use, pregnancy, sex/gender, sexual orientation, whistleblower status, marital status, military status, use of workers’ compensation, political beliefs, or any other category protected by applicable federal, state or local law.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 8.2 Reasonable Accommodations of Disability and Religion

MSPA recognizes that employees and other personnel with physical or mental disabilities may need reasonable accommodations to enable them to perform their essential job functions. The need for such accommodations is made on a case-by-case basis. Generally, the Port and the employee will work together in an interactive process to identify and provide possible accommodations. The employee has an obligation to cooperate with the Port in this process, which may include authorizing the Port to communicate with the employee’s health care providers concerning the employee’s condition, its impact on the employee’s ability to perform necessary job-related functions, and possible reasonable accommodations. MSPA also will generally offer reasonable accommodations for an employee’s sincerely held religious belief that conflicts with a workplace rule, unless doing so would create an undue hardship on MSPA. Employees or other personnel who wish to request reasonable accommodation of a disability or religious belief should contact the Director of Human Resources at (228) 865-4300. MSPA will evaluate each request consistent with those standards provided by law.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 9 Public Access to Public Documents

28 Miss. Admin. Code Pt. 301, R. 9.1 General Purpose

It is the intent of the Mississippi State Port Authority to adopt a procedure for public access to public records pursuant to Mississippi Code Annotated, Section 25-61-1, et seq.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.2 Definitions

For purposes of this procedure, the following definitions apply:

A. Public Records. “Public Records” shall have the same meaning as that term is defined in Mississippi Code Annotated § 25-61-3, as the same may be amended, but the definition shall not include any documents or records specifically declared confidential or privileged or exempted from public access by law or by a decision of a court of this State or the United States.

B. Protected Documents. “Protected Documents” shall mean records furnished to the Port by third parties which contain trade secrets or confidential commercial or financial information.

C. Port. “Port” shall mean the Mississippi State Port Authority at Gulfport.

D. Data Processing Software. “Data Processing Software” shall have the same meaning as that term is defined in the Mississippi Code Annotated § 25-61-3, as the same may be amended, but the definition shall not include any programs or routines used to employ and control the capabilities of data processing hardware specifically declared confidential or privileged or exempted from public access by law or by a decision of a court of this State or the United States.

E. Request. “Request” shall mean a written request to inspect, copy, or obtain reproductions of Public Records, which describes the Public Record in sufficient detail to allow the Port to identify the documents requested. A request shall be considered made when it is actually received by the Port.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.3 Prompt Review of Request

The Port shall promptly review each Request.

9479638.2

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.4 Adequate Description of Request

If the Request does not adequately describe the Public Record(s) being sought or is otherwise ambiguous, written notice to that effect shall be given by the Port Authority to the requesting party. If sufficient clarification regarding the Request is not timely received, the Port will employ its best judgment to determine what Public Records are being requested.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.5 Production of Request

The Port shall produce or deny the requested Public Records no later than seven (7) working days from the date of receipt of Request. If the Port is unable to produce the requested Public Records by the seventh working day after the Request is made, the Port shall provide to the requesting party a written explanation stating that the record will be produced and specifying with particularity why the Request cannot be produced within the seven-day period. In no event shall the Port’s production to a Request be later than fourteen (14) working days from receipt of the original Request by the Port unless there is a mutual agreement between the Port and the requesting party to allow for a longer time period.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.6 Exempt Records

If the Request seeks documents which are exempt from disclosure pursuant to Mississippi Code Annotated §§ 25-61-9, 25-61-11, 25-61-12 or otherwise, the Port shall promptly notify the requesting party in writing that the exempt documents shall not be produced and shall state the specific reasons for the denial. If the Public Records subject to a Request contain both exempt and nonexempt material, the Port shall redact all exempt portions of the Public Records and make the nonexempt portions available for inspection or copying, as appropriate. The Port shall maintain a file of all denials of requests for public records and preserve such denials for three (3) years from the date of each denial, which shall be available for inspection and copying upon written request.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.7 Data Processing Software

If the Request seeks Data Processing Software obtained by the Port under a licensing agreement that prohibits its disclosure and said software is a trade secret or Data Processing Software produced by the Port which is deemed sensitive, as defined under Mississippi Code Annotated § 25-61-9(6), the Port shall promptly notify the requesting party in writing that the exempt Data Processing Software shall not be produced and shall state the specific reasons for the denial. If requested, the Port shall produce any nonexempt records created by said Data Processing Software and any other nonexempt data relied upon in compiling said records.

9479638.2

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.8 Third-Party Notification of Request

If the Request seeks Protected Documents furnished to the Port by a third party, the Port shall notify in writing the requesting party and the third party who furnished the Protected Documents that such documents will be produced to the requesting party if within a reasonable time of receipt of said Request the third party shall not have obtained a court order protecting such records as confidential. The Port shall therefore produce the documents or comply with the court order, as appropriate.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.9 Time, Place, and Fees Related to Production of Request

Whenever documents are to be produced, the Port shall notify the requesting party of the time, place, estimated fees or charges, and method access.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.10 Fees or Charges of Request

The fees or charges shall be the amount reasonably calculated to reimburse the Port for its actual costs of searching, reviewing, duplicating, and mailing, if applicable, the Public Records requested. The cost for searching and reviewing records which may be subject to the Request, shall be based on the actual time expended at the rate of twenty dollars ($20.00) per hour per person performing such work Copies shall be made at the cost of twenty-five cents ($0.25) per page for documents smaller than 11 by 17 inches. The cost of copying documents larger than 11 by 17 inches shall be at the actual reproduction costs plus the actual time of Port personnel to secure such copies. The estimated amount of all such costs shall be paid in advance of the Port’s complying with the Request. If the actual costs differ from the estimate, any overpayment shall be refunded to or any additional costs paid by the requesting party. The Port may require an additional advance deposit calculated to cover the reasonable cost of searching and reviewing documents where such a search and review will require more than one hour. The Port shall have no duty to fulfill the Request until satisfactory fees and charges are received.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 9.11 Custody of Public Records

No Public Records of the Port shall be permitted to leave the custody and control of the Port or its authorized employees or agents.

9479638.2 Part 301 Chapter 10: Rule-Making Policy

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21 and 25-61-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 10.1 Policy Statement

The powers of the Port Authority as set forth in Section 59-l-9 and Section 59-5-21 of the Mississippi Code of 1972 include the power to make and publish all needful rules and regulations to govern the harbor, docks and passes within its jurisdiction. In addition, the Port Authority is empowered to act as port wardens and pilot commissioners, and to perform any and all duties pertaining to such within its jurisdiction, and to fix and prescribe tariffs, fees, fines, penalties and forfeitures for the violations of the rules and regulations of said Port Authority. In conjunction with the exercise of certain rule-making authority, the MSPA must comply with the statutory requirements as set forth in the Mississippi Administrative Procedures Act in Section 25-43-1.101, et seq.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-43-1.101, et seq.

28 Miss. Admin. Code Pt. 301, R. 10.2 Definitions

For purposes of this procedure, the following definitions apply:

A. Rule. “Rule” shall have the same meaning as that term is defined in Mississippi Code Annotated § 25-43-1.102(i), as the same may be amended from time to time.

B. Rule-making. “Rule-making” shall have the same meaning as that term is defined in Mississippi Code Annotated § 25-43-10102(j), as the same may be amended from time to time.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-43-1.101, et seq.

28 Miss. Admin. Code Pt. 301, R. 10.3 Rule-making Procedure

The MSPA may within its discretion solicit advice or opinion on a proposed Rule pursuant to the provisions of Section 25-43-3.101 of the Mississippi Code Annotated. In addition to the above mentioned statute, the MSPA may within its discretion encourage public participation pursuant to Section 25-43-3.104 of the Mississippi Code Annotated, as the same may be amended from time to time.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-43-1.101, et seq.

28 Miss. Admin. Code Pt. 301, R. 10.4 Notice of Proposed Rule Adoption

Upon making a determination to adopt a Rule, the MSPA shall provide notice of said proposed Rule pursuant to Section 25-43-3.103 of the Mississippi Code Annotated, as the same may be amended from time to time.

9479638.2

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-43-1.101, et seq.

28 Miss. Admin. Code Pt. 301, R. 10.5 Adoption of Final Rule

After properly submitting proposed Rules pursuant to Section 25-43-3.103 of the Mississippi Code Annotated, the MSPA shall adopt final Rules consistent with the requirements set forth in Sections 25-43-3.106, et seq.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-43-1.101, et seq.

28 Miss. Admin. Code Pt. 301, R. 10.6 Maintaining a Rule-making Record

The MSPA shall maintain a Rule-making record pursuant to Section 25-43-3.110 of the Mississippi Code Annotated, as the same may be amended from time to time.

History

Source: Miss. Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-43-1.101, et seq.

Chapter 11 Open Meetings Requirement

28 Miss. Admin. Code Pt. 301, R. 11.1 General Purpose

It is the intent of the Mississippi State Port Authority at Gulfport to adopt a procedure to conduct meetings in an open and public manner, and that citizens be advised of and be aware of the decisions and deliberations involving the determination of public policy and public business pursuant to Mississippi Code Annotated, Section 25-41-1, et seq.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.2 Definitions

For purposes of this Chapter, the following definitions apply:

A. Meeting. “Meeting” shall have the same meaning as that term is defined in Mississippi Code Annotated § 25-41-3, as the same may be amended.

B. Executive Session. “Executive Session” shall be limited to those matters allowed to be exempted from the open meetings requirement under Mississippi Code Annotated § 24- 41-7(4), as the same may be amended from time to time.

C. Port. “Port” shall mean the Mississippi State Port Authority at Gulfport.

D. Board. “Board” shall mean the Board of Commissioners of the Mississippi State Port Authority at Gulfport.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.3 Open Meetings Generally Held

9479638.2

The Port shall hold Meetings open to the public at all times unless such Meeting be declared an Executive Session as provided for in Mississippi Code Annotated, § 25-41-7.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.4 Notice

The Port shall provide notice as required by law, including but not limited to Miss. Code Ann. § 25-41-13. The Port shall not be required to provide advance notice of teleconference or video meetings continued to address an emergency as provided in Mississippi Code Annotated § 25-41-5(5) or to include the agenda of a Meeting conducted by teleconference or video means for which proper notice was already given and the purpose of the continued meeting is set during the meeting prior to adjournment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.5 Emergency Meeting

The Port may conduct an emergency Meeting by teleconference or video means, or otherwise provided by law, as often as necessary if an emergency exists and the Board is unable to meet in a regular session. The Port shall state the nature of the emergency Meeting upon the minutes. The Port shall comply with the requirements of notice, minute keeping, recordation, and preservation as related to the emergency Meeting.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.6 Meeting by Teleconference

The Port may conduct any Meeting through teleconference or video means allowing a quorum of the Port, as prescribed by law, to be at different locations for the purpose of conducting the Meeting provided participation is available to the public at one or more public locations specified in the public meeting notice. The Port shall suspend any action taken at the Meeting in the event of any interruption in the teleconference or video broadcast of the Meeting until repairs are made and public access restored. If the Port conducts a Meeting by teleconference, an audio recording of the Meeting shall be retained by the Port. If the Port conducts a Meeting by video means, an audio/visual recording of the Meeting shall be retained by the Port. Any audio or audio/visual recording shall be preserved by the Port for a period of three (3) years following the date of the Meeting and shall be made available to the public at all times therein.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.7 Agenda

The Port make available to the general public at the time of the Meeting an agenda or materials distributed to members of the Port and staff of the Port present at the Meeting.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.8 Opportunity to Address the Board

The Port shall provide the general public attending the Meeting from any designated remote location the opportunity to address the Board just as persons attending the primary or central location.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.9 Conduct During Meeting

The Port may make and enforce reasonable rules and regulations for conduct of persons attending its Meetings in order to avoid disruption. Any person shall be permitted to orderly and respectfully address the Board under the rules and regulations established herein. Any person may be properly excluded from attendance to a Meeting for breach of peace.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.10 Minute Record Keeping

The Port shall keep minutes of all Meetings as required by Mississippi Code Annotated § 25-41-11, showing the members present and absent; the date, time and place of the Meeting; an accurate recording of any final actions taken at such Meeting; and a record, by individual member, of any votes taken; and any other information that the Port requests be included or reflected in the minutes. Votes taken during any Meeting conducted through teleconference or video means shall be recorded by name in roll-call order and included in the minutes. The minutes shall be recorded within a reasonable time not to exceed thirty (30) days after the recess or adjournment and shall be open to public inspection during regular business hours at 2510 14 th Street # 1450, Gulfport, Mississippi 39501.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

28 Miss. Admin. Code Pt. 301, R. 11.11 Executive Session

Any Commissioner of the Port shall have the right to request by motion a closed determination upon the issue of whether or not to declare an Executive Session. Upon an affirmative majority vote of all members present, such Meeting shall be closed for a preliminary determination of the necessity of Executive Session, and the total vote on the question of entering Executive Session shall be recorded and spread upon the minutes. The Port shall not transact any other business until the discussion of the nature of the matter requiring Executive Session has been completed. The reason for holding an Executive Session shall be stated by the Board in an open meeting, and the reason so stated shall be recorded in the minutes of the Meeting. Any effective declaration of Executive Session shall be effective to that particular meeting on that particular day and, the Port shall not use any Executive Session to circumvent or defeat the purposes of

9479638.2 Mississippi Code Annotated § 25-41-1, et seq.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq.

Chapter 12 Purchasing Rules and Guidelines

28 Miss. Admin. Code Pt. 301, R. 12.1 Governing Law

The Mississippi State Port Authority at Gulfport shall follow the public purchasing laws expressed in §§ 31-7-1, et seq. of the Mississippi Code and any applicable provisions of the Mississippi Department of Finance and Administration, Office of Purchasing, Travel and Fleet Management’s Procurement Manual applicable for the purchase of all commodities, equipment and services. In the event any provision herein conflicts with the statutory provisions of §§ 31-7- 1, et seq. of the Mississippi Code, the statutory provisions shall control.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 12.2 Purchase Requisition

Purchase requisition form is completed when an employee signs a request for purchase and a Deputy Director or Director approves the requisition with his/her signature.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-2

28 Miss. Admin. Code Pt. 301, R. 12.3 Solicitation Process

The requisition is presented to the Purchasing Agent who then solicits prices on the goods or services requested.

A. If the price of the good or service is under $5,000.00, then the purchasing agent will place an order with the lower priced vendor and issue a purchase order at that time.

B. If price is over $5,000.00 but less than $50,000.00, two (2) written bids submitted on a vendor’s letterhead or identifiable bid form and signed by authorized personnel representing the vendor must be solicited by Purchasing Agency and approved by the Executive Director. The lowest and best bidder shall be selected.

C. If the price is over $50,000.00, legal advertisement must be placed in the newspaper specifying the goods or services needed according to the advertisement procedures expressed in § 31-7-13(c). After bids have been received by the Port staff, the accepted bid is presented to the Board of Commissioners of the Mississippi State Port Authority for their approval and selection of the lowest and best bidder.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 12.4 Approval of Board

9479638.2

The solicitation and contract for any purchase anticipated to cost $50,000.00 or more shall be approved by the Board of Commissioners prior to advertisement. Any contract over $100,000.00 has to be approved by the Mississippi Development Authority. After approval from the Mississippi Development Authority, the contract will be returned to the Mississippi State Port Authority.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 12.5 Rights of MSPA

Nothing herein shall be construed to be inconsistent with the rights provided to the Mississippi State Port Authority pursuant to § 59-5-37 of the Mississippi Code.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 12.6 CDBG Funds

To the extent U.S. Department of Housing and Urban Development Community Development Block Grant funds are utilized in a procurement, such procurement must fully comply with the applicable requirements set forth in 24 C.F.R. § 84.44 or 85.36, OMB Circulars A-87, A-122, A-21 or A-133.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 13 Bid Protest Procedures

28 Miss. Admin. Code Pt. 301, R. 13.1 Right to Protest

Any actual or prospective bidder, offerer, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Executive Director. The protest shall be submitted in writing within seven (7) days after such aggrieved person knows or should have known of the facts giving rise thereto.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.2 Authority to Resolve Protests

The Executive Director or his designee(s) shall have the authority to settle and resolve a protest of an aggrieved bidder, offerer, or contractor, actual or prospective, concerning the solicitation or award of a contract.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.3 Decision

9479638.2 If the protest is not resolved by mutual agreement, the Executive Director or his designee(s) shall promptly issue a decision in writing. The decision shall:

A. state the reason(s) for the action taken; and

B. inform the protestant of its right to an administrative hearing before the Port Board of Commissioners.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.4 Notice of Decision

A copy of the decision under Rule 13.3 of this Chapter shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.5 Finality of Decision

A decision under Rule 13.3 of this Chapter shall be final and conclusive, unless:

A. fraudulent; or

B. any person adversely affected by the decision appeals administratively to the Board of Commissioners in accordance with Rule 15 below.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.6 Complaint to Procurement Officer

Complainants should seek resolution of their complaints initially with the Procurement Officer or the office that issued the solicitation. Such complaints shall be in writing.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.7 Filing of Protest

Protests shall be made in writing to the Executive Director, and shall be filed in duplicate within seven (7) business days after the protestor knows or should have known of the facts giving rise thereto. A protest is considered filed when received by the Executive Director. Protests filed after the seven (7) day period shall not be considered.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.8 Subject of Protest

9479638.2 Protestors may file a protest on any phase of solicitation or award including, but not limited to, specification preparation, bid solicitation, award, or disclosure of information marked confidential in the bid or offer.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.9 Form

To expedite handling of protests, the envelope should be labeled “Protest.” The written protest shall include as a minimum the following:

A. the name and address of the protestor;

B. appropriate identification of the procurement and if a contract has been awarded, its number;

C. a statement of reasons for the protest; and

D. supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.10 Requested Information; Time for Filing

Any additional information requested by any of the parties should be submitted as expeditiously as possible to promote consideration of the protest. Failure of any party to comply expeditiously with a request for information by the Executive Director may result in resolution of the protest without consideration of any information which is untimely filed pursuant to such request.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.11 Stay of Procurements During Protest

When a protest has been filed within seven (7) days and before an award has been made, the Port Authority shall make no award of the contract until the protest has been settled unless the Executive Director makes a written determination, after consulting with the Board of Commissioners, that the award of the contract without delay is necessary to protect substantial interests of the Port Authority.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.12 Making Information on Protests Available

The Port Authority shall, upon written request, make available to any interested party

9479638.2 information submitted that bears on the substance of the protest except where information is proprietary, confidential, or otherwise permitted or required to be withheld by law or regulation. Persons who wish to keep such information submitted by them confidential should so request by specifically identifying such information within documents submitted, and indicating on the front page of each document that it contains such information. The availability of such information shall be in compliance with the Mississippi Public Records Act of 1983, §§ 25-61-1, et seq. of the Mississippi Code.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.13 Decision by the Executive Director

A decision on a protest shall be made by the Executive Director as expeditiously as possible after receiving all relevant, requested information.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.14 Effect of Judicial or Administrative Proceedings

The Executive Director will refuse to decide any protest when a matter involved is the subject of a proceeding before the Board of Commissioners or has been decided on the merits by the Board. If an action concerning the protest has commenced in court, the Executive Director shall not act on the protest. This subsection shall not apply where the Board or a court requests, expects, or otherwise expresses interest in the decision of the Executive Director.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.15 Appeal of Protest Decision By Executive Director or His Designee(s)

A. Scope. This subsection applies to an appeal addressed to the Board of Commissioners of a decision under Rule 4 above.

B. Time Limitations on Filing a Protest Appeal. The aggrieved person shall file an appeal with the Board of Commissioners within seven (7) days of an adverse decision by the Executive Director or his designee(s) under Rule 4 of this Chapter. It is sufficient for the notice of appeal to be directed to the President of the Board of Commissioners.

C. Decision. The Board of Commissioners shall promptly decide whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation. The proceeding shall be de novo. Any prior determinations by the Executive Director or his designee(s) shall not be final or conclusive.

D. Standard of Review for Factual Issues. A determination of an issue of fact by the Board of Commissioners under this subsection shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.16 Request for Hearing

A contractor or prospective contractor that has appealed a protest decision pursuant to Rule 15 of this Chapter may request a hearing before the Board of Commissioners on the appeal. Such request must be received by the Board of Commissioners at the time the appeal is filed.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.17 Notice of Hearing

If a hearing is requested, the Port Authority shall send a written notice of the time and place of the hearing before the Board of Commissioners.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.18 Authority of Chairman of the Board as Hearing Officer

The Chairman of the Board, as hearing officer, in the conduct of the hearing, has the power, among others, to:

A. hold informal conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding either by consent of the parties or upon such officer’s own motion;

B. require parties to state their positions with respect to the various issues in the proceeding;

C. require parties to produce for examination those relevant witnesses and documents under their control;

D. rule on motions, and other procedural items on matters pending before such officer;

E. regulate the course of the hearing and conduct of participants therein;

F. receive, rule on, exclude, or limit evidence and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious; G. fix time limits for submission of written documents in matters before such officer;

H. impose appropriate sanctions against any party or person failing to obey an order under these procedures, which sanctions may include: I. refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;

J. excluding all testimony of an unresponsive or evasive witness;

9479638.2 K. expelling any party or person from further participation in the hearing; and

L. take official notice of any material fact not appearing in evidence in the record, if such fact is among the traditional matters of judicial notice.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.19 Hearings Procedures

A. Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with applicable due process requirements. The weight to be attached to evidence presented in any particular form will be within the discretion of the hearing officer. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness was present. The hearing officer may require evidence in addition to that offered by the parties.

B. A hearing may be recorded but need not be transcribed except at the request and expense of the contractor or prospective contractor. A record of those present, identification of any written evidence presented, and copies of all written statements and a summary of the hearing shall be sufficient record.

C. Opening statements may be made unless a party waives this right.

D. Witnesses shall testify under oath or affirmation. All witnesses may be cross-examined.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.20 Determination of Hearing Officer; Final Decision

The Chairman of the Board, as hearing officer, shall prepare a written decision regarding the Board of Commissioner’s decision on the appeal as expeditiously as possible. The Board of Commissioner’s final decision shall recite the evidence relied upon. The decision shall be sent promptly to the actual or prospective bidder, offerer, or contractor who is aggrieved.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.21 Determination that Solicitation or Award Violates Law

A solicitation or award may be in violation of the law due to actions of state employees, bidders, offerers, contractors, or other persons. The Executive Director or the Board of Commissioners may determine that a solicitation or contract award is in violation of the provisions of state procurement law or regulations. Any such determination shall be made in writing after an opportunity to be heard is given, and such determination is subject to appropriate appeal.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.22 Remedies Prior to an Award

If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be:

A. canceled; or

B. revised to comply with the law.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.23 Canceling or Revising Solicitation or Proposed Award to Comply with Law

A finding by the Executive Director, after consultation with the Board of Commissioners, that the solicitation or proposed award is in violation of law will constitute a compelling reason to cancel or revise a solicitation or proposed award.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.24 Remedies After an Award

If after an award it is determined that the solicitation or award is in violation of the law, then the contract will be canceled.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.25 Termination

Contracts based on awards or solicitations that were in violation of law shall be terminated at no cost to the Port Authority, except as may be approved by the Board of Commissioners in compliance with state law.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.26 Effect of Declaring a Contract Null and Void

In all cases where a contract is voided, the Port Authority shall endeavor to return those supplies delivered under the contract that have not been used or distributed. No further payments shall be made under the contract and the Port Authority is entitled to recover the greater of: (a) the difference between payments made under the contract and the contractor’s actual costs up until the contract was voided; or (b) the difference between payments under the contract and the value to the Port Authority of the supplies, services, or construction if obtained under the contract. The Port Authority may, in addition, claim damages under any applicable legal theory.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.27 Appeal and Review of Board Decision on Appeal

Any person or party receiving an adverse decision may appeal from a decision by the Board Protest Committee to the designated court or courts of the State.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 13.28 Discontinuance of Contractor’s Appeal

After notice of an appeal to the Board of Commissioners has been filed, a contractor may not discontinue such appeal without prejudice, except as may be authorized by the Board.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 14 Reporting of Oil Spills and Hazardous Chemical Spills

28 Miss. Admin. Code Pt. 301, R. 14.1 Responsibility to Report Incident

All operators and leaseholders at the Port have the legal obligation to notify various agencies of a release of any potentially hazardous substances. In the event a listed hazardous substance or extremely hazardous waste is released, in an amount equal to or exceeding the reportable quantity (Normally one pound), or that substance, the following parties must be notified:

A. State Emergency Response Commission (SERC) which includes DEQ at 1-888-786-0661;

B. Harrison County Civil Defense Office at 228-865-4002;

C. National Response Commission at 1-800-424-8809 (NRC is manned by U.S. Coast Guard personnel who enter reports of pollution and environmental incidents as received and relate each report to an on-scene coordinator (OSC). The operator of a facility is required to report to NRC immediately upon a release or spill of hazardous substances;

D. MSPA at 228-865-4300;

E. U.S. Coast Guard Marine Safety at 1-251-441-5976;

F. Fire and Police Department at 911; and

G. To obtain additional assistance for the most effective handling of such an incident, it is important that you also call CHEMTRAC at 1-800-262-8200.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 14.2 Information to Include When Reporting an Incident

9479638.2 The following information, if available at the time of the report being made, should be included:

A. Name, address and telephone number of the individual reporting the incident;

B. Name of the party or individual responsible for the incident;

C. Mailing address of the responsible party;

D. Telephone number of the responsible party;

E. Date and time the incident occurred or was discovered;

F. Specific location of the incident;

G. Name of the substance spilled or released, if known;

H. Source of the released material;

I. Cause of the release;

J. Total quantity discharged;

K. Was material released into the air, around water or subsurface;

L. Amount released into water;

M. Weather conditions existing at the time of the incident and until the time of reporting;

N. Vessel name, railcar/truck number or other identifying information;

O. Name of carrier;

P. Name and type of injuries or fatalities;

Q. Whether evacuations have occurred;

R. Estimate dollar amount of property damage;

S. Description of clean-up action taken and future plans; and

T. Other agencies you have notified or planned to immediately notify.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 14.3 Penalty for Noncompliance

9479638.2

If the incident poses an immediate crisis as much of the above information as possible should be communicated and it is not necessary to take time to develop all the information prior to calling. As a matter of fact, failure to immediately notify could result in hefty fines being levied against the operator or leaseholder for untimely report. If operators or leaseholders fail to notify the authorities of a release, either are subject to civil penalties of up to $25,000 a day for each day of non-compliance. Repeat offenders can be fined up to $75,000 a day. In addition, criminal penalties may be imposed on any person who knowingly and willfully fails to provide notice.”

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 15 Procedure for Selection of Architectural & Engineering Services.

28 Miss. Admin. Code Pt. 301, R. 15.1 Policy Statement

This operating procedure establishes the guideline procedures for the selection and engagement of outside professional project management, architectural, engineering, design, and construction management services for public works project at the Port of Gulfport that shall cost in excess of $50,000. For purposes of this operating procedure, “public works projects” shall include both new construction and major maintenance projects. The term “public works costs” shall mean the cost of engineering plus the cost of the improvements (construction and maintenance).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 15.2 General Application

This procedure assigns responsibilities and sets forth specific guidelines for the solicitation, evaluation, recommendation, and final selection of professional services to be engaged by the Mississippi State Port Authority.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 15.3 Special Consideration for Projects less than $50,000

For projects that cost less than $50,000, the Executive Director may modify these guidelines to meet the specific project requirements. However, prior to a making a recommendation to the Port Commission, the Executive Director shall have received written proposals from at least three qualified firms.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 15.4 Scope and Application

This operating procedure applies to all Mississippi State Port Authority management personnel involved in the solicitation, evaluation, and recommendation of professional project

9479638.2 management, architectural, engineering, design, and construction management services. Selection of professional services shall be made consistent with Section 73-13-45 of the Mississippi Professionals and Vocation Code.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 15.5 Responsibility

The Executive Director is primarily responsible for the selection process. The Executive Director shall make the final recommendation to the Port Commission. The award of professional services contracts rests with the Mississippi State Port Authority Board of Port Commissioners. All firms engaged to perform project management, architectural, engineering, design, and construction management services shall perform such services in accordance with contract terms and conditions approved by the Port Commission. It shall be the responsibility of all firms seeking work at the Mississippi State Port Authority to be familiar with this Operating Procedure, the Mississippi Professional and Vocation Code, the MSPA Code of Ethics, and the Construction General Conditions.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 15.6 Procedures

The process for solicitation and evaluation of professional services recommended is as follows:

A. RFQ/RFP. Preparation of a Request for Qualifications and Proposal to include, but not be limited to the following information: Project Identification, Project Objective/Goal, Required professional services, Order of Magnitude Cost, Special Provisions, and Selection Criteria. If the project is associated with any previously performed feasibility study, strategic master plan, or special area plan, then a copy of the plan or study approved by the Port Commission shall be provided.

B. Solicitation. Proposals shall be solicited from qualified firms on an industry-wide basis and based upon the disciplines required. The Mississippi State Port Authority shall maintain an active list of firms interested in providing project management, architectural, engineering, design, and construction management on file with the MSPA staff Engineer. Firms seeking to be placed on a list of firms interested in providing services shall complete Standard Form #254 “Architect-Engineer and Related Services Questionnaire”.

Specific Request Projects. For a specific project, a Request for Qualifications and Proposal shall be mailed to firms on the Port Authority’s active list; shall be published in a newspaper of general circulation in Harrison County; shall be distributed to industry clearinghouses related to the specific services needed; and shall be mailed to firms on an industry wide basis who are normally engaged in the disciplined required.

9479638.2 2. Non-Active List Firms. As part of the Request for Qualifications, all firms not on MSPA’s active list, shall provide a list of every job performed over the last three (3) years in the area of discipline being sought that is in excess of $100,000 or an amount comparable to the overall project budget as set by the Executive Director in the solicitation. Failure to disclose such information may be grounds to disqualify the firm.

Cut-Off Date to Respond. A specific cutoff date and time for submitting the required information will be included in the solicitation

C. Selection Criteria. The Executive Director shall be responsible for establishing selection criteria for specific projects.

D. Staff Evaluation. The Port staff will make an independent evaluation of all the firms responding to the Port Authority Request for Qualifications and Proposal for each specific project. The independent evaluation shall include selecting past clients to make inquiries regarding past experience with the firm. Specific questions to be answered are:

Was the quality of work satisfactory?
Was the work perform in a timely manner?
Was the proposed budget for the project met? If not, why?
How were professional fees established for the project? Were the professional fees within the established limits of the project? If not, why?
Are there any potential claims from the contractor, subcontractors, or other vendors related thereto? Are there any threats of litigation related thereto?
Should this firm be recommended for employment again?

E. Ranking of Potential Candidates. Upon completion of the background investigation, the Port staff will review and rank the firms based upon the evaluation factors in this operating procedure and/or those established by the Executive Director in the Request for Proposal for related projects. A written staff evaluation shall be provided to the Executive Director ranking all of the firms in the following categories:

Firms Highly Qualified and Recommended for further consideration.
Firms Qualified for the Related Services
Firms Not Qualified and Not Recommended for further consideration.

F. Recommendation. The Executive Director shall review all the materials related to the staff evaluation. Based upon his independent evaluation, the Executive Director may, in his sole

9479638.2 discretion, alter the ranking of the staff evaluation of the firms’ qualifications and experience to perform the related services.

G. Selection – Phase One. The Executive Director shall select the top firms deserving further consideration. The Executive Director’s finalists shall be reviewed with the Mississippi Development Authority.

H. Selection – Phase Two. Following a review and evaluation, the Executive Director and the Mississippi Development Authority shall submit a joint recommendation to the Board of Port Commissioners for their review and consideration. The Board shall select the principal firm to negotiate a fee contract with and an alternate firm to be negotiated with only if the Executive Director and the selected firm are unable to reach agreement. In submitting the joint recommendation to the Board of Port Commissioners, copies of all submittal and materials that influenced the recommendation shall be provided to the members of the Port Commission.

I. Selection – Phase Three. The Board of Port Commissioners shall review and consider the selection of the firm best qualified and experienced to perform the related services at a regular or special public meeting. The Port Commission shall select the firm and one alternate for the Executive Director to negotiate a professional services contract. All firms that proposed on the project shall be notified of the meeting along with the Executive Director’s recommendation.

J. Modification of Selection Process. Based upon the scope of the project and prior to initiation of the selection process, the Executive Director may with the concurrence of the Port Commission modify the selection process. This operating procedure shall not limit the Board’s decision to invite finalist to appear before them at a regular meeting for further questioning and interviewing. Selection by the Board of Port Commissioners shall be based upon Qualifications and Experience for the related services.

K. Fee Negotiations. Proposed fees shall not be entered into the selection process. Upon selection by the Board of Port Commissioners of the best qualified and experience firm, negotiations shall be undertaken by the Port Authority’s Executive Director. Fees may be negotiated either on a fixed fee, time and materials with a cost not to exceed, or percentage of contract cost basis.

If during the fee negotiations, the Executive Director declares an impasse between the firm selected and the Management, the Port Commission may direct the Executive Director to resolve the impasse on specific terms and conditions or may direct the Executive Director to initiate negotiations with the alternate firm.

L. Contract Provisions. All terms and conditions of the professional services contract shall be consistent with the Request for Proposal and Qualifications. The proposed fee schedule shall be consistent with local standards for related type of services within the State of Mississippi. The contract terms and conditions shall be consistent with the terms and conditions of the Port’s Construction General Conditions.

9479638.2

M. Engineering Firm Supervision Requirement. All engineering services shall include provisions that requires a representative firm to be present at the job site for critical phases of the work (i.e. cover-up work such as the pouring of reinforced concrete) to insure that the contractor is complying with the construction specifications of the project. All engineering firms engaged in construction management firms shall sign a certificate stating that the project was “constructed in full compliance with the Plans and Specifications of the Construction Contract”

N. Interpretation. All administrative interpretation of these procedures shall be made by the Executive Director. Nothing in this operating procedure shall prohibit the procedures for selection of project management, architectural, engineering, design, and construction management services to be modified to meet specific project requirements. It shall be the responsibility of the Executive Director to identify all changes and modifications to these operating procedures prior to official solicitation of the proposal.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 16 Sign Approval & Placement.

