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Home My WebLink AboutAgenda Packet 02.21.2023 BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, February 21, 2023 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chair CATHY TOWNSEND District No. 3, Vice-Chair LINDA BARTZ District No. 1 CHRIS DZADOVSKY District No. 2 LARRY LEET District No. 4 JAMIE FOWLER Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 2 | P a g e WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board meeting. INVOCATION-PLEDGE – To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS – These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board’s duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM – Please be respectful of others’ opinions. MEETINGS – All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. Page 2 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 3 | P a g e 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the BOCC Special Meeting of January 27, 2023. B. Board of County Commissioners minutes for the BOCC Special Meeting of January 31, 2023. C. Board of County Commissioners minutes for the BOCC Regular Meeting of February 7, 2023. 6. PROCLAMATIONS APPROVAL A. Resolution No. 23-022 - a resolution proclaiming February 19 - 25, 2023 as "Engineers Week" in St. Lucie County, Florida 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 18 - 19 B. ADMINISTRATION 1. Appointment to the Homeless Advisory Committee Staff recommends that the Board vote to ratify the appointment of Rayme Nuckles as the Treasure Coast Homeless Services Council representative to the Homeless Advisory Committee. Page 3 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 4 | P a g e C. AIR & SEA PORT 1. Ground Sublease between Mr. Fred Morgan and Fort Pierce FBO - ATTACHMENT AMENDED Staff recommends Board approval of the ground sublease between Ft. Pierce FBO and Mr. Fred Morgan and for the Chair to sign all required documents as approved by the County Attorney. D. COUNTY ATTORNEY 1. Road Impact Fee Credit Agreement - Joseph G. Miller - 7-Eleven Parcel - Parcel ID 2407-321- 0001-000-8 - ATTACHMENT AMENDED Staff recommends the Board approve the Road Impact Fee Credit Agreement with Joseph G. Miller, authorize the Chair to sign the agreement and record the agreement in the public records of St. Lucie County, Florida. 2. Road Impact Fee Credit Agreement - Joseph G. Miller - Parcel ID 2407-321-0001-000-8 Staff recommends the Board approve the Road Impact Fee Credit Agreement with Joseph G. Miller, authorize the Chair to sign the agreement and record the agreement in the public records of St. Lucie County, Florida. 3. Revocable License Agreement - 8705 Belleair Avenue - Lakewood Park - Unit No. 8 - Karen Patricia Lange - Parcel ID 1301-608-0261-000-0 Ms. Lange is requesting a Revocable License Agreement to install a 6’ wood fence along the south side of the property, within the County’s 10’ Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 19. She understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at her expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Lange pay to record the agreement in the public records of St. Lucie County, Florida. 4. Revocable License Agreement - 610 Ash Street - River Park - Unit 2 - Bernie Lamare Hill-Dodd and Bobbie Hubbard Hill - Parcel ID 3419-510-0189-000-9 Page 4 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 5 | P a g e Mr. and Mrs. Hill are requesting a Revocable License Agreement to install a 6’ wood fence with gates along the south and east sides of the property, within the County’s 6’ Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224, Page 453. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Hill pay to record the agreement in the public records of St. Lucie County, Florida. 5. Road Impact Fee Credit Agreement - Road Improvements - SFG SFLC 95, LLC - Rock Road Staff recommends the Board approve the Road Impact Fee Credit Agreement with SFG SFLC 95, LLC, authorize the Chair to sign the agreement and record the agreement in the public records of St. Lucie County, Florida. 6. Interlocal Agreement with Fort Pierce Utilities Authority ("FPUA") - Selvitz Road and NSLRWD Canal 102 Staff recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the agreement as reviewed and approved by the County Attorney. 7. Resolution No. 23-019 - Providing Consent to the Florida Development Finance Corporation to the Issuance of Solid Waste Disposal Revenue Bonds on Behalf of Waste Pro USA, Inc. Staff recommends that the Board approve the resolution and authorize the Chair to sign the resolution. E. FACILITIES 1. Green Collar Consortium - Memorandum of Agreement and Facilities Use Agreement Staff recommends BOCC approval of a new Memorandum of Agreement and Facilities Use Agreement for the continuation of workforce training opportunities at the Logistic Center as reviewed and approved by the County Attorney. F. LIBRARY SERVICES Page 5 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 6 | P a g e 1. St. Lucie County Library System Pest Control Policy Staff recommends Board approval of St. Lucie County Pest Control Policy. G. OFFICE OF MANAGEMENT & BUDGET 1. FY 23 Budget Resolution Recognizing Unanticipated Revenue and Transfer of Emergency Reserves Staff recommends approval of this agenda item to recognize the funds to amend the budget by $1,777,159.00 and the transfer of $59,747.00 from General Fund Emergency Reserves to the Public Safety Department to cover Hurricane Nicole related expenses. H. PUBLIC UTILITIES 1. Sole Source and Bid Waiver Addition Staff recommends Board approval of bid waiver and sole source determination for Instrumental Specialties, Inc for the purchase of equipment, parts, service, and supplies for Teledyne ISCO equipment and Environmental Equipment Services for equipment, parts, service, and supplies for Smith & Loveless, Inc., wastewater pumping equipment. I. PUBLIC WORKS 1. Redemption of Bonds for the Indian River Estates Municipal Services Benefit Unit (MSBU) - Potable Water and Fire Protection Improvements Staff recommends Board authorization to prepay the balance of the Indian River Estates MSBU 2007A Bonds. 2. Approval of Amendment #3 to Work Authorization No. 1 with Culpepper & Terpening, Inc. for the Oleander Avenue Sidewalk from Midway Road to South Market Avenue Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommends the Board approve the request to increase the FY22 Capital Improvement Plan for the Oleander Avenue Sidewalk from Midway Road to South Market Avenue project, approve the Work Authorization Amendment by Culpepper & Terpening, Inc. in the amount of $52,492.50 and time extension to June 30, 2023, and authorize the Chair to sign documents approved by the County Attorney. Page 6 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 7 | P a g e 3. Special Permit Request - Relief from Noise Ordinance for Painting Work on the Turnpike Bridge over Glades Cut-Off Road Staff recommends Board approval to grant the request from Gulf Coast Contracting, LLC for a special permit in accordance with Section 28-112 of the St. Lucie County Code of Ordinances. J. TRANSIT 1. Amendment - On July 19, 2018, the Federal Transit Administration (FTA) published the Public Transportation Agency Safety Plan (PTASP) final rule, which requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS). On February 17, 2022, the FTA published a Dear Colleague Letter to inform the transit industry about the Bipartisan Infrastructure Law changes to the PTASP requirements. The new requirements apply to transit agencies with an Agency Safety Plan (ASP) in place under the PTASP regulation (49 CFR Part 673). Staff recommends Board approval of the amended Public Transportation Agency Safety Plan (PTASP) and authorization for the chair to sign documents as approved by the County Attorney. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance No. 23-003 - Amending Chapter 36, Roads and Bridges, Section 36-1, "Erection of Signs or Structures Within Right-Of-Way Prohibited, Removal" Staff recommends the Board approve Ordinance No. 23-003 and authorize the Chair to sign the ordinance. B. PUBLIC WORKS 1. Culvert 2023-02 Municipal Services Benefit Unit - Assessment Resolution Staff recommends Board approval of Resolution No. 2023-18, the Culvert 2023-02 MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 10. REGULAR AGENDA Page 7 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 8 | P a g e A. ADMINISTRATION 1. Appointments to the Infrastructure Surtax Oversight Committee - At-Large Member Vacancies Staff recommends that the Board vote and appoint three representatives to fill the two At- Large seats and one At-Large/Alternate seat on the Infrastructure Surtax Oversight Committee. B. COUNTY ATTORNEY 1. Employment Agreement - George Landry - ATTACHMENT AMENDED Staff recommends that the Board approve the employment agreement and authorize the Chair to sign the agreement. C. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from the PDS Director No formal vote is necessary as this is only a discussion item. 11. ANNOUNCEMENTS A. The St. Lucie County Fair takes place Friday, Feb. 24 through Sunday, March 5 at the St. Lucie County Fairgrounds, 15601 Midway Road in Fort Pierce. For ticket and event information, please visit: www.stluciecountyfair.org. B. The New York Mets are scheduled to be back at Clover Park with their first Spring Training game in Port St. Lucie on Feb. 25. The Mets have 16 home games on the schedule, including one with the Braves. Tickets are on sale now at www.mets.com/springtraining. C. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 7, 2023 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 7, 2023 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Page 8 of 433 Regular Meeting Tuesday, February 21, 2023 9:00 AM 9 | P a g e E. The 19th annual St. Lucie Earth Day Festival will be on Saturday, April 22nd at the Oxbow Eco- Center (5400 NE St. James Dr., Port St. Lucie) from 10am to 5pm. The festival will feature environmental and community-based exhibitors, vendors, and performers from all over the region sharing resources and entertainment. For more information visit www.StLucieEarthDay.com. 12. MOTION TO ADJOURN Page 9 of 433 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Special Meeting January 27, 2023 Convened: 2:28 PM Adjourned: 5:12 PM 1. CALL TO ORDER The meeting was called to order at 2:28 PM by Chair Cathy Townsend, District No. 5. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney III Jennifer Hill, OMB Director George Landry, Solid Waste Director Mayte Santamaria, Planning & Dev. Services Director Nicole Fogarty, Legislative Affairs Division Director Colin Baenziger of Colin Baenziger & Associates Lori Rocky, Government Relations Coordinator Rangel Guerrero, Public Safety Director John Titkanich, Innovation & Performance Division Director Vera Smith, Deputy Clerk Recording Secretary 2. PLEDGE OF ALLEGIANCE 3. DISCUSSION ITEM A. County Administrator Candidate Interviews - Revised Schedule Dan McIntyre, County Attorney, and Consultant Colin Baenziger presented to the Board the top five (5) candidates to be interviewed for the position of County Administrator in St. Lucie County. Each Board member conducted an individual interview with each of the candidates and the staff organized a 30-minute time frame for a group interview process with the Board for more questioning. Chair Townsend provided an opening statement by thanking the candidates for reaching out to the County with an interest in the County Administrator position. She advised no decision would be made at this time and upon Board discussion, the decision will be made on January 31, 2023. During the interview process, the Board questioned each candidate regarding years of experience, evaluations with staff, etc. A summary of each candidate's opening/closing statement. Page 10 of 433 BOCC Special Meeting Friday, January 27, 2023 2:20 PM 2 | Page 2:28 pm to 2:53 pm Derek R. Scrapchansky addressed the Board and advised after graduating from college he spent 25 years in the U.S. Navy and retired in 2015. He has spent the last eight years as city/town manager, treasurer, tax collector, and economic development director. His experience in economic development has been very extensive with some of the same similarities in St. Lucie County with population growth. It is important to establish communication with all of the partners to promote economic development to make sure that businesses are surviving especially within the last few years as everyone has experienced COVID-19 and some issues with workforce housing. He has been doing quite a bit to improve the situation to make sure there are housing opportunities for our people, especially in the service and manufacturing industries. He advised it is important to work on some of the same things here in St. Lucie County, and he is confident that he will be able to be successful and be part of this team. He is advised he is a big proponent of professional personal growth and very supportive of an open-door policy with all employees. Mr. Scrapchansky spoke on economic development, infrastructure, partnerships, and strategic planning and advised he is capable and excited about the opportunity and that no matter what the turnout is he will still be involved in the community. 2:56 pm to 3:26 pm Dale Dougherty addressed the Board and advised he is a South Flordia resident with some family in St. Lucie County and mentioned his family background. He is a traditional person who has a background in experience in education and has experience in government in South Carolina, Georgia, and Florida. Mr. Dougherty advised he exercises integrity or an ethical foundation of being fair and honest, and will bring a wealth of knowledge and experience to the private/public sector. He advised of his experience in economic development, airport expansion, and being an advocate for bringing big businesses with high-tech jobs to St. Lucie County to prevent residents from going to other counties for work. Mr. Dougherty mentioned his advocacy for staff and having a great relationship with the County Attorney for the best decision-making for the best interests of the community. He provided an overview of his management style and micromanagement to better understand the working environment in the beginning. Mr. Dougherty spoke on job growth, administration, and budgets. He thanked the Board for the opportunity. 3:28 pm to 4:02 pm Eric R. Johnson addressed the Board and began by thanking the Board for the opportunity to bring some experience that would be beneficial to the County. He advised his undergraduate degree is in economics and that his first job was as a federal economist. He provided his experience in economic development and mentioned with the growth in the community he would like to provide support with more job availability. Mr. Johnson provided his experience on an administrative level and the relationship with the County Attorney to work together with staff to provide mentorship for every opportunity to advance which may at a time change their job role when evaluating strengths and weaknesses. One of the goals of his financial management skills is to leverage the skills of maintaining the lowest borrowing cost/debt for the growing County and provide the work to improve and maintain the bond ratings. He provided an overview of his experience with public/private partnerships while providing an example of the challenges he has experienced within his career. He advised his job is to ensure that the policy direction comes from the Board and is enacted by staff that can complete their jobs. If hired he is a generalist and expert in budgeting and if provided the opportunity to be in a leadership position and his job is to ensure that the staff will successfully do their jobs as well. Page 11 of 433 BOCC Special Meeting Friday, January 27, 2023 2:20 PM 3 | Page 4:02 pm - Recess taken 4:15 pm - Reconvened 4:15 pm to 4:42 pm George M. Stokus addressed the Board and advised the Board he is currently the Government Liaison and working with the Business Development Board for the Economic Development Council in Martin County. He provided examples of economic development projects he has assisted with including the approval of a 48,000-square-foot trade facility in 90 days, a 50-year agreement with Dahar Aircraft, and with Stuart Jet Center which produced 50 jobs. If granted the position he would individually meet with the Board to discuss expectations for the first 12 months, make sure the budget is in line, and work with the County Attorney and staff to insure all objectives are taken care of. Mr. Stokus stated the County Attorney and Administrator set the pace for the work environment and he supports mentoring, coaching, and encouraging staff to assist in more opp ortunities for pro fessional growth. In the hiring process for the two vacancies for deputies, he would hire 50/50 internally and externally to bring a fresh perspective and would evaluate the organizational structure beforehand. Mr. Stokus mentioned his experience challenges with the airport and advised he is an Accredited Airport Executive, a Certified Flight Instructor, a Multi-Engine Instrument Commercial Pilot with 1,000+ hours, and has managed three to four different airports. He discussed his approach to certain issues including population growth, housing, utilities , sale tax, public/private partnerships, municipalities , recession, constitutional officers, grants, and strategic budget planning. In closing, he advised he enjoyed the process and thanked the Board for the time, and will be looking forward to the decision. 4:44 pm to 5:05 pm George C. Landry addressed the Board and began by thanking the Board for the opportunity and continued by providing his experience and knowledge of Economic Development. In his current role as the Public Utilities Di rector as part of Economic Development, he has first-hand experience with the front end of development applications for Housing Developments, Businesses , etc. He provided the Board with examples of some Ec onomic Development projects he assisted with including the Kings Highway Project, Workforce Housing, and job creation for community growth. He mentioned the importance of the County Attorney and Administrator relationship for constructive conversations and advice on solutions for contracts and interlocal agreements from the legal side. Mr. Landry advised if provided the opportunity for the Administrator role he would seek policy, guidance, and direction from the Board to make sure he understands the priorities and translate them to staff and each department. Mr. Landry in the process of evaluating the vacancies for deputies would evaluate the applicant's personality, skills, teamwork, and experience. He advised in his time with the County he has been provided the opportunity to be involved in the inner workings of every department from personnel, recruiting, contracts, etc., getting the knowledge and understanding of how each department operates. Mr. Landry also advised the Board of the relationships he has with both Cities regularly on all levels. He mentioned his experience and challenges with public/private partnerships, municipalities, local businesses, local government agencies, budget strategies , constitutional officers, and non-profit organizations. In closing, Mr. Landry thanked the Board for the humbling experience and hopes he demonstrated the qualities needed for the position. His loyalty is with the County regardless of the decision. Page 12 of 433 BOCC Special Meeting Friday, January 27, 2023 2:20 PM 4 | Page The Board’s comments and discussion after the interview process: Chair Townsend commented and advised she views the interviewed candidates as being a part of the team and not for the County Administrator position. She was not comfortable making a decision and would like to reopen the position. Commissioner Dzadovsky commented and recom mended that the B oard membe rs take the weekend to re-evaluate the information provided during the individual/group interview process and make a decision on either reopening the position or the selection from the five candidates during the January 31, 2023 meeting. Chair Townsend questioned the County Attorney if it was ethical to contact the candidates after the interview process for follow-up questions. Mr. McIntyre advised it would be appropriate to contact the candidates if needed. Commissioner Leet expressed his opinion and advised the applicants he is in consideration of are well qualified and do not want to wait too long and agreed with the Chair regarding the big decision. Commissioner Bartz and Fowler did not comment. The Board also thanked the Colin Baenziger of Colin Baenziger & Associates for the excellent candidate selection. 4. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 5:12 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. Page 13 of 433 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Special Meeting January 31, 2023 Convened: 9:00 AM Adjourned: 10:05 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by Chair Cathy Townsend, District No. 5. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney Katherine Barbieri, Asst. County Attorney Caroline Valentin, Asst. County Attorney Jennifer Hill, OMB Director Colin Baenziger of Colin Baenziger & Associates (via video) Mayte Santamaria, Planning & Dev. Services Director Nicole Fogarty, Legislative Affairs Division Director Lori Rocky, Government Relations Coordinator Mark Lauzier, Budget Manager Rangel Guerrero, Public Safety Director Vera Smith, Deputy Clerk Recording Secretary 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT Chair Townsend opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Townsend closed public comment. 4. REGULAR AGENDA A. County Administrator Selection - Revised List Dan McIntyre, County Attorney, and Consultant Colin Baenziger presented to the Board ballot preference sheets for the selection of the next County Administrator in St. Lucie County. On January 27, 2023, the Board interviewed five (5) candidates for the position but only four (4) finalists remain for selection. Page 14 of 433 BOCC Special Meeting Tuesday, January 31, 2023 9:00 AM 2 | Page • Dale "Doc" Dougherty • George C. Landry • Derek R. Scrapchansky • George M. Stokus Staff recommended the Board select a candidate for the position of County Administrator in St. Lucie County and direct staff to negotiate a contract with the selected candidate for Board consideration during the February 21, 2023 meeting. Discussion Chair Townsend commented and recommended moving forward that a contract be established with the new administrator now and in the future, for them to have an assessment evaluation by the Board each year. Also, upon being hired for an evaluation after the first three (3) months, and at that time the Board can decide to continue employment and move on and if not working out, then there's no problem. Mr. McIntyre commented and advised the contract would be appropriate and in the best interest of the Board and applicant. He mentioned the proposed contract could include an interim hiring term of three (3) months and at that time the Board can either the candidate is the right person for the County Administrator position and go into a full contract, decide whether the candidate is not the right person and terminate the contract, or extend the three (3) month term to another term. The advantage from the County’s perspective would be no severance will be paid if the contract is terminated. An internal candidate would have the option to remain a County employee if an open position was available and external candidates would be separated from the County with no severance. An annual evaluation can be documented within the contract as well but would be at the Board's will for approval. Chair Townsend expressed her concerns regarding the candidate selection and advised the decision should not be rushed and still feels the position should be opened back up again but upon more conversation with the candidates she would be comfortable with a vote at this time. Commissioner Dzadovsky expressed his concern regarding the contracted three (3) month term if the hired candidate is from out of state. Commissioner Fowler questioned if the reopening of the application process would cost the County any more funding. Staff advised the contract with Colin Baenziger of Colin Baenziger & Associates has a flat fee and if the County decided to reopen the application process there will be no extra charge. Commissioner Bartz commented on the proposed contract and the yearly evaluation process. Commissioner Leet had no question or comment at this time. Colin Baenziger of Colin Baenziger & Associates commented and advised an evaluation annually is customary and should be included within the contract and suggested an evaluation after the first six (6) months, and then annually to receive initial feedback without waiting a year. Page 15 of 433 BOCC Special Meeting Tuesday, January 31, 2023 9:00 AM 3 | Page Upon the discussion of the Board, each commissioner was provided a ballot preference sheet and was directed to indicate the top two candidates believed to be the best choice for the next St. Lucie County Administrator. Each Commissioner submitted their tally selection: Katrina Slay, the Agenda Coordinator, announced each Commissioner selected candidates from the tally sheets. Candidate Townsend Bartz Dzadovsky Leet Fowler Total Dale "Doc" Dougherty • 1 George C. Landry • • • 3 Derek R. Scrapchansky • • 2 George M. Stokus 0 Mr. McIntyre read into the record the majority vote for George C. Landry for the County Administrator position and advised the Board could ballot for a second time to confirm a unanimous vote. Upon, discussion each Board member commented on their candidate selection regarding the experience, qualifications, management/leadership capabilities, longevity, local knowledge, background, professionalism, etc. The Board recommended a contract be negotiated with terms and conditions as stated to include a six (6) to twelve (12) month evaluation period, severance, etc. Staff will continue to discuss with the Board one on one regarding the terms and conditions to be negotiated within the contract to be brought back for a formal vote on February 21, 2023. The new County Administrators' start date will be March 1, 2023. Mr. McIntyre recommended the Board makes a motion to appoint George C. Landry as County Administrator for a unanimous decision. A motion was made to appoint George C. Landry to the position of County Administrator of St. Lucie County, and upon roll call, it passed unanimously. RESULT: APPROVE - GEORGE C. LANDRY TO THE POSITION OF COUNTY ADMINISTRATOR IN ST. LUCIE COUNTY MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 5. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:05 AM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. Page 16 of 433 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting February 7, 2023 Convened: 6:00 PM Adjourned: 6:41 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Cathy Townsend, District No. 5. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney JoAnn Riley, Property Acquisition Manager Caroline Valentin, Assistant County Attorney III Katherine Barbieri, Asst. County Attorney Jennifer Hill, OMB Director Benjamin Balcer, Assistant Director Mark Lauzier, Budget Manager Rangel Guerrero, Public Safety Director George Landry, Interim Deputy County Administrator Rebecca Olson, Interim Director of Public Utilities Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Mark DeRosa addressed the Board in remembrance of Claudia Bradley who tragically lost her life to drunk driving on Indian River Drive on February 7, 2021, and the continued speeding violations that need to be addressed, also requested the installation of speed tables. • Caleta Scott addressed the Board regarding the Indian River Lagoon National Estuary Program. • Jean Dontellos addressed the Board regarding an issue with the Building & Permit Department. Page 17 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 2 | Page With no one else wishing to address the Board, Chair Townsend closed public comment. 5. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of January 10, 2023. B. Board of County Commissioners minutes for the BOCC - 4 County Meeting of January 11, 2023. C. Board of County Commissioners minutes for the BOCC Informal Meeting of January 17, 2023. D. Board of County Commissioners minutes for the BOCC Regular Meeting of January 24, 2023. 6. PROCLAMATIONS APPROVAL A. Resolution No. 23-008 - Recognizing the Month of February 2023 as "National African American/Black History Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to the "St. Lucie County NAACP", 1st Vice- President LaShawn Floyd-Bell, and President Aisha Nash, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None Page 18 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 3 | Page B. Resolution No. 23-017 - Proclaiming February 2023 as "2-1-1 Awareness Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution, and it passed unanimously. Chair Townsend presented the proclamation to "211 Palm Beach & Treasure Coast" Board Member Jodie Murphy and President/CEO Sharon L'Herrou, who thanked the Board and accepted the proclamation. RESULT: APPROVE MOVER: Commissioner District 2 Larry Leet SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A motion was made to adopt the consent agenda, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 16 - 17 Adopted by Consent Vote B. ADMINISTRATION 1. Appointment to the Comprehensive Economic Development Strategy Committee Staff recommended that the Board vote to ratify the appointment of Larry Neese as Commissioner Fowler's representative on the Comprehensive Economic Development Strategy (CEDS) Committee. Item was pulled from the Consent Agenda prior to the meeting. C. COUNTY ATTORNEY 1. Ratifying the Purchase of Property located on Avenue F, North 35th Street, and Avenue G for County Right-of-Way Page 19 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 4 | Page Staff recommended the Board ratify the purchase of Parcel ID 2404-608-0186-000-9 for County right- of-way. Adopted by Consent Vote 2. Resolution No. 2023-12 - Rename Hegener Drive to Tom Mackie Boulevard on the Plat of Southern Grove Plat No. 26, and to rename Paar Drive to Hegener Drive on the Plats of Southern Grove Plat No. 35, Southern Grove Plat No. 3, and Southern Grove Parcel 28 Replat Staff recommended the Board approve renaming Hegener Drive to Tom Mackie Boulevard and Paar Drive to Hegener Drive, authorize the Chair to sign the resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the resolution in the public records of St. Lucie County, Florida. Adopted by Consent Vote 3. Permission to Advertise Ordinance Amending Chapter 36, Roads and Bridges, Section 36-1, "Erection of Signs or Structures Within Right-Of-Way Prohibited, Removal" Staff recommended the Board grant permission to advertise an ordinance for a public hearing on February 21, 2023, at 9 a.m., or as soon thereafter as may be heard. Adopted by Consent Vote 4. After the Fact Revocable License Agreement - 2930 Sherwood Lane - Sherwood Acres - Unit 1 - Meljem Property Investment LLC - Parcel ID 2421-707-0001-000-8 Meljem Property Investment LLC is requesting an “After the Fact” Revocable License Agreement to keep their 6’ wood fence and gates along the south and east side of the property, within the County’s 6’ Utility Easement and 15’ Drainage Easement, per the Plat recorded in Plat Book 14, Page 43. He understands if the County Engineer determines the fence and gate are causing flooding, drainage problems, or for other needs in the area, the fence and gate will need to be removed or relocated at his expense. Engineering, Road & Bridge, and Water Quality have reviewed the license agreement and have no objections. Staff recommended the Board approve the after the fact revocable license agreement, authorize the Chair to sign the agreement, and direct Meljem Property Investment LLC pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 5. Request for Authorization, Pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to begin the Page 20 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 5 | Page Condemnation Process, Permission to Order Title Work, and Order a Public Hearing of an Unsafe Structure located at 7806 Banyan Street, Fort Pierce, FL 34951, St. Lucie County, Florida Staff recommended, pursuant to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws, that the Board authorize the condemnation process, order the title work and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe structure located at 7806 Banyan Street, Fort Pierce, FL 34951. Adopted by Consent Vote 6. Request for Authorization, Pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to begin the Condemnation Process, Permission to Order Title Work, and Order a Public Hearing of an unsafe structure located at 2883 Coolidge Road, Fort Pierce, FL 34945, St. Lucie County, Florida Staff recommended, pursuant to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws, that the Board authorize the condemnation process, order the title work and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe structure located at 2883 Coolidge Road, Fort Pierce, FL 34945. Adopted by Consent Vote 7. Request for Authorization, Pursuant to Appendix A, Local Acts, Article VII, Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to begin the Condemnation Process, Permission to Order Title Work, and Order a Public Hearing of an Unsafe Structure located at 4713 Sunrise Blvd, Fort Pierce, FL 34982, St. Lucie County, Florida - ATTACHMENT ADDED Staff recommended, pursuant to the provisions of Appendix A, Local Acts, Article VII, Division 2, Section 7-43 of the St. Lucie County Code of Ordinances and Complied Laws, that the Board authorize the condemnation process, order the title work and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe structure located at 4713 Sunrise Blvd, Fort Pierce, FL 34982. Adopted by Consent Vote D. PARKS & RECREATION 1. Award of Bid No. 23-006 - Museum Pointe Park Parking Lot Expansion Staff recommended Board approval to increase available project funding from $151,060.00 to $470,035.00 with the use of Parks Impact Fees and award Bid No. 23-006 to Ferreira Construction Company,13000 S.E. Flora Ave., Hope Sound, FL 33455, the lowest responsive and responsible bidder, in the amount of $470,035.00, and authorize the Chair to sign documents as approved by the County Attorney. Page 21 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 6 | Page Adopted by Consent Vote E. PUBLIC SAFETY 1. FY 23 Sole Source Procurement Request for EOC Security Upgrades Staff recommended Board approval of Sole Source Procurement Request for EOC Security Upgrades, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. PUBLIC UTILITIES 1. Sole Source and Bid Waiver Addition Staff recommended Board approval of bid waiver and sole source determination for the Avanti Company for the purchase of parts, services, and supplies for the care and maintenance of the water treatment plants. Adopted by Consent Vote 2. Award CDM Work Authorization No. 21 -Title V Air Operation St. Lucie County Solid Waste is currently operating under Title V Air Operation Permit No. 1110081- 012-AV. The Title V Air Permit has a five-year term starting on November 26, 2018, and expires on November 26, 2023. The state rules require that an application to renew the Title V Permit must be submitted to the Florida Department of Environmental Protection (FDEP) 225 days in advance of its expiration, or by April 15, 2023, in order to ensure continuous permission to operate (Rules 62- 213.420 and 62-4.090, F.A.C.). Staff recommended Board approval and authorization for the Chair to execute CDM Smith Work Authorization No. 21 under Contract C19-09-790 for professional engineering services for not-to- exceed total cost of $60,595.00. Adopted by Consent Vote 3. Bid Waiver for Emergency Restoration Services Staff recommended approval of an Emergency contract to pay One Call Florida, Inc. the remaining portion of $109,803.00. Adopted by Consent Vote G. PUBLIC WORKS 1. Project Glades - Fee-In-Lieu-Of Sidewalk Construction Staff recommended Board approval of the Fee-In-Lieu-Of sidewalk construction agreement with Page 22 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 7 | Page Glades Logistics Owner, LLC, accept funds in the amount of $113,334.00 and authorization for the Chair to sign documents as approved to form by the County Attorney. Adopted by Consent Vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Resolution No. 2023-11 - Public Hearing to Abandon a Portion of a 30' County Right-of-Way as described in Plat Book 3, Page 23 JoAnn Riley, Property Acquisition Manager, presented this item to the Board. The Property Acquisition Division received a request from William and Kathryn Poston to abandon a portion of a 30' County right-of- way. The right-of-way bisects the Poston property and goes through the existing concrete structure that comprises a six-stall stable, garage, and one-bedroom apartment. The location of the 30' right-of-way clouds the status of this essential structure and raises legal and financing issues. The right-of-way location also clouds the county process regarding future modifications to the structure that require permits. A Notice of Intent to Abandon was advertised in the St. Lucie News Tribune on September 7 and September 14, 2022, and no objections were received. Also on December 13, 2022, the Board approved permission to advertise the public hearing, and on January 20, 2023, County staff advertised the notice of public hearing in the St. Lucie News Tribune and notified property owners within 500 feet of the abandonment area and no objections were received. North St. Lucie River Water Control District, AT&T, and Florida Power & Light have been provided written consent to the abandonment. County staff has reviewed the petition to abandon a portion of a 30’ platted County right-of-way and has no objections. Staff recommended that the Board approve Resolution No. 2023-11, authorize the Chair to sign the Resolution, instruct staff to publish the final notice of abandonment, and record the resolution and the proof of publications in the public records of St. Lucie County, Florida. Chair Townsend opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Townsend closed the public hearing. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None Page 23 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 8 | Page 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Interlocal Agreement With St. Lucie County Fire District To Use County-Owned Premises For Training Purposes. Caroline Valentin, Assistant County Attorney III, presented this item to the Board. The St. Lucie County Fire District desires to enter into an Interlocal Agreement with the County to use County-owned premises located at 480 North 7th Street for training purposes. This will not affect the County's plan to demolish the building as it will be demolished after the Fire District conducts its training. The training that the Fire District will conduct will consist of the following: • Perform search and rescue drills with personnel • Pull and stretch fire hose lines into the building, but do not flow water into the building • Utilize the outside/inside and roof of the building to discuss building construction and characteristics • Placement of personnel and apparatus on the scene with access to the front and rear of the building • Use for commercial doors for forced entry Staff recommended that the Board approve the interlocal agreement with St. Lucie County Fire District as drafted and approved by the County Attorney and allow the Chair to sign. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 2. Gubernatorial Appointment of District 19 Medical Examiner Daniel McIntyre, County Attorney, presented this item to the Board. On January 6, 2023, a memorandum was sent to the Board from Brett Kirkland, Ph.D., Bureau Chief Medical Examiners Commission staff. The Medical Examiners Commission is considering recommending the current medical examiner Dr. Patricia A. Aronica, M.D. for reappointment. Dr. Kirkland is requesting that the Board complete a Reappointment Ballot Form and return it by February 24, 2023. Staff recommended that the Board provide a favorable response to the recommendation for Dr. Aronica's reappointment. Commissioner Dzadovsky and Bartz commented on the challenges of the medical examiner's office and the Page 24 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 9 | Page accreditation of Dr. Aronica. The Board had no further questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None B. PUBLIC UTILITIES 1. North Hutchinson Island Septic to Sewer Program - BACKGROUND AMENDED George Landry, Director of Public Utilities, presented this item to the Board. For many years, St. Lucie County Utilities (SLCU) has worked to bring central sewer service to the remaining subdivisions on North Hutchinson Island (NHI) and replace their existing septic tanks. The remaining subdivisions are Queens Cove, Coral Cove, Fort Pierce Shores, and Jackson Way. In the past, the main challenge was the cost to the residents. County Utilities has determined the current estimated total project cost at $18,436,950 which includes sewer collection lines and each property owner's sewer capacity charge of $3,425. In, 2016 2016 the project's estimated cost was around $14 million with no grants to offset the cost. At that time the cost to each affected property owner would have been around $25k so the staff did not make any recommendation to bring it forward. In 2021, County Utilities applied for and received State grants totaling $7.25 million dedicated to the North Hutchinson Island septic to-sewer program to offset some of these estimated conversion costs. With the importance of the project and the financial impact on the 574 property owners, the reduced cost to the residents after applying for the grants was offset to approximately $18k to $20k per property. With the direction of the Board, County Utilities was able to secure an additional $5.35 million in funding to make a total contribution of $12.6 million via grants and additional funding. The project has 68% of funding by grants and additional funding, leaving the remaining 32% to be borne by the residents at a reduced cost of approximately $12,500 per property owner. County Utilities has proposed the creation of an MSBU whereby special assessments would be imposed against each affected property to finance the cost through installments collected on the annual property tax bill over a term of years instead of a single up-front payment by the property owners. Given the terms of the grants and additional funding, County Utilities is under a timeline to complete this project to retain all the grants and additional funding needed. As a result, County Utilities is requesting the Board schedule a public hearing as required by County ordinance to create an MSBU and to allow County Utilities staff to mail out all the supporting notices and MSBU documents to the affected property owners 45 days in advance of the public hearing to allow time to schedule one or more meetings between the County Utilities team and affected property owners to discuss the project and proposed financing plan and provide them with answers to their questions in advance of the hearing. Staff requested the Board to consider a special meeting date for the public hearing, being that the meeting could take a few hours. This alternative would forego the traditional pre-MSBU balloting step but given the Page 25 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 10 | Page time constraints associated with maintaining the substantial grant funding for the North Hutchinson Island septic to sewer project and the opportunity for property owners to provide input to the Board the MSBU option is this opportunity for completing the septic to sewer program. If approved and established by the Board, County Utilities would move forward with the MSBU after input from the property owners at the public hearing, and completion of the project. County Utilities also intends to offer some additional funding programs that will be available to the residents to assist with the abandonment of their septic tank and installation of the line on their property to connect to the sewer system, if authorized to be implemented. Information sheets outlining the estimated cost as well as the proposed programs for residents to connect and abandon their septic tank will be provided once the project is approved by the Board to move forward. Staff is seeking guidance from the Board on which direction regarding balloting or moving into a public hearing. The Board discussed water quality, National Estuary Program, grant funding, and a meeting schedule to allow the residents feedback. Staff recommended a special night meeting separate from the regular agenda. A consensus was made to schedule the special meeting for a Tuesday night in April. A motion was made to move forward with the project without having to ballot and approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 21, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 7, 2023, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 14, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 21, 2023, at 9 am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. Page 26 of 433 BOCC Regular Meeting Tuesday, February 7, 2023 6:00 PM 11 | Page 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 6:41 PM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. Page 27 of 433 6.A. PROCLAMATIONS APPROVAL RES-2023-22 AGENDA REQUEST DATE: 2/21/2023 *RESOLUTION ITEM - PROCLAMATION TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution No. 23-022 - a resolution proclaiming February 19 - 25, 2023 as "Engineers Week" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board recognize February 19 - 25, 2023 as "Engineers Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 15, 2023 George Landry, Director of Public Utilities Page 28 of 433 RESOLUTION NO. 23-022 A RESOLUTION PROCLAIMING FEBRUARY 19 - 25, 2023 AS “ENGINEERS WEEK” IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Engineers design, construct, and maintain the infrastructure and facilities that contribute to a high quality of life for all residents of the St Lucie County. 2. St Lucie County growth depends on engineers executing innovative, creative, and high-quality solutions to technical problems. 3. The purpose of the Florida Engineering Society is to advance the public welfare, promote the professional, social, and economic interests of the engineering professions, and stimulate and develop professional concepts amoung all engineers through education and excellence in practice. 4. Members of the Florida Engineering Society and the American Council of Engineer Companies of Florida are making strides to interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life. 5. It is important that we recognize and honor the continuing contributions of America’s engineers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 19 - 25, 2023 as "ENGINEERS WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21st day of February 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA ______________________________ BY: ____________________________ DEPUTY CLERK CHAIR APPROVED AS TO FORM & CORRECTNESS: ________________________________ COUNTY ATTORNEY Page 29 of 433 02/03/23 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #18- 28-JAN-2023 TO 03-FEB-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 262,475.40 808,890.83 001457 FCTD Planning Grant 0.00 288.48 001495 FDEM EMPA FY2022-2023 0.00 2,122.11 001497 FDOT SUN Trail Network Prog 0.00 372.27 001498 FCTD Planning Grant SFY23 0.00 686.92 001499 FDMS Next Gen 911 Grant Prog 314,750.08 0.00 001599 US HUD Small Cities CDBG 0.00 2,122.21 001630 US Treasury American Rescue Plan 97,809.08 2,810.40 001632 US Treasury Emer. Rental Assist 2 9,226.08 782.10 001645 FTA Metro Planning Grant Sec. 5305 0.00 3,168.52 001647 US Health & Human Svc. CSBG FY22 6,485.00 5,472.63 001651 FHA thru FDOT SEC 112 MPO/FHWA 16,432.68 7,064.95 001652 FHA Surface Trans Block Grant 0.00 3,395.66 001834 TCERDA 4,680.04 2,708.00 001835 Artificial Reef Program 0.00 2,368.80 101 Transportation Trust Fund 116,012.84 155,916.89 101001 Transportation Trust Interlocals 0.00 1,582.74 102 Unincorporated Services Fund 14,102.04 84,312.44 102001 Stormwater MSTU 155,523.99 30,708.86 105209 State Aid to Libraries Grant FY2022 2,944.91 0.00 107 Fine & Forfeiture Fund 888,919.69 223,399.94 107001 Fine & Forfeiture Fund-Wireless Sur 1,960.12 17,754.22 107002 Fine & Forfeiture Fund-E911 Surchar 0.00 2,163.32 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,613.44 0.00 107006 F&F Fund-Court Related Technology 20,785.24 15,446.92 107009 F&F One-Time Funding 0.00 2,118.40 129 Parks MSTU Fund 1,743.66 0.00 130 SLC Public Transit MSTU 9,761.41 2,742.28 130123 FTA 5307 2015 Transit System 4,910.00 0.00 130133 FFY18 5307 Operating and Capital As 0.00 3,311.88 130136 FFY19 5307 Operating & Capital Assi 788.20 3,311.88 130137 FTA 5311 SFY2020 CARES Act 0.00 598.32 130142 FTA FFY 5307 & 5339 Super Grant 0.00 3,311.88 140 Airport Fund 3,134.08 21,951.34 140001 Port Fund 794.88 6,478.80 140145 FAA Airport Rescue Plan Grant 389.28 0.00 140407 FDOT Airfield Lighting Signage 609,417.51 0.00 140801 SFWMD/FIND Taylor Creek Restore 229,945.98 0.00 150 Impact Fee Collections 2,284.47 5,342.40 160 Plan Maintenance RAD Fund 1,390.83 4,755.20 181 SLC Housing Finance Authority Fund 26.54 0.00 183 Ct Administrator-19th Judicial Cir 2,932.05 8,166.41 185021 FHFC SHIP FY2021-2022 0.00 1,516.04 189118 HUD SLC HOME Consortium FY2021 0.00 1,926.71 190 Sports Complex Fund 22,443.40 32,733.36 310001 Impact Fees-Library 870.03 0.00 310007 Impact Fees-Library "B" 435.15 0.00 310008 Impact Fees-Parks "B" 2,200.00 0.00 107 Page 30 of 433 02/03/23 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #18- 28-JAN-2023 TO 03-FEB-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 310017 Impact Fees-Transportation"Central" 4,057.50 0.00 310018 Impact Fees-Transportation "South" 10,417.81 0.00 316 County Capital 11,115.35 0.00 316001 5th Cent Fuel-Capital 4,172.50 0.00 319 Infrastructure Surtax Capital 10,330.77 0.00 401 Sanitary Landfill Fund 2,634,088.05 143,643.37 418 Golf Course Fund 10,457.05 11,617.01 471 Water & Sewer District Operations 7,044.38 72,479.56 478 Water & Sewer District R&R 4,012.27 0.00 479 Water & Sewer Dist.-Cap Facilities 59,304.07 6,127.20 491 Building Code Fund 1,934.25 93,030.44 505 Health Insurance Fund 1,137,064.14 7,577.95 505001 Risk Management Fund 0.00 6,692.92 611 Tourist Development Trust-Adv Fund 5,519.93 8,709.60 625 Law Library 12,087.89 0.00 630 Medical Examiner Agency Fund 7,300.55 52,944.01 801 Bank Fund 19,813.14 0.00 GRAND TOTAL: 6,746,907.75 1,874,626.17 108 Page 31 of 433 02/10/23 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #19- 04-FEB-2023 TO 10-FEB-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 802,211.43 0.00 001009 Gen-One Time Funding 187,143.32 0.00 001481 FDOT FLEX ROUTE SFY2019 3,158.31 0.00 001492 FDEP Cypress Creek Rehydration 2,855.00 0.00 001496 FCTD SFY23 Trip & Equipment 63,835.97 0.00 001498 FCTD Planning Grant SFY23 120.25 0.00 001627 FTA/FDOT 5311 FY21 15,085.30 0.00 001630 US Treasury American Rescue Plan 17,858.50 0.00 001632 US Treasury Emer. Rental Assist 2 72,490.66 0.00 001651 FHA thru FDOT SEC 112 MPO/FHWA 2,418.88 0.00 001834 TCERDA 9,039.64 0.00 001837 SFWMD Indian River Lagoon Exhibit 1,000.01 0.00 101 Transportation Trust Fund 46,321.27 0.00 101001 Transportation Trust Interlocals 74.80 0.00 102 Unincorporated Services Fund 4,810.93 0.00 102001 Stormwater MSTU 2,297.89 0.00 107 Fine & Forfeiture Fund 183,637.19 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 9,294.90 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 3,500.00 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,582.00 0.00 107006 F&F Fund-Court Related Technology 154,335.71 0.00 107510 USDOJ 2020 Edward Byrne JAG Grant 27,367.88 0.00 111 River Park I Fund 3,938.44 0.00 112 River Park II Fund 944.48 0.00 115 Sheraton Plaza Fund 770.47 0.00 120 The Grove Fund 297.73 0.00 122 Indian River Estates Fund 1,224.31 0.00 126 Southern Oak Estates Lighting 195.53 0.00 129 Parks MSTU Fund 66,000.00 0.00 130 SLC Public Transit MSTU 431,594.54 0.00 130133 FFY18 5307 Operating and Capital As 414.88 0.00 130136 FFY19 5307 Operating & Capital Assi 414.88 0.00 130137 FTA 5311 SFY2020 CARES Act 82.96 0.00 130141 FTA American Rescue Plan Act FFY-21 149,416.78 0.00 130142 FTA FFY 5307 & 5339 Super Grant 1,400.13 0.00 130241 FDOT FY20 Lakewood Park Corridor-Tr 24,205.21 0.00 130244 FDOT SFY22 Block Grant 80,249.12 0.00 139 Palm Grove Fund 1,330.56 0.00 140 Airport Fund 10,070.28 0.00 140001 Port Fund 1,028.23 0.00 140145 FAA Airport Rescue Plan Grant 389.28 0.00 140411 FDOT Terminal Improvement Project 25,238.13 0.00 140801 SFWMD/FIND Taylor Creek Restore 229,398.83 0.00 150 Impact Fee Collections 3,189.29 0.00 183 Ct Administrator-19th Judicial Cir 3,525.77 0.00 183006 Guardian Ad Litem Fund 378.43 0.00 183100 DOJ BJA FY19 Adult Drug Discretiona 550.00 0.00 189117 HUD SLC HOME Consortium FY2020 14.99 0.00 90 Page 32 of 433 02/10/23 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #19- 04-FEB-2023 TO 10-FEB-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 190 Sports Complex Fund 74,751.55 0.00 191 SLC Sustainability District 49,516.40 0.00 215 Sales Tax Revenue Bonds I&S Fund 2,160.30 0.00 310001 Impact Fees-Library 112.11 0.00 310002 Impact Fees-Parks 29,178.00 0.00 310007 Impact Fees-Library "B" 56.80 0.00 310008 Impact Fees-Parks "B" 9,534.87 0.00 310018 Impact Fees-Transportation "South" 133,592.91 0.00 316 County Capital 5,614.81 0.00 316001 5th Cent Fuel-Capital 21,032.59 0.00 319 Infrastructure Surtax Capital 228,870.01 0.00 319100 FHA Edwards Road Reconstruction 195,229.61 0.00 362 Sports Complex Improv Fund 3,170.00 0.00 401 Sanitary Landfill Fund 844,267.09 0.00 418 Golf Course Fund 25,407.15 0.00 471 Water & Sewer District Operations 226,726.51 0.00 478 Water & Sewer District R&R 5,220.36 0.00 479 Water & Sewer Dist.-Cap Facilities 19,531.00 0.00 491 Building Code Fund 19,275.49 0.00 505 Health Insurance Fund 267,871.40 0.00 505001 Risk Management Fund 3,054.15 0.00 611 Tourist Development Trust-Adv Fund 38,551.54 0.00 625 Law Library 17,692.06 0.00 630 Medical Examiner Agency Fund 27,871.84 0.00 801 Bank Fund 41,594.67 0.00 GRAND TOTAL: 4,937,586.31 0.00 91 Page 33 of 433 8.B.1. 2023-58613 CONSENT AGENDA - COUNTY ADMINISTRATION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - BOARD APPOINTMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Susan White, Executive Assistant to County Administration SUBMITTED BY: County Administration SUBJECT: Appointment to the Homeless Advisory Committee BACKGROUND: There is a vacancy on the Homeless Advisory Committee due to Louise Hubbard's retirement from the Treasure Coast Homeless Services Council (TCHSC). Rayme Nuckles is the current Executive Director of the TCHSC and seeks to represent that organization and hold the seat so designated in the resolution establishing the Homeless Advisory Committee. PREVIOUS ACTION: The Homeless Advisory Committee (HAC) was established by the BOCC on July 5, 2022, to include a representative from the Treasure Coast Homeless Services Council (TCHSC). Louise Hubbard was appointed as the TCHSC representative at the BOCC meeting of October 4, 2022, however Ms. Hubbard retired from the Treasure Coast Homeless Services Council on September 30, 2022. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board vote to ratify the appointment of Rayme Nuckles as the Treasure Coast Homeless Services Council representative to the Homeless Advisory Committee. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 34 of 433 Coordination/Signatures Date: February 07, 2023 Diana Wesloski, Community Services Director Date: February 09, 2023 Daniel McIntyre, County Attorney Page 35 of 433 8.C.1. 2023-58580 CONSENT AGENDA - AIR & SEA PORT AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - LEASE AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Stan Payne, Director of Air & Sea Port SUBMITTED BY: Air & Sea Port SUBJECT: Ground Sublease between Mr. Fred Morgan and Fort Pierce FBO - ATTACHMENT AMENDED BACKGROUND: Fort Pierce FBO ("Sublandlord") and Mr. Fred Morgan ("Subenant") desire to enter into a ground sublease agreement for the premises located at 3179 Jet Center Terrace, Fort Pierce, FL 34946, within Airport grounds, for personal aircraft storage, maintenance, and activities related ot the transport of goods and personnel and in conformity with the location, design and structure thereof and the Ground Master Lease. This sublease shall end on the termination date of the Ground Master lease or as specified within the terms of the lease agreement. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the ground sublease between Ft. Pierce FBO and Mr. Fred Morgan and for the Chair to sign all required documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 36 of 433 Coordination/Signatures Date: February 15, 2023 Stan Payne, Director of Air & Sea Port Date: February 15, 2023 Caroline Valentin, Assistant County Attorney III Date: February 15, 2023 George Landry, Director of Public Utilities Date: February 15, 2023 Daniel McIntyre, County Attorney Page 37 of 433 Page 38 of 433 Page 39 of 433 Page 40 of 433 Page 41 of 433 Page 42 of 433 Page 43 of 433 Page 44 of 433 Page 45 of 433 Page 46 of 433 Page 47 of 433 Page 48 of 433 Page 49 of 433 Page 50 of 433 Page 51 of 433 Page 52 of 433 Page 53 of 433 Page 54 of 433 Page 55 of 433 Page 56 of 433 Page 57 of 433 Page 58 of 433 Page 59 of 433 8.D.1. 2023-58543 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Road Impact Fee Credit Agreement - Joseph G. Miller - 7-Eleven Parcel - Parcel ID 2407-321-0001-000-8 - ATTACHMENT AMENDED BACKGROUND: As part of the development review with St. Lucie County, it was determined by the Engineering Department that Joseph G. Miller, as Trustee of the Joseph G. Miller Revocable Living Trust dated 10-2-1986, convey 52' of right-of-way on Jenkins Road via plat dedication. Staff has reviewed the proposal and supporting documents and found the proposed Road Impact Fee Credits meet the standards for determining eligibility in the County's Road Impact Fee Credit provisions of the Code of Ordinances Section 24-264. County staff has determined the right-of-way dedication is eligible for Road Impact Fee Credits. The proposed credit amount is $254,975, which is the appraised value calculated by Callaway & Price Inc., and reviewed by Boyle & Drake, Inc., the County's independent appraiser, plus reasonable cost for appraisal, and title commitment. Attached you will find the Road Impact Fee Credit Agreement for your review and approval. PREVIOUS ACTION: January 10, 2023 - Board of County Commissioners approved the Plat known as 5501 West Orange Crossing. December 30, 2022 - Planning and Development Services Director approved PDS Order 2022-059 granting Minor Site Plan approval for a project known as 7-Eleven at Jenkins Road and Orange Avenue located at 5501 Orange Avenue. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Road Impact Fee Credit Agreement with Joseph G. Miller, authorize the Chair to sign the agreement and record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Page 60 of 433 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 10, 2023 Patrick Dayan, Public Works Director Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 11, 2023 Mayte Santamaria, Planning & Development Services Director Page 61 of 433 68 68OrangeAve OrangeAve 611 611 Lott St SJenkinsRd 68 68OrangeAve OrangeAve Saint Lucie County Property Appraiser Sanborn, FDOR 1/20/2023 0 180 36090ft 0 50 10025m 1:2,257 Page 62 of 433 Page 63 of 433 Page 64 of 433 Page 65 of 433 Page 66 of 433 Page 67 of 433 Page 68 of 433 Page 69 of 433 8.G.5. 2023-58342 CONSENT AGENDA - PLANNING & DEVELOPMENT SERVICES AGENDA REQUEST DATE: 1/10/2023 *ACTION ITEM - FINAL PLAT APPROVAL QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Kori Benton, Planning Manager SUBMITTED BY: Planning & Development Services SUBJECT: 5501 West Orange Crossing - Final Plat BACKGROUND: The applicant is seeking Final Plat approval to divide the subject 20.38-acre parcel into two (2) lots; Lot 1 measuring ±17.16 acres and Lot 2 measuring ±2.55 acres, and three (3) right-of-way Tracts A (0.07 acres), B (0.52 acres), and C (0.08 acres). Lot 1 does not currently have a proposed development associated with it; however, Lot 2 has a recently approved minor site plan for a +/-4,900 SF convenience store with a free- standing fuel canopy consisting of eight (8) fueling pumps, totaling sixteen (16) fueling positions with associated paved parking, utility infrastructure, and stormwater management system located on the southeast corner of Orange Avenue and Jenkins Rd. The associated site plan will account for ±2.55 acres of the ±20.38-acre master parcel. PREVIOUS ACTION: On December 30, 2022, the Planning & Development Services Assistant Director approved PDS Order 2022- 059, authorizing a Minor Site Plan for a 7-Eleven Retail Convenience & Fueling Station and land division. FINANCIAL IMPACT: Potential Ad-Valorem Tax Revenue Increase RECOMMENDATION: Staff recommends the Board approve the Plat, authorizing the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler Page 70 of 433 NAYS: None EXCUSED: None Coordination/Signatures Date: December 28, 2022 Benjamin Balcer, Planning & Development Services Assistant Director Date: December 28, 2022 Daniel McIntyre, County Attorney Date: January 04, 2023 Mark Satterlee, Deputy County Administrator Page 71 of 433 Page 72 of 433 Page 73 of 433 Page 74 of 433 Page 75 of 433 Page 76 of 433 Page 77 of 433 Page 78 of 433 8.D.2. 2023-58544 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Road Impact Fee Credit Agreement - Joseph G. Miller - Parcel ID 2407-321-0001- 000-8 BACKGROUND: As part of the development review with St. Lucie County, it was determined by the Engineering Department that Joseph G. Miller, as Trustee of the Joseph G. Miller Revocable Living Trust dated 10-2-1986, convey 40' of right-of-way on Jenkins Road via plat dedication. Staff has reviewed the proposal and supporting documents and found the proposed Road Impact Fee Credits meet the standards for determining eligibility in the County's Road Impact Fee Credit provisions of the Code of Ordinances Section 24-264. County staff has determined the right-of-way dedication is eligible for Road Impact Fee Credits. The proposed credit amount is $28,900., which is the appraised value calculated by Callaway & Price Inc., and reviewed by Boyle & Drake, Inc., the County's independent appraiser, plus reasonable cost for appraisal. Attached you will find the Road Impact Fee Credit Agreement for your review and approval. PREVIOUS ACTION: January 10, 2023 - Board of County Commissioners approved the Plat known as 5501 West Orange Crossing. December 30, 2022 - Planning and Development Services Director approved PDS Order 2022-059 granting Minor Site Plan approval for a project known as 7-Eleven at Jenkins Road and Orange Avenue located at 5501 Orange Avenue. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Road Impact Fee Credit Agreement with Joseph G. Miller, authorize the Chair to sign the agreement and record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Page 79 of 433 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 10, 2023 Patrick Dayan, Public Works Director Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 11, 2023 Mayte Santamaria, Planning & Development Services Director Page 80 of 433 68 68OrangeAve OrangeAve 611 611 Lott St SJenkinsRd 68 68OrangeAve OrangeAve Saint Lucie County Property Appraiser Sanborn, FDOR 1/20/2023 0 180 36090ft 0 50 10025m 1:2,257 Page 81 of 433 Page 82 of 433 Page 83 of 433 Page 84 of 433 Page 85 of 433 Page 86 of 433 Page 87 of 433 Page 88 of 433 8.G.5. 2023-58342 CONSENT AGENDA - PLANNING & DEVELOPMENT SERVICES AGENDA REQUEST DATE: 1/10/2023 *ACTION ITEM - FINAL PLAT APPROVAL QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Kori Benton, Planning Manager SUBMITTED BY: Planning & Development Services SUBJECT: 5501 West Orange Crossing - Final Plat BACKGROUND: The applicant is seeking Final Plat approval to divide the subject 20.38-acre parcel into two (2) lots; Lot 1 measuring ±17.16 acres and Lot 2 measuring ±2.55 acres, and three (3) right-of-way Tracts A (0.07 acres), B (0.52 acres), and C (0.08 acres). Lot 1 does not currently have a proposed development associated with it; however, Lot 2 has a recently approved minor site plan for a +/-4,900 SF convenience store with a free- standing fuel canopy consisting of eight (8) fueling pumps, totaling sixteen (16) fueling positions with associated paved parking, utility infrastructure, and stormwater management system located on the southeast corner of Orange Avenue and Jenkins Rd. The associated site plan will account for ±2.55 acres of the ±20.38-acre master parcel. PREVIOUS ACTION: On December 30, 2022, the Planning & Development Services Assistant Director approved PDS Order 2022- 059, authorizing a Minor Site Plan for a 7-Eleven Retail Convenience & Fueling Station and land division. FINANCIAL IMPACT: Potential Ad-Valorem Tax Revenue Increase RECOMMENDATION: Staff recommends the Board approve the Plat, authorizing the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler Page 89 of 433 NAYS: None EXCUSED: None Coordination/Signatures Date: December 28, 2022 Benjamin Balcer, Planning & Development Services Assistant Director Date: December 28, 2022 Daniel McIntyre, County Attorney Date: January 04, 2023 Mark Satterlee, Deputy County Administrator Page 90 of 433 Page 91 of 433 Page 92 of 433 Page 93 of 433 Page 94 of 433 Page 95 of 433 Page 96 of 433 Page 97 of 433 8.D.3. 2023-58572 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Revocable License Agreement - 8705 Belleair Avenue - Lakewood Park - Unit No. 8 - Karen Patricia Lange - Parcel ID 1301-608-0261-000-0 Ms. Lange is requesting a Revocable License Agreement to install a 6’ wood fence along the south side of the property, within the County’s 10’ Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 19. She understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at her expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. BACKGROUND: Ms. Lange is requesting a Revocable License Agreement to install a 6’ wood fence along the south side of the property, within the County’s 10’ Drainage/Utility Easement per the Plat recorded in Plat Book 11, Page 19. She understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at her expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Page 98 of 433 Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Lange pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 30, 2023 Daniel McIntyre, County Attorney Date: January 30, 2023 Mayte Santamaria, Planning & Development Services Director Page 99 of 433 27thDrSW EmersonAve 607 607 EmersonAve LeeBlvd GaddySt NorthBlvd FortPierceBlvd LeeBlvd Do r i s Dr CoquinaAve BrooklineAve SantaClaraBlvd BelleairAve PasoRoblesBlvd Gadd ySt PennyLn DorisDr CitrusParkBlvd SantaClaraBlvd CoquinaAve PasoRoblesBlvd Saint Lucie County Property Appraiser Sanborn, FDOR 1/26/2023 0 375 750187.5 ft 0 110 22055m 1:4,514 Page 100 of 433 Page 101 of 433 Page 102 of 433 Page 103 of 433 Page 104 of 433 Page 105 of 433 Page 106 of 433 8.D.4. 2023-58605 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Revocable License Agreement - 610 Ash Street - River Park - Unit 2 - Bernie Lamare Hill-Dodd and Bobbie Hubbard Hill - Parcel ID 3419-510-0189-000-9 Mr. and Mrs. Hill are requesting a Revocable License Agreement to install a 6’ wood fence with gates along the south and east sides of the property, within the County’s 6’ Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224, Page 453. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. BACKGROUND: Mr. and Mrs. Hill are requesting a Revocable License Agreement to install a 6’ wood fence with gates along the south and east sides of the property, within the County’s 6’ Drainage/Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224, Page 453. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Page 107 of 433 Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Hill pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 11, 2023 Mayte Santamaria, Planning & Development Services Director Page 108 of 433 AshSt Oleander Ave WillowsAve AshSt AshSt PoplarAve Saint Lucie County Property Appraiser Sanborn, FDOR 1/27/2023 0 90 18045ft 0 25 5012.5 m 1:1,128 Page 109 of 433 Page 110 of 433 Page 111 of 433 Page 112 of 433 Page 113 of 433 Page 114 of 433 Page 115 of 433 8.D.5. 2023-58606 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Road Impact Fee Credit Agreement - Road Improvements - SFG SFLC 95, LLC - Rock Road BACKGROUND: On behalf of the County, SFG SFLC 95, LLC is constructing a portion of Rock Road for future expansion. Staff has reviewed the proposal and supporting documents and found the proposed Road Impact Fee Credits meet the standards for determining eligibility in the County's Road Impact Fee Credit provisions of the Code of Ordinances Section 24-264. County staff has determined that the road improvement is eligible for Road Impact Fee Credits. The proposed credit amount is $663,699.19, which is the estimated cost to improve the portion of Rock Road on behalf of the County. Attached you will find the Road Impact Fee Credit Agreement for your review and approval. PREVIOUS ACTION: November 2, 2021 - Board of County Commissioners approved Resolution No. 2021-390, granting Major Site Plan approval for a project known as South Florida Logistics Center 95. August 16, 2022 - Board of County Commissioners approved Resolution No. 2022-114 accepting the right-of- way dedication along Orange Avenue and Rock Road from SFG SFLC 95, LLC. December 13, 2022 - Board of County Commissioners approved a Road Impact Fee Credit Agreement for a right-of-way dedication along Orange Avenue and Rock Road from SFG SFLC 95, LLC. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Road Impact Fee Credit Agreement with SFG SFLC 95, LLC, authorize the Chair to sign the agreement and record the agreement in the public records of St. Lucie County, Florida. Page 116 of 433 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 14, 2023 Patrick Dayan, Public Works Director Date: February 15, 2023 Daniel McIntyre, County Attorney Date: February 15, 2023 Mayte Santamaria, Planning & Development Services Director Page 117 of 433 Saint Lucie County Property Appraiser Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), June 7, 2022 0 740 1,480370ft 0 225 450112.5 m 1:9,028 Page 118 of 433 Page 119 of 433 Page 120 of 433 Page 121 of 433 Page 122 of 433 Page 123 of 433 Page 124 of 433 Page 125 of 433 Page 126 of 433 Page 127 of 433 Page 128 of 433 Page 129 of 433 Page 130 of 433 Page 131 of 433 Page 132 of 433 Page 133 of 433 Page 134 of 433 Page 135 of 433 8.D.5. RES-2022-114 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION AGENDA REQUEST DATE: 8/16/2022 *RESOLUTION ITEM - DONATION OF RIGHT-OF-WAY QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Resolution - Right-of-Way Donation on Orange Avenue and Rock Road from SFG SFLC 95, LLC - Parcel ID 2311-411-0003-000-4 On November 2, 2021, the Board of County Commissioners approved Resolution 2021-390 granting a major site plan approval for the project known as South Florida Logistics Center 95. As a condition of approval, B-8 states, within 90 days of site plan approval, the property owner(s), the developer, their successors or assigns shall convey to St. Lucie County, in a manner and form acceptable to the St. Lucie County Attorney, additional right-of-way along Rock Road and Orange Avenue. Attached for your review and acceptance, you will find the proposed Special Warranty Deed. BACKGROUND: On November 2, 2021, the Board of County Commissioners approved Resolution 2021-390 granting a major site plan approval for the project known as South Florida Logistics Center 95. As a condition of approval, B-8 states, within 90 days of site plan approval, the property owner(s), the developer, their successors or assigns shall convey to St. Lucie County, in a manner and form acceptable to the St. Lucie County Attorney, additional right-of-way along Rock Road and Orange Avenue. Attached for your review and acceptance, you will find the proposed Special Warranty Deed. PREVIOUS ACTION: November 2, 2021 - the Board of County Commissioners approved Resolution 2021-390 granting a major site plan approval for the project known as South Florida Logistics Center 95. FINANCIAL IMPACT: N/A Page 136 of 433 RECOMMENDATION: Staff recommends the Board accept the special warranty deed from SFG SFLC 95, LLC, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Sean Mitchell, Frannie Hutchinson, Chris Dzadovsky, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures Date: June 24, 2022 Daniel McIntyre, County Attorney Date: June 24, 2022 Mark Satterlee, Deputy County Administrator Page 137 of 433 Page 138 of 433 Page 139 of 433 8.D.6. 2023-58621 CONSENT AGENDA - COUNTY ATTORNEY AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - INTERLOCAL AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Interlocal Agreement with Fort Pierce Utilities Authority ("FPUA") - Selvitz Road and NSLRWD Canal 102 BACKGROUND: The County is planning to replace the culvert in North St. Lucie River Water Control District (NSLRWD) Canal 102 (the "Project"). The Project requires relocation of FPUA force main facilities. At the request of FPUA, the County intends to bid the construction of the Project with the proposed utility relocation as an alternate bid item. If FPUA approves the alternate bid for the utility relocation, FPUA will issue a Purchase Order and the County will include the FPUA utility relocation work with the culvert replacement work and award a contract to the lowest responsible, responsive bidder. The attached Interlocal Agreement has been drafted to accomplish the cooperative arrangement set out above. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There is no cost to St. Lucie County with this agreement. FPUA will be issuing a Purchase Order directly to the County to have their utility relocated as part of our culvert replacement project. RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the agreement as reviewed and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None Page 140 of 433 SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 15, 2023 George Landry, Director of Public Utilities Page 141 of 433 Page 1 of 4 INTERLOCAL AGREEMENT BETWEEN SAINT LUCIE COUNTY AND FORT PIERCE UTILITIES AUTHORITY (Selvitz Road and NSLRWD Canal 102) THIS AGREEMENT made and entered into this day of , 2023, by and between SAINT LUCIE COUNTY, a political subdivision of the State of Florida ("COUNTY"), and the FORT PIERCE UTILITIES AUTHORITY, a utility authority created and made a part of the government of the City of Fort Pierce, Florida under the Charter of the City of Fort Pierce, (“FPUA”). WHEREAS, the County is planning to replace the Canal 102 Culvert hereinafter referred to as “PROJECT”; and, WHEREAS, the PROJECT requires relocation of FPUA force main facilities (“utility relocation”); and WHEREAS, the County is willing to advance the funds to construct the utility relocations required by the PROJECT, subject to reimbursement by FPUA, according to the terms in this Agreement. NOW, THEREFORE, FPUA and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1.GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto concerning the PROJECT. 2.PROJECT DESCRIPTION. The County desires to construct the PROJECT, which currently supports both a gas main, force main and water main owned and operated by FPUA. The construction will require the relocation of the force main. 3.COUNTY RESPONSIBILITIES. The County’s responsibilities under this Agreement are as follows: A.The County shall be responsible for all costs associated with the design and construction of the culvert replacement. The County intends to bid the construction of PROJECT including the total cost of the utility relocation as an alternate bid item. Page 142 of 433 Page 2 of 4 B.The County intends to award the bid to a single contractor who is the lowest responsible bidder as determined by The County. C.The County will include the utility relocation as a separate bid alternate to identify the relocation cost. D.The County agrees that the award of the contract for the bid alternate is subject to the approval of FPUA. 4.FPUA RESPONSIBILITIES.FPUA’s responsibilities under this Agreement are as follows: A.The FPUA and/or its consultant shall design the utility relocations as agreed upon by the parties. B.The FPUA shall provide written notification to The County ten (10) business days after written notification is received by FPUA, from The County of notification regarding the decision to accept the bid alternate. C.Upon FPUA’s acceptance of the bid alternate, FPUA shall issue a Purchase Order, within twenty (20) business days in the amount to cover the alternate bid construction plus a ten percent contingency, to the County for the construction of the utility relocation. D.If the bid alternate is not acceptable to FPUA, FPUA will be responsible to perform the utility relocation in accordance with the time frame of the PROJECT. E.FPUA will not be made responsible or provide services not directly related to the utility relocation. 5.MUTUAL AGREEMENT. The County and FPUA agree as follows: A.That the County shall be the contracting agency. B.That FPUA will be responsible for administration tasks related to the utility relocation, including but not limited to shop drawing review, inspection of materials, inspection of installation, testing, record drawings, and final acceptance and approvals. C.This Agreement shall not become effective until and unless approved by appropriate official action of the governing body of each party. Page 143 of 433 Page 3 of 4 6.TERMINATION.Either party may terminate this Agreement upon sixty (60) days prior written notice to the other party provided, however, that the County’s right to reimbursement for monies advanced on behalf of FPUA shall survive any termination. 7.NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie Interim County Administrator St. Lucie County Attorney 2300 Virginia Avenue, Annex 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 If to FPUA: Director of Water and Wastewater Systems Fort Pierce Utilities Authority 715 S 25th Street Fort Pierce, Florida 34947 8.INDEMNIFICATION. Each Party is responsible for all personal injury and property damage to the extent attributable to the negligent acts or omissions of that Party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any Party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9.ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. THE NEXT PAGE IS THE SIGNATURE PAGE Page 144 of 433 Page 4 of 4 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ________________________ BY: ________________________________ DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: ________________________________ COUNTY ATTORNEY DIRECTOR OF WATER AND WASTEWATER SYSTEMS FORT PIERCE UTILITIES AUTHORITY BY: ________________________________ BOWDOIN G. HUTCHINSON APPROVED AS TO FORM AND CORRECTNESS: BY: ________________________________ FPUA ATTORNEY Page 145 of 433 8.D.7. RES-2023-19 CONSENT AGENDA - COUNTY ATTORNEY AGENDA REQUEST DATE: 2/21/2023 *RESOLUTION ITEM - BOND AUTHORIZATION QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution No. 23-019 - Providing Consent to the Florida Development Finance Corporation to the Issuance of Solid Waste Disposal Revenue Bonds on Behalf of Waste Pro USA, Inc. BACKGROUND: The Florida Development Finance Corporation (the “FDFC”) was created by the Florida Development Finance Corporation Act, Chapter 288, Part X, Florida Statutes (the “Act”) which provides, in part, that the Issuer may issue bonds to finance and refinance projects for the benefit of Florida businesses to enhance the economic development of the State of Florida (the “State”), provided that the FDFC has entered into an interlocal agreement with the local governmental agency in which the project will be located. The FDFC and the Board of County Commissioners of St. Lucie County, Florida (the “Board”) have previously entered into an Interlocal Agreement, dated November 27, 2007, which permits the FDFC to issue bonds to finance and refinance projects located within the jurisdictional limits of St. Lucie County, Florida (the “County”) subject to the Board’s reserved right to consent to each such project. Waste Pro USA, Inc., on behalf of itself and one or more of its affiliates has requested the issuance of the Issuer’s Solid Waste Disposal Revenue Bonds (Waste Pro USA, Inc. Project), Series 2023 (the “Bonds”) to provide financing for the acquisition, construction and equipping of solid waste disposal facilities located throughout the State of Florida and used in connection with the disposal, conversion, or reclamation of solid waste (collectively, the “Project”). The Project will be financed as part of an ongoing plan of financing for eligible capital projects to be used as solid waste facilities including, but not limited to, Waste Pro's facilities located in the County, at 4100 Prosperity Drive, Fort Pierce, Florida 34981 and 4100 Selvitz Road, Fort Pierce, Florida 34981 (the “St. Lucie County Facilities”). Waste Pro anticipates that a portion of the Bond proceeds in an amount not to exceed $6,000,000 will be utilized to finance or refinance improvements to the St. Lucie County Facilities which improvements include, but are not limited to, the purchase of new collection vehicles and/or repairs to existing collection vehicles, solid waste collection containers and compactors, and other related machinery, equipment, and property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste. FDFC and Waste Pro USA have requested that the Board consent to the issuance of the Bonds. Attached is Page 146 of 433 proposed Resolution No. 23-019, which, if adopted, would provide the Board's consent to the issuance of the Bonds in an aggregate principal amount not to exceed $6,000,000.00. The proposed bond issuance is a "conduit" bond with no liability on the part of the County. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 03, 2023 Daniel McIntyre, County Attorney Date: February 05, 2023 Mayte Santamaria, Planning & Development Services Director Date: February 06, 2023 Jennifer Hill, Office of Management & Budget Director Date: February 06, 2023 George Landry, Director of Public Utilities Page 147 of 433 RESOLUTION NO. 23-019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA PROVIDING CONSENT TO THE FLORIDA DEVELOPMENT FINANCE CORPORATION TO THE ISSUANCE OF SOLID WASTE DISPOSAL REVENUE BONDS ON BEHALF OF WASTE PRO USA, INC. IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS (THE “BOARD”) OF ST. LUCIE COUNTY, FLORIDA: WHEREAS, the Florida Development Finance Corporation (the “Issuer”) was created by the Florida Development Finance Corporation Act, Chapter 288, Part X, Florida Statutes (the “Act”) which provides, in part, that the Issuer may issue bonds to finance and refinance projects for the benefit of Florida businesses to enhance the economic development of the State of Florida (the “State”), provided that the Issuer has entered into an interlocal agreement with the local governmental agency in which the project will be located; and WHEREAS, the Issuer and the Board of County Commissioners of St. Lucie County, Florida (the “Board”) have previously entered into an Interlocal Agreement, dated November 27, 2007, a copy of which is attached hereto as Exhibit “A” (the “Interlocal Agreement”), which permits the Issuer to issue bonds to finance and refinance projects located within the jurisdictional limits of St. Lucie County, Florida (the “County”) subject to the Board’s reserved right to consent to each such project; and WHEREAS, Waste Pro USA, Inc., on behalf of itself and one or more of its affiliates (collectively, the “Borrower”) has requested the issuance of the Issuer’s Solid Waste Disposal Revenue Bonds (Waste Pro USA, Inc. Project), Series 2023 (the “Bonds”) to provide financing for the acquisition, construction and equipping of solid waste disposal facilities located throughout the State of Florida and used in connection with the disposal, conversion, or reclamation of solid waste (collectively, the “Project”); and WHEREAS, the Project will be financed as part of an ongoing plan of financing for eligible capital projects to be used as solid waste facilities including, but not limited to, the Borrower’s facilities located in the County, at 4100 Prosperity Drive, Fort Pierce, Florida 34981 and 4100 Selvitz Road, Fort Pierce, Florida 34981 (the “St. Lucie County Facilities”); and WHEREAS, the Borrower anticipates that a portion of the Bond proceeds in an amount not to exceed $6,000,000 will be utilized to finance or refinance improvements to the St. Lucie County Facilities which improvements include, but are not limited to, the purchase of new collection vehicles and/or repairs to existing collection vehicles, solid waste collection containers and compactors, and other related machinery, equipment, and property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; and Page 148 of 433 2 WHEREAS, as a result of the Borrower’s request and in light of the anticipated economic benefits associated with the Project, the issuance of the Bonds for the purposes of financing and refinancing the Project is deemed to be in the best interests of the citizens of the County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. Section 2. Consent to Issuance of the Bonds. Based upon the foregoing, and solely for the purposes and pursuant to the terms of the Interlocal Agreement, the Board hereby consents to the issuance by the Issuer of the Bonds for the purposes of financing or refinancing the Project. In addition, the Issuer may issue additional bonds in the future for the purpose of refinancing the Bonds, at such time as the Issuer may determine in its discretion, throughout the period the Bonds remain outstanding. Section 3. Limitation. The County shall have no responsibility with respect to the repayment of the Bonds. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the County but shall be payable solely from the revenues pledged therefor pursuant to financing agreements entered into by and among the Issuer and the Borrower and/or parties other than the County prior to or contemporaneously with the issuance of the Bonds. The approval given herein shall not be construed as (a) an endorsement of the creditworthiness of the Borrower or the financial viability of the Project or the St. Lucie County Facilities, (b) a recommendation to any prospective purchaser of the Bonds, (c) an evaluation of the likelihood of the repayment of the debt service on the Bonds, or (d) an approval of any necessary rezoning applications nor for any other regulatory permits nor to create any vested rights relating to the St. Lucie County Facilities or the Project and the County shall not be construed by reason of its adoption of this resolution to have made any such endorsement, finding or recommendation or to have waived any of the County's rights or estopping the County from asserting any rights or responsibilities it may have in that regard. Section 4. Indemnification. The receipt of the Indemnification Certificate attached hereto as Exhibit B and incorporated hereby by reference is a material inducement to the Board in granting the approvals set forth herein. Section 5. Repealing Clause. All restrictions or resolutions or portions thereof in conflict herewith are, to the extent of such conflict, hereby superseded and repealed. Page 149 of 433 3 Section 5. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 21ST DAY OF FEBRUARY, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ______________________________ BY:__________________________________ Deputy Clerk Chair (Seal) APPROVED AS TO LEGAL FORM AND CORRECTNESS: ____________________________________ County Attorney Page 150 of 433 EXHIBIT A Interlocal Agreement Page 151 of 433 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY This instrument was prepared by or under the FILE# 3421287 12f15/2009 at 10:48 AM OR BOOK 3153 PAGE 2259-2263 Doc Type:AGR supervision of(and after recording should be returned to): RECORDING: $44.00 Joseph B. Stanton, Esq. Broad and Cassel 390 N. Orange Ave. Suite 1400 Space reserved for Clerk of Court) Orlando, Florida 32801 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") dated this 27th day of November, 2007, is made by and between ST. LUCIE COUNTY, FLORIDA (the "County") and the FLORIDA DEVELOPMENT FINANCE CORPORATION (the"FDFC"). WHEREAS, the Legislature of the State of Florida (the "Legislature") adopted the Florida Development Finance Corporation Act of 1993 (the"Act"); and WHEREAS, the Legislature determined that it was necessary, in order to achieve the purposes of the Act, as amended, to create a special development finance authority to cooperate and act in conjunction with public agencies of Florida's state and local governments through interlocal agreements pursuant to the Florida Interlocal Cooperation Act of 1969, as amended (the"Interlocal Act"), in the promotion and advancement of projects related to economic development throughout the State of Florida(the"State"); and WHEREAS, the County and the FDFC wish to achieve the purposes set forth in Section 288.9602, Florida Statutes; and WHEREAS, pursuant to the Act the FDFC was created, with the power to function for any purposes of the Act within the corporate limits of any public agency once it has entered into an interlocal agreement with that public agency; and WHEREAS, the County desires to enter into an interlocal agreement with the FDFC to allow the FDFC to act within the corporate limits of the County. NOW,THEREFORE, the County and the FDFC agree as follows: Section 1. Authorization to Act The County and the FDFC agree that the FDFC will have the full right, power and authority to exercise all powers set forth in the Act within the County's corporate limits; provided, however, that the Board of County Commissioners of St. Lucie County reserves the right to consent to each project to be financed within the jurisdictional limits of the County, and to adopt and amend policies applicable to obtaining the consent required herein. The County hereby consents to the issuance by EXHIBIT ORL1\PFCP955838.1 39753/0002 AS rtn 11/7/2007 1:45 PM i\A " Page 152 of 433 FDFC of its Enterprise Bond Program Industrial Development Revenue Bonds (the "Bonds") pursuant to this Interlocal Agreement for the purpose of financing or refinancing the cost of acquiring, constructing, renovating, rehabilitating and improving leasehold improvements to certain airport facilities, including but not limited to such facilities leased by Volo Holdings Fort Pierce LLC from the County and located at 2982 Curtis King Boulevard, Fort Pierce, Florida. Section 2. Costs and Indebtedness The FDFC will be solely responsible for all indebtedness, liabilities, costs or expenses of the FDFC as permitted pursuant to the Act. The County will not be responsible for any indebtedness, liabilities, costs or expenses of the FDFC. Bonds, notes or other indebtedness issued by FDFC: a.will not constitute and will not be construed as a debt, liability, or obligation of the County, the State or any subdivision thereof; b. will not constitute and will not be construed as a pledge of the faith and credit or any taxing power of the County or the State or any subdivision thereof; and c.will be limited obligations of the FDFC payable solely from and secured by a pledge of payments made by the FDFC and other funds provided therefore; d. will not reference in any context, except for geographic purposes, the political subdivision of the State known as St. Lucie County on or within said bond, note or other form of indebtedness. Section 3. Notification to County The FDFC shall notify the County Administrator and the County Economic Development Council within twenty (20) days of receipt of an application for financing pursuant to the Act for projects located in the County. Section 4. FDFC Operations The FDFC will be responsible for administering its own affairs pursuant to the Act and this Agreement and will not be required to obtain any further approval, consent or authorization from the County, except as the Act or any other provision of applicable law or this Agreement may provide. Section 5. Effective Date of Agreement This Agreement is effective upon being filed with the Clerk of the Circuit Court of St. Lucie County, as required by law. 2 Page 153 of 433 Section 6. Duration of Agreement The term of this Agreement will be for a one year period and shall automatically be renewed each year for an additional one year period unless the County or the FDFC provide written notice to the other party that the party wishes to terminate this Agreement. If that notice has been provided, this Agreement will terminate on or before sixty(60) days from the receipt of the notice. Such termination shall not affect any Bonds, notes or other indebtedness issued by FDFC pursuant to this Agreement prior to the effective date of any termination of this Agreement. Section 7. Severability If any one or more of the sections of this Agreement are held to be contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision or provision of public policy or for any reason held invalid, then those sections will be null and void and will be deemed separate from any other sections of this Agreement. Section 8. Counterparts This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS WHEREOF, the County and the FDFC have caused this Agreement to be executed by their duly authorized representatives. Signatures continue next page] 3 Page 154 of 433 FLORIDA DEVELOPMENT FINANCE CORPORATION By: Its: L.kf C STATE OF FL RIDA COUNTY OF ( (to SWORN J SWORN TO AND SUBSCRIBED before me this I I day of '2Cem btr , 200 R by () )4or L,UDOG2rt v --Drf who is personally known to me ots who produced (_ID er (}G-enS L. as identification. 2 Si tune of Notary P lic K244f.v'ej 3e1/,/,7 Print Name of Notary Public) Commission Expires: Commission# GENNIVES BROWN ` No ry Pub1c-statte of Florida ly Commission Ex$U F o 23,2011 as..Commission S DO 606113 IP Signatures continue next page] Bonded Through Na 4 ORLI WFCP1955838.1 39753/0002 AS rm 11/7/2007 1:45 PM Page 155 of 433 ST. LUCIE COUNTY,FLORIDA By: ts: Chairman ATTEST: 4° l ° ApplovEn = TQ FOht min AAF TME ' Clerk of the ircuit C hat- STATE T STATE OF FLO I A COUNTY OF tC{% SWORN TO AND SUBSCRIBED before me this a1 day of NOJ¢)1hu , 20 o7 by PAuLA A r Lewis who is personally known to me or Who produced as identification. luJurl. Q • okur o P`' s ° 10, Carol A. Bishop: Commission#DD323640 Signature of Notary Public j Expires May 26, 2008 OF gonad Troy Pain Nv.nce.Me g00.3*5-7019 Print Name of Notary Public) Commission Expires: Commission# 5 ORl1\PFCP\955838.1 39753/0002 AS rm 1 117/2007 1:45 PM Page 156 of 433 EXHIBIT B Indemnification Certificate Page 157 of 433 EXHIBIT B INDEMNIFICATION CERTIFICATE The undersigned hereby certifies that he or she is authorized to execute and deliver this Indemnification Certificate and further represents, in the name of and on behalf of Waste Pro USA, Inc. (the “Indemnitor”), the following: (1) At the request of the Indemnitor, the Florida Development Finance Corporation (the “Issuer”) proposes to issue its tax-exempt revenue bonds in an aggregate principal amount not to exceed $210,000,000, in one or more series issued at one or more times (collectively, the “Bonds”), a maximum of $6,000,000 of the proceeds of which are to be used to finance or refinance all or a portion of the cost of various capital improvements (including reimbursement in full for all advances and payments made by the Indemnitor prior to the delivery of the Bonds) to the Indemnitor's solid waste facilities located at 4100 Prosperity Drive in Fort Pierce, Florida 34981 and 4100 Selvitz Road, Fort Pierce, Florida 34981, including but not limited to, the purchase of new collection vehicles and/or repairs to existing collection vehicles, solid waste collection containers and compactors, and other related machinery, equipment, and property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste (collectively, the “Project”); (2) The issuance of the Bonds to finance the Project: (a) is appropriate to the needs and circumstances of, and will make a significant contribution to the economic growth of the community in which it is located, (b) will provide or preserve gainful employment, and (c) will promote commerce and economic development within the State of Florida (the "State"); (3) St. Lucie County, Florida (the “County”) will continue to be able to cope satisfactorily with the impact of the Project and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that will be necessary for the operation, repair, and maintenance of the Project and on account of any increases in population or other circumstances resulting therefrom; (4) The Indemnitor has requested the Board of County Commissioners (the “Board”) of the County approve the issuance of the Bonds by the Issuer for purposes of complying with federal tax law and Section 163.01, Florida Statutes, as amended; and (6) The County desires indemnification from the Indemnitor as a material inducement to the Board granting the foregoing approval. NOW THEREFORE, THE UNDERSIGNED, ON BEHALF OF THE INDEMNITOR, DOES HEREBY: Agree to defend the County and its officials, employees, attorneys and agents and the members of the Board, and hold the County and its officials, employees, attorneys and agents and the members of the Board, harmless against any and all claims, losses, liabilities or damages to Page 158 of 433 property or any injury or death of any person or persons occurring in connection with the issuance of the Bonds or the acquisition, development, construction rehabilitation, ownership or operation of the Project by or on behalf of the Indemnitor, including in the case of any and all negligence of such indemnitee, or in any way growing out of or resulting from the Project or from the issuance, sale or delivery of the Bonds, including, but not limited to, liabilities or costs arising under the Internal Revenue Code of 1986, as amended, the Securities Act of 1933, the Securities Exchange Act of 1934 or any applicable securities law of the State, including, without limitation, all costs and expenses of the County, including reasonable attorneys’ fees, incurred in connection therewith. IN WITNESS WHEREOF, the Indemnitor has executed this Indemnification Certificate this ____ day of ___________, 2023. WASTE PRO USA, INC. By: _____________________________ Name: __________________________ Title: ___________________________ Page 159 of 433 8.E.1. 2023-58547 CONSENT AGENDA - FACILITIES DEPARTMENT AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Jeffrey Dougherty, Director SUBMITTED BY: Facilities Department SUBJECT: Green Collar Consortium - Memorandum of Agreement and Facilities Use Agreement BACKGROUND: The BOCC entered into a Memorandum of Agreement (MOA) in 2009 with five local Labor Unions and Workforce Solutions to create an environment that established workforce training and diversification for employment opportunities within St. Lucie County. The MOA expired in June of 2014. In accordance with the MOA, a Facilities Use Agreement (FUA) was entered into with the Green Collar Task Force Joint Apprenticehip and Training Committee, Inc. (GreenCollar) in May of 2010 and expired ten years later in May of 2020 . The FUA allowed for the use of the Logistics Center facility on US #1 for workforce training. Please note that Workforce Solutions is now the Workforce Development Board of the Treasure Coast dba CareerSource Research Coast. Staff is requesting the BOCC enter into a new MOA and FUA that will allow the continued operation of the workforce training opportunities for the next ten years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends BOCC approval of a new Memorandum of Agreement and Facilities Use Agreement for the continuation of workforce training opportunities at the Logistic Center as reviewed and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None Page 160 of 433 SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 27, 2023 Jeffrey Dougherty, Director Date: January 30, 2023 Jennifer Hill, Office of Management & Budget Director Date: February 14, 2023 Daniel McIntyre, County Attorney Date: February 15, 2023 George Landry, Director of Public Utilities Page 161 of 433 1 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this _____ day of _____________, 2023, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE, INC., a Florida not for profit corporation, hereinafter referred to as "Corporation". W I T N E S S E T H: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, on June 16, 2009, the County entered into a Memorandum of Agreement with several trade unions and Workforce Solutions to provide for the creation of a registered apprenticeship program to develop and train workers in green collar jobs in St. Lucie County, hereinafter referred to as the “Original MOA”; and, WHEREAS, the Original MOA provided for the creation of a not for profit corporation to administer the apprenticeship program; and, WHEREAS, the Original MOA further provided for the parties to enter into a Facilities Use Agreement for space in the Facility for the operation of the apprenticeship program; and, WHEREAS, the Corporation was created pursuant to the Original MOA; and, WHEREAS, on May 25, 2010, the County entered into a Facilities Use Agreement with the Corporation (the “Original FUA”) to govern the use of the facility for operation of the apprenticeship program; and, WHEREAS, the Original MOA and Original FUA expired August 30, 2014 and May 30, 2020, respectively; and, WHEREAS, the parties continued to perform the services and duties required under both agreements as if no expiration had occurred; and WHEREAS, the County, the trade unions and Workforce Solutions entered into a new Memorandum of Agreement; and, WHEREAS, the County desires to continue to provide space for the apprenticeship program pursuant to the terms and conditions as set forth herein. Page 162 of 433 2 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1.INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into this Agreement as if fully set forth herein. 2.SITE The parties acknowledge and agree that the Facility shall be located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and grounds. 3.USE OF FACILITY The Corporation shall use up to 7,500 square feet within the Facility to operate a registered apprenticeship program to develop and train workers in green collar jobs pursuant to the Amended and Restated Memorandum of Agreement, incorporated herein by reference, the second floor remote work conference room, and up to 2,500 square feet in the Facility parking lot for outdoor training programs, including but not limited to welders and truck drivers, as depicted in the floor plan attached hereto and incorporated herein as Exhibit “A”. The designated interior and exterior spaces shall be known collectively as the “Training Center.” The County shall provide access to the Training Center seven (7) days per week during the term on a mutually agreeable schedule. The County shall have the ability to suspend use of the Training Center in the event of a declared state of emergency. 4.COUNTY RESPONSIBIITIES A. Provide County grant writers to assist with applications that support the mission of the Program. B. Designate a single point of contact for the administration of this Agreement and the Program. C. Provide priority to Program participants for construction and renovation projects, including affordable housing renovation and construction projects in accordance with County policy and/or funding restrictions. 5.CORPORATION RESPONSIBILITIES A. Maintain active status with the State Division of Corporations. Page 163 of 433 3 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final B. Operate apprenticeship and pre-apprenticeship programs registered with the State of Florida with a special emphasis on green technologies. This will include the provision of all educators, trainers, materials needed for training or apprenticeship, and development of the curriculum for such training and apprenticeship. All training and apprenticeship activities conducted in the Training Center shall be part and parcel of an apprenticeship program approved and certified by the State of Florida, unless otherwise approved by the Board of County Commissioners. C. Maintain a registered apprenticeship programs that meet an agreed upon enrollment, including a minimum of two (2) spaces in continuing classes allocated to the County for its employees at no cost. The agreed upon minimum enrollment for each program for 2022 is sixteen (16), with a total Training Center enrollment of one hundred twenty-five (125) for 2022. D. Develop and implement written procedures for the operation of the Training Center, including space assignment, equipment and safety measures, hours of operation, security and supervision of program participants. The Corporation will provide a copy of these procedures to the County. In no event shall the County incur additional costs as a result of this Agreement except as approved by the Board of County Commissioners. E. Upon request, provide apprentices and appropriate supervisor(s) to assist the County in housing rehabilitation and other projects. F. Designate a single point of contact for the administration of this Agreement and the Program. G. Maintain control and supervise program participants, invitees, guests so as not to disturb or disrupt other programs and operations at the Logistics Center. H. On or before March 15, 2023, and March 15th of each subsequent year of the Agreement, provide an annual report to the County on the following specific performance measures: (1) Documentation of green technologies curricula provided at the Training Center; (2) Enrollment by program; (3) Student retention rate for each program; (4) Completion rate for each program; and (5) Training Center utilization. 6.TERM; TERMINATION The term of this Agreement shall begin on the date it is fully executed by the parties and continue for a period of ten (10) years, unless otherwise terminated as herein provided. The Page 164 of 433 4 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final term may be extended upon mutual written agreement of the parties. The Corporation may terminate this Agreement without cause upon twelve (12) months prior written notice to the County. During the initial term of this Agreement, the County may terminate this Agreement without cause upon forty-eight (48) months prior written notice. Following the initial term of this Agreement, if extended, the County may terminate this Agreement without cause upon twelve (12) months prior written notice. Upon receipt of notice from the County of its intent to terminate this Agreement, the Corporation shall begin the process of closing the Training Center and disposing of property contained in the Training Center in accordance with the Memorandum of Agreement. The Corporation shall complete such closing and disposition prior to the effective date of termination unless a longer time period is mutually agreed upon between the Corporation and the County. If at any time during the term of this Agreement the Corporation shall default in the performance of any term of this Facilities Use Agreement, including but not limited to the Corporation’s responsibilities set forth above in Paragraph 4, then the County shall send to the Corporation a written notice of default, specifying the nature of the default, and the Corporation shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If the Corporation shall fail to cure and remedy such default within the applicable time, the County shall have the right to declare, by written notice to the Corporation, that the Facilities Use Agreement is in default, and to use all remedies available to the County, including, but not limited to, termination and such other remedies, procedures and rights specified in this Facilities Use Agreement. If written notice of the default shall have been given to the Corporation, and if the Corporation, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, the County shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of the County to declare the lease term ended and enforce all of its rights and remedies under this Agreement for any other default not so cured. 7.PERSONNEL The Corporation represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Corporation shall not be employees of or have any contractual relationship with the County. 8.INDEMNIFICATION AGAINST CLAIM The Corporation is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. The Corporation shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, Page 165 of 433 5 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Corporation or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Corporation or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Corporation further agrees to undertake at its own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Corporation use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Corporation for the actual expenses incurred by the Corporation in defending the County. The County agrees to cooperate in any defense by the Corporation. In consideration of this indemnification obligation, the Corporation agrees to pay the County the amount of one and 00/100 dollars ($1.00) which amount shall be due and payable within fifteen (15) days of the date of this Agreement. 9.NO LIEN CREATED The Corporation covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Corporation or furnishing materials or labor to the Corporation, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. 10.OPERATING COSTS The Corporation agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including water, wastewater, telephone, internet, electric and solid waste, incurred in the use and operation of the Training Center. The County shall invoice the Corporation on a monthly basis for its fair share of the cost of electric, water, wastewater and garbage services based upon a percentage of the Facility’s costs for these services. The Corporation shall remit payment to the County within thirty (30) days of the receipt of the invoice. The Corporation shall be responsible for obtaining telephone and internet services for the Training Center at its own cost. 11.INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject Page 166 of 433 6 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final to the Corporation's sole direction, supervision and control. The Corporation shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Corporation relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Corporation shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 12.INSURANCE The parties agree to the following provisions pertaining to insurance: A. Liability Insurance. The Corporation shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the County, protecting and insuring the County against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning the Corporation's operation of the Facility. The described policies of insurance and all renewals of those policies shall be delivered to and held by the County. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by the Corporation to the County at the time of execution of this Agreement. B. Fire and Extended Coverage The Corporation shall, at all times during the term of this Agreement and at the Corporation's sole expense, keep the premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the Facility and its contents. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate the County as an additional named insured. A certificate of such insurance shall be provided by the Corporation to the County at the time of execution of this Agreement, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to the County. C. Damage or Destruction to Facility. Except as otherwise provided in this Agreement, if the Facility or any part of the Facility, shall be damaged or destroyed, the Corporation shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds Page 167 of 433 7 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to the Corporation. It shall be the Corporation’s responsibility to repair or reconstruct the Facility as appropriate. The Corporation shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this Agreement pertaining to repair, alteration, construction or reconstruction by the Corporation shall be binding upon the Corporation in repairing or reconstructing the Facility. If such a substantial portion of the Facility is destroyed so that the Corporation determines that it cannot reasonably continue to utilize the Facility until the same is repaired or replaced, then the Corporation may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the County. D. Workers’ Comprehensive Insurance. The Corporation shall maintain in effect Workers' Comprehensive Insurance as required by Florida Statutes, covering all employees of the Corporation including employer's liability insurance, with limits of not less than $100,000.00 per accident. E. Certificate of Insurance. The Corporation shall furnish County at the time of execution of this Agreement, the Corporation's Certificate of Insurance evidencing existence of the coverage required above with an insurer approved by the Insurance Commissioner for the State of Florida. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other parties of the claim as soon as possible but not later than thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. F. The County shall maintain an insurance policy, which may be the County’s self insured policy, covering property damage to the Training Center and all County owned fixtures contained in the Training Center. Such insurance shall not cover workers compensation or general liability for users of the Training Center who are present for the purpose of education and/or training. 13.REPAIRS AND MAINTENANCE The County agrees at its expense to maintain and make all routine repairs to all major Facility systems, including structural, air conditioning, electrical, plumbing, and sewer systems. The Corporation agrees at its expense to make all routine repairs to the Training Center and any major building system, as listed above, required as a result of the Corporation’s use of the Facility. The Corporation at its expense agrees to deliver to the County upon the termination of this Agreement, the Training Center in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. The Corporation shall keep the Training Center at Page 168 of 433 8 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final all times in a clean and orderly condition and appearance and all of the Corporation's fixtures, equipment and personal property which are located on any part of the Facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Corporation fails in any material respect to so clean the Training Center within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Training Center included in such notice, and cost shall be payable by the Corporation immediately upon demand of the County. 14.ADDITIONAL COVENANTS OF CORPORATION A. The Corporation shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement. B. The Corporation shall pay all applicable taxes, assessments on its operation as well as on goods, merchandise, fixtures, appliances, equipment and property owned by it and located in or about the Facility. C. Prior to any construction upon the premises by the Corporation, including any alterations, changes or additions, the Corporation shall submit to the County complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by the County Administrator or her designee which approval will not be unreasonably withheld and any other applicable government or agency. D. The Corporation shall undertake efforts to market the Training Center programs. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 15.NON-DISCRIMINATION The Corporation for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 16.CONFLICT OF INTEREST The Corporation hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Corporation further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of Page 169 of 433 9 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 17.ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 18.ENVIRONMENTAL COMPLIANCE; ENVIRONMENTAL CONTAINMENT AND REMOVAL The Corporation acknowledges and agrees that the County makes no presentations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, or other contaminates or regulated materials (collectively, “Materials”) exist on or in the Facility, including the parking lot, in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state or local court or entity with jurisdiction of such matter. It shall be the responsibility of the Corporation to make sufficient inspection of the Training Center and to satisfy itself as to the presence or absence of any such Materials. The Corporation shall provide the County, if requested at any time, with a list of all hazardous, bio-hazardous, or other Materials stored, used, generated or disposed of in the Facility. The Corporation agrees to comply with all existing and future federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Facility, issued to the County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: A. Proper use, storage, treatment and disposal of Materials, including contracting with a licensed hazardous waste transporter and/or treatment and disposal facility to assure proper transport and disposal of hazardous waste and other regulated Materials; B. Proper use, disposal and treatment of storm water runoff, including the construction and installation of adequate pre- treatment devices or mechanisms on the Premises, if applicable; Page 170 of 433 10 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final C. Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all County, local, state and federal standards, including the installation and operation of adequate monitoring devices and leak detection systems; and D. Adequate facilities for management and, as necessary, pretreatment of industrial waste, industrial wastewater, and regulated Materials and the proper disposal thereof. The release of any Materials on the Facility, or as a result of the Corporation’s operations, that is in an amount that is in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state, or local court or governmental authority, by the Corporation, or any of its officers, employees, contractors, subcontractors, invitees, or agents of the whether committed prior to or subsequent to the date of execution of this Agreement, shall be, at the Corporation’s expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If the Corporation does not take action immediately to have such Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to the Corporation (which notice shall be written unless an emergency condition exists) undertake the removal of the Materials; however, any such action by the County or any of its agencies shall not relieve the Corporation of its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either the Corporation or the County to contain or remove Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an admission of liability as to the source of or the person who caused the pollution or its release. As used in this Agreement, the Corporation’s operations, actions and words of similar import, shall include all actions and inaction by the Corporation, or by any of its officers, employees, contractors, subcontractors, invitees, or agents. As required by law, the Corporation shall provide the federal, state, County and local regulatory agencies with notice of spills, releases, leaks or discharges (collectively, Release of Materials on the Facility which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations, which notice shall be in accordance with applicable environmental laws, rules and regulations. The Corporation shall further provide the County with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected in the Facility. The Corporation shall have an updated contingency plan in effect relating to such releases which provide minimum standards and procedures for storage of regulated Materials and other Materials, prevention and containment of spills and releases, and transfer and disposal of regulated Materials and other Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of releases or other accidents involving hazardous Materials, bio-hazardous Materials or Page 171 of 433 11 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final petroleum products or other Materials. The Corporation agrees to permit entry at all reasonable times, of inspectors of the County and of other regulatory authorities with jurisdiction. The County, upon reasonable written notice to the Corporation, shall have the right to inspect all documents relating to the environmental condition of the Training Center, including without limitation, the release of any Materials in the Training Center, or any curative, remediation, or monitoring efforts, and any documents required to be maintained under applicable environmental laws, rules and regulations pertaining to the Facility including, but not limited to, manifests evidencing proper transportation and disposal of Materials, environmental site assessments, and sampling and test results. The Corporation agrees to allow inspection of the Facility by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Facility, pursuant to Chapter 380, Florida Statutes. If the County arranges for the removal of any Materials from the Facility that were caused by the Corporation, or any of its officers, employees, contractors, subcontractors, invitees, or agents of the Corporation, all costs of such removal incurred by the Corporation and shall be paid by the Corporation to the County within ten (10) calendar days of the County’s written demand, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. The Corporation shall not be liable for the release of any Materials caused by anyone other than the Corporation, or any of its officers, employees, contractors, subcontractors, invitees, or agents of the Corporation. Nothing herein shall relieve the Corporation of its general duty to cooperate with the County in ascertaining the source and, containing, removing and abating any Materials. The County shall cooperate with the Corporation with respect to the Corporation’s obligations pursuant to these provisions, including making public records available to the Corporation in accordance with Florida law; provided, however, nothing herein shall be deemed to relieve the Corporation of its obligations hereunder or to create any affirmative duty of the County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, federal laws and regulations, state and local laws and regulations, development orders and grant agreements. The County and its employees, contractors, and agents, upon reasonable written notice to the Corporation, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Facility for the purposes of the foregoing activities and conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. The Corporation hereby agrees that at anytime during the last year of the term of this Agreement, and at anytime during the year following any termination of this Agreement, the County shall have the right to conduct an Assessment and Facility Exit Inspection of the Facility, at the County’s expense. If documentation warrants, the County shall have the right to conduct a Page 172 of 433 12 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final further assessment of the Facility at the County’s expense which may include, but shall not be limited to, soil and water samples. If any assessment or inspection indicates that further actions should be conducted, then the County shall have the right to have such further actions conducted at the Corporation’s expense. Nothing herein shall be construed to limit the County’s right of entry onto the Facility pursuant to other provisions of this Paragraph or of this Agreement, or pursuant to its regulatory powers. In the event such assessments and inspections find the Corporation in substantial and material violation of this section, the Corporation shall reimburse to the County the cost of such assessments and inspections as are chargeable to the Corporation pursuant hereto, within ten (10) calendar days following written demand therefore, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. In the event the County shall arrange for the removal of Materials from the Facility that are not the responsibility of the Corporation to correct, the County shall use reasonable efforts to not disrupt the Corporation’s business, however, in no event shall the Corporation be entitled to any amount on account of damages as a result of the County’s clean-up activities. The provisions of this Section shall survive the expiration or other termination of this Agreement. 19.ENTIRE AGREEMENT This Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 20.AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 21.FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 22.BINDING EFFECT Page 173 of 433 13 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 23.NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to County: As to Corporation: St. Lucie County Administrator Green Collar Task Force Joint 2300 Virginia Avenue Apprenticeship and Training Committee, Inc. Administration Annex 1003 Belvedere Road Fort Pierce, Florida 34982 West Palm Beach, Florida 33405 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 24.HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 25.PRONOUNS Page 174 of 433 14 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 26.SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 27.WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 28.GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have hereunto subscribed their names and seals on the dates below indicated. {Intentionally Left Blank} Page 175 of 433 15 S:\ATTY\AGREEMENT\FAC-USE\ GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE INC - 22 V2- FUA Final Attest: Board of County Commissioners St. Lucie County, Florida BY: _________________________ BY: ______________________________ Deputy Clerk Chair DATE: _____________________ Approved as to Form and Correctness: BY: _______________________________ County Attorney Attest: Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. _____________________________BY: ______________________________ President DATE: ___________________________ (Seal) Page 176 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 1 of 7 ST. LUCIE COUNTY GREEN COLLAR CONSORTIUM MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made and entered into this _____ day of _______________, 2023, by and between the St. Lucie County, a political subdivision of State of Florida, (the "County"), and Insulators Local Union No. 60, Florida Carpenters Regional Council, Iron Workers Local Union No. 402, Painters & Allied Trades District Council No. 78, and W.P.B. Sheet Metal JATC, (collectively the “Unions”), and Workforce Development Board of the Treasure Coast dba CareerSource Research Coast fka Workforce Solutions (“CareerSource”). WHEREAS, diversification, expansion, and training of the County’s workforce is essential to the economic and fiscal stability of St. Lucie County, the companies associated with CareerSource, and the members of the building trades Unions whose members work and live in St. Lucie County (together the “Parties”); and, WHEREAS, residents of St. Lucie County and the County government benefit from the training and apprenticeship of the local workforce by ensuring that the participants are trained for employment in the local economy and able to spend in the local economy; and, WHEREAS, on June 16, 2009, the Parties entered into a Memorandum of Agreement and it’s subsequent amendments, together the “Original MOA”; and, WHEREAS, pursuant to the Original MOA, the Parties established the Green Collar Consortium; and, WHEREAS, pursuant to the Original MOA, the Unions formed a non-profit corporation to operate the training and apprenticeship programs (the “Corporation); and, WHEREAS, pursuant to the Original MOA, the County provides space at the St. Lucie County Logistics Center for such training and apprenticeship programs to be operated by the Corporation; and, WHEREAS, the Original MOA expired August 30, 2014, and remained expired until the effective date of this Agreement; and WHEREAS, the Parties continued to perform the services and duties required under the Original MOA as if no expiration had occurred; and, WHEREAS, the Parties desire to continue the program pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Page 177 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 2 of 7 1. Incorporation of Recitals The foregoing recitals are true and correct and are incorporated into this Agreement as if fully set forth herein 2. Purpose The purpose of this Memorandum of Agreement is to establish the overall responsibilities for the registered apprenticeship training programs at the St. Lucie County Logistics Center (the “Facility”). The Facility shall provide job training and State of Florida Department of Education opportunities for registered apprenticeship programs to the workforce of the Treasure Coast with first priority being given to the residents of St. Lucie County with special emphasis on training and apprenticeship in green technologies and “green collar” trades and work to be performed in the County. Green technologies include, but are not limited to, approaches to design, construction, and renovation that incorporate materials and skills used to enhance energy efficiency and sustainable building and development. 3. Green Collar Consortium A. The Consortium is composed of one representative of the County, one representative from CareerSource, and one representative from each Union signatory to this Memorandum of Agreement. The membership of the Consortium may be modified by agreement of a majority of the members. Each member of the Consortium shall be required to execute this Memorandum of Agreement. B. The Consortium is be charged with the mission of fulfilling the purpose of this Agreement. C. The Consortium shall meet as necessary to complete its mission create, expand, and coordinate its Green Collar training programs and offerings. No business shall be conducted by the Consortium unless a quorum is present. Attendance by fifty percent (50%) plus one of the members shall constitute a quorum. Decisions of the Consortium shall be made by a majority vote of those members present at any meeting of the Consortium. D. A participating member of Consortium may withdraw from participation upon provision of thirty (30) days written notice of intent to withdraw. Until the expiration of such thirty (30) day notice period, the withdrawing member of the Consortium shall still be considered signatory to this Memorandum of Agreement. E. At no time shall the Consortium hold any cash or other liquid assets. 4. Term; Termination The initial term of this Agreement shall be for a period of ten (10) years from the date the Agreement is fully executed by all parties, subject to renewal upon the mutual written agreement Page 178 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 3 of 7 of the parties. This Agreement may be terminated by the County or the Unions, or Corporation if formed, without cause upon one hundred eighty (180) days prior written notice to the other parties. Workforce Solutions may withdraw from the Agreement upon thirty (30) days prior written notice to the other parties. If the Unions or Corporation shall default in the performance of any other term of this Agreement, then the County shall send to the Unions and Corporation, if formed, a written notice of default, specifying the nature of the default, and the Unions shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If the Unions or Corporation shall fail to cure and remedy such default within the applicable time, the County shall have the right to declare, by written notice to the Unions or Corporation, that the Agreement is in default, and to use all remedies available to the County, including, but not limited to, remedies, procedures and rights specified in this Agreement. If written notice of the default shall have been given to the Unions or Corporation, and if the noticed entity, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, the County shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of the County to declare the lease term ended and enforce all of its rights and remedies under this Agreement for any other default not so cured. 5. Consortium Member Responsibilities A. St. Lucie County (1) It shall be the responsibility of the County to provide up to ten thousand (10,000) square feet of indoor and two thousand five hundred (2,500) square feet of outdoor space (the “Training Area”) at the Logistics Center maintained by the County. This space shall be used to carry out the functions and operations of the Consortium. The Training Area shall remain in existence until such time as the County provides notice of its intent to close the Training Area. Such notice shall take effect no sooner than forty-eight (48) months after receipt by the Consortium, except as otherwise herein provided. Upon receipt of notice from the County of its intent to close the Training Area, the Consortium and Corporation shall begin the process of closing the Training Area and disposing of property contained in the Training Area in accordance with this Memorandum of Agreement. The Consortium will complete such closing and disposition by the end of the forty-eight (48) months’ notice period unless a longer time period is mutually agreed upon between the Consortium and the County. (2) The County shall maintain an insurance policy, which may be the County’s self insured policy, covering property damage to the Training Area and all fixtures contained in the Training Area. Such insurance shall not cover workers compensation or general liability for users of the Training Area who are present for the purpose of education and/or training. (3) The County shall be charged with administration of the housing rehabilitation programs which will have the goal of utilizing workers trained at the Facility. Page 179 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 4 of 7 B. Unions/Non-Profit Corporation (1) The Corporation shall provide the County with a copy of its Articles of Incorporation and By-Laws upon request. The Corporation shall assume responsibility for any joint obligations of the Unions pursuant to this Memorandum of Agreement. (2) Each Union providing training or apprenticeship in the Training Area shall provide workers compensation and general liability insurance to cover all educators, trainers, students, and apprentices participating in the training or apprenticeship program or course. Such policies must cover any and all injuries or damages arising from any apprenticeship or training activity conducted by the Union. The County shall be named as an additional insured under such policies. (3) The Training Area shall be supplied with all equipment or machinery necessary to conduct training or apprenticeship activities. Such equipment shall be provided by the individual Unions. Any equipment or machinery provided by any of the Unions, or the Corporation shall remain the property of the entity placing such equipment for use in the Training Area. Any damage to such equipment shall not be the responsibility of the Consortium or the County but the sole responsibility of the entity placing the equipment in the Training Area. Any maintenance of such equipment shall be the responsibility of the entity placing such equipment in the Training Area unless the Corporation and the entity agree otherwise in writing. (4) Equipment or machinery donated to the Corporation shall become the property of the Corporation and shall be maintained by the members of the Corporation. Responsibility for the repair and maintenance of donated equipment shall be borne by the Corporation with decisions regarding disposal, maintenance, or repair of such equipment being made by members of the Corporation. The Corporation or a member of the Consortium placing property in the Training Area may remove such property from the Training Area after providing thirty (30) days notice of intent to remove the property. (5) Any entity conducting apprenticeship or training activities in the Training Area shall be responsible for educating and training participants in the use of green technologies and preparing participants for “green collar” jobs in the local economy. 