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Agenda Packet 09-07-99 (Part Two)
~ .-..".,¡I ~ AGENDA REQUEST ITEM NO. .c.J C DATE: 9/7/99 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Leisure Services Mike Leeds SUBJECT: Lighting Boards and Dimmer Pack-Civic Center BACKGROUND: Lighting equipment at the Civic Center is outdated and in need of replacement. At this point, the manufacturer does not make replacement parts and any that are needed must be specially made. Additionally, there is no backup equipment at the Civic Center. A Dimmer Pack is also requested. Currently, no spare equipment is available if one of the ones in use were to break. The cost of this equipment is $ 5,245. Thru reallocation of remaining funds in the approved civic Center budget, funds are available to purchase this equipment. FUNDS AVAIL. :001-7510-564000-700 (Machinery and Equipment) PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Budget Amendment No. 99-137 in the amount of $5,245 and Equipment Request No. 99-238 for the purchase of lighting boards and a dimmer pack for the civic Center. [ X] [ ] APPROVED OTHER: DENIED E: COMMISSION ACTION: u as M. Anderson Cou ty Administrator Review and Approvals County Attorney: ~~ Originating Dep~ Management & Budget Purchasing: Other: Other: Pinance: (Check for Copy only, if applicableJ___ Eff. 5/96 , \ ~ ....", MIÁMI STÁ6~Cf¿Ár=T I~C. QUOTATION SHEET TO: Terry Davis COMPANY; St. Lucie Civic Center ¡'AX NUMBER: 5614621940 DATE: 8/26/99 TOTAL NO. Of' P^CES INCLUDING COV£R: PHON!! NUMBER., S£ND F.~ 'S REFERENCE NUMBER: Thank yo:u for the opportunity to quote as follows: Qty Description . .JJ..~;'" ,'1 !>_ t, ..~ I\/" "'~¥ ..¡. ,~~._ r ).1.:)' h'> Unit Cost 1 LP-624-MPX-D/ A 1 LP-1600-24/48W 1 MX-2400-UtX 122.4K Taxes if applicable are not included '.~'- Installation is not included This quote is good for 30 days Terms are net 20 with approved credit Frei ht to the 'ob site is not included 2855 EAST 11TH AVENU! HtALEAH, FlORIDA 330lJ PHONE:30S-8J6.93H. F^X30S'696.)JZ2 EMAIL: info~m¡lmi>cagee..{t.eom ;d ;:GSE 969 SeE :IN r .J.._:fV'è::J3D\11S I ~'I':;I I H f'iOèL:J ('idS;: : V 666 L -9;:-8 .....(JDGET AMENDMENT REQUEST F~ REQUESTING DEPARTMENT: OMS/Leisure Services/Civic Center PREPARED DATE: September 1,1999 AGENDA DATE: September 7,1999 ~ _1:' ~ I -* " , ~, , , n:1:/®{"'Z·JI~ (mr;m~ ¿;,,'li{~Æ· r;(~": f~:!,j2:r;_ ¡ Î:f,'J~l~Tlf TO: 001-7510-564000-700 Machinery & Equipment $5,245 FROM: 001-7510-541300-700 Postage $100 001-7510-546000-700 Equipment Maintenance $1,800 001-7510-548010-700 Promotional Advertising $400 001-7510-551501-700 Office Supplies - Computer $310 001-7510-552150-700 Concessions Supplies $1,000 001-7510-552910-700 Uniforms $146 001-7510-554100-700 Books & Subsrciptions $760 001-7510-551200-700 Equipment < $750 $729 REASON FOR BUDGET AMENDMENT: Purchase Lighting Soadrs with Dimmer Package for the Civic Center. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: ~h BUDGET AMENDMENT #: 99-137 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN elf. 10/01/94 m' :-. C C D '-" 'J, <: m Co Cñ "'C =ij ::! > š: "T1 Õ :::c m ñ z -I Z > š: -I -I m :::c Õ z m z ::I c ~ rT1 2' ;! ):,. ëi3 r- r- 0 r- .0 ::J tJ 1;) <0' G> $ Q} ~ ~ ( ) Q) :::r §, ..... J:: C/) ~ () () s' 0 c: I 0 ::! I\) Q) CI) :3 ( ) CO 0 :::0 t.) ëi3 ..... 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"'C m "'0 (") Q) ( ) :3 0 "'C (") 0." 0 S' ::J Q) .... :::c 0 ..... f5- :;a 0 c s' ë;j' ëi3 0 3: z co Q) 1;) < 3: :!!O -I Q) m 2' ~ ):,. c m CAe z ~ () Z ::J ~ ( ) Oz c ~ :3 c 3: t:r ..... m ~~ OJ S' ãì õ' ( ) !=? ::J ::J m ..... ::;; Q) :- -<0 ~ :::r ~ ( ) 0 ):,. mo ::J ..... ~ ( ) ~ ~ >s:: 0 ( ) ë;j' :;as:: a .... ëi3 ~ 1;) - - ~ ( ) ë;j' 0 CO( ) 0. 0 ::J S· CO( ) ::J 0 ,..... co - 0 ( ) t:r ~ '0 <:) -. :8z :s CI) Q) ( ) ~ ~ <:) ()' s' () .... "" :3 m I 0 (I) C/) 0: c:: -§ Q) :;a ( ) CI) ::J ( ) .... ::J ( ) ( ) c:: <? éñ ~ .Q Qj' 01 .., c:: () 0) t:r ëa is' t: .¡:". c:: :3 <:) c& Õ ëi3 <:) ( ) .., <: <? ( ) t:r ::J §- 0 ,..... ..... ~ ëi3 Q) ( ) Q) ..... CI) <:) ~ ( ) :::r ::J 0 0 ..... ~' :3 õ' Q) 0 ~ ( ) ::J éñ ;-. ,,'-" II< -,-, AGENDA REQUEST -..,ì' ITEM NO. t23F DATE: 9/7/99 CONSENT [XX] REGULAR PUBLIC HEARING TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Parks Michael D. Leeds Department Head SUBJECT: Gas powered concrete saw and cart and Pole Barn at Edwards Road Parks Compound. BACKGROUND: The Parks Division/Trades is requesting to purchase a Gas Powered Concrete Saw and Cart. This saw will ve used by all the crews to do repairs in cutting holes in sidewalks to do irrigation repairs, cut around poles that are set in concrete. The blade can be switched so it will be able to cut steel and it will be used on fence repairs, pipes that are in the ground, and under boat docks. It will also be able to cut asphalt. As part of the 97/98 and 98/99 Fiscal Year Budgets, The BOCC approved replacement of the mowers, trailers, and tractors utilized by Leisure Services Public Properties and Grounds Maintenance crews. This equipment is currently inventoried at our open air Parks compound on Edwards Road. Purchase materials to construct one 75 feet x 30 feet pole barn on site that will provide sufficient shelter from the elements, extend the life expectancy of the equipment and reduce garage maintenance line item accounts. FUNDS AVAIL: 001-7210-564000-700 001-7210-562000-700 Machinery and Equipment Buildings PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the budget amendment #BA99-134 and equipment requests #EQ99-236 a Gas Powered concrete Saw and Cart and #CA99-065 a Pole Barn. [X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Coordination/Siqnatures ~. CO='y A"o=oy, ~ I Originating Dept) { Finance: (copies only) : k--:::Bud90" Other: Purchasing: Other: ~DGET AMENDMENT REQUEST FOI~ ( \ REQUESTING DEPARTMENT: OMB/Leisure Services/Parks PREPARED DATE: September 1,1999 AGENDA DATE: September 7, 1999 , ß , " t" x,.'" _ > ¡" ,"~ ~t ~ - ~ " -{" ' . , ""': ,. . , f , ' j.\Mií~Jl\P>1Wm.r.g:: > >'. ': \ ~~'" > > L~~l~r~ä:1!rJFU@ (;.1 'JJ¡1!!lli:' 1 > > "" .. ~ ,A,.,...:/ tl J, -!';. ~-: " : TO: 001-7210-564000-700 Machinery & Equipment $1,335 001-7210-562000-700 Buildings $5,000 FROM: 001-7210-546005-700 Equipment Maintenance - Central Garage $5,000 001-7210-551200-700 Equipment <$750 $1,227 001-7210-547005-700 Printing & Binding - Material Center $108 REASON FOR BUDGET AMENDMENT: Purchase the following item for Leisure Services Parks: Gas Powered Concrete Saw and Cart Also Construct Pole Barn Edwards Rd CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: 99-134 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eft. 10101194 m D c: ::¡; 3: m Z ~ :;0 m D ;I!: rn £) <0 <0 I I\) tv CJ) '-" "t)"t) is' Q.. (1) (1) en en s: s: Q) Q) ..... ..... Q) Q) ëi3 ëi3 s' ¡g s:..... (1) s· CQ C) a 0 c:: ~ :;:, ëi3 .0. ..... 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Õ s:~ (') ::r ctI ctI Q¡ CQ C/) C/) m Q¡ ::r ctI zm Q3 ctI 3 ~O CQ ãf Q¡ :;tI» ctI .., ã) 3 ~ ~. m:;tl Q¡ ::::: DC S' 1:) ëiï Co ã) ~ Õ m'TI ~ ~ (') 00(') Q¡ Q: 0 ~ ctI ~ -to ctI C/) C/) 'TIc - t:: ~ Oz s· ~ (') ctI (') ...... ~~ §= c¡¡' Q¡ ~ clJ 3 ..... Cñ(') C/) Q¡ ::r c¡¡- (')0 (') ctI CXJ »s: » (') ãf 0 Q¡ r-s: 0 t:: .., :3 0 ~ ã'~ -(- 0 ¡iì mOO c: :3 --. »~ "- z ::r 0 :;tIO -I ~ ctI ctI Z ~ ...a. ctI ~ CD m c¡¡- 3 CD :;tI èÞ' co ctI ctI I 00 ~ ..... CD Jñ >< CD C ctI W C >< C --. ã) èÞ' -< CJ I ;j ~ ctI m c: Q. ...... en c --. G) <? m 01 -I Q) I\) » c š: c <? 0 c:¡ c: z z c 0 :-:I ~ .01 C C C 'w' AGENDA REQUEST ......" ITEM NO. C3 rD DATE: 9/7/99 CONSENT [XX] REGULAR PUBLIC HEARING TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Leisure Services Michael D. Leeds Department Head SUBJECT: Capital Equipment Purchases BACKGROUND: Through review of the Recreation Division we have been able to accumulate funds to accommodate the purchase of; a metal shelter (to build parade floats under shade and out of the rain), lectern (existing lectern is showing it's age, need a back up), computer (3) for LPCC, FPCC and Recreation Division Office. FUNDS AVAIL: 001-7215-564000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Budget Amendment #BA99 - 133 and equipment request #EQ99-232 three computers, #EQ99 -233 Lectern model #SCSL56C/FS6, and #EQ99-234 Metal Shelter. [ ] APPROVED DENIED [X] OTHER: Voted 4-1 Computers - Approved Lectern & Shelter - Denied COMMISSION ACTION: Coordination/Siqnatures C~'Y"'o=ey' .ßt£ Originating Dept¿:J, Mgt & Budget: Purchasing: Other: Other: Finance: (copies only) ,_ EPP. 11/4/93 88/31/99 13:48:49 (954)-7&4-6833-> ~ ~~1CSt -ë.nt~~Visüa', 1riC.- S~~~ARD""lF CTY COHM ATTN: DON HCLAM 00000-0000 Ship Via: UPS FOB Qty Item Number 1 SCSL56C 1 SCSFS6 Desc.ription LECTERN "PROFESSIONAL" STAND, FOLDING Notes: PLEASE CALL BONNIE IF YOU NEED ANYTHING ELSE SPEC SHEETS TO FOLLOW THANK YOU FOR CALLING CAV em ail: sales@centralav.com CENTRAL AUDIO VISUAL Page 88t >...,I Quotation Number: Quotation Date: Phone Numbe-r: Fax Numbe-r: Sales Rep: Terms This quotation is valid for 30 days. (\> V .. ~-_.....:. Central Audio Visual, Inc. 1212 South AndreINS Ave Ft Lauderdale, Florida 33316-1886 (954) 522-3796 06472 (800) 432-3756 8/27/99FAX (954) 76~833 561-462-1514 561-462-1940 BONNIE FLEISCHER Tax Rate N .00 Total Y Unit P-ric.e $1,024.32 $254.28 Total $1,024.32 $254.28 Sub Total $1,278.60 Shipping Sales Tax * Total * $1,278.60 WM'I. central av. com OJIm<N>: The ¡:ri:::es III'1dtsrrs a1 ttiscµ;talja1 are rct s../:jId 1e...r.B dw1geea dtw ~ uieeB ço.«I ¡, wtrg ~ Ccr1ni Þu:io........ rc. (SeIIr). ÞI q.dBtias ardagærets -..... to yo l 4Xf1 ao.AIIIIi:ity d II1IIt.Iri* rdU:jcj: Ie cI1Irga d»1e CÎICU'T1!I:aI"O be;a'da.rca1ld ~_~a1 c:aarda::n:licrs et!tinga1INdDd q.d::;ix:n, rd_SLtjct led1rg¡tythe SeIr bltrehl --- ......"""'--:_~"-....~_.--;_'"-.~~~_T:~ -----.1..0... ., '___~~______ ---......:---"'~.............L..-...:_.........___--""'....'~ '-" St. Lucie County Automated Service~ 300 Virginia Ave Fort Pierce, FL 34982 USA """""" elephone: 561/462-1681 Quote Date 08/31/99 Com puter System Quote 89901231501 Quote For: Leisure Services - Administration 2300 Virginia Avenue Fort Pierce, FL 34982 I {¿ !-Co i, (-í.. ¿'f,ji ,.:..J,'t,qCì:..c ) I. ,j-. .> ¡) 3 PCPENT PC\Pent\64mb\4gbHDD\3,5\FDD\NIC\VGA\Win95\CDROM WPOFFSUITE2000 Wordperfect Office Suite 2000 925,00 2775,00 3 285,00 855,00 Total Order This is a quotation for the items requested. To initiate purchase of the Items, use the regular purchase order procedure to issue a purchase order to Automated Services, vendor number 3099. Upon receipt and installation of the items we will send an invoice for submission to Finance for processing. Print Date: 08/31/99 4:13 PM Customer Original Page 1 m c C D '-" ~ <: m c: ~ ." ;; > 3: .." 0 ::tI m Õ z -f Z > 3: -f -f m Õ z ::tI :-;I m z D ~ IT1 Q) s: ~ " · ~ en ( ) ;! ::0 r- ...... · 0 ..Q IT1 Û Q) ~. · IT1 r- ...... ;! C) C) c::: ( ) ëi) <0 S' ::,- -'"'!" ;J;- (6' "6' 0 <0 ~ en I C) Q) ~ ( ) ~ ~ :3 :- ::0 c: I\.) 0 <:: ::0 a ( ) ~ ::0 w :J ëi)' ( ) Q) r- IT1 I\.) en ( ) co ã! ::¡ c::: ;? ~ õ õ C) QJ ...... C) :j en C) 0 ã! :3 Q) ëij' (6' 0 ~ ~ 0 @" -§ Q) en 0 <: :3 0.. g: ~ ~' c::: () :5 () co Q) ...... 0 0 0' Q) QJ ::¡ ;:¡. 0 c::: () :3 ¡¡:¡ ...... ~ tJ C)' 0 -.. ::¡ IT1 CI) ¡¡} á} ~ :3 0- ( ) $" "6' en c::: CD C§ ( ) CI)' Q) ::¡ ëb r- ::¡ ;§. >< õ' ::¡ ...... ( ) ~ ª- ëij' ,r;; Q) 0 ëij' C/) ~ ...... ::¡ CI) .., c::: :-f () CI) S' 0- ~ ~ ...., ã! ~ co c::: a c::: ( ) C) <& "ö CI) en mï ::¡ ~ ëb co ( ) ...... 0 g- ( ) DC ëb Q) :3 ~ ( ) QJ ~ < ,'" ëb :3 ( ) cQ " ã! ,CI) c::: 0.. <D' CI) c)' =õm ...... ~ {g ëb en ë;¡ ::¡ ( ) ""tJ ~ C) ....;: ::0 3:0 CD 0 0 -~ ::,- ~ ( ) (6' ..Q ;J;- 01 ( ) >< ( ) mO C) èj ¡:¡¡ ( ) en 0 g. ã! èjj' ã! zc ( ) CI) ;§ 0 :- ...... ( ) ;§ s: ¡ Q) -IZ () S' s: C) ...... 0 co 0 s: ~ ;! õ' ::c-l :3 s: ::¡ C) ::¡ èjj' ::¡ m-< :3 s: ( ) ,q. s' 0 ~ tJ ( ) ~ 0 ~ ( ) <;:' DDJ c::: CI) () ~ ..Q co ::¡ ( ) -. :3: {g c::: èjj' ~ ë:'~ en c)' Q) "6' õ' m> ::¡ 0 s: ( ) 0 ë;¡ :3 ::¡ C/)::c () 0..-" ( ) en ::¡ Q) ( ) èjj' > ( ) CI) ""tJ ~ ~ ~ co ::¡ > ::tI -Ie (') ::¡ 0- en c::: 9 ...... ã! ." m 'TI0 ëb ::¡ (') ( ) r- èj ~ C) èjj' ..Q ." (') O'TI 0 .., c::: ::0 ::,- ( ) :Þ ::¡ c::: ::tI 0 Q) ( ) ::Co c: ::¡ CI) ( ) Q) CI) Q) C) ( ) CI) 0 3: z ( ) C) en () ::¡ 0 ( ) ...... < 0.. 0.. ã! ( ) 0.. ~ S' 3: !!O -f s: 0 ~ m m 0' Q) 0 ~ ::,- co C C/)c z ( ) ...... -.. Q) 0.. Z .., õ' c::: Q) Oz c: ~ s: Q) c::: C§ ëb 0' c ::¡ ::¡ ~~ 3: ( ) ã! ëb .., .., ( ) m !XI C) ~ !C'o CI) .., -§ Q) CI) ;¡¡: !=? m ã! ;? ( ) ...... ¡¡:¡ c::: ôì 8 -<0 ~ Q) g. ~ Õ r- ~ ~ ~ 01 S· Õ ~ mo ...... á} ::¡ Q) CI) ~ 01 8 C) >3: tJ CI) Q) :::J 0 ëb :J 0 c::: ::C3: ( ) ::¡ ~ ...... ëb "- ~ s· oo.."ö :::!'t ;? ..a. _ -.. CI) Q) õ ::¡ .., (DC/) en' Q) CD 0' õ' s: 0 ~ ::,- ::¡ ~ ëb .., (DC/) ::¡ ( ) 0 "6" ( ) C) () r- CQ- "5" 9i ·0 0 Q) -.. Q) 0 s: S· :8z 0 :3: o-~ Q- ã! S· :3 ( ) 8 ~ ~ 0 C)' o ...... 0' :::;' m ...... C§ ::,- :::J en 0' :3 :J I ~ 0 'õ' en en ::c ~ Q) ~ ~ 3 c::: ;? · ::¡ <:: CD ::¡ 0- C/) ...... · ( ) ( ) <9 Q) ~ CI) · Cf1 ;¡¡: en' ~ g ë:' ~ ::¡ ...... () 01 C) 0 QJ ;::s ::¡ () 0) o ...... ( ) C) 0 ~ :3 CI) g: èjj' ::¡ g 0 ~ ~ ::¡ CI) ëb :3 <: 0 c::: .., ::¡ :3 <? c::: ::¡ en ( ) ;§ ~ 0 ~ Q) ~ ~ c::: e;¡ ::::; ::¡ 0 CIí CI) ëb ( ) ~~ ~ :3 ::¡ ~ () ...... ' Q) ( ) 0- ( ) :3 CD c::: ::¡ ::0 ëb ëb ", s: .., :-. :5 ( ) CI)" en S' () en ¡¡:¡ c::: 8j ~ õ ~ á} CD Õ ::¡ '<:: ~ en' s: ( ) ~DGET AMENDMENT REQUEST FC,-, REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMS/Leisure Services/Recreation September 1, 1999 September 7, 1999 TO: 001-7215-564000-700 FROM: 001-7215-551501-700 001-7215-552910-700 001-7215-540010-700 001-7215-540000-700 Machinery & Equipment $6,757 Office Supplies-Computer $3,630 $1,279 $748 $1,100 Uniforms Travel - Car Allowance Travel REASON FOR BUDGET AMENDMENT: Purchase the following items for Leisure Services Recreation: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eft. 10/01/94 1 - (3) Computers 2 - Lectern 3 - Metal Shelter ~ 99-133 m ,D C =ti 3: m z -t ;:0 m o ~ 111 .0 co co I I\) W ~ '-' ~();! ~ §¡ CD ~ r- s: ( j CD CD ::J ëir "" ~ t::: Q) s: Ctl Ctl CD (I) 8 Ctl CD ~ ëìï ~. 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Õ » -I Õ Z c <: Cñ õ z ::0 111 () ::0 ~ :j o <: » " " ;:0 o < m o ~ en c m " » ~ -I š: m z :-:' r- !:!} C/) c: ::0 ", C/) g} S () ", C/) ~ m o o š: š: m z C m C CIJ ~ mï DC: c:Q =em 3:0 mO ZC: -IZ ~~ DCJ c:o m» CIJ::O -Ie "'0 0." ::00 ~O ClJc: °z ~~ -<0 mo »3: ::os:: - - CDCIJ CDCIJ Q)- '0 ~Z m ::0 CIJ r:¡ C/) \wt'JDGET AMENDMENT REQUEST FOe.., REQUESTING DEPARTMENT: OMS/Leisure Services/Recreation PREPARED DATE: AGENDA DATE: September 1, 1999 September 7, 1999 " *'*"'> ~_ > -'"" " ¡ '@:-~$":Jt> ~ - " : ,,;~ $7'f' 4t~"i ~~~ ~,- j ,;:r~~~£rIDitilli:J!t:{~~ '::::,: " , ,,~ , - ~~ . -, ':{;(~arroé~@: -" J :1::(~ß[r~ fc j , ~ '.--«""~ " ¡ , TO: 001-7215-564000-700 Machinery & Equipment $6,757 FROM: 001-7215-551501-700 Office Supplies-Computer $3,630 001-7215-552910-700 Uniforms $1,279 001-7215-540010-700 Travel - Car Allowance $748 001-7215-540000-700 Travel $1,100 REASON FOR BUDGET AMENDMENT: Purchase the following items for Leisure Services Recreation: 1 - (3) Computers 2 - Lectern 3 - Metal Shelter CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: 99-133 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eft. 10101/94 / /2.. IS 1ft' t,....ø ~:~, , '~ '-~I"~ Engineered for . 120 m.p.h. winds tc;;,....and20Ib. per sq. ft. f"~~·~S'··· snow load Custom.hêights and lengths available :_-"'~~~:- ...... .......... ~ ~., . -,..,;..-- ~ # '\5'.:. ~ ' \ " 'if .<~_,.:,,..,,.:.;;.:::~~.' _, _.>.",' /1' ..,èldeèì'iiõgether except the leg 'lÞ:~- ,,'-',' ..': - -'''' :_--::,;:-.,,~..' ,;a6out 5>minutes. Insert material :.,;ê~'&r:;;·~',\~~~~..:-¿~~i!"A~->(~~;" -c.' ',',: - '._,>," f;tbèàm~Fi all legs are welded. to the '!-~'T~r/vif;'<::~:::> /-,;-~;- ..""'- "'- - ;, ',.:. '-" ~ J,'J-ic:':c:" ,0'>.:. -.,..:.....:..:...-._...":'....t.--.-_../.... __i,_'<:''''''<'·''_''''''''_,;;:,'_ :._,_._ ':,',k, _:...... ':;"'__.:, .'~;'~_:-":"'~"'~_~- i :'©199ä·pot.Y~StEÈLCORP. . > - ',," ,":' "- ~';:':'~~':~i~"'" C'_ <,-¡,:,::_,':./-..-~ '-",./: -' ,':-:' ,.> ,,.. ,"""-',; , Sê~yÒtlffti~hdíy "POLY-STEEL DEALER~ <-.._"--_. STORAGE BUILDINGS· TRUCK TOPS FULL LINE OF TRUCK ACCESSORIES "~TS THLIRl1B tt IS SAME LOèATION S¡'NCE 1959 SAM & VONNIE WATERS, Owners Phone (561) 464-4077 Home (561) 464-3531 2775 North U.S, 1 Fort Pierce, Fiorida 34946 .... '-" y AGENDA REQUEST ITEM NO. C4 DATE 9/7/99 REGULAR [ PUBLIC HEARING CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Douqlas M. Anderson SUBJECT: Restudy Coordination Committee BACKGROUND: The Board passed Resolution No. 99-83 in March 1999 creating a committee. A copy is attached. Six members have been appointed by community organizations who will be represented. Two members have been appointed by the Board. This request has been scheduled to ratify Commissioner Barnes I appointment of Bill Theiss to the Restudy Coordination Committee. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the board ratify Commissioner Barnes' appointment of Bill Theiss to serve on the Restudy Coordination Committee. [ X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Dougl s M. Anderson Coun y Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept, Other: Other: Finance, (Check for Copy only, if applicableJ___ Eff, 5/96 '-" ..."" \ ( c . ,£\'\ "? '?''). RESOLUTION NO. <1q-23 A RESOLUTION ESTABLISHING THE RESTUDY COORDINATION COMMITTEE (RESTUDY COMMITTEE) FOR ST. LUCIE COUNTY, THAT IS CHARGED WITH BEING CONTINUOUSLY AWARE OF AND INVOL VED IN THE USACE/SFWMD RESTORATION RESTUDIES OF THE RIVER AND LAGOON (RESTUDY), AND TO MAKE REGULAR REPORTS TO THE COUNTY AND INTERESTED AGENCIES REGARDING THE OPTIONS BEING CONSIDERED AND THEIR MERITS BASED ON THE BEST SCIENTIFIC, ENGINEERING AND ENVIRONMENTAL INFORMATION A V AILABLE WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. The Regional Attenuation Facility Task Force, established in 1995 completed its initial and subsequent assigned tasks, and delivered a final report to the S1. Lucie County Board of County Commissioners. 2. The U.S. Army Corps of Engineers (US ACE) and the South Flòrida Water Management District (SFWMD) have entered into a cooperative agreement to restudy all water management options in S1. Lucie and Martin Counties necessary to address the environmental restoration needs of the S1. Lucie River (River) and the Indian River Lagoon (Lagoon). 3. The recommendations of these two agencies are scheduled to be made by July, 2000, and will represent the first and best opportunity for restoration of our critical estuarine resources since the original drainage programs in the two counties were begun 80 years ago. 4. There is a continued need for local awareness and involvement during the evaluation of the methods and costs of environmental restoration as these studies proceed. 5. One of the projects identified by the Regional Attenuation Facility Task Force has been included in the South Florida Ecosystem Restoration Working Group's final ranking of critical restoration projects, that being the Ten Mile Creek Project, upon which the RAF Task Force could provide critical local input. 6. Approximately $60,000 remain from the original appropriation of $150,000 which funded the Regional Attenuation Facility (RAF) Task Forces's work. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: '-' "-" 1. This Board does hereby establish the Restudy Coordination Committee (Restudy Committee) for St. Lucie County, that is charged with being continuously aware of and involved in the USACE/SFWMD restoration restudies of the River and Lagoon (Restudy), and to make regular reports to the Board and interested agencies regarding the options being considered and their merits based on the best scientific, engineering and environmental information available. 2. The Restudy Committee is charged with assisting USACE and SFWMD with public awareness and education efforts during studies of the River and Lagoon, and with representing the broadest possible local interests during these efforts. 3. The Restudy Committee shall consist of eleven (11) representatives selected by the following entities: (i) Five (5) members appointed by the St. Lucie County Board of County Commissioners (one member appointed by each Commissioner); (ii) One (1) St. Lucie County resident from the St. Lucie River Initiative; (iii) One (1) resident from the Conservation Alliance ofSt. Lucie County; (iv) One (1) businessperson from the St. Lucie County Chamber of Commerce; (v) One (1) from the St. Lucie Soil and Water Conservation District staff; (vi) One (1) resident from the St. Lucie County Waterfront Council; (vii) One (1) North St. Lucie River Water Control District; 4. The U.S. Army Corps of Engineers, South Florida Water Management District, Florida Department of Environmental Protection, Treasure Coast Regional Planning Council, USDA Natural Resources Conservation Service will be asked to appoint advisory members and provide support to the Restudy Committee. 5. The Restudy Committee shall adopt such bylaws as it requires in order to operate. Its meetings shall be public meetings in the sunshine. Upon completion of the Restudy, it will sunset unless otherwise provided for by the appropriate resolution. 6. The RAF Task Force shall be reconstituted on an ad hoc basis and continue to provide local coordination, assistance and, if necessary, funding toward facilitating the completion of the Ten Mile Creek Project. Its meetings shall be public meetings in the sunshine. Upon completion of the Ten Mile Çreek Project, it shall sunset, unless otherwise provided for by the appropriate resolution, 7. The funds remaining in the RAF Task Force account shall be allocated to support the efforts of the RAF Task Force and the Restudy Committee through advertising meetings, keeping minutes, publishing reports, presenting public forums; and to assist to implement the goals and objectives and achieve the conclusion of the RAF Task Force Report provided, however, none of the task force or committee members shall be compensated for serving on the task force or committee and provided further none of the task force or committee members shall provide professional services to the task force or committee for compensation. -- - '-' '''WI' 8. St. Lucie County staff shall provide administrative and support for which the County shall be reimbursed from the above-referenced funds for the Restudy Committee and the RAF Task Force. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner Doug Coward PASSED AND DULY ADOPTED this _ day of _, 1999. A TrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATIORNEY '-' '~ 8/99 RESTUDY COORDINATION COMMITTEE Contact Person - Phil Freeland - 462-1452 Meeting Date - To be determined Appointee Appointing Authority or Representing Term Commissioner Bruhn 11/00 Jim Terpening 1243 SW Starlite Cove Port St. Lucie, FL 34986 8/99- 340-7932 Commissioner Coward 11/02 Commissioner Lewis 11/00 Howard Beville 15150 Orange Avenue Fort Pierce, FI. 34945 8/99- 465-4461 Commissioner Hutchinson 11/02 Commissioner Barnes 11/00 Mike Brown, Jr. Harbor Federal Savings Bank 100 S, Second St. Ft. Pierce, FI. 34950 1999- 460-7039 St. Lucie River Initiative 2007 Jane Brooks 924 Jackson Way Ft. Pierce, FI. 34949 1999- 464-3088 Conservation Alliance 2007 Mike Adams Adams Ranch 26003 Orange Ave, Ft. Pierce, FI. 34945 1999- 461-6321 St. Lucie Soil &Water Conservation District 2007 Delores Hogan Johnson 429 N, 19 Street Ft. Pierce, FI. 34950 1999- 461-4851 St. Lucie Waterfront Council 2007 Flip Gates, Jr. 711 S. Indian River Drive Ft. Pierce, FI. 34950 1999- 464-8012 St. Lucie Chamber of Commerce 2007 v ...." Myron "Mac" Varn, Jr. PO Box 550 Fort Pierce, FI. 34954 461-2172 North St. Lucie River Water Control District 1999- 2007 The Restudy Coordination Committee was created by Resolution No, 99-83, and is an outgrowth of the Regional Attenuation Task Force which studied the restoration of critica~ estuarine resources, The Restudy Coordination Committee is charged with being continuously aware of and involved in the Army Corps of Engineers/South Florida Water Management District restoration restudies of the St. Lucie River and Indian River Lagoon and to make regular reports to the County and interested agencies regarding the options being considered and the merits. ** These members are in their first term and çm:Lbe re-appointed for one more term These members are in their second term and cannot be re-appointed. * ',-, AGENDA REQUEST ~EM NO. Œ5 A DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Teamsters Local Union No. 769 - Collective Bargaining Agreement BACKGROUND: See attached memorandum CA 99-1166 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Collective Bargaining Agreement with Teamsters Local Union No, 769. [X] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: County Attorney: ,v~ Purchasing: Review and A Originating Dept. Other: Finance: (Check for Copy only, if applicable): _ to , r '-' "" C\ (....-' Y\ . \.....-:>f~· ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1166 DATE: August 27, 1999 SUBJECT: Teamsters Local Union No, 769 - CollectiveBargainingAgreemett BACKGROUND: On June 3, 1999, the County and Teamsters Local Union No. 769 opened regotiations on a new collective bargaining agreement to take effect in fiscal year 1999-2000. On August 26, 1999, the County and Union negotiating teams signed off on all remaining open articles and concluded the negotiations. On September 2, 1999, the Union will hold a ratification meeting for members of the bargaining unit. If the employees vote against ratification, this item will be removed from the Board's September 7, 1999 agenda. A copy of the proposed agreement is attached to this memorandum. The significant changes to the agreement are summarized below: 1, Any employee who is suspended as the result of a positive drug test will be required to participate and successfully complete a rehabilitation program under the Employee Assistance Program. (Article 4) 2. Regular part-time employees will be eligible to accrue sick and vacation leave. These employees will also receive holiday pay. (Articles 20, 22, and 23) 3.. A floating holiday has been added to the holiday schedule. (Article 22) 4. The grievance procedure has been revised in an effort to create a more efficient am expeditious process by requiring a preliminary meeting between the grievant and his supervisor to attempt to resolve the matter. (Article 26) The Agreement also provides for a three percent (3 %) wage increase for all bargaining uni employees effective September 26, 1999, which is the start of the first pay period for fiscal year 1999-2000. As the County is in the second year of a three (3) year health insurance contract, the insurance program, including rates of employee contribution, will be unchang<td, The term of th: 1 .. '-' "-" t I .. Agreement will begin October 1, 1999 and run through and including September 30, 2002, with negotiations reopening in June 2000 on wages for fiscal years 2000 and 2001. Negotiations will also reopen in June 2001 on the health insurance program for fiscal year 2001. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769. Respectfully submitted, ~h- Heather Young Assistant County Attorney HY/ Copies to: County Administrator Finance Director Airport Director Leisure Services Director Mosquito Control Director Public Safety Director Public Works Director Central Services Manager Management and Budget Manager Personnel/Risk Manager Personnel Coordinator 2 '-' '-' .. I COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA AND TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA EFFECTIVE OCTOBER 1, 1999 '--' 'wi .. I I TABLE OF CONTENTS PAGE ARTICLE 1 Intent and Purpose 1 ARTICLE 2 Management Rights 2 ARTICLE 3 Correspondence 4 ARTICLE 4 Alcohol, Drugs and Controlled Substance Examination/Testing Procedures 5 ARTICLE 5 Safety 9 ARTICLE 6 No Concurrent Employment 11 ARTICLE 7 Attendance 12 ARTICLE 8 Overtime 13 ARTICLE 9 Hours of Work 14 ARTICLE 10 Emergency Standby Duty 15 ARTICLE 11 On Call Status 17 ARTICLE 12 Evaluation Period 19 ARTICLE 13 Separations 21 ARTICLE 14 Recall after Lay-Off 24 ARTICLE 15 Transfers 26 ARTICLE 16 Promotions 28 ARTICLE 17 Temporary Assignments 30 ARTICLE 18 Insurance 31 ARTICLE 19 Leaves of Absence 33 ARTICLE 20 Paid Sick Leave 38 \wi '-' , I ARTICLE 21 Sick Leave Incentive 40 ARTICLE 22 Holidays 42 ARTICLE 23 Vacation Leave 45 ARTICLE 24 Dues Check -Off 48 ARTICLE 25 Union Activity 49 ARTICLE 26 Grievance Procedure 51 ARTICLE 27 Arbitration 54 ARTICLE 28 Continuity of Operations 57 ARTICLE 29 Subcontracting 58 ARTICLE 30 Bulletin Boards 59 ARTICLE 31 Uniforms 60 ARTICLE 32 Wages 61 ARTICLE 33 Retirement 62 ARTICLE 34 Printing Agreement 63 ARTICLE 35 General 64 ARTICLE 36 Savings Clause 66 ARTICLE 37 Duration of Agreement 67 SIGNATURE PAGE 68 \wi 'wi f I ARTICLE 1 INTENT AND PURPOSE It is the intent and purpose of the parties hereto to set forth herein the basic agreement covering rates of pay, hours of work, and conditions of employment; to achieve and maintain harmonious relations between the Board of County Commissioners, St. Lucie County, Florida, hereinafter referred to as the "County", and Teamsters Local Union No. 769, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, hereinafter referred to as the "Union"; to insure the continuous, uninterrupted and efficient operation of all departments; and to provide for the prompt and amicable adjustment of differences that may arise. 