28 Miss. Admin. Code Pt. 301, R. 16.1 Purpose

The purpose of this procedure is to establish control and regulate the placement of signs of all types within the boundaries of the port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.2 Scope

In keeping with this purpose and intent, this ordinance is designed to permit only such signs as will not, by their reason, size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger public health, safety, and morals; and to permit and regulate signs in such a manner as to support and complement land-use objectives in such a fashion that high standards for the visual environment within all areas of the port are developed and maintained.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.3 Definitions and City of Gulfport Comprehensive Sign Ordinance, March 1987

The Mississippi State Port Authority has adopted by reference and incorporated herein provisions of the City of Gulfport Comprehensive Sign Ordinance, March 1987, as amended from time to time, as follows:

A. Section II Definitions;

9479638.2 B. Section IV. Signs Permitted in General Business, Light Industrial and Heavy Industrial Districts;

C. Section V. Prohibited Signs;

D. Section VI. Construction Specifications; and

E. Section VII. Exempt Signs.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.4 Conflict between Authorities

In the event of a conflict between the City of Gulfport Comprehensive Sign Ordinance and this procedure, the policies of the City of Gulfport shall prevail. In all cases where the City of Gulfport must issue a permit for a sign to be placed on property of the Mississippi State Port Authority at Gulfport, the applicants shall submit application to the City of Gulfport independently from the application submitted to the Port Authority. It shall be the applicant’s sole responsibility to determine if a City permit is required.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.5 Permits

Except as otherwise provided in this procedure, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign on the Port of Gulfport or cause the same to be done, without first obtaining a sign permit for each such sign from the Port Authority as required by this procedure. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with requirements of this ordinance on the date of its adoption unless and until the sign is altered or in any manner whatsoever, except as provided herein above, or is relocated to another location at the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.6 Application for Permit

Application for a permit shall be made to the Port Authority and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the City of Gulfport Sign Ordinance including, but not limited to:

A. Name and address of owner of the sign;

B. Name and address of owner or the person in possession of the premises where the sign is

9479638.2 located or to be located;

C. Clear and legible drawings with descriptions and normal dimensions, showing location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same premises;

D. If required by the City of Gulfport Sign Ordinance, an approved permit from the City of Gulfport issued in accordance with the City’s sign ordinance; and

E. Application for permit shall be filed with the Deputy Director of Engineering, Mississippi State Port Authority at Gulfport, together with a permit fee of $50.00.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.7 Issuance of Permit

The Port Authority shall issue a permit when the permit application is properly made and approved by the Board of Commissioners of the Mississippi State Port Authority at a regularly scheduled meeting of that body. When a permit is denied, suspended or revoked, written notice shall be given stating the reason therefore.

A. Duration of Permit. All permits shall be for a one year period and shall be renewed not later than thirty (30) days prior to the expiration date.

B. Renewal Fees. Unless a sign is to be modified, altered, or replaced, there shall be no renewal fee for the extension of the permit for an additional year. If modification, alteration, or replacement is requested then the applicant shall file a new application and pay a new permit fee.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.8 Notification to MSPA

The person locating, erecting, altering or relocating a sign shall notify the Port Authority’s engineer immediately upon completion of the work for which permits are required. The Port’s engineer shall inspect and have the authority to order the repair, alteration or removal of signs.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.9 Inspection

All free-standing signs shall be subject to a footing inspection and all signs to a final electrical inspection by a Qualified Inspector. Applicant shall reimburse the Port Authority for all costs associated with footing and electrical inspection.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.10 Maintenance

Every sign on the Port, excluding building and window signs, including but not limited to those signs, for which permits, or for which no permits are required, shall be maintained in good structural condition at all times at the sole cost and expense of the applicant.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.11 Signs Declared Unlawful

The Port Authority’s Executive Director may declare any sign unlawful if it endangers public safety for reason, including but not limited to, improper placement or location, inadequate maintenance, dilapidation or abandonment. Any such declaration shall state the reasons that the sign constitutes a safety hazard to the general public. The Port Authority’s Executive Director may declare any such sign to be unlawful, and such declaration shall state, in writing, the reason or reasons why such sign and the keeping, owning, maintenance, construction, and display or operation thereof, is unlawful under the terms of this procedure.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.12 Signs Permitted

Permitted signs shall be those signs permitted under Section 4.3 of the “City of Gulfport Comprehensive Sign Ordinance” covering General-Business, Light-Industrial and Heavy Industrial Districts. All provisions of this Section 4.3 shall apply.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.13 Prohibited Signs

Prohibited signs shall be those signs prohibited under Section V of the “City of Gulfport Comprehensive Sign Ordinance. All provisions of Section V shall apply.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.14 Construction Specifications

Construction Specifications shall be the same as those set forth in Section VI of the “City of Gulfport Comprehensive Sign Ordinance”. All provisions of this Section VI shall apply.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.15 Exempt Signs

Exempt signs shall be the same as those set forth in Sections 7.1 (a) thru (c) and 7.2 (a)

9479638.2 thru (p) of the “City of Gulfport Comprehensive Sign Ordinance.”

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.16 Removal and Disposition of Signs

All signs shall be maintained in a safe, presentable and good structural material condition at all times. Abandoned, dangerous, defective, or unlawful signs may be removed or required to be removed upon giving 30-days’ notice to the owner. All removal and disposition of signs shall be at the sole cost and expense of applicant and/or person responsible for the placement of the sign.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 16.17 Administration

All administrative interpretations of this policy and procedure shall be made by the Executive Director. The Executive Director shall designate a representative to monitor, inspect and enforce the provisions of this procedure. The duties and responsibilities of the Authority’s representative shall include, but not be limited to the following:

A. Examine all applications for permits for erection of signs, authorize the continued use of signs which conform with the requirements of this ordinance, record and file all applications for permits with any accompanying plans and documents, make an annual inspection of all signs on the Port and make such reports as the Port may require.

B. If any sign has been constructed or erected or is being maintained in violation of the provisions of the procedure, promptly notify the owner or lessor thereof in writing.

C. Keep the Executive Director advised of all applications, violations, and inspections.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 17 Use of Alcohol or Controlled Substance(s).

28 Miss. Admin. Code Pt. 301, R. 17.1 Policy Statement

This instruction promulgates standard Port policy and procedures concerning the use of alcoholic beverages and the use, transport, and/or sale of controlled substances on Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.2 Scope

This instruction defines an alcoholic beverage as any substance/liquid containing alcohol, malted or brewed, which, when consumed may result in an altered sense of awareness.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.3 Definition

This instruction defines “controlled substance” as any substance which is under the control of “controlled substance(s)” legislation and which, when consumed, may result in an altered sense of awareness, and which is not directed for use by competent medical authorities.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.4 Application

This instruction applies to any person on, employed on, or conducting commerce on State Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.5 Responsibility of Enforcement

The Captain of Security, employees of the Port’s security department, MSPA officials, MSPA employees, and managers of commercial/firms operating on Port property are responsible to ensure compliance with the provisions of this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.6 Authority

Schedule of Charges, Rules, and Regulations for Port Terminal Services, Items 102 and 220.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.7 Possession Strictly Prohibited

The possession and/or consumption of alcoholic beverages and illegal drugs (controlled substances) on Port property and within Port facilities is prohibited.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.8 Persons Denied Entry

Persons attempting entry onto the Port, obviously under the influence of alcohol or in an obvious altered state of awareness will be denied. Any resistance to this stipulation will result in an immediate call to Gulfport Police Department for assistance.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.9 Expulsion from Premises

Persons found within the confines of the Port Industrial Area (fenced areas of the East and West Piers) either consuming or under the influence of alcohol or in an altered state of awareness will be expelled from these areas.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-2

28 Miss. Admin. Code Pt. 301, R. 17.10 Operating Machinery or Equipment Strictly Prohibited

Person found operating vehicles or machinery while obviously under the influence of alcohol or in an altered state of awareness will be reported to:

A. foreman;

B. employer; or

C. Deputy Director of Operations immediately for corrective action/expulsion from the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.11 Recordkeeping of Violations

All violations will be recorded and forwarded to the Port Dock Superintendent for possible continuing action, on an irregularity report.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 17.12 Serious Infractions/Repeat Offenders

Serious infractions involving damage to property/endangerment of life, and repeat offenders will be reported by the Port Operations to the Port’s Executive Offices for possible suspension/barring from Port facilities.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 18 Port Security - Job Description(s) and Duties (Generalized).

28 Miss. Admin. Code Pt. 301, R. 18.1 Purpose

This instruction is to establish general job descriptions and requirements for the Security Department at the Mississippi State Port Authority at Gulfport, MS.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 18.2 Scope

This instruction defines generalized position descriptions, job requirements, and the scope of responsibility for specific positions within the Security Department, also referred to within this and other instructions as Port Security, to promulgate an efficient, effective department in support of Port security and operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 18.3 Application

This instruction is applicable to contract agencies, both present and future, providing contract security advisement and service to the Mississippi State Port Authority at Gulfport.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 18.4 Responsibility

Contracting security agencies are responsible to be familiar and comply with the contents of this instruction. Personal equipment and supplies, unless otherwise specified in this instruction or as covered in contractual agreement, provided to Security Department employees, as well as care and maintenance of said equipment/supplies rests solely with the contracting Agency.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 18.5 Authority

Specific procedures and authority to discharge these procedures are contained in this Operations and Procedures Manual.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 18.6 Organizational Structure of the Contract Security Department

Security Department is organized under a headquarters section staffed by the Captain of Security and Sergeant of Security, and a guard section staffed to cover three permanent entry/exit Gate Guard posts and two Security Vehicle Screeners. General job descriptions and requirements for these positions, as well as the Radio-Telephone Operator are as follows:

A. Job Title: Captain of Security

Captain of Security – Position Description:

(a) Manages a guard force of an average of twenty one (21) security officers in the day-to-day activities of providing physical security and radio

9479638.2 operations/dispatcher services to the Mississippi State Port Authority at Gulfport. Responds to security irregularities/incidents. Investigates circumstances surrounding irregularities. Prepares concise irregularity/incident reports for State Port Authority. Conducts continual evaluations of State Port physical security programs and submits security program recommendations to State Port Authority on an as needed basis. Actively supports State Port officials in the safe berthing/sailing of marine vessels. Actively supports State Port officials in the smooth operation of Port activities. Provides short notice security guard capabilities to the State Port on an as needed basis.

(b) Schedules security officers for duty and assigns security officers to guard posts. Resolves personnel matters of security guards as related to duty performance and job assignments. Manages payroll of assigned security persons (contract security only).

(c) Acts as senior radio operator/dispatcher for the State Port. Continually evaluates assigned radio operators/dispatchers for compliance with State Port and FCC radio operation requirements. Certifies newly assigned radio operators/dispatchers.

(d) Maintains mutually supporting, cooperative relationship with local law enforcement agencies such as Homeland Security, which includes USCG Sector Mobile, Customs Border Protection (CBP), Transportation Security Administration (TSA) and local drug enforcement agencies as well as the U. S. Coast Guard - Gulfport Station.

(e) Actively resolves physical security problems to the greatest extent possible or refers unresolved problems to State Port Authority for justification.

(f) Develops, schedules, and conducts training of assigned security off- cars/supervisors on an as needed basis, to include: State Port physical layout, State Port Physical Security Programs, specialized security officer training, first-aid and Cardiopulmonary Resuscitation (CPR), as well as water oriented lifesaving procedures. Develops training programs oriented to safe handling of hazardous cargo as applicable to physical security officers on an as needed basis. Develops, schedules and conducts traffic control training of assigned security officers, on an as needed basis.

(g) Maintains a mutually supportive, cooperative relationship with commercial agencies operating on the Port.

(h) Provides a source of primary physical security assessment/evaluation to the State Port Authority, and other agencies actively engaged in commerce on the Port.

9479638.2 (i) Provides constant physical security coverage to the State Port during nonbusiness/holiday hours.

(j) Performs other physical security duties at the direction of the State Port Authority.

Captain of Security – Job Requirements:

(a) Applicant must possess a minimum of one (1) year practical experience as a security manager/supervisor. Previous experiences as an executive level manager may be substituted for the requirement upon approval of State Port Authority.

(b) Applicant must possess a working knowledge of Port and maritime operations. Applicant must possess working knowledge of Limited Coast Radio Station operations, to include practical knowledge of FCC regulations and limitations.

(c) Applicant must possess a minimum of three (3) years personnel management experience. Applicant must demonstrate ability to schedule employees for duty and to react to short notice requirements for additional security officers. Prior experience in administration of employee payroll programs is desirable.

(d) Applicant must possess normal color vision and normal hearing. Applicant may not possess any physical incapacities which may adversely affect normal duty requirements. Applicant may be required to produce evidence of a physical examination/evaluation at the request of State Port Authority (contract security only).

(e) Applicant must possess a current Mississippi Operator’s Permit and not have pending or current conviction(s) on driver’s records which are drug or alcohol related, or, which reflect an unsafe driving attitude. Prior training of experience in operating emergency response vehicles is desirable. Successful completion of an accredited defensive driving course may be substituted for this requirement.

(f) Applicant may not possess a felony-oriented criminal record, pending or previous.

(g) Applicant must possess the capability to conduct training needs assessments, determine job requirements, develop physical security and traffic control on-the-job training programs, and conduct on-the-job training for newly assigned security persons. Applicant must possess practical experience in administrative management.

9479638.2 (h) Applicant must have a minimum of a high school education.

Captain of Security - Related Job Requirements:

(a) Successful completion of an accredited management school is desirable; however, three (3) years of upper level management experience may be substituted for this requirement.

(b) Applicant must be prepared to provide certification of ability to perform all assigned duties under minimum direct supervision. The acceptability of this certification rests solely with executive managers of the State Port Authority.

(c) Applicant must possess a minimum of one (1) year developing and conducting on-the-job training programs. Acceptability of this experience rests solely with executive managers of the State Port Authority.

(d) Applicant must possess a minimum of one (1) year practical experience in the development and administration of physical security training programs

B. Job Title: Sergeant of Security

Position Description - Sergeant of Security

Supervises a contract guard force of approximately five (5) security officers providing physical security as well as radio-telephone communications service to the Mississippi State Port Authority at Gulfport. Responds to security irregularities/incidents, vehicle accidents, and disturbances. Prepares CONCISE irregularities/incident reports. Identifies potential physical security shortfalls to the Chief of Security. Assists in and acquires berthing applications on an “as needed” basis. Ensures smooth operations thru effective traffic control and marshaling of vehicles on an “as needed” basis. Acts as senior radio operator during assigned watch. Ensures strict compliance with FCC guidelines concerning operation of a limited maritime radio-telephone station. Ensures compliance with Port directives concerning “call out” of Port employees during non-business hours. Ensures compliance with Port directives concerning proper maintenance and documentation of radio log(s). Ensures proper accountability and issue/receipt procedures for Port keys. Performs other activities at the direction of the Captain of Security in support of Port activities.

Job Requirements - Sergeant of Security

Potential Watch Supervisor(s) must possess a minimum of one (1) year, port oriented physical security officer experience, must be capable of direct supervision and scheduling personnel, must possess working knowledge of Port and maritime operations as well as working knowledge of a limited coast radio station operations,

9479638.2 to include practical knowledge of FCC coast radio station regulations and limitations. Successful applicant must possess normal color vision and normal hearing. Job incumbent may not have physical malady(s) which may adversely impact the discharge of normal duties and job oriented requirements. Incumbent must possess a current Mississippi Operator’s Permit. Incumbent may not have not have drug/alcohol related convictions. Incumbent must possess the minimum of a high school education.

Related Job Requirement(s) - Sergeant of Security

Potential Security officers may be required to undergo a limited medical (Physical) examination, at the expense of the contractor, and provide results of said examination to MSPA upon request.

C. Job Title: Radio-Telephone (Communications) Officer

Position Description - Radio-Telephone Officer

Maintain constant watch over MSPA radio emergency (hail & distress) radio Channel 16 and State Port Channel 10. Responds to ships calling the Port on Channel 16. Coordinates with concerned State Port Agencies on ship’s requirements. Relays messages and information to marine vessels, coordinates ship movement requirements, i.e linehandlers, tug boats assistance identifying assigned berths, etc, and relays information to incoming marine vessels. Coordinates “in port” vessel needs/requirements with concerned State Port and ancillary marine support agencies. Maintains radio operations log(s). Maintains Daily Ship Report log. Dispatches MSPA linehandlers in support of ship’s movements during nonbusiness hours. Maintains watch over Port fire alarm system, security cameras and notifies Port Operations or the Captain of Security for response guidance. Receives documents, and distributes Gulfport Pilot tickets and Gulfport Towing tickets to concerned MSPA and other commercial agencies. Maintains watch over Port freezer alarm system and dispatches response team(s) to alarm location(s). Provides marine radio support services to Gulfport Pilot Association and ship’s agents on an as needed basis. Provides Port Security radio desk/dispatcher services. Maintains constant watch over Port Security radio Channel 3. Dispatches security response member. Coordinates immediate response actions with Port Security Watch Supervisor and local law enforcement agencies

Job Requirements - Radio-Telephone Officer

(a) Successful radio operator/dispatcher must possess a minimum of a high school education and write legible. Persons fulfilling this position must speak clearly/distinctively without speech impediment. Applicant must possess normal color vision. Applicant must also possess a working knowledge of marine radio operations, to include marine jargon/terminology as well as a working knowledge of FCC regulations

9479638.2 concerning operation of a limited coast radio station. Applicant must possess working knowledge of Port and marine ship movement requirements.

(b) Successful applicant must possess good communicative skills and be able to retain/relay complex information between a variety of Port and ancillary support agencies.

Related Job Requirements - Radio-Telephone Officer

(a) Applicant must be able to perform all assigned duties under periods of stress with minimum supervision.

(b) Prior experience as a radio-telephone operator may be substituted for knowledge of Port requirements.

(c) Applicant must successfully complete a minimum of fourteen (14) days of on the job training and be certified by the MSPA Contract Captain of Security prior to being assigned full time duties in this position.

Education/Training Requirements - Radio-Telephone Officer

FCC Radio Operator’s Certificate is desirable, however, not mandatory.

Supervision - Radio-Telephone Officer

Persons fulfilling this position receive direct supervision from the Captain of Security and indirect supervision from Sergeant of Security during nonbusiness hours.

D. Job Title: Security Officer

Position Description - Security Officer

(a) This position consists of three (3) permanent guard posts (West Gate, East Gate and North Gate located at the Mississippi State Port Authority, Gulfport, Mississippi.

(b) West Guard Gate: Provides physical security and entry/exit control over the West Pier, MSPA Directs inbound traffic to vendors, visitors and commercial traffic to concerned agencies on the West Pier. Obtains dock releases/receipts from outbound traffic for deliveries to MSPA officials. Conducts vehicle inspections(s) of outbound traffic to preclude unauthorized removal (pilferage) of cargo, equipment, and supplies. Detains person(s) suspect of unauthorized removal (pilferage) from exiting West Pier unit proper authorities have cleared the person/vehicle or directed

9479638.2 assistance from Gulfport Police Department. Assists the Chief of Security in traffic control on West Pier as needed. Performs other security oriented functions at the discretion of the Chief of Security in concert with MSPA.

(c) East Gate Guard: Provides physical security and entry/exit control over the East Pier of the MSPA. Directs inbound traffic to facilities on the East Pier. Detains person(s) suspect of unauthorized removal (pilferage) from exiting East Pier until proper authorities have cleared the person/vehicle or directed assistance from Gulfport Police Department. Performs traffic control duties at the direction of Chief of Security. Performs other security oriented functions at the discretion of Captain of Security in concert with MSPA officials.

Job Requirement(s) - Security Officer

West Gate, East Gate, North Gate: Persons performing these duties must be a minimum of twenty one (21) years of age and must not possess a record of criminal (felony) convictions active or pending. Persons performing these duties must possess a high school, or equivalent, education. Although these are unarmed positions, the ability to possess a “weapons card” is considered highly desirable. Persons performing, or being considered for these positions may be required to undergo a medical (physical) examination, at the expense of the contracting agency, to ensure the absence of malady which may be restrictive to the performance of assigned duties, the results of which may be requested by MSPA officials.

Other Job requirement(s) - Security Officer

(a) Persons filling these positions must demonstrate the ability to deal with the general public and to “neutralize” potentially disruptive occurrences without the use of force. Persons filling these positions will be placed on probationary employment at the State Port until they successfully complete a period of training/orientation on State Port facilities and requirements, to include CPR and first aid (buddy care) training, as well as traffic control/direction procedures.

(b) Screening/Search Security Officers are required to screen vehicles as mandated by the MSPA Facility Security Plan. Screening/Searching can be defined as searching through vehicles prior to access to the Port’s Restricted/Secure areas. The officers are searching for weapons, incendiary devices, illegal drugs, etc. Persons performing these duties must be must be a minimum of 21 years of age and must not possess a criminal (felony) record, whether or not active or pending. Persons performing these duties must possess a high school education or an equivalent thereof. Although these are unarmed positions, the ability to possess a weapon card is considered highly desirable. Persons performing, or being considered for these positions may be required to undergo a medical and/or physical

9479638.2 examination, at the expense of the contracting agency, to ensure the absence of condition which may be restrictive to the performance of assigned duties, the results of these examinations may be requested by MSPA officials.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 19 Visitor Control

28 Miss. Admin. Code Pt. 301, R. 19.1 Purpose

Only authorized persons engaged in port and related vessel activities are permitted within the fenced areas of the Port Loitering, fishing, is strictly prohibited. Trespassers are subject to immediate expulsion from these areas and persons resisting expulsion are subject to arrest by local law enforcement agencies.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.2 Procedures – Generally

This instruction establishes standard procedures for the Port Security Department in control and identification of visitors entering the fenced area of the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.3 Scope

This instruction defines areas of responsibility and outlines procedures to be followed to ensure the control of visitors to the State Port of Gulfport, Mississippi.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.4 Application

This instruction is applicable to all commercial and MSPA agencies operating or performing port oriented operations within the fenced areas of the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.5 Responsibilities

The Captain of Security is responsible to ensure total compliance with the provision of this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.6 Pilferage Prevention

9479638.2

Because of the inherent security problems and potential pilferage of cargo associated with Port operations and maritime port activities, the identification and control of visitors entering the fenced areas of the Port is essential.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.7 Port of Gulfport Access Limited

The Port Contract Captain of Security and all members of the Port Security Department staffing the Port of Gulfport entry/exit accesses will limit access to those persons having a legitimate, official need to enter the Port. All persons requesting entrance onto the Port of Gulfport shall be required to possess a Transportation Worker Identification Credential (TWIC).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.8 Certain Vehicles Exempt

Vehicles displaying the MSPA decal on their windshields are acknowledged to having official business on the Premises but are still required to possess a TWIC card and are subject to searched upon entry. Law enforcement officials at the State and Local levels are not required to possess a TWIC card to gain unescorted access to Restricted/Secure areas at the Port of Gulfport.

First Responders at the State or Local levels are not required to possess a TWIC in order to gain unescorted access to Restricted/Secure areas during an emergency situation. They may, however, voluntarily obtain a TWIC where their offices fall within or where they desire frequent unescorted access to a restricted/secure area of a vessel, facility in a non-emergency situation.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 and 33 CFR 101.514

28 Miss. Admin. Code Pt. 301, R. 19.9 Limited Access of Visitors

Casual visitors, i.e. sightseers, tourists, etc., are strictly prohibited from unescorted entry into the Port’s Restricted/Secure area(s).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.10 Access of Media and Press

Members of the news media must obtain permission from and be cleared by MSPA officials prior to being granted access to the Port. If properly granted access, media and press personnel must be escorted at all times while on Port Property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.11 Visitors of Vessels

9479638.2

All persons desiring entrance to the Port for the purpose of visiting a vessel (except those identified under Rule 8 above) must produce proof of authorization to board the vessel, produce proof of identity, TWIC card and “sign-in” in the Visitors Control Log maintained at the West Gate. Proof of authorization to board the vessel is a letter/pass signed by a member of the ship’s officer component or by the ship’s agent/stevedore responsible for the vessel’s cargo movement. Said proof of authorization will be surrendered to the gate guard and forwarded to Port Operations the next business day.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 19.12 Visitors to Longshoremen

Visitors to longshoremen (non-emergency) will be required to wait outside the fenced area. The security roving patrol will contact the dock foreman and advise the longshoreman of the visitor.

Visitors to longshoremen to make deliveries, i.e. food, clothing, etc.:

A. During business hours/cargo movement being accomplished the visitor will be required to wait outside the fenced area and the Security Supervisor will advise the dock foreman of the visitor’s presence at the gate.

B. Unless exempted under Rule 8 above, no one will be allowed access to the Port for the purpose of serving legal writs, summons, etc. Persons desiring contact with an individual on the Port for-said purpose(s) are required to wait outside the fenced area. The Security Supervisor will notify persons subject to such action(s) they have a visitor, however, will not identify the visitor or the purpose.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 20 Traffic Control (Vehicles)

28 Miss. Admin. Code Pt. 301, R. 20.1 Purpose

This instruction promulgates standard speed limits on the State Port at Gulfport Mississippi.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.2 Scope

This instruction establishes safe speed zones and limits on the Port and provides authority to the Port Security Department to enforce speed limits on the Port.

9479638.2 Rule 20.3 Application

This instruction is applicable to all agencies, commercial and State Port Authority, as well as all persons visiting or conducting business on the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.4 Responsibility

A. All MSPA officials and employees witnessing violations of the contents of this instruction are responsible to report said incidents to the Port Security Department. B. The Captain of Security/Facility security Officer, working in concert with security department employees, is responsible to ensure compliance with the Provisions of this instruction. C. The Dock Superintendent is responsible for the review of reports generated as the result of this instruction and to forward appropriate (repeat offender) reports to the Deputy Director of Operations/Facility Security Officer for possible further action. D. The Port Executive Director is the final arbiter of this instruction and reviews reports (repeat offenders) for possible administrative action(s).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.5 Authority

Schedule of Charges, Rules, and Regulations for Port Terminal Services, Items 190, 198, 212, and 214.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.6 Speed Limits Strictly Enforced

Because the inherent safety factors of operating a Port Industrial cargo movement facility, and to afford the best possible safe working environment on the Port the speed at which vehicles travel on the Port must be strictly controlled. Therefore, the State Port Authority has established the following speed limits:

A. Routine traffic throughways: 20 MPH, unless otherwise posted.

B. Docks, warehouse aprons, and roadways between warehouses: 10 MPH.

C. Areas where persons are actively engaged in dockside cargo movement operations: 5 MPH.

D. Open storage area: 15 MPH

E. Whereas the aforementioned limits are considered maximum speed limits, all vehicle operators entering congested work/traffic areas are enjoined to reduce their speed to a

9479638.2 lower, safer limit.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.7 Duty to Report Speeding Violations

MSPA officials/employees, as well as any Port user observing a vehicle exceeding maximum allowable speed limit(s) on the Port are to report their observations to the Port Security Department. This requirement applies equally to any vehicle observed operating in such a manner so as to pose a hazard to persons, cargo movement operations or facilities on the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.8 Enforcement

Vehicles entering the Port at excessive speed(s) will be stopped by the Port Security Department Gate Guard and cautioned to observe Port speed limits. Repeat offenders will be reported, by the gate guard, to the Captain of Security/MSPA Facility Security Officer on duty.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.9 Identifying Violators

The Captain of Security/MSPA Facility Security Officer will make a concentrated effort to positively identify offenders of this instruction and:

A. First time offenders. Caution the driver and document the incident in the form of an irregularity report.

B. Repeat offenders. Inform the driver a “repeat offense” report is being documented and forwarded to the Deputy Director of Operations. If possible stern administrative actions. (NOTE: Reports in such instances will be prepared to include reference to previous incident report.)

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.10 Review of Speeding Reports by Deputy Director of Operations

The Port Operations will review all reports addressing speeding hazardous vehicle operations on the Port with emphasis in reports concerning repeat offenders. Repeat offender reports shall be forwarded to the Deputy Director of Operations, with suitable recommendation for a formal warning, suspension of driving privileges, permanent barring from driving on the Port, etc.

9479638.2 Rule 20.11 Review of Speeding Reports by Commission

The Deputy Director of Operations reviews all reports concerning repeat/habitual offenders and determines justification to initiate administrative action(s) against the offender. Should a formal warning be justified, the offender will be notified, in writing over the Executive Director’s signature. Should temporary or permanent suspension of driving privilege(s) be justified, the item will be included as an agenda item for the next Port Commissioners meeting where final determination will be made.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.12 Notice of Suspension of Driving Privilege

Persons being considered for temporary or permanent driving suspension will be advised of the Port Commissioners’ determination and afforded five (5) working days to provide mitigating circumstances to justify reconsideration. Failure to respond within five (5) days will result in the enactment of the Port Commissioner’s decision without further advisement.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.13 Violator’s Vehicle Prohibited Access

In all cases addressed in Rules 1 thru 12, this instruction, suspension of driving privileges is restricted to the persons operating a private vehicle on the Port and may include restriction(s) enacted against the person’s vehicle itself.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 20.14 Commercial Agency’s Vehicle

Cases involving the use of a commercial agency’s vehicle, to include cargo movement equipment, will be addressed to the concerned commercial agency by the Deputy Director for final determination, using the general procedures contained in this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 21 Parking of Personal Vehicles.

28 Miss. Admin. Code Pt. 301, R. 21.1 Policy Statement

Parking of personal vehicles in unauthorized areas is a matter of daily concern, particularly in congested work areas and dockside. Safety and security considerations are obvious. Incidents of lost time resulting from vehicles blocking operations increase costs and require immediate resolution.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 21.2 Parking Area

The Stevedore, having obtained prior approval from Port Operations, will regulate parking during their particular operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 21.3 Personal Vehicle on Dockside Area Prohibited

No personal vehicles will be allowed on dockside or in cargo handling areas. The Stevedore will regulate vehicles during their operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 21.4 Parking on Dockside or Cargo Handling Areas Prohibited

Dockside, as well as parking in cargo handling areas, is prohibited. Vehicles found parked in these areas will be cited and may be required to show just cause as to why they should not be restricted from entering the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 21.5 MSPA Not Responsible for Damage to Vehicle Occurring in Prohibited Areas

Vehicles must be kept clear of cargo operations at all times. In no way does this imply Port liability for damage to vehicles, nor any additional costs incurred by unauthorized vehicles impeding cargo operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-2

28 Miss. Admin. Code Pt. 301, R. 21.6 Additional Parking Prohibitions

Under no circumstances will vehicles be parked in Fire Lanes or so as to be an obstruction to cargo movement, or impede free passage of Port Operations and Security Vehicles. Under no circumstances is a vehicle to be parked, unattended, within 20 feet of the Port gantries, or on the tracks servicing these apparatus. Vehicles found parked and impeding the safe, free movement of these apparatus may be cited and removed at the owner’s expense.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 21.7 Penalty for Violations

All vehicles that are found parked in unauthorized areas as well as vehicles blocking Port operations and Fire Lanes will be cited and may be towed at the owner’s expense.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 22 Port Tours.

28 Miss. Admin. Code Pt. 301, R. 22.1 Scheduling

Tours for the Port of Gulfport will be scheduled in the following manner:

A. All requests for tours will be processed through the Business Development Office. Coordination for tours will be handled by the Administrative Assistant at 228-865-4300.

B. Tours will be conducted by the Executive Director, or his designee, who will stay with the group during their visit inside the Port Restricted/Secure areas.

C. Contact: Operations Manager 865-4317

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 23 Control of Weapons, Firearms and Explosive Devices.

28 Miss. Admin. Code Pt. 301, R. 23.1 Purpose

This instruction addresses the Port’s policy on weapons control on Port property for the purpose of this instruction, “Port property” encompasses the areas bordered on the West by the sand beach seawall to the eastward boundary of 29th Avenue and extends southward from Highway 90 to the southernmost waterlines and includes the former Commercial Small Craft Harbor as well as the Administrative Offices of the Mississippi State Port Authority at Gulfport are 2510 14th Street #1450, Gulfport, Mississippi 39501

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.2 Scope

This instruction establishes the Port’s policy on the possession and transport of weapons on Port property and provides the Port Security Department the authority to enforce its edicts.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.3 Application

This instruction is applicable to all persons and agencies employed on traversing through, or engaged in the conduct of commerce on State Port property. This instruction does not apply to Federal, County, and State law enforcement agencies.

9479638.2 Rule 23.4 Responsibility

The Captain of Security and all employees of the Port Security Department as well as State employees and officials are responsible to ensure strict compliance with this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.5 Authority

Schedule of Charges; Rules, and Regulations for Port Terminal Services, Paragraph 2, Item 154 and Item 187.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.6 Possession of Firearm Prohibited

It is unlawful for any person to possess on, or carry, openly or concealed, any gun; rifle, pistol, explosive cartridge, explosive device or powerful explosive as defined in U.S.C.G. 14-284.1 while employed on or conducting business on Port property without the prior, express written approval of MSPA officials.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.7 Possession of Certain Knives Prohibited

It is unlawful for any person to possess on, or carry, openly or concealed, any fixed blade knife exceeding five (5) inches in length, any spring or percussion activated knife, dirk, or dagger while employed on or conducting commerce on Port property. Non-fixed blade knives, less than five (5) inches in length, and bladed tools designed expressly for the purpose c-of material handling/preparation are permitted; however, the use of these devices for other than their designed purposes is prohibited.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.8 Possession of Other Dischargeable Weapons Prohibited

It is unlawful for any person to possess on, or carry, openly or concealed, any sling shot; or flighted, dischargeable device, etc. while employed on or conducting commerce on Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.9 Possession of Other Melee Weapons Prohibited

It is unlawful for any person to possess or carry, openly or concealed any leaded cane blackjack, metallic knuckles, club, whip, or any other device of like kind designed as a weapon or

9479638.2 intended to be used as weapon, whether offensive or defensive, while employed, on, or conducting commerce on Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.10 Possession of Explosives Prohibited

It is unlawful for any person to discharge or cause the discharge of any explosive device; firearm or similar like device on Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.11 Permission to Use Certain Explosives

Persons or agencies requiring the use of charged and/or explosive cartridge activated devices must obtain prior, written permission from the Deputy Director of Operations prior employing said or like devices on Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.12 Penalty for Violators of this Policy

Persons attempting entry onto or found on Port property in violation of the contents of this instruction will be subject to:

A. Denial of entry by Security members.

B. Immediate expulsion from the confines of Port property by Security members.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.13 Reporting Requirement

All such incidents will be reported by the Security Department to Port Operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 23.14 Armed Agents Prohibited

Commercial agencies/firearms located on Port property, and employing outside or internal security agents are enjoined against arming said agent and must obtain prior, express permission from the Deputy Director of Operations prior to armies their agents. In all cases the Port is faultless from any incident involving the use of a weapon/firearm by agents under the employment of any outside agency.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 24 Unilateral Port Security/Local and Federal Law Enforcement.