6. Facilities Use Agreement The County and the Corporation shall, simultaneously with the execution of this MOA, enter into a Facilities Use Agreement for the use and operation of the Training Area at the Logistics Center. 7.Notices All notices, requests, consents and other communications required or permitted under this Memorandum of Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: Page 180 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 5 of 7 As to County: With a copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, FL 34982 Fort Pierce, FL 34982 As to Workforce Solutions: CareerSource 584 NW University Blvd., Suite 100 Port St. Lucie, FL 34986 As to Unions: Insulators Local Union No. 60 13000 N.W. 47th Avenue Opa Locka, FL 33054 Florida Carpenters Regional Council Training Trust Fund 2840 N.W. 27th Avenue Fort Lauderdale, FL 33311 Iron Workers Local Union No. 402 1001 W.15th Street Rivera Beach, FL 33404 Painters & Allied Trades District Council No. 78 2153 W. Oak Ridge Road Orlando, FL 32809 W.P.B. Sheet Metal JATC: 1003 Belvedere Road West Palm Beach, FL 33405 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. Page 181 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 6 of 7 8. Governing Law and Venue The validity and interpretation of this Memorandum of Agreement and the legal relations between the parties hereto shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Memorandum of Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims, which are justiciable in federal court. 9. Entire Agreement Unless otherwise specified, this Memorandum of Agreement embodies the entire understanding between each signatory member of the Task Force, and any prior or contemporaneous representations, either oral or written, are hereby superseded. No amendments or changes to this Memorandum of Agreement, including, without limitation, changes in the statement of work, total estimated cost, and period of performance, shall be effective unless made in writing and signed by an authorized representative of a majority of signatory parties, which must include at least the County and one (1) Union. IN WITNESS WHEREOF, the parties have hereunto subscribed their names and seals on the dates below indicated. Attest: Board of County Commissioners St. Lucie County, Florida ___________________________________ By:_________________________________ Deputy Clerk Chair Date:______________________________ Approved as to form and correctness: _____________________________ County Attorney Page 182 of 433 S:\ATTY\AGREEMENT\ Green Collar Consortium - MOA- 22-Final Page 7 of 7 CareerSource: Insulators Local Union No. 60: By:__________________________ By:_________________________ Name:_______________________ Name:_______________________ Title:________________________ Title:________________________ Date:________________________ Date:________________________ Florida Carpenters Regional Council Iron Workers Local Union No. 402 Training Trust Fund: By:__________________________ By:__________________________ Name:_______________________ Name:_______________________ Title:________________________ Title:________________________ Date:________________________ Date:________________________ Painters & Allied Trades District Council W.P.B. Sheet Metal JATC: No. 78 By:____________________________ By:_________________________ Name:_________________________ Name:______________________ Title:__________________________ Title:_______________________ Date:__________________________ Date:_______________________ Page 183 of 433 8.F.1. 2023-58560 CONSENT AGENDA - LIBRARY SERVICES DEPARTMENT AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Robyn Saint-Paen, Director SUBMITTED BY: Library Services Department SUBJECT: St. Lucie County Library System Pest Control Policy BACKGROUND: The St. Lucie County Library has seen an increase in library items being returned that show pest infestation. To ensure the maintenance of a healthy and clean environment for all library users and to protect the County's investment in library collections, the library has developed the attached policy. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of St. Lucie County Pest Control Policy. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 184 of 433 Date: February 07, 2023 Robyn Saint-Paen, Director Date: February 15, 2023 Daniel McIntyre, County Attorney Date: February 15, 2023 George Landry, Director of Public Utilities Page 185 of 433 1 St. Lucie County Library System Pest Control Policy It is the responsibility of the St. Lucie County Library System to maintain a healthy and clean environment for all Library users and to protect the County's investment in Library collections, equipment, and property. To fulfill this responsibility, the library may restrict a user’s ability to borrow materials and/or to visit Library facilities when such use may jeopardize the health and cleanliness of Library facilities, collections, and users. Examples of situations where borrowing of materials may be restricted or suspended include, but are not limited to: •Evidence that items on loan to a patron have been returned with insects that are known to be damaging to library materials, or that can result in pest infestations in library facilities, e.g., roaches, silverfish, bed bugs and some types of beetles Examples of situations where access to Library facilities may be suspended include, but are not limited to: •Patron or patron possessions with fleas, lice, or bed bugs •Patrons with clothing or possessions that are stained with urine, feces, fluids containing visible blood or other body fluids Should it become necessary to restrict or suspend Library privileges of a patron to protect Library collections, facilities or other users, notification of the suspension will be made in writing by the Library Director or a Library Division Manager. Any patron who has privileges restricted or suspended under the terms of this policy may request a re-evaluation of the suspension under the terms described below. Decision and Appeal Authority The Director of Libraries will make decisions about reinstatement of privileges. Decisions of the Director may be appealed to the County Administrator or designee. Reinstatement of Library Privileges Patrons who have had Library privileges restricted or suspended under the provisions of the Pest Control Policy may have full privileges reinstated in two ways. Reinstatement Through Limited Borrowing and Inspection of Returned Items 1. A patron who returns items with evidence of bug infestation will have borrowing privileges restricted for a period of three months. During the restriction period, the patron will be limited to a total of three checkouts and three holds at any given time. Page 186 of 433 2 2. The patron will be required to return items to a supervisor at the service desk in sealed plastic bags. Returned items will be inspected by Library staff for evidence of pests identified in this policy. 3. If after three months no evidence of pests has been found in returned items, the patron will have full privileges reinstated. 4. If evidence of pests is found during the three months, all borrowing privileges will be suspended. Full privileges may be reinstated under the terms of the second method listed below. Reinstatement Through Proof of Residence Treatment or Inspection Full reinstatement of privileges may be granted based on evidence that the address in question has been inspected by a licensed professional in the field of pest control with no sign of infestation, or that the residence has been treated. Confirming information may include copies of receipts for treatment, a letter from a licensed pest control company or a written statement from the owner or property manager of a multi-family rental residence. In some circumstances, proof of a change of residential address may also be accepted. Procedures When Pests Are Found in Library Materials In order to keep the library a safe place for all patrons to borrow materials, patrons who return items with evidence of bug infestation will be advised of the problem and have borrowing privileges restricted for a period of three months on a conditional basis. The following procedures will be followed for all Library users: First Occurrence The first time a patron returns materials with evidence of bug infestation: 1. Staff will speak with the patron about what was found in the materials in a non- confrontational and private manner. 2. Staff will show the patron the materials and bugs when possible. 3. Staff will suggest ways the patron can address the issue (always keeping materials in closed containers when not being used, inspect them before return, talk with landlord or management if they live in a congregate living facility, etc.), and direct them to information about bug treatment options. 4. Staff will explain that for the next three months, no more than three items may be checked out, and no more than three holds may be placed on the patron’s account at any given time. The same restriction will apply to any other individuals residing at the patron’s address. 5. Based on the patron’s preference, staff will designate a single branch where charged items will be returned for next three months. Staff will explain that items must be returned to a supervisor at the designated branch in a sealed zip lock (or similar) bag. Commented [KB1]: customer Page 187 of 433 3 Plastic grocery bags may not be used as substitutes. If the patron does not have bags, the library will provide them. 6. The patron will be advised that they must return items in person and may under no circumstances return them in a book return or to a branch other than the one agreed to. If items are put in the book return all borrowing privileges will be suspended. 7. Staff will complete an incident report to be filed in the Library Director’s office and note the problem in the patron’s record. 8. If after the three-month period no further signs of bugs have been found in returned materials, and there are no other violations of the conditional privileges, the Library Director, upon the patron’s request, will reinstate full borrowing privileges. 9. Upon reinstatement of full privileges, staff will explain that if pests or signs of pests identified in the Pest Control Policy are found in returned materials again, the finding will be considered a second occurrence and the patron’s borrowing privileges, along with those of other patrons at the same address, will be suspended until evidence has been presented that the residence has been treated or found to be pest-free. 10. If at any given time until the patron provides to the Library Director proof of treatment such as a bill from an exterminator or a notice of treatment from a landlord or proof of change of residence, privileges may be reinstated. Second Occurrence The second time a borrower returns materials with evidence of bug infestation staff will: 1. Speak with the patron about what was found in the materials in a non-confrontational and private manner. 2. Show them the materials and bugs when possible. 3. Suspend all borrowing privileges by placing a block on the patron’s account as well as on the account of other patrons living at the same address. 4. Explain that borrowing privileges have been suspended until the patron provides to the Library Director (or his/her designee) proof of treatment such as a bill from an exterminator or a notice of treatment from a landlord or proof that there has been a change in residence. 5. Complete an incident report to be filed in the Library Director’s office. 6. Note the problem on the patron record. 7. Sample note to write on the patron’s account: Bugs 1st offense. Returned books with roaches on 10/12/22. Limited to max of 3 items out until proof of treatment or 3 months of returned clean books. Max may be increased on 1/12/23 Page 188 of 433 4 Appeal An aggrieved Patron may appeal a determination of bug infestation to the County Administrator or designee. An appeal shall be in writing and filed within 15 days of said determination. All appeals shall contain a written statement containing sufficient detail of the grounds for the appeal. While an appeal is pending the above procedures will be followed. The County Administrator or designee will issue a decision within thirty days or receiving the appeal. Approved by the Library Advisory Board on: 01/23/2023 Approved by the St. Lucie County Board of County Commissioners on: Page 189 of 433 8.G.1. RES-2023-16 CONSENT AGENDA - OFFICE OF MANAGEMENT & BUDGET AGENDA REQUEST DATE: 2/21/2023 *RESOLUTION ITEM - BUDGET RESOLUTION QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: Jennifer Hill, Office of Management & Budget Director SUBMITTED BY: Office of Management & Budget SUBJECT: FY 23 Budget Resolution Recognizing Unanticipated Revenue and Transfer of Emergency Reserves BACKGROUND: There are many times during the fiscal year that the budget needs to be amended to account for unanticipated funds such as new grant funds, loan proceeds or insurance proceeds. This agenda item recognizes $1,777,159.00 in revenue that was not anticipated in the FY23 Budget and the transfer of $59,747 from General Fund Emergency Reserves to the Public Safety Department to cover Hurricane Nicole related expenses. PREVIOUS ACTION: The Fiscal Year 2022-2023 Budget was adopted by the Board on September 22,2022. The Board recognized an amendment to the budget via resolution on October 18, 2022. The Board recognized an amendment to the budget via resolution on November 15, 2022. The Board recognized an amendment to the budget via resolution on December 13, 2022. The Board recognized an amendment to the budget via resolution on January 24, 2022. FINANCIAL IMPACT: Action from this resolution amends the fiscal year 2022-2023 budget, increasing it by $1,777,159.00 RECOMMENDATION: Staff recommends approval of this agenda item to recognize the funds to amend the budget by $1,777,159.00 and the transfer of $59,747.00 from General Fund Emergency Reserves to the Public Safety Department to cover Hurricane Nicole related expenses. COMMISSION ACTION: RESULT: Page 190 of 433 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 08, 2023 Jennifer Hill, Office of Management & Budget Director Date: February 09, 2023 Daniel McIntyre, County Attorney Page 191 of 433 RESOLUTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida desires to amend the County Budget to account for funds unanticipated in the budget. WHEREAS, Section 129.06(2), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate, expend such funds and to seek Board authorization to move funds from the General Fund Emergency Reserve account, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in a meeting assembled this 21st day of February 2023, pursuant to Section 129.06 (2), Florida Statutes, that the fiscal year 2022-2023 County budget is hereby amended as reflected in attachment “A”, which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Cathy Townsend, Chair XXX Commissioner Linda Bartz, Vice-Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Jamie Fowler XXX Commissioner Larry Leet XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF FEBRUARY 2023. ATTEST:BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Page 192 of 433 Attachment "A" Account Fund Description Revenue Appropriation COMMUNITY SERVICES 185023-5420-369930-540000 Reimbursements $154,626 185023-5420-549605-540000 Rehab Expenditures $154,626 SHIP 2nd Mortgage Payoff - fund 185023 001-5420-337510-540000 City of Port Saint Lucie $50,000 001-5420-337910-540000 City of Fort Pierce $50,000 001-5420-534000-540000 Other Contractual Services $100,000 City of Fort Piece and City of Port Saint Lucie Joint Housing Needs Assessment ENVIRONMENTAL RESOURCES 001-7912-369970-790000 Insurance Recovery $3,549 001-7912-551200-790000 Equipment <$5,000 $3,549 Insurance recovery payment for stolen trailer PARKS AND RECREATION 001-7210-369970-7511 Insurance Recovery $2,484 001-7210-546100-7511 Building Maintenance $2,484 Insurance recovery payment for damage to Weldon B. Lewis Park PUBLIC UTILITIES 401-3410-369970-340000 Insurance Recovery $99,000 401-3410-546100-340000 Building Maintenance $99,000 To recognize insurance reimbursement for the clean-up and maintenance of the mechanic shop/building PUBLIC WORKS 102819-3725-337940-224620 Other Local Grants $100,000 102819-3725-563000-224620 Infrastructure $100,000 Indian River Lagoon NEP grant for Sheraton Plaza Stormwater Treatment 184231-3710-334391-3712 Dept of Environmental Prot-Phys Env $1,107,500 184231-3710-546340-3712 Maintenance-Beach Renourishment $1,440,000 184231-3710-531000-3712 Professional Services $55,000 184-9910-599300-910000 Reserves -$387,500 FDEP Grant amendment #4 which inlcudes an additional $1,107,500 184239-3710-334391-3630 Dept of Environmental Prot-Phys Env $150,000 184239-3710-531000-3630 Professional Services $300,000 184-9910-599300-910000 Reserves -$150,000 FDEP Grant amendment 22SL1 Amendment #1 Page 193 of 433 Attachment "A" 001655-4117-331391-39003 US Dept of Interior-Fish&Wildlife $60,000 001655-4117-534000-39003 Infrastructure $60,000 FL Fish & Wildlife Artificial Reef Construction 2022-2023 SUB TOTAL $1,777,159 $1,777,159 TRANSFER OF EMERGENCY RESERVES PUBLIC SAFETY 001-9910-599301-910000 Emergency Reserves -$59,747 001-2510-552000-250000 Operating Supplies $59,747 To reimburse Public Safety for Hurricane Nicole expenses Agenda Date: 02/21/2023 TOTAL $1,777,159 $1,777,159 Page 194 of 433 8.H.1. 2023-58575 CONSENT AGENDA - UTILITIES AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - SOLE SOURCE QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: George Landry, Director of Public Utilities SUBMITTED BY: Utilities SUBJECT: Sole Source and Bid Waiver Addition BACKGROUND: The St. Lucie County Utilities Department owns and operates Water Utility Plants, and uses heavy equipment for which the purchase of parts and/or services can only be obtained from one vendor. Per the St. Lucie County Purchasing Manual, these vendors are deemed sole source. We would like to add Environmental Equipment Services and Instrumental Specialties to this list. PREVIOUS ACTION: Since 2004 the Board has annually approved a bid waiver and sole sources for the purchase of parts and services for specific equipment. FINANCIAL IMPACT: Sufficient funds will be made available in account #478-3600-546000-360000 (Equipment Maintenance). RECOMMENDATION: Staff recommends Board approval of bid waiver and sole source determination for Instrumental Specialties, Inc for the purchase of equipment, parts, service, and supplies for Teledyne ISCO equipment and Environmental Equipment Services for equipment, parts, service, and supplies for Smith & Loveless, Inc., wastewater pumping equipment. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 195 of 433 Date: January 30, 2023 Jennifer Hill, Office of Management & Budget Director Date: February 01, 2023 Daniel McIntyre, County Attorney Date: February 02, 2023 George Landry, Director of Public Utilities Page 196 of 433 Page 197 of 433 Page 198 of 433 8.I.1. 2023-58588 CONSENT AGENDA - PUBLIC WORKS AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - BOND AUTHORIZATION QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works SUBJECT: Redemption of Bonds for the Indian River Estates Municipal Services Benefit Unit (MSBU) - Potable Water and Fire Protection Improvements BACKGROUND: In December 2002, the Board created the Indian River Estates Municipal Services Benefit Unit (“MSBU”) to fund the cost of potable water improvements within the Indian River Estates MSBU boundary. In October 2006, the Board levied special assessments against the parcels which derive a direct benefit from the improvements. As part of financing the project, the County entered into a loan agreement with Wachovia (now Wells Fargo) Bank. The original loan amount was $11,800,000 of which approximately $3,360,000 is currently outstanding. Due to early payoffs of individual assessments, interest earned, and a lower loan interest rate, the Indian River Estates MSBU Fund now has sufficient funds to prepay the balance of the Indian River Estates MSBU 2007A Bonds. PREVIOUS ACTION: December 10, 2002 - Board adopted Resolution No. 02-309, creating the Indian River Estates MSBU October 17, 2006 - the Board adopted Resolution No. 06-321, levying assessments within the Indian River Estates MSBU February 28, 2007 - the Board entered into a loan agreement with Wachovia Bank, National Association (now Wells Fargo Bank) FINANCIAL IMPACT: Sufficient funds are available to prepay the balance of the Indian River Estates MSBU 2007A Bonds in the MSBU account (687-104136). RECOMMENDATION: Staff recommends Board authorization to prepay the balance of the Indian River Estates MSBU 2007A Bonds. COMMISSION ACTION: Page 199 of 433 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 07, 2023 Jennifer Hill, Office of Management & Budget Director Date: February 07, 2023 Patrick Dayan, Public Works Director Date: February 09, 2023 Daniel McIntyre, County Attorney Date: February 09, 2023 Mayte Santamaria, Planning & Development Services Director Page 200 of 433 RESOLUTION NO. 23-021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING REDEMPTION AND PREPAYMENT IN FULL OF THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2007A (INDIAN RIVER ESTATES MSBU); AUTHORIZING AND DIRECTING COUNTY STAFF AND OFFICIALS TO TAKE ACTION IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to Resolution No. 94-196, adopted on September 20, 1994, as amended and supplemented from time to time and particularly as amended by Resolution No. 95-183, adopted on September 5, 1995, as supplemented by Resolution No. 02-309 adopted on December 10, 2002, and Resolution 06-321 adopted on October 17, 2006 (collectively, the "Resolution"). Section 2. Definitions. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Resolution or that certain Term Loan Agreement dated February 28, 2007 (the "Loan Agreement") entered into between St. Lucie County, Florida (the "County") and Wachovia/Wells Fargo (the "Bank"). Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) The County and the Bank entered into the Loan Agreement in order to provide financing for the Indian River Estates MSBU Project. (B) The County's obligation to repay the indebtedness arising under the Loan Agreement is evidenced by its St. Lucie County, Florida Special Assessment Improvement Bond, Series 2007A (Indian River Estates MSBU) issued on February 28, 2007, in the original principal amount of $11,800,000 (the "2007A Bond"). (C) The 2007A Bond is secured by special assessments levied upon real property specially benefited by Indian River Estates MSBU Project (the "Indian River Estates MSBU Assessments"). (D) The 2007A Bond provides that it is subject to prepayment prior to its date of maturity at the option of the County at any time without penalty. (F) The County wishes to redeem the Series 2007A Bond by prepaying the Page 201 of 433 2 outstanding principal balance thereof in full at this time, together with any interest accrued thereupon. Section 4. Redemption of 2007A Bond. County staff and officials are hereby authorized and directed to redeem the 2007A Bond by prepaying the outstanding principal balance of the 2007A Bond in full, together with any interest accrued thereupon, on February 28, 2023. The not to exceed redemption amount of $3,360,000 was provided by the Bank as the registered owner of the 2007A Bond and is hereby approved. The redemption shall be made from prepayments of the Indian River Estates MSBU Assessments, funds available in the construction or project fund established for the Indian River Estates MSBU Project, or other legally available funds of the County. Section 5. Effectiveness of 2007A Bond. Upon receipt of the prepayment contemplated hereunder by the Bank, the Loan evidenced by the 2007A Bond shall be deemed repaid and the 2007A Bond shall be deemed redeemed and no longer outstanding. [Remainder of page intentionally left blank] Page 202 of 433 3 Section 6. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 21st day of February, 2023, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 203 of 433 Wells Fargo Bank, National Association Roanoke Loan Center 7711 Plantation Road, MAC R4058-017 Roanoke, VA 24019 January 30, 2023 Stephen Lenehan GIB GOV WEST PALM BEACH #132387 Phone: 561-650-2364 Payoff Date: February 28, 2023 Borrower: ST. LUCIE COUNTY, FLORIDA Obligor/Obligation: 0264061465 / 18 We have provided below an estimate of the amount necessary to pay off all amounts owing in connection with the above referenced obligation. Please call your contact referenced above on the day of payoff to receive an accurate payoff quote. Payoff estimates may have changed due to rate changes, prepayment fee updates, payments or advances and/or fees that have been applied. Upon receipt of the payoff amount listed below, we will release any accounts receivable, inventory and/or equipment securing this loan. Payoff Details Payoff Amounts Loan Principal Balance:$3,318,909.94 Accrued Interest up to February 28, 2023: $40,220.54 TOTAL ESTIMATE AS OF January 30, 2023: $3,359,130.48 Interest at the rate 343.76532 will accrue per day on the loan from February 28, 2023 to the date the loan payment is received at this office. This loan is subject to a prepayment fee: Collateral securing the loan, if any, will not be released until all obligations secured by the collateral, including any derivative obligations, have been paid in full. This will require the termination of derivative transactions and payment of all amounts due. If a payment is made on the payoff date that is not equal to the actual payoff amount, including the derivative termination fee, Wells Fargo reserves all rights to collect the entire actual payoff amount, including the derivative termination fee, prior to releasing any collateral. Page 204 of 433 Please Wire Funds to: Wells Fargo Bank, N.A. American Banking Association #121000248 Account #00698314050720 Reference:ST. LUCIE COUNTY, FLORIDA Loan/Obligor #0264061465 Obligation #18 Assigned Unit #0132387 Collected funds (wire) must be received by 5:00 p.m. Eastern Time in order to be credited on said business day. Funds received after 5:00 p.m. Eastern Time will be credited to the next business day, which will increase the payoff amount at the per diem interest rate noted above and possibly change the derivative termination fee and/or prepayment fees. If unable to close as of the date of this letter, the foregoing information may not be applicable. Page 205 of 433 8.I.3. 2023-58610 CONSENT AGENDA - PUBLIC WORKS AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Daniel Zrallack, County Engineer SUBMITTED BY: Public Works SUBJECT: Special Permit Request - Relief from Noise Ordinance for Painting Work on the Turnpike Bridge over Glades Cut-Off Road BACKGROUND: The Florida Department of Transportation (FDOT) will perform maintenance work on the bridge over Glades Cut Off Road. The project will commence on February 17, 2023, with a contract duration of 199 calendar days. Gulf Coast Contracting, LLC, FDOT’s contractor, is requesting to perform night work at different phases of the project. During nighttime operations, Glades Cut Off Road will be closed to traffic between the hours of 10 pm to 5 am and will be fully open for the rest of the day. The closures will be necessary for the safety of the workers and the traveling public as the tasks that will be performed are not permitted above live traffic. The contractor anticipates a total of 30 days of intermittent nighttime closures throughout the project. The requested work hours are determined to be outside the exempt period for construction activities in the County’s Noise Ordinance. The noise generated from the maintenance work may or may not violate the Ordinance, which restricts excessive noise and vibration levels to certain hours of the day. Therefore, Gulf Coast Contracting, LLC has submitted a request for a special permit in accordance with Section 28- 112 of the St. Lucie County Code of Ordinances. Staff recommends the Board approve the request subject to the following conditions: 1. Approval shall be valid for the period needed to complete the maintenance work on the bridge above Glades Cut Off Road (with allowances for weather and equipment failure). 2. All work outside of normal work hours will be confined within the limits of the bridge on Glades Cut Off Road right-of-way. 3. The contractor will make serious efforts to reduce any noise that may be generated from the maintenance work. 4. The permit can be revoked with 24 hours’ notice if excessive complaints result. PREVIOUS ACTION: Page 206 of 433 N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to grant the request from Gulf Coast Contracting, LLC for a special permit in accordance with Section 28-112 of the St. Lucie County Code of Ordinances. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 06, 2023 Daniel Zrallack, County Engineer Date: February 06, 2023 Patrick Dayan, Public Works Director Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 11, 2023 Mayte Santamaria, Planning & Development Services Director Page 207 of 433 Public Works Department Agenda Item Summary BOARD OF COUNTY COMMISSIONERS Agenda Date: Tuesday, 9:00 AM February 21, 2023 Turnpike Bridge Over Glades-Cut Off Road Request to Approve a Special Permit Division: Public Works - Engineering Division Consultant/Contractor: Gulf Coast Contracting, LLC Project Location(s): Turnpike Bridge over Glades Cut Off Road Funding Source: N/A Commissioner District: District 4 Project Manager: Name: Edmund Bas, P.E. Tel #: (772) 462-2184 Email: base@stlucieco.org Mail: 2300 Virginia Ave. Rm 229 Fort Pierce, Florida 34982 Project Description The Florida Department of Transportation (FDOT) will perform maintenance work on the bridge over Glades Cut Off Road. The project will commence on February 17, 2023, with a contract duration of 199 calendar days. Background Gulf Coast Contracting, LLC, FDOT’s contractor is requesting to perform night work at different phases of the project. During nighttime operations, Glades Cut Off Road will be closed to traffic between the hours of 10 pm to 5 am and will be fully open for the rest of the day. The closures will be necessary for the safety of the workers and the traveling public as the tasks that will be performed are not permitted above live traffic. The contractor anticipates a total of 30 days of intermittent nighttime closures throughout the project. The requested work hours are determined to be outside the exempt period for construction activities in the County’s Noise Ordinance. The noise generated from the maintenance work may or may not violate the Ordinance, which restricts excessive noise and vibration levels to certain hours of the day. Therefore, Gulf Coast Contracting, LLC has submitted a request for a special permit in accordance Background (continue) with Section 28- 112 of the St. Lucie County Code of Ordinances. Staff recommends the Board approve the request subject to the following conditions: 1. Approval shall be valid for the period needed to complete the maintenance work on the bridge above Glades Cut-Off Road (with allowances for weather and equipment failure). 2. All work outside of normal work hours will be confined within the limits of the bridge on Glades Cut Off Road right-of-way. 3. The contractor will make serious efforts to reduce any noise that may be generated from the maintenance work. 4. The permit can be revoked with 24 hours’ notice if excessive complaints result. Notice Requirements N/A Staff Recommendation Staff recommends Board approval to grant the request from Gulf Coast Contracting, LLC for a special permit in accordance with Section 28-112 of the St. Lucie County Code of Ordinances. Project Location Page 208 of 433 Gulf Coast Contracting, LLC P O Box 2178 Tarpon Springs, FL 34688 Phone: 727-938-6081 Fax: 727-937-0967 E-Mail: gulfcoastoffl@aol.com RE: FDOT PROJECT: E8T87 | 438550-1-52-01 | GLADES CUT-OFF ROAD | SLC ROW PERMIT #023-002 PROJECT DETAILS To Whom it May Concern: Gulf Coast Contracting is scheduled to commence FPID 438550-1-52-01 Contract No. E8T87 with FDOT/Turnpike on February 17, 2023. Gulf Coast Contracting, LLC will be performing coating of steel and concrete components as well as concrete spall repairs on the Turnpike bridges over Glades Cut-off Road and the FEC Railway. The contract plans include a site- specific MOT plan and detour which will be followed. The hours of operation vary depending on the phase of the project. According to contract MOT plans, nighttime closures of Glades Cut-off are necessary for rigging of containment and to perform necessary concrete spall repairs. The MOT and detour is necessary for worker and traveling public safety as these operations are not permitted to be performed above live traffic. As the containment serves as fall protection, once the containment is installed, work will be able to progress safely over traffic without the necessity of closure. The contract plans allow for up to 30 days of detours, 7 days/week. Our nighttime (detour) hours are from 10 p.m. to 5 a.m. During nighttime closures, the detour will be installed at 10 p.m. and fully opened by 5 a.m. When lane closures are not needed, we intend to work daytime hours. Our hours of operation are planned for 7 a.m. to 7 p.m. Monday thru Sunday. Please also be aware that we are working with the FEC Railway on this project which requires advance scheduling of railroad flaggers and coordination with the FEC Railway. Our painting operations are expected to last for 2.5 months – weather permitting. We will coordinate with our project CEI and St. Lucie County regarding adjacent construction projects and road closures. Our discussions with the CEI has suggested an alternate detour route which can be established to include S. 25th St. and Edwards Rd. should adjacent projects progress on a schedule as to conflict with each other. Please let us know if you should need additional information. Thank you, Manuel Gialousis Manager/Owner Page 209 of 433 ARTICLE V. - NOISE CONTROL[2] Sec. 28-112. - Application for special permit. (a) Application for a permit for relief from the noise and vibration levels designated in this article on the basis of undue hardship may be made to the board of county commissioners. Any permit granted by the board hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The board may grant the relief as applied for if it finds: (1) That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this article. (2) The activity, operation, or noise or vibration source will be temporary in duration and cannot be done in a manner that would comply with other sections of this article. (3) That no other reasonable alternative is available to the applicant. (b) The board of county commissioners may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Code 1982, § 1-13.8-20; Ord. No. 88-20, pt. B, 2-2-1988; Ord. No. 03-08, pt. B, 1-17-2003) Page 210 of 433 8.J.1. 2021-51739 CONSENT AGENDA - TRANSIT AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AMENDMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Adolfo Covelli, Transit Director SUBMITTED BY: Transit SUBJECT: Amendment - On July 19, 2018, the Federal Transit Administration (FTA) published the Public Transportation Agency Safety Plan (PTASP) final rule, which requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS). On February 17, 2022, the FTA published a Dear Colleague Letter to inform the transit industry about the Bipartisan Infrastructure Law changes to the PTASP requirements. The new requirements apply to transit agencies with an Agency Safety Plan (ASP) in place under the PTASP regulation (49 CFR Part 673). BACKGROUND: On July 19, 2018, the Federal Transit Administration (FTA) published the Public Transportation Agency Safety Plan (PTASP) Final Rule, which requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS). The PTASP rule became effective on July 19, 2019. FTA published a Notice of Enforcement Discretion on April 22, 2020, effectively extending the PTASP compliance deadline from July 20, 2020 to December 31, 2020. The rule applies to all operators of public transportation systems that are recipients and sub-recipients of federal financial assistance under the Urbanized Area Formula Program (49 U.S.C. § 5307). In light of the extraordinary challenges presented by the COVID-19 public health emergency, on December 11, 2020, the FTA issued a second Notice of Enforcement Discretion for the PTASP regulation (49 CFR Part 673). FTA will refrain from taking enforcement action until July 21, 2021 for recipients and subrecipients unable to certify compliance with the PTASP regulation. On February 17, 2022, the FTA published a Dear Colleague Letter to inform the transit industry about the Bipartisan Infrastructure Law changes to Public Transportation Agency Safety Plan (PTASP) requirements. The new requirements apply to transit agencies with an Agency Safety Plan (ASP) in place under the PTASP regulation (49 CFR PArt 673). On December 1, 2020, the Board approved the initial plan document. The amended plan includes: Page 211 of 433 - Changes to reflect the Bipartisan Infrastructure Law requirements - Changing the name from Treasure Coast Connector to Area Regional Transit (ART) throughout the plan - An update of roles and responsibilities; along with the updated address for the County's Transit Staff - Current performance targets PREVIOUS ACTION: On December 1, 2020 the Board approved the Initial Plan Document. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the amended Public Transportation Agency Safety Plan (PTASP) and authorization for the chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 09, 2023 Ciara Forbes, Assistant County Attorney II Date: February 15, 2023 George Landry, Director of Public Utilities Date: February 15, 2023 Daniel McIntyre, County Attorney Page 212 of 433 8.D.1. 2020-50583 CONSENT AGENDA - TRANSIT AGENDA REQUEST DATE: 12/1/2020 *ACTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Adolfo Covelli, Transit Director SUBMITTED BY: Transit SUBJECT: Public Transportation Agency Safety Plan (PTASP) BACKGROUND: The Federal Transit Administration (FTA) released a final rule outlining PTASP requirements. The final rule adopted by the FTA in fiscal year 2020, requires every transit agency that receives funds under 49 U.S.C. Section 5307 to adopt a Public Transportation Agency Safety Plan (PTASP) no later than December 31, 2020 and to certify the plan every year thereafter. PTASP's commit transit agencies to designate a Chief Safety Officer and to develop and implement a safety program. The PTASP outlines the activities and processes on how St. Lucie County will meet requirements of its PTASP. The required components of the PTASP include the following: Safety Performance Targets, Safety Management Policy, Safety Risk Management, Safety Assurance, and Safety Performance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval for the PTASP and authorization for the chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson NAYS: None Page 213 of 433 EXCUSED: None Coordination/Signatures Date: October 30, 2020 Murriah Dekle, Transit Division Director Date: November 02, 2020 Diana Wesloski, Community Services Director Date: November 03, 2020 Daniel McIntyre, County Attorney Date: November 16, 2020 Alphonso Jefferson, Deputy County Administrator Page 214 of 433 P a g e | 1 Public Transportation Agency Safety Plan Treasure Coast Connector St Lucie County Public Transportation October 2020 Page 215 of 433 P a g e | 2 Table of Contents Section 1. Transit Agency Information .......................................................................................................... 5 General Information ..................................................................................................................................... 6 Section 2. Plan Development, Approval, and Updates ................................................................................. 7 Section 3. Safety Performance Targets ........................................................................................................ 8 Section 4. Safety Management Policy......................................................................................................... 10 Safety Management Policy Statement ....................................................................................................... 10 Safety Management Policy Communication ............................................................................................... 13 Authorities, Accountabilities, and Responsibilities ..................................................................................... 14 Accountable Executive (AE): ............................................................................................................... 14 Chief Safety Officer (CSO) ................................................................................................................... 14 Role of Staff to Develop and Manage Safety Management Systems (SMS) ............................................... 15 Accountable Executive (AE) ................................................................................................................ 15 Chief Safety Officer (CSO) ................................................................................................................... 15 Managers and Key Staff ...................................................................................................................... 15 Supervisors .......................................................................................................................................... 15 Employees ........................................................................................................................................... 15 Employee Safety Reporting Program (ESRP) .............................................................................................. 16 Hazard Reporting Process ................................................................................................................... 17 Immediate Action Required ................................................................................................................ 17 Delayed Action Required .................................................................................................................... 17 Role of Supervisor ............................................................................................................................... 17 Treasure Coast Connector Responsibility ........................................................................................... 18 Section 5. Safety Risk Management ............................................................................................................ 19 Safety Hazard Identification ........................................................................................................................ 19 Personnel ............................................................................................................................................ 19 Assets .................................................................................................................................................. 19 Transit Asset Management ................................................................................................................. 20 System ................................................................................................................................................. 20 Hazard Identification Procedure ................................................................................................................. 21 Safety Risk Assessment ............................................................................................................................... 21 Safety Risk Mitigation ................................................................................................................................. 23 Section 6. Safety Assurance Performance Monitoring and Measurement ................................................ 24 Page 216 of 433 P a g e | 3 Safety Committee ....................................................................................................................................... 24 Maintenance ............................................................................................................................................... 25 Maintenance Standards and Procedures ............................................................................................ 25 Operator Inspections .......................................................................................................................... 25 Daily Servicing and Inspections ........................................................................................................... 25 Mileage-Based Maintenance Inspections ........................................................................................... 25 Operations .................................................................................................................................................. 25 Facility Monitoring .............................................................................................................................. 26 Frequency............................................................................................................................................ 26 Reporting............................................................................................................................................. 26 Hazard Resolution ............................................................................................................................... 26 Follow-up ............................................................................................................................................ 26 Documentation ................................................................................................................................... 26 Employee Hazard Reporting ....................................................................................................................... 27 Loss Reports ........................................................................................................................................ 27 Route/Operations Safety .................................................................................................................... 27 Safety Events ............................................................................................................................................... 27 Accident and Incident Reporting Process ........................................................................................... 27 Notification ......................................................................................................................................... 27 At-Scene Procedures ........................................................................................................................... 28 Investigation ........................................................................................................................................ 28 Accident Review Process............................................................................................................................. 28 Accident Review Committee ............................................................................................................... 28 Hazard Resolution ............................................................................................................................... 29 Follow-up ............................................................................................................................................ 29 Internal Reporting ............................................................................................................................... 29 Documentation ................................................................................................................................... 29 Continuous Improvement of Safety Performance ...................................................................................... 29 Maintenance ....................................................................................................................................... 30 Operations .......................................................................................................................................... 30 Safety .................................................................................................................................................. 30 7. Safety Promotion .................................................................................................................................... 30 Operator Selection ...................................................................................................................................... 31 Page 217 of 433 P a g e | 4 Hiring Practices ................................................................................................................................... 31 Training ....................................................................................................................................................... 32 Initial Bus Operator Training ............................................................................................................... 32 Annual Training for All Bus Operators ................................................................................................ 33 Injury and Illness Prevention Training................................................................................................. 34 Emergency Response Planning and Coordination .............................................................................. 35 System Modification Design Review and Approval .................................................................................... 35 General Process .................................................................................................................................. 35 Modification Design Review ............................................................................................................... 35 Modification Design Approval............................................................................................................. 36 Monitoring .......................................................................................................................................... 36 Documentation ................................................................................................................................... 36 Routes ................................................................................................................................................. 36 Additional Information................................................................................................................................ 37 Appendix 1 .................................................................................................................................................. 38 Appendix 2 .................................................................................................................................................. 42 Appendix 3 .................................................................................................................................................. 43 Appendix 4 …………………………………………………………………………………………………………………………………………. 44 Page 218 of 433 P a g e | 5 Section 1. Transit Agency Information St Lucie County has provided public transportation services since 1990 and currently has two modes of transportation —traditional fixed-route service and door-to-door, paratransit service provided through a contract with MV Transportation Services. The County has also added a lineup of innovative, non- traditional mobility services to take advantage of emerging technologies and adapt to changing travel patterns. The Treasure Coast Connector is the County’s fixed-route transit service, offering eight routes that run on one-hour headways, Route 1 has ½ hour headways. Most routes operate from 6 a.m. to 8 p.m. on weekdays and 8 a.m. to noon and 1-4 p.m. on Saturdays. In addition, the County provides demand- response, door-to-door paratransit services throughout the County to qualified seniors and people with disabilities. Residents must be certified as Transportation Disadvantaged (TD) or meet the criteria of the Americans with Disabilities Act (ADA). The County also offers non-traditional public transportation services. In 2017, the St. Lucie County Department of Community Services began operating a demand-response, TD service pilot program known as Direct Connect. This service provides essential and life-sustaining trips during hours that regular public transit and paratransit do not operate. Direct Connect fills evening and weekend service gaps, enabling the County’s TD population to have access to public transportation services 24 hours a day, seven days a week. Each of these services is described in more detail on the following page. The County has also launched a pilot micro-transit program in December of 2019. On September 1st, 2017, the St. Lucie County Board of County Commissioners authorized a multi-year pilot program making the entire county transit system fare-free, eliminating the firebox on both fixed- route and paratransit buses. A Florida Department of Transportation Service Development Grant, along with lower administrative costs realized by no longer collecting fares, offsets a substantial portion of the funding costs. Page 219 of 433 P a g e | 6 General Information St. Lucie County Board of County Commissioners - Treasure Coast Connector Accountable Executive: Howard Tipton, County Administrator Chief Safety Officers: Adolfo Covelli, Transit Operations Manager Donavan Speller MV Safety Officer Address: 437 North 7th Street Fort Pierce, FL 34950 Phone: (772) 462-1798 Website: www.SLCRide.org Modes of Service: Fixed Route and Demand Response contracted thru MV Transportation FTA Funding Sources: FTA Section 5307, FTA Section 5310, FTA Section 5339 Modes of Service Directly Provided: ☒Fixed Route Bus ☒Demand Response TREASURE COAST CONNECTOR does not provide transit services on behalf of another transit agency or entity. Page 220 of 433 P a g e | 7 Section 2. Plan Development, Approval, and Updates Name of Entity That Drafted This Plan Treasure Coast Connector – St. Lucie County Public Transportation System Signature by the Accountable Executive Signature of Accountable Executive Date of Signature County Administrator Approval by the Board of Directors or an Equivalent Authority Name of Individual/Entity That Approved This Plan Date of Approval St. Lucie County Board of County Commissioners Relevant Documentation (title and location) St Lucie County Board of County Commissioners (place link to county agenda item here) Certification of Compliance Name of Individual/Entity That Certified This Plan Date of Certification Transit Director Relevant Documentation (title and location) PTASP/SMS Document located in Transit Director’s Office Version Number and Updates (Record the complete history of successive versions of this plan). Version Number Section/Pages Affected Reason for Change Date Issued 1 Entire Plan Document Initial Plan Document ------------- Annual Review and Update of the Public Transportation Agency Safety Plan Describe the process and timeline for conducting an annual review and update of the Public Transportation Agency Safety Plan. Treasure Coast Connector’s Public Transportation Agency Plan (PTASP) will be updated annually in January of each year. The process will include reviewing all transit components, updating information and changes in personnel/duties, and submitting the Transit Director for final approval. ☒ The Accountable Executive confirms that Treasure Coast Connector’s PTASP addresses all applicable requirements and standards as outlined in 1. FTA’s Public Transportation Safety Program and, 2. The National Public Transportation Safety Plan, 3. PTASP documents must be made available upon request by the FTA or other Fed eral entity, or a State Safety Oversight Agency having jurisdiction. A transit agency must maintain these documents for a minimum of three years after they are created. Page 221 of 433 P a g e | 8 Section 3. Safety Performance Targets The following Performance Targets align with the National Public Transportation Safety Plan supporting there are three measures: Fatalities, Injuries, and Safety Events. 1. Fatalities (total number of reportable fatalities and rate per total vehicle revenue miles) - A death or suicide confirmed within 30 days of a reported event. It does not include deaths in or on transit property resulting from illness or other natural causes. Reported in National Transit Database (NTD) data sheet S&S-40 2. Injuries (total number of reportable injuries and rate per total vehicle revenue miles) – Injury is defined as any damage or harm to persons because of an event that requires immediate medical attention away from the scene. Reported in National Transit Database (NTD) data sheet S&S-40 for major event and SS-50 for non-major event 3. Safety Events (total number of reportable events and rate per total vehicle revenue miles) - Safety Event is defined as a collision, derailment, fire, hazardous material spill, an act of nature (Act of God), evacuation, or OSONOC occurring on transit right-of-way, in a transit revenue facility, in a transit maintenance facility, or involving a transit revenue vehicle and meeting established National Transit Database (NTD) thresholds. Reported in National Transit Database (NTD) data sheet S&S-40 for major event and SS-50 for non-major event In order to establish a baseline for safety performance measures, a trend analysis of system fatalities, injuries and safety events was performed for three years from prior contractor to provide grounded metrics for future comparison and continuous improvement in setting safety performance targets. Mode of Transit Service Vehicle Revenue Mile (VRM) Fatalities Total Fatalities (Per 100k VRM) Injuries (Total) Injuries (Per 100k VRM) Safety Events (Total) Safety Events (Per 100k VRM) FY 16 FR 364,597 0 0 5 1.37 5 .1.37 FY 16 DR 532,684 0 0 0 0 1 .19 TOTAL 897,281 0 0 5 .55 6 .67 FY17 FR 459,203 0 0 1 .21 2 .44 FY17 DR 533,652 0 0 0 0 1 .19 TOTAL 992,855 0 0 0 0 3 .30 FY18 FR 521,386 0 0 0 0 1 .19 FY18 DR 546,048 0 0 0 0 1 .18 TOTAL 1,067,434 0 0 0 0 2 .19 Page 222 of 433 P a g e | 9 Mode of Transit Service Vehicle Revenue Mile (VRM) Fatalities Total Fatalities (Per 100k VRM) Injuries (Total) Injuries (Per 100k VRM) Safety Events (Total) Safety Events (Per 100k VRM) FY20 FR 521,386 0 0 0 0 1 .19 FY20 DR 546,048 0 0 0 0 0 0 TOTAL 1,067,434 0 0 0 0 0 0 Vehicle revenue miles (VRM) for FY20 are projected to be the same as reported in FY18, totaling 1,067,434 VRM. Performance targets for FY20 are as follows: The total fatalities are projected to be zero for FY20. The total reportable injuries are projected to stay at zero from the previous fiscal year. The total numbers of reportable safety events are projected to reduce by a total of one from the previous report. FY 2020 Performance Targets Summary FY 20 Fatalities - zero FY 20 Injuries - zero FY 20 Safety Events -reduce the number of reportable safety events from FY18 by 50% Safety Performance Target Coordination Describe the coordination with the State and Transportation Planning Organization (TPO) in the selection of State and TPO safety performance targets. Treasure Coast Connector shares safety performance targets with the St. Lucie Transportation Planning Organization (TPO) and the Florida Department of Transportation (FDOT) annually as part of our continued coordination of transit data. Treasure Coast Connector also coordinates with these agencies to the maximum extent possible in the selection of safety performance targets as required under §673.15(a) and §673.15(b), respectively. This data also includes the Transit Asset Management Plan (TAM) updates and anticipated capital replacement schedules. Targets Transmitted to the State State Entity Name Date Targets Transmitted Florida Department of Transportation (date) Targets Transmitted to the Transportation Planning Organization Transportation Planning Organization Name Date Targets Transmitted St. Lucie Transportation Planning Organization (St Lucie TPO) (date) Page 223 of 433 P a g e | 10 Section 4. Safety Management Policy Safety Management Policy Statement Treasure Coast Connector recognizes that the management of safety is a core value of our business. The management team at St Lucie County- Transit Division and their contract service provider, MV Transportation Services, will embrace the Safety Management Systems (SMS). They are committed to developing, implementing, maintaining, and constantly improving processes to ensure the safety of our employees, customers, and the public. All management and frontline employees are committed to safety and understand that safety is the primary responsibility of all employees. This Public Transportation Agency Safety Plan (PTASP) describes the policies, procedures, and requirements to be followed by management, maintenance, and operations personnel to provide a safe environment for Treasure Coast Connector employees, customers, and the public. The goal of this program is to eliminate the human and fiscal cost of avoidable personal injury and vehicle accidents. Each department has a responsibility under the PTASP. The Division Director and Contractor staff shall provide the continuing support necessary to achieve the PTASP objectives. A key to the success of this effort is for employees to be aware that they are accountable for safely performing the requirements of their position. The success of the program also depends on all employees actively identifying potential hazards and making a commitment to the safety of others. Treasure Coast Connector must be aware that decisions and actions often affect the safety of those in other operations. By following the processes described in the PTASP, Treasure Coast Connector will continue to improve performance and the safety of the system while creating a culture of safety. Treasure Coast Connector is committed to:  Communicating the purpose and benefits of the SMS to all staff, managers, supervisors, and employees. This communication will specifically define the duties and responsibilities of each employee throughout the organization. All employees will receive appropriate information and SMS training.  Providing appropriate management involvement and the necessary resources to establish an effective reporting system will encourage employees to communicate and report unsafe work conditions, hazards, or at-risk behavior to the management team.  Identifying hazardous and unsafe work conditions and analyzing data from the employee reporting system. After thoroughly analyzing the provided data, the transit operations division will develop processes and procedures to mitigate safety risks to an acceptable level.  Ensuring that no action will be taken against employees who disclose safety concerns through the reporting system unless disclosure indicates an illegal act, gross negligence, or deliberate or willful disregard of regulations or procedures. Page 224 of 433 P a g e | 11  Establishing Safety Performance Targets (SPT) that are realistic, measurable, and data- driven.  Continually improving our safety performance through management processes that ensure appropriate safety management action is taken and is effective. Treasure Coast Connector’s Goals for Safety are established as follows:  Operate a transportation system that achieves an optimum level of safety, exceeding the safety performance of other transit systems of a similar size in the United States.  Identify and evaluate, then eliminate or control hazards to employees, customers, and the public.  Meet or exceed all government and industry occupational health and safety standards and practices.  Maximize the safety of future operations by affecting the design and procurement processes. The objectives of the PTASP are the means of achieving its goals. They also provide a method of evaluating the effectiveness of the Treasure Coast Connector’s safety efforts. The PTASP objectives are:  Integrate safety management and hazard control practices within each of Treasure Coast Connector’s departments.  Assign responsibilities for developing, updating, complying with, and enforcing safety policies, procedures, and requirements.  Verify compliance with Treasure Coast Connector’s safety policies, procedures, and requirements through performance evaluations, accident/incident trends, and internal audits.  Investigate all accidents/incidents, including identifying and documenting the causes for implementing corrective action to prevent a recurrence.  Increase investigation and systematic documentation of near misses.  Identify, analyze, and resolve safety hazards promptly.  Minimize system modifications during the operational phase by establishing and utilizing safety controls at system design and procurement phases.  Ensure that system modifications do not create new hazards.  