1 '-' '-' r I ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as otherwise specifically limited in this Agreement, the Union recognizes and agrees that the supervision, management, control and determination of the County business, operations, working force, equipment and facilities are exclusively vested in the County and its designated officials, administrators, managers and supervisors. The County alone shall have the authority to determine any direct policies, mode and methods of providing its services and unilaterally set the standards for same, without any interference in the management and conduct of the County's business by the Union or any of its representatives. Except as expressly limited by a specific provision of the Agreement, the County shall continue to have the exclusive right to take any action its deems necessary or appropriate in the management of its business and the direction of its work force. Without limiting the generality of the foregoing, such rights exclusively reserved to the County shall include but not be limited to its right to determine the existence or nonexistence of facts which are the basis of management decisions; the right to determine the size and composition of its work forces; to determine the existence of a job vacancy; to temporarily fill vacancies; to hire new employees from the outside at any level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, assign, direct, lay-off and recall employees subject to the express provision ofthis Agreement; to determine the fact of lack of work; to determine questions of physical fitness, skills and ability of employees to perform the work; to reward or reprimand, discharge, or otherwise discipline employees; to maintain the efficiency of employees; to determine job content and minimum qualification for job classifications and the amount and type of work needed; to engage in experimental and developmental projects; to determine what records are to be made and kept, how the records are to be made and kept, including those records relating to hours of work of employees, who will make and keep the records, how the records are to be made and kept; to establish new jobs, abolish or change existingjobs; to determine the assignment of work; to contract out or subcontract work; to schedule the hours and days to be worked on each job and each shift; to close facilities and to open new facilities; to make time studies of work loads, job assignments, methods of operation and efficiency from time to time and to make changes based on said studies; to expand, reduce, alter, combine, transfer, assign, cease, create, or restructure any department or operation for business purposes; to control, regulate and determine the number, type, and use of supplies, machinery, equipment, vehicles and other property owned, used, possessed or leased by the County; to introduce new, different or improved methods, means, and processes of County services and operations; to make or change rules and regulations, policies and practices for the purpose of efficiency, safe practices and discipline; and otherwise generally to manage the County, direct the work force, and establish terms and conditions of employment, except as modified or restricted by a provision of this Agreement. The County's failure to exercise any function or right hereby reserved to it, or, its exercising any function or right in a particular way, shall not be deemed 2 '-' "wi ì' a waiver of its rights to exercise such function or right, nor precludes the County from exercising the same in some other way not in conflict with the express provisions of this Agreement. The Union agrees that the County may exercise all of the above without advising the Union of any proposed action; nor may the Union require the County to negotiate over the decision or its effects on the employees except as altered by this Agreement. The exercise of the rights specifically listed in this Article does not preclude the employees or their representatives from conferring with Management or raising questions about the practical consequences that decisions on these matters may have on the terms and conditions of employment. Section 2. Past practices of the Board of County Commissioners or County Management shall not be considered for the purpose of limiting the rights, responsibilities, or prerogatives of management, nor for the purpose of enlarging upon the specific and express limitations on management which are contained in this Agreement. Section 3. If the County determines that civil emergency conditions exist, including but not limited to riots, civil disorders, strikes or illegal work stoppages, hurricane conditions or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the County during the term of the declared emergency. Notwithstanding the provisions of Article 3, Correspondence, notice of such suspension will be given to the Union President as soon as practicable after the determination has been made and by whatever means are appropriate under the circumstances. 3 '-" "wi 1 I ARTICLE 3 CORRESPONDENCE Section 1. Unless otherwise provided in this Agreement, all correspondence from the Union to the County shall be directed to the Personnel Training Manager, or his designee, and all correspondence frcm the County to the Union shall be directed to the Business Representative. To comply with the tiIœ limits contained in this Agreement, such correspondence shall be sent via the U. S. Postal Service, hand delivered or via facsimile and shall actually be received by the Personnel Training Manager, or his designee, or Union Business Representative on or before the date due unless sent via the U.S. Postal Service. When the U.S. Postal Service is utilized, all time limits contained in this Agreement shall be considered met so long as the correspondence is maila:t via certified mail and the postmark date is in compliance with the specified time limit. All other correspondence shall be mailed by the U.S. Postal Service via regular mail, hand delivered, or sent via facsimile. Section 2. It is the responsibility of the Union to furnish the County with a mailing address for the Union, and to advise the County of any address change. 4 '-' "" f ' ARTICLE 4 ALCOHOL, DRUGS AND CONTROLLED SUBSTANCE EXAMINATION/TESTING PROCEDURES Section 1 The County reserves the right to require all job applicants and employees to be tested for the use of alcohol, drugs or controlled substances. Alcohol, drugs and/or controlled substances shall hereinafter be referred to as "drug" or "drugs". If state or federal law regulations requires random or other types of drug testing of any job applicant and/or employee in the bargaining unit, the County will begin testing of such job applicants and/or employees as soon as required and as provided by law. The County will provide a list to the Union of the job classifications identified for random testing. All testing will be done at facilities approved by the Florida Agency for Health Care Administration or the United States Food and Drug Administration. Section 2 The County reserves the right, at any time, to request any employee to take a drug test and/or physical examination based on reasonable suspicion. Reasonable suspicion is a belief that an employee is using or has used drugs in violation of County policy drawn from specific, objective, and articulate facts and reasonable inferences drawn from those facts. Among other things, such facts and inferences may be based upon: A. Observable phenomena while at work, such as a direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug or drugs. B. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. D, Evidence that an individual has tampered with a drug test during his employment with the County . E. Information that an employee has caused, contributed to, or been involved in an accident while at work. F. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on County premises or while operating County vehicle, machinery, or equipment. 5 '-' '-' I ' Section 3 The testing outlined for drugs in Section 1 and 2 of this Article will be administered in accordance with the following provisions: A. Any employee may be subject to an investigation which may include, but not be limited to, drug detection and testing, urinalysis, saliva testing, or any other medically recognized testing procedure. Prior to being tested, the employee will be given the opportunity to present any evidence of legal substances he has taken which may affect the accuracy of the test results. The employee may consult with his Union Steward before being tested, provided such consultation does not delay the testing for more than thirty (30) minutes. If the employee is ordered to be tested based upon reasonable suspicion or the County is advised of any positive test results, the County in its sole discretion, shall decide whether the employee should be returned to a limited duty capacity or relived of duty pending the results of the testing. If relieved of duty, the employee will be suspended without pay. If permitted to continue working pending the results of the testing, the employee shall not be permitted to operate any equipment or perform any function that could present a danger to the health, safety, or welfare of the public, co-workers, or the employee, and shall not be permitted to operate a motor vehicle. If the test results are negative for the presence of drugs, an employee who has been suspended will be paid for the time lost. B. Voluntary Rehabilitation: An employee who has not undergone rehabilitation for a substance abuse problem previously while employed by the County and/or has not been asked to be tested based on reasonable suspicion may be granted a leave of absence, without pay for up to thirty (30) days to seek rehabilitation. The County may approve up to a fifteen (15) day extension of this leave upon application by the employee. The employee may be entitled to use accrued vacation and/or sick leave if the employee so requests during this period. C, The decision to investigate and conduct drug testing shall be made by the County Administrator or his designee, who shall not be the employee I s direct supervisor. Should the employee refuse to cooperate with the investigation and/or drug test, the employee will be terminated. Should the investigation and/or drug test substantiate the influence, use, or presence of drugs, the following procedural steps will be followed: 1. The employee shall be subject to disciplinary action as provided in the Employee Handbook Code of Workplace Conduct. In addition, the employee will be requinrl to participate in and successfully complete a rehabilitation program under the Employee Assistance Program (" EAP"). Failure to participate in such rehabilitation program shall be grounds for termination. As an alternative to suspension, the 6 '-' ."" , ' employee may request an unpaid leave of absence for up to thirty (30) days to participate in and successfully complete a rehabilitation program. The County may approve up to a fifteen (15) day extension of this leave upon application by the employee. The employee shall be entitled to use accrued vacation and/or sick leave during such leave of absence, if he so elects, An employee who receives a positive confirmed test result may contest or explain the results to the County's designated medical review officer within five (5) working days after the employee receives written notification of the test result. If the employee I s explanation is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back the County and the employee shall have the right to contest the drug test result pursuant to rules adopted by the Florida Department of Labor and Employment Security. If the employee's explanation is acceptable to the medical review officer, the employee will be returned to work and will be paid for the time lost. The individual employee shall have the right to have his original specimen tested by a Florida Health Care Administration or United States Food and Drug Administration approved laboratory of his choice in rebuttal to the initial test, and present such test results to the County. This test will be accomplished at the sole expense of the employee. If there is a conflict between the first and second test, tœ County shall have the right to request a third test of the original specimen by an approved laboratory of the County's choice. If this final (third) test reverses the County's original finding, the employee will be reimbursed for the second test and paid for the time lost. This retesting, which is available at an employee's option, does not take the place of the testing procedures outlined in paragraphs C2 and C3 of this section. However, the employee may also exercise this retesting option when given the tests outlined in paragraphs C2 and C3 of this section. 2. Prior to returning to work following a suspension or leave of absence described in paragraphs Band Cl of this section, the employee will be given a drug test. If the drug test is positive, the employee will be discharged. However, at the sole discretion of the County, an employee may be allowed to return to work temporarily before completing his rehabilitation program. An employee returning to work under such circumstances shall not be permitted to operate any equipment or perform any function that could present a danger to the health, safety, or welfare of the public, co-workers, or the employee, and shall not be permitted to operate a motor vehic.e, Further an employee returning to work before completing his rehabilitation program will be given a drug test on a day and time of the County's choosing, between the 7 \w' ....; . . ' 31 st day and the 45th day after the first specimen was taken. If the drug test is positive, the employee will be discharged, 3. As a condition of returning to work following the leave described in paragraphs B and Cl of this section, the employee must submit to periodic drug testing no more than once a quarter during the following two (2) year period upon the demand of the County and without prior notice to the employee. Having had the benefit of paragraphs Band Cl of this section, an employee who fails a drug test at anytime in the future will be discharged (Second Offense). Section 4. The sick leave, vacation and leave of absence without pay referred to in this Article shall be taken in accordance with the provisions of this Agreement. Section 5. If the County fmds that the employee's use or possession of any drug has detrimentally affected its interest the employee may be discharged rather than being afforded the opportunities of rehabilitation. This Article does not prevent the County from disciplining an employee for any violation of the County's Code of Personal Conduct, Departmental Rules and Regulations, or other provisions of this Agreement or the Employee Handbook that may occur regardless of whether it is in connection with the use or abuse of controlled drugs or substances. Section 6. Upon request, an employee shall receive a copy of the laboratory report(s) received by the County. 8 '-' ...,J . , ' ARTICLE 5 SAFETY Section 1. All employees and the County shall be responsible for following the provisions of the Employee Safety Manual. The County shall provide all employees with a copy of the Employee Safety Manual. The County shall continue to have the right to unilaterally establish adopt, change amend, withdraw, and enforce the Employee Safety Manual, so long as such actions do not result in a conflict with the specific terms and conditions of this Agreement. The County will post all change:; to the Employee Safety Manual in all work areas. Except in the case of an emergency, such changes will be posted on the County bulletin boards at least five (5) working days before the effective date of the change. Failure to follow prescribed safety procedures may result in disciplinary action. Section 2. A. The County and the Union agree that it is in the best interest of the County and the employee to report accidents as soon as possible, no matter if minor in character. Failure to do so may result in complications of the illness or injury and delay recovery for the employee. Therefore, employees are required to immediately report to their superviSJr any accident or injury incurred on the job and/or any work related illness unless physically unable to do so. Failure to so report a job related illness or injury may result in disciplinary action. An employee may also be requested to fIle a written report regarding a job related illness or injury. B. Unless an emergency exists, an employee must receive authorization from his supervisor prior to receiving medical treatment. The County reserves the right to designate specific doctors, clinics, and hospitals, that will be exclusively authorized to treat employees' on the job injuries and illnesses. An employee wishing to be treated by his own physician must receive prior written approval from his supervisor. C. In the case of all vehicular accidents on a public right of way, the employee shall immediately call 911, advise the operator that he is a County employee, and ask the 911 operator to call and notify his supervisor, who shall immediately notify the Risk Manager, and the County's Public Safety Department of tœ accident. The employee shall notify his supervisor immediately of all vehicular accidents on County property. 9 '-' .....,; , ' Section 3. The County provides safety equipment and devises for employees engaged in work where such special equipment is deemed by the County to be necessary. Such equipment, where provided, must be used. Failure by an employee to utilize provided equipment shall be cause for disciplinary action. Section 4. The Employee Safety Manual provides for a Safety Committee the size and composition of which shall be determined by the County Administrator. Bargaining unit representation on the County's Safety Committee shall consist of three (3) employees from the bargaining unit. The Union shall furnish the County Administrator the names of three (3) employees chosen by the bargaining unit. The County Administrator shall appoint these three bargaining unit employees to the Safety Committee, except he may reject an appointment for good cause. The votes of the individual bargaining unit representatives will be given the same weight as any other individual member of the Safety Committee. Any decision or recommendation of the Safety Committee will be considered by the County Administrator or his designee but will not be binding on the County. 10 ~ -......I . ' ARTICLE 6 NO CONCURRENT EMPLOYMENT Section 1 During working hours, the employee is to concern himself strictly with the business of the County and the duties of his position. At no time during working hours shall the employee perfonn any services or make or receive any telephone calls on behalf of any employment, that are not a part of the employee's job responsibilities with the County. Section 2 An employee shall notify his supervisor of any other employment in order for the County to detennine that no conflict of interest exists with regard to such employment and the employee's duties with the County. 11 '-" '...I . . ' ARTICLE 7 ATTENDANCE Section 1. All employees are expected to report for duty at the scheduled time. If an employee is unable to work for any reason, he must notify the department as indicated by written departmental policies which are posted or otherwise distributed to employees. Departmental policies shall be guided by procedures described in the Employee Handbook unless circumstances of the department warrant deviation. Employees in a department without a separate attendance policy shall be required to notify the department that they will be absent within thirty (30) minutes after their scheduled start time. Insufficient notice may constitute leave without pay. Section 2. Unauthorized absenteeism or lateness may be cause for disciplinary action in accordance with the Employee Handbook. 12 '-"' '..J . . ' ARTICLE 8 OVERTIME Section 1. Employees shall be required to work overtime when requested unless excused by supervisors. Employees working in those classifications which are overtime eligible classifications and not exempt under the Fair Labor Standards Act will be paid overtime at the rate of time and one-half their regular base rate of pay for all time actually worked in excess offorty (40) hours per work week. If there are any changes during the term of this Agreement in the Fair Labor S:andards Act with regard to overtime provisions which affect public sector employees, the parties shall consider this paragraph immediately open for negotiations and shall immediately meet for such negotiations. Section 2. The County will seek volunteers consistent with equitable distribution of overtime within a work area, classification, shift and consistent with skill and ability. In the event sufficient volunteers are not available, qualified employees shall be assigned to overtime work ina manner consistent with the equitable distribution of assignments. 13 '-' ~ . I J . t ARTICLE 9 HOURS OF WORK Section 1. The workweek shall consist of a consecutive seven (7) day period. The work day shall consist of a twenty-four (24) hour period beginning at 12:00 midnight. Regularly scheduled working hours and days off of employees covered by this Agreement shall not be indiscriminately changed by the County. Changes in the schedules for full-time employees shan be made by reason of operational necessity and/or efficiency, or in the event of an emergency. Changes in the schedules for full-time employees require at least five (5) working days notice to the affected employees except in the case of an emergency. The County may adjust schedules for part-time employees without prior notice due to inclement weather, operational necessity and/or emergency. Except as provided herein, an employee's regular work schedule shall contain two (2) consecutive days off. An employee may request that his regularly scheduled days off be non- consecutive. Such request shall be subject to the prior approval of the employee's supervisor based upon the operational and scheduling needs of the department. Such approval shall not be unreasonably withheld. Section 2. Lunch, and if provided, break periods will be scheduled by the Department Head/Designee. Whenever consistent with efficient operation, such lunch period shall be scheduled by the Department Head/Designee to fall approximately at the mid-point of the employee's work day, Whenever consistent with efficient operation, such break shall be scheduled by the Department Head/Designee within the approximate mid-point of both the first and the last half of the employee's work day. However, nothing herein should be construed as preventing the County from providing staggered lunch and break times or requiring the County to provide any or the sarre lunch and break time for employees. 14 \w' '-' l' ARTICLE 10 EMERGENCY STANDBY DUTY Section 1. In order to provide coverage for services during off-dutyhours, it may be necessary to assign and schedule certain employees to emergency standby duty. An emergency standby duty assignment is made by a Department Head/Designee who requires an employee to be available for work on off- duty time which may include nights, weekends and/or holidays. Section 2. Emergency standby time is defined as that period of time during whi;h an employee is required to be readily available for emergency call out. When assigned to emergency standby duty, the employee's activities are restricted to the extent that he may be readily contacted by telephone or pocket pager. Section 3. The Department Head/Designee will determine when it is necessary to place employees in an emergency standby status, The department will seek volunteers consistent with equitable distribution of emergency standby time within a work area, classification, shift and cOŒistent with skill and ability. In the event sufficient volunteers are net available, qualified employees shall be assigned to emergency standby work in a manner consistent with equitable distribution of assignments. Section 4. Employees assigned to emergency standby shall be compensated as follows: A, One hour token pay will be paid per 24-hour period. This is paid regardless if the employæ is or is not called into work. This token pay will be based upon the employee's regular rae of pay, B. Except as provided below if an employee is called out, he will be paid a minimum of2 hours per 24 hour period provided the time worked does not immediately precede or extern the employee I s regularly assigned work shift. This 2 hour minimum payment will apply only to the first call-out, and the actual time worked will be paid for subsequent call-outs in the same 24-hour period based upon his regular rate cf payor his overtime rate of pay, as appropriate, 15 '-' ....." . , ' C. If an employee is called out during a week in which there is a County holiday, the employæ will be paid a minimum of 2 hours per 24 hour period or 1 1/2 times his regular rate of pay for the time worked on the call-out, whichever is greater. This 2 hour minimum payment will apply OIùy to the first call-out during the 24 hour period, and subsequent call-outs in the same 24 hour period will be paid at 1 1/2 time his regular rate of pay for the actual time worked. Section 5. Except as provided above for weeks with a holiday, overtime compensation of 1 1/2 times the bare hourly rate of pay will be paid for hours actually worked in excess of 40 hours per work week to employees who are non-exempt employees under the Fair Labor Standards Act. If there are any changes during the tenn of this Agreement in the Fair Labor Standards Act in regard to overtime provisions, the parties shall consider this section immediately open for negotiations and shall immediately meet for purposes of computing overtime pay. However, for the purposes of computing overtime, the one hour token pay will count as one hour worked even if no work is performed. Section 6. All emergency standby employees will be provided with pocket pager and County vehicle for possible use. If the employees does not report to work in a timely fashion, not to exceed 30 minutes, in response to a call for assistance, all emergency standby compensation may be forfeited, and disciplinary action may be enforced, 16 '-' ~ . , ' ARTICLE 11 ON CALL STATUS Section 1. It is recognized and agreed by both parties that the nature of the operation of the G)Unty sometime requires that employees be available to be called back to work at a time other than their regularly scheduled hours of work, including nights, weekends or holidays. Section 2. The Department Head will determine when it is necessary to place employees in an on call status. The department will seek volunteers whenever possible consistent with equitable distribution of on call time within a work area, classification, shift, and consistent with skill and ability. In the even sufficient volunteers are not available, qualified employees shall be assigned on call work in a manner consistent with equitable distribution of assignments. Section 3. Employees on the on call list will provide the County with a contact telephone number and will be responsible for keeping the County advised of any changes. Employees on the on call list have complete freedom of activity in the off duty hours until assigned to work and are not considered on "emergency standby" duty. Section 4. Employees placed on the on call list who are called back to work shall be compensated as follows: A. Except during a week in which there is a County holiday, an employee who is called back to work shall be compensated for the amount of time actually worked or 2 hours, whichever is greater, provided such work does not immediately precede or extend the employee's regularly assigned work shift. The 2 hour minimum payment will apply only to the first call-out during the 24 hour period, and subsequent call-outs in the same 24 hour period wil be paid based upon actual time worked at his regular rate of payor his overtime rate of pay, as appropriate. B. If an employee is called back to work during a week in which there is a County holiday, t:œ employee will be paid a minimum of 2 hours per 24 hour period or 1 1/2 times his regular rate of pay for the time worked on the call-out, whichever is greater. The 2 hour minimum payment will apply only to the first call-out during the 24 hour period, and subsequent call- 17 '-' ~ . , ' outs in the same 24 hour period will be paid at 1 1/2 time his regular rate of pay for the actual time worked, Section 5. On call time away from work shall not count as hours "worked" for the purpose of computing overtime pay. Section 6. This article is not intended to override or interfere in any manner with any work assignment made in accordance with emergency manuals, for example, hurricane preparedness non-military radiological manuals and assignments made in accordance with a state of emergency declared by an appropriate official. 18 ~ .."" . . ' ARTICLE 12 EV ALVA TION PERIOD Section 1. The evalution or "working test" period is an integral part of the hiring and promotion process It is utilized to closely observe the new employee'swork, to secure the most effective adjustment of a new employee to the position, and to reject any employee whose performance does not meet the required standards. Section 2. Except as otherwise provided in Articles 13, 14 and 15 of this Agreement, the evaluation period shall extend a minimum of six (6) months from the employee's first day of work with the County or in the position to which he has been promoted. An employee will receive a minimum of three (3) written evaluations during this six (6) month period. The County may extend an employee's evaluation period one time beyond the end of the minimum evaluation period for a period not to exceed thirty (30) calendar days upon approval of the County Administrator/designee. Further, the evaluation period will be extended by the number of days an employee is absent whether paid or unpaid during the evaluation period. When the employee has successfully completed the evaluation period, and any extension, he shall be placed on regular status. Section 3. Regular status denotes final appointment in a specific County position and classification following successful completion of the evaluation period, and any extension thereof. Section 4. A newly hired employee who does not successfully complete his evaluation period is not entitled to the Grievance/ ArbitrationProcedures or payments of sick leave or vacation leave at the time of termination. Section S. If an employee who is serving an evaluation period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status he held immediately prior to the promotion. If the employee is returned to this former position, his wages will be the same amount he would have been paid if he had not been promoted, including any increases which he would have achieved 19 '-' .,."", . , ' . during the period he held the higher position. If the employee I s former position is filled, the employee may be transferred to a vacant position, for which he qualifies, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee is qualified, he will be placed in a layoff status with recall rights pursuant to Article 14 of this Agreement. 20 '-'" ...",¡ . , ' , ARTICLE 13 SEPARATIONS Section 1. Date of Separation The effective date of separation shall be the last day on which the employee is present for duty unless otherwise specified herein. Section 2. Resignation A. Resignation is defined as an action whereby an employee voluntarily leaves County employment with or without giving notice. B. An employee wishing to leave County employment in good standing shall file with the County a written resignation, stating the date and reasons for leaving. Such notice must be given at least two (2) weeks prior to the date of separation. Failure to comply with this courtesy may be cause for denying such employee reemployment with the County. Section 3. Retirement A. Retirement is defined as a voluntary or involuntary procedure whereby an employee separates from County employment for reasons of length of service or disability. B. Retirement regulations and benefits shall conform with the provisions of the Florida Retirement System in effect upon the effective date of the employee I s retirement, Section 4. Death Termination shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as determined by law or by executed form in the employee's Personnel Division file. Section 5. Reduction in Force (Lay-of 0 A. If a layoff occurs, all employees serving an evaluation period will be laid off first by job classification. The only exception would be if an employee in an evaluation period has a particularly skill required to perform duties and no one else employed by the County is qualified to perform such duties in the opinion of the County. 