28 Miss. Admin. Code Pt. 301, R. 24.1 Purpose

This instruction establishes guidelines in the unilateral jurisdictions role of the Port Security Department and its relationship with local law enforcement and federal agencies. It also establishes standard procedures in the use of these agencies by Port Security Officers.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.2 Scope

This instruction identifies local and federal law enforcement agencies to be contacted for assistance by the Port Security Department in the promulgation of the Port’s mission to protect resources, personnel, and property and in ensuring the edicts of local, state, and federal laws are enforced.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.3 Application

This instruction is applicable to all members of the Port’s Security Department.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.4 Responsibility

The Captain of Security, as well as Port Operations, is responsible to ensure the provisions of this instruction are strictly complied with.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.5 Authority

Schedule of Charges, Rules, and Regulations for Port Terminal Services, Items 154 and 187.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.6 Importance of Maintaining Rapport with Other Enforcement Agencies

Because of the uniqueness of the Mississippi State Port Authority at Gulfport in servicing United States and foreign flag vessels, as well as a mixture of cargo and passenger bearing vessels, and its commercial fishing fleet, it is necessary that the Port Security Department maintain a mutually supportive rapport with local as well as federal law enforcement agencies.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.7 Unarmed Officer Requirement

Neither the Captain of Security nor any member of the Port Security Department performs his or her duties “under arm”. Any member of the Port Security Department found to be armed will be reported by MSPA officials to the general manager of the contracting agency providing security services to the Port with the recommendation said member be summarily removed from service of the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.8 Requesting Assistance of Gulfport Police Department

The Captain of Security, as well as Sergeant of Security, acting in concert with the Captain and under the Captain’s guidance, are empowered to request the assistance of the Gulfport Police Department under the following conditions:

A. Suspected or actual use, transport, or sale of controlled substances, or any incident in which the use of controlled substance is suspected.

B. Any incident involving the use, implied or actual, or display of a firearm.

C. Any incident, i.e. confrontation, which resulted in personal injury or the damage to personal or Port property.

D. Any incident or threat, violent or potentially violent.

E. Any larceny committed on Port property.

F. Any incident involving battery against a member of the Security Department.

G. Minor, nonviolent incidents will be referred to a member of the MSPA staff with a request for MSPA intervention.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.9 Requesting the Assistance of U.S

Customs

Port Security Supervisory Officers may request the assistance of the U.S. Customs Department, Gulfport, to resolve actual instances of seamen or persons working on Port property attempting to import foreign goods into the United States and being detained at any of the Port’s entry/exit gates. Persons suspected of such activities will be identified in confidential irregularity reports and referred to MSPA officials for guidance.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.10 Requesting the Assistance of U.S

Border Patrol

Port Security Supervisory Officers may request the assistance of the U.S. Border Patrol under the following circumstances:

A. A known foreign seaman departing the Port known not to have U.S. Immigration Documents on his/her person

B. A previously identified quarantined seaman attempting to or actually departing the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.11 Reporting Incidents Involving Foreign Seamen

All minor conflicts between Port Security members and foreign national seamen will be referred on incident reports to the MSPA Deputy Director of Operations for resolution.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.12 Reporting Incidents with Foreign Flag Vessels

All minor incidents involving foreign seamen and/or agents of foreign flag vessels will be reported on incident reports to the MSPA Deputy Director of Operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.13 Short-Range Requests for Assistance by Local and Federal Authorities

Requests from local and federal law enforcement agencies to the Port Security Department for immediate short range assistance will be honored. However, the MSPA Deputy Director of Operations will be apprised of the request at the earliest possible opportunity.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.14 Long-Range Requests for Assistance by Local and Federal Authorities

All requests for non-urgent, long range assistance from local and federal law enforcement agencies to the Port Security Department will be referred by the Security Officer receiving the request to the MSPA Director of Operations for review and approval prior to being honored.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 24.15 Access to Port Facilities by Local and Federal Law Enforcement Agencies

9479638.2 Port Authority Department persons staffing entry/exit control points shall not challenge Law Enforcement on official duty but will notify Port Operations.

These agencies include Gulfport Police Department, Mississippi Highway Patrol, Harrison County Sheriff’s Department, and Customs Border Patrol Management.

A. Members of these departments driving marked vehicles will be granted unchallenged access to Port property while on official duty.

B. Members of these departments identifying themselves after being challenged and driving unmarked vehicles will be granted access to Port property without further questioning. MSPA Deputy Director of Operations and the Facility Security Officer shall be notified as soon as practical as to the presence of any officer on-site.

C. Vehicles being operated by members of these departments are exempt from all inspection when departing Port property.

D. Members of these departments are granted total authority to bear arms without question while on Port property.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 25 Dock Releases/Receipts (General).

28 Miss. Admin. Code Pt. 301, R. 25.1 Purpose

This instruction promulgates procedures for the issuance of dock releases and/or receipts by all agencies housing/storing cargo, equipment, supplies, etc., within the industrial area of the Mississippi State Port Authority at Gulfport.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.2 Scope

This instruction defines the industrial areas of the Mississippi State Port as the fenced areas of the North, East and West Piers.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.3 Application

This instruction is applicable to all commercial agencies housing/storing cargo, equipment, supplies, etc., within the industrial area of the Mississippi State Port Authority at Gulfport and the Port Security Department.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.4 Responsibilities

Managers of commercial agencies operating within the industrial areas of the Port are responsible to ensure compliance with the provisions of this instruction. The Captain of Security, working in concert with the MSPA Port Operations Manager, is responsible to enforce the provisions of this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.5 Authority

Schedule of Charges. Rules, and Regulations for Port Terminal Services, Items 154 and 187.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.6 Liability for Release/Receipts

All agencies housing/storing cargo, equipment, supplies, etc., within the industrial area of the Mississippi State Port Authority at Gulfport will be held liable for the design, control, and issue of dock release/receipt documents.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.7 Design Requirements

The design of said documents is left to the discretion of the agent, however, must include the firm’s logo/name, commodity, storage location, date, and signature of person issuing the release. Said agencies will further be held liable to provide a list of authorized signature elements within their organization to the Captain of Security, a copy of which will also be provided by the concerned agency to the Port Operations/MSPA.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.8 Implementation and Filing of Policies by Agency

Agencies housing/storing cargo equipment, supplies, etc. within the industrial area of the State Port Authority at Gulfport will develop and implement policies/procedures to ensure the internal control and protection of their dock release/receipts, and to ensure currency of their signature authority letter(s) on file with the Captain of Security and MSPA Deputy Director of Operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.9 Removal of Materials from Industrial Area

9479638.2

Agencies housing/storing cargo equipment, supplies, etc., will ensure the removal of said material from the industrial area of the Mississippi State Port Authority at Gulfport is authorized by and covered under the issuance of an authorized dock release/receipt for presentation to Port Security guards as gate passes authorizing removal of the material.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.10 Receipts Required for Presentation

All agencies receiving cargo or storage on the Port will issue dock receipts for presentation to Port Security at the Entry/Exit Access Gate. Said receipts must indicate type and amount of cargo, and storage location. Agencies releasing empty containers will issue dock receipts on the container marked “empty.”

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.11 Verification by MSPA Gate Guards

Port Security gate guards will ensure the accuracy of and collect dock release/receipts prior to allowing the removal of equipment, cargo, supplies, etc., housed/stored within the industrial area of the Port. This review procedure includes the verification of the signature element authorizing said removal. All attempts to remove material from the Port without proper documentation will result in the denial of exit and return of the vehicle to the storage location for proper documentation.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.12 Resolving Conflicts

Should a conflict arise between this instruction and the removal of material from the Port, the concerned agency manager will be contacted by Port Security to resolve the conflict. Vehicles attempting to depart the Port Industrial area without proper authorization, yet unwilling to return to obtain proper documentation, will be detained at the Entry/Exit Access Gate by Port Security, who will contact the concerned agency manager and request the manager come to the gate and resolve the conflict. Unresolved conflicts will be reported to the MSPA Deputy Director of Operations by Port Security, with a request for assistance in resolving the conflict.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.13 Special Recordkeeping

Port Security gate guards collect and ensure delivery of release documentation for Port Operations the next business day. The implementation of special records and logs, covering specific commodities housed/stored on the Port Industrial area, by Port Security, may be directed by the Chief of Security upon the council, request, and/or consent of the Port’s Operations

9479638.2 Manager. Said special records and logs, however, must be fully justified to meet a particular situation/circumstance and not duplicate other records/logs being maintained on the commodity.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 25.14 Oversight of Captain of Security

The Captain of Security will provide a source of guidance and information to MSPA officials, as well as commercial agencies operating on the Port concerning the provisions of this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 26 Verification of Ship Chandler Licenses.

28 Miss. Admin. Code Pt. 301, R. 26.1 Purpose

This instruction provides standardized verification procedures by the Port Security Department to ensure the authorization of commercial agencies providing ship chandler services on the Mississippi State Port at Gulfport, Mississippi.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.2 Scope

This instruction defines “ship chandler” as any agency providing supplies and services to any vessel docked/berthed at any pier within the confines of the Mississippi State Port Authority Industrial Area. This instruction excludes commercial agencies providing supplies and/or services to administrative offices confined within the Port’s Industrial Area from requirement to possess said licenses.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.3 Application

This instruction is applicable to members of the Port Security Department, as well as to any MSPA employee/official who witness the recurring activities of an agency which could be defined as being ship chandler oriented.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.4 Responsibilities

A. Reporting Unauthorized Use of License. All MSPA employees suspecting the unauthorized activity of a ship chandler are responsible to report said activity to the Chief of Security/Security Watch Supervisor for Investigation/resolution.

9479638.2

B. Implementation. The Captain of Security/MSPA Port Operations is responsible for implementing the provisions of this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.5 Authority

Schedule of Charges, Rules, and Regulations for Port Terminal Services, Items 154, 158 and 187.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.6 Administrative Support

Port Operations, working in concert with the Port Administrative Office, will provide to the Captain of Security the following administrative support material in support of this instruction:

A. A current listing of agencies licensed to provide ship chandler services on the Port; and

B. A ready supply of Ship Chandler Information Packages to be issued to agencies found operating in violation of Item 162 Schedule of Charges, Rules and Regulations for Port Terminal Services Mississippi State Port at Gulfport.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.7 On-Site Enforcement Authority

Port Operations, working in concert with and under the advisement of the Deputy Director of Operations, retains on-site authority to determine authorization/exclusion of commercial agencies found in violation of Item 162, Schedule of Charges, Rules, and Regulations for Terminal Services Mississippi State Port Authority at Gulfport and will provide advisement/guidance to the Port Security Department.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.8 Guard Outpost Reporting Requirement

Port Security officers staffing the Entry/Exit Access Gates will consult the current listing of ship chandlers posted by the Captain of Security at each guard house when passing supply and services oriented vehicles through their guard post. These persons will advise the Captain of Security of any commercial agency entering the Port to provide chandler services, suspect to being in violation of Item 162, Schedule of Charges, Rules, and Regulations for Terminal Services - Mississippi State Port Authority at Gulfport.

NOTE: Port Security officers do not have the authority to arbitrarily bar or deny entry of

9479638.2 chandler/services oriented vehicle to Port/Shipside facilities except upon the explicit written directions of the MSPA Deputy Director of Operations. This restriction applies to and is extended to include the Port’s Captain of Security.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 26.9 MSPA Response to Violations

Upon advisement, by either a Port Security gate officer or a member of the MSPA staff of suspected activities in violation of Item 162, Schedule of Charges, Rules, and Regulations for Terminal Services--Mississippi State Port Authority at Gulfport, the Chief of Security/Security Watch Supervisor will:

A. Determine the validity of the commercial agency to conduct chandler oriented services on the Port by consulting the current listing of chandler’s licenses

B. Issue a “Ship Chandler Information” package to drivers of vehicles whose agency is found to be in violation of Item 162. Document said issuance on the registry of information packages for future reference as required. (FIRST VIOLATION)

C. Issue a “Ship Chandler Information” package marked “2nd Warning” to drivers of vehicles whose agency is found to be in violation of Item 162. Orally caution the driver that failure of the agency to contact the Port Authority to resolve the matter may result in the agency being barred from the Port.

D. Document said action, to include full name of company/agency, mailing address and telephone number, on an irregularity report for submission, through the Captain of Security to the MSPA Deputy Director of Operations. (SECOND VIOLATION)

E. Order the cessation of all service oriented activities by agency/employees of agency found to be in violation of Item 162. Temporarily detain the vehicle at the location and advise the MSPA Deputy Director of Operations of the situation and request assistance/guidance. Be prepared to transport employee to Port Operations or to escort the vehicle from the Port, at the direction of MSPA officials. (THIRD VIOLATION)

NOTE: Irregularity reports generated as the result of Second and Third Violations will be annotated to include reference to previous violation(s) and action(s) initiated.

F. Upon advisement by MSPA officials of restrictions implemented against a ship chandler, either currently licensed or found to be in violation of Item 162, the Captain of Security will post an exclusion advisement at all of the Entry/Exit Access Gates. Said advisement will include the requirement for gate guards to contact the Captain of Security, who will verify the validity of the exclusion advisement with MSPA officials before allowing/denying access to the Port.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 27 West Gated Railroad Entrances.

28 Miss. Admin. Code Pt. 301, R. 27.1 Purpose

Because of the inherent dangers of an unprotected, ground level railroad crossing in a congested traffic area, this instruction establishes procedures to alert vehicles to passing trains and preclude unwarranted accidents.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 27.2 Scope

This instruction defines areas of responsibility as well as procedures to be taken by the Port Security Department.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 27.3 Application

This instruction is applicable to all Port Security Officers staffing the West Gate.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 27.4 Responsibility

The Chief of Security is responsible to ensure compliance with the provisions of this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 27.5 Authority

Schedule of Charges, Rules, and Regulations for Terminal Services, Items 154 and 187.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 27.6 Procedures When Inbound Train Approaches

KCS is required to contact the West Gate Radio/Telephone operator via radio with an estimated time of arrival of inbound train. The radio operator will contact the Security Roving Patrol who will:

A. Open the railroad access gate as requested by KCS.

B. KCS railroad will enter the Port Facility at a speed of not more than 5 MPH. Under certain

9479638.2 situations KCS will request Port Security help with Port traffic control while the train is servicing the Port of Gulfport.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 27.7 Procedures When Outbound Train Approaches

KCS will advise Port Security when the outbound train is ready to exit the Port. Port Security will secure each rail gate upon KCS completion of duties on the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 28 Contractor Access Control Procedures.

28 Miss. Admin. Code Pt. 301, R. 28.1 Purpose

This instruction promulgates access/departure control and documentation of contractors and their agents/employees onto Port property and facilities.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.2 Scope

This instruction defines responsibilities and establishes procedures to control and document contractor access to the Port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.3 Responsibilities

A. The Port Authority, through Port Operations and Port Engineering, is responsible to identify a contract monitor for all contracts let by the Port.

B. The MSPA Contract Monitor is responsible to identify, to the Port Security, new contractors and areas to be worked as the Port lets new contracts.

C. The Captain of Security and Port Operations, through Security Officers, are responsible to ensure compliance with this instruction.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.4 Authority

Schedule of Charges, Rules, and Regulations for Port Terminal Services. Item 187.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.5 Duties of the Contract Monitor

As new contracts are let to perform work on the Port, the Port’s Contract Monitor identifies:

A. the contractor’s name,

B. work area and

C. projected time span of the contract to Port Operations who briefs the Captain of Security.

In the event a contractor has prepaid material, will be dealing with material belonging to the Port, or has material to be left on the Port, the Contract Monitor will provide to the Port Operations and Captain of Security a description of the material.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.6 Further Duties of the Contract Monitor

The Port’s Contract Monitor will brief all contractors on access control and documentation procedures implemented by this instruction. Contractors using prepaid material or dealing with material owned by or to be returned to the Port will further be briefed on dock receipt procedures by the Port’s Contract Monitor.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.7 Logbook

The Port Security Department, through its Entry Control Security Officers, will require all contractors to sign in/out in the “Contractor Control” logbook. (NOTE: Contractors working on the East Pier will be logged In/Cut in the Daily Logbook. All such entries will include: name of contractor, area being worked in, name of individual, and time IN and time OUT.) (NOTE: Contractor vehicles entering the Port with more than one person will be documented by the driver and all persons being transported to the job site.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.8 Removal of Material from Port by Contractor

Any contractor attempting to remove material previously identified by the Contract Monitor as belonging to the Port, will be challenged by the Access Control Security Officer to present authorization (Gate Pass/Dock Receipt) from the Port. Should said authorization not be available, the contractor will be denied exit and the Captain of Security will be notified, investigate the incident, and contact the Contract Monitor/Port Operations for guidance. (NOTE: All such incidents will be documented as an irregularity as outlined elsewhere in this manual.)

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.9 Visitors to Contractor Area

Visitors to all contractor areas are to sign in/out using the same procedures outlined in this instruction for contractor/contractor employees. All visitors to construction sites are required to possess a TWIC card for access.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.10 Delivery Vehicles

Vehicles (non-contractor owned) entering the Port for the purpose of making deliveries are required to possess a TWIC card for access onto the Port property ad will be required to sign In/Out; also, any vehicle attempting to remove Port prepaid or controlled property, or suspect of attempting to remove said property, will be required to provide to the Access Control Officer(s) authorization, i.e. gate pass/property removal receipt.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 28.11 Highly Pilferageable Materials Monitored

The Captain of Security/Port Operations will be advised, by the Contract Monitor, of contractor owned/supplied, highly pilferageable supplies/materials pre-positioned/housed on the Port. Whereas the contractor retains responsibility for this material, the Captain of Security and Watch Supervisors will familiarize themselves with said materials’ location and periodically check the material to ensure its security.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 29 Berth Assignment.

28 Miss. Admin. Code Pt. 301, R. 29.1 Berth Assignment

The Port Authority will assign berths, sheds and open storage areas on a fair and equitable basis, with due consideration for preferential assignment, leases and other existing agreements.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.2 Untimely Arrival Failure to arrive as scheduled may result in vessel’s loss of berth assignment

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.3 Berth Application

9479638.2 No vessel shall enter or depart the Port of Gulfport until such time as the vessel has received authorization from the Port Authority. Vessels and/or their agents shall be held liable for the payment of all charged incurred by the vessel and its agent, including liability for the payment of all charges incurred by the vessel’s cargo, disclosure of principals to the contrary notwithstanding.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.4 Berth Application Procedures

Any vessel desiring a berth at the Port of Gulfport shall, not less than 48 hours prior to the time of docking, make application in writing on the prescribed form through a licensed agent to the Port Authority for a berth assignment specifying the dates and estimated hours of arrival and sailing, and the nature and quantity of cargo, if any, to be handled. Applications for berth assignments are made by agents of the vessel. Requests made by agents acting for the owners, shippers or receivers of the cargo and performance of any service under this tariff constitutes an agreement by said agents, as the case may be, to be held separately bound and ultimately liable for the payment of all or any part of the charges incurred by the vessel and/or its owners or by the cargo and/or its owners, shippers or receivers, as their respective interests may appear. Application for berth assignment or other facility constitutes an agreement between the applicant and the Port Authority that all charges will be promptly paid upon presentation of invoice therefor, and that applicant will comply with all rules and regulations of the Port Authority.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.5 Notification of Indemnity Coverage

As a part of its application for berth, the vessel, its owners or agents, shall advise the Port Authority of the Protection and Indemnity Association (P & I Club) which affords the vessel indemnity coverage as well as the name and telephone number of the nearest local legal representative thereof knowledgeable to such coverage.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.6 Penalty for Noncompliance

A penalty charge, equal to the first day’s dockage may be assessed against the agent, master and/or owner for any vessel, barge or other water craft that occupies a berth, and/or marginal track in shedded dock space, anchorage, open dock, mooring place, or any other facility in the port for which a berth application in writing has not been received by the Port Authority in advance of the vessel’s arrival in port.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.7 Temporary Berth

Temporary berthing may be assigned tugs, barges, crew boats, research vessels or any other

9479638.2 vessel during emergency, inclement weather, or any other condition requiring such assignment. Immediately upon arrival the master, owner, or agent must file a formal application for berth assignment. All such vessels are subject to all applicable port rules, regulations and charges. Should such vessels not have a licensed agent, the Port Authority may, at its discretion, act as the vessel’s temporary agent and assign an agent’s fee in the amount of $50 for each 30-day period of continued service for each unit (tow). All applicable charges shall be paid in full prior to departure of the vessel unless acceptable credit or bond is provided to the satisfaction of the Port Authority.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 29.8 Berthing During Nonbusiness Hours

The Captain of Security/Security Roving Patrol on duty during nonbusiness hours, or at the direction of Port Authority, will, acting in concert with the Deputy Director of Operations, make temporary berthing assignments for unscheduled vessels entering the Port. In all such cases, the Captain of Security/Security Roving Patrol will ensure a berthing application is completed by the ship’s master/agent immediately upon arrival in the Port. All such berthing applications will be forwarded by the Port Security Department to the Deputy Director of Operations the next business day. Under provisions of this requirement, the Captain of Security/Security Roving Patrol will ensure Berthing Application includes full address, including zip code and telephone number of the vessel’s owner responsible for all Port berthing related charges and fees.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 30 Cargo Space Application.

28 Miss. Admin. Code Pt. 301, R. 30.1 Assignment Application

Space in sheds and/or open storage will be assigned on receipt or written application, on prescribed Port Authority form, subject always to available space. Application for space should specify commodity, origin and/or destination, tonnage, date of cargo delivery, date of discharge and/or shipment, name of shipper or consignee, vessel, owner and agent.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 30.2 Maintenance of Space Assigned

Space assigned will be clean, free of any infestation and suitable in all respects to receive cargo, and acceptance of such space assignment without exception shall be considered an acknowledgement of such good condition and preclude any subsequent claim for damages. Following use, assigned space must be returned in like condition.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 30.3 MSPA’s Right to Control or Assign Space

9479638.2 The facilities of the Port Authority are for storage, unloading, and/or handling of import, export, coastwise, intercoastal and local cargoes, and the Port Authority reserves the right to control and assign space in the Port terminals for the storage, loading, unloading and/or handling of all freight on and/or in these facilities.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 30.4 Unauthorized Use Penalty

A penalty assessment equal to the doubling of all applicable tariff charges shall be made against any agency, stevedoring firm or other user utilizing any Port facilities for the loading, unloading, handling, and/or storage of cargo without prior assignment by the Port Authority of the space being used.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 30.5 Charges related to Cargo Storage

Sheddage, open dock, and/or marginal track use is a charge assessed against a specific vessel, barge, or substitute, for providing warehouse, open area and/or marginal track space for the handling of inbound and/or outbound cargo.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 30.6 Covered Cargo Sheds

Covered cargo sheds, immediately adjacent to wharves and aprons, are intended to directly serve vessels. Covered sheds located a short distance away from wharves and aprons are primarily used for cargo assembly, processing and distribution.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 31 Shed Assignment.

28 Miss. Admin. Code Pt. 301, R. 31.1 Assignment

Generally Upon receipt of Application for Cargo Space Assignment Form, space will be assigned subject to space available, commodity, tonnage, date of receipt of cargo and date of departure of cargo.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 31.2 Inspection of Shed by Project Manager

Upon assignment of cargo space the Deputy Director of Operations or his/her designated representative will inspect the shed to ensure it is clean and free of infestation.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 31.3 Cleaning Sheds

As needed, sheds will be washed clean. Upon washing and if type cargo requires, the Deputy Director of Operations or his/her designated representative will call in the contract pest control company to inspect and treat shed as needed. The cost of the inspection and treatment will be passed on to the stevedore making application.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 31.4 Post-Cleaning Inspection

After cleaning, inspecting and treating is complete the Deputy Director of Operations or his/her designated representative will, in the company of the Stevedore, make a joint inspection of the shed. The Stevedore making application shall receive copies or both warehouse inspection form and the Certification of Inspection and Warehouse Condition. The originals of these forms shall be kept on file by the Deputy Director of Operations.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 31.5 Shed Inspection Form

When it is determined that the shed meets the needs and requirements, a Shed Inspection Form will be completed and signed by both the Deputy Director of Operations or his/her designated representative and the stevedore representative.

The Shed Inspection Form will include, in addition to cleanliness, the fire station conditions, the doors, both roll-up and personnel, condition and any other pertinent information.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 31.6 Inspection Upon Completion of Space Requirement

When space requirement is completed the Deputy Director of Operations or his/her designated representative and the stevedore representative will again jointly inspect the space. The stevedore will be billed for any cleaning needed and/or damage noted during this inspection. Both the Deputy Director of Operations or his/her designated representative and the stevedore representative will sign the Shed Inspection Form terminating the space assignment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 32 Overseas Waste/Garbage.

28 Miss. Admin. Code Pt. 301, R. 32.1 Definitions

9479638.2

“Garbage”, as regulated by the terms of this agreement, is defined as “all waste material derived in whole or in part from fruits, vegetables, meats or other plant or animal (including poultry) material and other refuse of any character whatsoever that has been associated with any such material onboard any means of conversance and including food scraps, table refuse, galley food wrappers or packaging materials and other waste material from stores, food preparation areas, passenger’s or crew’s quarters, dining rooms, or any other areas on vessels or other means of conversance.”

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.2 Approved Providers of Service

In accordance with the International Convention for the Prevention of Pollution from ships. MARPOL 73/78 Annex V effective December 31. 1988. The Port of Gulfport has approved the following companies for collection and disposal of domestic and foreign garbage generated by vessels.

Dockside Services 500 Beauregard Street Mobile, Alabama 36603 Phone: (251) 438-2362

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.3 Policy Reviewed Annually

This agreement will be amended as needed to keep it current with revisions of quarantine requirements and shall be reviewed at least once annually.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.4 Plant Protection and Quarantine Officer

The waste disposal company that is contracted to manipulate, handle, or store regulated garbage in a manner approved by the local Plant Protection and Quarantine (PPQ) Officer (Paul Smallwood) and in a designated area before disposal.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.5 Storage of Garbage

Storage of regulated garbage in plastic bags must be inside a closed building; if outside, must be in sealed plastic bags in a container with a tight fitting lid.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.6 Transport of Garbage

The waste disposal company transports regulated garbage directly from the USDA APHIS approved storage container or vessel to the disposal facility in closed leakproof containers without diversion. Regulated garbage incinerated to ash.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.7 Approved Disposal Facility

Dockside Services is an approved handler by the U.S.D.A. to properly remove, process and dispose of regulated and non-regulated waste.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.8 Recordkeeping of Disposal Company

The contracted waste disposal company will maintain a log which will include the disposal date and quantity (weight) of the garbage. This log will be made available to PPQ upon request.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.9 Reporting and Cleaning Spillage

PPQ Officer will be notified of any spillage. Cleaning and disinfecting will be accomplished immediately. A PPQ Officer can be reached at (228) 822-3102 twenty-four hours a day.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.10 Misappropriation Prohibited

The contracted waste disposal company will be responsible for foreign food waste in its possession and will not permit misappropriation of any food items.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.11 Identification of Foreign Garbage

The contracted waste disposal company will use identifiable containers for foreign garbage. Rigid containers shall be lettered with the words “FOREIGN GARBAGE” or a similar acceptable phrase. Letters shall be at least 2 inches high on indoor containers and 4 inches high on outdoor containers.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.12 Using a Truck/Container for Purposes Other Than Hauling Foreign Garbage

The truck/container to be used for a purpose other than hauling foreign garbage must have markings obliterated and be cleaned and disinfected under PPQ supervision prior to such use.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.13 Regulated Garbage Kept Separate

All regulated garbage is to be kept completely separate from domestic garbage.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.14 Penalty of Noncompliance

This agreement may be immediately cancelled or revoked for noncompliance or violation of the Federal regulations and may result in a criminal penalty of up to a $5,000 fine and a year in jail, or both, or a civil penalty of up to $1,000 per violation.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.15 Training Program Required

The companies that are approved by the Port Authority for collection and disposal of regulated garbage shall present a training program to all employees before they are permitted to handle and supervise the handling of regulated garbage.

A. The training must be approved by the local PPQ Officer in charge.

B. The training must:

Define regulated garbage.
Explain garbage regulations and their purpose.
Include films, slides, or other training aids on foreign animal, plant pests, and diseases.
Specifically outline step-by-step handling procedures for regulated garbage.
Be prepared in English and other appropriate languages.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.16 Use of Disinfectants

9479638.2

Disinfectants should be in accordance with the following guidelines:

A. 4 percent sodium carbonate solution (soda ash).

B. The diluted solution is only mildly caustic but will dull paint and varnished surfaces. Mix in proportion of 40 grams per liter of water. (1.4 oz. per quart) 160 grams per 4 liters (5.33 oz. per gallon)

C. 1” Stroke Environ

D. Mix 4 ml. per liter of water 1/2 oz/per gallon. Apply to point of runoff. Surface should be free of dirt, grease, etc. before application. Solution is known to be harmful to aircraft. (1” Stroke Environ” is produced by Vestrel Laboratories Div. of Chemed Corp., St. Louis, MO 63110)

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.17 Removal of Garbage

Garbage may be removed from the vessel under these provisions:

A. All garbage must be placed in double heavy duty, leak proof plastic bags.

B. Garbage can only be removed from the vessel under direct supervision of a USDA Officer and a representative of the Port.

C. Garbage must be placed in a special USDA approved container marked “FOREIGN GARBAGE”. This container will remain locked except when garbage is being removed from the vessel.

D. The garbage will be transported by a USDA approved firm for immediate incineration.

E. Unauthorized removal of garbage will result in a fine of not less than $500.00.

F. Encl:

USDA Maritime Garbage Controlling Regulations.
Compliance Agreement: Dockside Services, Inc.
Compliance Agreement: Browning-Ferris Industries.
Provisions Letter from USDA PPQ to Vessel.
U.S. Naval Vessel Garbage Handling Agreement.

9479638.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 32.18 U.S

Navy Vessels

Recent Veterinary Medical Officer port reviews have indicated the need to restate garbage safeguarding policy for U.S. Navy vessels returning to the U.S. from foreign ports.

A. U.S. Navy policy is that no foreign origin meats, produce, or milk products will remain aboard any ship returning to a U.S. continental, territorial or offshore U.S. port. “Foreign origin” does not include U.S. origin frozen or canned products issued to a ship from a U.S. overseas military depot or U.S. underway replenishment.

B. If the boarding officer finds foreign stores, the vessel will be handled exactly like a commercial vessel with respect to garbage safeguarding.

C. If no foreign stores are found by the boarding officer, the first offloading of garbage must be sterilized or incinerated. This will include, in addition to any garbage on board the vessel at docking, all garbage produced during the first 24 hours in port. Vessels which dock with no garbage will be handled exactly like vessels docking with garbage on board. Garbage generated subsequent to the above stated first offloading will be handled the same as domestic garbage.

D. Plan Protection and Quarantine policy relative to military vessel boarding is being incorporated into the shipboarding guidelines (M390.340).

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-2

Chapter 33 Foreign Trade Zone.

28 Miss. Admin. Code Pt. 301, R. 33.1 Location

The Foreign Trade Zone (FTZ) of the Port of Gulfport, FTZ No. 92, is located at the entire Mississippi State Port Authority at Gulfport. The Foreign Trade Zone is a U.S. Customs controlled facility in which certain imported products can be stored, processed and repackaged, or assembled with U.S. goods without being subject to customs duties until leaving the zone.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 34 Deep Draft Vessels.

28 Miss. Admin. Code Pt. 301, R. 34.1 Deep Draft Vessels

On a case-by-case basis the Executive Director may grant use of the Gulfport Harbor and Ship Channel to vessels with drafts greater than 30 feet, but not exceeding thirty-six (36) feet, upon a written request of the master, owner and/or agent of the vessel and upon the written

9479638.2 recommendation of the Pilots licensed by this Port Authority that such usage is not reasonably expected to impair use of the Harbor or Ship Channel by said vessel or any other vessel. In making such recommendation, the Pilots are to use their best discretion, considering anticipated tides, winds and other factors prevailing at the time. In doing so, the master owner and/or agent shall covenant and express in writing not to assert liability against the Port Authority and the Pilots and to defend and indemnify the Port Authority and the Pilots from any and all damages arising from or connected with such use and expressly agree to cure any impediment to the continued safe use of the Harbor and Channel by other vessels that may be caused by said vessel. Again, this is not an open policy. It is on a case-by-case basis. MSPA will rely exclusively on the Gulfport Pilots Association’s written recommendation in each and every case and if favorable recommendation is not received the vessel will not be granted approval enter the Harbor or Channel.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 35 Hurricane Readiness Procedures.

28 Miss. Admin. Code Pt. 301, R. 35.1 Introduction

This document is intended to establish guidelines and procedures for personnel at the Mississippi State Port Authority at Gulfport (“Port Authority”) before, during, and after a tropical storm or hurricane striking in proximity to the Port pursuant to the Mississippi Emergency Management Law, Miss. Code Ann. §§ 33-15-1, et seq. The guidelines and procedures contained herein are not designed to cover every situation that an employee may encounter during a tropical storm or hurricane. Considering the uncertainty and unpredictability associated with tropical storms and hurricanes, employees are encouraged to use their basic common sense, personal experience, and discretion in responding to specific situations. Accordingly, all guidelines and procedures contained herein shall be exercised in the discretion of the Executive Director or his or her designee, regardless of whether a particular provision purports to require or mandate certain action. The timelines for certain guidelines and procedures expressed herein assume that sufficient notice of a potential tropical storm or hurricane is given so that such guidelines and procedures may be utilized, which may or may not be the circumstance with any given tropical storm or hurricane. Notwithstanding the foregoing, any person who fails to comply with any order, directive, notice, or other communication issued pursuant to this Chapter may be subject to the penalties set forth in Rule 35.11 of this Chapter.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.2 Associated Policies and Procedures

Besides this Procedure, the following associated policies and procedures apply:

A. Port Authority Terminal Tariff No. 7.1, as amended from time to time, or any successor Port Authority Terminal Tariff;

B. Administrative Codes of the State of Mississippi; and

9479638.2 C. Port Authority Port Facility Security Plan.

The Executive Director will resolve any conflict between these Hurricane Procedures and other agreements or regulations.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.3 Oversight Responsibilities

The following are the general responsibilities of the Port Authority during a threat of a tropical storm or hurricane striking near the Port:

A. Executive Department – Declare an emergency, coordinate intergovernmental activities, keep the Board of Commissioners of the Port Authority and the Mississippi Development Authority informed of all ongoing activities, and supervise overall emergency activities.

B. Finance & Administration – Maintain the Port Authority’s overall administrative functions, human resource functions, and assist the Port Authority’s employees’ family members.

C. Operations & Maintenance – Maintain operations at the deep-water harbor, maintain communications with the U.S. Coast Guard, Harrison County Emergency Management Agency, tenants, and service provider to the Port, monitor weather reports, and implement Hurricane Procedures. Prepare for the threat of the tropical storm or hurricane striking near the Port, and update the status of the tropical storm or hurricane.