Provide training to employees and supervisors on the safety components of their job functions. Page 225 of 433 P a g e | 12 Treasure Coast Connector takes these commitments seriously as the lives of Treasure Coast Connector riders, employees, and the public depends on Treasure Coast Connector’s ability to operate in a culture of safety. Accountable Executive means a single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan of a public transportation agency; responsibility for carrying out the agency's Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Accountable Executive. The transit agency must identify an Accountable Executive. The Accountable Executive is accountable for ensuring that the agency's SMS is effectively implemented, throughout the agency's public transportation system. The Accountable Executive is accountable for ensuring action is taken, as necessary, to address substandard performance in the agency's SMS. The Accountable Executive may delegate specific responsibilities, but the ultimate accountability for the transit agency's safety performance cannot be delegated and always rests with the Accountable Executive. ____________________________________________________ Accountable Executive ____________________________________________________ Date Page 226 of 433 P a g e | 13 Safety Management Policy Communication Treasure Coast Connector realizes the importance of ensuring its employees and riders are aware of safety management policies and procedures to manage the system’s day-to-day operations effectively. To do this, the Treasure Coast Connector relies on several forms of effective communication. Employee Communication: Treasure Coast Connector is constantly evaluating existing policies and procedures to verify their effectiveness. Treasure Coast Connector management seeks input from all contractor staff to determine if a change is necessary based on trends, data analysis, operational changes, or new assets. Several methods are used to communicate policy and procedure changes, including:  Employee memorandum through a paycheck, daily manifest of work orders, and agency meetings  Bulletin Board notices  Departmental meetings New policies and procedures are incorporated into orientation training for new employees as well. Depending on the importance of the policy or procedure change, an acknowledgment signature is required by all employees verifying his or her understanding of the change. Communicating with Riders: If a rider policy is changed or added, Treasure Coast Connector notifies riders through the following methods:  Notice posted on vehicle and facilities including effective date and whom to contact for more information  Changes to digital and printed rider guidance, including schedules and ride guides as appropriate  Public Meetings  Website and Social Media  Any services that are impacted by policies changes will include outreach as required by Federal Guidance Page 227 of 433 P a g e | 14 Authorities, Accountabilities, and Responsibilities As mentioned in the Safety Policy Statement, the ultimate authority for the success of this PTASP falls to the Accountable Executive (AE). The Chief Safety Officer (CSO), the administration, and the management team and employees fulfilling their commitment to safety on a day-to-day basis support the AE. Accountable Executive (AE): The Accountable Executive will determine, based on feedback from senior staff and contractor staff, the level of Safety Management System principals to maintain to ensure a safe work environment, rider experience, and community safety. Through its contract services provider, Treasure Coast Connector’s AE is committed to providing employees with the tools and training needed to be successful and safe in their roles with Treasure Coast Connector. The AE will continually strive to create a culture of safety among the employees, and Treasure Coast Connector expects each employee to play a role in maintaining a safe workplace. Treasure Coast Connector’s AE will be responsible for developing an annual transportation budget to provide the necessary funding to support training for new hires and experienced staff while also maintaining assets in a State of Good Repair (SGR) or replacing it if it is no longer able to function as originally intended. The current Accountable Executive, is also the Transit Director, is responsible for implementation and changes to this Plan. Chief Safety Officer (CSO): Treasure Coast Connector will manage the day-to-day adherence to the Safety Plan and, while in this role, report directly to the AE. As CSO, this individual will monitor safety and security throughout the organization, including sub-contractors. All departments have been notified of the CSO’s role and the established reporting requirements relating to safety-related matters. Treasure Coast Connector’s CSO will be responsible for the following:  Developing and maintaining SMS documentation  Directing hazard identification and safety risk assessment  Monitoring safety risk mitigation activities  Providing periodic reports on safety performance  Briefing the Accountable Executive on SMS implementation progress  Planning safety management training Page 228 of 433 P a g e | 15 Role of Staff to Develop and Manage Safety Management Systems (SMS) Accountable Executive (AE) The Accountable Executive (AE), who also serves as Transit Director, will work with the Chief Safety Officer (CSO) and Administrative staff to adjust the PTASP as needed based on staff feedback, trends, and data analysis. The AE is vested with the primary responsibility for the activities of the transit system and overall safety performance. The AE fulfills these responsibilities by providing the resources necessary to achieve PTASP goals and objectives by exercising the approval authority for system modifications as warranted. The AE also sets the agenda and facilitates the cooperative decision making of the management team. Chief Safety Officer (CSO) For purposes of managing the SMS and PTASP, the CSO will report directly to the AE to determine strategy, policy, and goals for maintaining safety and security for passengers, employees, and the public. The CSO will monitor day-to-day operations and work with staff to identify and mitigate risk through evaluation, feedback, and data analysis. Managers and Key Staff Treasure Coast Connector’s contract managers and key staff will be responsible for maintaining high standards of safety, customer service, and security. The Employee Safety Reporting Program (ESRP) will define the employees’ role to identify and mitigate risk through open communication to managers and superiors, including the CSO and AE. Administrative staff will be instrumental in ensuring action is taken to reduce risk, and the whole system is continuously monitored to ensure actions are effective and appropriate. Supervisors Supervisors are responsible for the safety performance of all personnel and equipment under their supervision. They are responsible for the initial investigation of all accidents and incidents and reporting these accidents and incidents to the Human Resources, Risk Management, and Transportation Operations Department. Employees All Treasure Coast Connector/MV Transportation personnel are responsible for performing their work safely and for following established safety-related rules, procedures, and work practices. All accidents, incidents, and hazards must be reported to their supervisor per established requirements to protect themselves, co-workers, customers, facilities, and equipment. Treasure Coast Connector/ MV Transportation staff will be involved with updates, modifications, and implementation of the PTASP. Each staff member brings a valued perspective to the development of policies and procedures they will be expected to implement. Every opportunity will be given for employees and riders to provide input to increasing safety at Treasure Coast Connector. Those opportunities include monthly safety meetings, annual employee meetings and training, department meetings, customer and employee surveys, and an open-door policy with access to all management staff. Page 229 of 433 P a g e | 16 Employee Safety Reporting Program (ESRP) As stated in the Safety Management Policy Statement, the Treasure Coast Connector is determined to provide a safe working environment for its employees, riders, and the public. To ensure success, Treasure Coast Connector has developed an ESRP to enable employees to report any risk or perceived risk to a supervisor, CSO, or member of the administration that is non-punitive. The ESRP is designed to allow employees to report safety conditions to senior management without fear of disciplinary action or termination for reporting unsafe conditions and safety hazards. However, any observable unsafe, high- risk, hazardous behavior or actions taken by employees is not protected under the ESRP and may result in disciplinary action up to and including termination. The ESRP allows each employee to report detailed information and observations, whether they are a driver in service, maintenance staff, or other on-duty employees. This program dovetails with other methods currently in place to identify hazards or threats. Those methods include but are not limited to, the following:  Pre/Post Trip Inspections  Preventive Maintenance Inspections  Employee Evaluations  Facility Maintenance Plan  Service Evaluation and Planning Program  Training Program  Rider and Public Complaint/Compliment Process  Safety and Employee Meetings  Incident/Accident Policies  Safety Committee  Transit Director Open Door Policy Page 230 of 433 P a g e | 17 Hazard Reporting Process Treasure Coast Connector has developed a Hazard Report Form referred to as a Loss Prevention Investigation Report to identify and provide information about hazards observed by employees while on-duty. The form identifies vital information to assist employees in determining an action to mitigate the threat or hazard. This form is not intended to replace accident forms currently being used but instead used in conjunction with the accident forms. It is a proactive reporting method to identify a perceived threat or hazard, potentially endangering employees, riders, or the public. The form serves a dual role as an incident, illness, and near-miss report. The Loss Prevention Investigation Report form is located in Appendix 2 of this Plan. July 1, 2020, all Treasure Coast Connector employees received one hour of training on the procedures associated with the Loss Prevention Investigation Report. The training covered the following areas:  Locations of blank Loss Prevention Investigation Report  When to use a Loss Prevention Investigation Report  Capturing critical information on the form  Notification process depending on the hazard  Proper assessment of the reported hazard  Supervisor and CSO role in completing the form  Follow-up process to determine the effectiveness of mitigation The following process is used as part of the Employee safety Reporting Program (ESRP). Immediate Action Required If you have identified a hazard, which you perceive to be a risk to yourself, fellow employees, passengers, or the public, you must report it immediately to the on-duty supervisor/dispatcher. Once reported, you must determine if immediate action is necessary to prevent additional risk. If so, communicate to the supervisor before taking action if time allows. Once the action has been taken to mitigate the potential harm to yourself, others, or property, advise a supervisor of the results of your actions once you can complete the Loss Prevention Investigation Report with complete information and give it to the supervisor on-duty. Delayed Action Required If an employee determines immediate action is unnecessary and delays, the action is appropriate; a full report must be completed using the Loss Prevention Investigation Report and submitted to the on-duty supervisor. Role of Supervisor The on-duty supervisor is responsible for advising the employee on immediate action or delayed action to mitigate a hazard. The supervisor must then review the Loss Prevention Investigation Report to ensure all information is included adding additional information from their perspective. Once the form is complete, it must be reviewed by the CSO to determine the action necessary, investigate the root cause of the hazard, and follow-up. Page 231 of 433 P a g e | 18 The CSO is responsible for determining the status of each hazard reported. In some cases, hazards may be identified and are not able to be resolved, but actions are taken to reduce the risk of the hazard. It is Treasure Coast Connector’s goal to eliminate all identified hazards if possible. Some hazards may require continuous monitoring to ensure the hazard does not elevate to an action level. All hazard reports will be documented and integrated into current performance measures and data collection. The CSO will track each hazard to completion and recommend policy or procedural changes if needed because of the hazard mitigation. Treasure Coast Connector Responsibility Treasure Coast Connector takes every hazard report seriously and investigates each one to determine if it is an isolated case or emerging trend requiring evaluation of policies and procedures or service modifications. Employees reporting hazards will not face disciplinary action. Treasure Coast Connector wants to encourage all employees to report any hazard or threat they observe and help make the Treasure Coast Connector system as safe as possible for its employees, riders, and the public. Employees may report the hazard to their immediate supervisor or go directly to the CSO to submit and discuss their report. The following process chart illustrates the steps taken as part of the hazard identification process through the Employee Safety Reporting Program (ESRP). Page 232 of 433 P a g e | 19 Section 5. Safety Risk Management Treasure Coast Connector provides training to all personnel to identify hazards and security threats while also providing tools to enable personnel to report these risks. Once the risk has been identified, the Treasure Coast Connector assesses the risk to determine the necessary response and response time. The response may include further investigation or monitoring, action(s) to mitigate the hazard or security threat, and follow-up assessment to ensure action taken is appropriate and effective. Safety Hazard Identification: Treasure Coast Connector used a document called Potential Sources of Hazard Information for Bus Transit Operations Version 1 (September 2019) to guide safety hazard identification. The Federal Transit Administration (FTA) prepared this document to help transit agencies identify potential sources of hazards for analysis through the Safety Risk Management (SRM) process. SRM works within the Agency’s Safety Management System (SMS) to help agencies assess and mitigate safety risks. Source: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/regulations-and- programs/safety/public-transportation-agency-safety-program/134116/potential-sources-hazard- information-bus-transit-operations.pdf Hazard and security threats are identified through different methods of monitoring the system. This includes system, employee, and asset assessments conducted daily and on an incremental basis. Treasure Coast Connector management staff in the maintenance and operations department engage in a process for identifying and assessing changes that may introduce new hazards or impact the transit agency’s safety performance. Treasure Coast Connector conducts the following routine and random evaluations of the system in the following areas: Personnel Each Treasure Coast Connector employee is evaluated annually to ensure they are performing their job to the expectations of the Agency. As part of their orientation, the employee is provided training and tools to perform their job while not receiving permanent status until completing 90 days of employment. During the 90 days, the employee is evaluated to determine if they are properly prepared to perform their job. Additional observations of the employee will be conducted throughout the year. These observations consist of one on one conversations with supervisors. If, through observation and feedback or annual evaluation, it is determined, the employee’s performance does not meet expectations or training standards, remedial training will be provided, and additional evaluations will take place to ensure remedial training was effective. Assets Rolling stock, facilities, and equipment are monitored through a vigorous preventive maintenance plan to identify hazards and deficiencies as part of daily and scheduled inspections. Operations and Maintenance Departments coordinate the preventive maintenance program, including daily Vehicle Inspection Reports, incremental and annual inspections for facilities and equipment. The maintenance department reviews floor plan specification for new bus purchases. Page 233 of 433 P a g e | 20 Transit Asset Management To meet Treasure Coast Connector’s goal of achieving business benefits derived from an asset management approach that focuses on customer service improvements, increased productivity and cost containment, optimized resource allocation, and improvement in communications to stakeholders and consumers, the following objectives have been established in a Transit Asset Management Plan (TAM):  Establishes an inventory of current Treasure Coast Connector assets  Documents the current condition of the assets  Lists procedures in place to maintain the assets in a State of Good Repair (SGR) as defined by the FTA  Presents best practices guidelines for continuing fleet operation while maintaining effective transit asset management Treasure Coast Connector updates the FTA required Transit Asset Management (TAM) Plan annually with data relevant to each asset to include a condition assessment, miles (with rolling stock and non- revenue vehicles), and age as to whether the asset is in a State of Good Repair (SGR). Treasure Coast Connector defines the State of Good Repair (SOGR) as “the condition of an asset where the asset, at a minimum, is capable of delivering the required performance safely and reliably for a predetermined period.” State of Good Repair may include short or long term, full or partial replacement/rehabilitation based on Treasure Coast Connector’s needs. Critical to the safety and performance of a public transportation system is the condition of its capital assets—most notably, its equipment, rolling stock, infrastructure, and facilities. The TAM Plan allows Treasure Coast Connector management to collect and use asset condition data, set targets, and develop informed strategies to prioritize investments to meet their state of good repair goals. The following are three specific elements of the connection between Treasure Coast Connector’s Safety Plan and Transit Asset Management Plan: 1. Treasure Coast Connector asset condition assessments will direct and inform Treasure Coast Connector’s SMS of assets in poor condition and pose a risk that might negatively affect performance, reliability, or quality of service. 2. Treasure Coast Connector’s SMS will provide valuable input to the TAM Plan and help evaluate investment strategies and prioritizing fleet, facilities, and equipment rehabilitation and replacement. 3. Treasure Coast Connector’s Accountable Executive is ultimately responsible for risk management and safety assurance under Treasure Coast Connector’s SMS and has a focused decision-making role in the TAM Plan and investment prioritization understanding the relationship between safety and asset management. System As part of Treasure Coast Connector’s safety management system monitoring, the agency uses service safety evaluations when responding to an event like an accident or incident. Existing routes are examined for areas of improved safety when a safety incident or event occurs. New routes are Page 234 of 433 P a g e | 21 strategically developed, with safety being the top priority and passenger access second. Treasure Coast Connector route planners plan and test all routes before activating the route for revenue service. All routes are reviewed periodically to determine if environmental hazards may require modification to the route, schedule, or vehicle. All frontline staff members are trained to note any changes to service, which may be considered a hazard or security threat, and through the ESRP, notify their supervisors immediately or upon return to Treasure Coast Connector depending on the severity of the hazard. Hazard Identification Procedure Any employee seeing something through inspection or observation they deem to be a hazard are instructed to immediately report that hazard to the immediate supervisor regardless of the perceived level of threat. Depending on the situation, either the immediate supervisor or the employee will complete a Loss Prevention Investigation Form and submit it to the CSO. If the hazard requires immediate mitigation, the employee will be instructed to reduce the risk, which may or may not alleviate the risk completely. Additional actions may be taken once the immediate risk mitigation has been taken. Some hazards may not pose an immediate risk but are still reported to the CSO, responsible for risk assessment, investigation, and mitigation strategy. In some cases, a passenger or member of the public may call Treasure Coast Connector a complaint about a frontline employee, which may rise to the level of dangerous behavior or actions. Treasure Coast Connector currently documents all customer complaints/compliments and takes appropriate action to investigate any complaints. Complaints deemed hazardous will trigger immediate action by on-duty supervisors. Loss Prevention Identification Forms will be located on all vehicles and standard safety kits for accident and incident reporting, with all Customer Service Representatives (CSR)’s, Dispatch, Operations, and Maintenance Departments. A copy of the form is in Appendix 2. The Loss Prevention Investigation Form will require the employee to briefly describe the hazard stating the date, time of day, location, and other pertinent information. The form includes a section for the CSO or immediate supervisor to document immediate action taken to reduce risk, a risk assessment chart prioritizing the risk, and a section for additional follow-up action. All forms will be processed by the CSO and summarized periodically for trend analysis and include in safety performance measures. Safety Risk Assessment All Treasure Coast Connector staff are provided with training appropriate for their positions within the organization. Treasure Coast Connector expects its employees to respond to hazards or threats with professional judgment, as sometimes there might not be time to contact a supervisor to prevent an emergency event. If the hazard can be reported without immediate risk, the employee will make an initial assessment of the risk as part of their report. Information collected from accident reports, safety reporting programs, observations, reviews, and the investigation is used to rate the risk; this allows the agency to prioritize its risk based on severity. Page 235 of 433 P a g e | 22 Risk Assessment Matrix Likelihood/ Severity Catastrophic (1) Critical (2) Marginal (3) Negligible (4) Frequent (A) HIGH HIGH HIGH MEDIUM Probable (B) HIGH HIGH MEDIUM MEDIUM Occasional (C) HIGH MEDIUM MEDIUM LOW Remote (D) MEDIUM MEDIUM LOW LOW Improbable (E) LOW LOW LOW LOW Safety Risk Index/ Level Criteria by Index HIGH- Level 1 Unacceptable – Action Required: Safety risk must be mitigated or eliminated. MEDIUM- Level 2 Undesirable – Management Decision: Executive management must decide whether to accept safety risk with monitoring or require additional action. LOW- Level 3 Acceptable with Review: The safety risk is acceptable pending management review. Page 236 of 433 P a g e | 23 Once received by the CSO, the initial risk assessment may be amended, requiring an immediate, short, or long-term response. Level 1 - Immediate: A deficiency, threat, or hazard requiring immediate attention to mitigate risk temporarily until further action can be taken or complete mitigation. Level 2 - Short Term: Action is needed within seven days to mitigate an identified deficiency, threat, or hazard. The deficiency, threat, or hazard does not pose an immediate danger, but if no action is taken could elevate to an immediate level risk. Level 3 - Long Term: A deficiency, threat, or hazard has been identified but does not pose a threat currently but could later. Continued monitoring and awareness are required. The CSO, in coordination with staff, will investigate each identified hazard, assess the risk, and take appropriate action to mitigate the risk. Additional mitigation may be needed based on follow-up monitoring to the action taken. Safety Risk Mitigation In response to all identified and assessed hazards, Treasure Coast Connector will take steps to mitigate the hazard and reduce or eliminate the risk to employees, riders, and the public. Mitigation strategies will be dependent on the results of an investigation into the elements contributing to the risks. The investigation may include more than one department and may include interviews outside of the transit system. Actions to mitigate risk will include all employees, riders, and the public who may be impacted by either the hazard or the actions to reduce or alleviate the risk. Treasure Coast Connector will communicate actions to appropriate staff through methods of appropriate risk assessment. In some cases, immediate communication through two-way communications (dispatch system, text burst, email, or web alert) may be necessary. In other cases, bulletin board notices or memorandum posting may be appropriate. Page 237 of 433 P a g e | 24 Once a risk mitigation strategy has been implemented, Treasure Coast Connector will monitor the actions to determine if full mitigation is possible and, if not, is additional action necessary to alleviate the risk or is stepped up monitoring necessary. Some risks may not be completely mitigated, but awareness of the risk will is a top priority. All actions taken to mitigate risk will be documented and linked to the initial deficiency, threat, or hazard identification step. Section 6. Safety Assurance Performance Monitoring and Measurement Safety performance monitoring and measurement involve the continual monitoring of the transit agency’s activities to understand safety performance. Through these efforts, Treasure Coast Connector can determine whether it is meeting its safety objectives and safety performance targets, as well as the extent to which it is effectively implementing Safety Management Systems (SMS). Treasure Coast Connector is constantly striving to maintain the highest level of safety through its monitoring methods to include adherence to policies and procedures, safety and maintenance plans, and system and employee evaluation processes. These methods allow Treasure Coast Connector to determine the need to make changes to improve policies, employee training, and service delivery. Safety Committee The safety committee oversees procedures and processes that directly and indirectly affect the safe operation of Treasure Coast Connector’s bus and paratransit systems. The Safety Committee shall review and make recommendations for improvements in training for operators, field Supervisors, vehicle, and facility maintenance. They shall review and provide recommendations for improvements in operations and maintenance procedures and practices to include road calls and pre-trip inspections of revenue service vehicles. Changes to the bus system’s configuration shall be reviewed by the Safety Do c u m e n t Step 4 Evaluate Monitor Step 3 Mitigate Communicate Step 2 Assess Investigate Step 1 Identify Hazard Communicate Page 238 of 433 P a g e | 25 Committee for information purposes and ensure all affected areas remain in compliance with the PTASP and Configuration Management. The membership of the Safety Committee shall be represented by a member of operations, safety and training, vehicle maintenance, planning, and customer service. The Accountable Executive (AE) shall oversee the Safety Committee and shall hear any disputes arising from the Safety Committee findings and recommendations. The Safety Committee will meet and conduct inspections quarterly. Maintenance Maintenance Standards and Procedures Standards and procedures are included in the MV Maintenance Plan. In general, maintenance procedures are designed to ensure that the maintenance recommendations of the manufacturer are met, maximum efficiency in performance and operation is obtained, and maximum bus life and condition are maintained. Daily bus inspections, and active Preventive Maintenance Program, and careful monitoring are included in procedures to ensure the safety of buses and adequacy of the Fleet Maintenance Plan. Operator Inspections All operators must perform a pre-trip and post-trip inspection to ensure that the vehicle is safe and in good operating condition. If the operator notes any defects, a Defect Slip is completed, and, depending on the severity and extent of the defect, the vehicle may be repaired or taken out of service until a repair is completed. Daily Servicing and Inspections The MV Maintenance Department inspects and services buses used in revenue service each day. The buses are fueled and washed, all fluids are checked, tires and lugs are checked, and the vehicle is inspected for any leaks or unusual noises. The Cleaners clean the bus interiors each day. When a defect is noted, it is reported to the Lead Mechanic or Supervisor on shift so that evaluation and, if necessary, a repair can be conducted. Mileage-Based Maintenance Inspections All buses receive preventive maintenance inspections (PMI) at designated mileage intervals. Oil sampling is performed periodically for both engines and transmissions. A description of the schedule and type of inspection and service performed for each bus series is included in the MV Maintenance Plan. Operations Page 239 of 433 P a g e | 26 Facility Monitoring Formal facility inspections of all Treasure Coast Connector facilities and grounds are conducted by Treasure Coast Connector Maintenance/Safety/Facilities quarterly using a facility checklist. The purpose of the inspections is to identify any unsafe or unhealthy conditions that may exist and that may require maintenance or modification. Each facility is also visually inspected for compliance with OSHA and local fire codes. Treasure Coast Connector’s administration facility requires all visitors to check-in and provides a visit purpose. Employees are trained on procedures for visitors in the workplace, and facility access is limited through security systems. Frequency The Safety Committee conducts its safety inspections quarterly. Mechanics and Facilities Maintenance employees look for potential hazards with equipment whenever they are using that equipment. The vehicle hoists, chain pulls, and lifts in the vehicle maintenance shop are inspected annually by contractors. Preventive maintenance of equipment and facilities is performed following the manufacturer’s recommended practice. Hazards are also identified by analyzing work accident trends, through Loss Prevention Investigation Forms submitted by employees. Forms are used by employees to report safety concerns and to make safety recommendations. Reporting When deficiencies are noted during quarterly inspections, they are documented and reported to the director of the department in which the safety hazard is located. When safety hazards are noted by non-scheduled observation, they must be reported by the observer to a supervisor or CSO. Loss Prevention Investigation Forms are routed to the department, Chief Safety Officer or director best equipped to evaluate the concern and, when necessary, propose a resolution. Hazard Resolution The primary purpose of facility inspections and hazard reporting is to identify conditions that could lead to accidents and losses. Given this, all departments and employees must be involved in the Facility Inspection and the Hazard Identification and Resolution processes. Hazard resolution is related to the severity of the hazard and the probability and severity of a negative consequence. Follow-up Corrective action for a real hazard that has been identified by any established process is the responsibility of the director of the department area in which the hazard exists or the CSO. This includes arranging for the services of other Treasure Coast Connector departments or outside parties, as necessary, to eliminate or control the hazard. Documentation Hazards identified, proposed resolutions, and corrective actions are recorded in hard copy by the Safety Committee and maintained by CSO. All frontline personnel is responsible for monitoring safety and security as part of their respective positions. If a hazard is identified through observation or interaction with customers or the public, it is reported to the immediate supervisor and following MV’s hazard reporting process. Page 240 of 433 P a g e | 27 Employee Hazard Reporting Loss Reports Employees can fill out a Loss Prevention Investigation Report Form, which is turned into the affected department and the CSO, and talk with a supervisor or the Operations Manager. They can also contact a Safety Committee member, comprised of a cross-section of Treasure Coast Connector or MV team members. Depending on the severity/risk of the hazard identified, immediate action may be taken, or the input will be brought to the Safety Committee for discussion. Feedback will be provided to the employee on what action, if any, will be taken. All employees follow the Employee Hazard Reporting Program Policy. Route/Operations Safety Employees can fill out a Loss Prevention Investigation Report Form or discuss suggestions for making the system/route safer. Treasure Coast Connector and MV encourage employees to be advocates for safety while also suggesting methods of increasing performance. Management has an open-door policy and makes clear the importance of employee feedback, positive and negative. Safety Events Accident and Incident Reporting Process All accidents and loss incidents are to be investigated. Treasure Coast Connector’s safe driving standards require the professional, safe performance of all operators. To ensure better than average safety performance, Treasure Coast Connector employs the National Safety Council guidelines to determine if a collision or onboard incident could have been prevented. All personnel operating any Treasure Coast Connector vehicle are held to this standard. The Treasure Coast Connector Operator’s Manual includes procedures and responsibilities for accident/incident investigation. The combined manuals establish procedures for accident notification, response, and investigation. Transit Operations coordinates with outside law enforcement agencies if they investigate an event. Administrative staff coordinates with outside insurance providers and supports Treasure Coast Connector departments and independent investigation to manage Treasure Coast Connector liability and claims. Most accidents and incidents involving Treasure Coast Connector are relatively minor in severity and are investigated by operations field supervision. Since most accidents involve buses, this section focuses on bus accidents. However, all non-bus accidents and incidents are also investigated. Notification Bus Operators notify the operations system supervisor anytime a Treasure Coast Connector vehicle might have been damaged, anytime a Treasure Coast Connector vehicle and another vehicle come into contact, or anytime an instance occurs where a customer may have been injured. The operations supervisor will be directed to the scene of an accident. Police and ambulance will be dispatched, if necessary. Page 241 of 433 P a g e | 28 At-Scene Procedures Bus operators will adhere to the following procedures defined in the Treasure Coast Connector Operator’s Manual:  Assist the injured  If blocking traffic, set out reflective triangles  Do not move the coach unless required to do so by an Operations Supervisor, fire or police order, or impending danger from traffic  Obtain names, addresses, and phone numbers of all witnesses  Have all customers sign the customer list  Contact dispatch for supervisor support Operations supervisors are responsible for conducting on-scene investigations of accidents and incidents. Depending on the severity and the nature of the event, various mechanisms will be used for preserving transient evidence. These may include digital photography, bus video, field sketches, other available video, interviews, and observations. Investigation An attempt is made to complete the investigation of most accidents within three days. Operations supervisors are required to complete an Accident/Incident Report. Operators are also required to complete an Accident Information Report. The Supervisor is required to file the report and attach all relevant backup documentation for use by the Director of Operations and the CSO. A Report of Injury Form must be completed if an employee suffers an injury or illness due to an accident or incident. Accident Review Process Accident Review Committee The Accident Review Committee is comprised of five members, which include two bus Operators, a Maintenance Employee, and 2 Supervisors with the Safety Director as chairman and a staff member from the Transit Division. Accident reports and evidence are reviewed, analyzed, and each committee member confidentially decides who is responsible for an accident. Accidents and Incidents are classified as Preventable or Non-Preventable. A preventable accident is when the employee failed to do everything reasonable to prevent it, as defined by the National Safety Council. A non-preventable accident is one in which the employee was not at fault Any employee who has been determined to have had a preventable accident is informed by letter, explaining the reason for the decision and the opportunity to appeal that decision in person at the Accident Review Committee (ARC). Page 242 of 433 P a g e | 29 It is the responsibility of an employee desiring to appeal to submit a letter of request to the Operations Manager, no later than ten days before the next ARC meeting. Failure to comply with the established time limits shall relinquish the employee’s right to appeal. If the employee wishes to have Union representation, it is their responsibility to make contact and arrangements. An employee appealing to the committee explains the accident situation, presents any new evidence, and answers questions the members may have. After the appeal, the committee again reviews the accident circumstances and votes on a decision, which is final. The Accident Review Committee also reviews all on-the-job injury accidents resulting in lost time and or an incurred medical bill, as well as any safety issues, in efforts to reduce accident occurrences. Hazard Resolution The primary purpose of the Accident Investigation process is to determine the root cause(s) of accidents so that they may be prevented or mitigated in the future. To this end, it is crucial that all relevant departments be appropriately involved in the Process. A serious attempt is made to use lessons learned through the investigatory process to incorporate hazard resolutions into future procedures, designs, construction, modifications, training, and procurements. Follow-up Follow-up in the form of corrective actions is the responsibility of the employee’s director. The responsibility may be delegated to the employee’s manager, supervisor, or CSO. Any disciplinary action will be assessed using the Collective Bargaining Agreement procedures or the Administrative Handbook. Disciplinary consequences for accidents may include warnings, suspensions, and discharge. Internal Reporting The Operations Supervisor is responsible for ensuring that all accident reports are completed and filed in the appropriate office. Human Resources will advise on the history of the employee if a pattern of safety events is evident. Documentation Transit Operations and Human Resources and CSO maintain the accident investigation documentation. Continuous Improvement of Safety Performance If Treasure Coast Connector identifies safety deficiencies as part of its safety performance assessment, Treasure Coast Connector will develop and carry out, under the direction of the Accountable Executive, a plan to address the identified safety deficiencies. Through a series of performance measures relative to operations, maintenance, and safety, Treasure Coast Connector can monitor the system’s safety by identifying trends and gaps in policies, procedures, training, and monitoring efforts. The following performance measures are on a daily, monthly, and quarterly basis. Page 243 of 433 P a g e | 30 Maintenance  Preventive Maintenance On-time Inspection Percentage – determines the effectiveness of the maintenance department to ensure all inspections are conducted per manufacturing and Treasure Coast Connector mileage intervals.  Vehicles Removed From Revenue Service – track vehicles removed from service due to a mechanical defect developed while in service requiring immediate service either on-site of failure or once returned to the facility.  Annual Vehicle Condition Assessment – through annual inspection, determines on a scale of 1-5 the overall condition of the asset. This performance measure is also used in annual updates of Treasure Coast Connector’s Transit Asset Management Plan. Operations  Customer Complaints Per Month – tracks all customer complaints to identify areas of deficiency with vehicle, driver, or other Treasure Coast Connector areas. Safety-related complaints are immediately routed to a supervisor on-duty or the CSO for investigation mitigation and response. Complaints may be a result of phone calls, the website, or Treasure Coast Connector public forums.  On-time Performance – serves as an indicator of issues with time management, environmental factors, scheduling, and vehicle and driver performance.  On-board Surveys – conducted annually, allow Treasure Coast Connector to receive rider feedback about bus operator performance, customer service, and vehicle safety. Safety  Safety Performance Measure: Fatalities (total number of reportable fatalities and rate per total vehicle revenue miles by mode)  Safety Performance Measure: Injuries (total number of reportable injuries and rate per total vehicle revenue miles by mode)  Safety Performance Measure: Safety Events (total number of reportable events and rate per total vehicle revenue miles by mode)  Safety Performance Measure: System Reliability (mean distance between major mechanical failures by mode) 7. Safety Promotion Communication of Treasure Coast Connector safety and safety performance information is achieved primarily through Treasure Coast Connector’s Safety Management Policy and includes:  Information on hazards and safety risks relevant to employees ’ roles and responsibilities, and Page 244 of 433 P a g e | 31  Safety actions are taken in response to reports submitted through an employee safety reporting program ESRP Treasure Coast Connector has a comprehensive safety training program for all employees and sub-contractors directly responsible for safety. Treasure Coast Connector’s Safety program includes appropriate training for employees at all levels in all departments. Operator Selection Hiring Practices Selecting applicants best suited to excel at the Bus Operator job requirements is critical to safe transit operations. The transit Bus Operator is directly responsible for the safety of not only the passengers, but also the pedestrians, bicyclists, drivers, and all others who share the road with the transit vehicle. Treasure Coast Connector’s hiring process includes the following components: Applications Applicants are sought through postings in traditional and culturally diverse media, referrals from current employees, posted in public facilities, a local newspaper, MV’s website, and applications filed by prospective candidates when there are no positions available. The applications are screened by key personnel in Human Resources and Transit Operations. Interview After application reviews, applicants are then interviewed by a panel comprised of an Operations Supervisor, an Operator/Instructor, and an HR or other administrative staff person. The interview process is designed to evaluate a candidate’s strengths in customer service, the ability to simultaneous perform tasks, conflict resolution, and the ability to perform well under temporal and interpersonal pressure. Driving Record To be eligible for hire, a candidate must submit an acceptable driving record that meets the minimum hiring requirements with Treasure Coast Connector. Licensing To be eligible for hire, a candidate must be able to earn a CDL with a Passenger and Air Brake Endorsement. Criminal Background Check To be eligible for hire, a candidate must submit to a Criminal Background Check administered by the Florida Department of Elder Affairs and other state and federal agencies. The results must meet all statutory and Treasure Coast Connector standards for the Bus Operator position. Drug Testing To be eligible for hire, a candidate must produce a negative result for a pre-employment drug test. Physical Capacities Testing To be eligible for hire, a candidate must pass a position-specific physical capacities test. Page 245 of 433 P a g e | 32 Training There are formal training programs for Bus Operators, Maintenance employees, and Operations employees. These include training classes, manuals, Treasure Coast Connector Standard Operating Procedures, and on-the-job training. The safety component of training is designed to make employees aware of the hazards of their jobs and the appropriate methods for controlling these hazards. The training is intended to motivate employees to work safely. The three main categories of training are (1) Initial, (2) Periodic, and (3) Remedial or Refresher. Initial Bus Operator Training New Bus Operators receive intensive training. The training is from 5 to 8-week long. The training course covers every aspect of their new job. Some components of the training are delivered in the classroom. The majority of learning occurs on the buses during off-route and on-route training. The training includes, but is not limited to, the following areas:  Smith System Defensive Driving  Bicycle and Pedestrian Awareness  Orientation to Treasure Coast Connector Bus System  Basic Bus Maneuvers  System Procedures  Communication skills  Customer Service  Accessible Service  Emergency Management  Fleet Services  Personal Safety  Health/Injury Prevention  Stress Management  CDL Preparation  On-route Training  Road Rage / Work Place Violence  Active Shooter  Security Awareness / See It Say It Program  Fatigue Awareness Page 246 of 433 P a g e | 33 On-route training provides real service experience with an Operator Instructor on the new operator’s regularly scheduled work. The time the new employee operates the revenue route is increased daily. Each day the student receives a full review and debriefing from his or her instructor. Instructors communicate with one another regarding where additional training for new operators is required. Student rotation among the Operator Instructor group provides each student with experience across various routes, vehicles, times of day, instructional styles, and driving conditions. After the initial training, new Bus Operators receive additional support and training as needed. Annual Training for All Bus Operators Every year, each bus operator receives one full day of refresher and topical training. The training addresses, but is not limited to, the following topics:  Fatigue Awareness  Dealing With Difficult People  Resolving Conflict  Harassment  Effectively Dealing With People of Differing Ages  Proper Securement of Mobility Devices  Defensive Driving Course  Blood borne Pathogens  Safety/Security Update  Injury Prevention  Accessible Service Sensitivity  PTASP Initial Operation Supervisor Training Transit Operations Supervisors begin their career path, almost exclusively, as bus operators who first work in the position of temporary supervisor or dispatcher. A temporary supervisor performs many functions of the full supervisory position and receives training in, but not limited to, the following areas:  Drug & Alcohol (Policy and procedures for all types of FTA-mandated testing)  Accident Investigation (based on the TSI model)  Emergency Procedures  Security Procedures  On-the-job Injury Claims  Blood Borne Pathogens  Data Entry and Recordkeeping  Sexual Harassment Page 247 of 433 P a g e | 34  Cultural Diversity  Coaching/Criticism/Discipline  Dispatch Operations  Field Operations  First Aid and Defibrillator  Basic Writing  Road Rage  Conflict Resolution  Right to Know  Safe Place Injury and Illness Prevention Training Injury and Illness Prevention Training is directed toward achieving a safe working environment for all employees and reducing the chance of occupational-related injuries and illnesses. The majority of training targets employees working in the Maintenance and Facilities Maintenance Departments because they have the greatest exposure to occupational hazards. The program is based on applicable Federal, State, and local safety codes and regulations. Some areas addressed in training include:  Handling Hazardous Materials (Right to Know)  Slips, Trips, and Falls / Fall Protection  Personal Protection Equipment  Material Safety Data Sheets (MSDS) and Labels  First Aid  Portable Lift Safety  Forklift Inspections and Safety  Spotter Backing Out Vehicle from Shop Training  Fueling Procedures Propane Leak-fire Procedures  Tire Machine Safety Training  Electric Chord Safety  Blood borne Pathogens  Hazardous Materials Storage  Spill Response Page 248 of 433 P a g e | 35 Emergency Response Planning and Coordination Details are contained in the Treasure Coast Connector Emergency Action Plan and Evacuation Request Procedures. System Modification Design Review and Approval General Process The Treasure Coast Connector bus system is regularly modified in response to operational experience, the addition of new types of service, and changes in service design and levels. Treasure Coast Connector’s philosophy is to use appropriate new technologies to benefit the environment and the community it serves. The challenge is to review any proposed modification adequately before it is approved. Any proposed modification should be evaluated to ensure it is compatible with existing systems and does not introduce new hazards to the system or reduce the effectiveness of existing hazard controls. Equipment modifications may be proposed by any employee of any department that uses the equipment. Changes may also occur from an analysis of reliability performance, historical data, and available improvements in equipment design and components. Modification Design Review The director and managers shall make a review of any modification in the equipment design of the department responsible for the equipment. It is an informal practice to include human resources and operations in the review regarding any change that might affect safety. The impact on the safety of all designs and specifications should be identified and evaluated before the change is approved. Some of the areas to be considered include but are not limited to:  Hazardous Materials (handling and use)  Motor Vehicle Safety  Human Factor  Occupational Health and Safety  Materials Compatibility  Fire Protection  Lighting  Braking systems  Mirrors  Warning Devices Modifications must not be made before determining how they might affect the safety of the system or any other systems. Other departments may evaluate a proposed change to determine its compatibility with other systems (e.g., hoists, fueling systems, communications systems). The evaluation may also Page 249 of 433 P a g e | 36 include a review of applicable regulations, such as the Federal Motor Vehicle Safety Standards and Regulations and the U.S. Department of Labor’s Occupational Safety and Health Act. Testing may also be performed to evaluate the safety of a proposed modification. The testing of small changes may be minimal. For substantial modifications, extensive field testing, mock-ups, and structural evaluations may be employed. Modification Design Approval Final approval is generally made by either the Director of Maintenance or the Assistant Transit Director of Operations and Maintenance with the concurrence of the Chief Safety Officer (CSO) and the Accountable Executive (AE). When modifications are made by a bus manufacturer, the Director of Maintenance works with the manufacturer, and contractual changes may be made. If changes are substantial, additional training will be provided for maintenance and operation staff. Monitoring Once a modification is put in place, feedback from the operating department is solicited to evaluate the performance of the modification. Unsolicited input from the operating department and its employees (end users) is also encouraged. Depending on the nature of the modification, the Human Resources, Planning, and the Safety Committee may be involved in the process. Documentation The Maintenance Department is responsible for documenting any vehicle or facility modifications. Documentation may involve changing diagrams, schematics, manuals, service bulletins, service intervals, standard operating procedures, and Material Safety Data Sheets. Maintenance Supervisors are responsible for updating Safety Data Sheets based on input from product manufacturers. Routes The Scheduler designs Para Transit Route modifications. Planning may use a current Bus Operator to test routing. This experience-based, real-world process is designed to protect the safety of the transit bus, transit passengers, other vehicles, and pedestrians. The Scheduler informs the Operations Department and Safety Committee of any proposed route modifications. The Scheduler can request that the Committee evaluate a specific proposal, or the Committee can choose to evaluate any proposed modifications. Transit operations management may request a route modification it believes will improve operations. It may also choose to evaluate a modification that has been proposed by another department. Input from individual Bus Operators is encouraged through the Loss Prevention Investigation Form, direct communication, and periodic surveying of Operators conducted by Schedulers. Finally, the Scheduler maintains a cooperative working relationship with the appropriate planning and road departments of all municipal levels of government within which Treasure Coast Connector operates. Page 250 of 433 P a g e | 37 Additional Information The Treasure Coast Connector PTASP was developed from documents, policies, and procedures and manuals. Those documents are listed below:  Treasure Coast Connector Employee Handbook  Vehicle Maintenance Plan  Facility Maintenance Plan  Training Manual Page 251 of 433 P a g e | 38 Appendix 1 Glossary Accident means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of rail transit vehicles; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. Accident Review Committee engages in the accident review process reviewing accident reports and evidence, and each committee member confidentially decides of responsibility for an accident. Accidents and Incidents are classified as Preventable or Non-Preventable Accountable Executive (AE), (typically the highest executive in the agency) means a single, identifiable person who has ultimate responsibility for carrying out the Safety Management System of a public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the agency’s Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency’s Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Chief Safety Officer (CSO) an individual who manages the day-to-day adherence to the Safety Plan and, while in this role, reports directly to the Accountable Executive (AE). As CSO, this individual will monitor safety and security throughout the organization, including sub-contractors. All departments have been notified of the CSO’s role and the established reporting requirements relating to safety-related matters. Employee Safety Reporting Program (ESRP) a program developed to enable employees to report any risk or perceived risk to a supervisor, CSO, or member of the administration that is non-punitive. The ESRP is designed to allow employees to report safety conditions to senior management without fear of disciplinary action or termination for reporting unsafe conditions and safety hazards. Event means an accident, incident, or occurrence. Fatality means a death or suicide confirmed within 30 days of a reported event. It does not include deaths in or on transit property resulting from illness or other natural causes. Reported in National Transit Database (NTD) data sheet S&S-40 Florida Department of Transportation (FDOT) the state department of transportation responsible for administering transit grant programs to eligible recipients. Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Incident means any event that involves any of the following: a personal injury that is not serious; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a transit agency. Injury is defined as any damage or harm to persons due to an event that requires immediate medical attention away from the scene—reported in National Transit Database (NTD) data sheet S&S-40 for a major event and SS-50 for a non-major event. Page 252 of 433 P a g e | 39 Major Mechanical Failures is defined as a failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because the actual movement is limited or because of safety concerns. Reported in National Transit Database (NTD) data sheet S-20 National Transit Database (NTD) The NTD was set up by Congress in 1974 to be the repository of data about the financial, operating, and asset conditions of American transit systems. The NTD is designed to support local, state, and regional planning efforts and help governments and other decision-makers make multi-year comparisons and perform trend analyses. OSONOC Other Safety Occurrence Not Otherwise Classified The Public Transportation Agency Safety Plan (PTASP) safety plan integrates safety into all Treasure Coast Connector system operations. The safety plan describes the policies, procedures, and requirements to be followed by management, maintenance, and operations personnel to provide a safe environment for employees, customers, and the general public. The goal of this program is to eliminate the human and fiscal cost of avoidable personal injury and vehicle accidents. Passenger means a person other than an operator who is on board, boarding, or alighting from a vehicle on a public transportation system for the purpose of travel. Transportation Planning Organization Transportation Planning Organization (TPO) is the duly designated and constituted body responsible for carrying out the urban transportation planning and programming process for designated. Safety Assurance means the process within a transit agency’s Safety Management System that functions to ensure the implementation and effectiveness of safety risk mitigation and to ensure that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Event is defined as a collision, derailment, fire, hazardous material spill, the act of nature (Act of God), evacuation, or OSONOC occurring on transit right-of-way, in a transit revenue facility, in a transit maintenance facility, or involving a transit revenue vehicle and meeting established National Transit Database (NTD) thresholds. Reported in National Transit Database (NTD) data sheet S&S-40 for major event and SS-50 for non-major event Safety Committee is charged with overseeing procedures and processes that directly and indirectly affect the safe operation of the Bus and Paratransit Systems. The Safety Committee shall review and make recommendations for improvements to system operations and maintenance by conducting quarterly inspections and audits of facilities, vehicles, operations, and maintenance personnel standard operating procedures, processes, and practices. Safety Management Policy means a transit agency’s documented commitment to safety, which defines the transit agency’s safety objectives and the accountabilities and responsibilities of its employees about safety. Safety Management System (SMS) means the formal, top-down, data-driven, organization-wide approach to managing safety risk and assuring the effectiveness of a transit agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Page 253 of 433 P a g e | 40 Safety objective means a general goal or desired outcome related to safety. Safety performance means an organization’s safety effectiveness and efficiency, as defined by safety performance indicators and targets, measured against its safety objectives. Safety performance indicator refers to a data-driven, quantifiable parameter used for monitoring and assessing safety performance. Safety Performance Measure is an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Safety performance monitoring means activities aimed at quantifying an organization’s safety effectiveness and efficiency during service delivery operations, through a combination of safety performance indicators and safety performance targets. Safety performance target means a quantifiable level of performance or condition, expressed as a value for a given performance measure, achieved over a specified timeframe related to safety management activities. Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the transit agency’s public transportation system. Safety risk means the assessed probability and severity of the potential consequence(s) of a hazard, using as reference the worst foreseeable, but a credible outcome. Safety risk assessment means the formal activity whereby a transit agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks. Safety risk mitigation means the activities whereby a public transportation agency controls the probability or severity of the potential consequences of hazards. Safety risk probability means the likelihood that a consequence might occur, taking as reference the worst foreseeable–but credible–condition. Safety risk severity means the anticipated effects of a consequence, should it materialize, taking as reference the worst foreseeable–but credible–condition. Security Event means an occurrence of a bomb threat, bombing, arson, hijacking, sabotage, cybersecurity event, assault, robbery, rape, burglary, suicide, attempted suicide (not involving a transit vehicle), larceny, theft, vandalism, homicide, CBR (chemical/biological/radiological) or nuclear release, or other events. Serious Injury means any injury which: (1) Requires hospitalization for more than 48 hours, commencing within seven days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface. Page 254 of 433 P a g e | 41 State of Good Repair means the condition in which a capital asset can operate at a full level of performance. System Reliability is defined as measuring the mean distance between major mechanical failures in a transit system and usually measured by mode. Vehicle Revenue Miles (VRM) Means the miles that vehicles are scheduled to or travel while in revenue service. Vehicle revenue miles include: • Layover/recovery time. Exclude: • Deadhead; • Operator training; • Vehicle maintenance testing; and • School bus and charter services. Page 255 of 433 P a g e | 42 Appendix 2 Loss Prevention Investigation Report Form Ref: 1 Version: 1 Hazard identified: Conducted by: In attendance: Location of Hazard: Date: What is the hazard? What are the risks associated with the hazard? People/person who may be affected by the hazard: What has already been done to control the hazard? (Note: leave this section blank if nothing has been done) Initial risk rating: low moderate high critical catastrophic (Note: further action needs to be taken if the initial risk rating for the hazard is higher than “low”) What further action needs to be taken? (eg. provide training, review of safe work procedure, provide manual task equipment, etc.) By when (date): Residual risk rating: low moderate high critical catastrophic (Note: the residual risk rating should be “low” at this stage; if this is not the case, think of a more effective way to control the hazard) Completion date: Completed by: Version 1 03162020 Page 256 of 433 P a g e | 43 Appendix 3 Page 257 of 433 P a g e | 44 Appendix 4 Page 258 of 433 Page 259 of 433 Page 260 of 433 Page 261 of 433 Page 262 of 433 Page 263 of 433 Page 264 of 433 Page 265 of 433 Page 266 of 433 Page 267 of 433 Page 268 of 433 Page 269 of 433 Page 270 of 433 Page 271 of 433 Page 272 of 433 Page 273 of 433 Page 274 of 433 Page 275 of 433 Page 276 of 433 Page 277 of 433 Page 278 of 433 Page 279 of 433 Page 280 of 433 Page 281 of 433 Page 282 of 433 Page 283 of 433 Page 284 of 433 Page 285 of 433 Page 286 of 433 Page 287 of 433 Page 288 of 433 Page | 1 Public Transportation Agency Safety Plan Area Regional Transit St Lucie County Public Transportation Updated February 2023 Page 289 of 433 Page | 2 Table of Contents Section 1. Transit Agency Information .......................................................................................................... 5 General Information ..................................................................................................................................... 6 Section 2. Plan Development, Approval, and Updates ................................................................................. 7 Section 3. Safety Performance Targets ........................................................................................................ 8 Section 4. Safety Management Policy......................................................................................................... 10 Safety Management Policy Statement ....................................................................................................... 10 Safety Management Policy Communication ............................................................................................... 13 Authorities, Accountabilities, and Responsibilities ..................................................................................... 14 Accountable Executive (AE): ............................................................................................................... 14 Chief Safety Officer (CSO) ................................................................................................................... 14 Role of Staff to Develop and Manage Safety Management Systems (SMS) ............................................... 15 Accountable Executive (AE) ................................................................................................................ 15 Chief Safety Officer (CSO) ................................................................................................................... 15 Managers and Key Staff ...................................................................................................................... 15 Supervisors .......................................................................................................................................... 15 Employees ........................................................................................................................................... 15 Employee Safety Reporting Program (ESRP) .............................................................................................. 16 Hazard Reporting Process ................................................................................................................... 17 Immediate Action Required ................................................................................................................ 17 Delayed Action Required .................................................................................................................... 17 Role of Supervisor ............................................................................................................................... 17 Area Regional Transit Responsibility ................................................................................................... 18 Section 5. Safety Risk Management ............................................................................................................ 19 Safety Hazard Identification ........................................................................................................................ 19 Personnel ............................................................................................................................................ 19 Assets .................................................................................................................................................. 19 Transit Asset Management ................................................................................................................. 20 System ................................................................................................................................................. 20 Hazard Identification Procedure ................................................................................................................. 21 Safety Risk Assessment ............................................................................................................................... 21 Safety Risk Mitigation ................................................................................................................................. 23 Strategies to Reduce Exposure to Infectious Disease ................................................................................. 