21 · _~'W -...... '-' 'wi '" , ~ B. In determining the order of layoff of employees other than employees in their probationary period, the following criteria will be weighted equally: (a) ability, (b) skill, (c) attendance record for preceding twelve (12) month period, (d) evaluations, (e) any documented counseling or disciplinary actions in preceding twelve (12) month period, and (t) seniority, If the employee has the ability, skills and desire to reclassify to a lower paying position within his division, he may replace the least senior employee in the lower position provided he has more seniority than the employee he is replacing. The employee's rate of pay will remain the same if his wage is within the range of the lower position. If the employee's rate of pay exceeds the maximum of the lower position, the employee will receive the top of tœ range for the new classification. An employee who reclassifies to a lower posiion will not be subject to the provisions of Article 12. If an employee returns to his former job classification within one year from the effective date of his reclassification to a different position, he will not be subject to the provisions of Article 12. C. If a laid-off employee is transferred from one department to another where a vacancy exists and is required to take a reduction in pay, that employee will have the option of receiving his vacation pay prior to being transferred at the previous higher rate of pay. If the employee chooses not to take vacation pay before the transfer, he will be paid vacation leave at his current rate of pay when he chooses to take vacation. If a full-time employee is laid-off, he will be compensated for his vacation in full and receive sick leave accrued not to exceed eighty (80) hours unless the employee has ten years of continuoU5 service for which he would receive up to sixty (60) days of accrued sick leave. Part-time employees who are laid off will receive their vacation and sick leave pro-rated based on an average two week work period. D. Recognizing the hardship a layoff creates for an employee, the County will continue to pay its share of health insurance premiums for one full month after layoff for t:œ employee and family coverage. E. Seniority is defined as the employee's last date of hire with the CouIty with deductions for absences of sixty (60) working days. If employees have the same seniority date, their relative seniority dates shall be determined by the last four digits of the employee's social security number, the lowest number being the most senior. Section 6. Dismissal or Discharge A. A discharge is the involuntary separation of an employee from County employment. Employees discharged for disciplinary reasons shall not generally be eligible for reemployment and shall lose all seniority and reinstatement privileges. B. A discharged employee will be allowed to discuss the discharge with the Union Steward 22 ~ '-tI tl"\ before he is required to leave the property of the County, unless his presence creates an unsafe situation. C. The County will notify the Union Steward upon the discharge of an employee in the bargaining unit, but failure to give such notice shall not affect the validity of the discharge. D. Discipline or discharge of employees in an evaluation period shall not be subject to the grievance or arbitration procedures. Section 7. Return of Property and Financial Obligations A. At the time of separation and prior to receiving final monies due, all records, books, assets, uniforms, keys, tools, and other items of County property in the employee's custody shall be returned to the department. Certification to this effect shall be made by the employee's supervisor. Any monies due because of shortages shall be deducted from the fmal pay check due or shall be collected through appropriate action. B. Any outstanding debts incurred by an employee, such as shortages in leave accounts, deductions for the loss or abuse of County property or other financial obligations which are due the County shall be deducted from the employee's final pay check and/or termination leave pay. 23 '-" ....., , J~. ARTICLE 14 RECALL AFTER LAY-OFF Section 1. A laid off employee is eligible to remain in a recall status for one (1) full year from the date of lay- off. The County I s obligation under this provision will continue for one (1) full year from the date of lay-off. A person recalled within the year will not lose his seniority, but the amount of time he is laid off will not be credited to him for seniority, retirement and benefit purposes. Section 2. When the County decides to increase the work force, laid off employee will be called back in their order of layoff by classification, e.g., last out, first in, providing the employee can still meet the minimum job requirements as stated in the job description and pass a physical examination including a drug test. An employee who is recalled within ninety (90) days of the date of his lay off will not be required to take a physical examination and/or drug test unless the County has specific information that makes such examination and/or test appropriate in its opinion. The employee must notify the Personnel Department at time of layoff whether he desires to be recalled to the job classification which he held at the time of hy off or to any available position for which he is qualified. Section 3. Notice to a laid off employee regarding the County's intention to recall him shall be sent by certified mail to his last known address and by documented telephone call to his last known telephone number as shown in his Personnel File. If an employee so notified does not apply in the Personnel Department or give notice of his intention in writing to do so within five (5) working days of receipt of the notice, it shall be assumed that he has resigned and all rights accrued previously shall be forfeited. If an employee refuses in writing to accept the job offered because it is a lower paying position than previously held, he shall not lose rights for future recall during the one (1) year of eligibility. Section 4. An employee will not forfeit his recall rights to his former position under his Article if he accepts recall to a lower paying position or to a temporary position of less than ninety (90) days duration. 24 '-'" """ . . j Section 5. An employee who is recalled to his fonner position within the (1) year recall period will be paid at his rate of pay at the time of the layoff and will not be subject to the provisions of Article 12. If an employee is recalled to a lower job classification than the one he held at the time of layoff within the one (1) year recall period, he will be paid at his previous rate of pay if it is within the pay range for the new position and will serve an evaluation period as set forth in Article 12. An employee recalled to a lower job classification will not be entitled to a pay increase upon satisfactory completion of the evaluation period, however, his new anniversary date will be the date he began work in the new position. o 25 ~ ,....., i J ARTICLE 15 TRANSFERS Section 1. An employee may be transferred from a classification in one department to the same or equivalent classification in another department provided the transfer is to the advantage of the County and/or results in a better utilization of the education, experience or interests of the employee. No ttansfer may be made without the approval of the two (2) Department Heads involved, knowledge of the employee involved, and prior approval by the County Administrator. The provisions of the paragraph shall not be administered as a means to discipline employees. Section 2. Department transfers shall be made as follows: A. An employee may be transferred to another department with the same job classification and such transfer will not change the employee's pay grade, rate of pay, anniversary date or classification date. An employee who transfers to another department for a promotion or lateral move at his request must remain in that department for a minimum of nine (9) months before applying for a promotion or lateral move to another department. This section shall not be interpreted to prevent an employee from applying for a promotion or lateral move within the department during this nine (9) month period, B. An employee transferred at his own request shall serve a minimum of six (6) months evaluation period in the new department, provided, however, that such employee shall not be entitled to a pay increase at the conclusion of the evaluatim period, If, during the evaluation period, the employee is found to be unsuited for or unqualified in the new department, the employee may return to his previous position, sub~ct to the approval of the Department Head, if a vacancy exists. If his former position is filled, a good faith effort will be made to place the employee in a comparable position. If a vacancy does not exist, the employee will be placed in lay-off status with recall rights pursuant to Article 14, Recall After Lay-off. Section 3. The County Administrator may grant an employee I s request to transfer to a lower paid job classification, provided the transfer is to the advantage of the County and/or results in better utilization of the education, experience, or interests of the employee. An employee so transferred 26 '-" '...I shall be paid at his rate of pay at the time of his transfer if it is within the pay range for the lower paid classification. If the employee I s rate of the pay at the time of his transfer exceeds the highest rate of pay for the lower-paid classification, he will be paid at the top rate of pay for the lower pad position. An employee transferred to a lower paid classification at his own request shall serve a minimum of six (6) months evaluation period in the classification, provided, however, that such employees shall not be entitled to a pay increase at the conclusion of the evaluation period. An employee who is transferred to a lower paid position shall not be permitted to apply for a promotim to his former classification for a period of one (1) year following the effective date of his transfer to the lower paid classification. 27 '-'" ..""", ARTICLE 16 PROMOTIONS Section 1. For the purposes of this Agreement, a promotion shall be defmed as reclassification to a different position with a higher pay grade. Section 2. In filling all vacancies in the bargaining unit, the County shall consider all of the following factors: A. Ability to perform all essential duties in the classification. B. Ability to meet reasonable performance standards for quality and quantity of work. C. Length of continuous service with the County. D. Overall work record with the County, excluding the following: (1) Written reprimands (without a suspension) which occurred more than three (3) years prior to the date of application for the promotion if the employee has not received any additional discipline for a period of two (2) years prior to the date of such application. (2) Suspensions which occurred more than five (5) years prior to the date of application for the promotion if the employee has not received any additional discipline for a period of three (3) years prior to the date of such application. E. Prior formal education, apprenticeship programs, specialized training schools, military assignment, job experience prior to being employed by the County, and any other relevant qualification the individual may possess. Section 3. The parties agree that an employee's continuous service with the County is an important factor when determining qualifications for filling vacancies. 28 '-' ....J Section 4. Employees within the department where the vacancy exists shall be given first consideration subject to their qualifications being equal to other bidders. Section 5. Promotional vacancies will be posted in all departments for at least five (5) working days. Section 6. A promoted employee will serve a six (6) month evaluation period, Section 8. The County agrees to post management vacancies and will give bargaining unit employees consideration in filling such vacancies. Section 7. Upon promotion, an employee will receive the minimum pay rate for his new position or a five percent (5 %) increase of his pay rate at the time of his promotion, whichever is greater. Upon satisfactory completion of the evaluation period, the employee will be eligible for a five percent (5 %) pay increase, subject to the recommendation of the Department Head and approval of the County Administrator, Section 8. An employee who transfers to another department for a promotion or a lateral move at his request must remain in that department for a minimum of nine (9) months before applying for a pranotion or lateral move to another department. This section shall not be interpreted to prevent an employee from applying for a promotion within the department during this nine (9) month period. 29 ~ .~ ARTICLE 17 TEMPORARY ASSIGNMENTS Section 1. The County shall not be prevented from temporarily assigning or appointing any employee to perform work which would normally be done by an employee in another classification, when, in the discretion of the County, such assignment or appointment is necessary. Section 2. An employee temporarily assigned to perform work outside his normal classification shall suffer no loss of pay should said temporary assignment be to a lower classification. Section 3. An employee who is temporarily assigned to a position in a higher classification shall be paid his regular rate of pay for the first twelve (12) consecutive calendar days. If such assignment continues beyond twelve (12) consecutive calendar days, he shall receive five percent (5 %) above his regula- rate of payor the minimum of the higher classification, whichever is greater. In the event that the County has been notified by the employee whose position is being temporarily being filled that his absence will extend beyond twelve (12) consecutive calendar days prior to the first date of such absence or as soon thereafter as possible in the event of illness or emergency, the County shall pay the employee temporarily assigned to fill the position at the minimum of the higher classification or five percent (5 %) above his regular rate of pay, whichever is greater, beginning on the first day of the temporary assignment. If the temporary assignment extends beyond twelve (12) consecutive calendar days, the County shall pay the employee receiving the temporary assignment at such higher rate of pay retroactively for the first twelve (12) consecutive calendar days of the tempora¡y assignment. This section shall not apply where the distinction in classification is based primarily on experience or years of service. 30 -- ~ '-" ..""" ARTICLE 18 INSURANCE Section 1. For the period October 1, 1999 through and including September 30, 2000, regular full time bargaining unit will participate in the same health insurance program and coverage, including the same rates of employee contribution, as provided by the Board of County Commissioners to its non-bargaining unit employees. The health insurance program shall include optional dental, prescription care and vision plans. The health insurance program shall be unchanged from the 1998-99 fiscal year. Section 2. Regular full time bargaining unit employees will continue to be eligible to participate in the County's short term and long term disability program. Section 3. Regular full time bargaining unit employees will continue to be eligible to participate in the County's life insurance program. Section 4. Regular full time bargaining unit employees will continue to be eligible to participate in the County's employee assistance program (EAP). Section 5. Except as otherwise provided in this Agreement, the insurance coverage listed above shall be discontinued on the date the employee's services are terminated, the day he quits or retires, or the day he goes on any leave of absence other than Family Medical Leave Act leave, or is laid off, provided that, subject to the approval of the insurance carrier, said coverage will continue for that period for which the County has prepaid the premium for such employee. 31 '-' ..., Section 6. Eligibility, coverage and benefits under the above insurance plans are subject to the terms and conditions, including but not limited to any waiting period or other time limits, contained in the contracts between the County and the carrier. Any rebates or refunds of premiums paid by the County shall accrue to the County. With reference to the insurance set forth above, the County will continue to have the right to select carriers, to change carriers, and to be self-insured. It is further agreed that the only liability assumed by the County under this article is to pay the premiums agreed upon. Any claim settlement between an employee and the insurance carrier shall not be subject to the grievance procedure. 32 ~ ......, , . ARTICLE 19 LEAVES OF ABSENCE Section 1. Court Leave A. Employees attending court as a witness when instructed or ordered to attend by the County Administrator or his designee for County business, shall receive pay at their regular rate for the hours they attend court. This time is charged as leave with pay and such time will considered as time worked for purpose of computing overtime. B. Employees on jury duty shall receive pay at their regular rate for such time spent during their normal working hours. This time will be charged as leave with pay; however, such time will not be considered as hours worked for overtime purposes. C. Those employees who become plaintiffs or defendants in personal litigation or æ witnesses in litigation other than that covered in Paragraph A of this Section are not eligible Dr court leave with pay. In such cases, vacation leave or leave without pay may be granted upon application by the employee and approval by the Department Head. Leave of absence without pay will follow the provisions of Section 4 of this Article. The County recognizes that employees who have been subpoenaed by the court must honor such subpoena. D. Employees on County paid leave who attend court for only a portion of a regularly scheduled work day are expected to report to their supervisor when excused or released by the court. E. Employees required to attend court as stated in Paragraph A of this Section, who are on scheduled vacation will either, at the employee's option and with the Department Head's approval, 1) extend their vacation equal to such time spent attending court on behalf of an instruction or order by the County, or 2) reschedule such time in accordance with the vacation policy and Article 23, Vacation Leave. F. All court attendance must be verified before an employee is compensated. Monies received from court appearances shall be turned over to the County, except for travel pay and meal allowance. Section 2. Military Leave An employee may request military leave to serve on active duty in an emergency or on required annual duty, and shall be compensated in accordance with State law, provided: 33 --.-.. - - '-" "'" . , A. The employee provides his supervisor with one (1) month's notice in advance, where possible, and copies of orders to active duty. B. Military leave shall not affect an employee's right to vacation or sick leave. Section 3. Leaves under the Family and Medical Leave Act of 1993 (FMLA) The FMLA establishes the rights of eligible employees to a leave of absence for 1.p to twelve (12) weeks in a twelve (12) month period from their employment for birth, adoption, the care of a family member's serious health condition, or the employee's own serious health condition. It also provides for the continuation of health insurance benefits while on leave and the return of the employee to the same or an equivalent position at the end of the leave. The parties state that it is their intention to follow and comply with the FMLA in granting leaves where applicable. Where applicable, an employee's workman's compensation leave will be counted in determining the total amount of FMLA leave used by an employee in a twelve (12) month period. Section 4. Leave Without Pay A. The decision to grant a leave without pay (lease of absence) is a matter of administrative discretion, and may only be approved by the County Administrator or his designee. Leaves without pay must be requested by the employee at least two (2) weeks prior to the leave, unless circumstances satisfactory to the County Administrator/designee render advance request impossible, All leave without pay requests must be in writing, and indicate a beginning and an ending date. No leave without pay shall extend beyond ninety (90) days. However, all approved leaves of absence shall be granted in increments of thirty (30) days or less. Extensions may be granted if requested at least seven (7) days prior to the expiration of the leave, and approved by the County Administrator or his designee. B. The following provisions apply to leave without pay status: 1, An employee granted a leave of absence must keep the department informed of his current activity (school, medical, military, etc,) each time a request for extension of the leave is made. In addition, the employee must keep the department advised of his current address at all times. Failure to comply with these provisions shall result in the employee being dropped from leave of absence status, in which case œ must return to duty or be discharged. 2. An employee who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence, may be discharged unless specific approval by 34 ~ - '-' ......, I I the County Administrator/designee is received in advance. 3. An employee granted a leave of absence shall contact the Department Head/designee at least two (2) weeks prior to the expiration of the leave in order to facilitate the reinstatement process. 4. Failure to return to work at the expiration of the leave shall be considered a resignation. 5. No sick leave or vacation shall be accrued by an employee while he is on leave without pay. 6. An effort will be made to return the employee to the position and status held immediately prior to his leave of absence. If the employee's fonner position is filled, he may be transferred to a position for which he qualifies, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee qualifies, he will be placed in a layoff status with recall rights pursuant to Article 14, Recall After Lay-Off. 7. The employee will be responsible for the entire cost of his insurance premium whie on leave without pay. C. Time spent on leave of absence shall not constitute a break in service. However, the time shall not be credited toward retirement, vacation, sick leave, or toward satisfying the evaluation period. Section 5. Worker's Compensation Leave Payment of worker's compensation to employees who are disabled because of an injury arising out of and in the course of perfonning their duties with the County shall be governed by the Florida worker's compensation law. A. Full wages will be paid for the day of the on-duty injury if disability results, or forthat part of the day spent receiving medical treatment. B. An employee who has experienced a disability under Florida's worker's compensation law resulting from a compensable injury may request the Department Director to approve the use of accrued sick or vacation leave, which together with the payment of worker's compensation, shall provide the employee with a salary equivalent to no more than his nonnal schedule at his straight time rate of pay. The amount of such accrued leave grantw to an employee shall be based upon an employee receiving worker's compensation monies 35 - \w' ...., , . from the first day of disability. C. Compensation for the disability will be made in accordance with the Florida worker's compensation law, D An employee on worker's compensation leave shall report to the County Administrator/designee within the first week of every month regarding his health status and prognosis for recovery, unless otherwise directed by the County Administrator/designee. E. An employee on worker's compensation leave shall make himself available for all doctor's appointments. Such an employee shall follow the doctor's orders and/or directions, and shall avoid any activity which may aggravate or exacerbate the illness or injury. F. An employee returning from a worker's compensation leave must present a medical releaæ from his physician certifying the employee's ability to return to work without restrictions or with restrictions acceptable to the County Administrator/designee. G. An employee who obtains part-time or full-time employment elsewhere while on a worker's compensation leave, may be discharged unless specific approval by the County Administrator is received in advance. H. An effort will be made to return the employee to the position and status held immediately prior to his leave of absence. If the employee's former position is filled, he may be transferred to a vacant position for which he qualified, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee qualifies, he will be placed in a lay-off status with recall rights pursuant to Artice 14, Recall After Lay-Off. I. Failure to return to work at the expiration of the leave will be considered as a resignation. J. As stated above in Section 3, an employee's worker's compensation leave, where applicable under the FMLA, shall be included in determining the total amount of FMLA leave used by an employee during a twelve (12) month period. Section 6. Funeral Leave In cases of the death of an employee's mother, father, foster parents, stepmother, stepfather, grandparents, great-grandparents, grandparents-in-Iaw, step grandparents, sister, brother, stepbrother, stepsister, wife, husband, son, daughter, stepchildren, foster children, grandchildren, mother-in-law, or father-in-law, the employee will be allowed a maximum of three (3) days paid leave to attend the funeral, at the rate of eight (8) hours per day, The employee will give his 36 - '-' ..,. supervisor and Department as much notice as pœsible prior to such leave. Funeral leave must be approved by the Department Head. Such approval shall not be unreasonably withheld. Section 7. Change in Employee's Health Status In order for the County to provide a safe and healthy work place, employees shall immediately inform the County of any possible change in physical or mental condition resulting from illness, injury, disability, or pregnancy. If, at any time, the County questions the ability of the employee to perform his job in a safe and satisfactory manner, the County may request that the employee submit to the County a statement by a physician of the County's choice that the employee is physically and mentally able to perform all of the duties that the job requires in a manner that does not interfere with the safety or health of the employee or any other person. If the physician does not so certify, then the County may place the employee on a leave of absence in accordance with the Sick Leave or Leave Without Pay Policy, 37 '-' "-'" ARTICLE 20 PAID SICK LEAVE Section 1. Full-time employees who have completed their evaluation period shall accrue eight (8) hours of sick leave for each month of service. Part-time employees who have completed their evaluation period shall accrue on pro-rata basis based upon the actual number of hours worked. A part-time employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall not be eligible for paid sick leave. There will be no maximum on the amount of sick leave an employee may accumulate. For overtime purposes, sick leave will not be considered as time worked. Section 2. Sick leave shall be considered a privilege which will be allowed only in cases of personal illness or disability, including pregnancy, scheduled doctor or dentist appointments, or in the case of illness within the immediate family. Except where permissible under the Family Medical Leave Act, no more than a total of five (5) working days may be taken in one fiscal year because of illness within the immediate family. Section 3. In order to be granted sick leave with pay, an employee must notify his department as indicated by written departmental policies which are posted or otherwise distributed to employees. Section 4. The County may require medical certification of an employee's absence signed by a physician stating the kind and nature of sickness or injury if such absence exceeds three (3) working days, or if the County feels that the employee has abused the provisions of this article. Use of sick lea\e when physically fit for duty may result in discharge of the employee. Section 5. When an employee's accumulated sick leave is not sufficient to cover an illness or injury, the employee shall use his vacation leave to help cover time needed for absence from work due to the illness or injury. 38 \wi .'wJI , ' Section 6. All employees eligible for paid sick leave shall be entitled to terminal "incentive pay" for accumulated and unused sick leave to be paid to each employee upon normal or regular retirement, or termination or resignation, other than termination for just cause, after ten (10) years of creditabe and continuous service with St. Lucie County, and to the beneficiary if service is terminated by death, after ten (10) years of creditable and contirnous service. The payment shall be determined by using the rate of pay received by the employee at the time of retirement, termination, resignation, or death provided, however, terminal pay allowable for unused sick leave shall not exceed a maximum of four hundred eighty hours (480) hours. This payment shall not be considered in any state retirement system as salary payments, and shall not be used in determining the average final compensation of any employee or any state administered retirement plan. Except for employees on Family Medical Leave, accrued sick leave shall not be used to determine the date of termination. Section 7. Pursuant to Section 1-2-16, St. Lucie County Code of Ordinances and Compiled Laws, any employee found guilty in a court of competent jurisdiction of committing, aiding, or abetting an embezzlement or theft from his employer, or of bribery in connection with employment, committed prior to retirement or ten (10) years normal creditable termination, whose employment is terminated by reason of his admitted committing, aiding, or abetting of an embezzlement or theft from the County or by reason of bribery or for cause, or who prior to a ten (10) year normal creditable termination or retirement, is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees shall forfeit all rights and benefits under this section. An employee whose employment terminates as a result of an act committed subject to this section or for cause will not be given credit for unused sick leave accumulated prior to termination should the employee be reemployed at a later date, 39 '-' '-'" ARTICLE 21 SICK LEAVE INCENTIVE Section 1. The employees covered by the Agreement and the Union recognize their obligation to prevent unnecessary absences or other abuses of sick leave privileges. As an incentive for not abusing the sick leave policy, employees may earn extra credit for a vacation in the following manner. Employees who have been employed by St. Lucie County for a minimum of two (2) consecutive years and have unused sick time available, will be entitled to extra paid vacation days as listed in the table below: 120 hours = one (1) extra vacation day 240 hours = two (2) extra vacation days 360 hours - three (3) extra vacation days 480 hours = four (4) extra vacation days 600 hours = five (5) extra vacation days 720 hours = six (6) extra vacation days 840 hours = seven (7) extra vacation days 960 hours = eight (8) extra vacation days 1080 hours = nine (9) extra vacation days 1200 hours = ten (10) extra vacation days Extra vacation days are limited to a maximum of ten (10) regardless of the amount of sick time tha: the employee may accumulate over 1200 hours. Section 2. As additional vacation days are taken, they will be deducted from the employee's sick leave accumulation. For the purpose of this Article, a vacation day is considered to be either eight (8) or ten (10) hours depending on the employee's normally scheduled work day, except for part-time employee who will have their time pro-rated. For the purposes of overtime, incentive vacation days will not be considered as time worked. Incentive vacation days must be taken in eight (8) hour or ten (10) hour increments depending on the employee's normally scheduled work day, except for part-time employees whose time will be pro-rated. Section 3. Employee eligibility will be calculated annually as of September 30th each year. Employees will be notified of all incentive vacation days for which they are eligible, Employees must takethis time 40 '-" ....., , . . during the following fiscal year ending September 30 or their extra vacation days will be forfeited Section 4. Subject to the approval of the Department Head and the County Administrator, employees may receive pay in lieu of a vacation day(s). Employee will receive eight (8) hours rf pay even if their nonnally scheduled workday exceeds eight (8) hours, except for part-time employee who will ha\e their pay pro-rated. The hours equal to the pay received will be deducted from the employee's accumulated sick leave. 