D. Official MSPA Spokesperson – The official spokesperson for the Port Authority during any emergency is the Executive Director or his or her designee.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.4 Conditions of Readiness

Hurricane Season begins on June 1 st and extends through November 30 th of each year. Hurricane Conditions are set by the U.S. Coast Guard Captain of the Port (“COTP”), Mobile Area of Responsibility, and are used to alert the maritime community to changes that may need to be made in Port operations in preparation of an upcoming tropical storm or hurricane. The COTP provides Maritime Safety Information Bulletins (“MSIB”) to the Port Authority via fax or email whenever a tropical storm or hurricane is approaching or may affect the Port.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.5 MSPA Hurricane Readiness Designations

The following designations will be used for describing the Port Authority’s Hurricane

9479638.2 Readiness Conditions:

Hurricane Condition Corresponding Coast Guard Classification Approximate Time 5 NORMAL June 1 – November 30 4 WHISKEY 72 hours prior to landfall 3 X-RAY 48 hours prior to landfall 2 YANKEE 24 hours prior to landfall 1 ZULU 12 hours prior to landfall Recovery After the storm passes

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.6 Cooperation with U.S

Coast Guard

The U.S. Coast Guard (Mobile) keeps the Port Authority informed of the formation, path, and threat of a hurricane or tropical storm. Besides the U.S. Coast Guard, the Port Authority will maintain contact with the Harrison County Emergency Management Agency. A Port Emergency Action Team (“PEAT”) within the Coast Guard has been established to monitor and set storm conditions for the Port. The Port Authority will use the PEAT for assistance in the implementation of the Port Authority’s hurricane procedures. After a hurricane or tropical storm, the Director of Operations or his or her designee shall be responsible for contacting the U.S. Coast Guard to determine when it is safe for the Port to resume normal operations.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.7 Tenants’ Hurricane Preparedness Requirement

Prior to Condition 5 (the duration of hurricane season), the Port Authority will request tenants to review their own hurricane program, will notify tenants to provide a copy of such program to the Port’s Operations Department, and notify tenants to be alert for hurricane warnings. The Port’s Operations Department will ensure that Tenants secure all non-utilized equipment and/or cargo in their respective leased areas during hurricane season.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.8 Condition-Related Preparation

As Hurricane Conditions are set by the U.S. Coast Guard, the Port Authority will make efforts to notify tenants and customers so that appropriate action can be taken:

A. Hurricane Alert Condition Five (5) (Hurricane Season):

The Port’s Operations Department will cause tenants and customers to make every effort to secure or remove non-utilized or non-essential equipment or products (e.g., pallets, gear, dunnage, etc.).

9479638.2 2. The Chief Operations Officer or his or her designee and the Director of Operations will collectively decide, or if the Chief Operations Officer or his or her designee is unavailable, the Director of Operations will decide, to make arrangements as necessary, for emergency services and equipment to be made available to the Port on a contingency basis. Notwithstanding the foregoing, the Chief Operations Officer or his or her designee will decide to make arrangements for emergency services and equipment to be made available to the Port on a contingency basis if the Director of Operations is unavailable.

The Director of Operations will make or cause to be made an inventory list of supplies, materials, and equipment that are necessary to perform any and all tasks that may be required in an emergency situation. The inventory list will be submitted to the Port’s Finance and Administration Office for appropriate purchase. 4. The External Affairs Department will prepare an emergency contact list with the names and telephone numbers of key personnel to be distributed to the employees of the Port Authority for use during the recovery phase.

B. Hurricane Alert Condition Four (4) (WHISKEY) (Hurricane force winds are possible within 72 hours):

The Operations Department will notify tenants, stevedore companies, vessel masters, owners, and agents in the main harbor, and Port Authority personnel that Condition 4 (WHISKEY) is in effect.
The Chief Operating Officer and Director of Operations, will, as they determine, procure any additional materials needed for the possible hurricane or tropical storm. The Finance and Administration Department will prepare and proceed with any and all purchases for supplies, materials, and equipment deemed necessary in the event of a hurricane.
The Deputy Director of Operations will prepare a list of expected vessel arrivals and sailings. All expected vessel movements will be confirmed with the vessel masters, owners, or agents. The Deputy Director of Operations or his or her designee will ensure that vessels and tenants complete cargo operations within 36 hours prior to the predicted landfall of the storm and vacate the Port, as directed by the U.S. Coast Guard and/or Port Authority.
The Director of Operations will notify the users of the Port and tenants at the Port to remove sensitive cargoes from the Port to a safe location.
The Port Authority will cause tenants and customers to submit a plan to the Port Authority for securing and/or removing equipment, containers, and general cargoes.
The Director of Operations will contact the masters, owners, and agents of ocean- going vessels at the Port to request that ocean-going vessels be removed to a safe haven. The Director of Operations will ensure that masters, owners, and agents of

9479638.2 all ocean-going vessels and U.S. Coast Guard regulated barges advise the U.S. Coast Guard and the Deputy Director of Operations of the Port Authority of their intentions and schedule for departing the Port. The Director of Operations and the COTP must approve the decision of any vessel to remain in the Port, and, before approving such decision, the Director of Operations will ensure that such vessel has submitted a heavy weather mooring plan to the U.S. Coast Guard for approval and acceptance.

The Director of Operations will notify ship owners and agents, Gulfport Towing, and the Gulfport Pilots Association that any ocean-going vessel with an estimated time of arrival at the Port of less than 72 hours prior to predicted hurricane force winds should be directed elsewhere to seek shelter.
The Port Authority Crane Manager will secure all cranes and conveyors pursuant to manufacturer specifications.
Employees of the Port Authority and local emergency management officials will be notified of the location of the Port Authority Command Center, if applicable.
The Administration and Finance Department shall prepare, as determined necessary within the discretion of same Department, for evacuation of the Port Authority’s records. Computers and related equipment will be removed from the Operation and Maintenance buildings. Any transportation needed by the Administration and Finance Department for evacuation of records and/or equipment will be arranged by the Operations Department.

C. Hurricane Alert Condition Three (3) (X-RAY) (Hurricane force winds are possible within 48 hours):

The Operations Department notify tenants, stevedore companies, vessel masters, owners, and agents in the main harbor and Port Authority personnel that Condition 3 (X-RAY) is in effect.
The Director of Operations will notify service providers and contractors to stand by for contingent assignments at the Port, and will distribute the Port Authority’s vehicles and emergency equipment to assigned personnel, as necessary.
The Port Authority will not allow an ocean-going vessel into the Port after the setting of Hurricane Alert Condition 3 (X-RAY).
The Director of Operations will contact the masters, owners, and agents of ocean- going vessels at the Port and request that such vessels be removed to a safe location. The Director of Operations will request masters, owners, and agents of all ocean- going and U.S. Coast guard regulated-vessels to advise the U.S. Coast Guard and the Deputy Director of Operations of the Port Authority of their intentions and schedule for departing the Port. The Port Authority must approve any vessel’s decision to remain in the Port, and will ensure that any such remaining vessel has

9479638.2 provided a heavy weather mooring plan to the Coast Guard for approval.

Upon recommendation of the Chief Operations Officer and Director of Operations, and in consultation with the PEAT, the Executive Director may order vessels to evacuate the Port despite the vessel master’s, owner’s, or agent’s desire to remain in Port. If an evacuation is not ordered, or a vessel cannot evacuate, the Chief Executive Officer, Chief Operations Officer, and Director of Operations, in consultation with PEAT and the vessel’s master, owner, and/or agent, will establish a storm mooring system for the vessel which must be approved by the U.S. Coast Guard.
The Director of Operations will cause tenants and customers at the Port to be notified to secure and/or remove their equipment, containers, and general cargoes.
Cargo operations will be ordered to cease by the Operations Department of the Port Authority prior to the entry of Condition 2 (YANKEE).
The Operations Department will inspect Port areas and finalize preparations for the storm. Upon completion of the inspection and any remaining cargo operations, the Chief Operations Officer, Director of Operations, or Executive Director will declare the Port closed to all personnel and vessels, and will inform the Harrison County Emergency Management Agency that the Port is closed.

D. Hurricane Alert Condition Two (2) (YANKEE) (Hurricane force winds are possible within 24 hours):

The Operations Department notify tenants, stevedore companies, vessel masters, owners, and agents in the main harbor, and Port Authority personnel, that Condition 2 (YANKEE) is in effect.
The Operations Department will notify the Mississippi Gaming Commission that the Port has declared Condition 2 (YANKEE).
Designated Port Authority personnel will establish emergency communications with the Harrison County Emergency Management Agency.
It is anticipated that the Harrison County Emergency Management Agency will require the evacuation of all persons south of Highway 90.

E. Hurricane Alert Condition One (1) (ZULU) (Hurricane force winds are possible within 12 hours):

The Port Authority will continue emergency communications with the Harrison County Emergency Management Agency. The Harrison County Emergency Management Agency shall be provided names of any personnel remaining at the Port, and the names of vessels and their owners, agents, and crews remaining on a

9479638.2 vessel.

The Finance and Administration Department will contact all Port Commissioners, officers, and employees to determine their availability for post-storm recovery actions. A full list of names and telephone numbers of Port Commissioners, directors, and employees will be supplied to the Port Authority’s representative at the Harrison County Emergency Operations Agency, and the Port Authority Executive Director and Deputy Director of Operations.
It is anticipated that the Coast Guard will order that all waterways in the Mobile Area of Responsibility be secured.

F. Hurricane Arrival:

The Port Authority’s designated representatives will maintain regular contact with all personnel of the Port Authority, if possible.
All Port Authority employees will comply with all directions provided by the Harrison County Management Agency.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.9 Administrative Offices and Other Port Authority Offices

A. Office Preparation. The Mississippi State Port Authority administrative offices are at One Hancock Plaza, 14th floor, Gulfport, Mississippi. The Deputy Director and/or Director of Finance, will be responsible for securing the Port Authority offices at this location. Similar procedures should be followed by all other Deputy Directors for each of their respective offices.

B. Office Preparation Procedures. These suggested procedures are to be guidelines for office personnel in preparation for a storm:

Desktops, shelves, and work tables should be completely clear of objects (paper and desk items may be placed in desk drawers).
Computers and printers should be moved away from windows, labeled, placed in double plastic bags, and placed in interior office areas.
Telephones should be unplugged, wrapped in plastic bags, and stored in desks or file cabinets.
Small personal objects (e.g., wall pictures, coffee cups, lamps, etc.) should be stored in desks or file cabinets.
File cabinets should be moved away from exterior walls and, if possible, moved to

9479638.2 an interior area.

Office doors should be closed.
Official documents, personnel files, agreements, contracts, permits, and other critical Port Authority documents should be placed in fire-proof cabinets.
All items being moved to interior areas should be clearly labeled for ease of identification upon return to the offices.
In cases of forecasted Category 3 or stronger hurricanes, Port Authority office equipment located in terminals will be placed in a marine container and moved to a designated offsite location. The Deputy Director of Operations will be responsible for providing the Finance and Administration Department with a marine cargo container and transportation for the evacuation of office materials, supplies, and equipment. Materials, supplies, tools, and equipment that may be necessary for recovery should be evacuated to an offsite location.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.10 Aftermath and Recovery

Following a tropical storm or hurricane striking near the Port, the mission of the Port Authority is to:

A. First, help local, State, and federal emergency agencies in the immediate protection of life and safety of the public. Second, with the assistance of appropriate State and federal agencies, reestablish commercial, deep-water cargo activities at the facilities of the Port. Third, reestablish other business activities at the Port.

B. Following a hurricane or tropical storm striking near the Port, all employees of the Port Authority will attempt to contact their respective supervisors within six (6) hours of the storm passing inland. All employees are expected to return to work as soon as practicable and feasible, but should exercise caution in traveling back to work. All employees are needed as soon as possible for recovery efforts; therefore, employees should attempt to contact their respective supervisors for recovery effort schedule information. Each employee will be provided with an emergency contact list to use as needed prior to and after the storm.

A. The following recovery process will be followed for placing the Port back into operation:

If the Port Authority has established a Temporary Command Center, the Executive Director, all senior directors, and consulting engineers will assemble at the Port Authority’s Temporary Command Center as soon as possible following the storm passing inland. Any member unable to travel to the Command Center will contact the Command Center by telephone, if possible.

9479638.2

Communications will be reestablished with the Coast Guard COTP, Mobile, the Coast Guard Aids to Navigation Office in Mobile, and the Army Corp of Engineers in Mobile to coordinate with PEAT and in consultation with the Gulfport Pilots Association.
The Operations Department will, as soon as possible, report to the main West Gates at the Port. No one will be permitted to enter the Port without prior approval of a Port Director. Engineering and maintenance personnel will, as soon as possible, report to the West Terminal Operations Offices for job assignments in conducting a full condition survey of the Port.
When possible, a full condition survey will be made of all Port facilities and navigation leading to and from the Port. The results of this condition survey need to be transmitted to the applicable parties immediately after its completion. The Port will be reopened to inbound and outbound traffic at the completion of the survey, and when the U.S. Coast Guard and the Gulfport Pilots Association deem the channel safe for transit. Should a tropical storm or hurricane restrict navigation in or around the Port, the U.S. Coast Guard is to be informed so that a Notice to Mariners may be issued indicating same.
The Executive Director or his or her designee will establish contact with appropriate municipal, county, State, and federal authorities to seek assistance for early reactivation of the Port and to offer assistance when possible.
A special meeting of the Board of Port Commissioners will be called when practicable to review damage reports and plans for restoration of Port operations.

History

Source: Miss. Code Ann. §§ 59-1-1, 59-1-9, 59-5-5, and 59-5-21

28 Miss. Admin. Code Pt. 301, R. 35.11 Penalties

Any person who fails to comply with any order, directive, notice, or other communication issued pursuant to this Chapter may be subject to revocation of driving privileges on properties owned or under the control of the Port Authority, revocation of access rights to any or all of the properties owned or under the control of the Port Authority, or both.

9479638.2

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Part 303 MARINE TERMINAL OPERATOR SCHEDULE NO. 8.0

28 Miss. Admin. Code Pt. 303 MARINE TERMINAL OPERATOR SCHEDULE NO. 8.0

MARINE TERMINAL OPERATOR SCHEDULE NO. 8.0 (Commonly, and herein, referred to as “Tariff”) of the MISSISSIPPI STATE PORT AUTHORITY AT GULFPORT FMC Marine Terminal Operator Number 002011 In Accordance with the Rules for Marine Terminal Operators in conformance with the Federal Maritime Commission Note: All previous Tariffs, Rules, Regulations and Rates written, printed or oral, Heretofore adopted, are hereby rescinded.

NAMING RATES, RULES, AND REGULATIONS FOR MARINE TERMINAL SERVICES

APPLYING AT THE PORT OF GULFPORT Located At Latitude 30°21'03.7"N, Longitude 89°05'33.0"W Issued December 19, 2023 EFFECTIVE 1 MARCH 2024

REVISIONS

Document Date Section/ Pages Revised By Original Document 1 November 2023 All Mississippi State Port Authority at Gulfport Revision 1: Revision 2: Revision 3: Revision 4: Revision 5: Revision 6: Revision 7: Revision 8: Revision 9: Revision 10: Revision 11: Revision 12: Revision 13: Revision 14: Revision 15:

TABLE OF CONTENTS

Section I. GENERAL INFORMATION ...................................................................................4

INTRODUCTION ................................................................................................................. 4
RIGHTS AND COMPLIANCE ............................................................................................ 5

Section II. SYMBOLS, ABBREVIATIONS, AND DEFINITIONS .........................................8

A. SYMBOLS AND ABBREVIATIONS ................................................................................... 8

B. DEFINITIONS ....................................................................................................................... 8

Section III. GENERAL RULES AND REGULATIONS ........................................................ 12

A. GENERAL ........................................................................................................................... 12

B. HANDLING OF MATERIALS INCLUDING FREIGHT AND CARGO ........................ 14

C. RIGHTS OF THE TERMINAL .......................................................................................... 18

D. ENVIRONMENTAL ........................................................................................................... 19

E. VESSEL MOORING ........................................................................................................... 20

F. LIABILITY AND INSURANCE ......................................................................................... 23

G. MISCELLANEOUS ............................................................................................................ 25

A. PAYMENT OF CHARGES ................................................................................................ 34

B. RATES, CHARGES, AND FEES ........................................................................................ 35

SECTION I. GENERAL INFORMATION A. INTRODUCTION

SCOPE – The rules, regulations, conditions, rates and/or charges set forth in this Tariff shall apply to and include all facilities, roads, rail, docks, wharves, or properties owned, operated, or managed by the Mississippi State Port Authority (hereafter, “MSPA”) for/in the Port of Gulfport and that lie in or adjacent to the deepwater port.
APPLICABILITY – The rules, regulations, conditions, rates and/or charges set forth in this Tariff shall apply to all vessels, agents, owners, masters, operators, truckers, rail operators, contractors, suppliers, all other users and including natural persons, artificial persons, corporations, partnerships, organizations, associations, sovereigns, governments, nations, states, municipalities, their agents, and instruments.
IMPLIED CONTRACT – Entry upon MSPA properties, docking at the Terminal or fleeting at MSPA properties or inclusive waterways by any person or vessel shall be regarded as constituting an agreement by such person or vessel to comply with the Port and Terminal’s Tariff and Rules and Regulations.
RESPONSIBILITY – Any person or persons acting on behalf of entities using the Terminal or facilities, or agents thereof, shall be jointly and severally responsible for all payment of charges as set forth in this Tariff.
RISK – Persons entering MSPA properties shall do so at their own risk.
COMPLAINTS – Shipper’s requests and complaints shall be promptly and fairly considered by the MSPA provided that they are submitted in writing to the Director of Operations at the address indicated in the Tariff.
CHANGES – The MSPA and its Director of Operations (as authorized) reserves the right to alter, change, amend, or modify any of the provisions contained herein, upon reasonable notice to vessels and tenants using the Port and its facilities. The date and reference to such changes shall be noted on the Revision page of this document.
NON-RETROACTIVE – When the action of the MSPA is in response to a user’s request or complaint and requires Tariff change, no such change will be retroactive.
RULE OF LAW – The laws of the United States of America and the State of Mississippi shall apply to the provisions of this Tariff.
CONTACTS – Mississippi State Port Authority Post Office Box 40 Gulfport, MS 39502 Matt Gabbett, Director of Operations Office: 228-865-4300 Email: mgabbett@shipmspa.com
HOURS OF OPERATION – The Port of Gulfport operates 24 hours a day, seven days a week. The Administrative Offices are open from 8 AM to 5 PM Central Time, Monday - Friday. Administrative offices close for lunch from 12 PM – 1 PM Central Time and are closed on major holidays.
HOLIDAYS – For the purposes of this Tariff, the holidays listed below are observed by the MSPA, or any day celebrated in lieu thereof.

New Year’s Day January 1* Martin Luther King Jr. Day Third Monday of January Washington’s Birthday Third Monday of February Good Friday Friday Before Easter Sunday Memorial Day Last Monday of May Independence Day July 4* Labor Day First Monday in September Veterans’ Day November 11* Thanksgiving Day Fourth Thursday in November Christmas Day December 25*

*When a holiday falls on a Saturday, the preceding Friday shall be considered a holiday. When a holiday falls on a Sunday, the following Monday will be considered a holiday.

B. RIGHTS AND COMPLIANCE

RIGHT TO ESTABLISH SUPPLEMENTAL CONTRACTS – The MSPA and its CEO/Executive Director reserve the right to execute supplemental or separate contracts – including lease agreements with tenants - outside of this Tariff, are subject to the Federal

Maritime Commission Rules, Regulations, and administrative rulings. Such contracts shall be consistent with the provisions of this Tariff, however, where provisions of a separate contract differ, the terms and conditions of the contract shall supersede this Tariff.

RIGHT TO ESTABLISH SUPPLEMENTAL RULES AND REGULATIONS – The MSPA, through the Director of Operations or designee, reserves the right to establish and enforce separate Rules and Regulations in addition to the provisions of this Tariff which shall apply to all Port users and with the same authority and in the same manner as the Tariff.
RIGHT OF FINAL DECISION – In the event of a dispute regarding any of the terms and conditions as stated in this Tariff, supplemental Rules and Regulations, or supplemental contracts, the decision of the Director of Operations shall be final.
ADDITIONAL COMPLIANCE – Users of the MSPA’s Port facilities in the Port of Gulfport are subject to Federal, State, and Municipal regulations as applicable, as well as supplemental Terminal Rules and Regulations as established by the MSPA or its Director of Operations.
SECURITY – Users are advised that designated portions of the properties and facilities of the MSPA are subject to the federal security regulations under 33 C.F.R. Part 105.
SAFETY – Users shall comply with the requirements as set forth in the Occupational Safety and Health Act as stipulated in Public Law, 91-596.
LICENSE REQUIREMENT – No party or contractor may conduct business on the facilities associated with the marine terminals without a license or permit issued by the Director of Operations. The MSPA reserves the right to issue non-exclusive Terminal Operating Permits to qualified firms handling specific cargoes.
ALTERATION OF PROPERTY – No property of the MSPA shall be altered in any fashion without express permission of the Director of Operations or the MSPA.
ACCESS TO TERMINAL - Access to port facilities is restricted to those parties licensed by MSPA and engaged in the business of the port or have business on the port as approved by the Director of Operations. The Director of Operations shall, at all times, have the right to refuse access to the port or any portion thereof by any person or vessel or to remove any vessel, person, or cargo at any time from any dock or port facility.
CONTROL OF PERSONNEL ON TERMINAL - Personnel are subject to the Rules and Regulations of the Port and may be removed or barred entry by security personnel or municipal law enforcement at the direction of the Director of Operations.

SECTION II. SYMBOLS, ABBREVIATIONS, AND DEFINITIONS A. SYMBOLS AND ABBREVIATIONS

% Per Cent Lbs. Pounds AM Before noon, local time LT Long Ton – 2,240 lbs. COR Certificate of Registry MBF Thousand Board Feet EA Each NOS Not Otherwise Specified FMC Federal Maritime Commission PM After noon, local time FSO Federal Security Officer Ro-Ro Roll On-Roll Off FSP Federal Security Plan T Short Ton – 2,000 lbs. Ft Feet USD U.S. Dollars

B. DEFINITIONS Unless provided otherwise in this Tariff, applicable definitions set forth in 46 C.F.R. § 525.1(c) (2022) shall control.

BARGE – Any non-self-propelled vessel.
BARREL – Equivalent to 42 US gallons of fresh water.
BERTH – The area of water alongside a Pier where a vessel is docked.
CARGO – Commodities or materials to be loaded on or discharged from a vessel, truck, container, or railcar.
CARGO OWNER – The party or corporation, including shippers, agents, or their designees, that is/are responsible for the management of cargo handled at the Terminal.
DEMURRAGE/PIER OR PROPERTY STORAGE – A charge assessed against cargo which remains on the Pier or Port property after expiration of the free time allowed.
DOCK – All docks, floats, slips, wharves, ramps, piers, bulkheads, dolphins, and sea walls owned or operated by the MSPA.
DOCKAGE – Charges assessed against the vessel for the service of providing space alongside of a wharf, pier, within a slip or adjacent seawall structure for the Docking or berthing of watercraft, or the mooring thereof, or another watercraft so berthed.
DUNNAGE – Pieces of wood, matting, synthetic material, or similar material used to secure cargo aboard a vessel or used for handling and storing cargo ashore.
DIRECTOR OF OPERATIONS– The Director of Operations, or their designee, who shall be the local representative responsible for the management of the designated marine Terminal facility and Port properties.
FACILITY SECURITY OFFICER (FSO) – The designated individual, or their designee, responsible for the requirements of the Facility Security Plan under 33 C.F.R. Part 105.
FACILITY SECURITY PLAN (FSP) – The plan for Terminal security under the requirements of 33 C.F.R. Part 105.
FREE TIME – The time period during which cargo may occupy space assigned to it on the Terminal without being subject to demurrage or storage charges, including cargo allowed to remain on the Terminal or property free of charge immediately prior to the loading of the vessel, or immediately subsequent to its discharge from a vessel until such time the cargo is removed from the Terminal or associated facilities.
FREIGHT – Cargo (see “cargo”), or other materials delivered to a vessel as supplies for that vessel.
HANDLING – The physical movement of cargo or persons as managed by personnel with or without mechanical means.
HANDLING CHARGE – The charge assessed in performing loading or discharge of cargo between vessel’s cargo handling equipment, or Terminal’s cargo handling equipment, and place of rest on Dock, truck, vessel, or other conveyance.
HAZARDOUS CARGO – Any liquid or solid material as defined under 49 C.F.R. Parts 171-179, or as designated by the U.S. Environmental Protection Agency and/or the Mississippi Department of Environmental Quality as hazardous waste, including waste oils, solvents and other substances requiring special protections, handling, and disposal.
LAYBERTHING – A vessel moored at the Pier in an inactive status and not engaged in operations, cargo handling or active use. Special provisions may apply.
LICENSE – A document issued by the Director of Operations granting permission to the licensee to conduct business on the property managed by the MSPA
LIVESTOCK – Any live animal, such as cows, horses, sheep, goats, pigs, canines, caged birds, and other creatures handled as cargo, excluding seafood.
LONGSHOREMAN – Any person, including general labor, engaged in the handling of cargo.
MANIFEST – Any formal list of cargo loaded onto or discharged from, or persons arriving on or embarking on, a vessel, including crew.
METRIC TON (MT) – 2,204.6 pounds U.S., or 1,000 kilograms
MILITARY CARGO – Any cargo contracted through the U.S. Department of Defense, or its respective agencies.
MSPA – The Mississippi State Port Authority, its governing authority, or its duly authorized representative, including, but not limited to, the Director of Operations.
OVERALL – The greatest distance between two points either above or below the water.
OVERSIDE CARGO HANDLING – Shipments handled over the rail or deck edge of a vessel (overside) of a vessel or vessels alongside Dock where freight or cargo is transferred directly between vessels berthed at wharf, but not using facilities or wharf in its transfer, or freight received by vessel or discharged into the water, to barges, boats, or other vessels, while vessel is berthed at wharf.
PACKAGE – A container other than a standard steel intermodal shipping container such as a barrel (other than barrel of liquid) for dry material, fish product container, palletized and wrapped material, or other type container used for the handling of dry commodities.
PALLETIZED FREIGHT – Freight attached to a pallet which may be wrapped or attached by other means for individual handling.
PER DIEM – A period of one day, equivalent to 24 hours.
PERISHABLE CARGO – Agricultural or seafood products required to be stored and transported in temperature-controlled environments.
PERSON – Vessels, agents, owners, masters, and operators, including but not limited to, natural persons, artificial persons, corporations, partnerships, organizations, and associations, and to sovereigns, governments, nations, states, municipalities, and agents

and/or their instruments thereof.

PIER – The fixed structure along the water’s edge to which is a vessel may be tied up and moored.
PORT – Lands lying within, adjacent to or near the deep-water seaport in Gulfport, Mississippi that are owned, controlled or operated by the MSPA and not within the jurisdiction of any other public body.
PROCESSED – Cargo that has been significantly altered to increase its monetary value or physically changed in such a way that its primary use has been changed.
PUBLIC VESSEL – Any vessel owned by the U.S. Federal Government, a U.S. State Government, a U.S. municipal government, or any U.S. public governmental agency.
REEFER – Refrigerated cargo or the temperature-controlled unit that it is contained within.
RO-RO RAMP – The floating or fixed ramps at the facilities used for the transferring of vehicles to and from vessels.
SEAFOOD – Any species of fish, shellfish, or other aquatic animal harvested from any body of water.
SHORT TON – 2,000 pounds U.S.
SLIP – A berth for smaller vessels.
STEVEDORE – Any management company or entity engaged in the management of the handling of cargo and/or passengers, on behalf of the vessel operator, at marine facilities.
STRIKE STORAGE – Charge assessed against cargo remaining on the Pier at the commencement of a strike or other labor action, which prevents receipt or delivery of cargo. The time period for this charge begins upon expiration of free time and ends upon removal or clearance of the cargo from the Pier.
TENANT – Any party that leases property for exclusive or non-exclusive use at a marine facility.
TERMINAL – Terminal shall include all land, Docks, Piers, slips, wharves, ramps, bulkheads, dolphins, sea walls, buildings, warehouses, structures, ramps, roadways,

cargo-handling equipment, property, and other infrastructure associated with the marine facilities.

TERMINAL OPERATOR – The MSPA or an entity holding an authorized Terminal Operator Permit to handle cargo operations at the Terminal and approved to do so by the Director of Operations.
TERMINAL OPERATOR PERMIT – A permit issued by the Director of Operations to a qualified entity for operating at the Marine Terminal in the Port.
USER – Any party undertaking operations on Port property, including transportation providers, Terminal operators, stevedores, longshoremen, cargo owners, or other entities responsible for operations on Port property.
VEHICLE – Any car, truck, or other mobile unit, either self-propelled or not self- propelled by nature of design or inoperative, including cars, trucks, wheeled equipment, cranes, construction and heavy equipment and mobile weapons.
VESSEL – Any floating craft, self-propelled or non-self-propelled, including commercial vessels and boats; fishing boats; recreational boats; barges, skiffs, or similar craft; as well as public vessels and craft.
VESSEL OPERATOR – The operator, agent, owner, or their designee, of a vessel.
WHARF – The cargo handling area that is located on the Terminal.
WHARF Demurrage – The charge assessed against cargo remaining on a Pier or wharf after the expiration of free time, or for providing warehousing or other uses of Terminal facilities for the storage of inbound, outbound, import or export cargo, with the permission of the Director of Operations.
WHARFAGE – The charge assessed against freight passing or conveyed over, onto or under wharves or between vessels or overside vessels when berthed at wharf or moored in slip adjacent to wharf; it is the charge for use of wharf and does not include charge for any other service. SECTION III. GENERAL RULES AND REGULATIONS A. GENERAL
PUBLIC THOROUGHFARES – The Port and its associated properties are not public thoroughfares.
ACCESS TO PORT FACILITIES – The Director of Operations shall at all times have the right to refuse access to any property, Dock, or Terminal facility by any person or vessel or to remove, or cause to remove, any vessel, person, or cargo at any time from any property, Dock, or Terminal facility. This right shall be reserved at all times to the Director of Operations without responsibility for demurrage, loss, or damage when:

a. Previous arrangements for use, space, receiving, or unloading have not been made with the Director of Operations; b. The Vessel is unsafe or hazardous and may pose a risk to life or property; c. The value of the Vessel, in the opinion of the Director of Operations, is less than the probable service charges and other charges related to its use of the Dock or Terminal facilities; d. During periods of congestion, or in cases of emergency, when, in the judgment of the Director of Operations, the circumstances then prevailing or likely to occur will prevent the Dock or Terminal facilities, or any Portion of them, from providing customary services to the public; or e. Persons have violated federal, state, municipal, or Port regulations.

DAMAGE TO FACILITIES – a. Vessel Operators and all other users are held liable for any damage to facilities resulting from their use.

b. Vessel Operators and users will be held responsible for damage done to the Dock when landing, laying alongside, or when leaving the Dock.

c. In the event any damage is done to Terminal or Pier property, the person or persons responsible for said damage, or in any way involved, shall, within 24 hours, give a full report to the Director of Operations giving date and hour said damage occurred, names and addresses or description of the witnesses or other persons, vessels, vehicles or instrumentalities involved, as well as any other pertinent facts and information which may be available.

d. The person, persons, or entity causing the damage will be held responsible for reimbursing the Terminal for the cost of repairing said damage, including the cost of any emergency actions required to be taken by the Director of Operations, the Terminal, the U.S. Coast Guard, and/or other emergency services to limit the scope of such damage.

e. The Director of Operations reserves the right to repair, contract, or cause to be repaired, any and all damage to Docks, wharves, buildings, utilities, and equipment caused by Vessels, their owners and/or agents, operators, or other parties and hold them responsible for payment. Any repair charges will be billed to users at cost plus 20%. All repairs must be reviewed and approved by the Director of Operations.

f. Users are held liable for all claims, losses, costs, or expenses by reason of property damage, personal injury or death which may occur, directly or indirectly as the result of overweight or improperly stowed cargo, without regard as to whether such omissions be intentional or accidental.

B. HANDLING OF MATERIALS INCLUDING FREIGHT AND CARGO

RIGHT TO REFUSE CARGO – The Director of Operations shall at all times have the right to refuse to accept, receive or unload, or permit a vessel to load or discharge:

a. Cargo for which previous arrangements for space, receiving, unloading or handling has not been made with the Director of Operations by the cargo owner;

b. Cargo not suitably packed for safe transportation;

c. Cargo with a cargo owner that is responsible for outstanding charges that have not been paid;

d. Cargo deemed by the Director of Operations, in the reasonable exercise of their discretion, to be offensive, perishable, obnoxious, or hazardous.

e. Hazardous cargo not prepared for shipment in accordance with the applicable Department of Transportation regulations (including, but not limited to, 49 C.F.R. Parts 171-179);

f. Cargo, the value of which may, in the opinion of the Director of Operations, be less than the probable service charges and other charges related to it;

g. Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the Director of Operations, the circumstances then prevailing or likely to occur will prevent the Docks or Terminal facilities, or any Portion of them, from providing customary service to the public;

h. Cargo not properly labeled;

i. Cargo beyond the acceptable, stated weight;

j. Cargo not properly packaged or contained;

k. Hazardous cargo that is mislabeled and/or was not previously granted permission to be accommodated; and/or

l. Cargo of a nature that may create a safety concern for the Port or when the Terminal is not properly equipped to handle such cargo.