24 Page 290 of 433 Page | 3 Section 6. Safety Assurance Performance Monitoring and Measurement ................................................ 25 Safety Committee ....................................................................................................................................... 25 Maintenance ............................................................................................................................................... 25 Maintenance Standards and Procedures ............................................................................................ 25 Operator Inspections .......................................................................................................................... 26 Daily Servicing and Inspections ........................................................................................................... 26 Mileage‐Based Maintenance Inspections ........................................................................................... 26 Operations .................................................................................................................................................. 26 Facility Monitoring .............................................................................................................................. 26 Frequency ........................................................................................................................................... 26 Reporting ............................................................................................................................................ 27 Hazard Resolution ............................................................................................................................... 27 Follow‐up ............................................................................................................................................ 27 Documentation ................................................................................................................................... 27 Employee Hazard Reporting ....................................................................................................................... 27 Loss Reports ........................................................................................................................................ 27 Route/Operations Safety .................................................................................................................... 27 Safety Events ............................................................................................................................................... 28 Accident and Incident Reporting Process ........................................................................................... 28 Notification ......................................................................................................................................... 28 At‐Scene Procedures ........................................................................................................................... 28 Investigation ........................................................................................................................................ 29 Accident Review Process ............................................................................................................................ 29 Accident Review Committee ............................................................................................................... 29 Hazard Resolution ............................................................................................................................... 29 Follow‐up ............................................................................................................................................ 30 Internal Reporting ............................................................................................................................... 30 Documentation ................................................................................................................................... 30 Continuous Improvement of Safety Performance ...................................................................................... 30 Maintenance ....................................................................................................................................... 30 Operations .......................................................................................................................................... 30 Safety .................................................................................................................................................. 31 7. Safety Promotion .................................................................................................................................... 31 Page 291 of 433 Page | 4 Operator Selection ...................................................................................................................................... 31 Hiring Practices ................................................................................................................................... 31 Training ....................................................................................................................................................... 32 Initial Bus Operator Training ............................................................................................................... 32 Annual Training for All Bus Operators ................................................................................................ 33 Injury and Illness Prevention Training ................................................................................................ 35 Emergency Response Planning and Coordination .............................................................................. 35 System Modification Design Review and Approval .................................................................................... 35 General Process .................................................................................................................................. 35 Modification Design Review ............................................................................................................... 35 Modification Design Approval ............................................................................................................ 36 Monitoring .......................................................................................................................................... 36 Documentation ................................................................................................................................... 36 Routes ................................................................................................................................................. 37 Additional Information................................................................................................................................ 37 Appendix 1 .................................................................................................................................................. 38 Appendix 2 .................................................................................................................................................. 42 Appendix 3 .................................................................................................................................................. 43 Appendix 4 .................................................................................................................................................. 44 Appendix 5 .................................................................................................................................................. 45 Page 292 of 433 Page | 5 Section 1. Transit Agency Information St Lucie County has provided public transportation services since 1990 and currently has two modes of transportation —traditional fixed‐route service and door‐to‐door, paratransit service provided through a contract with MV Transportation Services. The County has also added a lineup of innovative, non‐ traditional mobility services to take advantage of emerging technologies and adapt to changing travel patterns. Area Regional Transit is the County’s fixed‐route transit service, offering eight routes that run on one‐ hour headways, Route 1 has ½ hour headways. Most routes operate from 6 a.m. to 8 p.m. on weekdays and 8 a.m. to noon and 1‐4 p.m. on Saturdays. In addition, the County provides demand‐response, door‐ to‐door paratransit services throughout the County to qualified seniors and people with disabilities. Residents must be certified as Transportation Disadvantaged (TD) or meet the criteria of the Americans with Disabilities Act (ADA). The County also offers non‐traditional public transportation services. In 2017, the St. Lucie County Department of Community Services began operating a demand‐response, TD service pilot program known as Direct Connect. This service provides essential and life‐sustaining trips during hours that regular public transit and paratransit do not operate. Direct Connect fills evening and weekend service gaps, enabling the County’s TD population to have access to public transportation services 24 hours a day, seven days a week. Each of these services is described in more detail on the following page. The County has also launched a pilot micro‐transit program in December of 2019. On September 1st, 2017, the St. Lucie County Board of County Commissioners authorized a multi‐year pilot program making the entire county transit system fare‐free, eliminating the firebox on both fixed‐ route and paratransit buses. A Florida Department of Transportation Service Development Grant, along with lower administrative costs realized by no longer collecting fares, offsets a substantial portion of the funding costs. Page 293 of 433 Page | 6 General Information St. Lucie County Board of County Commissioners ‐ Area Regional Transit Accountable Executive: Transit Director Chief Safety Officer: Transit Operations Manager Address: 714 Ave C, 2nd Floor Fort Pierce, FL 34950 Phone: (772) 462‐1798 Website: www.SLCRide.org Modes of Service: Fixed Route and Demand Response contracted thru MV Transportation FTA Funding Sources: FTA Section 5307, FTA Section 5310, FTA Section 5339, FTA Section 5311 Modes of Service Directly Provided: ☒Fixed Route Bus ☒Demand Response AREA REGIONAL TRANSIT does not provide transit services on behalf of another transit agency or entity. Page 294 of 433 Page | 7 Section 2. Plan Development, Approval, and Updates Name of Entity That Drafted This Plan Area Regional Transit – St. Lucie County Public Transportation System Signature by the Accountable Executive Signature of Accountable Executive Date of Signature Transit Director Approval by the Board of Directors or an Equivalent Authority Name of Individual/Entity That Approved This Plan Date of Approval St. Lucie County Board of County Commissioners Relevant Documentation (title and location) St Lucie County Board of County Commissioners (place link to county agenda item here) Certification of Compliance Name of Individual/Entity That Certified This Plan Date of Certification Transit Operations Manager Relevant Documentation (title and location) PTASP/SMS Document located in Transit Director’s Office Version Number and Updates (Record the complete history of successive versions of this plan). Version Number Section/Pages Affected Reason for Change Date Issued 1 Entire Plan Document Initial Plan Document 12/3/2020 2 Pages: 7,8,24,25 Annual Update/BIL requirements _________ Annual Review and Update of the Public Transportation Agency Safety Plan Describe the process and timeline for conducting an annual review and update of the Public Transportation Agency Safety Plan. Area Regional Transit’s Public Transportation Agency Plan (PTASP) will be updated annually in January of each year. The process will include reviewing all transit components, updating information and changes in personnel/duties, and submitting the Transit Director for final approval after the local safety committee has reviewed and approved any changes. ☒ The Accountable Executive confirms that Area Regional Transit’s PTASP addresses all applicable requirements and standards as outlined in 1. FTA’s Public Transportation Safety Program and, 2. The National Public Transportation Safety Plan, 3. PTASP documents must be made available upon request by the FTA or other Federal entity, or a State Page 295 of 433 Page | 8 Safety Oversight Agency having jurisdiction. A transit agency must maintain these documents for a minimum of three years after they are created. Section 3. Safety Performance Targets The following Performance Targets are aligned with the National Public Transportation Safety Plan supporting the four measures: Fatalities, Injuries, Safety Events & System Reliability. 1. Fatalities (total number of reportable fatalities and rate per total vehicle revenue miles) ‐ A death or suicide confirmed within 30 days of a reported event. It does not include deaths in or on transit property resulting from illness or other natural causes. Reported in National Transit Database (NTD) data sheet S&S‐40 2. Injuries (total number of reportable injuries and rate per total vehicle revenue miles) – Injury is defined as any damage or harm to persons because of an event that requires immediate medical attention away from the scene. Reported in National Transit Database (NTD) data sheet S&S‐40 for major event and SS‐50 for non‐major event 3. Safety Events (total number of reportable events and rate per total vehicle revenue miles) ‐ Safety Event is defined as a collision, derailment, fire, hazardous material spill, an act of nature (Act of God), evacuation, or OSONOC occurring on transit right‐of‐way, in a transit revenue facility, in a transit maintenance facility, or involving a transit revenue vehicle and meeting established National Transit Database (NTD) thresholds. Reported in National Transit Database (NTD) data sheet S&S‐40 for major event and SS‐50 for non‐major event 4. System Reliability/Major Mechanical Failure (mean distance between major mechanical failures by mode) ‐ Major mechanical failure is defined as a failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns. Reported in National Transit Database (NTD) data sheet S‐20 Safety Performance Targets Area Regional Transit has developed Safety Performance Targets in compliance with the National Public Transportation Safety Plan (NSP) – §673.11(a)(3) requirements. Mode of Transit Service Vehicle Revenue Mile (VRM) Fatalities Total Fatalities (Per 100k VRM) Injuries (Total) Injuries (Per 100k VRM) Safety Events (Total) Safety Events (Per 100k VRM) System Reliability (VRM/ failures) FY21 FR 522,913 0 0 1 .19 1 .19 35,682 FY21 DR 735,991 0 0 3 .40 1 .14 183,998 TOTAL 1,258,904 0 0 4 .32 2 .16 62,945 Page 296 of 433 Page | 9 Vehicle revenue miles (VRM) for FY22 are projected 750,000 miles for Para‐Transit and 555,000 miles for Fixed Route, totaling 1,305,000 VRM. Performance targets for FY22 are as follows: The total fatalities are projected to be zero for FY22. The total reportable injuries combined are to be a goal of <.32/100k VRM, the total number of Safety Events combined are to be a goal of <.16/100k VRM, and System Reliability will for fixed route 32,682 miles between mechanical failure and for Para‐Transit 183,998 miles between mechanical failure. Safety Performance Target Coordination Describe the coordination with the State and Transportation Planning Organization (TPO) in the selection of State and TPO safety performance targets. Area Regional Transit shares safety performance targets with the St. Lucie Transportation Planning Organization (TPO) and the Florida Department of Transportation (FDOT) annually as part of our continued coordination of transit data. Area Regional Transit also coordinates with these agencies to the maximum extent possible in the selection of safety performance targets as required under §673.15(a) and §673.15(b), respectively. This data also includes the Transit Asset Management Plan (TAM) updates and anticipated capital replacement schedules. Targets Transmitted to the State State Entity Name Date Targets Transmitted Florida Department of Transportation (date) Targets Transmitted to the Transportation Planning Organization Transportation Planning Organization Name Date Targets Transmitted St. Lucie Transportation Planning Organization (St Lucie TPO) (date) Page 297 of 433 Page | 10 Section 4. Safety Management Policy Safety Management Policy Statement Area Regional Transit recognizes that the management of safety is a core value of our business. The management team at St Lucie County‐ Transit Division and their contract service provider, MV Transportation Services, will embrace the Safety Management Systems (SMS). They are committed to developing, implementing, maintaining, and constantly improving processes to ensure the safety of our employees, customers, and the public. All management and frontline employees are committed to safety and understand that safety is the primary responsibility of all employees. This Public Transportation Agency Safety Plan (PTASP) describes the policies, procedures, and requirements to be followed by management, maintenance, and operations personnel to provide a safe environment for Area Regional Transit employees, customers, contractor’s employees and the public. The goal of this program is to eliminate the human and fiscal cost of avoidable personal injury and vehicle accidents. Each department has a responsibility under the PTASP. The Division Director and Contractor staff shall provide the continuing support necessary to achieve the PTASP objectives. A key to the success of this effort is for employees to be aware that they are accountable for safely performing the requirements of their position. The success of the program also depends on all frontline employees actively identifying potential hazards and making a commitment to the safety of others. Area Regional Transit employees, and contractor employees must be aware that decisions and actions often affect the safety of those in other operations. By following the processes described in the PTASP, Area Regional Transit will continue to improve performance and the safety of the system while creating a culture of safety. Our contractor, MV Transportation, has defined this process in the SMS plan. Area Regional Transit is committed to: Communicating the purpose and benefits of the SMS to all staff, managers, supervisors, and employees. This communication will specifically define the duties and responsibilities of each employee throughout the organization. All employees will receive appropriate information and SMS training. Providing appropriate management involvement and the necessary resources to establish an effective reporting system will encourage employees to communicate and report unsafe work conditions, hazards, or at‐risk behavior to the management team. Identifying hazardous and unsafe work conditions and analyzing data from the employee reporting system. After thoroughly analyzing the provided data, the transit operations division will develop processes and procedures to mitigate safety risks to an acceptable level, as identified in the MV Transportation SMS Plan Ensuring that no action will be taken against employees who disclose safety concerns through the reporting system unless disclosure indicates an illegal act, gross negligence, or deliberate or willful disregard of regulations or procedures. Page 298 of 433 Page | 11 Establishing Safety Performance Targets (SPT) that are realistic, measurable, and data‐ driven. Continually improving our safety performance through management processes that ensure appropriate safety management action is taken and is effective. Area Regional Transit’s Goals for Safety are established as follows: Operate a transportation system that achieves an optimum level of safety, exceeding the safety performance of other transit systems of a similar size in the United States. Identify and evaluate, then eliminate or control hazards to employees, customers, and the public. Meet or exceed all government and industry occupational health and safety standards and practices. Maximize the safety of future operations by affecting the design and procurement processes. The objectives of the PTASP are the means of achieving its goals. They also provide a method of evaluating the effectiveness of the Area Regional Transit’s safety efforts. The Contractor also has an Account Executive and Safety Officer who will meet with or notify the County Safety Officer of any concerns. The PTASP objectives are: Integrate safety management and hazard control practices within each of Area Regional Transit’s departments. Assign responsibilities for developing, updating, complying with, and enforcing safety policies, procedures, and requirements. Verify compliance with Area Regional Transit’s safety policies, procedures, and requirements through performance evaluations, accident/incident trends, and internal audits. Investigate all accidents/incidents, including identifying and documenting the causes for implementing corrective action to prevent a recurrence. Increase investigation and systematic documentation of near misses. Identify, analyze, and resolve safety hazards promptly. Minimize system modifications during the operational phase by establishing and utilizing safety controls at system design and procurement phases. Ensure that system modifications do not create new hazards. Page 299 of 433 Page | 12  Provide training to employees and supervisors on the safety components of their job functions. Area Regional Transit takes these commitments seriously as the lives of Area Regional Transit riders, employees, and the public depends on Area Regional Transit’s ability to operate in a culture of safety. Accountable Executive means a single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan of a public transportation agency; responsibility for carrying out the agency's Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Accountable Executive. The transit agency must identify an Accountable Executive. The Accountable Executive is accountable for ensuring that the agency's SMS is effectively implemented, throughout the agency's public transportation system. The Accountable Executive is accountable for ensuring action is taken, as necessary, to address substandard performance in the agency's SMS. The Accountable Executive may delegate specific responsibilities, but the ultimate accountability for the transit agency's safety performance cannot be delegated and always rests with the Accountable Executive. ____________________________________________________ Accountable Executive ____________________________________________________ Date Page 300 of 433 Page | 13 Safety Management Policy Communication Area Regional Transit realizes the importance of ensuring its employees and riders are aware of safety management policies and procedures to manage the system’s day‐to‐day operations effectively. To do this, the Area Regional Transit relies on several forms of effective communication. Employee Communication: Area Regional Transit is constantly evaluating existing policies and procedures to verify their effectiveness. Area Regional Transit management seeks input from all contractor staff to determine if a change is necessary based on trends, data analysis, operational changes, or new assets. Several methods are used to communicate policy and procedure changes, including: Employee memorandum through a paycheck, daily manifest of work orders, and agency meetings Bulletin Board notices Departmental meetings New policies and procedures are incorporated into orientation training for new employees as well. Depending on the importance of the policy or procedure change, an acknowledgment signature is required by all employees verifying his or her understanding of the change. St. Lucie County verifies this during file review and site visits as part of their contractor oversight procedure. Communicating with Riders: If a rider policy is changed or added, Area Regional Transit notifies riders through the following methods: Notice posted on vehicle and facilities including effective date and whom to contact for more information Changes to digital and printed rider guidance, including schedules and ride guides as appropriate Public Meetings Website and Social Media Any services that are impacted by policies changes will include outreach as required by Federal Guidance Page 301 of 433 Page | 14 Authorities, Accountabilities, and Responsibilities As mentioned in the Safety Policy Statement, the ultimate authority for the success of this PTASP falls to the Accountable Executive (AE). The Chief Safety Officer (CSO), the administration, and the management team and employees fulfilling their commitment to safety on a day‐to‐day basis support the AE. Accountable Executive (AE): The Accountable Executive will determine, based on feedback from senior staff and contractor staff, the level of Safety Management System principals to maintain to ensure a safe work environment, rider experience, and community safety. Through its contract services provider, Area Regional Transit’s AE is committed to providing employees with the tools and training needed to be successful and safe in their roles with Area Regional Transit. The AE will continually strive to create a culture of safety among the employees, and Area Regional Transit expects each employee to play a role in maintaining a safe workplace. Area Regional Transit’s AE will be responsible for developing an annual transportation budget to provide the necessary funding to support training for new hires and experienced staff while also maintaining assets in a State of Good Repair (SGR) or replacing it if it is no longer able to function as originally intended. The current Accountable Executive, is also the Transit Director, is responsible for implementation and changes to this Plan. Chief Safety Officer (CSO): Area Regional Transit will manage the day‐to‐day adherence to the Safety Plan and, while in this role, report directly to the AE. As CSO, this individual will monitor safety and security throughout the organization, including sub‐contractors. All departments have been notified of the CSO’s role and the established reporting requirements relating to safety‐related matters. The Contractor Account Executive will meet with the Chief Safety Officer to adhere to the PTASP requirements. Area Regional Transit’s CSO will be responsible for the following:  Developing and maintaining SMS documentation  Directing hazard identification and safety risk assessment  Monitoring safety risk mitigation activities  Providing periodic reports on safety performance  Briefing the Accountable Executive on SMS implementation progress  Planning safety management training Page 302 of 433 Page | 15 Role of Staff to Develop and Manage Safety Management Systems (SMS) Accountable Executive (AE) The Accountable Executive (AE), who also serves as Transit Director, will work with the Chief Safety Officer (CSO) and Administrative staff to adjust the PTASP as needed based on staff feedback, trends, and data analysis. The AE is vested with the primary responsibility for the activities of the transit system and overall safety performance. The AE fulfills these responsibilities by providing the resources necessary to achieve PTASP goals and objectives by exercising the approval authority for system modifications as warranted. The AE also sets the agenda and facilitates the cooperative decision making of the management team. The Contractor also has an Account Executive which is defined in the Contractor’s SMS plan as the General Manager. Chief Safety Officer (CSO) For purposes of managing the SMS and PTASP, the CSO will report directly to the AE to determine strategy, policy, and goals for maintaining safety and security for passengers, employees, and the public. The CSO will monitor day‐to‐day operations and work with staff to identify and mitigate risk through evaluation, feedback, and data analysis. The Contractor also has a Safety Officer which is defined in the Contractor’s SMS Plan as the Safety Manager. Managers and Key Staff Area Regional Transit’s contract managers and key staff will be responsible for maintaining high standards of safety, customer service, and security. The Employee Safety Reporting Program (ESRP) will define the employees’ role to identify and mitigate risk through open communication to managers and superiors, including the CSO and AE. Administrative staff will be instrumental in ensuring action is taken to reduce risk, and the whole system is continuously monitored to ensure actions are effective and appropriate. Supervisors Supervisors are responsible for the safety performance of all personnel and equipment under their supervision. They are responsible for the initial investigation of all accidents and incidents and reporting these accidents and incidents to the Human Resources, Risk Management, and Transportation Operations Department. Employees All Area Regional Transit/MV Transportation personnel are responsible for performing their work safely and for following established safety‐related rules, procedures, and work practices. All accidents, incidents, and hazards must be reported to their supervisor per established requirements to protect themselves, co‐workers, customers, facilities, and equipment. Area Regional Transit/ MV Transportation staff will be involved with updates, modifications, and implementation of the PTASP. The Local Safety Committee must review and approve before the PTASP is approved by the St. Lucie County Board of County Commissioners. Each staff member brings a valued perspective to the development of policies and procedures they will be expected to implement. Every opportunity will be given for employees and riders to provide input to increasing safety at Area Regional Transit. Those opportunities include monthly safety meetings, annual employee meetings and training, Page 303 of 433 Page | 16 department meetings, customer and employee surveys, and an open‐door policy with access to all management staff. Employee Safety Reporting Program (ESRP) As stated in the Safety Management Policy Statement, the Area Regional Transit is determined to provide a safe working environment for its employees, riders, contractor, and the public. To ensure success, Area Regional Transit has developed an ESRP to enable employees to report any risk or perceived risk to a supervisor, CSO, or member of the administration that is non‐punitive. The ESRP is designed to allow employees to report safety conditions to senior management without fear of disciplinary action or termination for reporting unsafe conditions and safety hazards. However, any observable unsafe, high‐risk, hazardous behavior or actions taken by employees is not protected under the ESRP and may result in disciplinary action up to and including termination as noted in the Contractor’s SMS Plan The ESRP allows each employee to report detailed information and observations, whether they are a driver in service, maintenance staff, or other on‐duty employees. This program dovetails with other methods currently in place to identify hazards or threats. Those methods include but are not limited to, the following:  Pre/Post Trip Inspections  Preventive Maintenance Inspections  Employee Evaluations  Facility Maintenance Plan  Service Evaluation and Planning Program  Training Program  Rider and Public Complaint/Compliment Process  Safety and Employee Meetings  Incident/Accident Policies  Safety Committee  Transit Director Open Door Policy Page 304 of 433 Page | 17 Hazard Reporting Process Area Regional Transit has developed a Hazard Report Form referred to as a Loss Prevention Investigation Report to identify and provide information about hazards observed by employees while on‐duty. The form identifies vital information to assist employees in determining an action to mitigate the threat or hazard. This form is not intended to replace accident forms currently being used but instead used in conjunction with the accident forms. It is a proactive reporting method to identify a perceived threat or hazard, potentially endangering employees, riders, or the public. The form serves a dual role as an incident, illness, and near‐miss report. The Loss Prevention Investigation Report form is located in Appendix 2 of this Plan. July 1, 2020, all Area Regional Transit employees received one hour of training on the procedures associated with the Loss Prevention Investigation Report. The training covered the following areas:  Locations of blank Loss Prevention Investigation Report  When to use a Loss Prevention Investigation Report  Capturing critical information on the form  Notification process depending on the hazard  Proper assessment of the reported hazard  Supervisor and CSO role in completing the form  Follow‐up process to determine the effectiveness of mitigation The following process is used as part of the Employee safety Reporting Program (ESRP). Immediate Action Required If you have identified a hazard, which you perceive to be a risk to yourself, fellow employees, passengers, or the public, you must report it immediately to the on‐duty supervisor/dispatcher. Once reported, you must determine if immediate action is necessary to prevent additional risk. If so, communicate to the supervisor before taking action if time allows. Once the action has been taken to mitigate the potential harm to yourself, others, or property, advise a supervisor of the results of your actions once you can complete the Loss Prevention Investigation Report with complete information and give it to the supervisor on‐duty. Delayed Action Required If an employee determines immediate action is unnecessary and delays, the action is appropriate; a full report must be completed using the Loss Prevention Investigation Report and submitted to the on‐duty supervisor. Role of Supervisor The on‐duty supervisor is responsible for advising the employee on immediate action or delayed action to mitigate a hazard. The supervisor must then review the Loss Prevention Investigation Report to ensure all information is included adding additional information from their perspective. Once the form is complete, it must be reviewed by the CSO to determine the action necessary, investigate the root cause of the hazard, and follow‐up. Page 305 of 433 Page | 18 The CSO is responsible for determining the status of each hazard reported. In some cases, hazards may be identified and are not able to be resolved, but actions are taken to reduce the risk of the hazard. It is Area Regional Transit’s goal to eliminate all identified hazards if possible. Some hazards may require continuous monitoring to ensure the hazard does not elevate to an action level. All hazard reports will be documented and integrated into current performance measures and data collection. The CSO will track each hazard to completion and recommend policy or procedural changes if needed because of the hazard mitigation. Area Regional Transit Responsibility Area Regional Transit takes every hazard report seriously and investigates each one to determine if it is an isolated case or emerging trend requiring evaluation of policies and procedures or service modifications. Employees reporting hazards will not face disciplinary action. Area Regional Transit wants to encourage all employees to report any hazard or threat they observe and help make the Area Regional Transit system as safe as possible for its employees, riders, and the public. Employees may report the hazard to their immediate supervisor or go directly to the CSO to submit and discuss their report. The following process chart illustrates the steps taken as part of the hazard identification process through the Employee Safety Reporting Program (ESRP). Page 306 of 433 Page | 19 Section 5. Safety Risk Management Area Regional Transit provides training to all personnel to identify hazards and security threats while also providing tools to enable personnel to report these risks. Once the risk has been identified, the Area Regional Transit assesses the risk to determine the necessary response and response time. The response may include further investigation or monitoring, action(s) to mitigate the hazard or security threat, and follow‐up assessment to ensure action taken is appropriate and effective. Safety Hazard Identification: Area Regional Transit used a document called Potential Sources of Hazard Information for Bus Transit Operations Version 1 (September 2019) to guide safety hazard identification. The Federal Transit Administration (FTA) prepared this document to help transit agencies identify potential sources of hazards for analysis through the Safety Risk Management (SRM) process. SRM works within the Agency’s Safety Management System (SMS) to help agencies assess and mitigate safety risks. Source: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/regulations‐and‐ programs/safety/public‐transportation‐agency‐safety‐program/134116/potential‐sources‐hazard‐ information‐bus‐transit‐operations.pdf Hazard and security threats are identified through different methods of monitoring the system. This includes system, employee, and asset assessments conducted daily and on an incremental basis. Area Regional Transit management staff in the maintenance and operations department engage in a process for identifying and assessing changes that may introduce new hazards or impact the transit agency’s safety performance. Area Regional Transit conducts the following routine and random evaluations of the system in the following areas: Personnel Each Area Regional Transit employee is evaluated annually to ensure they are performing their job to the expectations of the Agency. As part of their orientation, the employee is provided training and tools to perform their job while not receiving permanent status until completing 90 days of employment. During the 90 days, the employee is evaluated to determine if they are properly prepared to perform their job. Additional observations of the employee will be conducted throughout the year. These observations consist of one on one conversations with supervisors. If, through observation and feedback or annual evaluation, it is determined, the employee’s performance does not meet expectations or training standards, remedial training will be provided, and additional evaluations will take place to ensure remedial training was effective. Assets Rolling stock, facilities, and equipment are monitored through a vigorous preventive maintenance plan to identify hazards and deficiencies as part of daily and scheduled inspections. Operations and Maintenance Departments coordinate the preventive maintenance program, including daily Vehicle Inspection Reports, incremental and annual inspections for facilities and equipment. The maintenance department reviews floor plan specification for new bus purchases. Page 307 of 433 Page | 20 Transit Asset Management To meet Area Regional Transit’s goal of achieving business benefits derived from an asset management approach that focuses on customer service improvements, increased productivity and cost containment, optimized resource allocation, and improvement in communications to stakeholders and consumers, the following objectives have been established in a Transit Asset Management Plan (TAM): Establishes an inventory of current Area Regional Transit assets Documents the current condition of the assets Lists procedures in place to maintain the assets in a State of Good Repair (SGR) as defined by the FTA Presents best practices guidelines for continuing fleet operation while maintaining effective transit asset management Area Regional Transit updates the FTA required Transit Asset Management (TAM) Plan annually with data relevant to each asset to include a condition assessment, miles (with rolling stock and non‐revenue vehicles), and age as to whether the asset is in a State of Good Repair (SGR). Area Regional Transit defines the State of Good Repair (SOGR) as “the condition of an asset where the asset, at a minimum, is capable of delivering the required performance safely and reliably for a predetermined period.” State of Good Repair may include short or long term, full or partial replacement/rehabilitation based on Area Regional Transit’s needs. Critical to the safety and performance of a public transportation system is the condition of its capital assets—most notably, its equipment, rolling stock, infrastructure, and facilities. The TAM Plan allows Area Regional Transit management to collect and use asset condition data, set targets, and develop informed strategies to prioritize investments to meet their state of good repair goals. The following are three specific elements of the connection between Area Regional Transit’s Safety Plan and Transit Asset Management Plan: 1.Area Regional Transit asset condition assessments will direct and inform Area Regional Transit’s SMS of assets in poor condition and pose a risk that might negatively affect performance, reliability, or quality of service. 2.Area Regional Transit’s SMS will provide valuable input to the TAM Plan and help evaluate investment strategies and prioritizing fleet, facilities, and equipment rehabilitation and replacement. 3.Area Regional Transit’s Accountable Executive is ultimately responsible for risk management and safety assurance under Area Regional Transit’s SMS and has a focused decision‐making role in the TAM Plan and investment prioritization understanding the relationship between safety and asset management. System As part of Area Regional Transit’s safety management system monitoring, the agency uses service safety evaluations when responding to an event like an accident or incident. Existing routes are examined for areas of improved safety when a safety incident or event occurs. New routes are strategically Page 308 of 433 Page | 21 developed, with safety being the top priority and passenger access second. Area Regional Transit route planners plan and test all routes before activating the route for revenue service. All routes are reviewed periodically to determine if environmental hazards may require modification to the route, schedule, or vehicle. All frontline staff members are trained to note any changes to service, which may be considered a hazard or security threat, and through the ESRP, notify their supervisors immediately or upon return to Area Regional Transit depending on the severity of the hazard. Hazard Identification Procedure Any employee seeing something through inspection or observation they deem to be a hazard are instructed to immediately report that hazard to the immediate supervisor regardless of the perceived level of threat. Depending on the situation, either the immediate supervisor or the employee will complete a Loss Prevention Investigation Form and submit it to the CSO. If the hazard requires immediate mitigation, the employee will be instructed to reduce the risk, which may or may not alleviate the risk completely. Additional actions may be taken once the immediate risk mitigation has been taken. Some hazards may not pose an immediate risk but are still reported to the CSO, responsible for risk assessment, investigation, and mitigation strategy. In some cases, a passenger or member of the public may call Area Regional Transit a complaint about a frontline employee, which may rise to the level of dangerous behavior or actions. Area Regional Transit currently documents all customer complaints/compliments and takes appropriate action to investigate any complaints. Complaints deemed hazardous will trigger immediate action by on‐duty supervisors. Loss Prevention Identification Forms will be located on all vehicles and standard safety kits for accident and incident reporting, with all Customer Service Representatives (CSR)’s, Dispatch, Operations, and Maintenance Departments. A copy of the form is in Appendix 2. The Loss Prevention Investigation Form will require the employee to briefly describe the hazard stating the date, time of day, location, and other pertinent information. The form includes a section for the CSO or immediate supervisor to document immediate action taken to reduce risk, a risk assessment chart prioritizing the risk, and a section for additional follow‐up action. All forms will be processed by the CSO and summarized periodically for trend analysis and include in safety performance measures. Safety Risk Assessment All Area Regional Transit staff are provided with training appropriate for their positions within the organization. Area Regional Transit expects its employees to respond to hazards or threats with professional judgment, as sometimes there might not be time to contact a supervisor to prevent an emergency event. If the hazard can be reported without immediate risk, the employee will make an initial assessment of the risk as part of their report. Information collected from accident reports, safety reporting programs, observations, reviews, and the investigation is used to rate the risk; this allows the agency to prioritize its risk based on severity. Page 309 of 433 Page | 22 Risk Assessment Matrix Likelihood/ Severity Catastrophic (1) Critical (2) Marginal (3) Negligible (4) Frequent (A) HIGH HIGH HIGH MEDIUM Probable (B) HIGH HIGH MEDIUM MEDIUM Occasional (C) HIGH MEDIUM MEDIUM LOW Remote (D) MEDIUM MEDIUM LOW LOW Improbable (E) LOW LOW LOW LOW Safety Risk Index/ Level Criteria by Index HIGH‐ Level 1 Unacceptable – Action Required: Safety risk must be mitigated or eliminated. MEDIUM‐ Level 2 Undesirable – Management Decision: Executive management must decide whether to accept safety risk with monitoring or require additional action. LOW‐ Level 3 Acceptable with Review: The safety risk is acceptable pending management review. Page 310 of 433 Page | 23 Once received by the CSO, the initial risk assessment may be amended, requiring an immediate, short, or long‐term response. Level 1 ‐ Immediate: A deficiency, threat, or hazard requiring immediate attention to mitigate risk temporarily until further action can be taken or complete mitigation. Level 2 ‐ Short Term: Action is needed within seven days to mitigate an identified deficiency, threat, or hazard. The deficiency, threat, or hazard does not pose an immediate danger, but if no action is taken could elevate to an immediate level risk. Level 3 ‐ Long Term: A deficiency, threat, or hazard has been identified but does not pose a threat currently but could later. Continued monitoring and awareness are required. The CSO, in coordination with staff, will investigate each identified hazard, assess the risk, and take appropriate action to mitigate the risk. Additional mitigation may be needed based on follow‐up monitoring to the action taken. Safety Risk Mitigation In response to all identified and assessed hazards, Area Regional Transit will take steps to mitigate the hazard and reduce or eliminate the risk to employees, riders, and the public. Mitigation strategies will be dependent on the results of an investigation into the elements contributing to the risks. The investigation may include more than one department and may include interviews outside of the transit system. Actions to mitigate risk will include all employees, riders, and the public who may be impacted by either the hazard or the actions to reduce or alleviate the risk. Area Regional Transit will communicate actions to appropriate staff through methods of appropriate risk assessment. In some cases, immediate communication through two‐way communications (dispatch system, text burst, email, or web alert) may be necessary. In other cases, bulletin board notices or memorandum posting may be appropriate. Page 311 of 433 Page | 24 Once a risk mitigation strategy has been implemented, Area Regional Transit will monitor the actions to determine if full mitigation is possible and, if not, is additional action necessary to alleviate the risk or is stepped up monitoring necessary. Some risks may not be completely mitigated, but awareness of the risk will is a top priority. All actions taken to mitigate risk will be documented and linked to the initial deficiency, threat, or hazard identification step. Strategies to Reduce Exposure to Infectious Disease The Bipartisan Infrastructure Law requires transit agencies to address strategies to minimize exposure to infectious disease. ART and its contractor will remain prepared to utilize already identified mitigations or strategies related to exposure to infectious diseases through the safety risk management process and those procedures previously used to combat Covid‐19. ART will continue with the following supplemental infectious disease prevention strategies:  Recommend face masking in all public transportation and indoor transportation hubs employees and customers.  Recommend physical distancing where practical.  Vehicle and facility cleaning and disinfection as established by ART.  ART and its contractors will report employee infections to FTA as required.  Other infection prevention strategies as recommended by FTA, Florida Public Health and the Centers for Disease Control and Prevention (CDC).  Additional strategies may include the following as determined by ART. o Development of an ART Infectious Disease Control Plan Do c u m e n t Step 4 Evaluate Monitor Step 3 Mitigate Communicate Step 2 Assess Investigate Step 1 Identify Hazard Communicate Page 312 of 433 o Continuance of personal hygiene methods o Physical distancing o Disinfecting hard surfaces touched by bus operators and passengers o Sanitizing transit vehicles and facilities o Maintaining supplies and employing use of PPE (including face masks) o Assessing potential exposures in workplace assignments o Promoting vaccinations with CDC, Florida/St. Lucie County Public Health, and ART policy guidance Section 6. Safety Assurance Performance Monitoring and Measurement Safety performance monitoring and measurement involve the continual monitoring of the transit agency’s activities to understand safety performance. Through these efforts, Area Regional Transit can determine whether it is meeting its safety objectives and safety performance targets, as well as the extent to which it is effectively implementing Safety Management Systems (SMS). Area Regional Transit is constantly striving to maintain the highest level of safety through its monitoring methods to include adherence to policies and procedures, safety and maintenance plans, and system and employee evaluation processes. These methods allow Area Regional Transit to determine the need to make changes to improve policies, employee training, and service delivery. Safety Committee The safety committee oversees procedures and processes that directly and indirectly affect the safe operation of Area Regional Transit’s bus and paratransit systems. The Safety Committee shall review and make recommendations for improvements in training for operators, field Supervisors, vehicle, and facility maintenance. They shall review and provide recommendations for improvements in operations and maintenance procedures and practices to include road calls and pre‐trip inspections of revenue service vehicles. Changes to the bus system’s configuration shall be reviewed by the Safety Committee for information purposes and ensure all affected areas remain in compliance with the PTASP and Configuration Management. The membership of the Safety Committee shall consist of an equal number of frontline employee representatives, selected by a labor organization representing the frontline workforce employed by the service contractor of ART; and an equal number of management representatives from ART and its contractor. The safety committee also reviews annual updates to the PTASP. The Contractor’s Account Executive (AE) shall oversee the Safety Committee and shall hear any disputes arising from the Safety Committee findings and recommendations. The Safety Committee will meet and conduct inspections quarterly. (The County does not have frontline employees. The County will show oversight of its contractor by review of Safety Committee Meetings.) Maintenance Maintenance Standards and Procedures Standards and procedures are included in the MV Maintenance Plan. In general, maintenance procedures are designed to ensure that the maintenance recommendations of the manufacturer are met, maximum efficiency in performance and operation is obtained, and maximum bus life and Page | 25 Page 313 of 433 Page | 26 condition are maintained. Daily bus inspections, and active Preventive Maintenance Program, and careful monitoring are included in procedures to ensure the safety of buses and adequacy of the Fleet Maintenance Plan. Operator Inspections All operators must perform a pre‐trip and post‐trip inspection to ensure that the vehicle is safe and in good operating condition. If the operator notes any defects, a Defect Slip is completed, and, depending on the severity and extent of the defect, the vehicle may be repaired or taken out of service until a repair is completed. Daily Servicing and Inspections The MV Maintenance Department inspects, and services buses used in revenue service each day. The buses are fueled and washed, all fluids are checked, tires and lugs are checked, and the vehicle is inspected for any leaks or unusual noises. The Cleaners clean the bus interiors each day. When a defect is noted, it is reported to the Lead Mechanic or Supervisor on shift so that evaluation and, if necessary, a repair can be conducted. Mileage‐Based Maintenance Inspections All buses receive preventive maintenance inspections (PMI) at designated mileage intervals. Oil sampling is performed periodically for both engines and transmissions. A description of the schedule and type of inspection and service performed for each bus series is included in the MV Maintenance Plan. Operations Facility Monitoring Formal facility inspections of all Area Regional Transit facilities and grounds are conducted by Area Regional Transit Maintenance/Safety/Facilities quarterly using a facility checklist. The purpose of the inspections is to identify any unsafe or unhealthy conditions that may exist and that may require maintenance or modification. Each facility is also visually inspected for compliance with OSHA and local fire codes. Area Regional Transit’s administration facility requires all visitors to check‐in and provides a visit purpose. Employees are trained on procedures for visitors in the workplace, and facility access is limited through security systems. Frequency The Safety Committee conducts its safety inspections quarterly. Mechanics and Facilities Maintenance employees look for potential hazards with equipment whenever they are using that equipment. The vehicle hoists, chain pulls, and lifts in the vehicle maintenance shop are inspected annually by contractors. Preventive maintenance of equipment and facilities is performed following the manufacturer’s recommended practice. Hazards are also identified by analyzing work accident trends, Page 314 of 433 Page | 27 through Loss Prevention Investigation Forms submitted by employees. Forms are used by employees to report safety concerns and to make safety recommendations. Reporting When deficiencies are noted during quarterly inspections, they are documented and reported to the director of the department in which the safety hazard is located. When safety hazards are noted by non‐scheduled observation, they must be reported by the observer to a supervisor or CSO. Loss Prevention Investigation Forms are routed to the department, Chief Safety Officer or director best equipped to evaluate the concern and, when necessary, propose a resolution. Hazard Resolution The primary purpose of facility inspections and hazard reporting is to identify conditions that could lead to accidents and losses. Given this, all departments and employees must be involved in the Facility Inspection and the Hazard Identification and Resolution processes. Hazard resolution is related to the severity of the hazard and the probability and severity of a negative consequence. Follow‐up Corrective action for a real hazard that has been identified by any established process is the responsibility of the director of the department area in which the hazard exists or the CSO. This includes arranging for the services of other Area Regional Transit departments or outside parties, as necessary, to eliminate or control the hazard. The Contractor Safety Officer will notify the County Chief Safety Officer as needed regarding follow‐up. Documentation Hazards identified, proposed resolutions, and corrective actions are recorded in hard copy by the Safety Committee and maintained by CSO. All frontline personnel is responsible for monitoring safety and security as part of their respective positions. If a hazard is identified through observation or interaction with customers or the public, it is reported to the immediate supervisor and following MV’s hazard reporting process. Employee Hazard Reporting Loss Reports Employees can fill out a Loss Prevention Investigation Report Form, which is turned into the affected department and the CSO, and talk with a supervisor or the Operations Manager. They can also contact a Safety Committee member, comprised of a cross‐section of Area Regional Transit or MV team members. Depending on the severity/risk of the hazard identified, immediate action may be taken, or the input will be brought to the Safety Committee for discussion. Feedback will be provided to the employee on what action, if any, will be taken. All employees follow the Employee Hazard Reporting Program Policy. Route/Operations Safety Employees can fill out a Loss Prevention Investigation Report Form or discuss suggestions for making the system/route safer. Area Regional Transit and MV encourage employees to be advocates for safety while also suggesting methods of increasing performance. Management has an open‐door policy and makes clear the importance of employee feedback, positive and negative. The County will monitor any contractor employee forms during regular oversight visits. Page 315 of 433 Page | 28 Safety Events Accident and Incident Reporting Process All accidents and loss incidents are to be investigated. Area Regional Transit’s safe driving standards require the professional, safe performance of all operators. To ensure better than average safety performance, Area Regional Transit employs the National Safety Council guidelines to determine if a collision or onboard incident could have been prevented. All personnel operating any Area Regional Transit vehicle are held to this standard. The Area Regional Transit Operator’s Manual includes procedures and responsibilities for accident/incident investigation. The combined manuals establish procedures for accident notification, response, and investigation. Transit Operations coordinates with outside law enforcement agencies if they investigate an event. Administrative staff coordinates with outside insurance providers and supports Area Regional Transit departments and independent investigation to manage Area Regional Transit liability and claims. Most accidents and incidents involving Area Regional Transit are relatively minor in severity and are investigated by operations field supervision. Since most accidents involve buses, this section focuses on bus accidents. However, all non‐bus accidents and incidents are also investigated. Notification Bus Operators notify the operations system supervisor anytime a Area Regional Transit vehicle might have been damaged, anytime a Area Regional Transit vehicle and another vehicle come into contact, or anytime an instance occurs where a customer may have been injured. The operations supervisor will be directed to the scene of an accident. Police and ambulance will be dispatched, if necessary. The Contractor notifies the County of any incidents per the master contract guidelines. At‐Scene Procedures Bus operators will adhere to the following procedures defined in the Area Regional Transit Operator’s Manual:  Assist the injured  If blocking traffic, set out reflective triangles  Do not move the coach unless required to do so by an Operations Supervisor, fire or police order, or impending danger from traffic  Obtain names, addresses, and phone numbers of all witnesses  Have all customers sign the customer list  Contact dispatch for supervisor support Operations supervisors are responsible for conducting on‐scene investigations of accidents and incidents. Depending on the severity and the nature of the event, various mechanisms will be used for Page 316 of 433 Page | 29 preserving transient evidence. These may include digital photography, bus video, field sketches, other available video, interviews, and observations. Investigation An attempt is made to complete the investigation of most accidents within three days. Operations supervisors are required to complete an Accident/Incident Report. Operators are also required to complete an Accident Information Report. The Supervisor is required to file the report and attach all relevant backup documentation for use by the Director of Operations and the CSO. A Report of Injury Form must be completed if an employee suffers an injury or illness due to an accident or incident. Accident Review Process Accident Review Committee The Accident Review Committee is comprised of five members, which include two bus Operators, a Maintenance Employee, and 2 Supervisors with the Safety Director as chairman and a staff member from the Transit Division. Accident reports and evidence are reviewed, analyzed, and each committee member confidentially decides who is responsible for an accident. Accidents and Incidents are classified as Preventable or Non‐Preventable. A preventable accident is when the employee failed to do everything reasonable to prevent it, as defined by the National Safety Council. A non‐preventable accident is one in which the employee was not at fault Any employee who has been determined to have had a preventable accident is informed by letter, explaining the reason for the decision and the opportunity to appeal that decision in person at the Accident Review Committee (ARC). It is the responsibility of an employee desiring to appeal to submit a letter of request to the Operations Manager, no later than ten days before the next ARC meeting. Failure to comply with the established time limits shall relinquish the employee’s right to appeal. If the employee wishes to have Union representation, it is their responsibility to make contact and arrangements. An employee appealing to the committee explains the accident situation, presents any new evidence, and answers questions the members may have. After the appeal, the committee again reviews the accident circumstances and votes on a decision, which is final. The Accident Review Committee also reviews all on‐the‐job injury accidents resulting in lost time and or an incurred medical bill, as well as any safety issues, in efforts to reduce accident occurrences. Hazard Resolution The primary purpose of the Accident Investigation process is to determine the root cause(s) of accidents so that they may be prevented or mitigated in the future. To this end, it is crucial that all relevant departments be appropriately involved in the Process. A serious attempt is made to use lessons learned Page 317 of 433 Page | 30 through the investigatory process to incorporate hazard resolutions into future procedures, designs, construction, modifications, training, and procurements. Follow‐up Follow‐up in the form of corrective actions is the responsibility of the employee’s director. The responsibility may be delegated to the employee’s manager, supervisor, or CSO. Any disciplinary action will be assessed using the Collective Bargaining Agreement procedures or the Administrative Handbook. Disciplinary consequences for accidents may include warnings, suspensions, and discharge. Internal Reporting The Operations Supervisor is responsible for ensuring that all accident reports are completed and filed in the appropriate office. Human Resources will advise on the history of the employee if a pattern of safety events is evident. Documentation Transit Operations and Human Resources and CSO maintain the accident investigation documentation. Continuous Improvement of Safety Performance If Area Regional Transit identifies safety deficiencies as part of its safety performance assessment, Area Regional Transit will develop and carry out, under the direction of the Accountable Executive, a plan to address the identified safety deficiencies. Through a series of performance measures relative to operations, maintenance, and safety, Area Regional Transit can monitor the system’s safety by identifying trends and gaps in policies, procedures, training, and monitoring efforts. The following performance measures are on a daily, monthly, and quarterly basis. Maintenance  Preventive Maintenance On‐time Inspection Percentage – determines the effectiveness of the maintenance department to ensure all inspections are conducted per manufacturing and Area Regional Transit mileage intervals.  Vehicles Removed From Revenue Service – track vehicles removed from service due to a mechanical defect developed while in service requiring immediate service either on‐site of failure or once returned to the facility.  Annual Vehicle Condition Assessment – through annual inspection, determines on a scale of 1‐5 the overall condition of the asset. This performance measure is also used in annual updates of Area Regional Transit’s Transit Asset Management Plan. Operations  Customer Complaints Per Month – tracks all customer complaints to identify areas of deficiency with vehicle, driver, or other Area Regional Transit areas. Safety‐related complaints are immediately routed to a supervisor on‐duty or the CSO for investigation mitigation and response. Complaints may be a result of phone calls, the website, or Area Regional Transit public forums. Page 318 of 433 Page | 31  On‐time Performance – serves as an indicator of issues with time management, environmental factors, scheduling, and vehicle and driver performance.  