41 - - v "'" , . t ~ ARTICLE 22 HOLIDAYS Section 1. The following holidays are observed by regular full time employees: New Years Day (January 1st) Martin Luther King, Jr. 's Birthday (3rd Monday in January) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (lst Monday in September) Veterans Day (November 11 th) Thanksgiving Day (4th Thursday in November) Friday after Thanksgiving Christmas Eve (December 24th) Christmas Day (December 25th) Floating Holiday Section 2. Holidays may be granted at the regular, straight time rate of pay to all eligible employees regularly scheduled to work such days, provided that an employee may be required to work on a holiday if necessary to maintain essential services to the public. The County Administrator shall determine when any department or operation will not be closed in observance of a holiday. Section 3. When a holiday falls on a Saturday, the preceding Friday will be designated as substitute holiday and observed as the official holiday for that year. When a holiday falls on a Sunday, the followirg 42 '-' '."",I , I ~ I Monday will be designated a substitute holiday and observed as the official holiday. Section 4. When a holiday is observed on a day on which an employee is normally scheduled to work, the employee will receive holiday pay for the number of hours the employee would have been normally scheduled to work that day; i.e. if the employee is regularly scheduled to work a ten (10) hour day, the employee will receive ten (10) hours of pay for the holiday; if the employee is regularly scheduled to work an eight (8) hour day, the employee will receive eight (8) hours of pay for the holiday. If the holiday is observed on a day on which the employee is not scheduled to work, the employee I s holiday will be counted as the first day he would normally be scheduled to work following the date the holiday is observed as indicated above; Le. if an employee normally works a four (4) day week, ten (10) hours a day schedule Wednesday through Saturday, and a holiday is observed on a Monday, the employee will receive Wednesday off with ten (10) hours pay. If the employee I s Department Head/Designee determines, however, that the needs of the department will not permit the employee to have a holiday off, a non-exempt full-time employee will be paid at a rate of one and one-half (1 lh) times his regular hourly rate for all time actually worked on an observed or substitute holiday. A part-time employee who is scheduled to work on a holiday will be paid at his regular rate of pay for all time actually worked on an observed or substìute holiday. A part-time employee who works on an observed or substitute holiday will be entitled to take another day off during that pay period as his holiday and will be paid his regular rate of pay for the number of hours the employee would have been normally scheduled to work that day. A part -tÌIre employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall not be eligible for paid holiday leave. Section 5. A. An employee must work or be on active pay status, on the regularly scheduled working day immediately prior to a holiday or designated substitute holiday and the regularly scheduled working day immediately following a holiday or designated substitute holiday in order to qualify for holiday pay. For purposes of this Agreement, active "pay status" shall refer to periods of time during which an employee is being paid for work performed or period of time during which an employee is being paid for approved leave time such as paid sick leave, paid vacation, paid court time, and while on paid military leave. B. For purposes of computing over-time payments, holidays shall not be counted as time worked. 43 ~ '-..,I > J j , Section 6. A. When a holiday falls on an employee's regularly scheduled workday during the employee's vacation period, that day will not be charged as a vacation day. B. When a holiday falls within a period of leave of absence without pay, the employee shall not be paid for the holiday. Section 7. As set forth above in Section 1, each eligible employee shall be entitled to one Floating Holiday per fiscal year (October 1 - September 30). A Floating Holiday shall be equal to an employee's regularly scheduled work day; i.e., the Floating Holiday for an employee who is regularly scheduled to work an eight (8)hour day will be eight (8) hours. Except in the event of an emergency, an employee must request his Floating Holiday at least seven (7) calendar days in advance. Approval of the request shall be subject to the department's operational needs. If an employee does not use his Floating Holiday prior to the end of the fiscal year, he may not carry it forward into the next fiscal year. 44 '-"' '.....,1 , ' ARTICLE 23 VACATION LEAVE Section 1. Eligibility and Rate of Accrual Eligible employees shall accrue vacation leave with pay as set forth in this Article. Vacation leave shall be earned on an hourly basis. A part-time employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall not be eligible for paid vacation leave. A. The basic vacation leave for all full-time employees with less than five (5) years continuous service shall be computed at the rate of ten (10) days [eighty (80) hours] per year. The basic vacation leave for all part-time employees with less than five (5) years continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked.. B. The basic vacation leave for all full-time employees with five (5) or more years of continuous service and less than (10) years of continuous service shall be computed at the rate of twelve (12) days [ninety-six (96) hours] days per year. The basic vacation leave for all part-time employees with five (5) or more years of continuous service and less than (10) years of continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked. C. The basic vacation leave for all full-time employees with ten (10) or more years of continuous service and less than fifteen (15) years of continuous service shall be computed at the rate of fifteen (15) days [one hundred twenty (120) hours] per year. The basic vacation leave for all part-time employees with ten (10) or more years of continuous service and less than fifteen (15) years of continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked. D. The basic vacation leave for all full-time employees with fifteen (15) or more years of continuous service and less than twenty (20) years of continuous service shall be computed at the rate of seventeen (17) days [one hundred thirty-six (136) hours] per year. The basic vacation leave for all part-time employees with fifteen (15) or more years of continuous service and less than twenty (20) years of continuous service shall be computed on a pro- rata basis based upon the actual number of hours worked. E. The basic vacation leave for all full-time employees with twenty (20) or more years of continuous service shall be computed at the rate of twenty (20) days [one hundred sixty (160) hours] per year. The basic vacation leave for all part-time employees with twenty (20) or more years of continuous service shall be computed on a pro-rata basis based upon the 45 - '-' ....,,¡ t , ' actual number of hours worked. Section 2. Charging Leave A. Vacation leave may be used as it is earned after completion of six (6) months of service or may be used within twenty-four (24) months from date earned. Any vacation leave not used within twenty-four (24) months from date earned will be considered forfeited and lost, except that when an employee has been denied use of leave because of the needs of the County, the County Administrator may extend the period during which the leave may be used. B. Vacation leave shall be charged in one hour minimum increments. C. F or purposes of determining overtime payments, vacation hours shall not be counted as time worked. D. Vacation pay will be at the employee's basic hourly rate of pay, E. Vacation leave shall be used for sick leave in the event accumulated sick leave is not sufficient to cover length of illness or injury. Section 3. Request for Leave A. Except in the event of an emergency or as provided above in Subsection 2.E, an employee shall request vacation leave a minimum of twenty-four (24) hours or a period equal to twice the amount of leave requested, whichever is greater, prior to the start of the leave. Vacation leave may be taken only after approval by the employee's Division Manager or his designee, In the event an employee must be absent due to an emergency, he shall notify his department, division office or supervisor, as set forth in the department's attendance policies, as soon as possible. B Vacation assignments will be made in accordance with the preference of the employee if and when, in the opinion of the employee's supervisor, service requirements will permit. If two (2) or more employees request the same vacation time, and the supervisor in his discretion cannot grant all requests, the request of the employee with the most County-wide seniority as defined in Article 13, Section 5.E. will be granted, provided he has made his request at least sixty (60) days in advance. Otherwise, the first request received will be granted. C. In the event an employee wishes to take more than his creditable vacation leave, the employee mayor may not at the discretion of the Department Head/designee, be granted extra leave without pay. 46 - - -- '-" '-" , ' , J Section 4. Payment for Unused Vacation Leave Employees who have completed six (6) months or more service shall, upon leaving the service in good standing, be paid for accrued vacation leave. Any accumulated vacation leave will be paid on the last regular check an employee receives, provided the Finance Department is informed of the termination in time to include it on the last regular check and the termination is not for misconduct. If the Finance Department does not receive the information in time and the termination is not for misconduct, payment for accumulated vacation leave will be made at the end of the next pay period. Vacation leave shall not be used to determine the date of termination. 47 '-" '..I , ' ARTICLE 24 DUES CHECK-OFF Section 1. Employees who wish to join the Union and have their dues deducted through the payroll system may authorize the County to make such deductions by using the Union's authorization form. This authorization shall remain in effect until such time as the County has received written notice of revocation of this authorization from the employee. Any employee who notifies the County that he wishes to revoke his dues deduction shall cease to be subject to dues deduction beginning thirty (30) days after the County's receipt of written notice of such revocation. The County's receipt of a written revocation of authorization from an employee shall be sufficient authorization to cease deductions and the County shall incur no liability to the Union in the event the Union does not receive its written notice from the employee. Employees wishing to revoke membership will be advised of the requirement to notify the Union. Section 2. The Union agrees to indemnify and hold the County harmless against any and all claims, suits, orders, or judgments brought or issued against the County as a result of any action taken by the County under the provisions of this Article, Section 3. No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll period, after other deductions, are less than the amount of dues to be checked off. Section 4. The Union will send an invoice to the County between the 15th and 20th of each month. The amount of dues owed will be the amount determined by using the Union's formula as calculated by the County's computation program. The County shall deduct the amount calculated from the first paycheck each month, unless the employee has revoked the authorization. The County shall forward the amounts withheld and a copy of the Union's invoice to the official and address designated by the Union within ten (10) working days of the deduction. 48 ~ "'" ARTICLE 25 UNION ACTIVITIES Section 1. The County recognizes the right of the Union to appoint or elect Stewards. The number of Stewards shall be no more than as follows: Airport Central Services Leisure Services Mosquito Control Public Safety Public Works 1 1 3 1 1 3 In addition, the Union may designate one of the above names positions as Chief Steward. The Union shall notify the County Administrator, in writing, of the names of the Chief Steward and Stewards and the areas they are representing at least three (3) days before they assume duty. If such notice has not been given, the County has no duty to recognize the Stewards. Section 2. Stewards shall not spend time on Union business during working hours. Except as provided in Section 6 of this Article, any time spent by the Stewards or employees, processing or participating in the grievance procedure shall be non-compensable. N otwithstandingthe above, when appropriate and in order to facilitate the scheduling of meetings with the County and resolution of grievances, the County Administrator, in his sole discretion, may grant time off with pay to a Steward to attend grievance meetings with the County. Section 3. Non-employee Union representatives shall be certified, in writing by the Union, to the County Administrator. A non-employee Union representative shall first make his presence known to the County Administrator, or his designee in the County Administrator's absence, at the County Administrator's office, upon entering County premises, and before entering any other County premises or office. No Union representative shall conduct any Union business on County property without receiving the permission of the County Administrator, and no Union representative shall contact any employee during the employee's working hours. In addition to the above, the Union representative shall comply with all applicable rules and regulations of the County concerning visitors. 49 '-' "" Section 4. The Union agrees that, during the term of this Agreement, its non-employee representatives and Stewards shall deal only with the County Administrator or his designee in matters subject to discussion in this Agreement. This does not prohibit a Steward from addressing the concerns of individual employees with a Supervisor or Department Head. However, no agreements reached with any member of management other than the County Administrator or his designee shall be binding on the County, Section 5. No Union member, agent or representative of the Union, or any person acting on the behalf of the Union may solicit County employees during the working hours of any employee who is involved in the solicitation, nor distribute literature during working hours in areas where the actual work of County employees is performed. 50 '-' '-' . I 1 , ARTICLE 26 GRIEVANCE PROCEDURE Section 1. A grievance is defined as an alleged violation of a specific provision of this Agreement or a belief by the employee that he has been unjustly disciplined or discharged in a manner inconsistent with the Code of Workplace Conduct for all County employees during the term of the Agreement. Such discipline or discharge notices shall be in writing. Section 2. This formal grievance procedure is not intended to foreclose or prevent an employee from informally discussing any matter with a supervisor. Such an informal discussion will not be classified as a grievance under this Article. The following procedure shall be followed in presenting a grievance to the County: Submission of Grievance. If an employee feels he has a grievance as defined above, he shall, within five (5) working days after the employee had knowledge, or reasonably should have had knowledge of its occurrence, present the grievance in writing to his Division Manager, Department Head, or the Personnel Coordinator/designee, or the grievance shall be considered waived. The written grievance shall name the employee involved, shall contain a complete and detailed statement of the facts giving rise to the grievance (including the date of occurrence and other employees involved), shall specifically identify all of the provisions of this Agreement alleged to be violated, and shall be signed and dated by the employee and a Union steward or Business Representative. Preliminary Meeting. Within five (5) working days from the date the written grievance is submitted, the employee shall request an informal meeting with his supervisor to discuss the subject of the grievance and attempt to resolve the matter. If the grievance does not contain a complete and detailed statement of facts as required herein, the County may request that the employee provide additional information with regard to the grievance prior to scheduling the preliminary meeting. In the event the matter is not resolved, the employee may request a Step One meeting as provided below in this Article. No grievance shall proceed to Step One without a preliminary meeting between the supervisor and the employee. Step One. Within ten (10) working days from the employee's request for a Step One meeting, the meeting will be held between the Department Head/designee, the grieving employee and if the employee requests, a Union Steward and/or the Union Business Representative. If the Union Business Representative intends to attend the Step One meeting, he shall notify the Personnel Coordinator at least forty-eight (48) hours in advance If the Personnel Coordinator and/or a 51 - '-' 'wi I I I representative of the County Attorney's Office intends to attend the Step One meeting, the Personnel Coordinator shall notify the Union Business Representative at least forty-eight (48) hours in advance, If necessary, the parties will reschedule the meeting to a date convenient to all parties desiring to attend. The County will submit the Department Head/designee's written answer to the Union Business Representative within ten (10) working days after date of the meeting. If the grievance is not satisfactorily adjusted or an answer is not given within the time limits, the Union or employee, if not represented by the Union, may submit the grievance for review under Step Two. Such notice shall be submitted to the Personnel Coordinator/designee. In discharge cases, the employee may skip Step One and initiate his grievance at Step Two, so long as he does so within five (5) working days after the discharge and follows the other requirements of Step Two. Step Two. If within five (5) working days after the service of the answer in Step One, the answer is not accepted by the grievant, the grievant may present the grievance to the County Administrator or his designee. If the grievance is not submitted for review under Step Two within the time limits stated above, it shall be considered settled and waived. Within ten (10) calendar days of the County's receipt of a request for review under Step Two, a meeting will be held between the grieving employee, the County Administrator/designee, a Union steward and the Union Business Representative. However, if the tenth calendar day is a Saturday, Sunday, or holiday observed by the County, the tenth day will be the next working day following the tenth calendar day. The County Administrator or his designee will submit the County's answer to the grievance to the Union Business Representative within ten (10) working days following the meeting. Section 3. The time limits set forth in this Article may be extended by the joint written consent of the County and the Union or the employee if he is representing himself. For computing working days in this Article, working days shall be defined as Monday through Friday excluding observed holidays. Section 4. Only individual grievances may be filed and the County need not consider group or multiple grievances. A class grievance, however, may be considered by the County and resolved as if one grievance. A class grievance shall be defined as a dispute which concerns two (2) or more employees within the bargaining unit arising out of the same set of facts and circumstances and alleging the same violation of a specific provision of this Agreement. Section 5. Any grievance not advanced to the next step by the grievant within the time limit in that step shall be deemed abandoned. If the County fails to meet the time limits established for conducting Step One meetings and providing grievance answers, without mutual agreement to extend such time limits, the 52 '-' '-' I \ grievance shall automatically advance to the next step in the grievance procedure. Section 6. The grievant shall be present at each step of the grievance procedure. The grievance procedure may be used by both Union members and non-members, however, the Union is not obligated to represent non-members. The grievant shall have the right to present his own grievance to the designated representative of the employer and to have such grievance adjusted without the intervention of the Union, so long as the adjustment is not inconsistent with the terms of the collective bargaining agreement and if the Union has been given reasonable opportunity to be present at any meeting called for the resolution of such grievance. The County shall submit the written response to both the grieving employee and the Union Business Representative. Section 7. A grievance which has been processed in accordance with the grievance procedure, but which has not been settled in Step Two, may be submitted to arbitration subject to the requirements of Article 27, Arbitration. Section 8 All discipline and discharge notices shall be filed in a grievance file maintained in the Personnel Department until the grievance has been resolved. A notice that there is a matter relating to the employee in a current grievance file may be placed in the employee's personnel file pending resolution of the grievance. If the grievance is resolved in favor of the employee, the notice of the pending grievance shall be transferred to the grievance file. If the discipline or discharge is upheld, the discipline or discharge notice shall be placed in the employee's personnel file. If a grievance is not filed within five (5) days after the date the employee receives the discipline or discharge notice, the notice shall be removed from the grievance file and placed in the employee's personnel file. 53 '-" ...., , I' ARTICLE 27 ARBITRATION Section 1. A grievance which has been processed in accordance with the grievance procedure, but which has not been settled in Step Two, may be submitted by the Union to arbitration. An individual may only take a grievance to arbitration if the Union declines to represent him in the arbitration process because he is not a member. The request to arbitrate must be given in writing to the County Administrator, in accordance with Article 3, Correspondence, within seven (7) calendar days following the answer, or the expiration of the time for such answer in Step Two. If such notice is not received as herein set forth, such grievance shall not be subject to arbitration. Except by mutual written agreement of the Union and the County, an arbitration hearing shall be limited to a single grievance. In no event shall arbitration be available subsequent to the expiration of this Agreement, provided, however, that a grievance made arbitrable by a specific provision of this Agreement which is in process when this Agreement expires may continue to be processed through the grievance procedure and submitted to arbitration pursuant to this article. Section 2. The parties shall jointly furnish to the arbitrator a written submission of the issue or issues to be decided. If the parties after reasonable consultation are unable to agree upon such a submission, each party may file its version of the issue or issues to be decided, and based thereon, the arbitrator shall detennine the scope of the issue(s), but in no case shall the issue be broader or extend beyond the issue presented in the original written grievance. Section 3. The decision of the Arbitrator must be within the scope of his authority, as set forth herein. A. The arbitrator shall confine himself to the facts developed at the hearing and which are directly related to the matter at issue. B. The arbitrator's decision shall be based on the specific language of the Agreement. The arbitrator shall not have the power to add to, subtract from, disregard, or modify any tenns or conditions of this Agreement. C, In making his ruling, the arbitrator shall have due regard for the essential and proper rights and responsibilities of management and shall not interpret this Agreement so as to further restrict or limit those rights and responsibilities. 54 '-" ....., . , D. The arbitrator's decision shall not infringe upon the collective bargaining process. E. If the arbitrator finds he lacks authority to rule on the grievance, the matter shall be referred back to the parties without decision or recommendation. Section 4. If the parties are unable to agree to a neutral arbitrator within five (5) days from the date the request to arbitrate is received, either party may request the Federal Mediation and Conciliation Service to submit a list of seven (7) arbitrators, from which to select the arbitrator. The parties shall alternately strike names from the list, with the person requesting arbitration striking first; and, this process shall be repeated until only one (1) name remains. The person whose name remains on the list shall be the arbitrator. Should either party fail to make its strikes in the proper sequence within thirty (30) days following receipt of the panel, the other party may select the arbitrator from the names remaining on the panel. Ifno name on the first list supplied by the Service is acceptable to a party, that party may request a second list, provided that before making any strike from the first list, it notifies the other party, in writing, and provided that the request for second list is made no more than ten (10) days following receipt of the first list. No additional lists may be sought after the second list without mutual agreement of the parties. Section 5. The arbitrator so selected shall hear all of the evidence to be presented by both parties and shall render his decision, in writing, thirty (30) days from the date of the hearing. His decision shall be final and binding upon the County, the Union, and the affected employee. If a decision of the arbitrator provides for retroactivity, it is agreed that retroactivity may not extend back beyond the date that is used for detennining whether a grievance is timely filed as defined in Article 26, Section 2, Grievance Procedure. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he may have received from any source during the period of the back pay, exclusive of any collateral source of compensation being earned prior to the date the alleged grievance occurred. No decision in anyone case shall require a retroactive wage adjustment in any other case. Section 6. The fees and expenses of the arbitrator shall be shared and paid equally by the parties to this Agreement. All other expenses of preparing and presenting its case, including payment of wages for employees while attending the hearing, shall be borne by the party incurring them or making the request. Should either party cause a transcript to be taken, the party requesting the transcript will pay the full cost of the transcript, but shall not be required to furnish a copy to the other party. Ifboth parties request a transcript, the cost shall be equally divided between the parties. 55 ... ....,...-- - ~ ~ '-II ¡ [ I I Section 7. Unless otherwise agreed, the arbitration hearing will be held in St. Lucie County or in the vicinity. Section 8. In the event of any breach of the provisions of the Continuity of Operations article hereof, the Employer may avail itself of any remedy through appropriate Courts or governmental agencies for redress of that breach without regard to the grievance and arbitration provisions hereof. 56 ... -- - ....-- .......-- - - '-' ..., . ' ARTICLE 28 CONTINUITY OF OPERATIONS Section 1. The Union agrees that there will be no strikes as defined in Section 2 herein and such activity shall constitute a breach of contract. The term includes not only activities directed against the County, but action done in support of or sympathy with other employees or unions. The Union supports the County fully in maintaining normal operations. It is recognized by the parties that the County is responsible for and engaged in activities which are the basis of the health and welfare of the citizens, that any violation of this Article could give rise to irreparable damage to the County and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the County shall be entitled to seek immediate injunctive relief as well as any other relief it is entitled to under law. The County agrees not to engage in a lockout during the term of this Agreement. Section 2. The term "strike" shall mean the concerted failure of employees to report for duty; the concerted absence of employees from their positions, the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term" strike" shall also mean any overt preparation, including, but not limited to the establishment of strike funds with regard to the above listed activities. Section 3. It is agreed that any violation ofthis Article shall be grounds for discipline including discharge and shall not be grievable except to determine if the violation did in fact occur. Section 4. The Union agrees that in the event of any strike, as defined in Section 2, a responsible official of the Union shall promptly and publicly disavow such strike and order the employees engaged in such activity to return to work. 57 '-' '" , ' ARTICLE 29 SUBCONTRACTING Section 1. Subcontracting shall mean for the purpose of this Agreement, work which will be contracted out by the County to another agency, persons, company, group, etc., which results in the direct displacement (lay-off) of bargaining unit employees. Section 2. The County reserve the right to subcontract work. Should subcontracting occur which will result in regular bargaining unit employees currently on the payroll being laid off, the County agrees to notify the Union when the request to subcontract is put on the County Commission agenda. The Union reserves the right to appear before the County Commission and express its position to the County Commission for consideration at the time the Commission considers the subcontracting agenda item. If employees are laid off due to subcontracting, they shall have the rights provided under Article 13, Section 5, Separations, Reduction in Force, 58 'w' "wi , .I. I I ARTICLE 30 BULLETIN BOARDS Section 1. The County will furnish space for the Union to place one bulletin board at each location where the County has an official bulletin board. The Department Head will approve the exact location for placement of the bulletin board within his facility, except that the County Administrator or his designee shall approve placement in the Administration Building, Union bulletin boards may be no larger than 20 inches by 30 inches, Section 2. All notices placed on such bulletin boards shall relate solely to official Union business. Notices posted shall not contain derogatory, defamatory, inflammatory, or untrue statements about the County or any of its officials. Bulletin boards shall not be used to communicate with the general public, to distribute political matter, or for advertising. All notices shall clearly state that they are "Teamster Notices" and shall be signed and dated by the Union Business Representative or Chief Steward who will accept full responsibility for their content. Section 3. The Union Stewards shall check all bulletin boards at reasonable intervals to insure that no unauthorized materials have been posted. If unauthorized materials have been posted or if the Union Chief Steward has been notified that bulletin boards contain unauthorized materials, the Union Chief Steward shall cause such unauthorized materials to be removed immediately. 