OFFENSIVE FREIGHT – Hazardous or offensive freight, which, by its nature, is likely to damage freight or the Terminal is subject to immediate removal either from the wharf or wharf premises or to other locations within said premises with all expense and risk of loss or damage, for the account of the cargo owner.
RIGHT TO REMOVE, TRANSFER, OR WAREHOUSE CARGO – The Director of Operations may move or remove Cargo from the Terminal to safeguard life and property, for the convenience of the Director of Operations, or if freight remaining on wharf or wharf premises remains after expiration of free time. Freight shut out at time of clearance of vessel may be piled or re-piled to make space, transferred to other locations or receptacles within the wharf premises, or removed to public or private warehouses with all expense and risk of loss or damage for account of the owner, shipper, consignee, vessel operator, or carrier as responsibility may appear.
ACCESS TO CARGO RECORDS – The vessel operator will be required to allow the Director of Operations to have access to the manifest of cargo, loading list, or other transportation documents at the earliest time that such documents are available and no later than 48 hours prior to the time that cargo and/or passengers are to be loaded to or discharged from a vessel. Such documents must be provided for the purpose of supervising the proper use of the Terminal and obtaining the data necessary to permit the correct determination of charges. Any such information shall not be disclosed to any person other than a member of the Port Commission or MSPA staff carrying out official duties, unless a formal request is received, and a legal determination is made which requires the release of this information.
STORAGE LOCATION – The MSPA reserves the right at its option to require the cargo owner to store in a public warehouse, or to move to another location on the Terminal at the entire risk and expense of the cargo owner, all cargo which is not removed at the expiration of the prescribed free time. The MSPA shall have a lien on such cargo for all charges due.
ABANDONED CARGO OR EQUIPMENT – If cargo (such as damaged or unsaleable cargo) or equipment is abandoned and left upon the Terminal, the cargo owner will be responsible for removal of such cargo at its own expense and for reimbursement to the MSPA if any wharfage, demurrage, or other charges have accumulated. The Director of Operations may, at their discretion, require a delay in departure of the vessel until such cargo or equipment has been removed, and all accrued charges have been paid in full. Cargo or equipment abandoned on the Terminal may be disposed of in a manner determined by the Director of Operations including disposal or sale of the cargo or equipment as appropriate.
HAZARDOUS CARGO – Notice shall be given to the Director of Operations of any vessel, truck, rail, vehicle, or any other conveyance carrying cargo which is hazardous, extremely flammable, corrosive, explosive, or otherwise possesses a significant risk of harm to property or persons at least seventy-two (72) hours prior to landing or use of Docks. Such notice shall include Material Safety Data Sheets (MSDS) for all hazardous cargo. All hazardous cargo must be properly labeled in accordance with Federal HAZMAT and International HAZCOM requirements. Failure to have proper labeling will result in cargo being refused entry into the Terminal.
EXPLOSIVES AND DANGEROUS OR OBNOXIOUS CARGOES – No gunpowder, explosives or other dangerous or obnoxious cargoes listed in USDOT Hazard Classification System Classes 1 through 9 inclusive shall be discharged or loaded upon the Terminal except by written permission of the Director of Operations. Firearms, civilian or military, and military equipment shall be considered as dangerous cargo under this item.
EXPLOSIVES OR VOLATILE CARGO PERMIT – The following shall apply:

a. The acceptance, handling, or storage of explosives, highly flammable, corrosive, highly volatile material shall be subject to special arrangements with and permission of the Director of Operations and governed by rules and regulations of Federal, State, local authorities, and the Rules and Regulations of the Port of Gulfport

b. Written applications for the transfer or movement of explosives and dangerous or obnoxious cargoes through the Terminal shall be made to the Director of Operations. Such application shall, at a minimum, include the following information:

Names, addresses, telephone numbers and other pertinent information regarding persons and agencies to contact in the event of emergency;
Description of the cargo, including DOT Hazard Classification System Class 1 through 9 designations;
Amount of cargo, including the number and weight of packages or containers;
Copies of relevant Safety Data Sheets (SDS) that clearly state the nature of the cargo or other materials brought on site and specific emergency response actions to be taken in the event of spillage, fire or other emergency;
Copies of all relevant DOT shipping documents specifying the shipping name of the cargo, hazard class or division thereof, packing group, and emergency response requirements; and
Copies of relevant documentation for cargoes comprised of firearms, firearms components, and/or military equipment, including required End-User Certificates, along with relevant shipping and clearance documents.

c. All explosives or other dangerous or obnoxious cargoes, if permitted to be loaded or unloaded at the Terminal, shall be clearly labeled in accordance with all applicable Federal, State, and Municipal laws and regulations governing the transportation, storage, and handling of hazardous cargoes.

d. The handling, loading, unloading and storage of explosives and/or other dangerous articles or substances shall be subject to all applicable laws, rules and regulations promulgated by the United States of America, the State of Mississippi, the City of Gulfport, and other proper and competent authorities.

e. If handling is permitted, cargo of class 1 (explosive) or class 7 (radioactive) designation, or acids, corrosive liquids, or poisons, for loading to or discharging from a vessel, shall not be allowed on the Terminal until it can be loaded aboard a vessel or be allowed to remain on the Terminal beyond what is necessary to transfer the cargo from the vessel or to the vessel, except by the express written permission of the Director of Operations. The Director of Operations shall be notified as far in advance as possible of the date and time of receiving such cargo, in order that a suitable location may be designated for a temporary place of rest for such cargo pending loading and removal from the Terminal. Such notification shall include any special provisions for cargo handling and security, the cost of which shall be the responsibility of the vessel or owner. Inbound, such cargo shall be removed from the Terminal forthwith on the day it is discharged.

f. The Director of Operations may require the vessel operator and/or cargo owner to employ special watchmen or security at the operator’s or owner’s expense, to watch over any dangerous cargo on the Terminal when in the judgment of the Director of Operations such action is necessary to protect the public safety, property and cargoes against fire or other hazards until the cargo has been removed from the Terminal.

g. In the event of spillage, breakage, release, fire, or other emergency event, the Vessel Operator and/or Cargo Owner of the dangerous cargo shall have sole responsibility for the costs of emergency response, including the costs of any clean-up and repair actions required to make the Terminal safe for general use.

OWNERS RISK – Glass, liquids, and fragile articles will be accepted only at the cargo owner’s risk for breakage, leakage, or chafing. Freight subject to damage due to extremes of temperature will be accepted only at cargo owner’s risk. Freight in open storage on wharf platforms or ground is at Cargo Owner’s risk for loss or damage. Timber and logs or lumber rafts, and all watercraft, if and when permitted by the Director of Operations to be moored in slips at fleeting areas, moorage dolphins, at wharf, or alongside vessels, are at Cargo Owner’s and/or Vessel Operator’s risk for loss or damage.
LIVESTOCK – The acceptance and handling of livestock shall be subject to special arrangements with the Director of Operations, and governed by rules and regulations of Federal, State, and local authorities.
OVERWEIGHT CARGO - Users are held liable for all claims, losses, costs or expenses by reason of property damage, personal injury or death which may occur, directly or indirectly as the result of overweight or improperly stowed cargo, without regard as to whether such omissions be intentional or accidental.

C. RIGHTS OF THE TERMINAL

RIGHT TO BOARD VESSEL AND INSPECT – The Director of Operations may enter upon and inspect any vessel at the Terminal to determine the kind and quantity of cargo aboard or to identify safety or security concerns. No person or persons shall hinder, molest, or refuse entrance upon such vessel for the stated purposes above.
MANIFESTS REQUIRED OF VESSELS – Vessel operators, shippers, operators, or their agents are required to furnish the Director of Operations with complete copies of vessel manifests showing names of consignees or consignors and the weights or measurements of all freight loaded or discharged at the Docks or Terminal facilities. Such manifests

must be certified as correct by an authorized official of the company and must also designate the basis of weight or measurement on which ocean freight was assessed. In lieu of manifests, freight bills containing all information as required above may be accepted.

D. ENVIRONMENTAL

COMPLIANCE – All users, cargo owners, vessel operators, and persons entering the Port shall comply with all environmental regulations of the Federal government, State of Mississippi, the Mississippi Department of Environmental Quality, the City of Gulfport, and the MSPA.
RUBBISH – No rubbish or materials of any kind shall be dumped overboard from vessels or onto wharves. Rubbish, refuse, or other materials placed temporarily on the Terminal must, upon demand, be removed from the Terminal by the person or persons placing it there. The Director of Operations reserves the right to remove or cause to be removed rubbish at the expense of the party responsible. Rubbish may only be removed from the Terminal by contractors licensed by the Director of Operations.
DISCHARGE OF LIQUIDS – Vessels may not discharge fluids overboard including black water, graywater, or other liquids while at the Terminal. This shall not include cooling water from engines or treated wastewater from systems compliant with the federal and state sewage treatment equipment regulations.
STACK EMISSIONS – Vessels may not produce visible or noxious stack emissions at any time while alongside the Terminal. All vessels must conform with international rules and Environmental Control Area requirements for stack emissions.
DUNNAGE –

a. All dunnage entering the Terminal utilized for import or export to or from international locations shall be certified infestation-free and marked accordingly with an ISPM 15 Mark or equivalent.

b. If Dunnage material, packaging material, wires, bands, or refuse of any kind have accumulated on the Terminal during cargo storage, loading or unloading, the vessel operator will be held responsible for the prompt removal of such material immediately at the completion of loading, unloading, or handling operations, and such removal is to be at vessel operator’s expense. If such requirement is not promptly complied with, the Director of Operations will immediately remove, or cause to be removed, such material, and the expense incurred will be charged to

the vessel operator or shipper.

HAZARDOUS MATERIAL STORAGE AND WASTE – a. No dangerous or hazardous waste materials may be stored on the Terminal by any persons without permission of the Director of Operations.

b. All such materials, liquid or solid, must be promptly removed from the premises at the completion of loading, unloading, or maintenance operations at the expense of the persons responsible for such materials.

c. All persons at the Port shall comply with all relevant provisions of Federal, State, Municipal, and MSPA laws and regulations in the storage, handling, and disposal of hazardous waste materials.

d. Compliance shall be in such a manner to avoid environmental harm and to create no indemnity for MSPA. E. VESSEL MOORING

BERTHED – The following rules apply to all vessels berthing or moored at the Terminal.
1. Vessels berthing or moored at the Terminal must be properly managed at all times.
2. Vessels berthing or moored at the Terminal must have available sufficient
personnel and equipment to move the vessel at all times. c. Vessels berthing or moored at the Terminal must meet international and Federal Security regulations and other rules including properly licensed and documented personnel. d. In the event of severe weather, the Director of Operations reserves the right to order one or more tugs or towboats if, in his/her opinion, the use of tugs or towboats is appropriate. In such case, the vessel operator shall be responsible for the cost of tugs or towboats. e. Vessel personnel shall monitor, at all times, weather conditions and traffic to ensure there is no risk to the vessel while moored at the Terminal. The Director of Operations reserves the right to shut down operations between the vessel and the Terminal if, in his/her opinion, a danger to personnel or property exists.

f. Any user wishing to conduct equipment or vessel maintenance must notify, and receive permission from, the Director of Operations. Permits are required for hot work. g. The vessel operator shall take all precautions to ensure that any liquid waste discharged into tank trucks ashore is done in such a manner to conform with US non-pollution requirements and in a manner to prevent spills into the waters of the Port or on Terminal property. Only licensed vendors may be used for such waste discharge. Any spills must be reported to the Terminal immediately and, if in the waters of the Port, to the US Coast Guard. h. Gangways between vessel and shore shall be properly secured and tended at all times. Where appropriate, safety nets may be required by the MSPA or the Director of Operations. Gangways shall be properly lit during periods of dusk, darkness, and limited visibility. i. Vessel owners, agents, and/or operators for any vessels berthed, fleeted, or moored at the Terminal must be reachable by phone or radio at all times. The means and contact information must be provided to the Port Authority upon docking.

APPROACH AND DEPARTURE FROM BERTHS – Vessels approaching or departing berths when passing in and out of Federal and State channels, over submerged lands outside of the immediate Terminal berths, do so at their own risk and shall not hold the Port, MSPA, or the Terminal responsible for any vessel damage or casualty during such transit.
APPLICATION FOR BERTHING – All vessels desiring a berth at the Terminal shall, as far in advance of the date of Docking as possible, and no less than 48 hours in advance of the scheduled time of arrival, make application for berthing to the Director of Operations. Applications for berthing are provided by the Director of Operations on request.
ASSIGNED BERTH – All vessels receiving berth assignments from the Director of Operations, shall Dock or fleet at their respective assigned location at the Pier and in fleeting areas, at the time and for the period stated in their application, and shall be solely responsible for making prior arrangements for Docking assistance and related services, and for notifying the Director of Operations of such arrangements. Vessels berthing at the Terminal must provide confirmation of berthing to the Director of Operations at least 12 hours in advance of arrival.
NON-INTERFERENCE – All vessels are responsible for ensuring that personnel providing Docking assistance or loading, unloading, or handling services do not interfere in any way with the rights of other Terminal users or tenants to free access or use of their pertinent leased or designated areas of the Terminal, and that such personnel exit the Terminal upon completion of the relevant services.
OPERATIONAL SPACE – No personnel providing Docking assistance or loading, unloading, or handling services shall be allowed to enter into or infringe upon any space upon the Pier other than that required for Docking and cargo/passenger loading and unloading, and designated by the Director of Operations for such purposes. All vessel docking, loading and unloading, embarkation and disembarkation, and departure operations shall be conducted by the vessel in a manner that will not interfere with the operation of other users, including the movement of trucks, personnel, equipment, to or from any other part of the Terminal.
SCHEDULING OF VESSELS – The Director of Operations reserves the right to establish vessel berthing schedules and the use of all Terminal facilities for the convenience of the Port. If there are any vessel traffic or berthing conflicts, the Director of Operations shall have final authority over berthing assignments.
EMERGENCY COMMUNICATIONS - In case of emergency, including fire, explosion, or similar incident, and in case of injury, the vessel operator shall call 911 and then notify the Port Authority.
RIGHT OF TERMINAL TO MOVE VESSELS – The following shall apply: a. Whenever necessary for the proper and safe operation of the Terminal and/or its facilities, the Director of Operations may order a vessel or its associated barges to depart the Terminal or to move to such other place as directed at the expense of the Vessel Operator. The Director of Operations may order a vessel to move, to such a place as directed, at the vessel operator’s expense when, in the opinion of the Director of Operations:
It is necessary for the proper operation of the facility;
There is an emergency;
Terminal congestion may be ameliorated by such a move;
A vessel is offensive or hazardous;
A vessel contains hazardous cargo or cargo that is labile to damage other vessels, cargo, or Port facilities; or
The vessel’s berthing is in conflict with another vessel who had previous arrangements.

b. The Director of Operations reserves the right to have a vessel moved or removed at the expense of the vessel operator when the order to comply is not acted upon.

c. If any damage occurs to the pier or other property as a result of such a move, or should any equipment and/or labor be rendered idle by such a move, all expenses shall be charged to the vessel operator.

F. LIABILITY AND INSURANCE

LIABILITY – The MSPA, its officers, agents, or employees shall not be held responsible for loss or damage by whomever causes loss or damage to vessels, persons, or cargo or to any other property in or upon, or moving or being moved over, in, through, or under any pier, wharf or other structure or property owned, controlled, or operated by the MSPA, resulting from any cause whatsoever, including but not limited to, loss or damage which in any manner is caused by or results from the following: theft; pilferage; animals, including rats, mice, and other rodents; birds; insects; shrinkage, wastage, seepage, or leaking containers; heating; evaporation; fire or the extinguishing thereof; dampness; rain, floods, freezing, frost, or other action of the elements or acts of God; collapse of walls, piers, or other structures; breakdown of plant, machinery, or equipment; damaged cargo containers or packaging; floats, logs, or pilings required to breast vessels away from wharves; sabotage, insurrection, revolution, or war; riot; strikes or any combination of the foregoing, including clerical errors or omissions in the dispatch of cargo.
RESPONSIBILITY FOR SAFETY, SECURITY – Vessel operators shall be solely responsible for the safety and security of cargo, personnel, crew, and passengers loaded or unloaded, embarked or disembarked at the Terminal. a. Vessel operators shall make proper provision, in consultation with the Director of Operations, for safety and security.

b. Tenants leasing warehouse storage space or other facilities at the Port shall be solely responsible for the condition, safety, and security of stored goods and personnel providing services within their respective leased space.

c. Users agree to cooperate with the Director of Operations and enforce all applicable rules and regulations of the MSPA as contained in this Tariff, or supplemental rules, regulations, or agreements, with respect to its agents, employees, contractors, guests, and invitees.

INSURANCE FOR SERVICES – The rates contained herein do not include insurance of any kind. The interested party should procure insurance, including, but not limited to, fire, theft, casualty and liability or any other such insurance as deemed appropriate by the Director of Operations. The MSPA shall be under no obligation to provide insurance of any type for any vessel, cargo, or liability arising out of use of the Terminal.
INSURANCE – The Director of Operations reserves the right to request specific insurance and may request certificates from users to confirm they have the required levels to cover operations. The Director of Operations shall furnish the user with the requirements for insurance and minimum levels required. The MSPA can specify additional insurance for operations or users or may require to be named co-insured on policies. Requirements for users as applicable may include but are not limited to:

a. Workers’ Compensation, including Social Security, Unemployment, and Longshore and Harbor Workers endorsements, required under all applicable Federal and State statutes and municipal ordinances for all the user’s employees performing its work, in amounts established by the state of federal law, and Employer’s Liability Insurance in the amount of not less than $1 Million ($1,000,000.00);

b. Comprehensive General Liability Insurance (including coverage for automobile liability, broad form contractual liability, and property in the insured’s care, custody, and control) against all claims for bodily injury, death, or property damage occurring on, in, or about any vessels being loaded or discharged by a party, or the Port, and the adjoining areas, with limits as to bodily injury or death and property damage of not less than $1 Million ($1,000,000.00) for each occurrence;

c. Stevedore and Terminal Operators Liability;

d. Property Damage Insurance, with limits not less than $500,000 per occurrence;

e. Commercial Automobile Liability;

f. Excess Public Liability and Property Damage Liability;

g. Protection, Indemnity and Hull Insurance with Wreck Removal rider;

h. Marine Pollution Insurance;

i. Cargo insurance;

j. Warehousing Legal Liability; and

k. Other such insurance coverage as deemed appropriate by the Director of Operations.

FORCE MAJEURE – In the case of occurrence of unusual circumstances, without any fault of the MSPA, including without limitation, damage or destruction to premises, including vessels or cargo, by fire, flood, civil disturbance, earthquake, tidal wave, wind, explosion, public enemies, war, Acts of God, marine casualty, Government action, labor actions, or similar circumstance, the MSPA shall not be held liable for any impacts on users, vessels, persons, or cargo.

G. MISCELLANEOUS

VERIFIED GROSS MASS REQUIREMENTS – All users must comply with verified gross mass requirements as applicable. Scale and weighing services for container, truck, or cargo weight information are available at the Port. A surcharge for use of scales applies. A.
CAPABILITIES – The Director of Operations reserves the right to refuse to permit the handling of cargo that exceeds the maximum allowable weights on the Terminal or any portion thereof, or is, in the determination of the Director of Operations, outside of the safe operating parameters of the Terminal.
PIER LOADING PERMIT – A pier loading permit shall be required for the handling of any cargo requiring crane equipment contracted from outside of the Terminal. Such permit shall only be granted upon presentation of a detailed engineering survey provided

by the party handling the crane and cargo and at the cost of the party requesting a permit.

STEVEDORING SERVICES – The services of handling, loading, and unloading, and other services not specified herein, shall be provided only by stevedores as licensed by the Director of Operations for provision of those services. Handling, loading, and unloading rates are furnished upon request by the service provider.
MOVEMENT OF CARGO AND PERSONNEL – Temporary storage, loading, and unloading of cargo at the Terminal shall be accomplished within the free time specified in this Tariff unless written arrangements for additional time are made with the Director of Operations. In addition: a. Embarking and disembarking of personnel shall be accomplished within the time specified in prior written arrangements made with the Director of Operations. Vessel operators shall be responsible for the safety and security of personnel crossing the Pier, with pedestrian routes to be clearly designated and marked at the expense of vessels.

b. Vessel operators and/or cargo owners are solely responsible for making any necessary arrangements for required inspections of cargo by the U.S. Customs, and for bonded storage or other clearances when required. The Director of Operations shall be informed of arrangements made for U.S. Customs inspection and/or bonded storage and of any requirements for cargo, personnel and equipment movements at the Terminal for such purpose.

c. The Director of Operations may bar passengers or visitors from the Terminal for the purposes of safety or security as deemed necessary by the Director of Operations.

AVAILABILITY OF CARGO FOR DELIVERY – The Vessel operator shall be responsible for making inward or outward bound cargo on the Terminal available for delivery to consignees or the vessel. The Vessel operator shall notify the Director of Operations of such arrangements for delivery of cargo to consignees, including the estimated number of trucks and the relative timing of cargo pickup/delivery by truck.
VEHICLE PARKING – No persons shall be allowed to park automobiles on the Port without express permission from the Director of Operations. When such permission is granted, parking shall be entirely at the risk of the owner and/or operator, and the MSPA shall not be held liable for any loss or damage resulting from such parking. The Director of Operations shall designate those areas on the Terminal or other Port property where

parking is permitted, and may issue, or cause to be issued, parking permits for vehicles. Any vehicles not properly parked in designated areas may be towed by the MSPA at the owner’s expense. A surcharge for vehicle parking or parking permits may apply.

VEHICLE SAFETY – All persons operating a vehicle on Port property must wear seatbelts. Vehicles must adhere to all posted speed limits. Vehicles may not be left idling when unattended.
SMOKING – There is NO Smoking allowed in any of the buildings in the Port. No smoking shall be allowed on Port property except in approved areas or locations specifically designated by the Director of Operations for that purpose. Persons violating this rule may be barred, at the discretion of the Director of Operations, from further use of the Port or any Portion thereof, and in addition, shall be subject to prosecution under the applicable Federal, State, and Municipal laws.
ILLEGAL DRUGS – The use of illegal drugs under Federal Laws of the United States on any port property is strictly prohibited.
ALCOHOL - The possession and/or consumption of alcoholic beverages on Port property and facilities is prohibited without the proper licenses and the approval of MSPA and/or its CEO/Executive Director.
WEAPONS, AMMUNITION, AND EXPLOSIVES - No weapons of any type are permitted in the Port except for those carried by persons in law enforcement in the execution of their duties. Ammunition and explosives are prohibited from the Port without proper permits, handling procedures defined, and permission of the Director of Operations.
HOT WORK – There is no burning or welding on the pier or on vessels alongside of the pier unless written permission of the Director of Operations is granted, a plan is submitted to and approved by the Director of Operations, and the following conditions are met: a. The user wishing to perform the hot work complies with all federal, state, and municipal laws, ordinances, and regulations governing the performance of hot work, including those set forth in 33 CFR 126;

b. The user wishing to perform the hot work notifies the Port Authority, of where the user wishes to perform the work, the distance of that area from any dangerous cargoes, and the work plan the user has generated; c. All flammable vapors, liquids, and/or solids have been completely removed from any container, pipe, or transfer pipe to be worked on; d. Any tanks to be worked on that are typically used for the storage of flammable or combustible substances are tested and certified gas-free; e. No gas-freeing operations, related to bulk cargo operations involving flammable or combustible materials, are occurring within 100 feet (30.5 meters) of the planned work area; f. No fueling is occurring within 100 feet (30.5 meters) of the planned work area; g. No hazardous materials are within 50 feet (15.25 meters) of the planned work area; h. Any hot work on the boundary of a compartment (e.g. a bulkhead, wall, or deck) has a fire watch stationed in the adjoining compartment (in addition to fire watch(es) required by NFPA 51B); i. Personnel on fire watch have no other duties other than to watch for the presence of fire and prevent the development of hazardous conditions; j. All safety precautions in relation to purging, inerting, and/or venting related to hot work on containers are followed; and k. Should a fire or other hazard occur, all cutting, welding, or other hot work operations and equipment are shut down immediately.

FUELING AND LIQUID BULK PETROLEUM TRANSFER

a. COMPLIANCE – Fueling and liquid bulk petroleum transfer operations at the Terminal by vessel or vehicle shall be done only with the permission of the Director of Operations and in accordance with US Coast Guard regulations; 33 CFR Parts 155 & 156; 46 CFR Sections 12, 15, & 35; State environmental protection regulations; and all local and Municipal regulations. Such operations shall be conducted in a manner to prevent spills into the waters of the State of Mississippi and/or on Port property. Only licensed vendors or operators may conduct such transfers.

b. SHIP/SHORE SAFETY CHECK LIST - Prior to the transfer of fuel, the vessel operator and Port Authority shall complete a pre-transfer safety check off list in accordance with federal regulations.

c. FIREFIGHTING EQUIPMENT - All vessels shall have firefighting equipment ready for use during fueling. All personnel involved in bunkering, fueling, and/or liquid bulk transfer operations must be trained in firefighting. Each transfer operation shall have a designated and qualified Person-in-Charge (PIC).

d. NOTICES - All vessels, while engaged in bunkering or fueling, shall display a sign stating the following: “WARNING, NO VISITORS, NO SMOKING, NO OPEN LIGHTS.”

e. ACCESS TO VESSEL DURING FUELING - Access to vessels while fueling shall be restricted to crew and essential personnel.

f. FLAGS AND LIGHTS - All vessels, while fueling, shall display a red flag during the day and a red-light during darkness.

g. EMERGENCY SHUTDOWN - An emergency shutdown procedure shall be established by persons handling, bunkering, fueling, and/or liquid bulk transfer operations. Such procedure shall be established and tested prior to the transfer of fuel.

h. COMMUNICATIONS - All personnel involved in fueling or bunkering operations shall remain in close communications at all times.

i. SPILLS - Any spills must be reported to the Port Authority immediately and, if in the waters of the Port, to the US Coast Guard. Any spills on Port property will be cleaned up immediately at the expense of the user responsible.

EQUIPMENT – Cranes and other equipment to be used for vessel loading, unloading, or cargo handling on the Terminal, or for the movement of cargo stored within Terminal facilities, shall be operated by authorized personnel only, shall be properly load-rated for such use, and shall be operated in a manner to prevent damage to property or harm to personnel. Vessel Operators shall be responsible for making arrangements for the availability of such equipment as required for cargo loading and unloading and for notification of the Director of Operations of such arrangements.
REQUIRED STORAGE CLEARANCES – When storing cargo on the Terminal or in warehouses, the following clearances shall be maintained: a. At least two (2) feet of clear and open space shall be maintained free of rubbish, dunnage, or other obstructions between cargo, freight, merchandise, bulkheads, partitions, doors, windows, bollards, cleats, or other material piles and fire lanes.

b. At least four (4) feet of clearance and open operating space on all sides of fire hydrants, fire alarm boxes, standpipes, fire hoses, sprinkler valves, fire doors, deck hatches, or first aid appliances.

c. When other safety equipment or deck hatches are located in a space surrounded by cargo, freight, merchandise, or other materials, there shall be maintained a straight, free, and open space at least three (3) feet in width running therefrom to the center aisle. This space shall be kept clear of rubbish, dunnage, and other obstruction.

d. A main aisle of at least twenty (20) feet in width shall be maintained on Port property to allow fire trucks or other emergency vehicles to have access throughout all Port property. Free and unobstructed operation of all automatic operating fire gates.

e. Free, unobstructed, and direct access to all buildings and fire hydrants by the Fire Department.

f. Flammable or combustible cargo, freight, merchandise, or other material, not including bulk cargo, shall not be tiered higher than twelve (12) feet.

g. No cargo shall be placed or stacked on any Portion of the facility including warehouses, not approved by the Director of Operations, nor will persons be allowed pedestrian access to any restricted areas of the Terminal unless properly isolated under the Terminal’s Facility Security Plan (FSP).

LIMITING WEIGHTS – Cargo must be stored or stacked so as not to exceed property weight limits as posted in specific areas. In general, cargo shall be stacked or piled on the pier or Terminal so as to produce a uniform loading.
COMPLIANCE FOR STORAGE – Storage undertaken in any part of the premises shall be done in such a manner as to prevent damage to the Terminal, and to comply with the regulations of the United States Coast Guard, United States Environmental Protection Agency, State of Mississippi and all cognizant regulatory agencies.
OPERATING AREA AS AUTHORIZED – All users shall confine their operations to the area designated by the Director of Operations, or by the terms of relevant leases. Users involved in work for a vessel or tenant may not enter or encroach upon areas designated by the Director of Operations for use by other users.
BARGE CLEANING – Barges required to be cleaned shall be done so at the expense of the vessel owner or representative. All other charges apply, including dockage charges.
HANDLING OF LOOSE MATERIAL – Any vessels, operators, or users handling loose, granular material shall control all dust generated by such handling so that Port property and other tenants are not impacted. Users shall meet all prevailing safety requirements and will mitigate all potential fire, explosive, or health hazards arising from the handling of loose material. Handlers must remove all debris and material associated with such handling of material.
SERVICE VEHICLES - Service vehicles shall only be permitted on port property when such operations are licensed by the MSPA and may only operate in designated areas. All such services are responsible for the disposal of trash, liquids, and other materials by

personnel or customers. The Director of Operations has the authority to cancel any licensed service when not in compliance with these regulations or license provisions. 23. UNAUTHORIZED PERSONS - No unauthorized persons are permitted in the Port at any time. Unauthorized persons are subject to confinement by security and arrest by local law enforcement. 24. PERSONAL SAFETY EQUIPMENT – All persons on the Terminal, including those not employed by MSPA or its licensed contractors, shall wear highly-visible safety vests or outer clothing, and shall utilize such other safety equipment such as hard hats, protective clothing and shoes, safety eyewear, hearing protection, gloves, chemical resistant boots, and/or other equipment as appropriate. All persons working near the edges of docks, piers, and berths shall also wear floatation equipment while working in those areas. 25. MEDICAL EMERGENCIES - In the event of a medical emergency or accident, any person observing the emergency must call 911, ensure the area is safe to render aid, and render aid. The Director of Operations must be notified of all such medical emergencies or accidents as soon as possible. Vessel operators shall confirm their ability to undertake such communications. 26. SAFETY INSPECTIONS - The Director of Operations reserves the right to conduct announced or unannounced inspections to ensure compliance with these regulations. Operations may be halted, or personnel directed out of the Port, at the discretion of the Director of Operations for non-compliance. 27. VEHICLE WARNING LIGHTS/ALARMS - All vehicles engaged in operations on the Terminal shall display a flashing amber light and shall be equipped with back-up alarms. Vehicles transiting to and from work sites on the Terminal shall display a flashing amber light. 28. UNLAWFUL ACTS - Unlawful acts committed by persons on the Port of any type shall be referred to local law enforcement for action. 29. CONDUCT - All persons on the Terminal shall conduct themselves in an orderly and professional manner. The use of discriminatory language is strictly prohibited. The Director of Operations reserves the right to have persons removed or barred from the Port for non-compliance. 30. MILITARY VESSEL CREW SECURITY - Military vessels calling on the Terminal will provide personnel to assist Terminal security with the management of persons entering or leaving the Terminal. A complete list of officers and crew must be provided to the Director of Operations upon arrival.

HANDICAPPED ACCESS - Handicapped access to vessels berthed at the Terminal is not provided.
PUBLIC TOURS OF VESSELS - Public tours of vessels are not permitted unless by previous arrangement and permission of the Director of Operations and in conformance with security requirements.
LAYBERTHING - Vessel operators that are responsible for vessels layberthed at the Terminal in inactive status shall inspect such vessels regularly as specified by the Director of Operations. Such inspections and the condition of vessels are to be reported to the Director of Operations. The Director of Operations shall have the right to enter upon a vessel to inspect its condition at any time. Vessels must be properly moored at all times at the direction of the Director of Operations. All vessels must be maintained in a safe and secure condition. Vessels not in compliance will be directed to be removed from the Terminal or removed at the owner’s expense.

Section IV. RATES, CHARGES, TERMS AND CONDITIONS A. PAYMENT OF CHARGES

APPLICABILITY – All Users of the Terminal shall be subject to the following fees, terms, and conditions as published in this Tariff.
PAYMENT DUE – All payments are normally due and payable upon presentation of an invoice.
CREDIT – Any User doing business under this Tariff may apply for credit. Failure to pay credit accounts within thirty (30) days may result in cancellation of credit privileges and the re-establishment of cash terms.
DELINQUENCY – If payment is not received within the specified period, the responsible party will be placed on a delinquent list. Such party shall be denied further use of the Terminal until all outstanding charges have been paid.
FINANCE CHARGE – Invoices not paid within thirty (30) days are subject to a finance charge of 10% of outstanding balance per month.
PAYMENT APPLICATION – The Director of Operations may apply any payment received against the oldest outstanding invoices.
RESPONSIBILITY FOR PAYMENT – The Vessel operator, shipper, operator, agent, or assignee agrees to guarantee and pay all Terminal charges which are assessed against the vessel or cargo in accordance with the terms and conditions specified in this Tariff. Agents or representatives are held fully responsible for all charges on behalf of who they represent if they arrange for facilities, equipment or other chargeable services according to the terms outlined in this Tariff.
PREPAYMENT OF CHARGES – The Director of Operations may, at their discretion, require a pre-paid deposit of sufficient funds to cover all charges under any of the following conditions:

a. If written guarantee for payment of charges is not provided;

b. Where a party does not have approved credit;

c. If the parties representing a vessel have habitually been delinquent in payment of charges due; or

d. If the vessel operator or cargo owner is unknown to the Director of Operations and, in the opinion of the Director of Operations, prepayment is warranted.

COLLECTIONS – Accounts referred to an attorney or an agency for collection are subject to a surcharge and additional court and collection costs.
WITHHOLDING OF CARGO – The Director of Operations reserves the right to withhold delivery of any cargo until all accrued Terminal charges have been paid in full.
RIGHTS AGAINST VESSEL FOR NON-PAYMENT – The Director of Operations reserves the right to detain a vessel; establish a maritime lien upon the vessel, its cargo, and freights; or arrest a vessel for all unpaid charges due the Terminal.
DENIAL OF USE – The Director of Operations reserves the right to deny anyone the use of any Terminal until all past due accounts are paid.
DISPOSITION OF CARGO – The MSPA may refuse delivery or loading of cargo or passengers until all past charges have been paid.
ALTERNATIVE ARRANGEMENTS – The vessel operator or cargo owner may request alternative arrangements for use of the Terminal and any attendant charges or payment terms prior to the arrival of a vessel or handling of cargo to the satisfaction of the Director of Operations. The Director of Operations and the MSPA are under no obligation to grant any requested alternative arrangements and may do so at their sole discretion.
CURRENCY – All amounts are in United States Dollars (USD).