On‐board Surveys – conducted annually, allow Area Regional Transit to receive rider feedback about bus operator performance, customer service, and vehicle safety. Safety  Safety Performance Measure: Fatalities (total number of reportable fatalities and rate per total vehicle revenue miles by mode)  Safety Performance Measure: Injuries (total number of reportable injuries and rate per total vehicle revenue miles by mode)  Safety Performance Measure: Safety Events (total number of reportable events and rate per total vehicle revenue miles by mode)  Safety Performance Measure: System Reliability (mean distance between major mechanical failures by mode) 7. Safety Promotion Communication of Area Regional Transit safety and safety performance information is achieved primarily through Area Regional Transit’s Safety Management Policy and includes:  Information on hazards and safety risks relevant to employees’ roles and responsibilities, and  Safety actions are taken in response to reports submitted through an employee safety reporting program ESRP  The County will monitor any ESRP forms during regular oversight visits Area Regional Transit has a comprehensive safety training program for all employees and sub‐ contractors directly responsible for safety. Area Regional Transit’s Safety program includes appropriate training for employees at all levels in all departments. Operator Selection Hiring Practices Selecting applicants best suited to excel at the Bus Operator job requirements is critical to safe transit operations. The transit Bus Operator is directly responsible for the safety of not only the passengers, but also the pedestrians, bicyclists, drivers, and all others who share the road with the transit vehicle. Area Regional Transit’s hiring process includes the following components: Applications Applicants are sought through postings in traditional and culturally diverse media, referrals from current employees, posted in public facilities, a local newspaper, MV’s website, and applications filed by Page 319 of 433 Page | 32 prospective candidates when there are no positions available. The applications are screened by key personnel in Human Resources and Transit Operations. Interview After application reviews, applicants are then interviewed by a panel comprised of an Operations Supervisor, an Operator/Instructor, and an HR or other administrative staff person. The interview process is designed to evaluate a candidate’s strengths in customer service, the ability to simultaneous perform tasks, conflict resolution, and the ability to perform well under temporal and interpersonal pressure. Driving Record To be eligible for hire, a candidate must submit an acceptable driving record that meets the minimum hiring requirements with Area Regional Transit. Licensing To be eligible for hire, a candidate must be able to earn a CDL with a Passenger and Air Brake Endorsement. Criminal Background Check To be eligible for hire, a candidate must submit to a Criminal Background Check administered by the Florida Department of Elder Affairs and other state and federal agencies. The results must meet all statutory and Area Regional Transit standards for the Bus Operator position. Drug Testing To be eligible for hire, a candidate must produce a negative result for a pre‐employment drug test. Physical Capacities Testing To be eligible for hire, a candidate must pass a position‐specific physical capacities test. Training There are formal training programs for Bus Operators, Maintenance employees, and Operations employees. These include training classes, manuals, Area Regional Transit Standard Operating Procedures, and on‐the‐job training. The safety component of training is designed to make employees aware of the hazards of their jobs and the appropriate methods for controlling these hazards. The training is intended to motivate employees to work safely. The three main categories of training are (1) Initial, (2) Periodic, and (3) Remedial or Refresher. Initial Bus Operator Training New Bus Operators receive intensive training. The training is from 5 to 8‐week long. The training course covers every aspect of their new job. Some components of the training are delivered in the classroom. The majority of learning occurs on the buses during off‐route and on‐route training. The training includes, but is not limited to, the following areas:  Operator Excellence Training  Bicycle and Pedestrian Awareness Page 320 of 433 Page | 33 Orientation to Area Regional Transit Bus System Basic Bus Maneuvers System Procedures Communication skills Customer Service Accessible Service Emergency Management Fleet Services Personal Safety Health/Injury Prevention Stress Management CDL Preparation On‐route Training Road Rage / Work Place Violence Active Shooter Security Awareness / NTI Awareness Training Fatigue Awareness De‐escalation Training On‐route training provides real service experience with an Operator Instructor on the new operator’s regularly scheduled work. The time the new employee operates the revenue route is increased daily. Each day the student receives a full review and debriefing from his or her instructor. Instructors communicate with one another regarding where additional training for new operators is required. Student rotation among the Operator Instructor group provides each student with experience across various routes, vehicles, times of day, instructional styles, and driving conditions. After the initial training, new Bus Operators receive additional support and training as needed. Annual Training for All Bus Operators Every year, each bus operator receives one full day of refresher and topical training. The training addresses, but is not limited to, the following topics: Fatigue Awareness Dealing With Difficult People Resolving Conflict Harassment Page 321 of 433 Page | 34  Effectively Dealing With People of Differing Ages  Proper Securement of Mobility Devices  Defensive Driving Course  Blood borne Pathogens  Safety/Security Update  Injury Prevention  Accessible Service Sensitivity  PTASP Initial Operation Supervisor Training Transit Operations Supervisors begin their career path, almost exclusively, as bus operators who first work in the position of temporary supervisor or dispatcher. A temporary supervisor performs many functions of the full supervisory position and receives training in, but not limited to, the following areas:  Drug & Alcohol (Policy and procedures for all types of FTA‐mandated testing)  Accident Investigation (based on the TSI model)  Emergency Procedures  Security Procedures  On‐the‐job Injury Claims  Blood Borne Pathogens  Data Entry and Recordkeeping  Sexual Harassment  Cultural Diversity  Coaching/Criticism/Discipline  Dispatch Operations  Field Operations  First Aid and Defibrillator  Basic Writing  De‐Escalation  Conflict Resolution  Right to Know  Safe Place Page 322 of 433 Page | 35 Injury and Illness Prevention Training Injury and Illness Prevention Training is directed toward achieving a safe working environment for all employees and reducing the chance of occupational‐related injuries and illnesses. The majority of training targets employees working in the Maintenance and Facilities Maintenance Departments because they have the greatest exposure to occupational hazards. The program is based on applicable Federal, State, and local safety codes and regulations. Some areas addressed in training include:  Handling Hazardous Materials (Right to Know)  Slips, Trips, and Falls / Fall Protection  Personal Protection Equipment  Material Safety Data Sheets (MSDS) and Labels  First Aid  Spotter Backing Out Vehicle from Shop Training  Fueling Procedures Propane Leak‐fire Procedures  Tire Machine Safety Training  Blood borne Pathogens  Hazardous Communication  Spill Response Emergency Response Planning and Coordination Details are contained in the Area Regional Transit Emergency Action Plan and Evacuation Request Procedures. System Modification Design Review and Approval General Process The Area Regional Transit bus system is regularly modified in response to operational experience, the addition of new types of service, and changes in service design and levels. Area Regional Transit’s philosophy is to use appropriate new technologies to benefit the environment and the community it serves. The challenge is to review any proposed modification adequately before it is approved. Any proposed modification should be evaluated to ensure it is compatible with existing systems and does not introduce new hazards to the system or reduce the effectiveness of existing hazard controls. Equipment modifications may be proposed by any employee of any department that uses the equipment. Changes may also occur from an analysis of reliability performance, historical data, and available improvements in equipment design and components. Modification Design Review The director and managers shall make a review of any modification in the equipment design of the department responsible for the equipment. It is an informal practice to include human resources and operations in the review regarding any change that might affect safety. The impact on the safety of all Page 323 of 433 Page | 36 designs and specifications should be identified and evaluated before the change is approved. Some of the areas to be considered include but are not limited to:  Hazardous Materials (handling and use)  Motor Vehicle Safety  Human Factor  Occupational Health and Safety  Materials Compatibility  Fire Protection  Lighting  Braking systems  Mirrors  Warning Devices Modifications must not be made before determining how they might affect the safety of the system or any other systems. Other departments may evaluate a proposed change to determine its compatibility with other systems (e.g., hoists, fueling systems, communications systems). The evaluation may also include a review of applicable regulations, such as the Federal Motor Vehicle Safety Standards and Regulations and the U.S. Department of Labor’s Occupational Safety and Health Act. Testing may also be performed to evaluate the safety of a proposed modification. The testing of small changes may be minimal. For substantial modifications, extensive field testing, mock‐ups, and structural evaluations may be employed. Modification Design Approval Final approval is generally made by either the Director of Maintenance or the Assistant Transit Director of Operations and Maintenance with the concurrence of the Chief Safety Officer (CSO) and the Accountable Executive (AE). When modifications are made by a bus manufacturer, the Director of Maintenance works with the manufacturer, and contractual changes may be made. If changes are substantial, additional training will be provided for maintenance and operation staff. Monitoring Once a modification is put in place, feedback from the operating department is solicited to evaluate the performance of the modification. Unsolicited input from the operating department and its employees (end users) is also encouraged. Depending on the nature of the modification, the Human Resources, Planning, and the Safety Committee may be involved in the process. Documentation The Maintenance Department is responsible for documenting any vehicle or facility modifications. Documentation may involve changing diagrams, schematics, manuals, service bulletins, service intervals, standard operating procedures, and Material Safety Data Sheets. Maintenance Supervisors are responsible for updating Safety Data Sheets based on input from product manufacturers. Page 324 of 433 Page | 37 Routes The Scheduler designs Para Transit Route modifications. Planning may use a current Bus Operator to test routing. This experience‐based, real‐world process is designed to protect the safety of the transit bus, transit passengers, other vehicles, and pedestrians. The Scheduler informs the Operations Department and Safety Committee of any proposed route modifications. The Scheduler can request that the Committee evaluate a specific proposal, or the Committee can choose to evaluate any proposed modifications. Transit operations management may request a route modification it believes will improve operations. It may also choose to evaluate a modification that has been proposed by another department. Input from individual Bus Operators is encouraged through the Loss Prevention Investigation Form, direct communication, and periodic surveying of Operators conducted by Schedulers. Finally, the Scheduler maintains a cooperative working relationship with the appropriate planning and road departments of all municipal levels of government within which Area Regional Transit operates. Additional Information The Area Regional Transit PTASP was developed from documents, policies, and procedures and manuals. Those documents are listed below:  Area Regional Transit Employee Handbook  Vehicle Maintenance Plan  Facility Maintenance Plan  Training Manual Page 325 of 433 Page | 38 Appendix 1 Glossary Accident means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of rail transit vehicles; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. Accident Review Committee engages in the accident review process reviewing accident reports and evidence, and each committee member confidentially decides of responsibility for an accident. Accidents and Incidents are classified as Preventable or Non‐Preventable Accountable Executive (AE), (typically the highest executive in the agency) means a single, identifiable person who has ultimate responsibility for carrying out the Safety Management System of a public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the agency’s Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency’s Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Chief Safety Officer (CSO) an individual who manages the day‐to‐day adherence to the Safety Plan and, while in this role, reports directly to the Accountable Executive (AE). As CSO, this individual will monitor safety and security throughout the organization, including sub‐contractors. All departments have been notified of the CSO’s role and the established reporting requirements relating to safety‐related matters. Employee Safety Reporting Program (ESRP) a program developed to enable employees to report any risk or perceived risk to a supervisor, CSO, or member of the administration that is non‐punitive. The ESRP is designed to allow employees to report safety conditions to senior management without fear of disciplinary action or termination for reporting unsafe conditions and safety hazards. Event means an accident, incident, or occurrence. Fatality means a death or suicide confirmed within 30 days of a reported event. It does not include deaths in or on transit property resulting from illness or other natural causes. Reported in National Transit Database (NTD) data sheet S&S‐40 Florida Department of Transportation (FDOT) the state department of transportation responsible for administering transit grant programs to eligible recipients. Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Incident means any event that involves any of the following: a personal injury that is not serious; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a transit agency. Injury is defined as any damage or harm to persons due to an event that requires immediate medical attention away from the scene—reported in National Transit Database (NTD) data sheet S&S‐40 for a major event and SS‐50 for a non‐major event. Page 326 of 433 Page | 39 Major Mechanical Failures is defined as a failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because the actual movement is limited or because of safety concerns. Reported in National Transit Database (NTD) data sheet S‐20 National Transit Database (NTD) The NTD was set up by Congress in 1974 to be the repository of data about the financial, operating, and asset conditions of American transit systems. The NTD is designed to support local, state, and regional planning efforts and help governments and other decision‐makers make multi‐year comparisons and perform trend analyses. OSONOC Other Safety Occurrence Not Otherwise Classified The Public Transportation Agency Safety Plan (PTASP) safety plan integrates safety into all Area Regional Transit system operations. The safety plan describes the policies, procedures, and requirements to be followed by management, maintenance, and operations personnel to provide a safe environment for employees, customers, and the general public. The goal of this program is to eliminate the human and fiscal cost of avoidable personal injury and vehicle accidents. Passenger means a person other than an operator who is on board, boarding, or alighting from a vehicle on a public transportation system for the purpose of travel. Transportation Planning Organization Transportation Planning Organization (TPO) is the duly designated and constituted body responsible for carrying out the urban transportation planning and programming process for designated. Safety Assurance means the process within a transit agency’s Safety Management System that functions to ensure the implementation and effectiveness of safety risk mitigation and to ensure that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Event is defined as a collision, derailment, fire, hazardous material spill, the act of nature (Act of God), evacuation, or OSONOC occurring on transit right‐of‐way, in a transit revenue facility, in a transit maintenance facility, or involving a transit revenue vehicle and meeting established National Transit Database (NTD) thresholds. Reported in National Transit Database (NTD) data sheet S&S‐40 for major event and SS‐50 for non‐major event Safety Committee is charged with overseeing procedures and processes that directly and indirectly affect the safe operation of the Bus and Paratransit Systems. The Safety Committee shall review and make recommendations for improvements to system operations and maintenance by conducting quarterly inspections and audits of facilities, vehicles, operations, and maintenance personnel standard operating procedures, processes, and practices. Safety Management Policy means a transit agency’s documented commitment to safety, which defines the transit agency’s safety objectives and the accountabilities and responsibilities of its employees about safety. Safety Management System (SMS) means the formal, top‐down, data‐driven, organization‐wide approach to managing safety risk and assuring the effectiveness of a transit agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Page 327 of 433 Page | 40 Safety objective means a general goal or desired outcome related to safety. Safety performance means an organization’s safety effectiveness and efficiency, as defined by safety performance indicators and targets, measured against its safety objectives. Safety performance indicator refers to a data‐driven, quantifiable parameter used for monitoring and assessing safety performance. Safety Performance Measure is an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Safety performance monitoring means activities aimed at quantifying an organization’s safety effectiveness and efficiency during service delivery operations, through a combination of safety performance indicators and safety performance targets. Safety performance target means a quantifiable level of performance or condition, expressed as a value for a given performance measure, achieved over a specified timeframe related to safety management activities. Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the transit agency’s public transportation system. Safety risk means the assessed probability and severity of the potential consequence(s) of a hazard, using as reference the worst foreseeable, but a credible outcome. Safety risk assessment means the formal activity whereby a transit agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks. Safety risk mitigation means the activities whereby a public transportation agency controls the probability or severity of the potential consequences of hazards. Safety risk probability means the likelihood that a consequence might occur, taking as reference the worst foreseeable–but credible–condition. Safety risk severity means the anticipated effects of a consequence, should it materialize, taking as reference the worst foreseeable–but credible–condition. Security Event means an occurrence of a bomb threat, bombing, arson, hijacking, sabotage, cybersecurity event, assault, robbery, rape, burglary, suicide, attempted suicide (not involving a transit vehicle), larceny, theft, vandalism, homicide, CBR (chemical/biological/radiological) or nuclear release, or other events. Serious Injury means any injury which: (1) Requires hospitalization for more than 48 hours, commencing within seven days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second‐ or third‐degree burns, or any burns affecting more than 5 percent of the body surface. Page 328 of 433 Page | 41 State of Good Repair means the condition in which a capital asset can operate at a full level of performance. System Reliability is defined as measuring the mean distance between major mechanical failures in a transit system and usually measured by mode. Vehicle Revenue Miles (VRM) Means the miles that vehicles are scheduled to or travel while in revenue service. Vehicle revenue miles include: • Layover/recovery time. Exclude: • Deadhead; • Operator training; • Vehicle maintenance testing; and • School bus and charter services. Page 329 of 433 Page | 42 Appendix 2 Loss Prevention Investigation Report Form Ref: 1 Version: 1 Hazard identified: Conducted by: In attendance: Location of Hazard: Date: What is the hazard? What are the risks associated with the hazard? People/person who may be affected by the hazard: What has already been done to control the hazard? (Note: leave this section blank if nothing has been done) Initial risk rating: low moderate high critical catastrophic (Note: further action needs to be taken if the initial risk rating for the hazard is higher than “low”) What further action needs to be taken? (eg. provide training, review of safe work procedure, provide manual task equipment, etc.) By when (date): Residual risk rating: low moderate high critical catastrophic (Note: the residual risk rating should be “low” at this stage; if this is not the case, think of a more effective way to control the hazard) Completion date: Completed by: Version 1 03162020 Page 330 of 433 Page | 43 Appendix 3 Page 331 of 433 Page | 44 Appendix 4 Page 332 of 433 MV TRANSPORTATION, INC. Safety Management System (SMS) Plan DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 333 of 433 1 1. Safety Management Policy ............................................................................................................................................................... 3 Safety Management System (SMS) Policy Statement ........................................................................................................................ 3 1.1 Commitment to Safety Statement ................................................................................................................................................. 5 1.2 Safety Management System Development ................................................................................................................................... 6 1.3 Operations and Maintenance Procedures .................................................................................................................................... 6 1.4 Employment and Recruitment Selection ...................................................................................................................................... 8 1.5 Drug and Alcohol Programs ........................................................................................................................................................... 8 1.6 Workplace Violence Program ........................................................................................................................................................ 8 1.7 Fitness for Duty ............................................................................................................................................................................... 9 1.8 Exposure to Infectious Diseases .................................................................................................................................................... 9 1.9 Policies and Procedures Review .................................................................................................................................................... 10 1.10 Employee Safety Reporting Program (ESRP) ............................................................................................................................... 10 1.11 Authorities, Accountabilities and Responsibilities ...................................................................................................................... 11 1.12 Emergency Management Integration and Procedures .............................................................................................................. 13 1.12 SMS Documentation and Records ............................................................................................................................................... 13 2. Safety Risk Management .................................................................................................................................................................. 13 2.1 Accident and Incident Reporting and Response ........................................................................................................................... 14 2.2 Safety Hazard Identification and Analysis ..................................................................................................................................... 15 2.3 Evaluation, Mitigation and Communication of Safety Risk .......................................................................................................... 17 3. Safety Assurance ............................................................................................................................................................................... 17 3.1 Safety Performance Monitoring and Measuring .......................................................................................................................... 18 3.2 Management of Change ................................................................................................................................................................. 18 3.3 Continuous Improvement .............................................................................................................................................................. 19 3.4 Risk Reduction Program ................................................................................................................................................................. 19 4. Safety Promotion .............................................................................................................................................................................. 20 4.1 Competencies and Training ........................................................................................................................................................... 20 4.2 Safety Communication ................................................................................................................................................................... 22 5. Supporting Resources ....................................................................................................................................................................... 23 5.1 Acronyms and Abbreviations ......................................................................................................................................................... 24 5.2 Definition of Terms ......................................................................................................................................................................... 25 5.3 Version Updates ............................................................................................................................................................................. 28 PTASP Addendum ................................................................................................................................................................................. 29 Transit Agency Information .................................................................................................................................................................. 29 PTASP Approval ..................................................................................................................................................................................... 30 DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 334 of 433 2 Annual Review of Plan .......................................................................................................................................................................... 30 Safety Performance Targets ................................................................................................................................................................. 31 Safety Performance Target Coordination ............................................................................................................................................ 31 Appendix ............................................................................................................................................................................................... 32 Attachment A ........................................................................................................................................................................................ 32 Attachment B ........................................................................................................................................................................................ 33 Contract / Agency-Specific Attachments ............................................................................................................................................. 35 DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 335 of 433 3 1.Safety Management Policy Safety Management System (SMS) Policy Statement MV Transportation, Inc. is committed to providing the highest level of safety for the public, our employees and contractors. Satisfying our customers’ special needs with 100% regulatory compliance and the lowest possible risk is our first operational priority. We will never increase our risk of accident or injury to solve operational problems in the course of providing the Best Customer Experience. To meet that commitment, MV Transportation has adopted the Safety Management System (SMS) and developed safety policies and activities in support of an effective SMS. This plan is based on the four components of SMS: Safety Management Policy, Safety Risk Management, Safety Assurance, and Safety Promotion. Every employee and contractor are directed and empowered to administer the SMS and its specific activities for the prevention, control, and resolution of unsafe conditions and actions. The primary objectives of this SMS plan are to proactively identify and mitigate safety hazards and risks, promote a positive safety culture, and maintain regulatory compliance. Our safety objectives are to: •Ensure that effective safety management systems and processes are integrated into all of our activities. •Designate an individual responsible for the safety function who reports directly to the Chief Executive Officer of the company and authorize that individual to develop and implement programs to promote safety. •Ensure all employees and contractors are aware that safety is their primary responsibility and they are held accountable for delivering the highest level of safety in their daily work activities. •Clearly define the safety accountabilities and responsibilities to all employees and contractors, including the responsibility of managers and supervisors to develop, implement, and enforce safety rules and procedures in their respective work areas. •Provide all employees and contractors with appropriate safety information and skills training; ensure employee and contractor competence in all safety matters related to their position with the company. •Develop and embrace a positive safety culture in all of our activities that recognizes the importance and value of effective safety management and acknowledges that safety is the number one operating value in everything we do. •Ensure a culture of open reporting of all safety hazards, ensuring that no action will be taken against any employee who discloses a safety concern through the proper chain of command, unless such disclosure indicates, beyond any reasonable doubt, an illegal act, gross negligence, or a deliberate or willful disregard of regulations or procedures. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 336 of 433 4 •Promote and maintain a positive safety culture with positive recognition and reinforcement of safe behaviors. •Ensure that all equipment, systems and services meet our safety performance standards through periodic audits and inspections. •Establish performance metrics and measures of our safety performance against our safety performance indicators and safety performance targets. •Continually develop and improve our safety processes through actively monitoring, measuring, and reviewing our performance against our objectives and targets. •Conduct safety and management reviews to improve our safety performance and ensure that relevant and corrective actions are taken. •Comply with all state and federal regulatory requirements and standards. Signed: ________________________ Date: ___________ Harry Wilson, Executive Chairman DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF 12/22/2022 Page 337 of 433 5 1.1 Commitment to Safety Statement Providing the highest level of safety for all MV Transportation employees, passengers, and the communities we serve is our core operating value. Safety is at the forefront of delivering the Best Customer Experience and is the first of our key components of successful performance. Doing work safely must be the foundation of all operational activities. Safety standards will never be compromised, subordinated or diminished by any other goal. Safety is the process that drives all functions and activities and is at the center of everything we do at MV Transportation. MV Transportation is committed to being the safest organization possible and is committed to an incident and injury free workplace and security excellence. We will review and continually improve our practices to continuously drive improvements in safety, health, environmental, and security performance. Accountability is fundamental to our mission. Every individual at MV is responsible for working and acting safely and embracing safety as a lifestyle. Compliance with this Commitment, applicable laws, and other requirements is the responsibility of every employee and contractor acting on our behalf. Safety leadership is a core responsibility of management and is the company's most important management value. Managers at all levels will set the standard in our industry, from the Chief Executive Officer to the first-level supervisor. Every employee is responsible to: •Promote and maintain a safe work environment for all personnel and our passengers. •Act consistently to influence safe behaviors and eliminate unsafe behaviors, actions and decisions. •Go above and beyond the minimum safety standards of his / her job. •Directly participate in all aspects of our safety program. •Abide by all applicable safety rules and regulations. •Work with management to decrease our exposure to risk. •Immediately report all incidents/accidents and hazards. •Complete all assigned safety training programs to continuously enhance safety skillset. •Intervene in an activity if it is observed that its being conducted with an unacceptable level of risk. •Encourage and reinforce the safe behaviors of others. •Resolve circumstances responsibly that require corrective action. •Insist upon an unwavering commitment to safety. MV leadership is committed to supporting this statement with the resources and accountability necessary to achieve safety excellence. Harry Wilson Executive Chairman Kevin Klika President and Chief Operating Officer DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 338 of 433 6 Contractor Management It is the responsibility of MV Transportation to ensure that contractor work practices meet established safety standards of the agency and any and all federal, state, and local regulations and requirements. (Safety Policy S-10). MV Transportation will monitor contractor compliance through scheduled and unscheduled safety audits of equipment, work sites and practices, regulatory compliance, and required records. Significant violations, especially in areas of safety, will be addressed by the appropriate management person, and may include termination of the contract or other legal action. 1.2 Safety Management System Development This Safety Management System (SMS) plan was developed to outline our systematic procedures, practices, and policies for managing risks and hazards. Additional plan elements are available as references to support the information outlined in this document. Key definitions of our process throughout our Safety Risk Management includes the following: •A hazard is a condition or object with the potential of causing injuries to personnel, damage to equipment or structures, loss of material, or reduction of ability to perform a prescribed function. The potential for harm is defined as safety risk. It refers to the chance that people, equipment, or the environment could be harmed by the consequences of a hazard. •What is done to address and reduce that risk is mitigation. •Consequence means an effect of a hazard, involving injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. •Event means any accident, incident, or occurrence. This SMS plan will be reviewed periodically to continuously improve in our mitigation of safety risk. We will review and continuously improve our practices to drive continuous improvement. Effectiveness at the site level will be determined at least annually through the Safety Director audit. Reviews may occur more frequently. This plan outlines the SMS activities for all employees and contractors employed by MV Transportation. Additional manuals and procedures should be referenced for more in-depth procedural detail. We will work with the transit agency at the site-location level to ensure these activities are also featured in their Agency Safety Plan. 1.3 Operations and Maintenance Procedures It is the policy of MV Transportation that company operations and all personnel will comply with all applicable requirements federal and state safety regulations (Safety Policy S-10). The system will be monitored for compliance with and sufficiency of operations and maintenance procedures. Non-compliance will be addressed through training, coaching, and management oversight, among other approaches. Non-compliance may result in disciplinary action, in DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 339 of 433 7 accordance with our policies and procedures. Insufficient procedures will be addressed through the Safety Risk Management process outlined in this plan. Any task that cannot be done safely should not be attempted until it can be done safely. It is the responsibility of the operator to perform thorough Daily Vehicle Inspections (DVIs) and submit those reports to dispatch personnel. It is the responsibility of the mechanics to review and repair all defects before the vehicle goes back into service. The procedure is listed out in greater detail in our Maintenance Manual. Monthly audits of facilities including yard and surrounding areas will also be conducted to verify OSHA compliance and hazard identification, mitigation and resolution. A vehicle with a safety defect is reported immediately by the operator. The vehicle shall be removed from service and not returned until repaired or replaced as soon as possible. In cases when the defect prevents the vehicle from being safely driven back to the garage, it is towed using a contracted service. No operator or other authorized employee is asked, required, or permitted to drive a vehicle with a known major safety defect and is required to wear a safety vest as well as any other appropriate PPE. As outlined in our Maintenance Manual, it is the responsibility of the maintenance manager to provide the general manager with a detailed account of the day’s vehicle status and maintenance activities. The maintenance manager shall ensure the operations manager is kept up-to-date on all daily meetings and reports. It is the policy of MV Transportation that maintenance managers are responsible to ensure all fleet vehicles are systematically inspected, maintained, and repaired. The preventative maintenance intervals shall conform to the OEM service specifications, FTA standards, and contractual requirements. (MP-03-02 – Preventative Maintenance). All seasonable maintenance services are to be conducted in accordance with OEM standards. (MP-03-10 – Seasonal Maintenance). Please refer to the Maintenance Shop Safety Manual and Maintenance Manual for further detail outlining policies and procedures, as well as our Safety Vest Policy S-46 and Yard Safety Procedures. Safety in Design, Acquisition and Procurement Operational safety and passenger safety are the highest priorities when defining vehicle and facility design requirements. Design criteria are established to ensure the equipment meets or exceeds all safety, flammability and environmental requirements and meets all state and federal standards and regulations. MV Transportation’s Procurement Department owns the procurement process and works closely with all impacted departments. Conditions covered in the Contract Specifications include verification of compliance, commencing with the design phase and periodic inspections and testing during the construction phase performed by qualified consultants. A thorough inspection and system testing is performed before the equipment is conditionally accepted. The Procurement Group works in conjunction with the maintenance, safety, and operations department when purchasing personal protective equipment for employees, controlling DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 340 of 433 8 chemicals and other hazards in the workplace, mandating safety requirements in specific contracts and requiring compliance from specific vendors and clients with MV Transportation’s safety requirements. 1.4 Employment and Recruitment Selection MV Transportation follows industry practices when hiring employees and contractors, including employment, criminal background, and MVR reports as required. Our hiring practices are compliant with FTA regulations on pre-employment / new hire testing and onboarding. 1.5 Drug and Alcohol Program The Drug and Alcohol Program Manager is responsible for administering the corporate program. The location Designated Employer Representative (DER) are responsible for location program compliance. The policies and procedures conform to the drug and alcohol regulations of the United States Department of Transportation’s (DOT), Federal Transit Administration (FTA) and/or the Federal Motor Carrier Safety Association (FMCSA), based on the service environment that the agency and contract operates under. The policy identifies that employees are subject to testing and includes the testing requirements, prohibited behavior, consequences of positive results and resources for employee assistance and rehabilitation. MV Transportation is committed to a Drug and Alcohol free workplace through a Zero Tolerance policy. Participation by covered employees in MV Transportation’s prohibited drug use and alcohol misuse program is a condition of employment. Supervisors must not permit a safety- sensitive employee to perform his/her job function if the employee has violated any provision of the Policy. Our Drug and Alcohol-Free policy extends to contractor personnel in safety-sensitive positions. 1.6 Workplace Violence Program MV Transportation is firmly committed to providing a workplace free from acts of violence or threats of violence. In keeping with this commitment, the Company has established a policy strictly prohibiting any employee from threatening or committing an act of violence in the workplace, while on duty, while on company related business, or while operating any vehicle or equipment owned or leased by the Company. Assistance is needed from all employees to achieve a workplace secure and free from violence. MV is committed to a “zero tolerance” policy and compliance with this policy in respect to workplace violence is every employee’s responsibility. Any and all incidents involving an act or threat of violence must be reported immediately to the employee’s supervisor or the Human Resources department. Any employee may do so without fear of retaliation of any kind. After the incident is reported to a supervisor, he/she will report the matter to the Human Resources department, who will conduct an investigation and take appropriate action. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 341 of 433 9 Any employee who engages in or contributes to violent or threatening behavior may be subject to disciplinary action, up to and including termination. 1.7 Fitness for Duty Fitness for duty is determined by Human Resources and Safety Management. It is the policy of MV Transportation that all drivers are professionals that manage fatigue and come to work well rested and prepared to provide a full measure of safe and reliable customer service (Safety Policy S-18). All employees that take medical leave must provide a return to work release from his/her health care provider prior to returning to work. The return to work statement should be submitted to the Leaves Manager in the Benefits department. Employees returning to work after 30 days or more break in service will be required to undergo a background check, return-to-work physical and drug test, as permitted or required by applicable federal or state law which includes but is not limited to regulations and requirements set forth by the DOT, FTA, FMCSA, OSHA and ADA. 1.8 Exposure to Infectious Diseases MV Transportation is committed to providing a safe and healthy workplace for all employees, customers, clients, and business partners. MV’s health and safety preparedness efforts follows the guidance published by the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), as well as guidance from a State health authority or other applicable industry guidance. Health and safety preparedness efforts include awareness on everyday preventative safety precautions, worker hygiene and source controls, workplace cleaning and disinfection, and communications and training practices. Employees are trained on the concept of Universal Precautions, which is adopted by OSHA as a way to protect yourself under the Bloodborne Pathogen standard. Universal Precautions include safe health hygiene practices to prevent infection by treating all bodily fluids as if they are infectious. All MV employees undergo training on Bloodborne Pathogens, which includes an overview and awareness of the standard, protecting against the risk of infection by avoiding direct contact with bodily fluids, wearing the appropriate PPE, proper donning and doffing of PPE, and proper hand-washing techniques or use of hand-sanitizer that is consistent with both CDC and OSHA guidelines. MV conducts annual refresher training on Bloodborne Pathogens during monthly safety meetings once a year. MV will continue to procure the recommended protective supplies, which may include cleaning and disinfection products, gloves, safety goggles and masks. If an employee is running low on PPE, they are to contact their supervisor. All employees are to take self-responsibility in practicing good hygiene skills and maintaining safe behavioral practices. Everyone has a role to play in making sure our workplaces and communities DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 342 of 433 10 are as safe as possible. Employees are to be informed of and encouraged to monitor signs and symptoms of an illness and to not report to work if they are ill. MV will continue to employ strategies to minimize the exposure of the public, personnel and property to hazards and unsafe conditions consistent with guidance received from health authorities. MV will continue to produce policies, procedures and postings to inform and encourage employees to maintain hygiene and infection control. 1.9 Policies and Procedures Review All policies and procedures require periodic reviews for applicability and accuracy. Policies and procedures include a revision date to ensure that all copies of the document are current. Specific policies and procedures are reviewed by department managers with the assistance of the Human Resources Department. Changes to policies and procedures will be made at the corporate level after a thorough review has been performed. The contractor’s safety policies and procedures will also be reviewed periodically for accuracy and compatibility with MV Transportation policies and procedures. To submit a request for revision, individuals must complete a Change Request. Details of the request must include the policy or procedure, description of the requested process change, any known impact, and implementation efforts. 1.10 Employee Safety Reporting Program (ESRP) Our front-line employees are our best source of information for identifying hazards. Nobody knows more about the actual safety performance of the transit system than the employees who deliver the service. The Employee Safety Reporting Program (ESRP) is intended to help the Accountable Executive and other senior managers get important safety information from across the transit agency. It can be an agency’s most important source of safety data. There are two types of safety reporting programs: mandatory and voluntary. •Mandatory: Employees must report hazards that are compliance-based and address regulatory issues. Employees are required to immediately report every incident and accident. An employee’s failure to report or provide false information of an unsafe hazard or act could result in disciplinary action. •Voluntary: Employees are strongly encouraged to report hazards and can report anonymously. Every employee is empowered to report any unsafe hazard / risk to their supervisor or senior management without fear of retribution or penalty. Employees will have the option to report anonymously to maintain confidentiality. The ESRP is non-punitive and employees will not be disciplined for the act of reporting the Hazard or Near Miss. However, employees must report hazards that are compliance-based and address regulatory issues. Record falsification, Drug & Alcohol violations, gross negligent behavior, and DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 343 of 433 11 failure to report accidents/incidents and serious safety hazards are examples of employee behaviors that may result in disciplinary action. Forms of reporting can include submitting a completed SMS Hazard/Risk Report Form (found in the Appendix) or utilizing a centrally located Safety Suggestion Box at the division location. The transit agency may also have an additional form of Employee Safety Reporting. The Hazard/Risk Report Form shall be completed immediately, so proactive measures can be taken as soon as possible. Depending on the perceived level of risk and severity, the report shall be submitted immediately or by the end of their shift. Input by employees into the ESRP can include safety concern reporting, operational system description, hazard identification, safety deficiencies, risk assessments, potential consequences of hazards, or recommended safety risk mitigations. Examples of reports may include the following; •Safety hazards in the operating environment (for example, county road conditions) •Policies and procedures that aren’t working as intended (for example, insufficient time to complete pre-trip inspections) •Events that senior managers might not otherwise know about (for example, near misses) •Information about why a safety event occurred (for example, radio communication challenges contributed to an incident) The information we receive through this source will help us resolve the reported hazard and notify the supervisor or senior management of changes that may need to be made to mitigate safety hazards in the future. The Safety Department will lead the effort on collection, analysis, resolution, and monitoring of hazards and feedback entered through the ESRP. The Safety Department will take the lead on the Safety Risk Management process, with inputs from subject-matter experts in operations and maintenance. Information collected through our ESRP will feed into our hazard identification and analysis process. Please reference that section of the plan for further information on mitigation, resolution, and communication. 1.11 Authorities, Accountabilities & Responsibilities Safety accountabilities and responsibilities span from corporate organizational roles to contract management and front-line employees. All employees are responsible for safe operations, as outlined in our Commitment to Safety statement. The CEO provides strategic direction and has the responsibility for providing the leadership and resources to carry out the Safety Management System plan. Agency Leadership and Executive Management are tasked and authorized with making sure that the organization safety policies and procedures are followed and communicated to their direct reports, general managers, managers and front-line supervisors. They will provide positive DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 344 of 433 12 leadership and direction in maintaining the safety policy as a major priority in all operations. This group is responsible for providing resources to acquire and maintain safety and health equipment, devices and programs. They will support safety standards and behaviors ensuring that steps are made to identify and mitigate hazard and risk. The Safety Leadership team, including the Chief Safety Officer, VP of Safety, or Director of Safety, has the authority and responsibility for making sure the safety policies and procedures are adhered by and promoted by senior management, department supervisors and managers, area safety directors and key safety team members. The Safety Leadership team will stay informed of law changes or updates concerning employee safety and record keeping and will amend safety policies as required. This group will conduct periodic reviews of safety standards to remain current with federal and state requirements. They will provide guidance in maintaining a high standard of safety training programs and assist in analyzing safety data to identify future mitigation strategies. The Directors of Safety will conduct an annual audit to ensure compliance with Federal, State and Local rules and regulations as well as company policies and procedures. Key Staff, including Department Supervisors, Managers and all other employees, are tasked with following all company safety policies to include, but not limited to, FTA, FMCSA, USDOT, ADA safety regulations. Managers and Supervisors are responsible for staying current on all internal and external safety training. They are also responsible with reporting or responding to accidents, injuries, near misses, unsafe working conditions and potential hazards within their scope of influence. Supervisors and Managers will evaluate employee performance ensuring each employee’s safe behavior and work methods and coach, retrain and discipline as required. They will conduct monthly facility audits to ensure compliance. They are also responsible for promoting the ESRP and reviewing and resolving all submissions responsibility. Location Safety Committee shall be established at the division facility per internal MV policies and partnering with the transit agency to comply with the requirements of the PTASP regulation under 49 CFR Part 673. According to the PTASP regulation, transit agencies that are required to have an ASP in place, receive 49 U.S.C. § 5307 funding, and serve a large urbanized area with a population of 200,000 or more will be required to form a safety committee. MV will partner with the transit agency to form a safety committee that is convened by a joint labor-management process and consisting of an equal number of frontline employee representatives and management employees. In addition to the above overview of safety roles and responsibilities by group, the following highlights the site-specific roles and responsibilities. This is in addition to the responsibilities listed out in our Commitment to Safety (page 4) and SMS plan objectives (page 2). General Manager: Ultimate responsibility for the safety performance of the location and authorizes activities to support an effective SMS. Operations Manager: Responsible for promoting operational safety and adhering to our policies and procedures. Safety and Training Manager: Responsible for the day-to-day implementation and operation of the SMS. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 345 of 433 13 Maintenance Manager: Responsible for OSHA compliance and site-specific maintenance activities. Trainers / Instructors: Responsible for ensuring that we are training every employee to proficiency in accordance with our performance standards. Supervisors: Responsible for playing an active role in SMS activities, including sufficient road observations and identifying potential safety hazards with recommended solutions. Location Safety Committee: Responsible for ensuring that reported safety items are reviewed and addressed; identifying and recommending risk-based mitigations or strategies and the effectiveness of existing mitigations / strategies; identifying safety deficiencies for purposes of continuous improvement. 1.12 Emergency Management Integration and Procedures Every site location is to maintain an updated Emergency Action Plan (Safety Policy S-21). The purpose of the Emergency Action Plan is to assist employees and management in making quality decisions during times of crisis, and to comply with regulatory standards for Emergency Action Plans. The Facility Emergency Action Plan will be reviewed and updated annually. Certain practice drills are to be planned and carried out for preparedness during emergency scenarios. The Emergency Action Plan is available on our intranet site and should be printed and stored in the division. 1.13 SMS Documentation and Records Processes that require documentation or forms to support an effective SMS are listed out in this plan within the corresponding section. Site locations that are subject to the PTASP Final Rule will be required to maintain documentation and recordkeeping for a minimum of 3 years. 2.Safety Risk Management The FTA defines Safety Risk Management as a process within the agency’s Public Transportation Agency Plan for identifying hazards and analyzing, assessing, and mitigating the safety risk. Through risk identification and assessment, a determination is made of the probability and severity of potential losses. Safety and loss control programs are developed to modify and eliminate or reduce the risks of these exposures. 2.1 Accident and Incident Reporting and Response DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 346 of 433 14 It is the policy of MV Transportation to minimize injury, damages, pain and suffering for people involved in vehicular mishaps involving MV vehicles, to promptly respond, report and to thoroughly investigate these occurrences. (Safety Policy S-32) All incidents, including near misses and minor events, should be reported as soon as possible – whether or not the incident did or could have resulted in personnel injuries, illnesses, or property damage. The incidents shall be immediately reported from the scene. Operator at scene shall immediately contact Dispatch and provide incident details. When possible, it is the responsibility of the General Manager to make sure that a manager or supervisor responds to the accident to ensure care for our driver and equipment, secure the incident site, preserve evidence, review of accident investigation and proper review of company liability. The initial accident/incident claim line information sheet should be completed with details to convey to our claims department. Accident and incident response procedures will vary depending on the severity of an incident (“major” vs. “minor” definition thresholds outlined in Safety Policy S-32). All employees, supervisors and managers should be knowledgeable on response procedures outlined in Risk Management SAF-001 Accident Procedures guideline and High Priority Event notification procedures. The General Manager and Safety Manager are responsible for ensuring a timely investigation and report is completed. Reports are reviewed by the department manager, who determines preventability (Safety Policy S-1). Reports may also be reviewed by Risk Management and the Director of Safety. Additional actions and activities may be requested from the Risk Management department or Regional Director of Safety. Copies of the accident/incident reports and a summary are kept for review and reporting as necessary. Work Injuries Work injuries include any injury, occupational disease, or disability that arises out of, or in the course of, any work-related activity and requires first aid or medical treatment. Worker’s compensation OSHA-related injuries are considered work injuries for the purpose of this policy. Injuries should be reported by the injured employee or a witness to dispatch or his/her immediate supervisor as soon as possible. If the injured employee needs medical attention, the appropriate response by coworkers (dispatch, supervisor, manager) is to: •Assess the injury. •Call 911 if necessary. •Begin emergency medical treatment, if willing and able. •Continue treatment until emergency responders arrive. •Inform Management or Director of Safety. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 347 of 433 15 •Complete a written report as soon as possible. The injured employee must complete an Employee Injury Report for the Human Resources and Safety department as soon as possible. In compliance with OSHA regulations, all reportable employee injuries will be recorded by a representative from the Safety department and a summary will be posted from February 1 to April each year for employee review. The Supervisor will conduct an investigation to determine the root cause of the incident surrounding the injury (Safety Policy S-30). The Supervisor will issue a written report for review by Risk Management, Regional Manager - Maintenance, General Manager and Area Safety Director. Recommendations may be issued and will follow normal channels of communication. Investigative resources will include the Employee Injury Report, eyewitness accounts, employee interviews, equipment testing, and any other reasonable means to determine root causes. Injury reports will be kept on file for future analysis. Accident and Incident Investigation It is the policy of MV Transportation to investigate all incidents/injuries, to identify causes, and to correct deficiencies, if any (Safety Policy S-1). Effective incident investigation is an essential step towards making improvements in the system or process that can prevent future incidents from similar causes. It is the key to correcting and improving unsafe behavior in the workplace. Identifying all factors that came into play to cause an incident, accident, or injury, and getting down to the root cause, is the only way to ensure proper steps will be taken to prevent a recurrence. This includes examining driving and work procedures and revising them if found faulty; and identifying violations of MV, OSHA, DOT, FTA, or other procedures, rules or regulations. (Safety Policy S-32) After corrective actions have been identified and put in place, the management team or Regional Safety Director will follow-up to ensure that corrective actions remain in place and have effectively corrected incident causes. 2.2 Safety Hazard Identification and Analysis Hazards identifications could be submitted directly or could be derived from trends or other data analyses. Hazards can be identified through a variety of sources, including; 1.Reviews 2.Observations 3.Investigations 4.ESRP 5.Passenger feedback DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 348 of 433 16 When a hazard has been identified, it will be tracked in a Safety Risk Register log, using the FTA template provided. This includes the description of the risk, rating of the risk, the action to address it, and how we are going to monitor that action for its effectiveness. The hazard will be rated with an “as reported” risk assessment ranking, which will be followed up for a re-evaluation after a mitigation strategy has been implemented. Reviews •DriveCam scored or coachable events – driver specific or aggregated trends of at-risk behaviors •Monthly performance or quarterly reviews of both leading and lagging indicators Observations •Road observations and ride checks •Mystery rider program (if applicable at the site location) •Customer/passenger comments •Third-party notifications Audits and Inspections •Monthly facility inspection •Daily walk-through •Pull-out procedures •New driver assessments (Safety Policy S-37) •Refresher training (Safety Policy S-12) •Annual safety director audit •Maintenance audit Investigations •Accident and incident investigation •Injury root cause investigation Hazard Analysis Once a hazard has been identified, it must then be analyzed. Analysis may include a description of the hazard, supporting results documents, photos, and/or suggestions for resolution. Unless a hazard can be eliminated, it’s safety risk must then be managed. We analyze this in terms of how likely it is to happen (probability or frequency) and how bad it could be (severity). Hazard Probability Categories and Hazard Resolution Matrix, see Attachment A, and then by determining the best method for remediation. Near Miss reporting will be collected through Dash Camera Systems, as well as encouraged through the ESRP. If not captured through a Dash Camera System, Near Miss reporting can be completed on the Hazard Risk Form and reported to the location Safety Manager or Supervisor. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 349 of 433 17 2.3 Evaluation, Mitigation and Communication of Safety Risk The last step is to develop possible mitigation strategies that address identified safety risks. In evaluating safety risks, identifying what is being done now vs. what can be done in the future is an important consideration. The review must identify facts, establish root causes, and suggest methods for mitigating or preventing recurrence. Statistics from accident and incidents are tracked and compared to performance measures and targets to identify where mitigations may or may not be effective. The identified hazards are reviewed and assessed, and a priority is set based on severity of risk using the Hazard Resolution Matrix. The Location Safety Committee (LSC) plays an important part of hazard reduction and hazard resolution. The LSC shall be established at the division facility per internal MV policies and partnering with the transit agency to comply with the requirements of the PTASP regulation under 49 CFR Part 673. The committee should provide inputs/ideas to ensure a safe work environment is established and maintained. The committee will be responsible for identifying and recommending risk-based mitigations, evaluating the effectiveness of those risk-based mitigations, and identifying additional safety deficiencies for purposes of continuous improvement. Hazard Resolution and Communication When the safety hazard and analysis has been completed, the location supervisor or manager who will then coordinate efforts with essential personnel to resolve the hazard in a timely manner. In cases where an immediate threat to safety exists, work will be immediately suspended by the location management while the hazard is addressed and mitigated. Many hazards can be resolved through more than one means, but the general process for determining the best method should be by considering engineering controls, administrative work practices, or employee actions. Communication of resolution and status of SMS activities is listed out in section 4 of this plan. 3.Safety Assurance The FTA defines Safety Risk Management as a series of processes within a transit agency’s Safety Management System that function to ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Assurance subcomponents includes: 1.Safety Performance and Monitoring and Measurement 2.Management of Change DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 350 of 433 18 3. Continuous Improvement 3.1 Safety Performance and Monitoring and Measurement Data is constantly collected through the transit agency’s Safety Assurance activities. This will include both leading and lagging indicators. Leading indicators are used to anticipate and prevent injuries and accidents. This data source can include information collected from road observations, ride checks, mobile blitzes, or the ESRP. Our behavior-based indicators, as measured by DriveCam or another safety monitoring technology, is one of our best indicators for future success, as it measures the unsafe behaviors present in our operation. Our lagging indicators measures what has happened, including accidents and injuries. This metric allows you to analyze historical information, as well as view in real-time if your risk mitigation plans are reducing the accidents and injuries. Safety performance indicators will help measure inputs, outputs, outcomes, or impacts. It is a signal or early warning sign. Safety performance targets are quantifiable and is the expected change over a period of time. Daily monitoring will be conducted through inspections, observations, and evaluations. Safety Performance Targets are spelled out in the PTASP addendum of this plan. Mitigation Monitoring The Mitigation Monitoring plan helps ensure safety performance monitoring and measurement activities are performed to confirm that mitigations are effective, appropriate, and fully implemented. A Mitigation Monitoring plan may include the selected safety risk mitigation, the indicators or targets, description of how it will be monitored, timeframe, responsibility, and updates. While the Mitigation Monitoring plan addresses the mitigation and monitoring activities, the Corrective Action Plan documents the corrective action and helps address short-term defects or compliance issues. The Corrective Action Plan is intended to eliminate the behavior that caused the event, while Mitigation Monitoring is to continuously monitor the hazard. The Mitigation Monitoring process is owned by the location’s management team, with assistance from the Regional Safety Director. The Mitigation Monitoring process requires periodic reviews to ensure that the risk level is being mitigated and reduction of the frequency of the hazard is taking place. A periodic audit of contractor safety plans, Safety Data Sheets, and Personal Protective Equipment requirements will be conducted by the Safety Team and the General Manager. 