59 ~ 'wII t i ARTICLE 31 UNIFORMS Section 1. The County will furnish to employees required to wear a unifonn set comprised of a shirt and a pair of pants for each day the employee is regularly scheduled to work in a workweek. It is understood that such unifonns are not to be worn except while employees are on the job and while traveling to and from the job each work day. Employees shall be responsible for laundering the unifonn, except for certain positions designated by the County. Employees shall wear no hats or caps except those furnished by the County, and employees are encouraged to wear such cap or hat when working outside. Except as provided herein, the County is not required to replace caps or hats more than twice during a fiscal year. Unifonns and/or hats which are damaged to the point of being unwearable due to nonnallaundering and/or nonnal wear and tear may be replaced by the County at the request of the employee upon returning the damaged article to the County. Section 2. Any employee who is supplied unifonn pants and shirts shall be required to wear such unifonn while working. Any such employee who reports to work not wearing a unifonn shall be sent home without pay and shall not be pennitted to work until he returns to work wearing his prescribed unifonn. Section 3. Tools and equipment which are nonnally supplied by the County will be used properly and carefully by the employees who require them in the work. It is the responsibility of the employee to use and secure such tools and equipment in such a manner as to minimize the potential for loss or theft. 60 '-" """ . i ARTICLE 32 WAGES Section 1. Except as otherwise provided below, each bargaining unit employee, including those employees in an evaluation period as the result of a promotion, shall receive a three percent (3%) increase in his regular rate of pay effective September 26, 1999. If an employee is at the top of the pay range for his position or the increase will exceed the top of the pay range for his position, he will receive the full amount of the increase, but the pay range for his position will not be affected as a result of his increase. Employees who are in their initial evaluation period ("new hires") shall not be eligible for such three percent (3%) increase. Section 2. Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) wage increase or the bottom of the pay range for the new position, whichever is greater. Section 3. Upon satisfactory completion of the evaluation period, an employee shall receive a five percent (5%) wage increase, effective with the first payroll period after completion of the evaluation period. 61 '-" """ I ,,,. ARTICLE 33 RETIREMENT The County will continue to maintain its participation in the Florida Retirement System for all employees covered under this Agreement as provided by Florida Statute and Florida Administrative Code. 62 '-" ""'-' . If I' '.f' ARTICLE 34 PRINTING AGREEMENT This Agreement shall be printed within a reasonable time by the County. The County shall provide to the Union 165 copies and the Union will be responsible for any additional requests for copies. Each employee coming within the scope of this Agreement shall be entitled to receive one copy from the Union upon request. 63 '-' ......, ~ I (I .. ~ ARTICLE 35 GENERAL Section 1. Masculine pronouns used herein shall refer to men or women or both. The use of masculine job classification titles shall be construed as including both genders. Section 2. Members of management will not be regularly assigned the same work as that regularly performed by members of the bargaining unit. Further, this does not limit management from regularly performing such work which is incidental to their managerial responsibility. This provision shall not apply to actual or declared emergencies. Section 3. Unless otherwise stated in this Agreement, references to "days" shall mean calendar days and not work days. Section 4. The term "Department Head" as used in this Agreement is defined as the level of administrator in the employee's department or division who reports directly to the County Administrator. Section 5. The parties acknowledge that during the negotiations which resulted in this Agreement, each had unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. They, therefore, each voluntarily and unqualifiedly waive the right for the term of this Agreement to bargain collectively with respect to any matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered by this Agreement. This Agreement represents the entire agreement between the parties and no other agreements or practices are binding upon either party hereto with respect to wages, hours, or working conditions of the employees covered hereby. The County shall not be obligated to continue any benefits or employee practices which is has given or engaged in prior to the execution of this Agreement unless such benefits or practices are specifically set forth in this Agreement, and past practices of the County will not be considered in interpreting this Agreement. Section 6. 64 ~ ...." .. ,~I . ,.. It is further understood and agreed that neither party hereto has been induced to enter into this Agreement by any representations or promises made by the other which are not expressly set forth therein and that this document correctly sets forth the effect of all preliminary negotiations, understandings and agreements and supersedes any previous agreement, whether written or verbal. This Agreement constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by both parties. 65 '-" '..,;I T I II ... ARTICLE 36 SAVINGS CLAUSE If any article, section, or provision of this Agreement should be found invalid, illegal or not enforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. If such action occurs, the County and the Union shall meet within thirty (30) days for the purpose of negotiating a mutually satisfactory replacement for such provision. 66 '" ...", __of :_t . i ,II. '!""" ARTICLE 37 DURATION OF AGREEMENT Section 1. Except as otherwise provided in Article 32, the provisions of this Agreement shall be effective as of October 1, 1999 and shall continue and remain in effect through September 30, 2002. Section 2. The parties shall reopen Article 32 (Wages) to negotiate wages for Fiscal Years 2000/01 and 2001/02 during June 2000. The parties shall reopen Article 18 (Insurance) to negotiate insurance for Fiscal Year 2001/02 during June 2001. 67 ¥ ......, . ,I/Ì ,,,...; ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: PRESIDENT DATE: BY: BUSINESS AGENT 68 - - ... \I ¡ '-' AGENDA REQUEST ~M NO. CSß DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Release for Property Damage at the St. Lucie County Sports Complex BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the attached Release for Property Damage and authorize the Chairman to sign the Release upon receipt of payment for damages. [x] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: Anderson Administrator County Attorney: j:' Review and Approvals Management & Budget Purchasing: í Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable) Eff, 5/96 .... - ---- - -- .........--- --- - '-" 'wi .(, '\ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-1176 DATE: August 30, 1999 SUBJECT: Release for Property Damage at the St. Lucie County Sports Complex ------------------------------------------ ------------------------------------------ BACKGROUND: On July 22, 1999, a bus owned and operated by Marie's Charter Bus (Marie's) knocked out a bollard located near the Gate A driveway at the St. Lucie County Sports Complex, raising the sidewalk and breaking the cement. The cost to repair the damage is nine hundred and 0/100 ($900.00) dollars. Attached is a copy of a Release for Property Damage which will release Marie's from any and all liability resulting from the accident. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Chairman to execute the Release for Property Damage upon receipt of payment from Marie's Charter Bus in the amount of Nine hundred and 0/100 ($900.00) dollars. DSM/caf Attachment .,...- -- - -- - '-' ...""" Release for Property Damage TO: Mari e I s Charter Bus, A Coach USA Company 4200 Georgia Avenue West Palm Beach, Fl 33405 In consideration of the payment to me of the sum of Nine Hundred Dollars ($900.0~llars ($ 900.00 ), by or on behalf of Ma ri e I s Charter Bus (Coach) Payer, the receipt of which is hereby acknowledged, I/we do hereby release and forever discharge said Payer from all liability for damages to any and all property re,suIting from an accident or 'event occurring on or about the 22nd day of July , 19.22...- at or /' near or on ·St. Luci e County Sports Complex . My signature attests that . I/we have read and understand the above release of claim and have sole authority to resolve the above described claim. Witness my hand and seal this day of ,19 Signed: Signed: Witness: Address: Qriginating Company Marie1s Charter Bus, A Coach USA Company 50-780 - '-t'ERSONNElJRISK ~GEMENT MEMORANDUM #99-71 Joseph D. Finnegan Manager Ext 1404 DATE: August 19, 1999 ", 3 TO: Dan Mcintyre, County Attorney SUBJECT : SLC Sport Complex Accident Enclosed is a copy of an accident that occurred at the St. Lucie County Sports Complex on July 22, 1999. There was damages that happened at the Sports Complex which they are paying for. Please execute the copy of Release for Property Damage that is enclosed and sent back to this office. Thank you. r-- JF/mw 0i\ (V -~ <'J " (t../ G ~ çyJ\~), n 0\ r'~'I) ì' y.9(þPT 7' \,> ~ Y ~t'~ Ù c\-- \/ ( ¡\J . \ cy"" ~ J H:\MEMOS\JOE\99-7lWPD.WPD '-' ent to McC~'?~ry wed by: Joe Finnegan lute INITIAL NOTIFICATION RE ORT OF ACCIDENTS & TRANSMITTAL .' . \.'- ,.. . ~ TO: ST. LUCIE CO. RISK MANAGEMENT FROM: Albie Scoggins. Stadium Manage@ DATE: July 23, 1999 NAME OF PERSON ACCIDENT REPORTED TO: Marcie Wallace NAME OF ~ St. Lucie County Sports Complex/Marie's Charter Bus DATE OF ACCIDENT: July 22, 1999 TIME: 11-11:30 AM/PM NAME OF PERSON MAKING REPORT: Lois Cullen TITLE: OAIII EMPLOYEE MEDICAL RELEASE f, do not wish to seek medical attention at this time. Should I need medical attention at a later date, concerning this incident, I understand that I will notify the Risk Management Department, as well as my own department. Department Signature of employee Witness Date Copies to: File at department Employee Oriainal to: Personnel/Risk (1) Report IWC-1 Imniedlately after an accident. fill out thiV'. ...".¡ - ST. LUCIE COUNTY LOSS REPORT, PROPERTY LOCATION CODE LSSPCX FOR DAMAGE TO YOUR OWN PROPERTY NAME OF COMPANY / CUENT LOCATION St. Lucie Count Sorts ADDRESS 527 NW Peacock Blvd LOCATION OF LOSS Ad'acent sidewalk b DATE OF LOSS 7/22/99 CITY t. St. Lucie PHONE NUMBER 871-5476 ZIP 34986 at Gate A IME OF LOSS 11-11:30 pm ESTIMATE OF LOSS $1500 BUILDING AND/OR CONTENTS DETAILS OF LOSS Bollard located near Gate A driveway knocked out of ground raisin the sidewalk and breakin Marie Tippett) dropped St. Lucie Mets team off and was backin out of driveway area. CARGO NAME OF DRIVER OWNER OF VEHICLE OESCRIPTlON OF VEHICLE - INCLUDE MAKE, MODEL. YEAR, SERIAL NO. BOILER Be MACHINERY DETAILS OF LOSS EMPLOYEE DISHONESTY NAME OF EMPLOYEE DATE OF EMPLOYMENT JOB TITLE ROBBERY OR SAFE BURGLARY CULPRIT APPREHENDED - EXPLAIN POUCE AUTHORITY INVOLVED - EXPLAIN ATTACH SUPPORTING MATERIAL - POUCE REPORT - NEWSPAPER ACCOUNT. DETAILS OF CLAIM, ETC, SUMMARY (HOW LOSS OCCURRED AND DAMAGE EXTENT) ATTACH SUPPORTING MATERIAL. Am AVAIlABLE REPORTS. NEWSPAPER ACCOUr-lT. PICTURES. REPAIR ESTIMATES OR BILLS. ETC, . I wa knocked bollard out of ground lifting sidewalk and breaking cement. Our office was notified by Paul Taglieri CSt.Lucie Mets General Manager) approx. 10:30am 7 Our 0 Cor Herb Seal 337-2493 re uestin an estimate for re air.TELECON CONTACT PERSON RE. ACCIDENT IS RICHARD GARMISE (561-835-9300). , 1999 SIGNATURE AND TITLE A. SAF-4 NOTE: USE REVERSE SIDE IF ADDITIONAL SPACE IS NEEDED ~ ....., ßOARD OF COUNTY COMMISSIONERS RISK MANAGER JOSEPH D. FINNEGAN August 11, 1999 Richard Garmise c/o Marie's Charter Bus 3095 Military Trail Lake Worth, FL 33463 Dear Mr. Garmise: This letter is reference to an accident one of your buses encountered on July 22, 1999 at approximately 11 :00 p.m. - 11 :30 p.m. It occurred at the 51. Lucie ~ounty Sports Complex. Due to the accident that occurred, there was extensive damage to a bollard located near Gate A and as a result sidewalk was raised and broke the cement in that area. At this time, we are requesting reimbursement for any damages that have occurred. I have enclosed a copy of an invoice from the company from whom the Sports Complex deals with for repairs. If you have any questions, please do not hesitate to contact me at (561) 462- 1404. Thank you for your cooperation. \. JOHN D [)RUHN, Disrncr No, 1 . DOUG COWARD, Disrricr No.2· PAULA A. LEWIS, Disrricr No. J . FRANNIE HUTCHINSON, Disrncr No 4 . CLIFF [)ARNES, Disrncr No,S County Admlnisrroror - Douglas M. Anderson 2JOO Virginia Avenue · Forr Pierce, FL J4982 · Phone (561) 462-1546 FAX (561) 462-2J61 · TDD (561) 462-1428 · Job Line (561) 462-1967 - ~ , "'"' AGENDA REQUEST "'wI ITEM NO. (!-;) ¿ DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Article V Trust Fund Grant-in-Aid Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Article V Trust Fund Grant-in-Aid Agreement and authorize the Chairman to sign the Agreement. [~APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ~ Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 \ , '-' ,.."", '- INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-1187 DATE: September 1, 1999 SUBJECT: Article V Trust Fund Grant-in-Aid Agreement ------------------------------------------ ------------------------------------------ BACKGROUND: Attached is a copy of a memorandum dated August 20, 1999 from the Office of the Sate Courts Administrator and a copy of a memorandum dated August 27, 1999 from Tom Willis, Court Administrator. St. Lucie County has been awarded an Article V Trust Fund grant-in-aid. The Office of the State Courts Administrator will pay the County up to fifty-five thousand seven hundred fifty-one and 0/100 ($55,751.00) dollars as a grant-in-aid pursuant to Specific Appropriation 2124 of the 1999-00 General Appropriations Act and § 25.402, ,Florida Statutes, for costs incurred under Article V, Florida Constitution, in operating the state courts system. Grant funds will be paid out in four (4) disbursements prior to July 31, 2000 and are contingent upon sufficient County Article V Trust Fund collections. Also attached is a copy of the Grant-in- Aid Agreement. RECOMMENDATIONS/CON ClUSIONS: Staff recommends that the Board approve the Article V Trust Fund Grant-in-Aid Agreement DSM/caf Attachments - '-'" 'wi Major ß, Harding Chief Justice Kenneth R. Palmer State Courts Administrator Office of the State Courts Administrator 850/922-0351 Fax 850/922-9185 MEMORANDUM TO: All Florida Counties FROl\1: Laura Rush ¡iJ Senior Attorney, Legal Affairs and Education DATE: August 20, 1999 SUBJECT: Grant Funds for Court Programs, Services or Facilities This memo is to advise that grant funds paid to counties on behalf of judicial circuits for court programs, services, or facilities are based on a fiscal year appropriation, not on the date of execution of the grant agreement. Therefore, the date of execution of the grant agreement does not affect entitlement to, or the amount of, grant funds provided under the agreement. LR/sb Supreme Court Building . 500 South Duval Street Tallahassee. Florida 32399,1900 http://www.flcourts.org '-' AGENDA REQUEST ......, Ii f,'\ ITEM NO. l '.1":)1 ) DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Acceptance of the FY99-00 Grant-in-Aid Agreement for Court Reporting Services to the Nineteenth Judicial Circuit, St. Lucie County, from the Office of the State Courts Administrator. BACKGROUND: This grant has been received for the past few years to assist in the payment of costs associated with court reporting services in St. Lucie County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board accept the Grant-in-Aid Agreement for Court Reporting Services and authorize the Chairman to execute the Agreement. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: D sAnderson County Administrator County Attorney: Jt purchaÆing: Management & Budget Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable) Eff, 5/96 .. ~ ...." Ii (' 1/-'\ \..----- -:> 1/) T/Ïonu:Ls H. Wiffis TRIAL COURT ADMINISTRATOR State Of FCorid£¡ ~~~~~~~~ COURT ADMINISTRATOR N ineteentfi ] tUÍidaf Circuit Mark. J. God"win DEPUTY COURT ADMINISTRATOR ] OM J. Vaniilà. DEPUTY COURT ADMINISTRATOR August 27, 1999 ME MORANDUM 99-235 TO: Paula Lewis, Chairperson, St. Lucie County Commission ~m Willis, Court Administrator FROM: RE: Court Reporter Grant-in-Aid Attached is a letter I received from the Office of State Courts Administration naming me as the grant manager for this years Grant-in-Aid for Court Reporting Services. As per the letter, attached also are 3 copies of the contract, a spending plan, a sample release letter, a packet that identifies statutes, rules and regulations, and a letter from OSCA legal dept. clarifying that Grant funds are based on a fiscal year appropriation, not on the date of execution ofthe agreement. Please sign all 3 contracts and prepare a release letter to accompany the contracts and a signed spending plan agreeing to utilize the funds to cover court reporting expenses. Once I have received your packet I will forward same to OSCA so that St. Lucie County will receive the funds. Thank you for your cooperation in this matter. THW Ids Attachment cc Chief Judge Paul B. Kanarek Kaaren Davoli, OSCA 229 Courthouse Addition· 218 South Second Street· Ft. Pierce, FL 34950 Phone: (561) 462-1472 . Fax: (561) 462-2135 lruíian River, Martin, Olieecfw6ee & St. Lucie Counties 1 \wi 'wi BOARD OF COUNTY COMMISSIONERS PAULA A. LEWIS COMMISSIONER September 8, 1999 Office of the State Courts Administrator ATTN: Originator or Finance and Accounting Florida Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1900 RE: Grant-in-Aid Agreement for Court Reporting Services to the Nineteenth Judicial Circuit Gentlemen: In accordance with the Grant-in-Aid Agreement executed with St. Lucie County, the Nineteenth Judicial Circuit, and the Office of the State Courts Administrator, I hereby request the release of $43,984 as specified in the Agreement for fiscal year 1999-00. The amount is equal to the total grant-in-aid to the County. Sincerely, Paula A. Lewis, Chair Board of County Commissioners Paul B. Kanarek, Chief Judge Nineteenth Judicial Circuit JOHN D O!\LJHN DllrllO No 1 . DOUG COWA!\[¡ DI\Trlcr No 2 . PAULA A LEWIS DlsTrlcr No J . mANNIE HUTCHINSON, Dlsrricr NO.4. CLIFF ßARNES, Disrricr No 5 Counry Admlnlsrroror . Douglas M, Anderson 2JOO Virginia Avenue · Forr Pierce, FL J4982-5652 · (561) 462-1406 · FAX (561) 462-21J1 . TDD (561) 462-1428 SUN COM 259-1406 '-' AGENDA REQUEST .....,; C --:-"" ITEM NO. * he DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney James W. Lancaster Assistant County Attorney SUBJECT: Consider Approval of FEC License Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board approve the FEC License Agreement and authorize the Chairman to sign the Agreement. [x] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: County Attorney: ~nagement d~dget t't..~. '~ Originating Dept, ner: ~ Finance: (Check for Copy only, if applicable) :~ Review and Approvals Purchasing' Other: Eft. 5/96 ~ -- - -- ',-, ,..." ( ~ ." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: James W. Lancaster, Assistant County Attorney C.A. NO. 99-1191 DATE: September 1, 1999 SUBJECT: Consider Approval of FEC License Agreement ========================================== BACKGROUND: The County is cooperating with the Fort Pierce Utility Authority ("FPUA") to provide potable water to the World of Plastics Company on Oleander Avenue under a Community Development Block Grant for economic development. The water line will be constructed by the County and, upon completion, it will be conveyed to FPUA. The water line must cross under Florida East Coast ("FEC") railroad tracks. In order to do this, FEC requires the County to enter into a license agreement to ensure the crossing will conform with FEC specifications. Attached to this memorandum is a copy of the license agreement. Since the license agreement provides for future maintenance, the license agreement will be assigned to FPUA at the time the waterline is conveyed. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the FEC License Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, Ù1 , ~ '-" \. DEPARTMENT OF COMMUNITY DEVELOPMENT Administration ._.~_._- ì\ r~ ~'~ I "I' ¡: 1,-' I . r:- MEMORANDUM Ø1'II'.' ,.., .. v TO: Jim L~~r,;s.st. County Attorney JUIiî7newchuk, Community Development Director August 24, 1999 FROM: DATE: SUBJECT: CDSG Grant Freedom Plastics Attached is a memo from Nancy Phillips and the referenced FEC License agreements. I would appreciate if you could review them, and route them for signatures, so that we may proceed with the grant. Thank You. ( !) ~ \&{? 'L/ )VJ Ø8/23/1999 17:Ø1 5617919818 CRAIG A SMITH RPB PAGE En '--' '-' , ~ MEMORANDUM CRAIG A SMITH AND ASSOCIATES. INC. 242 ROYAL PALM BEACH BOULEVARD ROYAL PALM BEACH, FL 33411 (561) 191-9280 FAX (561) 191-9618 E-mail: casrpbGa.8igemith.com From: Julia Shewchuk. Sl Lucie County Community DevelOpment Director Robert Nixon. Sl Lucie County Community Development Department VIA FACSIMILE - 561-462-1135 Nancy S. PhilUpa, Director - Grant Admin_n SerIIœs ps¡7~ August 23, 1999 To: Date: SUbject: Review of Florida East Coast Railway Company -Blanket Ucense Agreemenr CAS Project No. 98-0535-C7LS Thank you for the facsimile regarding the above noted matter. This doa.ment is a legally binding agreement that should be reviewed by the County Attorney as it relates to any work undertaken by the County with the Florida East Coast (FEC) Railway. not just the CDBG grant. - As it pertains to the CDBG grant on behalf of Freedom Plastics (Worid of Plastics). the County needs to do whatever is required by FEC to facilitate obtaining the necessary utility aossing permits required for the grant. I was under the impression that these permit applications had been applied for and we were awaiting the actual permit From reading Mr. Bagley's letter. it would appear that no work can commence on the COBG grant-related project until this -Blanket License Agreemenr is completed by the County ard executed by FEC. I would encourage the County to review and execute this dowment as quickly as possible so that we don't delay the COBG grant. Please contact me if you have any questions and/or comments. Insp c: Melissa Cousins, Lindahl-Browning at al. - VIA FACSIMILE , , '\ '-" AGENDA REQUEST """ ITEM NO. C-~/ DATE: September 7, 1999 REGULAR [ PUBLIC HEARING ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: County Owned Tax Certificates Old Dixie Highway/Rickert Request Authorization to Bid BACKGROUND: St. Lucie County received Tax Certificate No. 96-386 for nonpayment of the 1995 taxes at the Tax Certificate Sale held by the St. Lucie County Tax Collector's Office. St. Lucie County also holds Tax Certificate No. 96-386, 97-265 and 99-269 on this parcel. The Engineering Division has indicated an interest in acquiring this parcel of land for additional right-of- way for Old Dixie Highway. Old Dixie Highway varies in width from 30' to 66'. The minimum bid amount is $1,933ó06 according to the Clerk of the Circuit Court. The current assessed value is $4,750.00. Staff is requesting authorization to bid at the Tax Certificate Sale to a maximum of $5,700.00, which is 20% above the assessed value. FUNDS AVAIL.: 102001-3725-531000 -400 (Drainage Maintenance MSTU) PREVIOUS ACTION: December 22, 1998- Received Authorization to Initiate Tax Deed Application RECOMMENDATION: Staff recommends that the Board authorize staff to bid at the Tax Deed Sale on September 14, 1999, not to exceed 20% over assessed value of $5,700.00. [ X] [ ] APPROVED OTHER: DENIED 9 as Anderson unty Administrator COMMISSION ACTION: XX County Attorney: ~.4 xx Originating Dep~ Review and ~pprovals ~ XX Management & Budget ~ XX Engineering:~ if applicable) fò~~ (J :t'~~ Purchasing: Finance: (Check for Copy only, Other: I E f f 5 1 9 6 ; .. - - , '-', '.."", è- ( DIVISION OF ENGINEERING MEMORANDUM 99-343 ¡~¡~~~¡~~~¡~~~¡~~~¡~~~¡~~~¡~~~¡~~~¡~~¡~~~¡~~~¡~~~¡~~~¡~~¡~~~J~~t~~¡~~~¡~~¡~~~¡~~~¡~~~¡~~~¡~~t~~¡I~~~¡~~¡~~¡~~¡~~~¡~¡ TO: Belinda Vose, Acquisition Agent II FROM: Don West, County Enginee~ '\ DATE: September 1, 1999 SUBJECT: Old Dixie Highway Property, Tax ill #1406-112-0001-000/0 Certificate No, 96-386 Based upon a review of the property maps for Old Dixie Highway at the north County line, I recommend purchase of the additional right-of-way as detailed in your location map, The Old Dixie Highway corridor has insufficient right-of-way width for property drainage and maintenance, Any additional property we can acquire to help remedy this situation would be a benefit to the County, DBW:jr Attachments , i """""~ <?) ~:"". ":;.. '.. ,,"1'.- l;~ ..... Q 0 0 0 I ...... CO 0 0 CO 0 ('I) I I CO N ...... 0) ...... 0 cD 0 z ~ ¡-: ...... ~ a: a UJ g Ü ... - - ~. ...., - : I ~" ~ '.., AGENDA REQUEST ITEM NO. c - ~ G---- DATE: September 7, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBlTECT : County Owned Tax Certificates Torpey Road/Barnes Request Authorization to Bid BACKGROUND: St. Lucie County received Tax Certificate No. 96 -4 77 for nonpayment of the 1995 taxes at the Tax Certificate Sale held by the St. Lucie County Tax Collector's Office. St. Lucie County also holds Tax Certificate No. 97-398, 98-332 and 99-367 on this parcel. The Engineering Division has indicated an interest in acquiring this parcel of land for additional right-of- way or drainage possibilities for Torpey Road. The minimum bid amount is $2,345.50 according to the Clerk of the Circuit Court. The current assessed value is $5,510.00. Staff is requesting authorization to bid at the Tax Certificate Sale to a maximum of $6,612.00, which is 20% above the assessed value. FUNDS AVAIL.: 102001-3725- 53l000- ·'t00 (D!"ainage ~·1ê1:ntenance MSTU) PREVIOUS ACTION: December 22, 1998- Received Authorization to Initiate Tax Deed Application RECOMMENDATION: Staff recommends that the Board authorize staff to bid at the Tax Deed Sale on September 7, 1999, not to exceed 20% over assessed value of $6,612.00. [ X ] [ ] APPROVED OTHER: DENIED Anderson Administrator COMMISSION ACTION: Q-j..-/ Review and Approvals ¥ ~~ .n xx County Attorney: XX Management & Budget~ XX Originating DePt:~. XX Engineering:A\N Finance: (Check for Copy only, if applicable) ~~~ ,fl i> "v/ Purchasing: Other: E f f 5 1 9 6 ... \ " , '-' ..." c,'~/ DIVISION OF ENGINEERING MEMORANDUM 99-344 ~¡~~t~@¡~~~¡~t~~¡~@¡~~¡~¡~~~¡~~~¡~~~¡~~@¡~~@¡~~t~~¡~~~¡~~~¡~~~¡~~~¡~~~}~~t~t~t~t~@¡~J TO: Belinda V ose, Acquisition Agent II FROM: Don West, County Engineer?r~ . DATE: September 1, 1999 SUBJECT: Torpey Road Property Purchase Tax ill #1421-241-0001-000/4 Certificate No, 96-477 Based upon a review of the property maps for Torpey Road, I would recommend that we consider purchase of the additional parcel at the east end of the right-of-way, The subject property fronts on the Indian River Lagoon and would provide public access to the Lagoon in combination with Torpey Road right-of-way, This would provide approximately 100' of water frontage on the Lagoon. This could be an excellent site for a small recreational park, boat launching ramp, or canoe access to the Lagoon, In addition to the recreational possibilities, the property could provide a site for stormwater treatment, although no facilities of this type are contemplated at present. I would suggest a discussion with the Board of County Commissioners to make the final decision on purchase of the property, DBW:jr Attachments ~t~{ 'w' ... .-' ..."", ------------------------------------------------ ~ 0 0 0 I ..... ,.... 0 ,.... 0 ~ 0 I I CO ..... 0) ~ ~ çj ..... Z N ~ ~ ..... :;t 0::: C LU ~ u ---I H ~ I I §' u ¡ ~~~ 0 ",0<2> 2: ~.!¡! ~ """: I·..,: ~a:' o ~~~ '~-" o to- I 0-- . 9 I' N -" Oa:' ;-"~~ ~ -- ~ 0 0 0 I N 0 0 0 I I......... (J I C') N~!:2 < ~ ~OO 0 £:!. ~O g C! t.) ~oéÕ < ON.... ..... COOO C! '-'og 3M::lO N'II'Ð'II'H M u .... « 0 ~ a ~ o ex: ~ C1. ex: o I- \ Ñ.J.;::" \ ~g8 \ -°0 íÕ o ..... o I co a o 9 N ~ ~ ô o o t.)t.)t.) 9 «< Ncnocn g~C!~ o <0 M,... ~ I I . C') o3:..J £:!...J(/)I- N 25 ~o '" ° C5 ' 8 8 .;, g g N ~ ~ ... !:!. I , I I I v--1~ ¡ , , N , g . ¡ , , '-" ...",¡ AGENDA REQUEST ITEM NOe- 6-A DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Utilities Department is requesting permission to advertise a Request for Proposals for Engineering services. FUNDS AVAIL. :N/A PREVIOUS ACTION: Board of County Commissioners entered into agreements with five firms on September 7, 1996 that expire on September 3D, 1999. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant permission to advertise a Request for Proposals for Engineering Services for St. Lucie County Utilities Department. [ X] [ ] APPROVED OTHER: DENIED E: COMMISSION ACTION: [$:/ County Attorney:x~" 1 , :,.. ¿ .' Originating Dept:X , tUJ{itr,~"V Finance Director: (Check for COpy only, '..] derson Administrator Coordination/Sianatures Mgt. & Budget: Purchasing cß Other: if applicable) Other: Eff. 5/96 '-' """ \., BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissoners J William Blazak, Utility Director W:2if2f FROM: DATE: September 7, 1999 RE: Engineering Services / Request for Proposals BACKGROUND: In September of 1996 the Board of County Commissioners entered in agreements with five engineering firms to provide on going services to the Utility Department. Those agreements expire on September 30, 1999. Staff is requesting permission to advertise a Request for Proposals to select firms to continue to provide the on going services for the Utility Department. The Request for Proposals is attached for your review along with a copy of an Agreement that the firms will be required to execute. The term of the new agreements will be for a period of three years with two one year extensions by approval of the Board of County Commissioners. Recommendation for selection of the firms will be will be submitted to the Board for fmal approval prior to entering into an agreement. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant permission to advertise a Request for Proposals for engineering services for the St. Lucie County Utility Department. JOHN D. ßRUHN, District No.1· DOUG COWARD, District No.2· PAULA A. LEWIS, District No.:) . FRANNIE HUTCHINSON, District No.4. CliFF ßARNE5, District NO.5 County Administrotor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561 ) 462-1153 ~ '-' BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßlAZAK DIREGOR MEMORANDUM TO: Charles Bicht, Purchasing Manager William Blazak, Utility Director \.;u1~ August 23, 1999 FROM: DATE: RE: Engineering Services - Request for Proposals Attached are copies of the Request for Proposals and the Agreement that will accompany the advertisement. The current contracts will be extended until December 31, 1999 to allow for advertisement and selection firms to provide services for the Utilities Department. The County Attorney's office has reviewed these documents and suggested that I coordinate with your office to establish the dates and times needed to complete the advertisement. Please review the documents and let my office know when we can meet to set the necessary dates for this RFP. Thanks. ..,~~ ':'0'" \ $-'" \L{'\ ~ "'h\ (i"V \ :' ;';"." \1'1 j 1; \}[) ";ì\I-.l~ ~ \:; \).:~ JOHN D. ßRUHN, District No.1' DOUG COWARD, District No, 2 · PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4 0 CLIFF ßARNES, District No.5 Counry Administrotor - Douglos M, Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561 ) 462-1153 . '-" "'-" REQUEST FOR PROPOSALS 99-xx Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 - '-'" ....." Table of Contents Part I General Information 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 DefInitions Invitation to Propose; Purpose Issuing Office Awards Development costs Inquiries Site Visitations . Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Feasibility Studies Part II Statement of Work 2-1 Scope of Work Part ill Instructions for Preparing Proposals 3-1 3-2 Rules for Proposals Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria - - '-" ....., GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, fIrms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE: PURPOSE The Board of County Commissioners, S1. Lucie County, Florida (the "Board") solicits proposals from responsible Proposers to provide professional Utility Engineering Services on a continuing basis.. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with the Proposer(s) who submit the proposal judged by the Board to be most advantageous. The Board anticipates awarding more than one contract, but reserves the right to award only one contract if in its best interest. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard S1. Lucie County consultant contract is included with this RFP. This contract will form the basis of the contract between the successful proposer and the County. Additional terms and conditions may be added to the contract through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re-advertise for other proposals. -1- .'-'" '-' 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. . Proposers may submit written inquiries for interpretation of this RFP to: Charles Bicht St. Lucie County Purchasing Manager Administration Annex 2300 Virginia Avenue Fort Pierce, Florida, 34982. The County will respond to written inquiries if received at least 7 days prior to the date scheduled for receiving the proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fIxed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 SITE VISITATIONS Any Proposer desiring to visit site locations should contact to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the proposal submission deadline. 1-8 TIMETABLES The Board· and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On , the Board issues the RFP. -2- '-' ...." B. From inquiries received by mail. to , the County will receive and answer C. The County must receive the proposals by 5:00 PM on D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-9 DELAYS The County may delay scheduled due dates if it 'is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "RFP_, Utility Services Engineering". The envelope shall also include the Proposer's return address. Proposers shall submit ten copies of the proposal in a sealed, opaque envelope marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 5:00 PM ON Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confIrmation of timely receipt of the proposal may be made by calling (407) 468-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and -3- '-'" ....".¡ will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS The County reserves the right to reject any and all Proposals when such rejection is in the County's interest. The County specifically reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perfonn faithfully any previous contract with the County or with other governmental jurisdictions. Minor irregularities contained in a Proposal may be waived by the County. A minor irregularity is a variation from the solicitation that does not affect the price of the contract or does not give a respondent an advantage or benefit not enjoyed by other respondents, or does not adversely impact the interests of the County. The County may also re- advertise and solicit for other Proposals when it is considered to be in the County's interests to do so. The County further reserves the right to cancel this solicitation at any time if it is in the County's interest to do so. 1-12 ADDENDA If revisions become necessary, the County will provide written addenda at least five days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. 1-13 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. -4- ... ... - '-" "'-' 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defmed in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be fIled with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 FEASffiILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. STATE:MENT OF WORK PART II 2-1 SCOPE OF WORK The successful Proposer shall assist the County in by providing professional engineering services related to planning, fInancing, design, survey, and construction management of potable water, wastewater, and reclaimed water projects throughout St. Lucie County on a continuing -5- ... '-'" .,I basis for an initial term of three years with an option to extend the term for two additional terms of one year each on the same terms and condition including the amount of the Engineer's fee. INSTRUCTIONS FOR PREPARING PROPOSALS PART ill 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work and make a positive commitment to promote events and concerts. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. C. Scope of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. Proposer should not include a proposal for the compensation to be paid for the required services. D. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -6- - ¥ ...., EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both aìl objective and subjective comparison of Proposals and Proposers. The County I s decisions will be fInal. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. verifIcation of availability of equipment; 2. verifIcation of availability of qualifIed personnel; 3. past performance records; 4. ability to meet set standards; 5. qualifications of Proposer; 6. expertise of human resources; 7. technical soundness of proposal; 8. time frames; 9. past contracts with the County and other governmental jurisdictions; 10. related experience in St. Lucie County; 11. references; 12. fmancial resources and capabilities. B. Selection The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all proposals received and establish a list in order of preference of no fewer than three Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct the Committee to establish a "short list" of no fewer than three Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer proposals are received, all Proposers shall be included in the selection process as described below. -7- - ~ ,.", If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the fIrst Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualifIed Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualifIed. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifIcations and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may re-advertise for new proposals. All contracts negotiated by the Committee shall be subject to fInal approval by the Board unless such approval is waived by the Board. C:\JWL\DOCS\UTILITY -RFP-99, WPD -8- - '-" 'wII AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT, , 1999, by subdivision of the made and entered into this day of and between ST. LUCIE COUNTY, a political state of Florida, (the "County") and (the "Engineer"). WIT N E SSE T H: WHEREAS, the County proposes to retain the services of the Engineer to provide professional Engineering services on a continuing basis to assist the St. Lucie County Utility Services Department; and WHEREAS, the Engineer has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT The relationship of the Engineer to the County will be that of a professional consultant acting as an independent contractor. The Engineer will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and good ethical standards. Individual work assignments will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. 2. SCOPE OF SERVICES The scope of services to be provided by the Engineer under this Agreement includes providing professional engineering services related to the planning, financing, survey, design and construction management of potable water, wastewater and reclaimed water projects throughout St. Lucie County. 3 . TERM OF AGREEMENT; WORK AUTHORIZATIONS A. The Engineer agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. -1- '--' ,...." Unless terminated earlier as provided for herein, the initial term of this Agreement shall be three years. The County reserves the right to extend the term of the Agreement for two additional terms of one year each on the same terms and conditions including the amount of the Engineer's fee. B. Specific work assignments will be initiated as directed by the St. Lucie County Utility Services Director and shall be set forth in individual Work Authorizations. All Work Authorizations shall be executed by the Engineer and on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Authorizations shall describe the specific scope of the work to be performed, the amount of the Engineer's fee and the schedule for completion of the work. 4 . WORK PRODUCT All sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Engineer's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The County agrees, however, that no additions, deletions, changes or revisions shall be made to such documents unless the Engineer's name and professional seal are removed from the document. Any reuse of documents prepared by the Engineer for purposes outside of the scope of this agreement including Work Authorizations issued hereunder without written verification or adapt ion by the Engineer for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Engineer. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for the County by the Engineer. Notwithstanding any other provision of this Agreement, all of Engineer's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Engineer. -2- ~ ......, 5. COMPENSATION The Engineer shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment "A". 6. SUSPENSION. CANCELLATION OR ABANDONMENT In the event the services of the Engineer called for under a Work Authorization issued pursuant to this Agreement, are suspended, canceled or abandoned by the County, the Engineer shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 7. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Engineer, the following items shall be considered a default under this Agreement: (1) If the Engineer should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Engineer should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Engineer disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Engineer shall only be -3- '-' -...; entitled to receive payment for authorized professional services satisfactorily performed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Engineer for all authorized professional services satisfactorily performed prior to the termination date. 8 . FORCE MA.JEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Engineer at the rates set forth herein, for the services performed by Engineer hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGNMENT The County and Engineer each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Engineer will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Engineer agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no -4- '-" """" longer provide the services required by this Agreement, the Engineer shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Engineer for unfinished work product. The County may elect to compensate the Engineer for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. AUDIT The Engineer agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Engineer involving transactions related to this Agreement. The Engineer agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Engineer shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Engineer shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Engineer in conjunction with this Agreement. 12. INSURANCE The Engineer shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Engineer shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub- contractors are used by the Engineer, it shall be the responsibility of the Engineer to ensure that all its sub- contractors comply with all the insurance requirements contained -5- ~ ....,,; herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS I COMPENSATION The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMMERCIAL AUTO LIABILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business -6- '-' "-" Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. PROFESSIONAL LIABILITY The Engineer shall provide and maintain for the period of this Agreement and for three years following the term of this Agreement, at its or their own expense, Professional Liability insurance on an claims made basis for a minimum of $1,000,000.00. E. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: -7- ......" ,"""" 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Engineer. The coverage shall contain no special limitations on scope or protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Engineer's insurance coverage required under this Agreement shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Engineer's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Engineer's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. INDEMNIFICATION The Engineer covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement This indemnification shall be to the extent of the insurance requirements set forth in this Agreement. The Engineer hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. -8- '-' ~ 14. PROHIBITION AGAINST CONTINGENT FEES The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Engineer, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. -9- '-' ...." 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be enti tIed to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMINATION The Engineer covenants and agrees that the Engineer shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 1 7 . VERIFICATION OF EMPLOYMENT STATUS The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18 . NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed: -10- .. '-'" ." As to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Utility Services Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Engineer: xxxxx 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 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. 19. COMPLIANCE WITH LAWS The Engineer, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Engineer, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Engineer shall act as the execution of as truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER -11- - ... '-' .,."" The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22 . CONFLICT OF INTEREST The Engineer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Engineer further represents that no person having any interest shall be employed for said performance. The Engineer shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Engineer's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Engineer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Engineer. The County agrees to notify the Engineer of its opinion by certified mail within thirty (30) days of receipt of notification by the Engineer. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Engineer, the County shall so state in the notification and the Engineer shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Engineer under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Engineer's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Engineer describing the services desired and providing a basis for compensation to the Engineer. 24. MEDIATION In the event of a dispute between the parties in connection -12- - '-' .."", with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 25. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Engineer and the Coùnty or its representative. At all times, the Engineer shall carryon the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 26. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations 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 Agreement, venue shall be 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. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -13- - '-' ...., BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: xxxxx BY: Print Name: Title: C:\JWL\FORMS\UTILITYCONTINUINGCONTRACT-99.WPD ATTACHMENT "A" -14- ---~ - - t '-' "'wtI AGENDA REQUEST ITEM NOr-6-B DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Utilities Department William R. Blazak SUBJECT: Extension of engineering Agreements with, Culpepper & Terpening, Mastellar & Moler, Inwood Consulting Engineers, Camp Dresser & McKee and Lindahl, Browning Ferrari & Hellstrom from September 30, 1999 to December 31,1999. FUNDS AVAIL. :N/A PREVIOUS ACTION: The Board of County Commissioners entered into a three year Agreement with five engineering firms on September 7, 1996 to provide engineering and related services to the St. Lucie County Utility Department RECOMMENDATION: Staff recommends approval of the contract extensions to allow for advertisement of a Request for Proposals and sufficient time to select firms and enter into a new agreement. COMMISSION ACTION: NCE: x] APPROVED ] OTHER: DENIED -- 2ll ./' , ,- f ...- County Attorney:X ,¡ '1 '., 1 Originating Dept:X ( L!f$(¿{tHJZ£LI Finance Director: (Chec or co\] only, derson Administrator Coordination/Sianatures Mgt. & Budget: Purchasing eß Other: if applicableJ____ Other: Eff. 5/96 '-' 'wi \,; ¡ BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissioners ft/ William Blazak, Utility Director v\JC\~' FROM: DATE: September 7, 1999 RE: Engineering Agreement Extensions BACKGROUND: In September of 1996 the Board of County Commissioners entered into Agreements with five engineering firms to provÍde services to St. Lucie County Utilities Department. The Agreements are for a term of three years and expire on September 30, 1999. When the Agreements were entered into there were no provisions for a typical annual extension. All five of the engineering firms are currently involved with projects throughout the various utility systems that St. Lucie County Utilities manage. The Utility Department is requesting that the 90 day extensions be approved by the Board to allow sufficient time for staff to advertise a Request for Proposals for engineering services. Sufficient time exists to complete the advertisement but past experience has proven that it is very difficult to form a selection committee and hold meetings to complete the process with all the other end of the fiscal year activities. The extensions would move this process to the end of the calendar year and provide ample time for the selection process. All of the firms have signed the extension amendments and they are attached for your review. The Request for Proposals as well as an Agreement have been approved by the County Attorney. The Purchasing Department is currently assigning the dates and times to the document so that advertisement can occur once the Board of County Commissioners grants approval. RECOMMENDATION: Staff recommènds that the Board of County Commissioners approve the extensions to the Engineering Services Contracts from September 30, 1999 to December 31, 1999 for the following firms: Lindahl, Browning Ferrari & Hellstrom, Inc. Camp Dresser & McKee Mastellar & Moler, Inc. Culpepper & Terpening, Inc. Inwood Consulting Engineers, Inc JOHN D. I3RUHN, District NO.1. DOUG COWARD, District No.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4· CLIFF I3ARNES, District No.5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561 ) 462-1153 TO: FROM: C.A. NO: DATE: SUBJECT: '-' "wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA Bill Blazak, USD Jim W. Lancaster, Assistant County Atro~ 99-1060 August 11, 1999 Continuing Contract Agreement Extensions Masteller & Moler, Inc ./ Lindahl, Browning, Ferrari & Hellstrom, Inc. ~ Culpepper & Terpening, Inc../ Camp Dresser & McKee, Incvl' Inwood Consulting Engineers, Inc.J Pursuant to your request, attached are the referenced Agreement Extensions for your review. If you are satisfied with the extensions, please have the engineers sign four copies each and process the extensions for approval by the Board. JWL/cab Attachment H:\99-1060.wpd '-' '-" AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this day of 1999, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida (the "County"), and LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. (the "Engineer"): WITNESSETH: WHEREAS, on September 7, 1996, the parties entered into a Agreement Between County And Engineer For Continuing Engineering Services (the "September 7, 1996 Agreement") wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, wastewater, and reclaimed water projects on a continuing basis through and including September 30, 1999; and WHEREAS, the parties have agreed to extend the term of the September 7, 1996 Agreement though and including December 31, 1999 on the same terms and conditions to allow the County to issue a request for proposals and award new agreements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 7, 1996 Agreement is hereby extended until and through December 31, 1999. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: /"". / WI~E~S~S : '1 1./ /I{/ / I 1;--0. -" (;[L-'U -r1l )I¿ rvl, fEL'tLi - I ' ,,',-- I 1 ' / .' 2f\~6L COUNTY ATTORNEY LINDAHL BROWNING FERRARI & HELLSTROM, INC. r-:l J \1/, I) . /7 _, ,;7 d By: ~kjú;~~i 0, î"-.JJfJ/it~!t,! . /1<- . .., . ..-,,~, 11 J Pr1nt Name: }ltiìf1/!..CJ jj. f£~ L '. / .-J- "J t-.. -," , IC .~/U bn i lf~!1 f, /'1 /J Ii / L, I !"j IIY'l ~ \-.. ../ r .~_ \..1 " I li- ~ ¡ /- Û' ~ ,,"---- Title: C:\JWL\AGREE\LBF&H-EXT-99.WPD '-' ....., AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this day of 1999, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida (the II County II ), and CAMP DRESSER & MCKEE, INC. (the II Engineer II ) : WITNESSETH: WHEREAS, on September 17, 1996, the parties entered into a Agreement Between County And Engineer For Continuing Engineering Services (the IISeptember 17, 1996 Agreementll) wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, 'wastewater, and reclaimed water proj ects on a continuing basis through and including September 30, 1999; and WHEREAS, the parties have agreed to extend the term of the September 17, 1996 Agreement though and including December 31, 1999 on the same terms and conditions to allow the County to issue a request for proposals and award new agreements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 17, 1996 Agreement is hereby extended until and through December 31, 1999. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ~~~.~ CAMP, DRESSER & MCKEE, INC. By: C/~~ .~~ Print Name: c. LA~j(e#,-k:. AD/?M~þ-:rA . ~ Title: tit c...~ ¡OlE' ~'Sl/) Ef".A--"-r C:\JWL\AGREE\CDM-EXT-99.WPD - '-' ....,¡ AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this 1999, between ST. LUCIE COUNTY, a Subdivision of the State of Florida (the "County"), and & MOLER, INC. (the "Engineer"): day of Political MASTELLER WITNESSETH: WHEREAS, on September 7, 1996, the parties entered into a Agreement Between County And Engineer For Continuing Engineering Services (the "September 7, 1996 Agreementll) wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, wastewater, and reclaimed water projects on a continuing basis through and including September 30, 1999; and WHEREAS, the parties have agreed to extend the term of the September 7, 1996 Agreement though and including December 31, 1999 on the same terms and conditions to allow the County to issue a request for proposals and award new agreements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 7, 1996 Agreement is hereby extended until and through December 31, 1999. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY - /1 WITNESSES: -.....:....; /J ( : !/!/lC(¿/ .~. ,!~CV7 _I I v 1"~- , ! (L (j P-ii;{/';;::~./¡j /fA$<-~ 7 ¡Ç/ MASTELLER & MOLER, INC. By: "ß cu.ttifvvttii&~~ Print Name: /;A12t 14_ HAi,7ðI.1.êP- Ti tl e : 7fZ.li.5 I þ~A,j-¡ C:\JWL\AGREE\MASTELLER&MOLER-EXT-99.WPD - ......, "",,' AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this 1999, between ST. LUCIE COUNTY, a Subdivision of the State of Florida (the "County"), and & TERPENING, INC. (the "Engineer"): day of Political CULPEPPER WITNESSETH: WHEREAS, on September 7, 1996, the parties entered into a Agreement Between County And Engineer For Continuing Engineering Services (the "September 7, 1996 Agreement") wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, wastewater, and reclaimed water projects on a continuing basis through and including September 30, 1999; and ' ~mEREAS, the parties have agreed to extend the term of the September 7, 1996 Agreement though and including December 31, 1999 on the same terms and conditions to allow the County to issue a request for proposals and award new agreements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 7, 1996 Agreement is hereby extended until and through December 31, 1999. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ "W~TNE SES: /J' :~'\ , ""' f-"'1' ___ \ r:-' ~ '" I / ' , . r ,~ '.V' ,",:, . ; ,,~ '--:....' J Îr ~U./---";: c./ "'\::; ;~I- ;., ¡::.." '~" ' I ¿ '--,:5 I! 'I .,.,/ ki- lL -'~ J:- - I ...... CULPEPPER & TERPENING, INC. :::Elf\~~~,~, \ ... Title: ~¡""'.......;,~æ.......-+ C:\JWL\AGREE\C&T-EXT-99.WPD J~:E·~:~:r~/·~· ;:,1J3 .j )':'/9 -- - ......,. """" AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this 1999, between ST. LUCIE COUNTY, Subdivision of the State of Florida (the "County"), CONSULTING ENGINEERS, INC. (the "Engineer"): day of a Political and INWOOD WITNESSETH: WHEREAS, on September 17, 1996, the parties entered into a Agreement Between County And Engineer For Continuing Engineering Services (the "September 17, 1996 Agreement") wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, wastewater, and reclaimed water projects on a continuing basis through and including September 30, 1999; and WHEREAS, the parties have agreed to extend the term of the September 17, 1996 Agreement though and including December 31, 1999 on the same terms and conditions to allow the County to issue a request for proposals and award new agreements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 17, 1996 Agreement is hereby extended until and through December 31, 1999. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~2~:v.2k~ ~.s:ili ,CQ~ Mœ- INWOOD ~NSULTING ENG~>RS, By: ~~IZ¥-- Print Name: Alex B. Hull INC. Title: President C:\JWL\AGREE\INWOOD-EXT-99.WPD '-" 'wtII , AGENDA REQUEST ITEM NO.~6-C DATE: September 7, 1999, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Staff is requesting permission to purchase a la' x 12' Storage building to be utilized as a temporary office for the North County Utility District. The building will cost $1535.00 delivered and anchored to County specifications. FUNDS AVAIL.471-3600-562000-300 Building Improvements PREVIOUS ACTION: see attached memorandum RECOMMENDATION: Staff recommends that the Board of County Commissioners approve purchase of the storage building to serve as a temporary office for the North County Utility District. COMMISSION ACTION: E: [X ] [ ] APPROVED OTHER: DENIED derson Administrator (1 l.,rq· ..;.::;.. ~L¡ County Attorney:X ;, \ ~ l,-,,/1 i " f. / , I t-r'U r/ !£.'·i . It, ./ Originating Dept:X \\j .\, t V)<.,' t,/ Other: Finance Director: (Check fór C9P7 only, if applicableJ____ \j Purchasing cß Other: Eff, 5/96 '-'" """'" /' i \..-- BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM FROM: Board of County Commissioners 11 William Blazak, Utility Director l\,k; 7T v TO: DATE: September 7, 1999 RE: Storage Building Purchase / North County Utility District BACKGROUND: With acquisition of the Holiday Pines Utility District several significant changes were identified through the acquisition process. One of the changes identified was to provide staffing of the facility 8 hours per day, five days per week. Prior to County ownership and consistent with the Florida Department of Environmental Protection, staffing of the facility was only required to be three and one-half hours. In an effort to provide a better level of service to our customers the Utility Department is providing available staff on site for eight hours per day. The on site staff will perfonn plant operation duties consistent with pennit requirements and will be available to provide customer service duties in a timely manner. Prior to acquisition by the County customers had to call the Utility office in Tampa, Florida then service personnel were dispatched. Establishment of this temporary office will pennit St. Lucie County Utilities the opportunity to establish communication with this Utilitiy District similar to all other operations. The office will have a fax to receive daily work orders and a computer for communication and record keeping purposes. There are no existing buildings suitable for location of temporary office space at the facilities. This temporary office would be utilized until such time as a pennanent structure could be constructed or other capital improvements occur that would allow for construction of pennanent office space. The proposed location of this office would be at the water production facilities which are heavily vegetated and would keep the office out of nonnal view of the residents. Two vendors within St. Lucie County currently offer temporary storage structures that Staff is requesting to purchase. Staff is suggesting that the lowest quotation from Thurman's in the amount of$1535.00, be accepted. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the purchase of the building from Thurman's for $ 1535.00. JOHN D. ßRUHN, District No.1' DOUG COWARD, District No.2' PAULA A. LEWIS, District No..3 . FRANNIE HUTCHINSON, District No.4' CLIFF ßARNES, District No.5 County Adminlstrotor - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561 ) 462-1153 AUG-24-99 TUE 13:52 THURMAHS 407 4644077 '-' rpalO?OSA.~ -....I Phono (561) 464-4077 Home (561) 4ð4-3531 SAM & VONNIE WATERS Ownera THURMAN'S 2775 North U.S. 1 FO/1 Pierce. Florida 34946 Date ~ - :J-. L\ ~ '\~ Name 5T )..0 C\ ~ Co· l)) I L \ '\ l c.,.S Address f'nÑ ~ 'P~t Wf\hs~ XFf. Ylcla-I/S'3 5 o~ ~ s oQ Model Truck Color # Third Brake Ught Front Slider Serial # DELl Ué1ZW / ft~x,Uðr'lBD INFORMED OF PERMIT & TIE DOWN REQUIRI!MENTS Sub Total Sales Tax Total $ Deposit Paid Balance Due ~ Received by: ~ç-;;~ ~--~,. 10/111 11>$ . P"(N~INÇ '1 NI:ANI P.01 ", 08/24/1999 14:05 551-455-9893 TEDS SHDS OF FP PAGE 01 ..... - IHEDI OF FORT PIERCE "TJIe OIáe.r MWllltfØN1 511Mf~ In F""'" ...."" 8810 South U.S. 1 pon St. L.uc:I.. FL 34852 Scott Farm.' (~e1) 405·8180 Fax(S81)465-D883 'lo f#"ffl 57 L ~ e::; ; e V 7i.l, 7:~ OS PEP7 ' po ,. íf· F'A- T h;A-? 9 ¡.¡ F_. "'(,1. - "~'3 r~ S.;¡ '::7>S -- -p-r f:£lU:.r. a b ø..{-;:.. í1 ~ . I /0 x ,Z- c: L t+S$/~ t:O 2- tu ~¡V ()~~. 1690 )$øu / / "AI / ,_ ",-rú. of . r,.. ~ /Of 3~ /(),. .e. v: 1.799 I"f Ih~S Zk P,.lo IL ï 4~t:!~ .1b -~ ðÞA,) yo., I. s;r:;; 1lA-NÎ-S ~øt1' '-" ....." -- AGENDA REQUEST ITEM NO.