B. RATES, CHARGES, AND FEES

RIGHT TO ADJUST RATES – The MSPA, at its discretion, reserves the right to adjust rates on an annual or as-needed basis, providing sufficient notice is given to all tenants, vessel operators, cargo owners, and users.
DOCKAGE

a. Applicability – Dockage will be assessed against a vessel, its owners, agents, or operators on the basis of the Length Overall (LOA) of the vessel for the period the vessel remains docked, moored, or fleeted at any MSPA facility. The maximum length as listed on the vessel’s Certificate of Registry (COR), or as measured and accepted by the Director of Operations shall be used in determining the length overall for the vessel. Dockage will be assessed against the vessel, its owners, agents, or operators at the rates shown below apply to a twenty-four-hour period or fraction thereof, including Saturdays, Sundays, and holidays.

b. Self-Propelled Vessels, excluding Tugboats – Per Diem Dockage charges for self- propelled vessels, excluding tugboats, are indicated in the table below. Vessel Length Overall (LOA) Charge per diem 0-300 $3.25 per foot 300 and over $12.75 per foot

c. Barges and Tugboats – Per Diem charges for Barges and Tugboats are as follows

Barges handling bulk materials $775 per diem
Tugboats or Barges moored in the Barge Mooring Area $100 per diem
All other Tugboats and Barges at the dock $250 per diem
Barges moored alongside vessels berthed at the Dock $150 per diem
TEMPORARY BERTH – Temporary berth may be assigned to tugs, barges, crew boats, research vessels, or any other vessel during any emergency, inclement weather, or any other condition requiring such assignment. Immediately upon arrival the master, owner, or agent must file a formal application for berth assignment, and all such vessels are subject to all applicable Port Authority rules, regulations, and charges. Tugs, barges, crew boats, research vessels, or any vessel during any emergency, inclement weather, or any other condition requiring dockage for a period of less than two hours will not be subject to dockage fees but should the vessel request dockage and stay at the dock for more than two hours, regular dockage will be charged. Should such vessel not have a licensed agent, the Port may, in its discretion, act as the vessel’s temporary agent and assign an agent’s fee in the amount of $100 for each 30-day period of continued service for each unit (tow) and all applicable charges shall be paid in full prior to departure unless acceptable credit or bond is provided to the satisfaction of the Port.
HARBOR FEES – A harbor fee charge will be assessed on all vessels entering the Port. The harbor fee will be assessed once per vessel per port call. This charge is in addition to all other charges described in this section.

Barges and Tugboats $65 per port call All other vessels $375 per port call

LINEHANDLING

a. Linehandling shall be mandatory for all vessels unless waived by the Director of Operations. b. Linehandling will be assessed at a flat rate based on the LOA of the vessel. Linehandling includes two hours of “standby time.” Each additional hour of standby time will incur additional charges per the table below (shifting of a vessel will also be at the rates below):

Vessel Length First two hours Each additional hour Vessels 300 feet or less LOA $300 $300 per hour Vessels over 300 feet LOA $500 $500 per hour

WHARFAGE a. Applicability – The following charges will be assessed against all cargo and freight discharged from or loaded to vessels, including lighters and barges.

b. Definitions – All wharfage charges will be tabulated based on the definitions given in this Tariff, and subject to the discretion of the Director of Operations. The Director of Operations has final authority over how cargo is defined and the rates at which wharfage charges are assessed.

c. Loaded vans or containers regardless of size

i. Temperature Controlled Containers $60 per container ii. Non-Temperature Controlled Containers $55 per container

d. Empty vans or containers, regardless of size, each $25.00/each

e. Commodity Rates – Cargo owners or vessel operators will be billed directly for all wharfage. No. Commodity (not containerized) Unit Cost Note 1 Agricultural Vehicles & Equipment Each $15.00 1

2 Agricultural Commodities Short Ton $0.80

3 Automobiles or Passenger Vehicles Each $6.00 4 Fruit or Perishable Cargo NOS Short Ton $0.80 5 Chicken, Refrigerated Short Ton $1.85

6 Cotton Bale $0.45

7 Hazardous Cargo Short Ton $5.80 8 Heavy Machinery under 12.5 short tons Each $20.00 2 9 Heavy Machinery 12.5 short tons and over Short Ton $2.00 3 10 Liquor, Wine, and Spirits Pallet $100.00 11 Lumber, processed or manufactured Short Ton $2.50 12 Lumber, raw MBF $11.00 13 Metals Short Ton $2.35 14 Vehicles, commercial up to 17.5 short tons Each $10.00 4 15 Breakbulk Cargo NOS Short Ton $2.75 16 Dry Bulk Materials discharged to wharf Short Ton $1.50 17 Dry Bulk Materials discharged vessel-to-barge Short Ton $1.15 18 Bulk Cargo NOS Short Ton $1.60 19 Heavy Lift/Project Cargo, less than 30,000 lbs Short Ton $2.50 20 Heavy Lift/Project Cargo, 30,000 lbs or more Short Ton $4.00

f. Non-containerized Commodity Notes –

Including tractors and other farm machinery
Including bulldozers and other machinery under 12.5 short tons
Including Machinery not otherwise specified
Includes all vehicles used for the carriage of commodities

g. Military Cargo Charges

Wharfage Rate: Military cargo will be assessed wharfage pursuant to the table above in Section B.6.
Terminal Rate: Military cargo will be assessed terminal rates pursuant to the table below. Where cargo is not specified in the table below, non- containerized commodity wharfage rates will apply. No. Military Cargo or Equipment Unit Cost 1 Tracked Vehicles Each $200.00 2 Vehicles NOS Each $100.00 3 Aircraft Each $200.00 4 Containers, Conex units, & vans Each $50.00 5 Boxed or Crated Parts Each $10.00
Land Use: Military cargo will be charged in 30-day increments at $2,000 per acre per increment.

h. Passengers – For passenger vessels using the Port on a port-of-call or homeport basis, a $6.00 per-passenger fee will be assessed upon vessel arrival. This fee will apply to all passengers embarking, debarking, or port-of-call passengers. Passengers may park vehicles in designated parking areas, subject to payment of posted parking fees. i. Wharfage Rate Modifications –

Vessel gear – Strongbacks, lines, hatch covers, barge covers, and other such vessel’s gear placed on the wharf during loading/unloading operations shall be exempt from wharfage charges.
Overside – Wharfage will be assessed at 50% for any cargo transferred directly from a vessel at the Terminal to another vessel, where such cargo does not ultimately pass over the Dock.
Stores & Bunkers – Ship’s stores and bunkers (fuel) intended for the vessel’s own use are exempted from wharfage charges.
Transshipped Cargo – Cargo discharged to the wharf from vessels and transshipped to another vessel will be exempted from the payment of the second wharfage charge, providing the cargo does not leave the wharf.
Potable Water – Potable water provided by MSPA is exempt from wharfage charges.
USAGE CHARGES – For the use of port facilities, all cargo handled by licensed stevedores is subject to an additional $0.28 per 2,000 lbs. usage charge. This charge is in addition to all other fees and charges that apply. Usage charges shall be assessed against the licensed stevedore.
TERMINAL STORAGE/WHARF DEMURRAGE a. Applicability – Any cargo that remains at the Terminal following the expiration of free time is subject to demurrage charges.

b. Free Time – Applies as follows:

Free time begins when the cargo reaches its point of rest at the Terminal.
Free time will be tabulated exclusive of Saturdays, Sundays, and Holidays.
Bulk cargo that has been discharged from a vessel, will receive 21 days free time following the completion of discharge operations.
Breakbulk, neo bulk, project, or container cargo that has been discharged from a vessel will receive 7 days free time following the completion of discharge operations.
Cargo that is to be loaded onto a vessel will receive 7 days free time following the delivery of the cargo to a point of rest on the Terminal.
Cargo that is to be transshipped between vessels shall receive free time as though it were outbound cargo as specified in this Tariff.

c. Lay-Down Areas –

No cargo is to be stored on any MSPA property without the express permission of the MSPA or its Director of Operations.
The Director of Operations may, at the request of a cargo owner, assign designated lay-down area for cargo to be stored.
Cargo and freight on any MSPA property not placed in a designated lay- down area must be immediately removed or relocated upon order of the Director of Operations.
A cargo owner who refuses to move such cargo or freight on demand will be assessed storage/demurrage at five times the applicable rate. In addition, the Director of Operations may, at their discretion, move, remove, or cause to be removed such cargo or freight at the expense of

the cargo owner, excepting any damages caused by lack of ordinary care by the Director of Operations.

d. Terminal Storage Rates –

Terminal storage shall apply to any cargo or freight stored on the Terminal - including the Dock, Pier, or wharf - except for freight stored within railcars.
After the expiration of free time, Terminal storage for containers, autos, trailers, and chassis will be assessed at $10.00 per day, per unit.
After the expiration of free time, all other cargo and freight will be assessed storage at rate based on how long free time has been expired per the table below: Days since free time expired Open Storage Transit Sheds Warehouses 30 days or less $1.50 per ton per day $7.50 per ton per day $5.00 per ton per day 31 days or more $4.00 per ton per day $15.00 per ton per day $10.00 per ton per day
EQUIPMENT RENTAL – The following equipment is available for operation by Terminal Operators, on request and with the permission of the Director of Operations. a. Crane Rental – MSPA cranes can be rented only by licensed stevedores. Crane rental does not include crane operators: licensed stevedores must provide qualified crane operators. Interested users can contact the Director of Operations for information on rates and availability.

b. Truck Scales – Weighing of trucks or trailers, empty or loaded, is available at the port for $10.00 per weighing. A verified gross mass certificate can be issued at the time of weighing at the request of the shipper or representative. A surcharge may apply on Saturdays, Sundays, Holidays, and overtime hours.

SECURITY a. Security Surcharge – Security surcharges for all vessels and cargo will be assessed at the following rates:
Vessels – 8.5% on total dockage assessed
Breakbulk Cargo - $0.20 per short ton
Dry Bulk Cargo - $0.08 per short ton
Liquid Cargo- $0.08 per short ton
Containers (Loaded) - $3.75 each
Passengers - $2.00 per person
All other cargo - $0.30 per short ton

b. Maritime Security – Security rates and staffing are subject to increase at the discretion of the Director of Operations in the event that the prevailing Maritime Security (MARSEC) level is increased.

POTABLE WATER a. Potable water is available at the port. Requests for potable water must be submitted to the Operations Division of the MSPA. b. Potable water hookup is subject to a connection fee of $175 plus applicable sales tax. The vessel must furnish its own equipment for potable water (e.g. hoses). c. Water will be charged at the then existing rate charged to the MSPA, plus applicable sales tax. d. MSPA reserves the right to refuse or limit the supply of water to vessels.
ELECTRICAL POWER a. Electrical power for refrigerated containers may be available to users through a licensed stevedore. Users can contact the Director of Operations for more information.
OVER-THE-ROAD (OTR) Cargo a. All inbound and outbound cargo passing through the Port, at its Terminal, where neither movement to nor from the Port is by water, will be assessed as follows: Cargo OTR Charge Containers, regardless of size $55.00 per container Non-Containerized $2.75 per short ton
RAILROAD TRACK USAGE/STORAGE a. General – All railcars arriving at the Terminal will be subject to a rail usage fee of $75 per railcar, loaded or unloaded. This fee is an addition to any other applicable fees or charges that the railcars may be subject to.

b. Rail Storage – Railcars receive 3 days free time following their arrival at the Terminal. After free time expires, railcars are subject to a rail storage fee of $20 per day per car.

DOCK CLEANUP – Port Users of the wharves, sheds, and other MSPA property shall be held responsible for cleaning of the property which they have been allowed to use or assigned or leased to them, including adjacent aprons and gutter, as directed by the Director of Operations. In the event that MSPA must provide such cleaning, or contract for such cleaning, the responsible User will be charged at the MSPA’s cost plus 20%.
SPECIAL CHARGES AND CHANGES IN CHARGES a. Charges – The MSPA may make special charges as they may deem necessary, concerning the use of piers or open spaces in the vicinity of the Terminal, buildings on the Terminal or the use of the Terminal by commercial, State, or Federal vessels, or by contractors working on Federal or State contracts and for use of tracks, sheds, the pier or other structures.

b. Additional Costs – In the event that Governmental agencies or operational requirements impose increased costs, the vessel operator or cargo owner agrees to pay those costs and any related surcharges.

c. Charges for Specialized Services or Operations – The Director of Operations is authorized to develop and charge rates and fees for specialized services and those services not specified in the Tariff as requested by the party requesting those services and by mutual consent.

d. Right to Refuse – Except where otherwise required by law, the Director of Operations has the authority to refuse to provide or to arrange for the provision of special services.

e. Special Services – Any services rendered by the Director of Operations or the MSPA not otherwise noted in this Tariff will be billed to the person requesting such services at the MSPA’s actual cost (including labor, equipment usage, mileage, and other costs) plus 20%.

END OF TARIFF

Part 305 Personnel Guidelines, Policies and Procedures

Chapter 1 General Information Rule 1.1 The Principles. The Mississippi State Port Authority at Gulfport (referred to herein throughout as the “MSPA” or the “Port” or the “Mississippi State Port Authority”), is a State agency (a Governing Authority) and operates under co-authority of the Mississippi Development Authority and an appointed Board of Commissioners. The Board of Commissioners appoints the Executive Director. The Executive Director, or a person designated by the Executive Director, shall serve as the Human Resources officer (“HRO”) for the purposes established within the Mississippi State Port Authority Personnel Guide. A. The State Personnel Board does not govern personnel matters at the Mississippi State Port Authority at Gulfport. B. The Port does, however, follow state guidelines and procedures governing administration and fiscal responsibilities. C. The Port’s employees do participate in state insurance programs, a retirement plan, vacation and sick leave schedules, a deferred compensation plan, and credit union privileges, among other benefits. D. The Board of Commissioners of the MSPA, through the Executive Director, has final authority on all Port Authority and personnel issues. E. Requests for records will be handled in accordance with the Mississippi Public Records Act of 1983, as amended.

28 Miss. Admin. Code Pt. 305, R. 1.2 Employment-At-Will

It is the policy of the Mississippi State Port Authority that all supervisors and other employees who do not have separate individual written contracts with the MSPA for a specific, fixed term of employment are employed at the will of MSPA for an indefinite period. Supervisors and employees may resign from MSPA at any time, for any reason, and may be terminated by MSPA at any time for any reason, or no reason, and with or without notice. This “at will” employment policy applies equally to all MSPA employees, including supervisors. A. Employees who do not have a separate individual written employment contract are employed at-the-will of the MSPA and are subject to termination at any time for any reason or no reason, with or without cause or notice. At the same time, such employees may terminate their employment at any time and for any reason.

9480012.2 B. The Board of Commissioners may give authorization to the Executive Director to modify terms and conditions of employment with MSPA. C. This policy shall not be modified by any other employee hand-books, employment applications, MSPA memorandum, or other materials provided to employees in connection with their employment. None of these documents, regularly, singularly, or combined, shall create an express or implied contract of employment for a definite period. Nor shall they be an express or implied contract concerning any terms or conditions of employment, nor a guarantee of continuation of any benefits. D. At the time of hiring or at the time this personnel manual is implemented, whichever date is earlier, employees shall be required to sign a written statement acknowledging the understanding that they are employed at the will of MSPA and are subject to termination at any time, for any reason, with or without notice, and with or without cause. E. Completion of a probationary period or conferral of regular status shall not change an employee’s status as an employee-at-will or in any way restrict MSPA’s right to terminate such an employee, nor change the terms or conditions of employment. F. Nothing contained in this manual, employment application, MSPA memorandums or other materials provided to employees in connection with their employment shall require MSPA to have “just cause” to terminate that employee or otherwise restrict MSPA’s right to terminate an employee at any time or for any reason. Statements of specific grounds for termination set forth in the manual or elsewhere are not all inclusive and are not intended to restrict MSPA’s right to terminate at will.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.3 Rule 1.3

Equal Employment Opportunity At MSPA, all decisions regarding applicants and employees are made without regard to race, color, creed, sex, religion, national origin, age, disability or military status. All employees advance on the basis of their performance and qualifications, without discrimination on the basis of race, color, creed, sex, religion, national origin, age, disability or military status. The same policy of nondiscrimination applies to all phases of personnel administration.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.4 Rule 1.4

Reporting Improper Activities If any employee believes that he or she or any other employee has been subjected to any of the following, it is very important that they report it immediately, orally or in writing, to their supervisor, the Human Resources Officer, or the Executive Director: A. Improper political influence or coercion; B. Any attempt to instruct, direct, influence, or coerce any employee to do anything that would be illegal, unethical, or against MSPA policy;

9480012.2 C. Any discrimination on the basis of race, color, sex, national origin, religion, age, or disability or any other protected characteristic. This includes sexual and racial harassment, whether by words or action.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.5 Rule 1.5

Retaliation Prohibited These are serious matters, and there shall not be any retaliation against an employee for reporting. If the complaint is against the immediate supervisor of the employee, the employee should make his or her report orally or in writing, directly to the HRO or Executive Director.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.6 Rule 1.6

Theft of Property Employees shall be held responsible to protect, conserve and account for the tools and equipment assigned to, and signed for, by them. In accordance with Mississippi Code Annotated Section 29-9-17(2) the Port Authority shall demand swift recovery of the value of equipment assigned when it is missing. The Property Officer shall be responsible for investigating reports of theft of property and the proper completion of incident reports. Police reports shall be filed and reported theft of property shall be conveyed to the Executive Director. Reported theft of property does not relieve the responsible employee from recovery of the value of the missing equipment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.7 Rule 1.7

Code of Ethics The Mississippi State Port Authority Board of Commissioners adopted a Code of Ethics for ALL Mississippi State Port Authority employees. As a public employee, you are responsible for conducting MSPA business solely in the public interest. MSPA, as a State agency, is committed to maintaining the highest level of honest, ethical conduct and public trust. Personal integrity is the cornerstone of this Code. Each employee bears primary responsibility to assure that his/her actions are consistent with the highest degree of ethical conduct. The MSPA Code of Ethics serves as a guideline for conduct and should be reviewed in conjunction with this personnel guide.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.8 Rule 1.8

Conflicts of Interest Employees of MSPA should be especially careful to avoid using, or appearing to use, an official position for personal gain, or giving unjustified preferences. All employees must not lose sight of the need for efficient and impartial decisions in the operation of MSPA. No act should be committed which could result in questioning the integrity of MSPA. Employees are not to engage in any activity, in either a private or official capacity, whereby discredit is brought upon the employee nor directly or indirectly upon MSPA. The old adage applies here: “Your business is your business unless it affects my business;” (“my business” meaning MSPA).

9480012.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.9 Safety Is Paramount MSPA recognizes the importance of providing a work place with safe conditions

We ask for employee’s help in maintaining a risk-free environment. An employee’s example will greatly influence his or her fellow employees. Safety is contagious. A. All employees are asked to adhere strictly to the following common sense safety regulations and take all precautions to protect themselves and their fellow employees from injury. 1. Employees shall not operate equipment unless they thoroughly understand its operation and have been certified as a qualified operator. 2. Employees shall report IMMEDIATELY all accidents and workplace injuries directly to their supervisor. 3. Employees shall always wear safety equipment where required, such as safety shoes, hard hats, safety glasses, masks, harness belts, and/or other gear as specified. 4. Employees shall report IMMEDIATELY any and all unsafe conditions or safety hazards to their supervisor. 5. Employees shall lift objects with their legs and not their back. Employees shall never attempt to lift objects that are considered heavy, alone. (in general over 45 lbs.) 6. Employees shall attend safety meetings, read and initial all safety materials, and shall read product safety sheets for equipment and materials used in the course of their job duties. 7. Employees are encouraged to talk safety to their fellow employees. 8. Employees are encouraged to think safety for themselves and their fellow employees. B. The Executive Director shall designate a Safety Committee Chairperson to monitor workplace safety issues, implement safety measures in compliance with applicable state regulations, and conduct regular safety training programs.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 1.10 Rule 1.10

Hiring, Promotion, and Job Assignment Practices All hiring, promotion, and job assignment practices shall be on the basis of performance and qualifications. A. Unless otherwise directed, when a position to be filled at the Mississippi State Port

9480012.2 Authority becomes open or a vacancy occurs, a job opening notice shall be posted at the Port Authority and qualified applicants shall have a specified period to submit an application for the position. All job postings for vacant positions shall include the job title, duties and responsibilities, and minimum qualifications. B. In addition to posting of positions within the Mississippi State Port Authority, when a position becomes open or a vacancy occurs for a position with the Port Authority, an advertisement shall be placed in local newspapers of general circulation as a minimum. C. The interview, test, evaluation, and selection procedures of a person to fill the vacancy shall be under the overall supervision of the Executive Director, or his designated representative. D. Applicants for non-exempt positions at the Mississippi State Port Authority shall be required to complete a MSPA employment application. Applicants for exempt positions shall submit Resumes, Salary History, and References as specified in the job announcement. E. Except under unusual circumstances, a minimum period of fourteen (14) days will be allowed after advertising of a position for receipt of applications for the position. Applications submitted for a position will be reviewed initially by the immediate supervisor over the position for which recruitment is being conducted, and then forwarded with recommendations to the manager of the department. All job offers shall be reviewed and approved by the Executive Director.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 2 Work Rules Rule 2.1 General Examples of work rules are established to insure the safe and orderly operation of MSPA in the day to day performance of its mission.

28 Miss. Admin. Code Pt. 305, R. 2.2 Schedule of Work Hours A

Normal work hours for the Mississippi State Port Authority are 0800 to 1700 hours, Monday through Friday, with an hour meal period. Under normal conditions, each regular employee may be allowed to two (2) ten (10) minute rest periods during his or her workday. B. Supervisors shall be responsible for designating the appropriate times for all meal and rest breaks during an employee’s shift. C. In order to carry out the MSPA mission and to meet specific Port operational necessities, and subject to the approval of the Executive Director, supervisors may establish “flex-time” schedules for non-exempt employees within their operational unit. Prior to implementation,

9480012.2 all “flex-time” work schedules shall be submitted to and approved by the Executive Director. “Flex-time” scheduling is not intended to abrogate the rights of qualifying employees under the Fair Labor Standards Act. D. To the extent practical and feasible, non-exempt employees shall be assigned to a specific work schedule to be published and posted monthly in advance. Normally, all non-exempt employees shall be assigned to a forty (40) hour work week schedule. E. An employee’s regular work schedule may be modified to meet specific Port operations and emergency requirements. F. Supervisors will notify employees of changes to their work schedules as far in advance as possible.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.3 Rule 2.3

Overtime/Special Overtime Supervisors shall establish work schedules to meet efficient, productive, and smooth Port authority operations. Work schedules shall be established to meet Port operational requirements, but shall, to the extent practical and feasible, be designed to avoid overtime hours. When an employee’s supervisor determines that it is necessary, an employee will be required to work overtime. When needed, employees shall be expected to work overtime unless an employee notifies his or her supervisor in advance that they are unable to do so for a good and acceptable reason, and the employee’s supervisor approves that reason. A. Failure to work overtime, when requested, will result in disciplinary action. Supervisors may exclude employees from overtime. B. Overtime: 1. Exempt Managerial Employees: Employees who are identified as exempt managerial are employed on the basis that they will carry out their job functions effectively, without regard for the time required in their performance. At the discretion of the Executive Director, compensatory time off may be given in lieu of all overtime worked. When it is essential that an exempt managerial employee work during an official state holiday, the employee may receive credit for compensatory leave. 2. Non-exempt Employees: Employees who are identified as non-exempt shall be entitled to overtime pay. Over-time shall be compensated as specified in Chapter III Pay Policy. 3. Special Overtime (Line Handling): Line Handling functions at the Mississippi State Port Authority at Gulfport are the responsibilities of the Port Authority’s operations, maintenance, and mechanical handling departments. All employees within the operations, maintenance, and mechanical handling departments may be assigned to line handling duties unless the employee has a good reason not to be

9480012.2 assigned, and the employee’s supervisor has approved the reason. The Operations Manager shall be responsible for preparing monthly schedules for employees to perform line handling duties and responsibilities. The monthly schedule shall be posted, indicating the employees responsible for line handling. Regardless of hours worked, employees who are called in for line handling duties between 1801 hours and 0659 hours shall be compensated at sixty dollars ($60.00) per vessel. Line handling duties between the hours of 0700 and 1800 are considered “on the clock” and will not be paid the sixty dollars ($60) per vessel call. If the line handling duties between these hours result in overtime, then the employee is entitled to overtime pay. Gate security and the scheduled operations personnel will maintain records for all line handling duties and responsibilities and submit those records to the Port Authority’s Finance Department for payroll purposes. 4. Special Overtime (Emergency): All non-exempt employees who are called in on an emergency basis will receive compensation for two (2) hours at a rate of time and one-half. If the call-in requires more than two (2) hours and the total time worked during that weekly pay period exceeds 40 hours, then all time worked on the call-in which contributes to the over 40 hours will be credited as time and one- half. But, if the call-in time exceeds two (2) hours and the total time worked in that weekly pay period does not add up to 40 hours, then all time worked during the call-in that exceeds two (2) hours will be compensated at straight time only. 5. Change of Employee Schedule: Employees whose schedules may be changed in advance due to operation’s necessity or other unforeseen events will be compensated at straight time rates unless the scheduled work week runs into more than 40 hours. Then overtime is computed for all time exceeding 40 hours. 6. Employees on leave: Employees on leave will not normally be called in during the leave period. However, if an emergency makes it necessary to call in an employee on leave, his/her leave status will automatically terminate when he/she reports to work. Double compensation (compensation for leave in addition to the call-in pay) will not be paid. The above emergency leave termination provision does not apply to those employees on leave under the Americans with Disabilities Act or the Family and Medical Leave Act.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.4 Standards of Conduct

A. This section is not intended to create a contract between the MSPA and its employees and does not hinder MSPA’s right to terminate an employee, without notice, for a good reason, a bad reason, or no reason at all. B. All employees are expected to be aware of and to comply with all Port Authority guidelines and policies. Employees shall conduct themselves in accordance with the following guidelines:

9480012.2 Rule 2.5 Attendance. A. Employees are expected to report to and leave work during the normal work hours for the Port Authority or at the time designated by his or her supervisor. B. Employees shall arrange planned absences with their supervisor as far in advance as reasonable and feasible. C. Employees shall report unexpected lost time as promptly as possible to his or her supervisor. D. Any employee who is absent for three successive working days without proper notice shall be considered to have resigned his or her position without notice. E. Each occasion of tardiness shall be considered a loss of an equivalent amount of annual leave (or of pay, if no annual leave balance exists). Repeated tardiness on the part of any regular employee will be grounds for discipline up to and including dismissal.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.6 Rule 2.6

Diligence Employees shall apply themselves to their assigned duties during the full work schedule for which they are being compensated.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.7 Rule 2.7

Personal Appearance Employees of the MSPA should take pride and have integrity in their professional appearance and employment performances. Standards of dress and grooming should be in compliance with the accepted business practices and safety considerations of our community and industry. Administrative, management, and office personnel are not required to wear a uniform and are expected to dress in a manner conducive to a professional atmosphere. The Executive Director may designate special casual dress work days.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.8 Work Performance Employees shall meet the performance standards set by their supervisor or MSPA

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.9 Meal Hour and Breaks Employees shall take their meal hour and breaks as scheduled by their supervisor

9480012.2 Rule 2.10 Sexual Harassment A. MSPA respects each of its employees, and will not tolerate any form of sexual harassment in the workplace. Accordingly, MSPA will not permit conduct or language that creates an intimidating, hostile, or offensive working environment for other employees. This includes, for example, repeated offensive or unwelcome sexual flirtations, advances, propositions, continual or repeated verbal abuse of a sexual nature, graphic commentaries about an individual’s body; sexually degrading words used to describe an individual; and the display in the workplace of sexually suggestive objects or pictures. B. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior which is not welcome, which is personally offensive, and which therefore interferes with work effectiveness. C. MSPA employees are employed and advanced on the basis of their performance and qualifications, not on their gender or reaction to romantic or sexual advances. D. Any employee who violates this policy will be subject to appropriate discipline, up to and including discharge. Any employee who believes he or she is being subjected to sexual harassment or other forms of inappropriate conduct should contact his or her supervisor or the HRO. If the complaint is against the employee’s immediate supervisor, then the employee should request a meeting with the supervisor’s next higher authority. No employee will be retaliated against for bringing sexual harassment to the attention of management.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.11 Rule 2.11

Uniforms Except for the maintenance and operations departments, there are no specified uniforms for employees of the MSPA. Maintenance and operations employees will be furnished uniforms, and they shall be worn while on the job. There shall be no deviation from the prescribed uniforms unless specifically permitted in writing by the supervisor.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.12 Rule 2.12

Safety Equipment and Shoes All safety equipment required by employees in carrying out their duties and responsibilities shall be supplied by the Port Authority. Employees shall strictly adhere to all safety requirements. Safety shoes and equipment (gloves, goggles, masks, hard hats, etc.) will be worn while working in any hard hat area or industrial area within the confines of MSPA. Exceptions will be made in accordance with the Americans with Disabilities Act (ADA) for those employees who are disabled unless the exception would violate a safety rule that is job related and consistent with business necessity. All safety equipment and shoes are considered a personal item and are turned into the Port Authority only when replacement is required. Safety equipment and shoes shall be turned into the Port Authority Safety Officer and he/she shall be responsible for issuing the replacement equipment. Upon termination of employment, all safety equipment and shoes shall be turned in to

9480012.2 the Port Authority prior to receiving a final pay check.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.13 Rule 2.13

Hard Hat Area and Mechanical Equipment Employees working in any hard hat area or around mechanical equipment will follow these rules: A. No rings will be worn at any time while working with or around moving equipment, electricity or batteries. B. No watch bands or neck chains will be worn. Pocket watches are allowed. C. No long hair will be worn out from under the hard hat. D. Beards will be closely cropped - not flowing or hanging down from the face. E. Articles of clothing must not have dangling sleeves, flapping tails or hanging decorations that could be caught in machinery.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.14 Holidays Employees at MSPA currently receive regular pay for ten (10) holidays

All employees shall observe the following designated holidays: A. New Year’s Day (First of January) B. Martin Luther King’s/Robert E. Lee’s Birthday (Third Monday of January) C. President’s Day (Third Monday of February) OR Mardi Gras (Tuesday before Ash Wednesday) D. Good Friday (Friday before Easter) E. Memorial Day (Last Monday of May) F. Independence Day (Fourth of July) G. Labor Day (First Monday of September) H. Veterans Day (Eleventh day of November) I. Thanksgiving (Fourth Thursday of November) J. Christmas Day (Twenty-Fifth Day of December)

9480012.2 K. NOTE: If any holiday falls on a Saturday or Sunday, then the Executive Director shall designate the day to be observed as a legal holiday. L. The Executive Director may designate other days as MSPA holidays that are appointed by the President or Governor for a public feast, Thanksgiving, or holiday.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.15 Rule 2.15

Probationary Employment and Probationary Period Unless otherwise provided in writing by the Executive Director, employee’s initial six (6) months of service with the Port Authority or employee’s initial six (6) months of service in a new position at the Port Authority, constitutes a probationary period. This trial period enables employees to become better acquainted with their new job responsibilities and helps them to form a better understanding of the work expected of them. It is an employee’s chance to show his or her ability and willingness to do the job. This probationary period is strictly a trial and does not create a contract of employment, nor change the relationship between MSPA and its employees as employment-at-will. Employees may be returned to their previously held position or terminated without notice at any time during their tenure of employment for any reason or no reason at all. Normal disciplinary measures do not apply, and no hearing is required. Successful completion of the probationary period does not alter the employment-at-will relationship between the employee and the MSPA. A. An employee should never hesitate to ask questions or discuss matters with his or her supervisor, if he or she is uncertain of duties or does not understand a given task. B. Probationary periods for exempt managerial employees shall be established by the Executive Director and shall be agreed upon by the Executive Director and the managerial employee as a condition of employment or appointment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.16 Performance Appraisals Appraisals of employee performances are used to measure the progress and performance of employees

A. All appraisals shall be performed on forms approved by the Executive Director. B. An employee’s appraisal is his or her supervisor’s assessment of their performance on the job. Every effort is made to ensure its fairness and accuracy. Performance appraisals shall not be discussed with other employees who do not have a need to know. C. Appraisals are administered without regard for age, race, sex, religious beliefs, political affiliation, national origin or disability status. D. Appraisal frequency can be any time depending on circumstances but normally is scheduled as follows:

9480012.2 1. During the third month of the probationary period for new hires or employees assigned to new positions. 2. During the sixth month of the probationary period a probationary employee may be recommended for regular status or assignment to regular status in a new position, which would not commence until the first day of their seventh month of employment or assignment. 3. Appraisals of performance for a regular employee shall generally be made annually, prior to the end of the fiscal year – June 30th. 4. Department Managers shall review each appraisal and comments of employees assigned to their department. All appraisals shall be placed in the employee’s personnel folder in the Human Resources Department. Employees shall sign their appraisal at the time that the review is presented to them by their supervisor. An employee’s signature indicates only that he or she has reviewed the appraisal, not necessarily that they agree with it. Employees are encouraged to supplement the appraisal with their own comments.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.17 Rule 2.17

Hearings Employees will be provided written notice and opportunity for a hearing in case of any termination or disciplinary suspension without pay, and in case of lay-off or any other action that will have a substantial effect on their compensation. This does not include actions that are voluntary on the part of the employee, actions taken against probationary employees, or suspensions with pay for purposes of investigation or other non-disciplinary reasons. The written notice will include the action proposed, the reasons for taking the action, an explanation of the employee’s hearing rights, and the procedures and deadlines that should be followed in claiming those rights.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.18 Rule 2.18

Reduction In Force In order to meet changes in technology or economic conditions at the Port, the Mississippi State Port Authority may be required, from time to time, to eliminate positions and to reduce its workforce. No actions involving layoff or action which may affect compensation shall be taken without written notice of same to the employee. Employees impacted by a reduction in force may seek a hearing in accordance with Rule 17 of this Chapter.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.19 Mississippi Driver’s License/Auto Insurance A

All employees driving a Mississippi State Port Authority Vehicle, or any other vehicle on MSPA business, must have a valid Mississippi State Driver’s License. When driving a

9480012.2 MSPA vehicle, or any other vehicle on MSPA business or onto MSPA property, it is the responsibility of all employees to operate that vehicle in a safe and sensible manner. The practice of driving defensively should provide a safe journey for employees and their passengers. B. Employees shall immediately report all accidents involving MSPA vehicles to their immediate supervisor. The Port’s Safety Officer shall investigate all accidents and a written incident report shall be filed with the Executive Director within five (5) working days of the incident. C. Employees shall immediately report all accidents or traffic citations that may result in the employee losing his or her driving privileges. D. Any vehicle driven onto the MSPA premises by an employee must be covered by a valid automobile insurance policy.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.20 Rule 2.20

Drug Free/Alcohol Free Workplace The Mississippi State Port Authority absolutely prohibits any form of substance abuse by employees while on Port Authority premises or while conducting Mississippi State Port Authority business. For this purpose, substance abuse means use, possession, sale, manufacture, distribution, dispensing, or being under the influence of unauthorized drugs or alcohol on Port Authority premises, in Port Authority vehicles, or while on Mississippi State Port Authority business. Employees may maintain prescription drugs on Mississippi State Port Authority premises provided the drugs have been prescribed by a physician for the person in possession of the drugs. Employees should notify their supervisor concerning the possession of prescription drugs. Provided that an employee is not driving a vehicle, an employee may consume a moderate amount of alcoholic beverages associated with public relations, marketing, or official business activities and events.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 2.21 Rule 2.21

Continuing Education/Training Programs From time to time, the Mississippi State Port Authority will sponsor, promote, or offer continuing education and training programs for employees of MSPA. All education and training programs shall be directly related to furthering and enhancing the overall professionalism of the MSPA staff. Employees may submit applications and requests to the Executive Director to participate in outside education and training assistance. All requests will be reviewed and evaluated based upon the overall benefit the education and training program will have upon the Port Authority and the employee. The Executive Director may approve special tuition assistance and cooperative financial support for continuing education and training programs only if the continuing education and training program will enhance an employee’s ability to perform specific job duties and responsibilities.