3.2 Management of Change DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 351 of 433 19 Our operating environment has many areas that can and will be subject to a change. Prior to implementation of a proposed change, an assessment will be performed by using the Hazard/Risk Report form to determine if the change will impact safety performance or if there are any new hazards that will be present. If a new hazard is identified, it is put through the SRM process and evaluated. A risk mitigation strategy will be created or modified to mitigate risk for that change. Once the change is made it will be monitored for effectiveness. The size and scope of the change can vary from something small to something as large as new service or routes. Efforts will be made to assess if there is a possible impact to safety prior to operations taking place. 3.3 Continuous Improvement The overall safety performance of the system and the performance of SMS activities will be continuously measured and evaluated to determine the effectiveness and appropriateness of risk mitigations. The data and information that will be collected through Safety Assurance activities will tell us how we are doing and what areas we can improve on. Insight through these sources may trigger more frequent reviews and a revised strategy to ensure that mitigations are effective. Local management will work with the agency to determine frequency of meetings with the contractor management to review the SMS process. 3.4 Risk Reduction Program MV leverages the processes and procedures as outlined throughout section 2 on Safety Risk Management for identifying hazards and analyzing, assessing and mitigating the safety risk. Once those hazards are identified and assessed, MV continuously evaluates the effectiveness of mitigations as outlined throughout section 3 on Safety Assurance. MV will partner with the transit agencies we serve to ensure an effective risk reduction program. MV takes a data-driven approach in understanding performance and trends in order to develop an effective prevention program to improve safety. This includes evaluating the number and rates of accidents, injuries and assaults based off data collected through our reporting processes. Monthly safety meetings that are hosted by MV Transportation includes refresher training and heightened awareness on pedestrian safety every month. Security awareness is featured in monthly safety meetings at least every 6 months or more frequently as needed. Customer service and de-escalation is formally highlighted as a monthly safety topic at least every 6 months but may be highlighted more frequently based off trends. Hazards and recommended mitigation strategies on visibility impairments or assault mitigation infrastructure or technology will be continuously reviewed in partnership with the Location Safety DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 352 of 433 20 Committee and the transit agency we serve. Ideas or recommendations to ensure a safe work environment is established and maintained will be documented through SMS activities and communications. Where appropriate, risk analyses will be conducted to determine if physical mitigations are necessary to reduce assaults and injuries to transit workers. Safety performance measures outlined in the FTA’s National Public Transportation Safety Plan (NSP) is based on data submitted to the National Transit Database (NTD) are developed to ensure applicability to all modes of public transportation. The Safety Performance Targets (SPT) are based on a three-year rolling average per 49 U.S.C. 5329(d)(4)(A). MV will partner with the Location Safety Committee and the transit agency to establish the SPTs and mitigation strategies that will need to be taken under the risk reduction program. MV will utilize the Safety Risk Management and Safety Assurance process, as spelled out in this plan. 4.Safety Promotion 4.1 Competencies & Training It is the policy of MV Transportation that all employees will undergo and complete new hire training based upon type of service and experience level. Mastery is verified through evaluations prior to being released to revenue service, compliant with the Entry-Level Driver Training (ELDT) regulations. In accordance with 49 U.S.C. 5329(d)(1)(H), MV Transportation’s training program includes operations and maintenance personnel and personnel that are directly responsible for ensuring safe practices throughout the system. Job-specific training programs have been developed to enhance safety skills necessary for safe, secure, and reliable customer service. This includes training for operators, trainers, supervisors, maintenance staff, operations, and management personnel. All employees receive new hire and refresher training on customer service and de-escalation training (49 U.S.C. 5329(d)(1)(H)(ii)(III)). In this training program, we cover expectations for professionalism, which includes dealing with co-workers, passengers, and the general public. We use this training program to train on appropriate ways to handle difficult customers or passengers, and properly resolve conflict. When confronted with an upset or dangerous passenger, operators are trained to maintain their personal safety and protect the safety of the other passengers as a priority. Operators are thoroughly trained in ADA policies and are taught to act within the law in handling difficult passengers who also have disabilities. Operators must never use violence to subdue a dangerous passenger. Employees are trained on how to identify effective communication strategies and respond to potential conflict. Employees are trained to report every incident immediately to dispatch and/or management. This will help increase the effectiveness of the response, as well as decrease response time. MV Transportation maintains a continuous safety communication campaign through the form of safety meetings (Safety Policy S-27). Every month, a fleet safety and injury prevention topic will be reviewed to refresh the fundamentals and key learning points. Annual refresher training on DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 353 of 433 21 key areas will also be conducted along with periodic promotion of prevention activities, in compliance with 49 U.S.C. 5329(d)(1)(H)(ii)(II). Maintenance monthly training will focus on OSHA compliance for shop safety. The training complies with current state and federal standards and covers potential safety and health hazards as well as safe work practices and procedures to eliminate or minimize hazards. Information concerning safety hazards or issues is provided to employees through new hire orientation, location safety committee meeting minutes, company-wide or departmental meetings, Safety Team briefings, monthly safety meetings, bulletin board postings, memos, or other written communications. All MV operators will receive refresher or remedial training, as necessary, throughout their employment with the Company (Safety Policy S-12). This can include, but is not limited to, defensive driving techniques, ADA and Wheelchair Securement activities, Fatigue Management, Pedestrian and Bicyclist awareness, as well as hands-on training. This training provides a procedure for evaluation job skills and determining subsequent retraining needs or employees who are returning to work after an extended leave, employees who have been involved in an accident and refresher skill training. Training, retraining, proficiency checks, and safety meeting attendance will be recorded and documented. Training records are kept by the department supervisors and managers and will include: •Date of training •Employee names •Copies of training materials •Training subject •Location of training •Name of trainer •Signature of trainer and trainee A training audit and training needs assessment will be conducted at least bi-annually, or as a result of activities that come out of the SRM process. Safety Culture Our Vision is to deliver the Best Customer Experience with industry-leading Safety, Reliability, and Innovation. Our fundamental safety belief is that Safety is a core business value and there is nothing more important than promoting and maintaining a safe operation. Our Safety Culture Guide outlines the importance of implementing initiatives at the local level to promote a positive safety culture. To foster a positive safety culture, supervisors and management should make every effort to demonstrate their commitment to safety, offering the highest level of respect and dignity and a genuine concern for the welfare of their workers. Supervisors and management will exhibit the behaviors they want to see as part of their location’s safety culture. Elements of our Safety Culture Guide include: DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 354 of 433 22 •Employee engagement and buy-in •Accountability and ownership of employees •Positive recognition •Reinforcement of safe behaviors •Safety award programs •Administration of the Katherine McClary Safe Operator Award program •Safety campaigns and blitzes •Incentive and reward contests Supervisors and managers will pay attention to, measure, and publicly acknowledge the desired behaviors and performance outcomes by workers. The purpose of this and other safety-related programs is to focus our employees on working safely, and then reward them for their success. 4.2 Safety Communication Communication of the SMS A variety of methods may be used to communicate the SMS plan, including updates or memos. Communication can include updates related to SMS concerns/issues, lessons learned, analysis, new requirements or tracking mechanisms, and/or roles and responsibilities. It is the responsibility of the location management to train employees on how to identify and report hazards. Management and supervisors will encourage employees to report their safety concerns or hazards. Safety actions that are taken in response to reports submitted through the ESRP will be communicated to employees during the safety meetings or posted in a common area. Our Policy and Commitment to Safety statement will be distributed to all managers to be reviewed with all employees during initial onboarding. This will be reviewed at least annually to continuously promote a safe work environment and communicate our commitment to an incident and injury free workplace. Our policies, procedures, written statements, and formalized plans that support our SMS activities are available to all managers through our intranet site. Continuous Awareness and Safety Communication Management and supervisors will facilitate in daily safety communication and planning engagement blitzes and campaigns accordingly. Dispatchers will play an active role in this process by delivering safety radio announcements. The Daily Safety Message will be printed and posted throughout the facility. Material that supports the monthly fleet safety topic and/or injury prevention topic that is distributed from corporate will be displayed throughout the facility. Additional means of communication includes: DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 355 of 433 23 •New Hire Orientation Training •Operational Safety Calls •Safety Meetings •One-on-one dialogue between supervisors and employees •Safety Briefings/Toolbox Talks •Safety Bulletin Board •Safety Committees •Posters, Flyers, & Memos •E-mail Communications •Internal Websites •Video/TV Displays 5.Supporting Resources Maintenance, Facility & Fleet Operator Safety General Procedures & Regulatory Compliance Maintenance Shop Safety Handbook Vehicle Maintenance Plan (PM) Aerial Platform Certification Powered Industrial Truck (Forklift) Certification Clean Air Act (608,609) Noise Protection Lock Out/Tag Out Personal Protective Equipment Respiratory Protection Welding, Cutting and Brazing Safety OSHA 10-Hour OSHA 30- Hour Heat Stress Housekeeping HAZCOM Bloodborne Pathogens / Infectious Disease Control Employee Handbook Safety Manual New Hire Orientation De-escalation Training Fitness for Duty Evaluation Operations Policies and Procedures Handbook Recruiting and Hiring Practices Incident Management and Investigation Safety Audits/Inspections Safety Reports and Forms Safety Communication TV Displays Mobility Device Certifications Defensive Driving Program Operator Refresher Training Safety Committees Safety Calendar – Weekly & Monthly Topics Bi-monthly Safety Stand-down Bloodborne Pathogens / Infectious Disease Control Code of Federal Regulations (CFR) Crime Prevention Environmental Design (CPTED) Emergency Action Plan Fire Prevention Plan HAZCOM Plan Hearing Conservation Program Heat Illness Prevention Lockout Tagout Program Safety and Security Program System Safety Program Plan System Security and Emergency Preparedness Plan KMA Safe Driver Award Program Monthly Safety Meetings Customer Service Training Continuity of Operations Plan DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 356 of 433 24 5.1 Acronyms and Abbreviations ADA - Americans with Disabilities Act DVI - Daily Vehicle Inspections CDC – Centers for Disease Control and Prevention CEO - Chief Executive Officer CFR – Code of Federal Regulations CPTED – Crime Prevention Environmental Design DER - Designated Employer Representative DOT - Department of Transportation ELDT – Entry Level Driver Training ESRP - Employee Safety Reporting Program EAP - Emergency Action Plan FMCSA - Federal Motor Carrier Safety Administration FTA - Federal Transit Authority KMA – Katherine McClary Award LSC – Location Safety Committee MVR - Motor Vehicle Record OEM - Original Equipment Manufacturer OSHA - Occupational Safety & Health Association PM – Preventative Maintenance PPE – Proper Protective Equipment PTASP - Public Transportation Agency Safety Plan SMS - Safety Management System SPT - Safety Performance Targets SRM – Safety Risk Management USDOT - United States Department of Transportation DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 357 of 433 25 5.2 Definition of Terms Audit an official inspection of safety risk and or hazard of an organization's work environment to identify and mitigate safety concerns Accident means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of rail transit vehicles; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. Accountable Executive, (typically the highest executive in the agency) means a single, identifiable person who has ultimate responsibility for carrying out the Safety Management System of a public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the agency’s Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency’s Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Consequence means an effect of a hazard, involving injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Event means an accident, incident, or occurrence. Hazard means any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Incident means an event that involves any of the following: a personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a transit agency. Inspection is an on-site walk through to identify potential hazards to occupants and personnel and options for remedial action. Investigation A process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations. Major Mechanical Failures are failures caused by vehicle malfunctions or subpar vehicle condition which requires that it be pulled from service. Mitigate means to reduce the risk of a safety hazard Observation is a tool used by safety officers to document hazards as well as safety commendations in the workplace. Passenger means a person other than an operator who is on board, boarding, or alighting from a vehicle on a public transportation system for the purpose of travel. Safety the condition of being protected from or unlikely to cause danger, risk, or injury. Safety Assurance means the process within a transit agency’s Safety Management System that functions to ensure the implementation and effectiveness of safety risk mitigation, and to ensure DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 358 of 433 26 that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Communication means to communicate safety to support the SMS in a way that is received both visually and verbally received by the individuals working in the organization Safety Culture is the collection of the beliefs, perceptions and values that employees share in relation to risks within an organization, such as a workplace or community. Safety Management Policy means a transit agency’s documented commitment to safety, which defines the transit agency’s safety objectives and the accountabilities and responsibilities of its employees in regard to safety. Safety Management System (SMS) means the formal, top-down, data-driven, organization-wide approach to managing safety risk and assuring the effectiveness of a transit agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Safety Objective means a general goal or desired outcome related to safety. Safety Performance means an organization’s safety effectiveness and efficiency, as defined by safety performance indicators and targets, measured against the organization's safety objectives. Safety Performance Indicator refers to a data-driven, quantifiable parameter used for monitoring and assessing safety performance. Safety Performance Measure is an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Safety Performance Monitoring means activities aimed at the quantification of an organization’s safety effectiveness and efficiency during service delivery operations, through a combination of safety performance indicators and safety performance targets. Safety Performance Target means a quantifiable level of performance or condition, expressed as a value for a given performance measure, achieved over a specified timeframe related to safety management activities. Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the transit agency’s public transportation system. Safety Risk means the assessed probability and severity of the potential consequence(s) of a hazard, using as reference the worst foreseeable, but credible, outcome. Safety Risk Assessment means the formal activity whereby a transit agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks. Safety Risk Management means a process within a Transit Agency’s Safety Plan for identifying hazards, assessing the hazards, and mitigating safety risk. Safety Risk Mitigation means the activities whereby a public transportation agency controls the probability or severity of the potential consequences of hazards. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 359 of 433 27 Safety Risk Probability means the likelihood that a consequence might occur, taking as reference the worst foreseeable–but credible–condition. Safety Risk Severity means the anticipated effects of a consequence, should it materialize, taking as reference the worst foreseeable–but credible–condition. Serious Injury means any injury which: (1) Requires hospitalization for more than 48 hours, commencing within seven days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface. State of Good Repair means the condition in which a capital asset is able to operate at a full level of performance. Review is an examination of the workplace for hazards and worker safety risks, as well as an examination of the effectiveness of mitigation actions that have been taken to decrease safety risks. Vehicle Revenue Miles (VRM) means the miles that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue miles include: •Layover / recovery time. Exclude: •Deadhead; •Operator training; •Vehicle maintenance testing; and •School bus and charter services DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 360 of 433 28 5.3 Version Updates Version Number and Updates Record the complete history of successive versions of this plan. Version Number Section/Pages Affected Reason for Change Date Issued 1 Creation 10/2019 2 Leadership commitment, infectious disease control plan (sec 1.8), safety committees (sec 1.11; sec 2.3), risk reduction program (sec 3.4), safety training (sec 4.1). New leadership at MV Transportation, compliance with new PTASP regulations under 49 CFR Part 673. 12/2022 DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 361 of 433 29 PTASP Addendum Transit Agency Information Transit Agency Name Transit Agency Address Name and Title of Accountable Executive Name of Chief Safety Officer or SMS Executive Mode(s) of Service Covered by This Plan List All FTA Funding Types (e.g., 5307, 5310, 5311) Mode(s) of Service Provided by the Transit Agency (Directly operated or contracted service) Does the agency provide transit services on behalf of another transit agency or entity? Yes No Description of Arrangement(s) Name and Address of Transit Agency(ies) or Entity(ies) for Which Service Is Provided DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 362 of 433 30 PTASP Approval Name of Entity That Drafted This Plan MV Transportation, Inc. Signature by the Accountable Executive Signature of Accountable Executive Date of Signature Approval by the Board of Directors or an Equivalent Authority Name of Individual/Entity That Approved This Plan Date of Approval Relevant Documentation (title and location) Certification of Compliance Name of Individual/Entity That Certified This Plan Date of Certification Relevant Documentation (title and location) Annual Audit and Review of Plan Annual Audit & Review and Update of the Safety Management Systems Plan Describe the process and timeline for conducting an annual review and update of the Safety Management Systems Plan. During the final quarter, the Safety Plan committee will meet and review current SMS plan and make changes accordingly and update this SMS document. A communication will be sent out with an explanation of changes and a pdf copy of the updated plan will be made available via email or web. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 363 of 433 31 Safety Performance Safety Performance Targets Safety Performance Targets Specify performance targets and definitions based on the safety performance measures established under the National Public Transportation Safety Plan. The table below provides targets for fatality rate (reportable fatalities per revenue mile); injury rate (reportable injuries per revenue mile); safety event rate (reportable safety event per revenue mile); and system reliability (revenue miles between major mechanical failures). Mode of Transit Service Preventable Accidents per 100K miles Employee Injuries (Rate) Fatalities (Rate) Safety Elements (Rate) System Reliability (Rate) Safety Performance Target Coordination Safety Performance Target Coordination MV Transportation will work with the agency to support them in their PTASP which includes analyzing historical trends to establish safety performance targets. Agency will coordinate directly with MPO and MV will help in this process as needed. Targets transmitted to stakeholders Name Date Targets Transmitted DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 364 of 433 32 Attachment A 1 HAZARD PROBABILITY TABLE Probability Level Description A – Frequent Likely to occur frequently. Continually experienced in the fleet/inventory. B – Probable Likely to occur several times in life of an item. Likely to occur frequently in the fleet/inventory. C – Occasional Likely to occur sometime in life of an item. Likely to occur several times in the fleet/inventory. D – Remote Unlikely, but possible to occur in the life of an item. Reasonably expected in the fleet/inventory. E – Improbable So unlikely, occurrence is not expected. Unlikely to occur, but possible in the fleet/inventory. 2 RISK ASSESSMENT FREQUENCY/SEVERITY MATRIX Severity Frequency 1 Catastrophic 2 Critical 3 Marginal 4 Negligible A – Frequent 1/A 2/A 3/A 4/A B – Probable 1/B 2/B 3/B 4/B C – Occasional 1/C 2/C 3/C 4/C D – Remote 1/D 2/D 3/D 4/D E – Improbable 1/E 2/E 3/E 4/E 3 HAZARD RESOLUTION TABLE Severity / Frequency Resolution 1/A | 1/B | 1/C | 2/A | 2/B | 3/A | Unacceptable—correction required. 1/D | 2/C | 2/D | 3/B | 3/C | Unacceptable—correction may be required after review by CEO. 1/E | 2/E | 3/D | 3/E | 4/A | 4/B | Acceptable—with review by CEO. 4/C | 4/D | 4/E | Acceptable—without review. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 365 of 433 33 Attachment B MV Transportation SMS Hazard/Risk Report Form This report concerns:☐Hazard ☐ Risk ☐ Near Miss ☐ Other Hazard Type: ☐Policy/Procedure ☐ Operational ☐Environmental ☐Equipment/Design ☐Training REPORTED BY: ☐Employee ☐ Customer/Passenger ☐ Other:Ie FD or PD NAME: LOCATION: Description of Safety Concern: PHOTOS: ☐Yes ☐ No Hazard Analysis: According to Hazard Severity Matrix ☐1 Catastrophic ☐2 Critical ☐3 Marginal ☐ 4 Negligible Recommended Safety Risk Mitigation: Supervisor/Safety Manager Comments/Actions: DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 366 of 433 34 Supervisor/Safety Manager: Hazard/Risk Resolution Is Hazard/Risk corrected “On the Spot”? ☐Yes ☐ No If the answer is “No” then proceed with the steps below: This report must be forwarded to the SAFETY DEPARTMENT; report is assigned to specific department(s) for hazard rectification; report is assigned a priority Priority: ☐High ☐ Medium ☐ Low Hazard/Risk/ Near Miss deficiency corrected? ☐Yes ☐ No Date closed if “Yes” Date If answer is NO, notify Safety department to begin continuing action for resolution, and send to the Safety Team or Staff for recommendations. List how the Hazard/Risk/Near Miss was resolved Date Resolved Click or tap to enter a date. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 367 of 433 35 Appendix Please add any relevant contract-specific documentation to plan. DocuSign Envelope ID: 3225BE6E-CE90-4081-80B5-88D1D425DBFF Page 368 of 433 Page | 45 Appendix 5 Page 369 of 433 COVID-19 Health and Safety Preparedness Plan MV Transportation is committed to providing a safe and healthy workplace for all employees, customers, clients, and business partners. To ensure we have a safe and healthy workplace, MV Transportation has developed the following COVID-19 Health and Safety Preparedness Plan in response to the COVID-19 pandemic. All employees are responsible for implementing this plan. Our goal is to mitigate the potential for transmission of COVID-19 in our workplaces and communities, and that requires full cooperation among our workforce. Only through this cooperative effort can we establish and maintain the safety and health of all persons in our workplaces. MV’s COVID-19 Health and Safety Preparedness Plan follows the guidance published by the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), as well as industry guidance applicable to our business from the Federal Transit Administration (FTA) and American Public Transportation Association (APTA). This plan addresses: • Everyday preventative safety precautions; • Ensuring sick employees stay home and prompt identification and isolation of sick persons; • Physical distancing – Employees must be at least six-feet apart; • Worker hygiene and source controls; • Workplace cleaning and disinfection protocol; and • Communications and training practices and protocol. This plan provides guidance for personal hygiene skills and habits that should be followed at home and in the workplace. Remember, safety is everyone’s job! Maintain Safe Behavioral Practices It is imperative that we all take self-responsibility during this pandemic. Everyone has a role in making sure our communities are as safe as possible – at work and at home. 1. Stay home if you are sick. Inform your supervisor if you have a sick family member at home with COVID-19. 2. Practice 6 feet physical distancing in every situation possible. 3. Avoid social gatherings outside of work where more than 10 people are gathered, including postponing travel plans. 4. Facial coverings or face masks are recommended. Follow protocols on proper way to wear and dispose of masks. a. Facial coverings and masks should properly cover your nose and mouth. b. Stay informed from the CDC on the importance of your facial coverings and masks. 5. When possible, use phone, email or Microsoft Teams instead of face-to-face interactions. 6. Do not shake hands – consider the use of other noncontact methods of greeting. 7. Regularly wash your hands with soap and water for 20 seconds or apply hand sanitizer containing at least 60% alcohol immediately after coming into contact with another person. 8. If wearing gloves, wash your hands immediately after taking them off. Follow protocols on proper way to wear and dispose of gloves. 9. Avoid touching your nose, mouth and eyes. MV Transportation, Inc. Distribution Only 1 | Page Page 370 of 433 MV Transportation, Inc. Distribution Only 2 | Page 10. Cover coughs and sneezes with a tissue or elbow, and immediately wash hands or apply hand sanitizer. a. Cough etiquette is a series of actions to take if you are coughing or sneezing, which are designed to reduce the spread of respiratory illness to others. b. Sneeze, blow your nose, or cough into a disposable tissue, and discard the tissue immediately into a bin. 11. Practice routine cleaning and disinfection of frequently touched surfaces, following the directions on the cleaning product’s label. 12. Limit the use of shared tools and schedule regular decontamination should sharing occur (i.e. tools in the shop, pens at check-in, etc.). 13. Avoid using other employees’ phones, desks, offices, or other work tools and equipment, when possible. If necessary, clean and disinfect them before and after use. 14. Report any safety concerns or hazards to your supervisor or manager. Please review the following sections for a more in-depth overview of precautions to take to maintain a safe and healthy workplace. Sanitary Measures in the Workplace Performing Cleaning and Disinfection The virus that causes COVID-19 can be killed if you use the right products. EPA has compiled a list of disinfectant products that can be used against COVID-19, including ready-to-use sprays, concentrates, and wipes. Each product has been shown to be effective against viruses that are harder to kill than viruses like the one that causes COVID-19. MV Transportation has procured Zep Spirit II, Triton, Lemonex III, and D-7 for cleaning and disinfecting. These are an EPA approved product against COVID-19. The current cleaning protocols have been enhanced to include deep cleaning on a more regular basis using the EPA approved products. Additionally, Lysol Disinfecting Wipes are included as an effective disinfecting measure in between the deeper cleans. According to the CDC, “Cleaning refers to the removal of germs, dirt, and impurities from surfaces. It does not kill germs, but by removing them, it lowers their numbers and the risk of spreading infection. Disinfecting refers to using chemicals, for example, EPA-registered disinfectants, to kill germs on surfaces. This process does not necessarily clean dirty surfaces or remove germs, but by killing germs on a surface after cleaning, it can further lower the risk of spreading infection. If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.” • Consider the type of surface; is it a hard surface or a soft surface? Ensure the product instructions are followed and all surfaces are receiving cleaning / disinfecting. Prioritize disinfecting frequently touched surfaces. • Wear disposable gloves to clean and disinfect. Additional PPE may be needed based on setting and product. Please read the product instructions and/or Safety Data Sheet (SDS) prior to using. • First, perform routine cleaning with soap and water to remove germs and dirt from surfaces. Page 371 of 433 MV Transportation, Inc. Distribution Only 3 | Page o If surfaces are visibly dirty, they should be cleaned using a detergent or soap and water prior to disinfection. •Then, disinfect using an EPA-approved disinfectant. Disinfectants will kill germs on surfaces. o Contact time with the surface or object should not be brief. Follow the instructions on the label, which will recommend keeping surface wet for a period of time to ensure sufficient time to kill the virus (i.e. at least 30 seconds prior to wiping dry). •Frequently touched surfaces in the workplace will be disinfected using an EPA-approved product against COVID-19. •When possible, avoid using other workers’ phones, desks, offices, or other work tools and equipment. If necessary, clean and disinfect them before and after use. •Store and use disinfectants in a responsible and appropriate manner according to the label. Do not mix bleach or other cleaning and disinfection products together. •Gloves and other disposable PPE used during cleaning and disinfecting should be removed and thrown away. o After removing gloves, wash hands with soap and water for at least 20 seconds, or use a hand sanitizer with at least 60% alcohol if soap and water are unavailable. The CDC guidelines on cleaning and disinfecting are summarized above. More in-depth detail can be found on their website: https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building- facility.html All locations will receive the enhanced cleaning protocol and will ensure accountability by recording cleaning on a schedule and log. Additionally, all employees should clean their area routinely throughout their shift, using sanitizing wipes. Finally, MV Transportation has developed a set of protocols to decontaminate the workplace if an employee becomes ill with COVID-19, consistent with the CDC standards. Using Sanitizing Wipes Wipes will allow you to keep your workspaces clean in-between deeper cleanings. •Read and follow the instructions on the label. •Keep the following tips in mind: o Do not reuse wipes to wipe down multiple surfaces. This can transfer germs from the used wipe to other surfaces. To prevent this, use one wipe for each surface and then throw it out. o These wipes should not, under any circumstances, be thought of as a substitute for other hygienic practices like proper hand-washing. o Sanitize your hands after wiping down a surface. o Store sanitizing wipes at room temperature and securely close covers so they do not dry out. Page 372 of 433 MV Transportation, Inc. Distribution Only 4 | Page Frequently Touched Surfaces There are several high-touch areas in the facility or office that need to be frequently wiped down and cleaned. Prioritize disinfecting these frequently touched surfaces. Examples of frequently touched surfaces and objects that will need routine disinfection include, but are not limited to: Tables Countertops Phones Faucets and Sinks Doorknobs Handles / Handrails Keyboards Electronics Light switches Desks Restroom Surfaces Elevator Buttons Steering wheels •Before and after a staff member changes shifts, wipe down the entire workstation, including the PC, keyboard, phone, desk, etc. •Any shared tool or object should be wiped down before and after using it. •Operators are encouraged to avoid touching surfaces often touched by passengers, but to disinfect before and after when needed, and then sanitize their hands. •Operators will have access to disposable sanitizing wipes to use on any surface with which they have regular contact. Surfaces should be wiped regularly, after each stop if possible. •Clean your frequently touched surfaces routinely throughout your day. Everyone needs to take personal responsibility for helping disinfect and clean their work areas throughout the day. Clean Desk Policy In an effort to maintain optimal workplace cleanliness, all employees are to follow a clean desk policy. •To avoid cross contamination, please limit the amount of personal items brought into the workplace to the essential items needed to be productive for the workday. No bringing in pastries or other community food items. •Limit the outside items brought into the workplace. •Upon entering the workplace, disinfect your surface area and frequently touched objects. •Plan first thing in the morning and keep just the things you need for your workday on your desk. •Maintain a supply of PPE at your desk for personal use, including tissues, hand sanitizer, sanitizing wipes, and a facial covering. •All sensitive and confidential paperwork must be removed from the desk and locked in a drawer or filing cabinet. •Pick up at the end of the day and disinfect your workspace at the end of your shift. Page 373 of 433 MV Transportation, Inc. Distribution Only 5 | Page Hygiene and Infection Control Feeling Sick or Symptomatic Employees are to be informed of and encouraged to self-monitor for signs and symptoms of COVID-19. Employees who feel ill or are exhibiting symptoms of COVID-19 should not report to work. Symptoms of COVID-19 can be found on CDC at https://www.cdc.gov/coronavirus/2019-ncov/symptoms- testing/symptoms.html If an employee begins feeling ill while in the workplace, they are to isolate from others, send a notification to their supervisor, and immediately leave the workplace. The employee is encouraged to immediately seek medical care. The employee will be contacted by their supervisor with further instructions. MV Transportation has developed a set of protocols that includes contact tracing guidelines to communicate with others that may have been potentially exposed if they were in close contact with the sick employee, according to CDC guidelines. If any employee has tested positive for COVID-19 or been diagnosed as COVID-19 positive by a healthcare provider within the last 14 days, they will not be permitted to enter the workplace and will be asked to isolate at home. If an employee has been in close contact with anyone who has been diagnosed as infected with, or is being screened or monitored for, COVID-19, or who has been advised by a health care professional to quarantine within the last 14 days, they will not be permitted to enter the workplace and will be asked to self-quarantine. MV Transportation will maintain confidentiality of screening information, which are designed only for COVID-19 related purposes while it remains a direct threat and/or we continue to be in a state of emergency. This is in an effort to maintain a safe environment as we focus on the health and well-being of our employees and the community. Hand Hygiene Proper hand hygiene is an important infection control measure. MV Transportation will ensure that handwashing and/or hand sanitizing stations are readily available and stocked. Employees are to wash hands regularly with soap and water for at least 20 seconds. If soap and water are not readily available, use an alcohol-based hand sanitizer containing at least 60% alcohol. Wash hands with soap and water or use hand sanitizer before and after wearing gloves. And whether you wear gloves or not, avoid touching your eyes, nose and mouth to limit possible exposure to germs. Employees are instructed to wash their hands for at least 20 seconds with soap and water frequently throughout the day, but especially at the beginning and end of their shift, prior to any mealtimes, and after using the restroom. All employees and non-employees are required to wash or sanitize their hands prior to or immediately upon entering the workplace. • Key times to clean / disinfect hands in general include: Page 374 of 433 MV Transportation, Inc. Distribution Only 6 | Page o Before, during, and after preparing food o Before eating food o After using the toilet o After blowing your nose, coughing, or sneezing • Additional times to clean / disinfect hands on the job include: o Before and after work shifts o Before and after work breaks o After touching frequently touched surfaces o Before and after wearing gloves o Before and after providing care for another person who needs assistance o After putting on, touching, or removing cloth face coverings • Avoid touching your eyes, nose, or mouth. Practice good personal health hygiene, including washing your clothes and your safety vest. Signs and posters are posted in the following areas to reinforce these safety precautions: • At the office entrance • In the bathrooms • Near sinks or faucets • In the breakrooms Hand Sanitizer There are important differences between washing hands with soap and water and using hand sanitizer. Soap and water work to remove all types of germs from hands, while sanitizer acts by killing certain germs on the skin. • DO NOT use hand sanitizer if your hands are visibly dirty or greasy. If a handwashing station is available, wash your hands with soap and water instead. • When using hand sanitizer, use an alcohol-based hand sanitizer that contains at least 60% alcohol. • Put enough sanitizer on your hands to cover all surfaces. • Rub your hands together until they feel dry (this should take around 20 seconds). • Do NOT rinse or wipe off the hand sanitizer before it’s dry; it may not work well against germs. “Electronic Hygiene” For electronics such as cell phones, tablets, MDTs, touch screens, remote controls, and keyboards, employees are to practice safety precautions and to wipe these down frequently to disinfect and sanitize. Instructions: • Follow the manufacturer’s instructions for all cleaning and disinfection products. • If no manufacturer guidance is available, consider the use of alcohol-based wipes or sprays containing at least 70% alcohol to disinfect touch screens. • Wipe the surfaces prior to use and when you are done using them at the end of the shift. Page 375 of 433 MV Transportation, Inc. Distribution Only 7 | Page • Wipe the surfaces down after anyone else touches them. • Dry the surfaces thoroughly to avoid pooling of liquids. • Clean your hands as frequently as possible and sanitize your hands before and after touching new surfaces. • If you have a timeclock, please reference the Coronavirus Response website for guideline on cleaning your timeclocks. This includes the following: • Your PC or laptop • Your phone • The printer • Any other electronics Use and Availability of PPE Availability of PPE in the Workplace MV Transportation will provide employees the recommended protective supplies and ensure the availability of hand sanitizer and approved cleaning products. • Face masks, gloves, hand sanitizer, and sanitizing wipes will be available to employees and are to be used during employee shift • Hand Sanitizer is strategically placed throughout facility and “Sanitary Stations” are available at high-touch areas • Routine cleaning of frequently touched surfaces is to be practiced by all employees If an employee is running low on PPE, they are to contact their supervisor. Proper Use and Disposal of Gloves and Masks If you are using gloves and masks for additional protection, please be sure to follow the proper usage and disposal of gloves and masks. Employees are to follow universal precautions, like what is taught through Bloodborne Pathogen training. • Gloves o Wash and/or sanitize hands before and after using gloves o Ensure glove removal does not cause additional contamination of hands. o Gloves can be removed using more than one technique (i.e. glove-in-glove or bird beak). o Change gloves throughout the day to avoid cross-contamination. o After removing PPE, wash your hands with soap and water for at least 20 seconds or use hand-sanitizer (with at least 60% alcohol). • Masks o Facial coverings are to be worn in all areas of the business. o Wash and/or sanitize hands before and after using a facial covering. o Do not touch the front of the respirator, facemask or facial covering. Page 376 of 433 MV Transportation, Inc. Distribution Only 8 | Page o Facial coverings should cover your nose and mouth and be snug against your face. o Carefully untie (or unhook from the ears) and pull away from face without touching the front. o For disposable masks, dispose of it in a safe and secure manner. o Cloth masks and gloves should be washed and dried as frequently as possible, with detergent and the warmest water possible, in accordance with CDC guidelines for cleaning and disinfecting soft (porous) surfaces. o After removing PPE, wash your hands with soap and water for at least 20 seconds or use hand-sanitizer (with at least 60% alcohol). Work uniforms worn during cleaning and disinfecting should be laundered afterwards. Clean your hands after handling laundry by washing your hands with soap and water or using an alcohol-based hand sanitizer with at least 60% alcohol if soap and water are not available. Reference the Coronavirus Response website for more in-depth safety procedures for both gloves and masks. Physical Considerations and Office Layout Physical distancing of at least six feet is to now be implemented and maintained throughout the workplace through both engineering and administrative controls. Per CDC recommendations, no congregating should occur. Therefore, there are practices that MV Transportation has adopted to promote a safe physical environment for employees. The following actions have been implemented: • Workspace seating adheres to 6 feet separation, including spacing out staff members into every other cubicle and installing barriers or partitions where possible or necessary • Workspaces have been reconfigured that takes physical distancing into account, including all common areas • Visual cues and signage are placed throughout the workplace to encourage proper physical distancing • Tape markings showing acceptable physical distancing placed where lines might form • Traffic patterns have been evaluated for physical distancing bottlenecks o Entrance and exit doors identified o Directional signage “one-way” floor markings implemented where possible while maintaining compliance with safety code o Capacity limits established or rooms / spaces closed when necessary • Small conference rooms have been closed or a capacity limit has been established • Desks, tables, and chairs in congregation-prone areas have been removed (including in the breakroom) Breakrooms / Lounges As previously stated, we need to limit the use of shared objects and avoid congregating. This includes the breakroom. Page 377 of 433 MV Transportation, Inc. Distribution Only 9 | Page o Employees are encouraged to bring their own lunchbox with an ice-pack. o Seats and/or tables are removed in the breakroom to help avoid congregating and to provide additional personal space to achieve 6 feet distance. o Employees are to stagger their meal and rest breaks to avoid congregating. o Limit surface contact by removing or shutting down (where possible) the following: Microwaves, Coffee Pots, Popcorn Machines, Water Cooler, Refrigerators, Ice Machines, Sinks Drinking fountains are closed until further notice; employees are encouraged to use bottle filling stations, sinks, or employees bringing water from home. o A “sanitary station” is set up within the breakroom and employees are to clean / disinfect the frequently touched surfaces before and after use. Exceptions for the refrigerator use includes medical purposes and split-shifts. No food is to be stored in the fridge overnight. Signage is posted on the refrigerator instructing on the sanitary protocol. o If the breakroom needs to be accessed, capacity limits are established at no more than 1 or 2 people in breakroom at any given time (depending on square footage of space). Restrooms o Our workplaces follow our Facility Cleaning policy for thorough cleaning in areas where we perform the cleaning. o Restrooms are receiving a more frequent cleaning protocol. o Restrooms are checked regularly to ensure they are stocked with hand soap and paper towels. o Capacity limits are established at no more than 1 or 2 people in restroom at any given time to allow for 6 feet physical distancing. o A hand hygiene awareness poster is visible in the restrooms near the sinks. o Employees are to wash their hands and re-sanitize prior to returning to their desk. No Visitor Policy Until further notice, employees are not to have visitors or business partners visit us at our workplace. The use of phone, email or Microsoft Teams should be leveraged instead of face-to-face interactions. How can I achieve physical distancing in meetings, training, or conversations? There are certain things that will still need to occur in our daily operations. To the extent possible, the use of phone, email or Microsoft Teams should be leveraged instead of face-to-face interactions. However, these are ways to achieve Physical Distancing during a mandatory interaction: •Post a sign on the door to ask employees to knock and wait for directions rather than just walking into the office •Find a larger space where you can talk and keep distance. •Everyone is to wear a facial covering and have recently washed their hands. •Stagger seating in conference and training rooms to maintain a 6 feet distance. Page 378 of 433 MV Transportation, Inc. Distribution Only 10 | Page •Have individual writing utensils rather than using shared items. Culture of Mental Health Safety While it is not the responsibility of an employer or supervisor to diagnose mental health conditions, MV Transportation is committed to promoting a culture of mental health safety as we continue to navigate through this pandemic. Leadership, supervisors and other managers have an essential role in promoting a culture of wellness. Assess Internal Resources MV Transportation is committed to communicate the “how” of navigating healthcare benefits and Employee Assistance Program (EAP) services – for employees in distress or employees who have not used these benefits before, not knowing how to navigate resources is a barrier to accessing them. Employees are encouraged to take advantage of our EAP, LifeWorks. LifeWorks is a total well-being solution offering support for your mental, physical, social and financial well-being. The invitation code is MVT-Employee ID, for example MVT-222333. Employees are encouraged to contact their Human Resources representative if they have any questions about this program. Connecting Employees to Mental Health Resources An educated workforce can better protect themselves from the impacts of mental health and stress related to COVID-19. MV Transportation is committed to providing resources from the National Safety Council that includes tips on managing stress and taking care of mental health during a pandemic. Here are a few tips to help promote positive mental health: 1.Take care of your mental health and be aware of signs of stress. Take deep breaths, stretch, or meditate. Try to eat healthy, well-balanced meals, exercise regularly and get plenty of sleep. Even 1 minute of practicing mindfulness will help you calm your mind. 2.Utilize resources at your disposal. Take advantage of the EAP, LifeWorks. 3.Be aware of signs of stress in your family members. Not all children and teens respond to stress in the same way. Talk to your child to reassure them, try to keep up with regular routines, and be a role model to them. The CDC has put together other recommendations to help children cope. 4.Kindness and patience go a long way. We are all adjusting to this new normal and each person adjusts differently. Make time to talk and be supportive of your teammates, friends, and family current needs and concerns. It is important to recognize how mental health can affect worker safety. Even if no actual illness is diagnosed, it’s easy to imagine how a worker’s mental state might affect his or her ability to make good decisions and recognize potential hazards. Page 379 of 433 9.A.1. ORD-2023-3 PUBLIC HEARINGS - COUNTY ATTORNEY AGENDA REQUEST DATE: 2/21/2023 *ORDINANCE ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: Caroline Valentin, Assistant County Attorney III SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 23-003 - Amending Chapter 36, Roads and Bridges, Section 36-1, "Erection of Signs or Structures Within Right-Of-Way Prohibited, Removal" BACKGROUND: St. Lucie County Code of Ordinances Section 36-1, "Erection of signs or structures within right-of-way prohibited; removal," prohibits the placement of signs or structures in the right-of-way. The proposed ordinance removes reference to signs since sign regulations are now covered in the Land Development Code at section Chapter IX, and allows for exceptions to the prohibition in the form of a license agreement of the Board of County Commissioners, a county permit, or other specific legal authority. A Notice of Public Hearing was advertised in the St. Lucie News Tribune on February 10, 2023. A copy of the publication is attached. A copy of the proposed ordinance is also attached. PREVIOUS ACTION: On March 21, 1978, Ordinance No. 78-3 was passed and duly adopted. On June 1, 2021, Ordinance 21-013 was passed and duly adopted. On February 7, 2023, the Board granted permission to advertise Ordinance 23- 003. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve Ordinance No. 23-003 and authorize the Chair to sign the ordinance. COMMISSION ACTION: RESULT: MOVER: None Page 380 of 433 SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 09, 2023 Caroline Valentin, Assistant County Attorney III Date: February 10, 2023 Patrick Dayan, Public Works Director Date: February 10, 2023 Daniel McIntyre, County Attorney Date: February 10, 2023 Mayte Santamaria, Planning & Development Services Director Page 381 of 433 1 ORDINANCE NO. 23-003 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY AMENDING CHAPTER 36, ROADS AND BRIDGES, SECTION 36-1, “ERECTION OF SIGNS OR STRUCTURES WITHIN RIGHT-OF-WAY PROHIBITED; REMOVAL” TO SET FORTH EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, on March 21, 1978, the Board adopted Ordinance No. 78-3, which established procedures for prohibiting the erection of any signs or structures within the right of way limits of any public roads in the unincorporated areas of St. Lucie County except State maintained roads; and WHEREAS, on June 1, 2021, the Board adopted Ordinance No. 21-013, which provided for the County Administrator or his designee to have the authority to direct removal of any such signs or structures from County rights-of-way and created an appeals procedure; and WHEREAS, it is appropriate for the Board of County Commissioners to amend Chapter 36 to provide for Board of County Commissioners permission in the form of a license agreement. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A.Chapter 36, “Roads and Bridges” of the Code of Ordinances of St. Lucie County, Florida, is amended to revise Article I “In General”, as follows: Section 36-1. - Erection of signs or structures within right-of-way without permission prohibited; removal. (a) No person, as defined in F.S. § 1.01(3), shall erect any structures, including but not limited to permanent and temporary buildings, fences, or other objects constructed or erected on the ground, attaching to something having location on the ground or requiring construction or erection on or under the ground, within the right-of-way limits of any public road in the unincorporated areas of the county except state maintained roads unless otherwise authorized by written license agreement of the Board of County Commissioners, a county permit, or other specific legal authority. Page 382 of 433 2 (b) The county administrator or designee of said county shall have the authority to direct removal of any such signs or structures. However, in the event the sign or structure bears thereon the name of the owner, no such sign or structure shall be removed until the owner thereof, as shown thereon, shall have received 30 days' written notice that unless such sign or structure is removed within such 30-day period, it will be removed by the county. (c) Any aggrieved party may appeal a final administrative order of the county administrator or designee to the circuit court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the county administrator or designee. An appeal shall be filed within 30 days of the execution of the administrative order to be appealed. (d) Installation of mailboxes in accordance with the United States Postal Service regulations and Florida Department of Transportation design standards, including those published in the Manual on Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways, are exempt from the requirements of this Section. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. Page 383 of 433 3 This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Cathy Townsend, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Larry Leet XXX Commissioner Jamie Fowler XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word “ordinance” may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this 21st day of February, 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA _________________________ BY:________________________________ Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS BY:_________________________________ County Attorney Page 384 of 433 Treasure Coast Newspapers - 02/10/2023 Page : C11 February 10, 2023 8:11 am (GMT -5:00) Powered by TECNAVIA TC TCPALM.COM | FRIDAY, FEBRUARY10, 2023 |11Cn²l²lolnp²nyTo Advertise, visit: ²n²{$$% ""n²pjHours: xZq%Z" HIRE EVEN FASTER Your Sourcefor the latest.Bids and Proposals]IN THE CIRCUIT COURT OF THE NINETEEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA JONATHON THORNE, Petitioner andCORA REDDING, Respondent CASE NO.:321023DR000067XXXXXX DIVISION.: FR01 ASSIGNED TO: CYNTHIA FOX NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR FINANCIAL SUPPORT)TO: Cora Redding1160 7th CT Vero Beach, FL32962YOU ARE NOTIFIED that an action for dissolution of marriage has been filed agaisnt you and that you are required to serve you rwritten defenses, if any, to it on Jonathon Thorne whose address is 730 13th Ave Vero Beach FL 32962 on or before 3/1/2023, and file the original with the clerk of the Court at 2000 16th Ave Vero Beach, FL 32960 before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered against you for the relief demanded in the petition. The action is asking the court to decide how the following real or personal proerty should be divided: NONE Copies of all Court documents in this case, including order, are available at the Clerk of the Circuit Court's office, You may review these documents upon request.you must keep the Clerk of the Circuit Court's office notified of you rcurrent address. (You may file Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form 12.915.) Future papers in this lawsuit will be mailed or e-mailed to the address(es) on record at the clerk's office. WARNING: Rule 12.285, Florida Family Law Rules of Procedure, requires certain automatic dislosure pf documents and information. Failure to comply can result in sacntions, including dismissal or striking of pleadings.Dated 1/23/2023CLERK OF THE CIRCUIT COURTBY: DEPUTY CLERKPubDates Jan 27 Feb 3, 10 &17,2023TCN 5571318___________________CITY OF FORT PIERCEFORT PIERCE. FLORIDA BID NO. 2023-029Sealed bids will be received by the City of Fort Pierce, Fort Pierce, Florida, in the Purchas ing Division, until: 3:00 PM. MONDAY. MARCH 6. 2023 for furnishing: DISPOSITION OF CTY SUR- PLUS PROPERTY N. 25th STREET. LOT 1 AND 2 in accordance with detailed specifications available upon request in the Purchasing Divi sion, City Hall, 100 N. U.S. 1, Fort Pierce, Florida. Copies of the documents are available electronically from the Pur chasing Division by e-mail re quest to purchasinq@citvoffor tpierce.com. or on the web site of the City of Fort Pierce ( http://www.citvoffortpierce.co m/187/Purchasinq) and Demandstar.com (www.dema ndstar.com’). The City of Fort Pierce encour ages Minority/Women Owned Business Enterprise participa tion. CITY OF FORT PIERCE Gelencia Carter Purchasing Manager Pub: February 10, 17, 2023 TCN5584782_______________ January 30. 2023 CITY OF FORT PIERCE FORT PIERCE. FLORIDA BID NO. 2023-024 Sealed bids will be received by the City of Fort Pierce, Fort Pierce, Florida, in the Purchas ing Division, until: 3:30 PM. THURSDAY. FEBRUARY 27. 2023 for furnishing: DISPOSITION OF CITY SURPLUS PROPERTY- 1204 AVENUE E in accordance with detailed specifications available upon request in the Purchasing Divi sion, City Hall, 100 N. U.S. 1, Fort Pierce, Florida. Copies of the documents are available electronically from the Pur chasing Division by e-mail re quest to purchasing@cityoffor tpierce.com, or on the web Bids and Proposalssite of the City of Fort Pierce ( http://www.cityoffortpierce.co m/187/Purchasing) andDemandstar.com (www.dema ndstar.com).The City of Fort Pierce encourages Minority/Women Owned Business Enterprise participation.CITY OF FORT PIERCEGelencia Carter Purchasing ManagerPublish: Feb. 3,10,2023 TCN5578818___________________JANUARY 30. 2023CITY OF FORT PIERCE FORT PIERCE. FLORIDA BID NO. 2023-023Sealed bids will be received by the City of Fort Pierce, Fort Pierce, Florida, in the Purchasing Division, until:3:00 PM. THURSDAY. FEBRUARY 27. 