ð-6-D DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Permission to purchase refrigerated automatic samplers for North Hutchinson Island wastewater treatment plant and approval of Equipment Request #EQ99-230 & EQ99-231. The Replacement units will cost $4,700.00 each. FUNDS AVAIL.448-3600-564000-300 Renewal & Replacement Equipment (Balance $30,000.00) PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends purchase of two refrigerated sampling units for the North Hutchinson Island wastewater treatment facility. Staff recommends purchasing the ISCO sampling units at a cost of $4,700.00 each for a total of $ 9,400.00 and approval of Equipment Request EQ99-230 & EQ99-231. [ X] [ ] APPROVED OTHER: DENIED derson Administrator COMMISSION ACTION: County Attorney:X coordinat~~/,~atu~ Mgt. & Budget: T. Purchasing "...../:?. ,-,/17 Other: if applicable)____ Other: Eff, 5/96 '-' "'-' (\ -' . BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT MEMORANDUM WILLIAM ßlAZAK DIP.EGOP. TO: Board of County Commissioners DATE: William Blazak, Utility Director /1 ,f September 7, 1999 lU (iff' FROM: RE: North Hutchinson Island Wastewater Treatment Plant Purchase of Refrigerated Sampling Units BACKGROUND: When the North Hutchinson Island wastewater plant was constructed and placed on line in 1995 budget limitations prevented the expenditure of funds to upgrade the sampling units that were included in the contract for the facility. The Units that are currently in use are not refrigerated and require ice to be kept in place to properly function. Replacement of these units with a refrigerated type sampler would eliminate the possibility of the water quality samples being improperly stored and inaccurately reported. The Florida Department of Environmental Protection permit for the facility has specific guidelines as to the temperature at which the samples must be kept for accurate analysis to be performed. The existing units are aging and it has become difficult to maintain the constant temperature requirements consistent to assure accurate sampling information. Similar refrigerated units are in service at our South Hutchinson Island facility and our Fairwinds facility as well. These refrigerated units perform as designed and maintain the proper temperature levels consistent with permit requirements. Staff has researched the suitable products that are compatible with our existing electronic monitoring equipment located at the facility. Three manufacturers produce equipment that is compatible through an electronic inter-face to function properly: ISeO Model 3710 FR $ 4,700.00 ea. American Sigma 900A WRS1 $ 4,790.00 ea. Cerlic DWS-P $ 5,650.00 ea. Considering the comparative price quotes listed above, utility staff is recommending that the ISea Model 3710 FR be considered for purchase as the replacement equipment. Utility Staff originally budgeted the available funds ($30,000.00) for purchase of a portable generator. Equipment sharing among the various Utility Districts has demonstrated that the generator purchase can be delayed and purchase of the refrigerated units needs to occur to assure long term permit compliance. RECOMMENDATION: Staffrequessts that the Board of County Commissioners approve the purchase of two ISCa Model 3710 FR sampling units for the North Hutchinson Island WWTP for a total of$ 9,400.00 JOHN D. ßRUHN, District No.1· DOUG COWARD. District No.2· PAULA A. LEWIS, District NO.3. FRANNIE HUTCHINSON, District NO.4. CLIFF ßARNES, District No.5 County Administrotor - Douglos M. Anderson 2JOO Virginia Avenue · Fort Pierce, FL J4982 · Phone (561) 462-1150 · FAX (561) 462-115J fiJ CI) ::> ~ ......, 0 c:: fu 0 ~ .£2 0 13 f2 ('I) s::: 0 -2 ..... 0 ~ 0 0 .... ~ ( ) 53 10 §- E 6 UJ s;;; .~ 0 Q" ~ 0:: CI) fß .s 5- ('I) w ~ ( ) e ~ ZO :>: ':t (,) ':t OCT ~ en -Ø) Q" .~ UJØ) .S; ;::... 0) UJØ) .... i!:: .S; -- Q. '- ..... :IE 0:: ( ) ~ ~ .:c II) :lEe( ( ) ~ ðj Ow .Q Q" o¿ 0> 0 .... ( ) ~ W >...J ë ( ) :S ) ŒI t-e( W .~ ( ) 1::: :¡¡ Zo c ) 1tí 0 :) z ë ·5 s::: Q. Z ;:)UJ ;:, '- ) O- W W 0' E S;;; I- ::e ) '- ;::.... 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( ) 0) ....I ¡::: - Q) Q.:6 0) ~ ~ ~ ~ 'õ Q ~ LU :it a ~ w a:: z ~ I- W Z z ::E z w w ~ 0 ::E ::E c( ü) e:: e:: a. :> :;) :;) w a a c is w w · I p.IOl· j ! i , I Proposal: 0099-0037 Pleast' zeft:ence this num~ on aU Æiaied ror~sponde"'e. ] I ~by 01/2U1¡99 Delivery 10 f)~¡!r" Valid 30 DaJ(' Accvunt# 02UIIB; (1-r2'"'-9'~_.J...2: 391=' ". . ....,.J '-' S!lbmith!d to: Tom Ander.;on St. luc~e County BOCC 2..10(' "irj{il1.c'. Aw. F' rierce, J:L 31982·5652 Date: 01/12/99 Submitted by: Mik\t "amell lnq'.liry #I 1SCO Samplt!r J\lb# Tax ExemptID; 66-02"{ 17737-:;3C T~rms: Net 30 Daw Ship Via: UPS To!l: (561) 462-1155 Fax' (Sól) 462-129] l1\c1J"\lc you for Ïl'ur ÌI\t~r~t in AMI F.quipmer.t Corpor,\l1on. We i)fC plcased tll ~\, bmit tht:: following lor your apprc...·c\l. U you have! any questioN or require additional inf')rmaHon, plCi15C (¡¡II U~ 3t l·ROO-ß81·14.~7. Qty 1 Item Num 68-3730-010 Description &0 M.."dc1 3710FR Refriglff'c\ted S¡}n\pler, With 4 Gallon Poly BoUIe ¡SCO Vinyl Suction '.ìf\~, 3;8" ID x 25' With Poly IS. St~~¡ Strainer Price Ea(h 4,49.:;.0000 1 60·3704-072 00,0000 1 60-3704-037 125.0000 lOCO 4-20 Me1 Sampler 1nput rnterface FOB: De~tinati(\n Thank }'OU for }'\1\Jr inquiry. P1~~t' call if y,')u have an)' <}l.w!\til1"s. ~'8ardS, Mike Pame-ll Amc.,'\U\t .freight Ta1\ ¡:rci~ht is prc:paíd and will be added tu ~'''I,I r inv'licf, unlt'!i!i ~lthct\,,·ise stat~. Propos4t uœ:t-r )37: p¡Jg~ I ¡¡jt AMJ Equipment Curpørniion · t!t·O·~1·1487 . Tl.lta I I ! ¡ Total P c:e ·t,4·S.00 I i i ,0,00 I It'i,OO ! I I i I I I ¡ I i i I I i I ! $4.~.OO ~.oo ~.OO I i I $4,7C1p.OO ¡ I p.o. Draw~r 6..~211. Lakeiantl fL33007 * 1755 \Ak-st OJi"e Street, r...1kt'!1and. FL l:\~1!) 941-682-4...'; )() . Fax. 941-t87·0077 0 E·M,111: ,)m~'''ffic~__101.I.'"Oi'' I ! J '-- """ Q:~~å.n '1 .ft,,~~ f-i.':!. " l~..~,.."" ~.",.",..... .n ~.' Yo; ~pt.Jlenfalillfl' for . . . PRIMARY FL.OW SIGNAL¡ INC. cio ÅLPHA VALVE & CONTROLS. INC. P. O. Box 271444 "ïAt.1PA, FLORlDA 3-36ôS-1';'';'; I ! ..--.-""T--..................--.--..--, I _.~9..~!!~.L~_.J'-=,3 ~:!~.....__._. ..,.....J j :':-.:: ~~--:: f 1\\1 1\C::4f.'A ~nQ~ : '1 .._......_.-.~-... ."--.... ,..~- .- ...._, I t'''JOft::~ . ... TOM SUCCIONE 813-265.04300 813-968-5333 . ~..........JI...........,:..,... . ...-.-. TOl~~~~;..£!J.;~~_t-~=::· ~.TI·_" I.".,. t'. .. U . l' ", .. ~--: ~.... ~------ ......It.... .~...,._..... ...... ....._......"'.. FORT PIERCE FL..o¿49_~.Þ. T.E1.UHONE: 561-462-1155 FAX: 561-462-1297 -.-."." PRICING: ~.6Y; ............. I Pa~ECT: I We AN 'LfAUD TQ $IIIMIT TtC FO-.,¡.oWINQ PROI'OUL. fCft 'tOUft t:ONIIœJtATIOIII; ITEM QTy DeSCRJlfTICN UNIT PRIce TOT A&. PRICe 1 ONE AMERICAN SIGMA 900A~JRSl ALL WEATHER $4790.00 $4,790.00 REFRIGERATED SAMPL[R WITH 6 GALLON PO~YETHYLENE CONTALNER. ALSO IN- cLuDEs THE FOLLOW~NC: COMPOSITE TOBY. S(,PPORT FULL CONTAINER SHOT-OFF VINYL INTAKE TU~ING, 3/8" ID ~EFLON/S~AINLE~S STRAINER INTERFACE-CONV~TS {4-20mA) TO POLS S INCLUDES FRerJHT Nn $4,790.00 COlT F.O.B. FÞ,CTORY - Fuu. fREIGHT AU.ow£D · $HIH'M: ..J., TO.L. W!EXSAFTEft,vPROVAL ')( ,,= IJ ~ 5"'8'01! 00 · 8uawmAU: a TO 5 OI.\'$ AfTER RulUUT 'J · TERMs: NET3o.t)Ays.STAN04RDÌéRMSANDC;O!'lUIII(.¡NiiAP'i.'Ÿ. · NoTE: AaOIlE :"r.ICE INCLUDES COMPLm DocUMENTATION, SuIJ$T ANT'" TIOH. ANC OPERATIONS ANC "w:~re?l-":~t 1~A..·,~.~: !=t';Q'..!!~!~. '~~1I5 'IItMFQR 3G-DAYS. , .' Pa&c 1. Dale o5/i4/96, File TOMPFSQ,DO , ...urn ·1'41~:,I, ~"'ì""OJS.1JIC. Tom Buc;c:ioæ (BU) 26543 PrUzwy Flow Si&oaJ - Florida .Rcprcsc.nœli 'C 00-30-1999 11:3t5AI'1 I ! i I ! i ::AtNH;'~!~!J1~~'~' 'ér:~~$f'···"·'·1tl O"·.'lP. ., :~. ,'tÕ:$.~ "'~~fi9 1~;J.7r"'e:·IT =~";'JPM~~' 1 ! , , i ¡ J i ! ! i I ¡ I ¡ i ¡ ¡ \ i , i 1 i ! FROt'· ELLIS 1<. PHELOS lJPB FL. TO "561462129i P.Øl .....1Ie. . '-- .....,J 1Q¡ ': Ii: 1 'O":! ;.... " .. to' ..- ST. WClf COUNTY UTILITIES - rc:" ;t"OËns,~t1 August 30, 1999 SUBJECT: CERLIC Dws.P Wa art pleased to ofler' the iolto'lfing equipment: ONE (1) Cerlic DWS·P Sampler with Refrigerator PRICE: $5,650.00 plus taxes,FOB factory,with freighl allowable to jobsite THIS PROPOSAL WIll EXPIRE IN THIRTY (30) DAYS UNLESS EXTENDED IN WRITING BY ELLIS K. PHELPS" COMPANY . ~ WE 00 NOT SUPPLY PIPING,VAlVES,GUIDE BARS,PRESSURE GUAGES OR SPARE PARTS EXCEPT AS INDICATED ABOVE. . .,.~ru..~. ~I_C~~~~~ ~~ ~~~~;7 ;;;-=-¡:'~OYAL NET 30 DAYS AFTER DATE Of INVOICE OR 100% t"AfAöLf BEfORE START·UP OF EQUtPMEi'; ¡{=~- -- -- - - - -- - ----::: r ..--.--- -..,.. - - . -. ,;,:0NTH Will BE ADDED TO ALL BALANCES uNPAID 30. DAYS AFTER INVOICE DATE. FAILURE TO PAY IN ACCút-=.;.:="'" .__. no _ _ . THESE TERMS WILL VOID ALL WARRANTIES. CONOITIONS :1) Price is firm based on ollr receiving comp1et~ ~;';¡:-;--':-::; =;;- . -.---- ,-. I , . --- -- ~Ü'-'; (4) ~eks after drawings have been submitted by Ellis K. ¡ Phelps & Company I 2) PARTIAL BlLlING WilL BE MADE ON ANY PARTIAL SHIPMENT. ¡ We thank you for your interest in our equipment and look forward to being of service to you in I the near future. A SIGNED FACSIMILE COPY OF THIS PROPOSAL IS ACCEPTABLE AS A I BINDING CONiRACr . I I I i I i ¡ J ! i I i ¡ ¡ I I I ! ! 7 ;LP~& COMÞM~ ACCEPTED BY: _.._-_._.~--- -- ... ÇOMPANY; STEVE KISS DAn::; pea f) ~ ;, II> 5 . ',;" r.. ~.~ H (. F, C· ~ ; ~'A ...,.;.: . G ~ 1 . 3 1 9 - 12 a g , ; 14 )I ~ ~ ! . e 1 I. , 2 ~ ; APC~(,I. 0 if, r,¡YER$ 0 ~.1~f ~A~K 0 S~IIS."'HJ.h - .. - ...... - . ~ AGENDA REQUEST ~ ITEM NO. C-7-A DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: RFP #99-070 Recycling of Clean Wood Waste - Reject the one proposal received and re- advertise BACKGROUND: On July 28, 1999 proposals were received for the recycling of clean wood waste at the landfill. Thirty eight vendors were notified, five sets of RFP's were distributed and one proposal was received. The only proposer is Waste Corporation of Florida. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting this proposal and re-advertising the RFP to encourage additional participation. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attomey:(X) î Lj1 L4 Coordination/Signatures Mgt. & Budget: Purchasing Mgr,:(X) Other: CiS Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AGENDAS\BIDS\99-070 reject.wpd ~ ~ ~ ~ Q Z ~ -< ~ ~ I 00. .. ~ ~ ~ ~ ~ = 0 ~ ~ ~ rJJ. = j z u ~ I~ ~ 0 ~ 0 == ~ ~ Q ~ ~. ~ ....... ~ -< ~ Q -< ~ . Z Q oo.~ 0 ~ ~ -< . ~ oe ~~ ~ 0 ~ ~ 00. Q ~ ~ = Q .. ~ o~ ~ 00. -< o@ ~ 0 ~ ~~ 0 Z Z=" Q 0 ~ -<~ Z ~ ~ ~ ~ ~QC ~ ~N > U> ~ 0 ~~ Z ~ oS; ~ ~ Q~Z 0 ~ 0 U t---ZO ~ ~ ~:SQ ~ ~ ~ ="U~ 0 00. i ~>z ~ -< ~U~ ~ ~ ~~~ = ,-. ~ ~~o ~ ~ -..... ..- .....,. ....... ) '--' ~ ..,J / ( \., - - "".. '- ....",,; ITEM NO. c-78 AGENDA REQUEST DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: RFP #99-067 - Classification & Pay Plan Study - Selection Committee Recommendation BACKGROUND: On July 14,1999 Proposals were received for the Classification & Pay Plan Study. One hundred sixteen vendors were notified, nine sets of RFP documents were distributed and five proposals were received. Eight staff members were appointed to the selection committee. On August 5, 1999 the committee met for the first time. The committee short listed the proposers to three and elected to invite the three firms to give presentations to the committee. On August 25, 1999 representatives from Arthur Anderson, The Hay Group and Human Resource Performance Consultants gave presentations and provided samples of recent studies to the selection committee. On August 31, 1999 the selection committee met to formulate a recommendation to the Board of County Commissioners. The evaluation of the proposers included compensation. The selection committee ranked the shortlist as follows: Human Resource Performance Consultants Arthur Anderson The Hay Group In accordance with the St. Lucie County Purchasing Manual the Board of County Commissioners can approve the recommendation of the selection committee, or they can rank the proposers as they wish or they may elect to interview the proposers. FUNDS AVAIL.: Will be available in 001-1330-531000-100 Personnel-Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the shortlist be approved and permission for staff to begin negotiations with the top ranked firm. The contract will be brought back to the Board of County Commissioners for final approval. Approval of attached budget amendment to set up funds. H:\WP\AGENDAS\BIDS\99-067 recommend,wpd ~MMISSION ACTION: '--' ...,/ [29 APPROVED [] DENIED [ ] OTHER: /Î .;8: County Attomey:(X) l;~ Personnel Dept.:gç>::::':?f.>;: , . / "/'¡Þf' ~~ Finance: (Check for Copy only, if Applicable) H:\WP\AGENDAS\BIDS\99-067 recornmend,wpd nderson ty Administrator coordin.tio~t~~ Mgt. & Budget:(X) 'I ' Other: Purchasing Mgr,:(X) Other: d3 "" Eft, 1/97 ~ ~ ~ =. 00 z o ~ ~ -< ~ ~ = -< ~ ~ ~ ~ '-' ~ Q ~ ~ 00 z -< ~. ~ ~z ~r-l -< ~ . ~~~ ~=~ Z-<Q ~Q o~.. ~Q~ ~,O'\ -<~O'\ t'u~O'\ ~~z~ I~Z"; O'\~o~ 0'\00 =l:t:0000~ ~-<=~ ~~~~ =U~~ .. ~ ~ ~ = ~ o ~ Q ~ Q Z o ~ 00 ~ 00 = o Q~ z~ ~~ >~ ~o z~ ~< ~~ o~ ~~ ~~ 0= ~~ ~~ =z ~~ ....,,; 00 ~ z -< ~ ~ ~ lu ~ u z -< :a = o ~ = ~ z ~ ~ ~ 00 u = ~ s 0 z ~oo ~ ;J~ ~ 0= ;J =z = ø-< ~~~:a~ ~~~$~ ,-.. ,-.. ,-.. ,-.. ,-.. ~M~~~ l == I :z:J \..&UDGET AMENDMENT REQUEST F~ REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMS/Personnel September 1, 1999 September 7, 1999 TO: 001-1330-531000-100 Professional Services $50,000 FROM: 001-9910-599100-800 Contingency $50,000 REASON FOR BUDGET AMENDMENT: To fund Soard approved salary/benefit study. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $572,795 $50,000 $522,795 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 99-139 OMB:QP/GENERAUFORMS/AMENDMEN eff. 10/01194 "'-' ...,; FISCAL YEAR 1998-99 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 720,000 General TC Food Bank 5,000 01-26-99 General TC Opera Society 5,000 02-23-99 Administration Public Information Officer 25,932 03-02-99 Management & Budget Employee Appreciation Day 1,000 04-06-99 Management & Budget Pay Closing Costs 783 05-11-99 Administration Cultural Affairs Council 6,000 05-04-99 Management & Budget Create Public Access 30,000 05-25-99 General AT&T Phone Bills 38,480 07-06-99 Administration Cultural Affairs Council 3,760 07-19-99 Planning-Community Dev Impact Fee Study 16,250 08-1 0-99 Physical Environment Smithsonian 15,000 8-16-99 Total used: 147,205 Balance Available 572,795 Proposed action: Personnel Personnel Study 50,000 New Balance Available 522,795 G:\BUDGET\QUA TTR0\99BUDGET\GENERAL\RESERVES. wb3 09/01/99 ~ .....; HUMAN RESOURCE PERFORMANCE CONSULTANTS PCB 2683 Brandon, FL 33509-2683 8136578128 Voice 8136579127 Fax July 11, 1999 Charles Bicht, Purchasing Manager Board of County Commissioners, 2300 Virginia Ave Ft. Piece, FL 34982 Dear Mr. Bicht: A. Letter of Transmittal RFP # P99-067 Classification and Pay Plan Study On behalf of my firm and my sub-contractors I am pleased to submit our proposal to develop and implement a total compensation and pay plan, We have adhered to your format requirements in this response and I am authorized to bind the firm to the work proposed herein, ' Our team consists of the following members: · Mac McDowell, President, HRPC, I have over thirty years of experience in the HR field and am fully cognizant of local government human resource issues, During my career I have participated in a number of compensation and job classification analyses and am fully aware of the challenges involved in instituting changes in these systems, · Mr, Tom Gonzalez, Esq. Mr. Gonzales is a labor law attorney with extensive experience in all facets of labor and human relations, He will provide expertise in reviewing adherence to the FLSA as well as other relevant requirements, · Dr, Herb Marlowe, Dr. Marlowe is an organizational development specialist who consults with a wide range of public sector organizations on organizational design and change issues, In addition Dr, Marlowe possesses expertise in statistical analyses. He will be the project leader on the market analyses component of this project as well as responsible for financial projections for implementation and maintenance, 1 '-- \wi Together our team possesses over 75 years of HR experience. Based on this experience our approach to compensation and salary projects involves the following distinctive elements: · Extensive Interviewing of Staff. People take pride in their work and want their work recognized, If they do not have the opportunity to explain their work during a compensation analysis, they conclude their jobs were not really understood and are more likely to be dissatisfied with the project's results. For this reason we engage in extensive interviewing to ensure that at least a representative sample of employees have the opportunity to explain their work. · Compensation as One Component of a High Performance Organization. We always remember and build into our work an understanding that compensation is only one element of an effective organization, Our concern is to ensure that the compensation sub-system we design fosters high performance in other sub-systems and the organization as a whole. · A Mix of Quantitative and Qualitative Data. While a compensation project is certainly about numbers, numbers don't give one the whole story, Therefore we use both quantitative techniques and qualitative analyses to understand the work of an organization. · A Respect for Policy. Ultimately, compensation systems are public policy decisions. For example, do we want to be a market leader in payor do we want to be market competitive? We understand the policy dimensions of this work and coordinate closely with the Chief Executive to ensure the policy dimensions of compensation are addressed. · Teamwork. We work well together as a team and we work closely with appropriate staff to ensure all issues are surfaced and addressed in a timely manner, Appendix D contains some of our written work on compensation. We look forward to your review and would be pleased the have the opportunity to be of service to the County, COIiJdiaIlY, ! I . !If.} IV) ( 1') ¡ ltC c~ Mac McDowell 2 '-' Table of Contents ...." A. Letter of Transmittal B. Organizational Profile and Qualifications C. Scope of Work D. Compensation Appendix A: Resumes Appendix B: Technical Approach to Market Studies Appendix C: Job Description Development Method Appendix D: Compensation Papers 1 3 5 10 11 15 18 19 -- ~ '- ....".I 8, Organizational Profile and Qualifications. 1. Name of Firm: Human Resource Performance Consultants 2. Address and Phone: POB 2683 Brandon, FL 335098136578128 3. Leqal Form: Sole Proprietorship 4, Experience and Expertise: Human Resource Performance Consultants was formed in 1998 by Mac McDowell, a human resource professional with thirty years of experience in the field. It provides the full range of human resource consulting services including: · Human Resource Audit · Performance Need Analysis · Performance Planing and Review · Recruitment · Compensation/Benefits Study · LeadershipNision/Career Development · Customer/Client/Citizen Relation · Team Building/Conflict Resolution · Human Resource Policies/Handbook Development · EEO/ADAlFLSA Compliance · Diversity/Sexual Harassment Its current projects includes salary classification and studies for the municipalities of North Palm and Juno Beach and the provision of consulting services to Hillsborough Community College, University of South Florida, and the Tampa Police Department. It has been selected for and is negotiating to provide service for the Hillsborough County Sheriff and Tampa Housing Authority in the next two months. As an HR executive, Mr. McDowell supervised seven pay and classification studies for various public sector organizations. After establishing his consulting practice in 1998, Mr. McDowell has led the development of two studies this year. Both of these are in their final report stage at present. During Mr, McDowell's career, including human resource administration in the Air Force and executive leadership in human resources at Tampa General Hospital and the City of Plant City, he has developed a number of approaches to employee benefits, These include: . Managed the implementation of a pay for performance plan for over 3600 employees at the Tampa General Hospital. . Managed the implementation of a unique and innovative vacation and sick leave plan for the Tampa General Hospital 3 -- - '- """ · Completely re-vamped the entire Benefits Program for the City of Plant City · Implemented a non traditional Retirement Program for the City of Plant City Dr, Marlowe has extensive experience with Florida's counties and has provided organizational studies for the counties of Alachua, Broward, Charlotte, Lee, Palm Beach and Volusia, In addition to these formal studies he has consulted on ongoing organizational issues with Osceola, Sarasota, Gadsden, Martin, Hardee, Polk, Suwanee and Union counties, In addition he has provided studies and assistance for a variety of special taxing districts and regional entities including West Coast Regional Water Supply Authority, Southeast Volusia Hospital District, the Children's Board of Hillsborough County, W, Volusia Hospital District, Halifax Hospital District, the Juvenile Welfare Board of Pinellas County, the St. John's Water Management District, the South Florida Water Management District and the Southwest Florida Water Management District. 5. Responsible Individuals: Project Manager: M, McDowell. Mr, McDowell will be responsible for employee interviews, development of a classification plan and associated job descriptions, Dr, Marlowe will conduct the market study and resultant pay plan documents as well as implementation analyses. Mr, Gonzales will provide consultation to Mr. McDowell and Dr, Marlowe as needed. 6. Resumes. Resumes are provided in appendix A. 7, Professional References: References for Mr. McDowell: · Mr. Shaukat Khan, Finance Director, Village of North Palm Beach, 501 US . Hwy 1, North Palm Beach, FL 33408-4902 561 8483474 · Mr, Joseph La Bello, Finance Director, Town of Juno Beach, FL 33408, 561 626 1122, · Mr, Tony Smith, Executive Director, Polk County Opportunity Council, POB 160, Bartow, FL. 941 5330015 · Mr. Jerome Ryans, Executive Director, Tampa Housing Authority, 813251 0551 · Chief Bennie Holder, Police Chief, City of Tampa, 8132763788 · Dr, Gwendolyn W. Stephenson, President, Hillsborough Community College, 813253-5050 · Dr, Barbara Morrison-Rodriquez, Associate Dean, University of South Florida, FMHI, 8139741992 4 '- ~ References for Dr, Marlowe: · Ms, Dianna Cunningham, Palm Beach Criminal Justice Commission. 561 3552314 · Mr. Tim Boyer, St. John's Water Management District, 904 329 4105 · Dr, LuAnne Panacek, Executive Director, Children's Board of Hillsborough County, 8132292884 . Mr, Larry Arrington, Volusia County, 904 736 5920 · Mr, Rob Magnaghi, Osceola County, 407 847 1208 8. Bank Reference fHRPCl: Mr. Rick Massiah, Assistant Vice President, Provident Bank, 668 Oakfield Drive, Brandon, FL 33511 813651 1800 C. Scope of Work HRPC proposes the following steps to provide the County with a total classification, compensation and pay plan to ensure it is competitive in the marketplace. Step 1: Meeting with County Manager and appropriate other persons This meeting will review the planned process, discuss modifications, and finalize the time line, TASK 1: Development of Classification Plan Task One is the development of a new classification plan. A quality classification plan address not only the current work of the organization and how that work should be "classified" or "categorized", but also emerging and future work, A strong classification plan should provide the organizational with structural flexibility for the future as well as addressing current needs and issues, There are several tools that we use to meet these quality standards, These include: · Creation of skilled based career ladders that provide promotional opportunities that do not necessarily involve supervision functions; · Creation of broadly scoped positions which can be used in a variety of ways and allow for job rotation and job enlargement; · Job titles that accurately describe the work being performed · New job titles and descriptions which reflect emerging positions that are being created via technology, regulation, or community need, 5 '-' ......, · Job descriptions themselves that are accurate and capture the essential work being performed, HRPC engages in the following activities to develop a classification plan with the above features, These activities include: · Interviews with employees individually or in groups; · Interviews with supervisors or others familiar with the position's duties; · Written surveys of job functions; · Review of existing classification documents; · Review of job titles used by other organizations; · Review of future trends literature to determine emerging jobs; · Iterative review with the management group or project oversight group of proposed and potential job descriptions, Appendix C describes the process used by HRPC to develop job descriptions, Product: A Complete Classification Plan with recommendations regarding existing and new positions TASK 2: MARKET STUDY Concurrent with, and subsequent to the final results of task 1, HRPC will conduct a market survey to determine competitive salaries for the positions established in the classification plan. The technical methodology for the study will be found in appendix B. By way of overview, our method consists of identifying comparable markets for each position. For example, the market for a custodian position is likely to be highly local. The market for a county manager or county attorney however is a state-wide market. Once the market is identified, a sample is drawn and a statistical analysis conducted to determine average and percentile salary ranges for the position in question, Once technical adjustments are made, a recommended range is developed, Market data will therefore be drawn from a variety of sources, dependent upon the position. We normally draw upon other local governments, such as the City of Fort Pierce, the School Board and adjacent counties. In addition State of Florida and Southwest Florida Water Management District comparable positions are used when appropriate, In addition to these original data sources we rely on a number of data bases for non-local positions including Department of Labor data, Florida League of Cities data, the Florida Public Personnel Association data base and our own proprietary data base, To ensure objectivity in this aspect of the project, Dr, Marlowe conducts this study without knowledge of individual incumbents in each position. When position titles are unclear or there is an anomaly in the comparable data, Mr, McDowell is requested to review job descriptions from various comparison sites 6 --- \w '-II to ensure that similar positions are being reviewed, This data is provided to Dr. Marlowe without identification as to incumbent. For each position in the new classification plan an analysis will be conducted to determine market ranges, Product: A market comparable data base from which a pay plan and salary schedule can be developed, TASK 3: DEVELOPMENT OF PAY PLAN In this task the data of the first two steps will be combined to produce a proposed pay plan with pay rates and a salary schedule. This task will consist of the following steps: Step 1: Evaluate Existing County Compensation Plan HRPC will obtain, in step 1, all relevant documents that describe the County's current compensation approach. These will be reviewed to determine [[a] legal and statutory adequacy; [b] comprehensiveness in terms of compensation tools available to the public sector; and [c] appropriateness of current methods, Product: Report evaluating current plan and any recommendations for change, Step 2: Comparison of Existing and Proposed Plans HRPC will compare the existing and proposed plans to determine: · Positions that should be re-classified; · Positions in which minimum entry levels should be adjusted; · Positions in which maximum salary levels should be adjusted; · Positions in which both minimum and maximum levels should be adjusted · Positions in which the bandwidth [ratio of maximum to minimum] is too narrow or broad; · Positions for which no adjustment is required, Product: Phase 1 Recommended Pay Rates and Salary Schedule Step 3: Internal Equity/Compensation Competitiveness Recommendations After review and discussion of the step 2 product with county staff, HRPC will identify appropriate tools to ensure internal equity. The issue under examination at this point is the impact on other staff if salary adjustments are 7 \w ~ made. Specifically we are concerned with avoiding salary compression and creating inadvertent inequities, Among the tools we may use in this step are: compression analyses, job specific market surveys, job task analysis, turnover analyses, length of vacancy analyses and other tools as appropriate, Product: Recommended Pay Rates and Salary Schedule, Optional Step 4: Alternative Reward Methods Recommendations For selected executive and management positions, if requested HRPC will present one or more alternative reward systems, This may include bonuses, performance contracts, financial incentives tied to organizational performance, financial incentives tied to community benchmarks including a hypothetical "market value indicator", or other such methods as appropriate. Product: Recommendations regarding an alternative reward system, Step 5: Develop Support Materials for Plan Maintenance and Updating HRPC will develop the following materials to ensure that the compensation plan is maintained and updated as needed: a, Recommended procedures and master schedule for internal and external equity analysis b, Pay plan manual c, Training modules TASK 4: IMPLEMENTATION Once the proposed pay schedule has been given preliminary approval, HRPC will conduct an implementation analysis, Since there are a number of options for implementing a new salary schedule, HRPC will provide a variety of scenarios for the County to consider, These scenarios are provided below following a brief discussion of the issues involved. The key organizational issue of a revised pay plan is employee morale and perceptions of equity. In a project such as this it is very difficult to keep all of the people happy all of the time. Our experience is that there are two sources of discontent. One is with the new schedule itself and the belief that "my position" was not accurately treated. We place great emphasis on employee interviews as one way to minimize this criticism. The second source of discontent is on how the new schedule is implemented. At this point cost of course is the significant issue and we provide you with options of both time and approach. In implementation there is great employee concern 8 '- ...".