9480012.2 Rule 2.22 Travel and Expenses A. Employees may be required to travel in the performance of assigned duties. When an employee travels on official business, the employee is an official representative of MSPA, and the employee’s conduct and actions reflect upon the image of MSPA. B. All travel shall be coordinated through the Department Travel Coordinators in accordance with State of Mississippi Travel Guidelines. All expense reimbursements and/or travel advances shall be submitted to the Executive Director and shall be paid in accordance with State of Mississippi Travel Guidelines.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 3 Pay Policy Rule 3.1 Salaries and Wages In association with the budgetary process of the Port Authority, the salary ranges for positions at the Mississippi State Port Authority shall be fixed by the Board of Commissioners based on recommendations of the Executive Director. Salary ranges for MSPA positions shall be established on the basis of salary schedules in effect at other smaller deep water ports and at appropriate City, County, State, and Federal Governmental agencies. All salaries are per annum and are paid biweekly. The overall administration and setting of salaries for the employees of MSPA shall be under the Executive Director, but shall be consistent with the salary ranges approved and adopted by the Port Commission. The salary of the Executive Director shall be under the control of the Port Commission.

28 Miss. Admin. Code Pt. 305, R. 3.2 Time Sheets All Employees shall be responsible for reporting on a payroll time sheet provided by the Finance Department

Non-exempt employees will record, regular hours worked, overtime worked and exceptions to the regularly scheduled workday, such as Personal Leave, Sick Leave, or Leave without Pay. Exempt employees will not record hours worked but must include Personal Leave, Sick Leave and Holidays. Each Employee shall sign and attest to the accuracy of the information pertaining to their employment status on the payroll time sheet. The time sheet shall be turned in bi-weekly to the immediate supervisor who will sign, after reviewing for accuracy and completeness.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 3.3 Rule 3.3

Calculation of Overtime Pay All time which is worked in excess of the forty (40) hour week shall constitute overtime and shall be paid at one and one-half the employee’s regular rate. For purposes of calculating

9480012.2 overtime, time not worked such as medical, annual, or holiday leave, shall not be counted.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 3.4 Working on Holidays Some employees will be required to work on holidays

Non-exempt employees required to work on holidays will be given the choice of compensatory time-off based upon one and one-half times the hours worked on the holiday at a time convenient for them and their supervisor or receiving holiday pay of eight (8) hours at regular compensation in addition to hours worked at their regular rate of pay. In concert with Department of Labor Laws, any overtime that arises from a non-exempt employee working on a holiday must be treated as overtime pay and compensation time cannot be issued. This does not apply to call-outs.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 3.5 Rule 3.5

Compensatory Time Compensatory time off shall not be carried over during any fiscal year, and if the compensatory time off is not taken during the fiscal year, then it shall be lost.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 4 Leave and Benefits Rule 4.1 Leave Policy A. Vacation Leave. All VACATION LEAVE (Personal Leave in excess of five (5) days and Personal Leave during the months of November and December) requests must be submitted in advance for approval by the Executive Director and, if approved, shall be scheduled and approved to accommodate the employee’s requests but must be consistent with the overall requirements of the Mississippi State Port Authority. All vacation leave, as defined herein, shall be approved in advance by the Executive Director. All personal leave for vacation shall be submitted on the form provided by the MSPA, and shall be first submitted to the employee’s immediate supervisor, forwarded with his or her recommendation to the Department Manager, and sent to the Executive Director for approval. All vacation leave requests shall be submitted at least two (2) weeks in advance of the request. The time that vacation may be taken is subject to the needs of the Mississippi State Port Authority. All requests for vacation not submitted two (2) weeks in advance shall include a reason for the request and for the failure to submit it two weeks in advance. B. Personal Leave. All PERSONAL LEAVE, other than Vacation Leave described above, shall be submitted for approval in advance to the Supervisor or Department Manager. Requests for personal leave shall be made to the immediate supervisor, on the form provided by the MSPA. The Supervisor may forward leave requests with his/her recommendations to the Department Manager, or if designated, the Supervisor may approve or disapprove the requested personal leave. Normally, requests for personal leave when recommended by the Supervisor shall be granted. All requests for personal leave

28 Miss. Admin. Code Pt. 305, R. 4.2 Military Leave

A. Introduction. The MSPA offers unpaid military leave in accordance with the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). Military leave without pay is granted when an employee is recalled, inducted or voluntarily enters the Armed Services. B. Leave with Pay. Employees who are members of the Armed Services are entitled to leave with pay up to fifteen (15) working days in any one (1) calendar year if they are required to perform duties with troops at field services, for instruction, for state service, or for annual field training. A copy of the order shall be required by the Port Authority.

9480012.2 C. Leave Without Pay. If an employee uses all of his or her military leave, employees may charge off additional days against annual leave or may take authorized leave without pay. D. Pay During Pre-Induction Examination Period. Employees are also entitled to leave with pay for the time required to report and be processed for military pre-induction examination. E. Enlistment. Employees are granted a leave of absence without pay when they enlist or are drafted into the Armed Services of the United States. F. Continuation of Benefits. An employee may elect to continue health coverage during the military service for up to two (2) years. If the military service is less than 31 days, the employee’s premium contribution will remain unchanged. If the military service is for longer than 31 days, then the employee will be required to pay the entire premium. An employee may elect to use any available sick pay, vacation, and personal time during the military service. G. Reinstatement. An employee on military leave who receives an honorable discharge may be entitled to reinstatement to his or her position or to a position of like seniority, status and pay. 1. Employees reinstated from military service may return with the same seniority, and rights and benefits determined by seniority, that the employee had on the date his or her military service commenced, plus any additional seniority rights and benefits that the employee would have attained if he or she had remained continuously employed. Employees on military leave will be deemed to be on furlough or leave of absence while performing their military service, and their rights and benefits which are not determined by seniority will be the same as employees with similar seniority, status, and pay who are on leave of absence.

An employee’s rights to reinstatement and benefits when returning from military service are subject to the time limits and other limitations which apply under the USERRA. A copy of honorable discharge or release papers will be required by the Port Authority.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 4.3 Administrative Leave – FMLA A

Introduction. The MSPA provides leave according to the Family and Medical Leave Act of 1993 (“FMLA”), which provides for unpaid, job-protected leave to covered employees in certain circumstances.

B. Eligibility. To qualify for FMLA leave, you must: (1) have worked for the MSPA for at least 12 months, though it need not be consecutive; (2) worked at least 1,250 hours in the last 12 months; and (3) be employed at a work site that has 50 or more employees within 75 miles. Employees must contact the Human Resources Officer for additional information if they believe they qualify for leave under this Act.

9480012.2

C. Leave Policy. If eligible, you may take up to 12 or 26 weeks of family or medical leave, whichever is applicable (as explained below), within the relevant 12-month period defined below. While you are on FMLA leave, the MSPA will maintain your group health insurance coverage at the same level and under the same circumstances as when you were actively working, as explained more fully under the section titled, Medical and Other Benefits. Upon returning from approved FMLA leave, you have the right to be restored to the same job or an equivalent position, subject to the terms, limitations and exceptions provided by law.

D. Leave Entitlement. You may take up to 12 weeks of unpaid FMLA leave in a 12-month period, which is defined using a “rolling” method that is measured backward from the date you use any FMLA leave for any of the following reasons:

the birth of a son or daughter and in order to care for such son or daughter (leave to be completed within one year of the child’s birth);
the placement of a son or daughter with you for adoption or foster care and in order to care for the newly placed son or daughter (leave to be completed within one year of the child’s placement);
to care for a spouse, son, daughter or parent with a serious health condition;
to care for your own serious health condition, which renders you unable to perform any of the essential functions of your position; or
the birth of a son or daughter and in order to care for such son or daughter (leave to be completed within one year of the child’s birth);
a qualifying exigency of a spouse, son, daughter or parent who is a military member on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty).
You may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that you take FMLA leave to care for a spouse, son, daughter or next of kin who is a covered service member and who has a serious injury or illness related to active duty service, as defined by the FMLA’s regulations, (known as military caregiver leave).

E. Spouses Employed by the MSPA. Spouses who are both employed by the MSPA and eligible for FMLA leave may be limited in some circumstances. Employees should contact the Human Resources Officer for additional information if they believe they qualify for leave under this particular provision of the Act.

F. Notice of Leave. If your need for FMLA leave is foreseeable, you must give the MPSA at least 30 days’ prior written notice. If this is not possible, you must at least give notice as

9480012.2 soon as practicable (within one to two business days of learning of your need for leave). Failure to provide such notice may be grounds for delaying FMLA-protected leave, depending on the particular facts and circumstances. Additionally, if you are planning a medical treatment or a series of treatments or you are taking military caregiver leave, you must consult with the MSPA first regarding the dates of such treatment to work out a schedule that best suits the needs of both the employee or the covered military member, if applicable, and the MSPA. Where the need for leave is not foreseeable, you are expected to notify. Please submit a written request, the Human Resources Officer, when requesting leave under the Act.

G. Certification of Need for Leave. The MSPA reserves the right to request a relevant healthcare provider to supply the appropriate medical certification as provided in the Act. Failure by the employee to provide the MSPA requested medical certification in a timely manner may result in denial of FMLA-covered leave until it is provided.

H. Request for Reexamination by the MSPA. The MSPA, at its expense, may require an examination by a second healthcare provider designated by the MSPA. If the second healthcare provider’s opinion conflicts with the original medical certification, the MSPA, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. The MSPA may require subsequent medical recertification.

I. Reporting While on Leave. If you take leave because of your own serious health condition or to care for a covered relation, you must contact the MSPA on a bi-weekly basis regarding the status of the condition and your intention to return to work. In addition, you must give notice as soon as practicable (within two business days if feasible) if the dates of leave change or are extended or initially were unknown.

J. Leave is Unpaid. FMLA leave is unpaid. You may be required to substitute any accrued and unused sick days/personal days for unpaid FMLA leave as described below:

If you request leave because of a birth, adoption or foster care placement of a child, any accrued and unused paid leave may be first be substituted for unpaid family/medical leave and run concurrently with your FMLA leave.
If you request leave because of your own serious health condition, or to care for a covered relation with a serious health condition, any accrued paid personal leave or medical leave may be substituted for any unpaid family/medical leave and run concurrently with your FMLA leave.
The substitution of paid leave time for unpaid FMLA leave time does not extend the 12 or 26 weeks (whichever is applicable) of the FMLA leave period. In no case can the substitution of paid leave time for unpaid leave time result in your receipt of more than 100%

9480012.2 of your salary. Your FMLA leave runs concurrently with other types of leave, for example, accrued vacation time that is substituted for unpaid FMLA leave and any state family leave laws, to the extent allowed by Mississippi state law.

K. Medical and Other Benefits. During approved FMLA leave, the MSPA will maintain your health benefits as if you continued to be actively employed. If paid leave is substituted for unpaid FMLA leave, the MSPA will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium. Your healthcare coverage will cease if your premium payment is more than 30 days late. If your payment is more than 15 days late, the MSPA will send you a letter to this effect. If the MSPA does not receive your premium payment within 15 days after the date of this letter, your coverage may cease. If you elect not to return to work for at least 30 calendar days at the end of the leave period, you will be required to reimburse the MSPA for the cost of the health benefit premiums paid by the MSPA for maintaining coverage during your unpaid leave, unless you cannot return to work because of a serious health condition or other circumstances beyond your control.

L. Returning from Leave. If you take leave because of your own serious health condition (except if you are taking intermittent leave), you are required, as are all employees returning from other types of medical leave, to provide medical certification that you are fit to resume work. Otherwise, you will not be permitted to resume work until it is provided.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 4.4 Sick Leave A

Generally. Sick leave is not an entitlement, rather it is a privilege and a form of employee insurance. Use of sick leave for any purpose other than medical reasons, in effect, constitutes a form of fraud against the Port. All employees who are sick shall telephone the Port Authority and report that they are sick and will be taking sick leave. 1. Sick leave benefits are available to all employees who have completed one (1) month of service. 2. Part-time employees shall accrue major medical leave on a pro rata basis. B. There shall be no maximum limit to sick leave accumulation. Sick leave may be used for the illness or injury of an employee, an employee’s immediate family, or bereavement as provided for in this Personnel Guide. Following a reported illness, injury, or bereavement, Supervisors may require reasonable evidence to support the employee’s claim of illness, injury or bereavement. C. Personal leave shall be used for the first day of an employee’s illness requiring his absence of more than one (1) day, and if the employee has no accrued personal leave, the first day will be counted as leave without pay. However, sick leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor’s office or hospital for

9480012.2 continuing treatment of a chronic disease, as certified in advance by a doctor of medicine, osteopathy, dental medicine, podiatry or chiropractic. An employee may substitute personal leave for sick leave after the first day only with the prior written approval of the Executive Director and when all sick leave has been exhausted due to medical reasons. D. Each absence due to illness of thirty-two (32) or more consecutive working hours (combined personal leave and sick leave) shall be authorized only where certified by the employee’s doctor. Recognized doctors are: Doctor of Medicine, Osteopathy, Dental Medicine, Podiatry and Chiropractic. E. An employee who has a prearranged doctor’s appointment may use sick leave for the time he is absent, but only if a doctor’s slip is turned in upon return. F. All unused sick leave shall be counted as creditable service for purposes of the retirement system. G. An employee may use sick leave, when approved in writing, under the following circumstances: 1. When there is a death of a member in the immediate family of the employee or immediate family of the employee’s spouse. A member of immediate family shall include spouse, parent, sibling, child, step-child, grandchild and grandparent, son- or daughter-in-law, mother- or father-in-law or brother- or sister-in-law. Three (3) days authorized for each occurrence may be used for this purpose. No qualifying time or use of personal leave will be required prior to use of sick leave for this purpose. 2. Absence due to the illness or injury of an employee or member of the employee’s immediate family (as defined above) will be covered by sick leave when requested in writing. Employees may be required to produce a doctor’s certification of treatment.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 4.5 Rule 4.5

Authorized Leave of Absence with Pay The Executive Director may grant administrative leave with pay to any employee serving as a witness or juror or party litigant when verified by the Clerk of the Court. Such leave will not be counted as personal leave. Also administrative leave may be granted to employees when the Executive Director determines the following conditions warrant: A. Extreme weather conditions B. Event man-made C. Technological or natural disaster or emergency

9480012.2 Rule 4.6 Maternity Leave Requests for leave for medical disabilities related to pregnancy will be handled on the same basis as requests for leave for disabilities unrelated to pregnancy. Requests for pregnancy leave when the employee is not disabled, and re-quests for leave for child care purposes will be handled on the same basis as requests for personal leave for other reasons, subject to the Family Medical Leave Act.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21
Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 4.7 Rule 4.7

Authorized Leave of Absence Without Pay An employee may be granted a continuous leave of absence without pay not to exceed (12) months without forfeiting previously accumulated continuous employment. If an employee wishes to continue with the insurance coverage while on leave, a reimbursement arrangement must be made prior to starting leave. Any absence from work not otherwise authorized or approved under the Leave Policies of MSPA shall be considered Leave without Pay. Leave of absence without pay for any employee shall not exceed six (6) days in a six month period. Excessive leave without pay shall be considered grounds for dismissal.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 5 Employee Benefits Rule 5.1 Unemployment Compensation Regular employees who become separated from their jobs may be eligible for unemployment compensation. Probationary employees are not eligible for unemployment compensation if they become separated from their jobs. For a complete list of eligibility requirements and answers to your questions regarding unemployment compensation, benefits, policies, and claims, contact the nearest office of the Mississippi Department of Employment Security.

28 Miss. Admin. Code Pt. 305, R. 5.2 Rule 5.2

Workers’ Compensation Workers’ Compensation is to provide fixed benefits for employees in the event they are injured in the course of their employment. Employees cannot collect accumulated major medical leave at the same time they are collecting Workers’ Compensation.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 5.3 Benefits for Injuries on the Job An employee who is injured on the job may be entitled to the following benefits: A

Compensation for medical expenses;

9480012.2 B. Partial replacement of income lost because of the injury or illness; C. Re-training for new skills, if necessary; D. Funeral expenses in case of death due to a job related accident or illness; E. The amount of compensation in all cases depends on the severity of the disability; F. Employees shall report ALL injuries, no matter how minor the injury, to their supervisor as promptly as possible and obtain immediate medical attention; and G. Employees who are compensated by Workers’ Compensation for time off are not to accrue personal nor major medical leave. If an employee is partially paid by the Port in the form of time worked or use of personal or medical leave, then the accrual rate shall be the pro- rata share of the day the Port compensates the employee.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 5.4 Rule 5.4

Social Security Every employee of the Port Authority is required by Federal Law to participate in the Federal Social Security Pro-gram, which provides monthly cash benefits when you retire under the Social Security guidelines.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 5.5 Rule 5.5

Retirement Plan Employees of the MSPA become members of the Public Employees Retirement System as a condition of employment unless they have attained the age of 60 when hired, in which case, they may voluntarily join the retirement system if they desire. Employees will be furnished with a Member Information Form to establish their membership number.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 5.6 Insurance A

Comprehensive Health Benefits: Employees are eligible to participate in the health insurance program offered by the State of Mississippi. The Comprehensive Health Benefits Plan is designed to pay most of the medical care and treatment resulting from illness or injury of an employee and the other covered members of the employee’s family, once the deductibles have been met. For more information consult the Comprehensive Health Benefits booklet. B. Term Life Insurance Protection: Employees of the Port Authority are eligible for the optional life insurance protection. Dependent life insurance coverage is not available. C. Accidental Death and Dismemberment: Accidental Death and Dismemberment Insurance and Life Insurance are available to employees.

9480012.2

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 5.7 Rule 5.7

State Offices Credit Union The State Offices Credit Union is a non-profit financial organization serving the saving and borrowing needs of its members. MSPA employees are eligible for membership. Employees must pay into funds administered wholly or partially by the State. Employee’s spouses and children may also become members. For additional information, write: Mississippi Public Employees Credit Union, 637 North President Street, Suite 106, Jackson, Mississippi 39202 or call (601) 359-6500.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 5.8 Rule 5.8

Cafeteria Plan Employees of the MSPA are eligible to participate in a cafeteria plan described in Section 25-17-1(c) of the Mississippi Code of 1972.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 6 Disciplinary Rule 6.1 Procedural Rules A. Introduction. Any group of people must have rules, not only for the accomplishment of their mission, but also for their own safety and well-being. Most MSPA employees recognize this and respect the rules on their own volition. Those who do not, however, are subject to disciplinary action. B. Discipline – Generally - Since it is impossible to foresee every contingency, MSPA’s rules are intended only as examples of the types of conduct that are prohibited and do not modify the employment-at-will relationship between the MSPA and its employees. These rules do not limit MSPA’s right to terminate, without notice, for a good reason, a bad reason, or no reason at all. Every MSPA employee is expected to exercise common sense and good judgment. Employee misconduct can result in discipline or discharge even if the conduct is not specifically prohibited by the rules. In addition, although MSPA’s rules set out examples of misconduct that normally result in discharge for the first offense and examples that will normally result in less severe discipline, these are intended as guides and examples only. They are not intended to limit MSPA’s ability to consider the circumstances of each case and to determine an appropriate discipline that may be more or less severe. Examples of such circumstances include whether the misconduct is willful; whether it endangers other employees, the public, or MSPA property, and the employee’s past discipline record. An offense that would otherwise result in a written warning may result in termination if the employee has received other warnings for the same or other offenses, especially if the offenses occurred within the same six (6) month period.

28 Miss. Admin. Code Pt. 305, R. 6.3 Examples of conduct that can result in a WARNING for the first offense: A

Unsatisfactory attendance or tardiness. B. Use of abusive, profane or obscene language. C. Unauthorized absence from work area. D. Failure to inform supervisor promptly upon completion of assigned job.

9480012.2 E. Conviction of a moving traffic violation while operating MSPA equipment or vehicles. F. Conviction of a moving traffic violation while operation a private vehicle within MSPA premises. G. Unauthorized use, abuse or taking of MSPA equipment, property or records. H. Conduct or appearance that is unbecoming for an employee of MSPA which could be considered an adverse reflection on MSPA. I. Negligence or carelessness of such a degree or recurrence as to increase the financial liability of MSPA. J. Telling ethnic jokes and using ethnic slurs or phrases that are offensive to fellow employees and members of ethnic communities. K. Poor work performance. L. Failure to work in harmony with other employees.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Chapter 7 Grievance Procedure Rule 7.1 Policy Statement Whenever people work together, problems and misunderstandings are inevitable, and they cannot be resolved without good communications. All regular employees are encouraged to use MSPA’s grievance procedure. It is designed to call attention to these problems so that they can be rationally resolved. These procedures do not modify the employment-at-will relationship between MSPA and its employees. These grievance procedures are intended as guidelines and examples only and are not intended to limit MSPA’s ability to consider the circumstances of each case and to determine an appropriate procedure that may be more or less restrictive. This manual in no way limits the discretion of the MSPA to administer discipline in a manner which is different from what is described herein, and reserves the right to discipline employees in any fitting manner, including termination, for any conduct which the MSPA, in its sole discretion deems inappropriate. A. Step One: 1. Upon recognizing a problem that an employee cannot resolve at the employee’s level of responsibility, the employee then should present the matter to the immediate supervisor. 2. This is to be done in an informal, verbal, person to person meeting with the immediate supervisor. 3. If the grievance is not solved by the employee’s immediate supervisor, or if the grievance is against the immediate supervisor, then the employee should request a

28 Miss. Admin. Code Pt. 305, R. 7.2 Time Limits A

If a grievance is not initiated within the time limit as set forth above, it will be considered waived. B. If a grievance is not appealed to the next higher step in the specified time limit or an agreed extension thereof, it will be considered settled on that level. C. If the grievance appeal is not addressed within the specified time limit, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. D. Time limits may be extended by the Executive Director if good cause is demonstrated for doing so.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

28 Miss. Admin. Code Pt. 305, R. 7.3 Duplication of Procedures Some personnel actions entitle the employee to a hearing under Chapter 2, Rule 17

Employees who elect to pursue a hearing under Chapter 2, Rule 17 may not duplicate those proceedings with a grievance filed under this section.

History

Source: Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Part 307 By-Laws of the Mississippi State Port Authority at Gulfport

28 Miss. Admin. Code Pt. 307, R. 139504.1 1

Chapter 1 By-Laws

28 Miss. Admin. Code Pt. 307, R. 139504.1 2

E. Attendance of Executive Director: The Executive Director or his duly appointed representative shall attend all meetings of the Authority unless otherwise directed by the Authority.

F. Emergency Board Meetings: A board meeting shall be allowed in the event of an emergency or urgency necessitating same. The meeting may be conducted by telephone or video and shall require notice to be posted within one hour of that meeting and that the procedure of notification be reasonably calculated to insure that a person could find out when and where that special meeting will be held; the meeting shall require a quorum of all the Commissioners, as provided in ARTICLE III, to take a vote or make a decision concerning business of the Authority. The determination of what constitutes a legitimate emergency or urgency necessitating such a board meeting shall be left to the discretion of the President of the board, subject to the Open Meetings Act (Miss. Code Ann. § 25-41-1, et seq.). However, if the President shall be unavailable during the time of the emergency or urgency, it shall be within the power of any three (3) Commissioners of the Authority, who concur upon the emergency or urgency, to call a telephone board meeting. The nature of the emergency shall be stated in the Minutes of the meeting. Only the emergency or urgent matter(s) shall be discussed and/or voted upon during such a meeting. The management shall implement any action approved at the telephonic meeting, but the matter(s) shall be confirmed at the next regular meeting.

It shall be within the discretion of the President or, if the President is unavailable, the above three (3) Commissioners to determine whether the Executive Director or other persons shall be included in the telephone board meeting.

B. The Executive Director shall cause a tentative draft of the minutes of each meeting to be submitted to each Commissioner of the Authority, the Mississippi Development Authority and to the General Counsel within a reasonable time not to exceed 30 days after such meeting. Votes taken by teleconference or video shall be recorded by name and included in the minutes.

Once the rotation is established, each new full-term appointee will be in line to assume the presidency. This rotation is for a one year term and selection of officers is determined by the period of time a Commissioner has remaining on the Authority. Each year the

History

Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21 Rule 1.3: Article III - Quorum - Minutes A. A majority of the Commissioners present shall constitute a quorum; all actions or resolutions of the Authority must be approved by the affirmative vote of not less than a majority of all Commissioners of the Authority.
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21 Rule 1.4: Article IV - Selection of Officers and Appointments A. The purpose of this article is to provide for the selection of officers by a pure rotation.

28 Miss. Admin. Code Pt. 307, R. 139504.1 3

Commissioner with the least amount of time remaining and who has completed service as Vice President, will succeed to the Presidency. At the expiration of the one-year term, the President shall step down, and act as ex-officio President, and for rotation purposes will fall below the newest appointed member.

B. The Vice-President will be that Commissioner with the next least time remaining on the Authority after the President and who has completed service as Secretary, and the Secretary that Commissioner with the next least period of time remaining on the Authority after the Vice-President and who has completed service as Treasurer, and the Treasurer that Commissioner with the next least period of time remaining on the Authority after the Secretary.

C. Any requirements of service set forth in the preceding paragraphs shall not apply in the event of the resignation or withdrawal from office of any officer prior to the expiration of his term.

D. The Executive Director shall be selected by and serve at the pleasure of the Board of Commissioners. The salary of the Executive Director shall be reviewed annually and set by the Board of Commissioners during the first meeting in December.

E. The General Counsel shall be an attorney, licensed to practice law in the State of Mississippi, selected by majority vote of the Authority at the first meeting of the fiscal year.

F. The annual selection and succession of officers will take place at the beginning of the first meeting in December.

Rule 1.5: Article V - Duties of the President. The powers and duties of the President shall be limited to the following: A. To preside at all meetings of the Authority with the right to vote on all questions.

B. To take all reasonable steps to see the functions and purposes of the Authority as set forth in the laws and constitution of the State of Mississippi are carried out.

C. To call special meetings of the Authority at his discretion.

D. To establish committees and appoint Commissioners thereof, at his discretion, as he deems necessary to carry out the business of the Commission.

Rule 1.6: Article VI - Duties of the Vice President

History

Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21

28 Miss. Admin. Code Pt. 307, R. 139504.1 4

A. In the absence or disability for any cause of the President, the Vice President shall act as President and shall discharge the duties of that office.

B. The Vice President shall serve as the Chairperson of the Administration Committee.

Rule 1.7: Article VII - Duties of the Secretary and Treasurer A. Duties of the Secretary: 1. In the absence or disability for any cause of the President and of the Vice President, the Secretary shall act as President and shall discharge the duties of that office.

The Secretary shall be responsible for the Authority's records maintenance and shall, when required, attest to any official document of the Authority with the Secretary's signature and with the impress of the Authority's official seal, and shall sign such documents relating to the business of the Authority as may be directed by the Authority, and shall, in addition, perform such other duties that are usually incumbent upon such officer.
The Secretary shall serve as a member of the Finance Committee. B. Duties of the Treasurer: 1. In the absence or disability for any cause of the Secretary, the Treasurer shall act as Secretary and shall discharge the duties of that office.
The Treasurer shall be responsible for the monitoring of Authority financial management information and shall attest to the Authority's Treasurer Report prepared and presented to the Board of Port Commissioners at the direction of the Treasurer, and shall serve as Chairperson of the Authority's Finance Committee.

Rule 1.8: Article VIII - Duties of the Executive Director. A. The Executive Director shall be the Authority's principal executive officer whose responsibility it shall be to execute the policies and projects of the Authority as a prudent administrator. The Executive Director shall have charge of the overall management and direction of all Port affairs, and shall be responsible directly to the Authority for all managerial, administrative, financial, engineering, operations, traffic, trade development and public relations affairs.

B. Within such guidelines as may be established by the Authority, the Executive Director shall employ and/or authorize the employment of, have control over, and fix the powers, duties and compensation of all of the employees of the Authority. The employment of

History

Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21

28 Miss. Admin. Code Pt. 307, R. 139504.1 5

personnel shall be governed by bona fide need and necessity in the judgment of the Executive Director, for the prompt execution and efficient performance of the work of the Authority.

C. In cases of extreme public emergency requiring the purchase of any supplies or materials or entering any construction or repair contracts required on an emergency basis, necessitating the waiving of public advertising for competitive bids, the Executive Director shall, at the next meeting submit a report to the Authority in writing, of those actions and the reasons therefore, which shall be inscribed in the minutes of the Authority together with the action taken thereon.

D. It shall be the duty of the Executive Director, within ninety days, to have published an annual financial report as of the close of the fiscal year.

E. It shall be the duty of the Executive Director to furnish to the Authority, by August 1st of each year, an annual business plan containing proposed goals for the next fiscal year and reporting of results as compared to goals for the preceding fiscal year.

F. It shall be the duty of the Executive Director to have provided, and kept in force, a blanket fidelity bond on all Commissioners, and the Executive Director, in an amount of not less than Ten Thousand ($ 10,000) dollars on each.

G. It shall be the duty of the Executive Director to keep the Authority apprised of all significant happenings in the areas of international trade, competitor port activities, cargo movements, proposed legislation affecting ports and the business of the ports, port operations and the internal affairs of the agency, and from time to time, the Executive Director shall render more detailed oral or written reports, at Authority meetings, of port activities and of the operations, ad-ministration and status of the port.

H. The President and/or the Executive Director shall be the Authority's official spokesman on all official Authority matters whenever official statements are to be made on behalf of the Authority.

Rule 1.9: Article IX - Fiscal Year. The Authority's fiscal year should be from July 1 through June 30.

A. The Executive Director shall have the authority to delegate, in the Executive Director's discretion, the powers and duties herein conferred or imposed upon the Executive Director, to subordinate staff members or employees, but such delegation of power shall

History

Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21 Rule 1.10: Article X - Delegation of Authority.

28 Miss. Admin. Code Pt. 307, R. 139504.1 6

not relieve the Executive Director of any responsibilities imposed by the Authority or by the By-Laws of the Authority.

B. Functional Committees: The following Functional Committees shall be established and served in accordance with Article IV of these By-Laws: 1. Finance Committee to consist of the Secretary and Treasurer of the Board of Port Commissioners. The Finance Committee will include functions such as monitoring financial management information; review and recommendations regarding operating budgets; act as an Audit Committee in association with the preparation of the Port Authority's annual financial reports. 2. Administration Committee to consist of the Vice President and the Commissioner having the least completed service. The Administration Committee will include functions such as monitoring the Port Authority's operational matters and shall review and make recommendations regarding real estate matters. C. The primary objectives of the Functional Committees are: 1. To assist the Board in completely reviewing appropriate matters that come before the Board of Port Commissioners. 2. To make timely and complete reports and/or recommendations as necessary to the Board of Port Commissioners 3. To become the liaison between the Board and the Executive Director on items within the concern of the particular committee. D. The Functional Committees shall act as an investigative arm of the Board on matters within the specific subject matter of the Functional Committee and shall report to the Board on these matters. The President of the Board of Port Commissioners shall serve as an ex-officio member of all Functional Committees. The Executive Director shall maintain a set of Committee Procedures setting forth the scheduling and operations of the Functional Committees. E. No Committee of the Board is delegated any authority by the Board of Port Commissioners to take any action on behalf of the Board of Port Commissioners. No Committee shall take any action on behalf of the Board of Port Commissioners, and any action taken by a Committee in violation of these By-Laws shall be void and of no force and effect.

Rule 1.11: Article XI - Audit An audit of each fiscal year's activity shall be conducted by a Certified Public Accounting firm licensed by the State of Mississippi. Selection of the audit firm shall be by majority vote of the Authority. The report of audit shall be made to the Authority.

History

Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21

28 Miss. Admin. Code Pt. 307, R. 139504.1 7

B. The agenda may be altered or amended at the Regular meeting by a majority vote of the Commissioners of the Authority at its discretion.

Rule 1.13: Article XIII - Rules of Order Except as otherwise provided by law or these By-Laws, Robert's Rules of Order shall be the parliamentary authority for all matters of procedures at Authority meetings.

B. The Commissioners, Executive Director, and Deputy Directors shall submit annually (each January) to the Mississippi State Port Authority General Counsel the Ethics and Conflict of Interest Questionnaire.

History

Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21 Rule 1.12: Article XII - Order of Business A. The Executive Director shall cause to be prepared and submitted to the Authority members no later than Friday before the monthly meeting, an agenda outlining the items of business to be considered and acted upon.
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21 Rule 1.14: Article XIV - Amendment to the By-Laws These By-Laws may be altered or amended at any regular meeting of the Authority by a vote of three Commissioners of the Authority present at the meeting. However, no such alternation or amendment shall be considered unless ten (10) days written notice of the intention to alter or amend the By-Laws shall have been given in writing to each Commissioner of the Authority, to which there shall be attached a draft of the proposed alternation or amendment.
Source: Mississippi Code §§ 59-1- 1, 59-1-9 and 59-5- 21 Rule 1.15: Article XV - Code of Conflict and Code of Ethics A. The Mississippi State Port Authority is committed to maintain the highest level of honesty, ethical conduct, and public trust. The Authority's Code of Conflict and Ethics requires all Commissioners and employees to avoid any conflict or the appearance of conflict between their personal interests and the interests of the Port.
Source: Miss. Code Ann. §§ 59-1- 1, 59-1- 9 and 59-5- 21

28 Miss. Admin. Code Pt. 307, R. 139504.1 8

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Part 309 Mississippi State Port Authority's Section 3 Plan Port Restoration

28 Miss. Admin. Code Pt. 309, R. 24 C.F.R.135.5 (as applicable to this Section 3 Plan)

amended. Housing and community development assistance does not include financial assistance provided through a contract of insurance or guaranty. Housing development means low-income housing owned, developed, or operated by public housing agencies or Indian housing authorities in accordance with HUD’s public and Indian housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild programs mean programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. Low-income person. See the definition of ‘‘section 3 resident’’ in this section. Metropolitan area means a metropolitan statistical area (MSA), as established by the Office of Management and Budget. New hires mean full-time employees for permanent, temporary or seasonal employment opportunities. Public housing resident has the meaning given this term in 24 CFR part 963. Recipient means any entity which receives section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State, unit of local government, PHA, IHA, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which section 3 applies and does not include contractors. Section 3 means section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 business concern means a business concern, as defined in this section— (1) That is 51 percent or more owned by section 3 residents; or (2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or (3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of ‘‘section 3 business concern.’’ Section 3 clause means the contract provisions set forth in § 135.38. Section 3 covered activity means any activity which is funded by section 3 covered assistance public and Indian housing assistance.