2023for furnishing:DISPOSITION OF CITY SURPLUS PROPERTY- 515 DOUGLAS COURTin accordance with detailed specifications available upon request in the Purchasing Division, City Hall, 100 N. U.S. 1, Fort Pierce, Florida. Copies of the documents are available electronically from the Purchasing Division by e-mail request to purchasing@cityoffor tpierce.com, or on the web site of the City of Fort Pierce ( http://www.cityoffortpierce.co m/187/Purchasing) andDemandstar.com (www.dema ndstar.com).The City of Fort Pierce encourages Minority/Women Owned Business Enterprise participation.CITY OF FORT PIERCEGelencia Carter Purchasing ManagerPublish: Feb. 3,10,2023 TCN5578818___________________REQUEST FOR PROPOSAL (RFP) 2023-3473Martin County Board of County Commissioners Attn: Purchasing Division 2401 S.E. Monterey Road Stuart, Florida 34996 pur_div@martin.fl.us www.martin.fl.us The Board of County Commissioners, Martin County, Florida, will receive sealed proposals for:RETIREMENT PLAN CONSULTING SERVICESMartin County is seeking proposals from qualified vendors for Section 457(b) and Section 401a Deferred Compensation consultation services. Sealed proposals will be received by the Information Desk on the 1st Floor at the address above or via DemandStar until 2:30 PM local time, on Wednesday, March 8, 2023. The complete bid document may be down loaded from www.demandsta r.com (online bidding site). Martin County is an equal opportunity/affirmative action employer. By order of the Board of County Commission ers of Martin County, Florida. Publish:February 10, 2023 TCN 5586069___________________ IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 312022CC1309 JUDGE: STONE SABAL TRACE HOMEOWNERS ASSOCIATION, INC., Plaintiff, vs. DEBORAH G. DONNELLY, Defendant NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN that the Clerk of the Circuit Court of Indian River County, will on the 8th day of March 2023 at 10:00 a.m., at www.indianrive r.realforeclose.com, offer for sale and sell at public outcry to the highest and best bidder for cash, the following descri bed property situated in Indian River County, Florida, to wit: Lot 2A, SABAL TRACE, PHASE 1, according to the plat there of as recorded in Plat Book 16, Page 74, Public Records of Indian River County, Florida. Property Address: 5808 22nd Street, Vero Beach, FL 32966 pursuant to the Final Judg ment of Foreclosure entered on January 30, 2023 by Judge Robyn Stone in the Indian River County Court Docket Number 312022CC1309. Note: Any person claiming an interest in the surplus from this sale, if any, other than the property owner as of the date of the lis pendens must file an action within 60 days after the date of the sale. DATED: February 1st, 2023 ROSS EARLE BONAN & ENSOR, P.A. Post Office Box 2401 Stuart, Florida 34995 Telephone: (772) 287-1745 Facsimile: (772) 287-8045 Email: jpc@reblawpa.com BY: /s/ John P. Carrigan Jobease By:arrigan, Esquire Florida Bar No.: 68439 Publication Dates: February 3 & 10,2023 TCN 5581643Notice To CreditorsIN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY, STATE OF FLORIDA.Case Number: 56-2021-CP 001033Judge: BRETT M. WARONICKIIn Re: The Estate ofPATRICIA BOTTIGLIONE, Deceased.NOTICE TO CREDITORSThe administration of the estate of PATRICIA BOTTIGLIONE, deceased. File Number 56-2021-CP 001033. is pending in the Circuit Court for Saint Lucie County, Florida, Probate Division, the physical and mailing address of which are 218 South Second Street, Fort Pierce, Florida 34950. The names and addresses of the Personal Representative and the Personal Representative's attorney are set forth below.All creditors of the decedent and other persons having claims or demands against decedent's estate, including unmatured, contingent or unliquidated claims, on whom a copy of this notice is served must file their claims with this Court WITHIN THE LATER OF THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR THIRTY DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.All creditors of the decedent and other persons having claims or demands against Decedent's estate, including un~ matured, contingent or unliquidated claims, must file their claims with this Court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT SO FILED WILL BE FOREVER BARRED.The date of the first publication of this Notice is February 3, 2023.Attorney for Personal Representative:PORTIA B. SCOTT, CHARTERED Portia B. Scott Florida Bar Number: 9555 921 SE Central Parkway Stuart, Florida 34994 Telephone: (772) 287-0096 Facsimile: (772) 264-8169 Primary E-Mail Address: kcc@attornevstuartflorida.co m Personal Representative: Carolyn R. Wright 19 West High Street Nazareth, Pennsylvania 18064 Pub: Feb. 3, 10, 2023 TCN5580940 IN THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF JAMES R. CALDWELL Deceased. File No. 56-2022-CP-001147AXXXHC Division NOTICE TO CREDITORS The administration of the es tate of James R. Caldwell, de ceased, whose date of death was April 20, 2022, is pending in the Circuit Court for St. Luck County, Florida. Probate Division, the address of which is 201 South Indian River Drive, 2nd Floor, Fort Pierce. FL 34950. The names and ad dresses of the personal repre sentative and the personal representative's attorney are set forth below. All creditors of the decedent and other persons having claims or de mands against decedent's es tate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLI CATION OF TINS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORI DA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AF TER THE DECEDENT'S DATE OF DEATH IS BARRED. The date of first publication of this notice is February 10, 2023. Attorney for Personal Representative: /s/ Brett Halperin Brett Halperin Attorney Florida Bar Number: 109695 HALPERIN LAW GROUP Notice To Creditors15815 Menton Bay Ct Delray Beach, Florida 33446 Telephone: (561) 324-2420 Fax:E-Mail: brett@halperinlawgro up.comSecondary E-Mail: bretthalperinesq@gmail.comPersonal Representative:/s/ Matthew Caldwell Matthew Caldwell 721 Fairhaven Place North Palm Beach, Florida 33408Publish: February 10, 17, 2023 TCN5588881IN THE CIRCUIT COURT FOR MARTINCOUNTY, FLORIDA PROBATEDIVISIONIN RE: ESTATE OFTHOMAS LOGAN FAZIOa/k/a T. LOGAN FAZIO,File No. 22-001275-CP-AXMX Deceased.NOTICE TO CREDITORSThe administration of the Estate of Thomas Logan Fazio, deceased, whose date of death was August 8, 2022, is pending in the Circuit Court for Martin County, Florida, Probate Division, the address of which is 100 SE Ocean Boulevard, Stuart, FL 34994. The names and addresses of the Personal Representative and the Personal Representative's attorney are set forth below.All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF THREE (3) MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN THREE (3) MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.ALL CLAIMS NOT FILED WITH IN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES § 733.702 WILL BE FOREVER BARRED.NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED.The date of first publication of this notice is February10, 2023.Attorney for Personal Representative:Ryan C. Grubich, Esq.Attorney for Shannon Fazio Florida Bar Number: 105961 Daniel McDermott, P.A. 1314 E. Las Olas Blvd. # 310 Fort Lauderdale, FL 33301 Telephone: (954) 727-1430 Fax: (954) 727-1431 E-Mail: ryan@danielmcdermot tpa.com Secondary E-Mail: Legal-service@danielmcdermo ttpa.com Personal Representative: Shannon Fazio 18201 SE Cassia Ln. Tequesta, Florida 33469 Pub Feb 10th, 17th 2023 TCN5588894 IN THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA IN RE: ESTATE OF DOLORES L. WHITBECK, Deceaesd. File No.: 562022CP002006 Division: Probate __________________/ NOTICE TO CREDITORS The administration of the es tate of DOLORES L. WHITBECK, deceased, whose date of death was November 9, 2022, is pending in the Cir cuit Court for St. Lucie Coun ty, Florida, Probate Division, File No. 562022CP002006, the address of which is P.O. Box 700, Fort Pierce, FL 34954. The names and addresses of the Co-Personal Representatives and the Co-Personal represen tatives' attorney are set forth below. All creditors of the decedent and other persons having claims or demands against de cedent's estate on whom a copy of this notice is required to be served must file their claims with this court WITHIN THE LATER OF 3 MONTHS AF TER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the de cedent and other persons hav ing claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICA TION OF THIS NOTICE. ALL CLAIMS NOT FILED WITH IN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AF TER THE DECEDENT'S DATE OF DEATH IS BARRED. The date of first publication of this notice is February 3, 2023. THE ESTATE, TRUST & ELDER LAW FIRM, P.L By: /s/Jennifer R. Denorio JENNIFER R. DENORIO, ESQ. Florida Bar No. 1035584 Attorney for Co-Personal Representatives 2940 S. 25th Street Fort Pierce, FL 34981 Telephone: (772) 828-2588 Fax: (772) 878-2981 Email: jenny@etelf.com Co-Personal Representatives: /s/Edward G. Whitbeck EDWARD G. WHITBECK JR. c/o THE ESTATE, TRUST & ELDER LAW FIRM, P.L /s/Regina Loughran REGINA LOUGHRAN c/o THE ESTATE, TRUST & ELDER LAW FIRM, P.L Pub: February 3, 10, 2023 TCN5582270IN THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA IN RE: ESTATE OF THERESA ERRANTE-PARRINO, DeceasedFile No. 562022CP002013 Division Probate PROBATE DIVISION NOTICE TO CREDITORS The administration of the estate of Theresa Errante- Parrino, deceased, whose date of death was September 22,2022, is pending in the Circuit Court for St. Lucie County, Florida, Probate Division, the address of which is 201 S. Indian River Drive, Fort Pierce, FL 34950. The names and addresses of the personal representative and the personal representative's attorney are set forth below.All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED.The date of first publication of this notice is February 3,2023.Attorney for Personal Representative:s/ Bruce R. Abernethy, Jr.Bruce R. Abernethy, Jr. Attorney Florida Bar Number: 0357251 130 S INDIAN RIVER DR STE 201 FORT PIERCE, FL 34950-4353 Telephone: (772) 489-4901 Fax: (772) 489-4902 E-Mail: jbrock@abernethylawg roup.com Secondary E-Mail: babernethy @abernethylawgroup.com Personal Representative: Maria Errante-Parrino 470 SE Lamon Lane Port St. Lucie, Florida 34983 PubDates Feb 3 & 10,2023 TCN 5578068 IN THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF JOHN R. COCKRELL, JR. a/k/a JOHN R. COCKRELL Deceased. File No. 562023CP000015 NOTICE TO CREDITORS The administration of the es tate of JOHN R. COCKRELL, JR. a/k/a JOHN R. COCKRELL, De ceased, whose date of death was November 18, 2022, is pending in the Circuit Court for St. Lucie County, Florida, Probate Division, the address of which is 218 S 2nd St., Fort Pierce, Florida 34950. The names and addresses of the Personal Representative and the Personal Representative's attorney are set forth below. All creditors of the Decedent and other persons having claims or demands against De cedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AF TER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the De cedent and other persons hav ing claims or demands against Decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICA TION OF THIS NOTICE. ALL CLAIMS NOT FILED WITH IN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AF TER THE DECEDENT'S DATE OF DEATH IS BARRED. The date of first publication of this notice is February 3, 2023. S Notice To CreditorsAttorney for Personal Representative:LYNNE W. SPRAKER AttorneyFlorida Bar Number: 0865699P.O. Box 1138Stuart, Florida 34995Telephone: (772) 220-0212Fax: (772) 220-0422E-Mail: lynnesprakerlaw@gmail.comSecondary E-Mail: sprakerandprinz@gmail.com Personal Representative:PAUL ANDREW COCKRELL 109 Como Vista Lane Hamilton, Montana 59840 Pub: Feb. 3, 10, 2023 TCN5581563___________________IN THE CIRCUIT FOR THE ST. LUCIE COUNTY, FLORIDA IN RE: ESTATE OF CURTIS EARL SAWYER, DECEASED PROBATE DIVISION FILE NO. 23CP000030 NOTICE TO CREDITORS The administration of the Estate of Curtis Earl Sawyer, deceased, whose date of death was November 17,2022, is pending in the Circuit Court of St. Lucie County, Florida, Probate Division, the address of which is 201 South Indian River, Fort Pierce, FL 34950. The names and address of the personal representative and the personal representative's attorney are set forth below.All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPYU OF THIS NOTICE ON THEM.All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims eith this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABVOE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DEATH IS BARRED.The date of first publication of this notice is February10,2023Attorney for Personal Representative /s/Erin Kirkwood Attorney for Personal RepresentativeFlroida Bar Number. 61700 607 SW Saint Lucie Crescent, Suite 106 Stuart, FL 34994 Telephone 772-210-2529 E-Mail: erin@erinkirkwoodlaw .com Secondary Email: ekirkwood2 0@gmail.com Personal Representative /s/Linda Davis 896 Stone Hedge Cove Collierville, Tennessee 38017 PubDates Feb 10 & 17,2023 TCN 5586673 Public Notices BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLIC HEARING TUESDAY, FEBRUARY 21, 2023 NOTICE IS HEREBY GIVEN that the Board of County Commis sioners of St. Lucie County, Florida will conduct a Public Hearing to consider the adop tion of a proposed County Or dinance entitled: ORDINANCE NO. 23-XXX AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY AMENDING CHAPTER 36, ROADS AND BRIDGES, SEC TION 36-1, "ERECTION OF SIGNS OR STRUCTURES WITH IN RIGHT-OF-WAY PROHIBIT ED; REMOVAL" TO SET FORTH EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVID ING FOR FILING WITH THE DE PARTMENT OF STATE; PRO VIDING EFFECTIVE DATE; PRO VIDING FOR ADOPTION; AND PROVIDING FOR CODIFICA TION. The hearing will be held be fore the St. Lucie County Board of County Commission ers on Tuesday, FEBRUARY 21, 2023 at 9:00 a.m., or as soon thereafter as the matter may be heard, in the St. Lucie County Commission Chambers at the St. Lucie County Admin istration Building Annex, Third Floor, 2300 Virginia Ave nue, Fort Pierce, Florida. Mat ters affecting your personal and property rights may be heard and acted upon. All interested persons may ap pear at the meeting and be heard with respect to the or dinance. Written comments received in advance of the public hearing will also be considered. The draft ordi nance is available for review at the St Lucie County Attor ney's Office located at the St. Lucie County Administration Annex at 2300 Virginia Ave nue, 3rd Floor, Fort Pierce, Florida, during regular busi- Page 385 of 433 Treasure Coast Newspapers - 02/10/2023 Page : C12 February 10, 2023 8:10 am (GMT -5:00) Powered by TECNAVIA 12C | FRIDAY, FEBRUARY10, 2023 |TREASURE COAST NEWSPAPERS TCn²l²loln p²n y To Advertise, visit: ²n²{$$% ""n²pjHours: xZq%Z" aa— ness hours (8:00 a.m. to 5:00 p.m., Monday through Friday). Please call (772)462- 2822 or TDD (772)462-1428 if you have any questions or re quire additional information about this ordinance. The St. Lucie County Board of County Commissioners has the power to review, adopt, amend or repeal any ordi nance. If it becomes necessary, a public hearing may be con tinued to a date certain. Amendments to the proposed ordinance may be made at the public hearing. The proceedings of the Board of County Commissioners are electronically recorded. PUR SUANT TO SECTION 286.0105. FLORIDA STATUTES, if a per son decides to appeal any de cision made with respect to any matter considered at the meetings or hearings of any board, committee, commis sion, agency, council or advi sory group, that person will need a record of the proceed ings. For such purpose, that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Ameri cans with Disabilities Act, any one with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Safety and Risk Manager, Kara DePasquale, ADA Coordina tor, at (772) 462-6419, or T.D.D. (772) 462-1428, at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMIS SIONERS ST. LUCIE COUNTY, FLORIDA /S/Cathy Townsend, Chair Pub: February 10, 2023 TCN5579819 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 2022CA002003 NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, v. JONATHAN CASSISE AKA JONTHAN CHARLES CASSISE; et al, Defendant(s). ./ NOTICE OF ACTION To the following Defendant(s): JONATHAN CASSISE AKA JONTHAN CHARLES CASSISE (Last Known Address: 102 SE Whitmore Dr., Port St Lucie, FL 34984) UNKNOWN SPOUSE OF JONA THAN CASSISE AKA JONTHAN CHARLES CASSISE (Last Known Address: 102 SE Whitmore Dr., Port St Lucie, FL 34984) YOU ARE NOTIFIED that an action to foreclosure based on boundaries established by ac quiescence, on the following described property: LOT 19, BLOCK 550, PORT ST. LUCIE SECTION THIRTEEN, AC CORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 4, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. PROPERTY ADDRESS: 102 SE WHITMORE DR, PORT ST LU CIE, FL 34984 has been filed against you and you are required to serve a copy of your written defens es, if any, to it, on Ghidotti Berger LLP, Attorney for Plain tiff, whose address is 1031 North Miami Beach Boule vard, North Miami Beach, FL 33162 on or before March 2. 2023. a date which is within thirty (30) days after the first publication of this Notice in the Treasure Coast and file the original with the Clerk of this Court either before serv ice on Plaintiffs attorney or immediately thereafter; oth erwise a default will be en tered against you for the re lief demanded in the com plaint. This notice is provided pur suant to Administrative Order No. 2010-08. It is the intent of the 19th Ju dicial Circuit to provide rea sonable accommodations when requested by qualified persons with disabilities. If you are a person with a disa bility who needs an accommo dation to participate in a court proceeding or access to a court facility, you are enti tled, at no cost to you, to the provision of certain assistance. Please contact: Court Adminis tration, 250 NW Country Club Drive, Suite 217, Port Saint Lu cie, FL 34986; (772)807-4370; 1-800-955-8771, if you are hearing or voice impaired. WITNESS my hand and the seal of this Court this 24th day of January, 2023. MICHELLE R. MILLER As Clerk of the Court ^Jll.llll'l.ll»« By:/s/Amanda Jennings As Deputy Clerk Publish: Feb. 3, 10, 2023 TCN5579176 NOTICE OF RULEMAKING FOR FERTILIZER USE BY SILVER OAKS COMMUNITY DEVELOPMENT DISTRICT A public hearing will be con ducted by the Board of Super visors ("Board") of the Silver Oaks Community Develop ment District ("District") on March 15, 2023, at 9:00 a.m., at the offices of Culpepper & Terpening, Inc., 2960 S. 25th Street, Fort Pierce, Florida 34981. In accordance with Chapters 190 and 120, Florida Statutes, the District hereby gives the public notice of its intent to adopt its proposed Rules Re lating to Florida-Friendly Fer tilizer Use ("Rule"). The pur pose and effect of the Rule is to implement St. Lucie Coun ty's Florida-Friendly Fertilizer Use Ordinance and to provide for efficient District opera tions as provided for in Sec tion 190.035, Florida Statutes. Specific legal authority for the rule includes Sections 190.011, 190.012(3), 190.035(2), 190.011(5) and 120.54, Florida Statutes. Prior Notice of Rule Development was published in the St. Lucie News Tribune on February 9, 2023. The pro posed fees include: Type Fine Violation of Florida-Friendly Fertilizer Use Rules Up to $1,000.00 per occur rence The public hearing will pro vide an opportunity for the public to address proposed rules for fertilizer use. A copy of the proposed Rule may be obtained by contacting the District Manager at Wrathell, Hunt and Associates LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431 Phone: (561) 571-0010 ("Dis trict Manager's Office"). Any person who wishes to provide the District with a proposal for a lower cost reg ulatory alternative as provid ed by Section 120.541(1), Flor ida Statutes, must do so in writing within twenty-one (21) days after publication of this notice to the District Man ager's Office. The public hearing may be continued to a date, time, and place to be specified on the record at the hearing. If any one chooses to appeal any de cision of the Board with re spect to any matter consid ered at the public hearing, such person will need a record of the proceedings and should accordingly ensure that a ver batim record of the proceed ings is made which includes the testimony and evidence upon which such appeal is to be based. At the hearing, one or more Supervisors may par ticipate in the public hearing by speaker telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring spe cial accommodations to par ticipate in this hearing is asked to advise the District Manager at least forty-eight (48) hours before the hearing by contacting the District Manager's Office. If you are hearing or speech impaired, please contact the Florida Re lay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) or 1- 800-955-8770 (Voice), who can aid you in contacting the District Manager's Office. Cindy Cerbone, District Manager Silver Oaks Community Development District Pub: Feb. 10, 2023 TCN5584033 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO: 2021CA000039 DLJ MORTGAGE CAPITAL, INC., Plaintiff v. UNKNOWN HEIRS, BENEFICIA RIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGN EE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTER EST BY THROUGH UNDER OR AGAINST THE ESTATE OF GRACE VELEZ, DECEASED; ET AL., Defendant(s), NOTICE OF SALE UNDER F.S. CHAPTER 45 NOTICE IS GIVEN that, in ac cordance with the Final Judg ment of Foreclosure dated January 23, 2023, in the above-styled cause, the Clerk of Circuit Court Michelle R. Miller, shall sell the subject property at public sale on the 15th day of March, 2023, at 8:00 am to the highest and best bidder for cash, at https:// stlucieclerk.com/auctions on the following described prop erty: THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED, LYING AND BEING IN ST. LU CIE COUNTY, FLORIDA, TO- -WIT: THE CONDOMINIUM PARCEL KNOWN AS UNIT 158-1 ■»IJH.IIIIJI.III.I« ('■UNIT") OF THE SAVANNAHS CONDOMINIUM SECTION 1 ACCORDING TO THE DECLA RATION OF CONDOMINIUM ("DECLARATUIN") THEREOF, RECORDED IN THE OFFICIAL RECORDS BOOK 413, PAGE 2610 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORI DA [AND THE AMENDMENT TO DECLARATION TO ADD SUBSEQUENT PHASE 1-J, RE CORDED IN OFF 580, PAGES 533 THROUGH -OF THE PUBLIC RECORDS OF ST. LUCIE COUN TY, FLORIDA], AND AMENDED IN ORB 517, PAGE 2919. KNOWN: 1740 WEST ROYAL TERN LANE PARCEL: 24-27-604-0229-0002 Property Address: 1740 W. Royal Tern Lane, Fort Pierce, FL34982. Any person claiming an inter est in the surplus from the sale, if any, other than the property owner as of the date of the Ms pendens must file a claim within 60 days after the sale. Dated: February 2, 2023. BITMAN O'BRIEN & MORAT, PLLC /s/Meghan Keane. Esquire Meghan Keane, Esquire Florida Bar No.: 103343 mkeane@bitman-law.com mmcdonald@bitman-law.com 615 Crescent Executive Ct Suite 212 Lake Mary, Florida 32746 Telephone: (407) 815-3110 Facsimile: (407) 815-3116 Attorneys for Plaintiff Pub: Feb 10 & 17, 2023 TCN5588833 Notice By The Veranda Land ing Community Development District Of The District's Intent To Use The Uniform Method Of Collection Of Non Ad Valorem Assessments Notice is hereby giv en that the Veranda Landing Community Development District intends to use the uni form method of collecting non-ad valorem assessments to be levied by the District pursuant to Section 197.3632, Florida Statutes. The Board of Supervisors of the District will conduct a public hearing on February 28, 2023 at 2:30 p.m., at 2160 NW Reserve Park Trace, Port St. Lucie FL 34986- 3223. The purpose of the public hearing is to consider the adoption of a resolution au thorizing the District to use the uniform method of col lecting non-ad valorem assess ments to be levied by the District, pursuant to Section 197.3632, Florida Statutes. The District may levy non-ad valorem assessments for the purpose(s) of constructing, ac quiring, making, maintaining, operating, and equipping in frastructure improvements to serve the District including, but not limited to, drainage facilities, transportation im provements, water and sewer facilities, and recreation im provements and facilities, and any other lawful projects or services of the District. The District intends to use the uni form method of collection for a period of more than one year. The District's non ad valorem assessment(s) shall be subject to the same discounts and penalties and the issuance and sale of tax certificates and tax deeds for non-payment as ad valorem taxes. The non payment of said non ad valorem assessments will sub ject the property to the po tential loss of title. Interested parties may appear at the public hearing to be heard re garding the use of the uni form ad valorem method of collecting such non ad valorem assessments. The public hearing may be continued to a date, time, and place to be specified on the record at the hearing. If any person decides to appeal any decision made with respect to any matter considered at this public hearing such person will need a record of proceed ings, and for such purpose such person may need to en sure that a verbatim record of the proceedings is made at their own expense and that such record includes the testi mony and evidence on which the appeal is based. One or two Supervisors may participate in the public hear ing by speaker telephone as long as a quorum is present at the location. Rich Hans Manager Pub Jan 27th, Feb, 3rd, 10th 17th 2023 TCN5565073 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLOR IDA GENERAL JURISDICTION DIVI SION CASE NO. 2022 CA 000874 NEWREZ LLC D/B/A SHELLPOINT MORTGAGE tBB SERVICING, Plaintiff, vs. MONIQUE LASHANE BENNETT A/K/A MONIQUE BENNETT, et. al. Defendant(s), ___________________________/ NOTICE OF ACTION - CON STRUCTIVE SERVICE TO: MONIQUE LASHANE BEN NETT A/K/A MONIQUE BEN NETT and UNKNOWN SPOUSE OF MONIQUE LASHANE BEN NETT A/K/A MONIQUE BEN NETT, whose last known residences are is 4139 KEESON CIR, VERO BEACH, FL 32967, and 1805 40TH AVE, APT D, VERO BEACH, FL 32960, and all par ties having or claiming to have any right, title or inter est in the property described in the mortgage being fore closed herein. YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following property: LOT 56, LOST TREE PRESERVE PD, PHASE 1, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 30, PAGES 1, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORI DA. has been filed against you and you are required to serve a copy of your written defens es, if any, to it on counsel for Plaintiff, whose address is 6409 Congress Avenue, Suite 100, Boca Raton, Florida 33487 on or before March 13 2023 (30 days from Date of First Publication of this No tice) and file the original with the clerk of this court either before service on Plaintiff's at torney or immediately there after; otherwise a default will be entered against you for the relief demanded in the complaint or petition filed herein. WITNESS my hand and the seal of this Court at County, Florida, this 25 day of January , 2023. CLERK OF THE CIRCUIT COURT BY: /s/Deputy Clerk (SEAL) DEPUTY CLERK Robertson, Anschutz, Schneid, Crane & Partners, PLLC 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 PRIMARY EMAIL: fImail@raslg. com Pub: February 3, 10, 2023 TCN5580724 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR SAINT LUCIE COUNTY, FLORIDA CASE NO.: 2022CA001859XXXXHC SUSTAINABLE L&S LLC, a Florida limited liability com pany, Plaintiff, v. ALL UNKNOWN HEIRS, CRED ITORS, DEVISEES, BENEFICIARIES, GRANTEES, ASSIGNEES, LIENORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SHIRLEY WILSON, and DAVID CONRAD FULLER, as a possible heir, Defendant(s). ___________________________/ TO: ALL UNKNOWN HEIRS, CREDITORS, DEVISEES, BENEFICIARIES, GRANTEES, ASSIGNEES, LIENORS, TRUST EES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SHIRLEY WILSON YOUR ARE HEREBY NOTIFIED that an action to quiet title of the following described prop erty in Saint Lucie County, Florida: LOTS 10 AND 28, BLOCK M, HARMONY HEIGHTS ADDI TION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 36, PUB LIC RECORDS OF ST. LUCIE COUNTY, FLORIDA has been filed against and you are required to serve a copy of your written defenses, if any, to it on LAW OFFICES OF JORDAN I. WAGNER, P.A., Plaintiff's attorneys, whose address 320 Southeast 18th Street, Fort Lauderdale, Flori da 33316, Telephone 954-491- 3277, Facsimile: 954-692-9186, iiw@iordanwaqnerlaw.com. and file the original with the Clerk of this Court either be fore service on Plaintiff's at torney or immediately there after, on or before 3/3/2023; otherwise a default will be entered against you for the relief demanded in the com plaint or petition. This notice shall be published once a week for four consecu tive weeks in the TREASURE COAST NEWS WITNESS my hand and the seal of said court in Saint Lu- eie County, Florida on 1/25/2023. DATED ON 1/25/2023 MICHELLE R. MILLER, CLERK AND COMPTROLLER AS CLERK OF THE COURT By: (SEAL) /s/Deputy Clerk As Deputy Clerk Pub: Jan27, Feb3,10,17, 2023 TCN5573362 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUN TY, FLORIDA Case No. 562023DR000128AXXXHC IN RE: THE MARRIAGE OF LUCIANO MAXIMILIAN ARE NA, Petitioner/Husband, and AIDA ALAYACHE, Respondent/Wife.__________________/ NOTICE OF ACTION TO: AIDA ALAYACHE YOU ARE NOTIFIED that an action for dissolution of mar riage has been filed against you and that you are required to serve a copy of your writ ten defenses, if any, on the Husband, LUCIANO MAXIMILI AN ARENA, , do Steger Law, 603 SW Cleveland Avenue, Stuart, FL 34994 on or before 3/12/2023, and file the origi nal with the clerk of this Court at 201 South Indian River Drive, Fort Pierce, FL 34950 before service on Peti tioner or immediately there after. If you fail to do so, a default may be entered against you for the relief de manded in the petition. The action is asking the court to decide a modification of fi nal judgment as to the reloca tion and/or location of minor child, termination of alimony obligation retroactive to date of final judgment, attorney's fees and costs and such other and further relief as the Court deems proper. Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit Court's office. You may review these documents upon request. You must keep the Clerk of the Circuit Court's office noti fied of your current address. (You may file Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form 12.915.) Future papers in this lawsuit will be mailed or e-mailed to the address(es) on record at the clerk's office. WARNING: Rule 12.285, Flori da Family Law Rules of Proce dure, requires certain auto matic disclosure of documents and information. Failure to comply can result in sanctions, including dismissal or striking of pleadings. Dated: 1/27/2023 CLERK OF THE CIRCUIT COURT By: (SEAL) /s/Deputy Clerk Deputy Clerk Pub: Feb. 10, 17, 24, Mar. 3/23 TCN5576804 VERANO # 2 Community Development District Request for Proposals for Annual Audit Services The VERANO # 2 Community Development District hereby requests proposals for annual financial auditing services. The proposals must provide for the auditing of the Distric t's financial records for the fis cal year ending September 30, 2023, with an option for four (4) additional annual renew als. The District is a local unit of special-purpose government created under Chapter 190, Florida Statutes, for the purpose of financing, constructing, and maintaining public infrastructure. The District is located in Port St Lu cie County and is approxi mately 884.512 acres in area. The District currently has an operating budget of approxi mately $427,183. The auditing entity submit ting a proposal must be duly licensed under Chapter 473, Florida Statutes and be quali fied to conduct audits in ac cordance with "Governmental Auditing Standards", as adopted by the Florida Board of Accountancy. The Audit shall be conducted in accord ance with Florida Law and particularly Section 218.39, Florida Statutes, and the rules of the Florida Auditor Gener al. Proposal packages, which in clude additional qualification requirements, evaluation cri teria and instructions to pro posers are available from the District's Manager at the ad dress and telephone number listed below. Proposers must provide (1) electronic copy emailed to RFP @GMSSF.COM and one (1) hardcopy of their proposal to VERANO # 2 Community De velopment District, Attn: District Manager, 5385 N Nob Hill Road, Sunrise, Florida 33351, Telephone (954) 721- 8681, in an envelope marked on the outside "Auditing Services, VERANO # 2 Com munity Development District." Proposals must be received by 11:00 am. on April 10, 2023, at the offices listed above. Please direct all questions re- tBB garding this notice to the Treasurer, Patti Powers at (954) 721-8681. Patti Powers Treasurer Pub: Feb 10, 2023 TCN5587073 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA ALESSIA LUZA, Petitioner and JOSEPH STABILE, Respondent CaseNo.: 312022DR000966 NOTICE OF ACTION FOR DE TERMINE PATERNITY TO: Joseph Stabile 950 Riveria Ave, Sebastian, FL 32958 YOU ARE NOTIFIED that an action for determine paternity has been filed against you and that you are required to serve a copy of your written defenses, if any, to it on Alessia Luza whose address is 9866 E. Verona Cir, Vero Beach, FL 32966 on or before March 6,2023, and file the original with the clerk of this court at 2000 16th Ave Vero Beach, FL 32960 before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered against you for the relief de manded in the petition. Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit Court's office. You may review these documents upon request. You must keep the Clerk of the Circuit Court's office noti fied of your current address. (You must file Designation of Current Mailing and E-Mail Adddress, Florida Supreme Court Approved Law Form 12.915.) Future papers in this lawsuit will be mailed or e- mailed to the addresses on re cord at the clerk's office. WARNIGN: Rule 12.285, Flori da Family Law Rules of Proce dure, requires automatice dislosure of documents and information. Failure to comply can result in sanctions, includ ing dismissal or striking of pleadings. Dated 1/23/2023 CLERK OF THE CIRCUIT COURT By: Deputy Clerk PubDates Feb 3, 10, 17 & 24,2023 TCN 5577921 NOTICE OF ACTION Saint Lucie County BEFORE THE BOARD OF NURSING IN RE: The license to practice Nursing Assistance Sheketra Curtis, C.N.A. 616 Marsh Isle Circle, Apt. 303 Port Saint Lucie, FL 34952 CASE NO.: 2019-06765 LICENSE NO.: CNA279659 The Department of Health has filed an Administrative Com plaint against you, a copy of which may be obtained by contacting, Jonathan S. Grout, Assistant General Counsel, Prosecution Services Unit, 4052 Bald Cypress Way, Bin #C65, Tallahassee Florida 32399-3265, (850) 558-9849. If no contact has been made by you concerning the above by February 28, 2023, the mat ter of the Administrative Complaint will be presented at an ensuing meeting of the Board of Nursing in an infor mal proceeding. In accordance with the Ameri cans with Disabilities Act, per sons needing a special accom modation to participate in this proceeding should con tact the individual or agency sending this notice not later than seven days prior to the proceeding at the address giv en on the notice. Telephone: (850) 245-4640, 1-800-955- 8771 (TDD) or 1-800-955-8770 (V), via Florida Relay Service. Publish: Feb 3, 10, 17, 24, 2023 TCN5580495 NOTICE OF ACTION Martin County BEFORE THE BOARD OF NURS ING IN RE: The license to practice Nursing Clarissia Koontz-Quidetto, R.N. 786 Northeast Bernard Street Jensen Beach, FL 34957 CASE NO.: 2022-35410 LICENSE NO.: RN 9604756 The Department of Health has filed an Administrative Com plaint against you, a copy of which may be obtained by contacting, Caitlin Harden, As sistant General Counsel, Pros ecution Services Unit, 4052 Bald Cypress Way, Bin #C65, Tallahassee Florida 32399- 3265, (850) 558-9870. If no contact has been made by you concerning the above by March 17, 2023 the matter of the Administrative Com plaint will be presented at an ensuing meeting of the Board of Nursing in an Informal pro ceeding. In accordance with the Ameri cans with Disabilities Act, per sons needing a special accom modation to participate in this proceeding should con tact the individual or agency sending this notice not later Page 386 of 433 9.B.1. RES-2023-18 PUBLIC HEARINGS - PUBLIC WORKS AGENDA REQUEST DATE: 2/21/2023 *RESOLUTION ITEM - NON AD- VALOREM ASSESSMENT QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works SUBJECT: Culvert 2023-02 Municipal Services Benefit Unit - Assessment Resolution BACKGROUND: Stormwater culverts direct and channel the flow of stormwater under driveways, roads, sidewalks and other obstructions and are an integral component of stormwater management. Culverts fail over time due to maintenance, environmental or installation issues. Culvert failure can lead to localized flooding which may impede safe conditions of ingress and egress for owners and residents of property in the affected area as well as the traveling public, visitors, emergency responders and other public service providers. Some culvert owners may lack the resources to pay for improvements and repairs. In February 2021, the Board established a voluntary program, Ordinance 21-004, to which eligible property owners can apply for and receive funding to improve or repair culverts and then repay this funding through the imposition of a non-ad valorem special assessment against the improved property collected in annual installments on the tax roll. The attached Resolution No. 2022-18 is the Assessment Resolution as required by County's Ordinance 21-004, as amended. The purpose of this resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the Culvert 2023-02 MSBU, determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, approve the assessment roll, and provide an effective date. PREVIOUS ACTION: February 23, 2021- the Board adopted Ordinance No. 21-004, establishing a program to fund the improvement and repair of stormwater culverts through the imposition of special assessments. FINANCIAL IMPACT: N/A RECOMMENDATION: Page 387 of 433 Staff recommends Board approval of Resolution No. 2023-18, the Culvert 2023-02 MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 02, 2023 Patrick Dayan, Public Works Director Date: February 03, 2023 Daniel McIntyre, County Attorney Date: February 05, 2023 Mayte Santamaria, Planning & Development Services Director Page 388 of 433 1 RESOLUTION NO. 2023- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND STORMWATER CULVERT IMPROVEMENTS; ESTABLISHING THE CULVERT 2023-02 MUNICIPAL SERVICE BENEFIT UNIT; DETERMINING THAT THE REAL PROPERTY COMPRISING SUCH MUNICIPAL SERVICE BENEFIT UNIT WILL BE SPECIALLY BENEFITED BY THE CULVERT IMPROVEMENTS; DESCRIBING THE METHOD OF ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the "Board") is adopted pursuant to the provisions of Chapter 40, Article VIII of the County Code of Ordinances, as amended (the "Assessment Ordinance"), sections 125.01 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Assessment Resolution for the Culvert 2023-02 MSBU. All capitalized words and terms not otherwise defined herein shall have the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Assessed Parcel" or "Parcel" means a parcel of real property subject to the Culvert Assessments imposed hereunder, identified by the distinct ad valorem property tax identification number assigned by the Property Appraiser. Page 389 of 433 2 "Collection Costs" means costs incurred by the County in the annual collection and administration of the Assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the early payment of property taxes and non-ad valorem assessments. "County" means St. Lucie County, Florida. "Culvert 2023-02 Municipal Service Benefit Unit" or "Culvert 2023-02 MSBU" means the Culvert 2023-02 Municipal Service Benefit Unit as described in Section 6 and Appendix C hereof. The Culvert 2023-02 MSBU shall constitute an Assessment Area within the meaning of the Assessment Ordinance. SECTION 3. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 4. FINDINGS. It is hereby ascertained, determined and declared that: (A) Culverts direct and channel the flow of stormwater under driveways, roads, sidewalks and other obstructions and are an integral component of proper stormwater management by preventing hazardous flood conditions on public rights of way and thereby ensuring safe passage for vehicles and pedestrians during and in the aftermath of rainfall events. (B) Culverts may fail over time due to maintenance, environmental or installation issues, failures related to capacity and volume causing the erosion of the soil around or under Page 390 of 433 3 them, and structural or material failures that cause culverts to fail due to collapse or corrosion of the materials from which they are made. (C) Culvert failure can lead to localized flooding which may impede safe conditions of ingress and egress for owners and residents of property in the affected area, the traveling public, visitors, emergency responders and other public service providers. (D) In many instances, culverts are constructed or located to serve as access to private property such that the culvert is owned by, and the maintenance, improvement and repair of the culvert is the responsibility of, private property owners. (E) Such owners may recognize the potentially dangerous conditions caused by culvert failure but nonetheless lack the resources or ability to pay for improvements or repairs. (F) In light of the paramount public purpose served by proper management of stormwater and the prevention of hazardous flood conditions on public rights of way, the Board adopted the Assessment Ordinance to establish a program pursuant to which eligible Property Owners can apply for and receive funding to improve or repair culverts and then repay such funding through the imposition of a non-ad valorem special assessment against the improved property, collected in annual installments pursuant to the Uniform Assessment Collection Act. (G) The County is authorized by Article VIII, Section 1 of the State Constitution and Sections 125.01 and 197.3632, Florida Statutes, to provide for the imposition and collection of charges in the form of non-ad valorem special assessments. (H) Participation in the culvert improvement program established by the Assessment Ordinance is voluntary, with the Culvert Assessments imposed solely upon the request of and at Page 391 of 433 4 the option of eligible Property Owners who have entered into a Financing Agreement with the County. (I) The special benefits conveyed to Assessed Parcels by the Culvert Improvements include, but are not limited to, increased use, enjoyment and marketability, and remediating potentially hazardous conditions for ingress and egress to the property by Property Owners, emergency response personnel, public service providers and others, resulting from failure of existing culvert facilities and development of the property from its natural state. Assessed Parcels are further benefitted by the Property Owner's ability to finance the acquisition and installation of Culvert Improvements over time through the imposition of Culvert Assessments. (J) The Culvert Assessment imposed against the Assessed Parcel(s) comprising the Culvert 2023-02 MSBU is based upon the actual cost of the Culvert Improvements proposed for the respective Parcels, together with an amount not to exceed 5% of the Culvert Assessment to cover overhead expenses including but not limited to recording fees, credit reports and title searches. The total amount of the Culvert Assessment is set forth in the Financing Agreement for each Parcel and agreed upon by the Property Owner(s). (K) Such method of calculating the Culvert Assessment for Assessed Parcels is therefore a fair and reasonable method for apportioning the costs of the Culvert Improvements and the special benefit conveyed thereby among Assessed Parcels which bears a reasonable relationship to the cost of providing the improvements. (L) The County has received a Financing Agreement signed by the Property Owner(s) for each Parcel comprising the Culvert 2023-02 MSBU. Page 392 of 433 5 (M) The Board hereby finds and determines that the Culvert Assessments to be imposed in accordance with this Resolution provide a proper and equitable method of funding the Culvert Improvements by fairly and reasonably apportioning the costs and benefits thereof among Assessed Parcels. (N) As required by the terms of the Assessment Ordinance, notice of a public hearing has been published and mailed to each affected Property Owner notifying such Property Owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (O) Such public hearing was duly held on January 24, 2023 and comments and objections of all interested persons have been heard and considered as required by law. (P) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (Q) The special benefits derived by Assessed Parcels from the Culvert Improvements, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (R) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Culvert Improvements by fairly and reasonably allocating the costs associated therewith among specially benefited property. Page 393 of 433 6 SECTION 5. RATIFICATION AND CONFIRMATION OF PRIOR ACTIONS. Any and all prior actions of the Board, the Assessment Coordinator and County staff associated with creation of the Culvert 2023-02 MSBU and the imposition of Assessments therein to fund the Culvert Improvements, including but not limited to the provision of mailed and published notices, are hereby approved, ratified and confirmed in their entirety. SECTION 6. ESTABLISHMENT OF CULVERT 2023-02 MSBU. The Culvert 2023-02 MSBU, the description of which is set forth in Appendix C hereto, is hereby established. SECTION 7. ASSESSMENTS. (A) Culvert Assessments are hereby imposed against the Assessed Parcel(s) included on the Assessment Roll for the Culvert 2023-02 MSBU. (B) The total amount of the Culvert Assessment and the maximum annual installment of the Culvert Assessment for each Parcel, including annual interest at the rate of 2.5% and Collection Costs, are included in Appendix C and the Financing Agreement for each Parcel. (C) The Culvert Assessment shall constitute a lien against Assessed Parcels equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 8. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the Assessment Coordinator and incorporated herein by reference, is hereby approved. A copy of the Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Page 394 of 433 7 Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 9. COLLECTION OF ASSESSMENTS. (A) The owner(s) of Assessed Parcels may prepay the Culvert Assessment in full at any time by paying the principal amount owing on the Culvert Assessment, and accrued interest through the prepayment date, less a credit for the principal and interest component of any annual installment not yet paid but certified for collection pursuant to the Uniform Assessment Collection Act. Parcels for which the Assessment has been paid in full shall be removed from the Assessment Roll prior to its certification to the Tax Collector. (B) Assessments which are not prepaid shall be collected in not more than ten (10) annual installments pursuant to the Assessment Ordinance and Uniform Assessment Collection Act, commencing with the property tax bill mailed in November 2023. The Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, 2023 in the manner prescribed by the Uniform Assessment Collection Act. (C) The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Parcels but may be paid in full at any time at the option of the owner thereof. SECTION 10. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's Page 395 of 433 8 adoption of this Resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Cathy Townsend, Chair Linda Bartz, Vice Chair Chris Dzadovsky, Commissioner Jamie Fowler, Commissioner Larry Leet, Commissioner PASSED AND DULY ADOPTED this 21st day of February 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 396 of 433 A-1 APPENDIX A PROOF OF PUBLICATION Page 397 of 433 B-1 APPENDIX B AFFIDAVIT OF MAILING BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose and say: (1)I am MSBU Project Manager for the Engineering Division of St. Lucie County, Florida. (2)On or before February 1, 2023, I facilitated and directed mailed notice of a public hearing to be held on February 21, 2023, by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the creation of the Culvert 2023-02 MSBU and the imposition of Culvert Assessments therein from the public and affected Property Owners and consider adoption of an Annual Assessment Resolution approving the Assessment Roll and directing certification and delivery thereof to the Tax Collector. The notices were mailed in accordance with Section 40-268 of the County Code of Ordinances, as amended, to each owner of real property located within the proposed Culvert 2023-02 MSBU subject to the assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NAUGHT. ______________________________ Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was acknowledged before me by means of ☐ physical presence or ☐ online notarization this ____ day of _______________, 2023, by Barbara Guettler. She is personally known to me or has produced _______________ as identification and did take an oath. Printed/Typed Name: (SEAL) Notary Public-State of Commission Expires: Page 398 of 433 C-1 APPENDIX C DESCRIPTION OF CULVERT 2023-02 MUNICIPAL SERVICE BENEFIT UNIT AND ASSESSMENT AMOUNTS The following table describes the Parcels comprising the Culvert 2023-02 Municipal Service Benefit Unit, together with the total amount of the Culvert Assessment and the annual installment for each Parcel. Parcel Identification Number Total Culvert Assessment Annual Installment Page 399 of 433 10.A.1. 2023-58609 REGULAR AGENDA - COUNTY ADMINISTRATION AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - BOARD APPOINTMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Administration SUBJECT: Appointments to the Infrastructure Surtax Oversight Committee - At-Large Member Vacancies BACKGROUND: There are two At-Large vacancies and one At-Large/Alternate vacancy on the Infrastructure Surtax Oversight Committee. Two members' terms expired in January 2023 and both seek reappointment. Kenneth Kroll is seeking reappointment. DJ O'Neal (formerly Ferguson) held the Alternate seat and is seeking appointment to a regular At-Large seat. Gayle Pike, one of the former At-Larger members, was chosen as Commissioner Linda Bartz's appointee in November, 2022. Five additional applications were forwarded to the Board Liaisons to review and, of those, three are qualified to serve. There are five qualified applicants in total, and their applications are attached for consideration. Also attached are recommendations from the Board Liaisons for the two At-Large positions, and for the At-Large/Alternate seat. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board vote and appoint three representatives to fill the two At-Large seats and one At-Large/Alternate seat on the Infrastructure Surtax Oversight Committee. COMMISSION ACTION: Page 400 of 433 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 07, 2023 Patrick Dayan, Public Works Director Date: February 08, 2023 Mayte Santamaria, Planning & Development Services Director Date: February 09, 2023 Daniel McIntyre, County Attorney Page 401 of 433 1 Susan White From:Leslie Smith Sent:Monday, February 6, 2023 10:29 AM To:Susan White Cc:Kelly Lang; Mayte Santamaria Subject:RE: Infrastructure positions open Yes, please! Please reappoint Ken Kroll and DJ O’Neal as the Infrastructure Surtax Committee At‐Large Positions. Please appoint Bianca Wall as our Alternate At‐Large Position. Thank you. From: Susan White <whites@stlucieco.org> Sent: Monday, February 6, 2023 10:26 AM To: Leslie Smith <smithl@stlucieco.org> Subject: RE: Infrastructure positions open Hi Leslie, Do you want to start anew and change JF O’Neal to DJ O’Neal? If so, please copy Mayte on the new email, as well as Kelly Lang. Thank you. All the best, Susan _____________________________________________________________ Susan White | Executive Assistant for County Administration Ph: 772-462-1677 From: Leslie Smith <smithl@stlucieco.org> Sent: Tuesday, January 31, 2023 11:56 AM To: Susan White <whites@stlucieco.org> Cc: Kelly Lang <LangK@stlucieco.org>; Mayte Santamaria <santamariam@stlucieco.org>; Patrick Dayan <DayanP@stlucieco.org> Subject: Infrastructure positions open Please reappoint Ken Kroll and JF O’Neal as the Infrastructure Surtax Committee At‐Large Positions. Please appoint Bianca Wall as our Alternate At‐Large Position. Thank you. Page 402 of 433 2 Leslie Smith-Torres | Sr. Operations Specialist | Public Works Department Ph: 772-462-2178 | 2300 Virginia Ave. Fort Pierce 34982 facebook.com/stluciegov | twitter.com/stluciegov | instagram.com/stluciegov | youtube.com/stluciegov Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Page 403 of 433 Page 404 of 433 Page 405 of 433 Page 406 of 433 Page 407 of 433 Page 408 of 433 Page 409 of 433 Page 410 of 433 Page 411 of 433 Page 412 of 433 Page 413 of 433 Page 414 of 433 Page 415 of 433 verbal ok - sw Page 416 of 433 St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be county resident. 2. Must not be related to a county commissioner or county employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a county commissioner or other committee members. 4. Must not serve on more than two county advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name: G i' Fl VV c.._9 g" W A l ( 2. Home Phone: Cell Phone: 5 C) ~ 3 8 6 ·-:J ,-~ .:Jj Work Phone: . \~O :1~3 '? b -7 aS6 E-mail: 6 (A fl.JCf1 g wA 11e. <YA boo_, e...e>M 3. Home Address:;], SQ Oc..&01-r'D egA~ DP1\Jf ~ett--Se. 6~A-C..\L ~'-\ ~ 4. Current Employer/Qccu ation: .{ ~ fr.,...__ ( f)('F (l() i{c -{ '{ 5-.~ f/f/7E'A. rt&~ ~ 1 e; /Vl<'t L. 11. Are you currently a St. Lucie County resident? [:Z1Yes D No If yes, for how long? ~ g:-y.J T ~ Or;)..0 Page 417 of 433 12. Are you part of a protected class that requires that your personal information be redacted from public view? D Yes JZf No 13. Except for noncriminial traffic infractions, have you ever been convicted of, or pied ~ty or "no contest" to, a crime, whether or not adjudication was withheld? D Yes 0 No 14. Are you currently charged with a crime, other than noncriminal.~~· infractions? D Yes ~o Adjudication withheld or prosecution deferred? D YescE:J No If yes to any of above, please provide the following information: OFFENSE ~ DATE P~E (CITY, STATE) SENTENCE AND/OR FINE / .//" /' ~ / / / -----/7 < A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. . " f perjury, I declare that I have read the foregoing and the facts as I have stated are true. D Affordable Housing Advisory Committee 0 Art In Public Places D Board of Adjustments (quasi-judicial) 0 Children Services Council (separate application) O Citizen's Budget Committee D Code Enforcement Board (quasi-judicial) ~Community Development Block Grant ~Comprehensive Economic Development Strategy _..ta' Contractors Examining Board D Early Learning Coalition SLC D Emergency Medical Services Advisory Council J2f Historical Commission 0 Housing Finance Authority zf Infrastructure Surtax Oversight Committee D Internal Audit Advisory Committee (Clerk of Court) D Investment Committee .l1' Land Acquisition Selection Committee ~ ~ D Library Advisory Board ~Planning & Zoning Commission (quasi-judicial) D Port of Ft. Pierce Advisory Committee D Public Art & Design Committee D Sustainability Advisory Committee D Tourist Development Council 0 Treasure Coast Education & Research Dev. Authority 0 Treasure Coast Health Council, Inc. D Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Staff Use: Applications may be submitted via e-mail or regular mail:. St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website: www.stlucieco.gov/boards Received toj/ rjz.1 -eJ Confirmed Receipt Renewed via phone 2/3/23 - sw X added via phone 2/3/23 Page 418 of 433 October 14, 2021 Tammy Suren Advantage Property Management 1111 S. Federal Hwy, ste100 Stuart, FL 34994 St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 \-To whom it may concern, I I I have known Bianca Wall since December 2020. She is a resident and I Board Member of Ocean Bay Villas. I have worked with Bianca as the Ocean Bay property manager and find her to be very knowledgeable in many areas of business including real estate. She is full of energy, creative, a good listener and a pleasure to work with. Bianca would be an asset to any Board or Committee. Should you like to speak with me, I can be reached at 772-233-9117. Sincerely, _n /OA1L/1LL{U~ Tammy Suren, LCAM Advantage Property Management Page 419 of 433 Gordon Moert, Broker 4350 Brownsboro Rd Suite 110 Louisville, KY 40207 October 10, 2021 St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 To Whom It May Concern: Hello! My name is Gordon Moert, past President of the Louisville Board of Realtors and past Vice President of the KY Association of Realtors. I am pleased to be a reference for Bianca S. Wall, now a permanent resident of Jensen Beach, located in St. Lucie County, Florida. I have known-Bianca fortY=five years-and-worked-with her-for the-past six years.J:ler __ knowlec;lge _____ _ encompasses developing land to finding the highest and best use for Residential and Commercial Properties. She is professional, tenacious and creative, all of which have served her well in her forty-five years as a Commercial Broker. -Finally, I believe Bianca will be a welcome addition to your Board. If you-have any-questions, please call me at (502) 262-6200. Thank you for your time. Sincerely, ~ -Gordon L. Moert Page 420 of 433 10.B.1. 2023-58615 REGULAR AGENDA - COUNTY ATTORNEY AGENDA REQUEST DATE: 2/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Caroline Valentin, Assistant County Attorney III SUBMITTED BY: County Attorney SUBJECT: Employment Agreement - George Landry - ATTACHMENT AMENDED BACKGROUND: On January 31, 2023, the Board selected George Landry as the top ranked candidate for the position of St. Lucie County Administrator. Attached is a copy of a proposed Employment Agreement with Mr. Landry. A summary of the Agreement is as follows: • The Agreement term will begin on March 1, 2023. • The proposed annual salary is $211,000.00. • It is proposed that Mr. Landry will receive a yearly wage increase (if any) in the same amount as determined by the Board and provided to all regular, non-bargaining unit employees. • At the Board's request, the Board will conduct a probationary evaluation of Mr. Landry's performance on or before September 1, 2023. • At the Board's request, beginning on or before March 1, 2024, and annually thereafter, the Board will conduct a performance evaluation of Mr. Landry. • The proposed deferred compensation payment is 5%. • Proposed annual leave/cap: As a current County employee, Mr. Landry has accrued vacation leave and will continue to accrue in the same manner as a general County employee. The proposed cap on vacation leave is 400 hours. • Proposed sick leave/cap: As a current County employee, Mr. Landry has accrued sick leave and will continue to accrue in the same manner as a general County employees. The proposed cap on sick leave termination pay is 720 hours. • The proposed car allowance is $3,600.00 per year. • The proposed severance payment is 20 weeks in the event the County terminates the Agreement for convenience (without cause) except as otherwise provided in the Agreement. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Page 421 of 433 N/A RECOMMENDATION: Staff recommends that the Board approve the employment agreement and authorize the Chair to sign the agreement. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 09, 2023 Caroline Valentin, Assistant County Attorney III Date: February 14, 2023 Daniel McIntyre, County Attorney Page 422 of 433 1 S:/ATTY/AGREEMNT/CONTRACT/George Landry AGREEMENT THIS AGREEMENT, made and entered into by and between the ST. LUCIE COUNTY, FLORIDA, hereinafter called the "County", by its BOARD OF COUNTY COMMISSIONERS, hereinafter called the "Board", and GEORGE LANDRY, hereinafter called the "Employee", both of whom understand as follows: WITNESSETH: WHEREAS, the County desires to retain the services of said Employee as the County Administrator of St. Lucie County, Florida; and, WHEREAS, it is the desire of the Board to provide certain benefits, set certain conditions of employment, and to establish a procedure for the termination of employment by the Board and the Employee; and, WHEREAS, Employee desires to be employed as County Administrator of said County; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES The County herein agrees to employ said Employee as County Administrator of said County to perform the functions and duties specified in accordance with Chapter 59-1801, Laws of Florida and other applicable laws and ordinances and to perform such other legally permissible and proper duties and functions as the Board shall from time to time assign. SECTION 2. TERMS A. Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of the Board to terminate the services of Employee at any time, subject only to the provisions set Page 423 of 433 2 S:/ATTY/AGREEMNT/CONTRACT/George Landry forth in Section 3, paragraphs A, B, C and D of this Agreement. B. Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the County, subject only to the provision set forth in Section 3, paragraph E, of this Agreement. C. Employee agrees to remain in the exclusive employ of the County and will not become employed by another employer until termination is effected as hereinafter provided or as otherwise mutually agreed by both parties. D. This Agreement shall be effective, and the Employee shall commence his employment on March 1, 2023. The term of this agreement shall be for a period of two (2) years. This agreement shall be automatically renewed for an additional two (2) year period at the end of each contract period unless the Board of County Commissioners gives at least ninety (90) days written notice prior to the renewal date that they desire not to extend the contract under the same terms and conditions as set forth above. SECTION 3. TERMINATION AND SEVERANCE PAY A. The Board and the Employee understand and agree that the position of County Administrator is head of the executive branch of County government for St. Lucie County. The Employee must maintain the confidence of the Board and discharge fully and properly the duties of his position. The Employee shall serve at the will and pleasure of the Board. The Board may terminate the Employee at any time for the convenience of the County but only if a majority of the Board agrees. B. Termination for the Convenience of the County: Except as provided in paragraph 3(E), in the event Employee is either terminated by the Board for the convenience of the County Page 424 of 433 3 S:/ATTY/AGREEMNT/CONTRACT/George Landry or is forced to resign during such time that Employee is willing and able to perform the duties of County Administrator, then and in that event the County agrees to pay Employee a lump sum severance cash payment equal to twenty (20) weeks of compensation. "For the convenience of the County" as used in this Agreement means where the Employee is terminated by the Board without good cause; where a majority of the Board has lost confidence in the Employee performing the duties of his position; where termination of the Employee is in the best interests of the County, as determined solely by the Board; or for any other reason the Board deems appropriate. C. Termination for Cause: In the event the Employee is terminated by the Board for cause, then and in that event the County shall have no obligation to pay the aggregate severance sum designated in Section 3, paragraph B. "Cause" as used in this Agreement means willful violations of the provisions of the law; willful disregard of a clear direct order, request or policy of the Board; or conviction of any crime involving moral turpitude or relating to official duties. The standard for cause for dismissal may be established by measuring the conduct and performance of the Employee against the conduct and performance of other professional County or City Managers considering contemporary standards of employee conduct and performance. D. In accordance with section 215.425(4)(a)2, Florida Statutes, no severance pay is authorized if the Employee is fired or terminated for misconduct as defined in section 443.036(29), Florida Statutes. E. Voluntary Resignation: In the event Employee voluntarily resigns his position with the County, the Employee shall give the Board thirty (30) days’ notice in advance, unless the parties otherwise agree. The Board, at its option, may set an earlier effective date of the Page 425 of 433 4 S:/ATTY/AGREEMNT/CONTRACT/George Landry Employee’s last date of employment with the County in the event the Employee gives notice of voluntary resignation. The Board shall not be required to pay the Employee a lump sum cash severance payment in the event the Employee voluntarily resigns his position as County Administrator or in the event the County sets an earlier effective date of the Employee’s last date of employment with the County following the Employee’s notice of voluntary resignation. SECTION 4. DISABILITY. If (a) the Employee is permanently disabled or is otherwise unable to performance his duties because of sickness, accident, injury, mental incapacity or health for a period of three (3) months and (b) no reasonable accommodation is possible, to the extent required by state or federal law, the Board shall have the option to terminate this Agreement without payment of the aggregate severance sum designated in Section 3, paragraph B. However, Employee shall be compensated for any accrued sick leave, annual leave, holidays and compensatory time, and shall be entitled to the same disability benefits as extended to other County employees. SECTION 5. SALARY AND EVALUATION A. The County agrees to pay Employee for his service rendered pursuant hereto a bi- weekly salary which computes to $211,000.00 per annum, commencing March 1, 2023. His salary may be raised from time to time at the sole discretion of the Board. Employee shall receive a yearly wage increase (if any) in the same amount as determined by the Board and provided to all regular, non-bargaining unit employees. B. Nothing in this section shall require the County to increase the base salary or other benefits of Employee. C. The Board shall conduct a probationary evaluation of the Employee’s performance Page 426 of 433 5 S:/ATTY/AGREEMNT/CONTRACT/George Landry on or before September 1, 2023. Beginning on or before March 1, 2024, and annually thereafter, the Board shall conduct a performance evaluation of the Employee. In the event, the Board determines not to retain the Employee’s services as County Administrator as a result of such evaluation, the Employee shall have the option of applying for any vacant County position for which he meets the minimum requirements. The County shall not be required to hire the Employee for any of the positions for which he applies pursuant to this paragraph. SECTION 6. VACATION AND SICK LEAVE. In addition to any vacation and sick leave the Employee has accumulated due to his existing employment with the County, the Employee shall accrue vacation and sick leave in the same manner as a general County employee during the term of this Agreement, except that the cap on vacation hours accrued shall be 400 hours regardless of Employee’s years of eligible service. Any accumulated and unused vacation of up to 400 hours and sick leave of up to 720 hours will be paid to the Employee upon the effective date of the Employee’s resignation, termination or retirement from the County. The parties acknowledge and agree that the Employee’s initial hire date with the County, January 28, 2013, shall be used as the hire date for calculating the Employee’s accrual rate for leave, but shall not be used in determining the cap on vacation hours accrued or the cap on sick leave termination pay. SECTION 7. DEFERRED COMPENSATION. In addition to the base salary paid by the Board to the Employee, the Board shall pay on the Employee’s behalf, in equal proportionate amounts each pay period, into the Employee’s account in a deferred compensation plan (IRS 457 Plan) an amount equal to 5% of the Employee’s annual base salary. SECTION 8. AUTOMOBILE ALLOWANCE COMMUNICATIONS ALLOWANCE. The County shall provide a monthly allowance in the sum of Three Hundred Dollars and No Cents ($300.00) Page 427 of 433 6 S:/ATTY/AGREEMNT/CONTRACT/George Landry per month for the Employee's use of his personal vehicle for County business. The County shall provide and pay for a cell phone for the Employee. SECTION 9. DUES AND SUBSCRIPTIONS. The County agrees to pay the Employee's professional dues for membership in the International County/ County Management Association and the Florida County and County Management Association. The County shall pay other dues and subscriptions on behalf of the Employee as are approved in the County's annual budget (on a line item basis) or as authorized separately by the County Commission. SECTION 10. PROFESSIONAL DEVELOPMENT. The County agrees to pay reasonable and customary travel and subsistence expenses for the Employee's travel to and attendance at the International County/ County Management Association's annual conference, the Florida County and County Management Association's annual conference and the Florida Association of Counties annual conference. The County may choose to pay for the Employee's attendance at other seminars, conferences, and committee meetings as it deems appropriate and as are approved by Commission action. SECTION 11. COUNTY RESIDENCY AND RELOCATION EXPENSES. The Employee agrees to maintain residence within the corporate limits of the County throughout the term of this Agreement. SECTION 12. INDEMNIFICATION. A. County shall defend, save harmless, and indemnify the Employee against any action for any injury or damage suffered as a result of any act, event, or omission of action that the Employee reasonably believes to be in the scope of his duties or function, unless he acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of Page 428 of 433 7 S:/ATTY/AGREEMNT/CONTRACT/George Landry human rights, safety, or property. The County may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. The County shall not be liable for the acts or omissions of the Employee committed while acting outside the course and scope of his agreed duties or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. To the maximum extent permitted by law, the County and the Employee shall rely on the doctrine of sovereign immunity and the provisions of Section 768.28, Florida Statutes, or other applicable law B. Said indemnification shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in the Employee’s capacity as County Administrator, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the County. SECTION 13. BONDING. The County agrees to bear the full cost of any fidelity or other bonds required of the Employee as County Administrator under any policy, regulation, ordinance or law. SECTION 14. CODE OF ETHICS. Inasmuch as the Employee is an active full member of the International County/ County Management Association (ICMA), the "Code of Ethics" promulgated by ICMA is incorporated herein, and by this reference made a part hereof. Said "Code of Ethics" shall furnish principles to govern the Employee's conduct and actions as County Administrator of the County. SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Board shall fix any other terms of employment as it may determine desirable from time to time, relating to the performance of Employee, provided such terms and conditions Page 429 of 433 8 S:/ATTY/AGREEMNT/CONTRACT/George Landry are not inconsistent with or in conflict with the provisions of this Agreement, the laws of Florida, or any other applicable law. B. In addition to benefits specifically enumerated herein for the benefit of the Employee, all provisions of law and regulations and rules of County relating to annual and sick leave, life insurance, disability benefits, retirement and pension system contributions, holidays, health insurance, and other fringe benefits as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of County, except as otherwise provided for herein. SECTION 16. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. B. The Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. Florida law shall govern this Agreement and any litigation that may arise from this Agreement shall be filed and litigated in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. D. If any provision. or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IT WITNESS WHEREOF, the parties have caused this Agreement to be duly executed this _______day of ____________________, 2023. Page 430 of 433 9 S:/ATTY/AGREEMNT/CONTRACT/George Landry ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE, FLORIDA ____________________________________ BY: ________________________________ Deputy Clerk Chair As approved by the Board on ___________ APPROVED AS TO FORM AND CORRECTNESS: BY: ________________________________ COUNTY ATTORNEY ____________________________________ GEORGE LANDRY ____________________________________ Date Page 431 of 433 10.C.1. 2023-58587 REGULAR AGENDA - PLANNING & DEVELOPMENT SERVICES AGENDA REQUEST DATE: 2/21/2023 *DISCUSSION ITEM QUASI-JUDICIAL ITEM? No TO: Board of County Commissioners PRESENTED BY: Mayte Santamaria, Planning & Development Services Director SUBMITTED BY: Planning & Development Services SUBJECT: Administrative Approval Update from the PDS Director BACKGROUND: This is a brief discussion to review the items that received administrative approval through the Planning & Development Services Director over the previous month. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: No formal vote is necessary as this is only a discussion item. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 02, 2023 Mayte Santamaria, Planning & Development Services Director Page 432 of 433 Date: February 03, 2023 Daniel McIntyre, County Attorney Page 433 of 433