Section 3 covered assistance means: (1) Public and Indian housing development assistance provided pursuant to section 5 of the 1937 Act; (2) Public and Indian housing operating assistance provided pursuant to section 9 of the 1937 Act; (3) Public and Indian housing modernization assistance provided pursuant to section 14 of the 1937 Act; (4) Assistance provided under any HUD housing or community development program that is expended for work arising in connection with: (i) Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); (ii) Housing construction; or (iii) Other public construction project (which includes other buildings or improvements, regardless of ownership). Section 3 covered contract means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of section 3 covered assistance, or for work arising in connection with a section 3 covered project. ‘‘Section 3 covered contracts’’ do not include contracts awarded under HUD’s procurement program, which are governed by the Federal Acquisition Regulation System (see 48 CFR, Chapter 1). ‘‘Section 3 covered contracts’’ also do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a section 3 covered contract. For example, a contract for the purchase and installation of a furnace would be a section 3 covered contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by section 3. Section 3 covered project means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance. Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is: (i) A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (ii) A very low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. Section 8 assistance means assistance provided under section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G.

Service area means the geographical area in which the persons benefitting from the section 3 covered project reside. The service area shall not extend beyond the unit of general local government in which the section 3 covered assistance is expended. In HUD’s Indian housing programs, the service area, for IHAs established by an Indian tribe as a result of the exercise of the tribe’s sovereign power, is limited to the area of tribal jurisdiction. Subcontractor means any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor’s obligation for the performance of work generated by the expenditure of section 3 covered assistance, or arising in connection with a section 3 covered project. Very low-income person. See the definition of ‘‘section 3 resident’’ in this section. Youthbuild programs. See the definition of ‘‘HUD Youthbuild programs’’ in this section.

HUD HIRING CATEGORIES PROFESSIONALS. Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors, airplane pilots and navigators, architects, artists, chemists, designers, dieticians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel and labor relations specialists, physical scientists, physicians, social scientists, teachers, surveyors and kindred workers. TECHNICIANS. Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through 2 years of post-high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-the-job training. Includes: computer programmers, drafters, engineering aides, junior engineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical, dental, electronic, physical science), and kindred workers.

OFFICE AND CLERICAL. Includes all clerical-type work regardless of level of difficulty, where the activities are predominantly non manual though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, collectors (bills and accounts), messengers and office helpers, office machine operators (including computer), shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers.

OFFICIALS AND MANAGERS. Occupations requiring administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes: officials, executives, middle management, plant managers, department managers, and superintendents, salaried supervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains, mates and other officers, farm operators and managers, and kindred workers.

SALES. Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sales workers, insurance agents and brokers, real estate agents and brokers, stock and bond sales workers, demonstrators, sales workers and sales clerks, grocery clerks, and cashiers/checkers, and kindred workers.

CRAFT WORKERS (SKILLED). Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerable independent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and model makers, stationary engineers, tailors and tailoresses, arts occupations, hand painters, coaters, bakers, decorating occupations, and kindred workers.

OPERATIVES (SEMISKILLED). Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians, machinists, mechanics, building trades, metalworking trades, printing trades, etc.), operatives, attendants (auto service and parking), blasters, chauffers, delivery workers, sewers and stitchers, dryers, furnace workers, heaters, laundry and dry cleaning operatives, milleners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters (manufactured articles), photographic process workers, truck and tractor drivers, knitting, looping, taping and weaving machine operators, welders and flamecutters, electrical and electronic equipment assemblers, butchers and meatcutters, inspectors, testers and graders, hand packers and packagers, and kindred workers.

LABORERS (UNSKILLED). Workers in manual occupations which generally require no special training who perform elementary duties that may be learned in a few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, groundskeepers and gardeners, farmworkers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling operations, and kindred workers.

SERVICE WORKERS. Workers in both protective and non-protective service occupations. Includes: attendants (hospital and other institutions, professional and personal service, including nurses aides, and orderlies), barbers, chair workers and cleaners, cooks, counter and fountain workers, elevator keepers, stewards, janitors, police officers and detectives, porters, waiters and waitresses, amusement and recreation facilities attendants, guides, ushers, public transportation attendants, and kindred workers.

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SECTION 3 CLAUSE

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

A-2 that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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APPENDIX B

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§ 135.38 - S ECTION 3 CLAUSE

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Exhibit “2”

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G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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APPENDIX C

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APPENDIX D

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APPENDIX E

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SECTION 3 RESIDENT CERTIFICATION - 2013 Eligibility for Preference Instructions: 1. A section 3 resident seeking preference in training and employment must certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5 of 24 CFR. 2. To indicate your eligibility for preference, complete this form and submit it to the contractor or subcontractor that has advertised the position you are seeking. Submitted to: (“Contractor”) (“Subcontractor”). I, , am a legal resident of . My permanent address is:

Number in Household: Total current gross household income: I am a Section 3 resident because (must check one): I am a resident of public housing, OR I meet the income eligibility guidelines below (circle applicable income limit). I have attached the following documentation as evidence of my status (provide at least one): Copy of lease in a Federally assisted program Copy of evidence of participation in public assistance program that assists low or very low income persons Copy of income tax return Copy of receipt of public assistance Other evidence:

SECTION 3 INCOME LIMITS All residents of public housing developments qualify as Section 3 residents. Additionally, individuals residing in the Gulfport ‐Biloxi metro area who meet the income limits set forth below can also qualify for Section 3 status.

Number in Household Annual Household Income Less Than

1 $30,650 2 $35,000 3 $39,400 4 $43,750 5 $47,250 6 $50,750 7 $54,250 8 $57,750 Revised with 2013 Income Limits I certify that my answers are true and complete to the best of my knowledge. If my application leads to employment, I understand that false or misleading information in this certification or other information provided to contractor or subcontractor may result in my termination. The undersigned acknowledges that Contractor and the Mississippi State Port Authority will rely on the accuracy of the information contained herein and, therefore, any person who misrepresents its status may be subject to criminal and administrative remedies.

DATE SIGNATURE APPENDIX F

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APPENDIX G

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APPENDIX H

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APPENDIX I

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Part 309. Mississippi State Port Authority’s Section 3 Plan Port Restoration

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Section 3 Plan Port Restoration

Table of Contents

Introduction and General Policy Statement .................................................................................... 1 Section 3 Purpose ............................................................................................................................ 1 MSPA Section 3 Outreach & Training Activities........................................................................... 1 Assuring Compliance with Section 3 Policies ................................................................................ 3 MSPA Section 3 Employment & Contracting Goals ...................................................................... 4 Hiring Policies for Achievement of MSPA Section 3 Hiring Goals .............................................. 7 Certification of Section 3 Eligible Residents .................................................................................. 8 MSPA Preference for Contracting with Section 3 Business Concerns ........................................... 9 Certification of Section 3 Business Concerns ................................................................................. 9 Efforts to Award Contract Opportunities to Section 3 Business Concerns .................................. 10 Documenting Section 3 Efforts ..................................................................................................... 10 Section 3 Complaint Procedures ................................................................................................... 11 Section 3 Definitions..................................................................................................................... 13 HUD Hiring Categories ................................................................................................................ 17

APPENDICES APPENDIX A – Section 3 Contract Clause APPENDIX B – Section 3 Project Plan APPENDIX C – Section 3 Hiring Plan APPENDIX D – Section 3 Subcontracting Plan APPENDIX E – Section 3 Business Concern Certification APPENDIX F – Section 3 Resident Certification APPENDIX G – Section 3 Hiring/Subcontracting Activity Report APPENDIX H – Section 3 Project Summary Report APPENDIX I – HUD Job Applicant Survey

Introduction and General Policy Statement

The Mississippi State Port Authority (sometimes referred to herein as the “MSPA” or the “Port Authority”) continues to rebuild the Port at Gulfport which was nearly completely destroyed by Hurricane Katrina on August 29, 2005. In response to the devastation, Congress allocated federal aid through a U.S. Housing and Urban Development Community Development Block Grant to reestablish a sustainable port. The federal aid purposes are supported by the policies of the Mississippi State Port Authority and described in this Section 3 Plan.

This Section 3 Plan outlines and describes the Mississippi State Port Authority’s policies for notifying Section 3 residents and business concerns about employment, training and contracting opportunities and the Port Authority’s, including its Contractors and Subcontractors, obligations concerning outreach, recordkeeping, monitoring and enforcement activities to ensure the Port Authority is, to the greatest extent feasible, directing employment and contracting opportunities to Section 3 residents and business concerns. Section 3 Purpose

Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) and implementing regulations at 24 C.F.R.135 (Section 3) requires recipients and subrecipients such as the Mississippi State Port Authority to ensure that employment and other economic and business opportunities generated by the Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible, consistent with existing Federal, State and local laws and regulations, are directed to low- and very low- income persons, particularly recipients of government housing assistance, and business concerns that provide economic opportunities to low- and very low-income persons. The Mississippi State Port Authority fully embraces the spirit and intent of Section 3 and has set forth policies and procedures in accordance therewith. Such policies are applicable to contractors, subcontractors and others engaged in projects funded through the Mississippi State Port Authority with funds sourced from HUD.

In implementation of these policies and in order to assist in the achievement of the primary objective of connecting low- and very low-income persons with economic opportunities associated with the Port Authority’s Section 3 Covered Projects, the Port Authority has created a full-time, dedicated staff position for a Compliance Manager Officer tasked with monitoring and enforcement of the Port Authority’s Section 3 policies, and employs a Workforce Development Coordinator tasked with overall responsibility for implementation of the Port Authority’s Section 3 Plan.

MSPA Section 3 Outreach & Training Activities To further facilitate the Port Authority’s commitment to the achievement of the numerical goals for itself and its Contractors and Subcontractors, the Port Authority supports broad outreach, education and training relative to Section 3. The cornerstone of the Port Authority’s outreach and training effort is the establishment of the Pathways to the Port Program.

MSPA, in conjunction with the Mississippi Development Authority (the “MDA”), has partnered with the Mississippi Department of Employment Security (“MDES”) to recruit and refer eligible applicants, and to provide employers with a one-stop resource for job posting and qualified workers. MDES operates a network of WIN Job Centers which have traditionally been the link between employers and the workforce. The Centers provide applicants with assessment, job search and placement assistance, as well as access to computers and job readiness training. Applicants in need of additional training will be screened and referred to training providers. MDES has developed the Workforce Investment Global Services or “WINGS”, an integrated web solution that can be used by employers to post jobs, find qualified applicants and manage job applications posted in the system. The process is as follows: • Pathways Program will require all the Program Participants to submit job postings through WINGS for all newly created or replacement positions. • The WIN Job Center will provide a list of qualified job seekers with preference to low- and very low- income persons. • MDES will provide the Program participant with the list of qualified job seekers from the WIN Job Center. • The Pathways to the Port participant will then interview the candidates qualified for the open position and may choose to hire from the list provided if possible. Once the program participant has made a hiring decision regarding the position, the participant shall inform MDES of its decision. • When a candidate is chosen from the list or another source, the Program participant will complete the Job Applicant Survey Form (substantially in the form set forth in Appendix I) and submit it to the Workforce Development Coordinator Compliance Officer or its designee for recordkeeping and reporting. . The Pathways Program will be a focused and accountable model initiative. Applicants will be tracked in the State’s performance management system to measure and report on hiring and other outcomes. Program Outreach: MSPA jobs outreach program in order to quantifies quantify the direct and indirect jobs of contractors and subcontractors resulting from the Port Authority’s Section 3 Covered Projects and to make them available to all sections of the community, including low- to very low- income residents. The entire community in the vicinity of the Port at Gulfport will be targeted. The community shall consist of the MSA.

However, particular attention will be paid to low- and very low- income persons. The outreach campaign will include purchasing authorities, community-based

http://www.mississippi.org/assets/docs/maps/msas.pdf

organizations, WIN Job Centers, libraries, and media resources (e.g., The Sun Herald, WLOX, posting and distributing flyers, a website). Workforce Training The State of Mississippi has successfully developed a workforce training system utilizing the resources of the State’s network of community colleges, senior colleges, State and local economic development agencies, and related business entities. This system has successfully provided hundreds of citizens, many of whom are low- and very low income- persons, with the job training and related education to find employment with the major manufacturing industries and businesses of the State, including Nissan and Toyota. This system has been nationally recognized for its innovation and abilities to provide a highly skilled workforce for these industries. The Pathways Program will partner this approach with existing state workforce system, to plan, implement and oversee training, recruitment, and hiring needs for the Port and the Program Participants. The Pathways Program will identify the fundamental/core skills needed in order to equip unskilled and under-skilled workers to fill entry-level demand jobs. The Pathways Program will work with businesses, community colleges, and other training providers as necessary to meet job training needs. Training will be easily accessible, flexible and will be provided at very low or no cost to eligible applicants. Three key training providers have been identified: (1) the Mississippi Gulf Coast Community College, which has three campuses and has offered the use of its West Harrison Center located in Harrison County to be used exclusively for the Pathways Program training; (2) Pearl River Community College, which has campuses in Hancock and Pearl River County; and (3) the Ship Building Academy located in Jackson County. Existing curriculum will be customized to meet training needs. Training will lead to portable industry recognized credentials. Existing training includes, logistics, diesel equipment and office system technologies; heavy equipment operations; construction skills; OSHA; crane simulation; commercial truck driving and career readiness certificates. The Workforce Development Coordinator Compliance Officer will also evaluate Section 3 eligibility based on the data submitted by contractors. The Compliance Manager Officer shall review and have oversight over all certifications. Assuring Compliance with Section 3 Policies Applicants will be tracked in the State’s performance management system to measure and report on hiring and other outcomes. The Section 3 Clause (see Appendix A) and implementation of all Section 3 Reporting Forms (as referenced in the Table of Contents above) become part of the contractual documents between the Port Authority and any Contractor and their Subcontractors. Further, the Port Authority shall require the Section 3 Clause and the implementation of the Section 3 Reporting Forms to be incorporated into any contract between a Contractor and Subcontractor. The Compliance Manager Officer is available to provide technical assistance to Contractors,

Subcontractors, and others during the course of the Section 3 Covered Project. The Compliance Manager Officer will routinely monitor each party’s continued compliance with the reporting requirements specified in the Section 3 Reporting Forms, any party’s failure to properly satisfy such requirements can be construed by the Port Authority as a breach of such party’s contract and may further result in the Port Authority’s termination of such contract and debarment or suspension of such party from future Port Authority HUD-assisted contracts.

The Workforce Development Coordinator will be responsible for the implementation of the MSPA’s Section 3 Plan, the successful accomplishment the Pathways to the Port Program (as described below) goals and the National Objective to make available 51% of the jobs created to low- and very low- income persons. The Workforce Development Coordinator will: • Develop training inventory and plan, • Interview employers associated with the Port Authority to determine what jobs, special skills and training are needed, • Maintain Port Authority partner coordination with the Mississippi Department of Employment Security to establish the low- and very low- income persons referral, tracking, and reporting processes, • Gather information on employment opportunities from contractor and subcontractors, and communicate all job opportunities throughout the Section 3 community, • Provide oversight of the Pathways Program; and • Perform such other activities as may be requested by the Compliance Manager.

MSPA Section 3 Employment & Contracting Goals The MSPA has set minimum numerical goals for the Project to ensure that, to the greatest extent feasible, economic opportunities are provided to Section 3 residents and Section 3 business concerns. The Port Authority’s current minimum Section 3 goals are as follows:

• Employment: Thirty percent (30%) of the aggregate number of new hires during each year of the project; • Contracting: (a) At least ten percent (10%) of the total dollar amount of all Section 3 covered contracts for public construction, and (b) At least three percent (3%) of the total dollar amount of all other covered Section 3 contracts to eligible Section 3 business concerns.

The goals established by this section apply to the entire amount of Section 3 covered assistance under the Project. The Port Authority will further ensure that, to the greatest extent feasible, its Contractors and/or Subcontractors provide training, employment and contracting opportunities to Section 3 residents and Section 3 business concerns. The Workforce Development Coordinator Compliance Officer will be responsible for reviewing the new hire clause with Contractors and Subcontractors to ensure that the requirement is understood. It is not intended for contractors and subcontractors to terminate existing employees, but to make every effort feasible to employ Section 3 program participants before any other person, when hiring additional employees needed to complete proposed work to be performed with HUD funds.

Contractors:

• Shall incorporate the Section 3 Clause (Appendix A) in their contracts and subcontracts.

• Shall submit a Section 3 Project Plan (substantially in the form set forth in Appendix B), Section 3 Hiring Plan (substantially in the form set forth in Appendix C) and Section 3 Subcontracting Plan (substantially in the form set forth in Appendix D), if applicable, with their proposals detailing the estimate of the number of employment and/or subcontracting opportunities to be generated by the initial contract, for approval in accordance with the MSPA’s Section 3 Plan and shall incorporate and implement such plans in connection with their contracted activities. The Contractors’ plans must be reflective of the MSPA’s Section 3 goals.

• Shall document and report all efforts made toward the implementation and achievement of goals contained with their approved Section 3 Project Plan and Section 3 Hiring Plan, including detailed narratives of all interviewing, hiring and training activities. Contractors shall maintain records documenting such activities to be made available for monitoring and compliance reviews.

• Shall along with supporting documentation submit the Section 3 Business Certification (substantially in the form set forth in Appendix E) in connection with the retention or certification of any Section 3 business concerns.

• Shall, as applicable, submit the Section 3 Resident Certification (substantially in the form set forth in Appendix F) along with supporting documentation in connection with the interviewing, training or hiring of any Section 3 resident. Copies of all supporting documentation shall be maintained by contractors and available for monitoring and compliance reviews.

• Shall, on a monthly basis, timely submit to the MSPA all required Section 3 Reports, including the Section 3 Status Report Hiring/Subcontracting Activity form (substantially in the form set forth in Appendix G) to MSPA and the Section 3 Project Summary Report (substantially in the form set forth in Appendix H).

• Shall, if applicable, demonstrate and document to the satisfaction of the Compliance Manager Officer why meeting the Section 3 numerical goals was not feasible for Contractor or its Subcontractor(s).

• Shall report their employment opportunities to the Workforce Development Coordinator for posting Compliance Officer or its designee. Contractors shall post all employment opportunities with the MS WIN Job Center and shall review the MS WIN Job Center job-seeker postings provided by the MSPA or the Workforce Development Coordinator prior to filling any position for the Project.

• Shall perform such other Section 3 compliance activities as may be reasonably requested by the Port Authority.

Subcontractors

• Shall incorporate the Section 3 Clause in their contracts and subcontracts.

• Shall submit a Section 3 Hiring Plan and Section 3 Subcontracting Plan along with supporting documentation to their respective Contractors for submission to and approval of the MSPA. Subcontractors shall incorporate and implement such plans in connection with their contracted activities. The Subcontractor’s plans must be reflective of the MSPA’s Section 3 goals.

• Shall document and report all efforts made toward the implementation and achievement of goals contained within their approved Section 3 Hiring Plan and Section 3 Subcontracting Plan, including detailed narratives of all interviewing, hiring and training activities. Subcontractors shall maintain records documenting such activities to be made available for monitoring and compliance reviews.

• Shall, as applicable, submit the Section 3 Business Certification in connection with the retention or contracting of any Section 3 business concern and the Section 3 Resident Certification along with supporting documentation in connection with the interviewing, training or hiring of any Section 3 resident. All supporting documentation shall be maintained and available for monitoring and compliance reviews.

• Shall, on a monthly basis, timely submit to the Contractor for submission to the MSPA, all required Section 3 Reporting Forms, including, but not necessarily limited to, the Section 3 Status Report Hiring/Subcontracting Activity form.

• Shall report their employment opportunities to the Workforce Development Coordinator for posting Compliance or its designee. Subcontractors shall post all employment opportunities with the MS WIN Job Center and shall review the MS WIN Job Center job-seeker postings provided by the MSPA or the Workforce Development Coordinator prior to filling any position for the Project.

• Shall perform such other Section 3 compliance activities as may be reasonably requested by the Port Authority.

Port Authority The Port Authority recognizes that the ultimate responsibility for compliance with the Port Authority’s Section 3 Plan rests with the Port Authority , including, but not limited to responsibility for any tasks which are performed by a designee of the Port Authority, the Compliance Officer or both. In recognition thereof, the Port Authority will: • Establish and maintain the roles of the Workforce Development Coordinator and Compliance Manager with Officer, or its designee, who shall have primary responsibility for assuring that the Section 3 implementation procedures are consistently carried out.

• Incorporate the Section 3 Clause and Section 3 Forms in all solicitations and bidding documents.

• Require the submission of Section 3 Plans for review and approval by the Compliance Manager Officer prior to the commitment by the Port Authority of any funding to Section 3 Covered Projects.

• Conduct meetings with Contractors to discuss the review of Section 3 Plans and Forms of the Contractors and their Subcontractors.

• Require approved Section 3 Plans and Forms to become a part of the set of contractual documents.

• Require Contractor’s and Subcontractor’s submission of a periodic Section 3 Reports for review prior to award for compliance.

• Regularly conduct compliance monitoring of all contracts which embody Section 3 plans. The Port Authority shall, no less than two (2) times per year, review with Contractors to perform a comprehensive analysis of compliance by each Contractor.

• Regularly conduct compliance monitoring of all supporting documentation for data submitted by Contractors and Subcontractors.

• Hold workshops, as necessary, on the Port Authority’s Section 3 Program.

• Prepare and submit reports to MDA and HUD (as set forth below) on the Section 3 Program results. All supporting documentation will be maintained by the Port Authority for compliance and monitoring reviews.

• The Workforce Development Coordinator will Compliance Officer or its designee will work with the Mississippi Department of Employment Security to provide the Contractors and Subcontractors with a list of qualified job seekers.

• Shall perform or establish any such other activities or policies which the Port Authority deems prudent or necessary in order to achieve the successful implementation the Port Authority’s Section 3 goals.

Hiring Policies for Achievement of MSPA Section 3 Hiring Goals

The hiring policy as set forth herein is an essential component of any Section 3 Plan submitted to the Port Authority by Contractors and Subcontractors for approval. The Port Authority recognizes the importance of making sure that low- and very low- income residents residing in the Metropolitan Statistical Area benefit from any and all Section 3 Covered Projects built in their communities. As such, Contractors and Subcontractors are expected by the Port Authority to demonstrate in their Section 3 Plans and through their subsequent implementation of such

plans that Section 3 eligible residents are included in the hiring goals and are indeed beneficiaries of the plans’ hiring policies and practices.

The Port Authority, contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of section 3 covered assistance to section 3 residents in the order of priority listed below. Priority consideration shall be given, where feasible, to:

• Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents).

• Other section 3 residents.

Through the incorporation of the Port Authority’s Section 3 Plan into its contracts, the Port Authority will expect Contractors and Subcontractors to:

• Conduct aggressive employment outreach to a number of community based agencies for new hires; • Accept and give preferential employment consideration to referred Section 3 eligible residents; • Provide appropriate employment outreach signage, flyers and advertisements in order to target and inform low- and very low- income residents of employment opportunities; • Cooperate with the Workforce Development Coordinator and

Compliance Manager Officer or its designee to undertake, to the greatest extent feasible, such efforts as they may deem necessary to achieve the Port Authority’s Section 3 goals; • Prior to beginning work, inform Section 3 participants of the development at which the work will be performed, by providing the following: • Names of the Section 3 business concerns to be utilized • Estimates of the number of employees to be utilized for contract • Projected number of available positions, to include job descriptions and wage rates (construction wages consistent with Davis Bacon). • Efforts that will be utilized to seek Section 3 participants; • Notify the Workforce Development Coordinator Compliance Officer or its designee of any employment opportunities prior to hiring for such opportunities; • Immediately notify the Workforce Development Coordinator Compliance Officer or its designee of any problems experienced due to the employment of Section 3 participants; and • Immediately notify the Workforce Development Coordinator Compliance Officer or its designee if a participant quits, walks off, or is terminated for any reason. The contractor

The categories below, which are not applicable to the Section 3 covered activity referenced herein, shall be given higher priority, if and when applicable:

• Participants in HUD Youthbuild programs (category 2 residents).

• Where the section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood in which the section 3 covered project is located shall be given the highest priority.

or subcontractor must provide written documentation of all such incidents to support such decisions to the Compliance Officer or its designee to determine if an investigation is warranted. Certification of Section 3 Eligible Residents Low- and very low- income persons who reside in the Gulfport/Biloxi Metropolitan Statistical Area may seek certification as “Section 3 eligible.” In order to seek Section 3 eligibility status, any individual may complete a Section 3 Resident Certification form and submit such form (including adequate proof of Section 3 eligibility, e.g. a copy of a lease with a housing authority, pay stub or income tax return) to Contractors and Subcontractors or to Program Participants through the Pathways Program. The Workforce Development Coordinator Compliance Officer

is tasked with the responsibility of maintaining a current and accurate list of certified Section 3 eligible residents, and making referrals of certified Section 3 eligible residents to job and training opportunities.

• All persons determined by the Workforce Development Coordinator Compliance Officer to be Section 3 eligible can, by appointment, visit with the Workforce Development Coordinator Compliance Officer or its designee to complete a job readiness assessment as established by HUD.

• Once this assessment is complete, the Compliance Officer or its designee will determine if the individual meets the eligibility requirements and is job ready.

• If the individual is deemed eligible for Section 3 participation and deemed not ready for employment, a referral will be made to other agencies that are better equipped to address the individual’s needs, i.e., substance abuse providers, etc.

• The Section 3 job readiness component is a part of the MSPA commitment to provide economic opportunities and training to residents/eligible participants to become gainfully employed.

MSPA Preference for Contracting with Section 3 Business Concerns The Mississippi State Port Authority is committed to and recognizes the importance of ensuring that Section 3 Eligible business concerns derive economic benefit from any and all MSPA Section 3 Projects in their communities. Likewise, contractors and subcontractors are required by the MSPA to demonstrate in their Section 3 plans and their subsequent implementation actions that Section 3 certified business concerns are included in the contracting goals and are indeed economic beneficiaries of the plan’s business and procurement policies and practices. The Mississippi State Port Authority’s Section 3 policy requires Section 3 business concerns to be given priority in contracting for work:

The categories below, which are not applicable to the Section 3 covered activity referenced herein, shall be given higher priority, if and when applicable:

• Business concerns that are 51% or of more owned by residents of the housing development for which the work is performed, or whose full-time, permanent workforce includes 30% of these persons as employees.

Business concerns that are 51% or more owned by a Section 3 resident(s), or whose permanent, full-time workforce includes no less than 30% Section 3 residents or that subcontract in excess of 25% of the total amount of subcontracts to Section 3 business concerns.

Certification of Section 3 Business Concerns All businesses conducting work with the Restoration Project shall complete the Section 3 Business Concern Certification form (substantially in the form set forth in Appendix E), which can be obtained from the Workforce Development Coordinator Compliance Officer . Any business seeking Section 3 certification must be able to provide adequate documentation as evidence of eligibility for preference under the Section 3 program. The Workforce Development Coordinator Compliance Officer will review such form and supporting documentation and make a determination as to whether to qualify the business as a Section 3 business concern.

The Workforce Development Coordinator Compliance Officer or its designee will maintain a current database capable of generating accurate listings of certified Section 3 business concerns and will make available listings of such concerns to any contractor or subcontractor interested in work pertaining to the Port Authority’s Section 3 Covered Projects. Information from this database and all documentation submitted by any business will also be available to the Manager Compliance Officer who will be engaged in ongoing monitoring of Section 3 implementation and compliance.

Efforts to Award Contract Opportunities to Section 3 Business Concerns Through the implementation of the Port Authority’s Section 3 Plan through its contracts, the Port Authority will expect Contractors and Subcontractors to:

• Advertise contracting opportunities via selected referral sources identified in the form such as newspaper, plan rooms, posting notices that provide general information about the work to be contracted and where to obtain additional information.

• Provide written notice of contracting opportunities available to all known Section 3 business concerns. The written notice will be provided in sufficient time to enable business concerns the opportunity to respond to the bid invitation.

• Coordinate pre-bid meetings at which Section 3 business concerns would be informed of upcoming contracting opportunities in advance.

• Conduct workshops on MSPA contracting procedures to include bonding, insurance, and other pertinent requirements, in a timely manner in an effort to allow Section 3 business concerns the opportunity to take advantage of any upcoming contracting opportunities.

• Business concerns that are 51% or of more owned by residents of the Authority’s public housing development(s) other than the housing development where the work is to be performed; or whose full-time permanent workforce includes 30% of these persons as employees.

• Contact business assistance agencies and Minority and Women Businesses’ contractor associations and community organizations to inform them of contracting opportunities and to request their assistance in identifying Section 3 businesses.

• During procurement of a project, a Section 3 Business Concern will be given a preference in an award pursuant to 24 CFR Part 135 Appendix, III.

Documenting Section 3 Efforts A. Monthly Reports. Section 3 monthly reports are required from all Contractors and Subcontractors of the Port Authority. Reports shall be due upon and submitted in conjunction with the monthly invoice from such Contractor (Contractors shall ensure that the monthly report(s) from its Subcontractor(s) are included in such submission) or due on such other date as reasonably requested by the Compliance Officer.

B. Quarterly Reports. The Port Authority shall prepare quarterly reports detailing (i) all hiring, contracting and subcontracting activities and (ii) Pathways Program participant jobs data, including an executive summary of Pathways Program activities (including, but not necessarily limited to, the number of program participants, explanation of changes in participation, outreach activities and workforce training status) for the quarter. These quarterly reports shall be submitted separately to The Mississippi Development Authority, Post Office Box 849, Jackson, MS 39205.

C. Annual Reports. The Port Authority will submit the annual Section 3 report to MDA for submission to HUD each year. All annual reports shall be submitted on HUD Form 60002, or other form as designated by HUD.

In support of each of the foregoing reports and to document compliance with the Section 3 Plan objectives, the Port Authority will receive and maintain records which, at a minimum, will include specific information and documentation to demonstrate whether the numerical goals were met and that the Port Authority and its Contracts and their Subcontractors carried out their responsibilities in accordance with their obligations. The Manager Compliance Officer shall review and confirm the information and documentation provided to monitor and enforce compliance with this Section 3 Plan.

Section 3 Complaint Procedures

D. HUD Complaint Process

. Any Section 3 resident or business concern may file a complaint alleging noncompliance with Section 3 by a recipient, contractor or subcontractor. Complaints must be submitted to HUD within 180 days of the action or omission upon which the complaint is based. Complaints are to be filed in writing

to:

HUD Complaint Registry: http://portal.hud.gov/hudportal/documents/huddoc?id=958.pdf

A complainant my provide information to be contained in a written complaint by telephone to HUD or any HUD Field Office, and HUD will reduce the information provided by telephone to writing on the prescribed complaint form and send the form to the complainant for signature.

Assistant Secretary for Fair Housing and Equal Opportunity Atlanta Regional Office United States Department of Housing and Urban Development Southeast Office 451 Seventh 40 Marietta Street, SW Washington, DC 20410 Atlanta, GA 30303 Email: complaints_office_04@hud.gov

The written complaint must be signed by the complainant and must contain: • The complainant’s name and address; • The name and address of the respondent of the complaint; • A description of the acts or omissions by the respondent that is sufficient to inform the Assistant Secretary of the nature and date of the alleged noncompliance.

E. Port Authority Informal Complaint Proces s. Any Section 3 resident or business concern may file an informal complaint alleging noncompliance with Section 3 by a recipient, contractor or subcontractor. Informal complaints will be investigated by the Compliance Manager Officer. Filing an informal complaint with the Port Authority will not satisfy the complaint requirements established by HUD. Informal complaints are to be filed in writing to:

Compliance Manager Officer Mississippi State Port Authority at Gulfport 2510 14 th Street, Suite 880 Gulfport, MS 39501

The written complaint must be signed by the complainant and must contain:

• The complainant’s name and address; • The name and address of the respondent of the complaint; • A description of the acts or omissions by the respondent that is sufficient to inform the Assistant Secretary of the nature and date of the alleged noncompliance.

Upon receipt of such complaint, the Compliance Manager Officer will designate the appropriate person(s) to investigate the specific allegations of the complaint and render a finding. If it is determined that a violation of the Port Authority’s Section 3 Plan or a breach of the contractual obligations owed to the Port Authority by any contractor (including breaches committed by any such contractor’s subcontractor), the Compliance Manger Officer shall notify the Port Authority of such findings and of the recommended corrective measures. The Port Authority will utilize its

best efforts to provide the results of its findings to the complainant within thirty (30) days after the filing of the informal written complaint. Section 3 Definitions

Applicant means any entity which makes an application for section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency, Indian housing authority, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Assistant Secretary means the Assistant Secretary for Fair Housing and Equal Opportunity. Business concern means a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Business concern that provides economic opportunities for low- and very low-income persons. See definition of ‘‘section 3 business concern’’ in this section. Contract. See the definition of ‘‘section 3 covered contract’’ in this section. Contractor means any entity which contracts to perform work generated by the expenditure of section 3 covered assistance, or for work in connection with a section 3 covered project. Employment opportunities generated by section 3 covered assistance means all employment opportunities generated by the expenditure of section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assistance, as described in § 135.3(a)(1)). With respect to section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with section 3 covered projects (as described in § 135.3(a)(2)), including management and administrative jobs connected with the section 3 covered project. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. Housing authority means, collectively, public housing agency and Indian housing authority. Housing and community development assistance means any financial assistance provided or otherwise made available through a HUD housing or community development program through any grant, loan, loan guarantee, cooperative agreement, or contract, and includes community development funds in the form of community development block grants, and loans guaranteed under section 108 of the Housing and Community Development Act of 1974, as

28 Miss. Admin. Code Pt. 309, R. 24 C.F.R.135.5 (as applicable to this Section 3 Plan)

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SECTION 3 CLAUSE

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

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APPENDIX B

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§ 135.38 - SECTION 3 CLAUSE

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Exhibit “2”

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APPENDIX C

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APPENDIX D

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APPENDIX E

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SECTION 3 INCOME LIMITS All residents of public housing developments qualify as Section 3 residents. Additionally, individuals residing in the Gulfport‐Biloxi metro area who meet the income limits set forth below can also qualify for Section 3 status.

Number in Household Annual Household Income Less Than

DATE SIGNATURE APPENDIX F

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APPENDIX G

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APPENDIX H

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APPENDIX I

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