¡ with equity and "how come Joe got this and I didn't", We must be sure our procedures are clear and logical so that that question can be answered directly, To achieve these goals we will provide a range of options that address time variables and various compensation adjustment approaches. With respect to time we will provide the one, two and three year models requested in the RFP, With respect to various adjustment approaches our standard approach is to offer five models: · Minimum only, In this approach the only impacted employees are those persons below the minimum, These persons are raised to the new minimum. · Minimum plus 1 %, In this approach all employees below the minimum with less than one year of service are raised to the new minimum. Persons below the new minimum but with more than one year of service are raised to the new minimum plus 1 %. All other positions within the class are also raised by 1 % to avoid compression. · Minimum plus 2%, In this approach all employees below the minimum with less than one year of service are raised to the new minimum. Persons below the new minimum but with more than one year of service are raised to the new minimum plus 2%, All other positions within the class are also raised by 2% to avoid compression, · A combination of A, B or C with a pay adjustment for any upward re- classifications, If for example someone is reclassified from an Equipment Operator 1 to an E02, they would receive a "promotional" pay increase even if they were within the pay ranges of the new position. · A combination of A, B, C, and D with special adjustments for persons who have already experienced compression and for persons whose positions have been mis-classified. TASK 5 FINAL REPORT Based on the above steps, HRPC will issue a report on recommended salary ranges, adjustments needed for internal equity and external equity, any benefit changes, alternative reward systems for senior managers [if requested] and any other changes that will provide a total compensation approach for the County. This report will be presented to senior management and the County Commission, 9 \.i ......,¡ D. COMPENSATION A cost by task analysis is presented below, Hourly rates are calculated at $85 for on-site activities and $60 for in-office activities, Actual expenses for travel, phone, materials, etc are calculated at 20% of fee for on-site activities and 10% for in-office activities, Activity: Fee: Expenses: Total: Pre meeting: $500 $100 $600 Task 1: Classification Plan $20,850 $3,360 $24,210 Task 2: Market Study $9,540 $954 $10,494 Task 3 New Pay Plan $4,880 $616 $5,496 Task 4 Implementation Analysis $3,080 $376 $3,456 Task 5 Final Report $1,780 $212 $1,992 Totals: $40,630 $5,618 $46,248 Total Fee: $46, 248,00 10 \w ....,¡ APPENDIX A: RESUMES Biographical Profile of Mac McDowell Mac McDowell is President/CEO of Human Resource Performance Consultants, Most recently he served as a consultant to the Management of the City of Plant City, Florida, where he served as Administrator of Human Resources and Risk Management. He established the Human Resources and Risk Management Department. He led a complete performance Assessment of the city, A thorough Risk Management Assessment of the entire area of the city was conduct for the purpose of identifying unsafe conditions and adequate insurance coverage. Mac McDowell served as a Senior Advisor as Director of Human Resources at Tampa General Hospital, Tampa, Florida for over five years, He was responsible for all services; to include, but not limited to Employee Relations, Benefits, Health Services, Recruitment, Labor Relation, Compensation, Workers Compensation and other areas, In this role he was responsible for a budget in excess of 28 million dollars. McDowell's previous Management and leadership experience were gained as Administrative/Personnel Administrator and First Sergeant and other key positions in the United States Air Force, Mac graduated from the University of South Florida with a Bachelor of Science in Social Work and Counseling, He completed work toward a Master Degree in Public Administration at Golden Gate University. He is the recipient of numerous certificates of training in management and leadership, Mac has held professional memberships and offices in several organizations and associations to include the Society for Human Resource Management and Florida Public Personnel Association, Member of the Tampa Chamber of Commerce Drug Free Workplace Committee and Brandon Chamber of Commerce Education Committee. Also a member of the North Tampa Chamber of Commerce, Mac has served as Chair of the City of Tampa Chief of Police Advisory Committee, He presently serves as Chair of the Children's Board of Hillsborough County Advisory Council. Member of the County/City Community Awareness and Action/Response Team. He also has Chaired Committees for the Mayor's Task Force for the Tampa Housing Authority, Served on the City of Tampa Code Enforcement Board. The Tampa/Hillsborough Public Television Access Board, Mayor's Chief of Police Search Committee for the City of Tampa. Other Search Committees has included but not limited to, Executive Director of the Children Board, and Campus Presidents of Hillsborough Community College, 11 '-' '~ Thomas M. Gonzalez Labor Law Issues - Thomas M. Gonzalez. Mr, Gonzalez has practiced labor relations law since 1975. He is a partner in the law firm of Thompson, Sizemore & Gonzalez, The firm provides high quality legal services to governmental entities in managing their employees, labor organizations, and appearing before courts and agencies regulating any aspec of the employment relationship, Their major emphasis is helping clients prevent legal problems by having sound personnel policies and practices, including effective training programs. Mr. Gonzalez was educated at Tulane University and Florida State University's College of Law, He served on the Executive Council of the Florida Bar's Labor and Employment Law section. He served as President of the Hillsborough County Bar Association, the youngest person ever to serve in that capacity, and is a past member of the Board of Governors of the Florida Bar, He is listed in the publication, America's Best Lawvers. 12 '-' ....,¡ Herbert A. Marlowe, Jr., Ph.D Education: Ph,D, University of Florida, 1984 Ed,S. University of Florida, 1974 M, E. University of Florida, 1974 B.AE. University of Florida, 1968 Experience: Organizational Development Consultant, U,S, Navy, 1971-72, Organizational Development Consultant, Florida Mental Health Institute, 1974-1984 Research and Evaluation Manager, Center for Training for the Environmental Occupations, University of Florida, 1984-1987, Assistant Research Scholar, Institute for Higher Education, 1987 - 1992, President, Analytica, 1987 to present. Consulting Experience: Twenty Five years of organizational and management consulting at federal, state and local levels. Extensive experience in the last ten years with Florida counties. Selected Publications & Presentations: · Managing conflict in Council-Manager Cities. Public Adminjstration Times, 1998, · Development & Evaluation of the Organizational Trust Inventory, Evaluation Review, 1997. · Performance measurement and Total Quality Management (TQM) in the public sector. Public Productivitv and Manaç¡ement Review, 1995, · Using ego energy in a public organization. In R. Kilmann [Ed.], Manaç¡inç¡ Eqo Enerç¡y, SF: Jossey-Bass, 1994. · The Re-ing of local govemment: Understanding and shaping governmental change. Public Productivity and Manaç¡ement Review, 1994, · Innovations in public budgeting: Applying organizational development processes to downsizing, In A. Khan, et.al. (Eds.) Case Studies in Public Budç¡etinq and Financial Manaç¡ement. Dubuque, IA: Kendall/Hunt. 1994 · Performance measurement and TQM in the public sector. The Public Manaç¡er, 1993, · The collapse of consensus in Florida. Florida Association of Counties Annual Conference, 1992. 13 ~ .~ · Changing the deep structure of a public organization: Using the punctuated equilibrium paradigm to guide productivity and quality improvement programs. In Sumanth, et al. (Eds.) Productivity and Quality Manaqement Frontiers- IV, Norcross, GA: Industrial Engineering and Management Press, 1993, · Organizational effectiveness enhancement under Total Quality Management (TQM) in a non-manufacturing setting. In Sumanth, D. J" et. al. (Eds.) Productivity and Quality Manaqement Frontiers- IV, Norcross, GA: Industrial Engineering and Management Press, 1993, · Solving multi-year budget problems in a single budget cycle, Public Manaqer, 1993, · The application of organizational development processes to downsizing: A cognitive view, Journal of Manaqerial Psycholoqy, 1992, · Workplace literacy in the Water industry. American Water Works Journal. 1992, · Creating a high performance utility: The link between culture and organizational health. American Water Works Association Joumal. 1992, · Creating self-renewing capabilities in a Water Utility: Lessons learned fro analysis and action in creating a learning organization. American Water Works Annual Conference, 1991, · The learning organization: Implications for trainers, American Society for Traininq and Development Technical Conference, 1990. · Managerial stress in corrections personnel. · The structure of social intelligence. Journal of Educational Psycholoqy, 1986, · Manaqement and Supervision Skills, Atlanta, GA: Southern Regional Education Board. 1985, · Interpersonal Relationship Skills, Atlanta, GA: Southern Regional Education Board, 1985, 14 \w ''wt1I1 Appendix B: Technical Approach to Salary and benefit survey. With a clear and updated set of job descriptions, ANAL YTICAHRPC can conduct a salary and benefit survey, This survey will develop the following data for each position class: · Minimum salary · Entry salary practices [Use of Minimum plus 10% policy for example], These data will be developed to determine actual starting salaries for the position] · Current salaries and length of tenure · Maximum salary · Maximum salary extension practices [Practices that allow payments beyond the stated maximum such as one time bonuses, etc] · Non-salary calculated compensation [educational allowances, etc] · Non-monetary compensation practices [time off, sabbatical, etc,] The step will consist of the following steps: · 1, Finalize list of comparable organizations, · 2, Collect wage and benefit data, HRPC will survey the comparable organizations to determine their salary ranges, benefit packages, actual salaries and other relevant information. · 3, Comparative analysis, With the above information in hand, and the updated job descriptions, HRPC will develop a updated salary range for every position, · 4, Internal Equity Analysis, Using the updated salary ranges, HRPC will then review for internal equity, This will be an analysis of any compression dynamics at work as well as a comparison of position salaries by education, training, and experience requirements, The result of these analyses will be the following: · A market compa-ratio for each position's current salary using market mean averages at entry and five year increment points, This ratio will enable the client to determine whether its current pay for the position is equal to, above or below market average, · A market compa-ratio for each position's current salary using market medians at entry and five year increment points, This ratio will enable the client to determine whether its current pay for the position is equal to, above or below the median salary paid by its market competitors 15 \w '...."J . A market compa-ratio for each position's total compensation using market mean averages at entry and five year increment points, This ratio will enable the Client to determine whether its current total compensation for the position is equal to, above or below market average, . A market compa-ratio for each position's total compensation using market medians at entry and five year increment points. This ratio will enable the Client to determine whether its current total compensation for the position is equal to, above or below the median salary paid by its market competitors, . 5, Recommended Changes. Based on the analyses of 3 and 4, HRPC will formulate recommended changes in the salary and benefit structure as well as other personnel related changes, . 6, Workshop with CEO. With the above information in hand, HRPC will review the updated salary ranges with the CEO and other key persons to ensure all issues have been addressed and no positions mis-classified. The market based approach is described in greater detail below. MARKET BASED ANALYSIS PROCEDURES In a market based salary analysis comparable positions are selected using a multi-step procedure designed to obtain a minimum sample size of five [5] comparable entities, This multi-step procedure consisted of the steps, These steps are modified for county-wide clients or municipal clients that border on the county line, Step 1: If minimal sample size requirements can be met, compare the Client's positions to those of other public organizations of like size in the same county, Step 2: If minimal sample size requirements cannot be met via step 1, and positions are relatively independent of community size, compare positions to those of other public organizations in the same county, Step 3: If minimal sample size requirements cannot be met via steps 1 and 2, compare positions to those of other public organizations in adjacent counties. Step 4: If minimal sample size requirements cannot be met via steps 1 - 3, compare positions to those of other public organizations of similar size throughout Florida. 16 '-' \wtI1 Step 5: If minimal sample size requirements cannot be met via steps 1 - 4, positions are compared to established positions which require similar levels of skill, experience and education, Once the sample size is determined and data collected, an outlier analysis is conducted, Any organization whose pay range differed significantly from the rest of the sample [defined as entry pay 25% below or above any other member of the sample] is deleted unless there is some overriding reason to retain the organization, This outlier elimination serves to eliminate positions with similar titles but different functions, This step leaves an adjusted sample, With the adjusted sample, a full range of statistical analyses are then conducted, This analysis calculated means, modes, medians and percentiles, These were reviewed to determine if there was significant skew due to calculation method, Unless there was, percentile results were selected for further analysis, The value of the percentile approach is that it enables one to simply compare the salaries of one organization to the sample group as a whole. ' Clients can select where they want to position themselves in the pay market. For example, if one organization wants to be the market leader then they may choose to pay at the 75th percentile level. This means that their pay scale will be approximately higher then 75% of the marketplace, Another organization may want to stress cost efficiency and choose to pay at the 25th percentile level. This means that 75% of the market will pay more than they do, Finally, an organization may wish to pay fair market value for employees, This means they will be at the 50th percentile, In our recommendations we traditionally recommend that the client pay at the 50th percentile level for both minimum and maximum pay levels unless directed otherwise, This assures the client that its salaries are market comparable and that it can emphasize less tangible benefits of working for its organization in its recruitment. It does not open anyone to the criticism that the organization's workforce is overpaid or underpaid. 17 '- ...., Appendix C: Job Description Development Method Review and updating of job descriptions All job descriptions will be reviewed and updated as needed to ensure accuracy and compliance with relevant federal or state policies, This review will consist of the following steps: · 1. Interviews with managers to determine areas of concern. HRPC will interview managers to determine areas of concern, These meetings will also review various survey formats to determine which survey form would be appropriate for each work group. · 2 Job analysis survey. HRPC will provide each employee the opportunity to complete a job survey describing their work. · 3, Job description updates, Based on the information gathered to date, HRPC will prepare an updated set of job descriptions, · 4, Job description review, ,HRPC will review with the appropriate managers the revised job descriptions to ensure they are accurate and acceptable, 18 '-' ....", Appendix D: Approaches to Compensation Paper #1: A Glossary of Innovative Practices in Compensation and Performance Appraisal Author: Herbert A, Marlowe, Jr. Date: February 14, 1999 Distribution: Limited for review and comment only, not for publication 360 deqree. Evaluation systems in which the person being rated is rated by peers, supervisor [or supervisors] and persons they supervise, Competency Based pay, Compensation tied to demonstrated knowledge, skills and competencies critical to the organization, Gainsharinq. Financial renumeration systems based primarily on documented savings that a work group of some size has generated through various efficiencies, Usually appropriate more for a work unit of a division/department size than a work team because the efficiencies are usually division/department- wide or require department-wide effort. One-time, on the spot bonuses. Rewards provided "on the spot" for exemplary performance, Pay for Knowledqe, Compensation based on acquisition of skills and credentials. Pay for Performance. Systems in which pay is tied to one or more indicators of performance. As opposed to pay based on longevity, seniority or some other non-performance measure, Performance Bonuses, Bonuses tied to performance over some time cycle and to achievement of pre-specified goals, Skill based pay. The same as pay for knowledge and competency based pay, Special Awards Proqrams. These programs take a variety of forms, They are all designed to recognize individual or team performance of an exemplary type. Rewards may be financial, recognition or time, Team Based PaylTeam Performance pay, Compensation systems in which part of one's bonus, annual increase, or portion of pay beyond base pay is tied to the performance of the work team of which one is a member, 19 '-' ~ Paper #2: Instituting Integrated Performance Management: An Accomplishment Based Approach to Performance Evaluation Author: Date: Distribution: Herbert A. Marlowe, Jr, February 14, 1999 Limited for review and comment only, not for publication Why a new approach? We begin with two quotes from one of the nation's premier experts on performance evaluation. "Traditional performance management does not encourage a focus on cooperation, teamwork and the "big picture", It has a tendency to fragment an organization. " "More specifically traditional performance management systems can foster a lack of collective responsibility for the achievement of organizational goals, encourage competition rather than cooperation, and can impede the development of effective teamwork," Robert Bacal. Performance Manaqement. New York: McGraw Hill. It is our position that traditional performance evalu~tion systems were designed for a mechanical, industrial age in which each individual action is isolated and can be treated as a mechanical action. While every organization has some parts which operate [hopefully] like a well-oiled machine, the machine model of organizational performance has long been superseded. Instead, we think of organizations as systems, as organic bodies, as learning organizations. To respond to the weaknesses of traditional performance management, Analytica has developed a distinctive approach to performance evaluation systems as part of its overall integrated performance management system, We call this accomplishment based performance management. It's major features include: CJ Focus on organizational accomplishments, It is our belief that employees should be evaluated on their contribution to the organization's accomplishments, Any work, no matter how well done, that is not directly tied to organizational accomplishment, should be considered for elimination from the organization, 20 '-' ......, CI Team work appraisal and reward, While each of us is responsible for our work, few of us can accomplish our work without the cooperation of others, The question is how to reward team work, This is too complex an issue to address in full in this brief concept paper. At this point we would simply say that the key to effective team appraisal is clarity about the team's accomplishments and clarity about what tasks have to be done to achieve those accomplishments, It is also important to note that traditional performance evaluations can actually discourage team participation and contribution, CI Realistic Rewards. We believe there are several important features that should be built into any reward system, These are: ./ Individuals get multiple rewards from the workplace. Financial reward is significant, but it is not the only reward that is important to employees, Challenging work, time flexibility, recognition, professional development are some of the other important rewards. ./ Rewards loose their power when they are used continuously. Intermittent rewards are much more powerful. ./ Rewards loose their power when used singly, A combination of rewards is more powerful. ./ One of the most effective ways to find out what rewards can truly be effective is to ask employees about tradeoffs, For example, would they rather than an additional 0,5 percent raise or flextime? CI Real-time Feedback The weakness of the annual performance review is that it can be far disconnected from actual behavior. If the goal is to improve organizational accomplishment, then feadback in real time is much preferable to annual feedback, While a formal summing up of performance can be useful, if it is the only feedback the employee receives it is of little operational value. CI Beyond Quantifiability & False Objectivity The more quantifiable and measurable a standard is, the less relevant it becomes, It is easy to measure the trivial, but it is very hard to measure what is important in an objective way, In fact many, if not most of the important facets of a job, cannot be measured in a truly objective manner. Making subjective judgments is necessarily part of an appraisal process. To pretend otherwise is to assume that every act of friendliness, every act of cooperation, 21 '-' ...", every judgment call can be simply and easily quantified, Human behavior is too complex and dynamic for simple counting, This reality however must not stop us from assessing performance and contribution. It simply requires us to take full responsibility for making such judgments, and not avoiding that responsibility through a reliance on simple numbers that give a false appearance of objectivity. 22 ~ ..""" Paper #3: Why Externallncentíves, such as money, Fail- and What to do About It Author: Herbert A. Marlowe, Jr. Date: February 14,1999 Distribution: Limited for review and comment only, not for pUblication The concept of tying compensation to individual and organizational performance is intuitively correct and fits with our belief that hard work should be rewarded. Practically however, this is easier said than done, Incentives systems often fail and sometimes are even counter-productive, This table briefly identifies the major reasons why various performance linked systems fail and what can be done about it. Reason for Failure Lack of Necessity - People were alread doin a ood ·ob. Secrecy - If compensation is supposedly secret, then false assumptions can be made about who is ettin what Pay doesn't match performance - There are system inconsistencies in which poor performers get equal or nearly equal what satisfactory erformers et. Expense - it is too expensive to give meanin ful a increases, Too big or too small - either the rewards are so large too few people get them or small enough for lots of people to get them but too small to seem si nificant. Short-term vs Long term - if the rewards are based on too short a period of behavior, the organization's long term interests may not be served, If it is too long a period, there may be no perceived link between behavior and reward, Objective vs Subjective - Purely objective factors miss some important organizational dynamics such as cooperation while purely subjective measures are seen as unfair, 1m ortant work can't be uantified- The Fix Leave well enough alone. Sunshine, open records Do what you say you are going to do and hold supervisors accountable. Add non-financial rewards. Refocus rewards on hi hest level erformers. Add non-financial rewards and a broader scope of rewards. Analyze carefully to determine that a sufficient number of persons get the reward for there to be an or anizational im act. Analyze short term rewards from the perspective of contribution to long term organizational effectiveness. Develop a mix of reward systems which have some immediate feedback components, Acknowledgement up-front that no system is truly or fully objective, Development of multi-methods to minimize perceptions of unfairness, More emphasis on outcomes important 23 '-' therefore the appraisal itself doesn't always measure what is really im ortant. Incentives fail to recognize the interdependence of work - individual I rewards discourage team effort or I individuals are judged on points over which the do not have full control. Pay is not a motivator - numerous studies show that pay is not a prime motivator at work, Rather it usually falls behind challenging work, the chance to use one's talents, the chance to develop new skills, a colle ial work lace, Rewards inadvertently punish - all too often employees experience rewards as an attempt at manipulation or control and consequently resent the reward even as they take it. Rewards rupture relationships - Scarce rewards foster competition, If we want [and need] for people to work together as a team, it is usually counter- productive to make them compete with each other. Rewards discourage risk-taking, Many . people will only do just what they have to do to get the reward. What we want is maximum effort, not minimal. Rewards undermine interest - People spend more time thinking about how to et the reward than the do the 'ob, Rewards foster mis-communication or lack of communicationlinformation. We have a tendency to withhold or distort information if we think it will lead to a poorer job evaluation. Distorted information harms organizational performance, '-" to customers [internal or external] Institute team based incentives Employ the full range of organizational involvement and improvement tools. Use techniques ranging from job enlargement and job rotation to organizational culture change. Carefully examine the assumptions on which your system is designed against scientific findings of what actually motivates behavior. Periodically assess how employees view the various s stems that au have in lace. Carefully analyze within your organization where competition may be productive, if anywhere, and where collaboration is required. Design the reward system to produce the needed or anizational results. Create stretch goals, Reward incremental achievement rather than an all or nothing, Foster intrinsic rewards that the person is willing to strive to achieve. Ensure a full range of intrinsic rewards is in place so that the extrinsic reward of mane does not become dominate. Distinguish between normal mistakes and repeated mistakes. Reward people for admitting and learning from mistakes. Don't substitute reward systems for the hard work of good management which is always trying to surface and address what is actually ha enin in the or anization. 24 - ,. - ... I "-" AGENDA REQUEST ...." ITEM NO. C-?-C DATE: September?, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Treasure Coast Courier Service, Inc. contract extension BACKGROUND: This is the first of two one year renewal options for courier services. FUNDS AVAIL.: 001-1320-534000-1 00 Purchasing Department Operating Budget PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of this request for a contract extension and authorize the chairman to sign the contract extension. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Originating Dept: Purchasing Mgr,:(X) Other: cB County Attomey:(X) en' ~4/ CQo~'n.t'~~ Mgt. & Budget:(X) Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft, 1/97 H:\WP\AGENDAS\OTHER\TC Courier extension 99.wpd ~,... .. - .. l ~ ....,¡ /'\ \.... IC CONTRACT EXTENSION THIS CONTRACT EXTENSION, made this _ day of . 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "COUNTY'), and TREASURE COAST COURIER SERVICE, INC., (the "CONTRACTOR"). WITNES SETH: WHEREAS, on October 1, 1998, the parties entered into a Contract wherein the Contractor agreed to provide the County and its respective departments and officers with interoffice mail service and to provide delivery of items from the Purchasing central stores warehouse. WHEREAS, the parties have agreed to exercise the first of two options to extend the term of the Contract for an additional term of one (1) year for the inter-officemail service only on the same terms and conditions. NOW, THEREFORE, in consideration of the mutual promises contained herein, the October 1, 1998 Contract is hereby extended until and through September 30,2000 fot the inter- officemail service only. Except as extended herein, the remSlining tenns and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMl\1ISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TREASURE COAST COURIER SERVICE, INC. r\· / ;/i()!&, / II, CL- BY: I \L,.' j fc·tO ù' F-f~,_>_!A___ AUTHORIZED OFFICER r ~ -- ; ,^ (' i.J., ,L Print i~ ~_t¡-::~L-1-¡ 6- t j ~.~~\ 9d:·.:...., WA...~~~......p ,~~~~~-------- g:\attylagreemnt\contract\treas-coast-courier.99 (Name) '-" -..."""J AGENDA REQUEST ITEM NO. C-8 DATE: SEPTEMBER 7, 1999 REGULAR [ PUBLIC HEARING CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Mosquito Control James R. David SUBJECT: Jack Island Addition Project - Addition to Legislative Delegation Requests BACKGROUND: Staff requests that the Board consider presenting the Jack Island Addition project to the Legislative Delegation, for the purpose of seeking their support to obtain 100 % state funding for the project. The project would consist of the purchase of approximately 40 acres of coastal wetlands and adjacent uplands, for preservation, restoration, mitigation and public access. The estimated cost of the acquisition is $524,362.00. FUNDS AVAIL. :State Funds requested PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the presentation of the Jack Island Addi tion proj ect to the Legislative Delegation, for the purpose of obtaining their support for 100 % state funding of the purchase of approximately 40 acres of coastal wetlands and uplands on North Hutchinson Island. COMMISSION ACTION: x] APPROVED ] OTHER: DENIED E: D g as Anderson County Administrator ~nty Attorney: V6<iqinatinq D.Pt.~ Finance: (Check for py only, Review and Approvals ~nagement & Budget Purchasing: Other: if applicable)___ Other: Eff. 5/96 ~ ..." c (') DIVISION OF MOSQUITO CONTROL MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Mf2i) James R. David, Mosquito Control Director ~'~- September 1, 1999 Jack Island Addition. Saint Lucie County Staff requests that the Board consider presenting the Jack Island Addition project to the Legislative Delegation, for the purpose of seeking their support to obtain 100 % state funding for the project. The project would consist of the purchase of approximately 40 acres of coastal wetlands and adjacent uplands. The wetlands identified for purchase, share a mosquito impoundment (No. 16A) with Jack Island State Park. The uplands sought for purchase, are contiguous with the impoundment's eastern boundary, and, in one case, extend to State Road AlA. The estimated cost of the acquisition is $524,362.00 (see attached detailed summary). The benefits of the project are as follows: · Preservation of coastal wetlands · Improved public access (Americans with Disabilities Act, Public Schools, etc.) · Restoration and improved water quality in the wetlands of the site · Wetland Mitigation for County Projects Additional improvement/restoration costs are anticipated to be incurred, if the acquisition is successful. The expenses, as yet unidentified in detail and unbudgeted, would target the following: · parking and bridging/causeway construction for County, State and public access from AlA to the Park · purchase and installation of additional culverts · purchase and installation of additional pumps · construction of one pump station Funding sources for the improvements identified, could include; state public park development grants, Surface Water Improvement and Management grants, Indian '-" ....." River Lagoon License Plate grants, local/County contributions, and others. The proposed enhancement of access will also result in increased use of Kings' Island, a recent multi-party acquisition which included County ESL funds. This project has the strong support of the Queens Cove Property Owners Association (an adjacent development). The QCPOA currently provides the vehicular access for Mosquito Control and the State Park managers to Jack Island and Kings Island, via their private roads. cc: file CJ) c CJ) CD 0 0 .- +-' 0 .- l:J <{ l:J <{ oð Q;) :S 'æ '~ c o ~ C) E E t:: o a.. CIJ (/)CIJ Q;)...... OC ~~ -og; CO cu..... -0.. Q..E ::::).- ~Z~ ê: ~ U) ( ) ~ §! ¡H' E(J)~ H g-c: ~ ~~ ~ i ~ H! is ¿S E ~ fh ~ >..2 -¡¡ -mP II 'Ë.s Ii 8./ ;... ~~K.I!d {g E !i} s¡. 1.11 bJ 8 .... j1 g.h ~ ji¡ (!) ~h ~il d l:J c c 0 (\j .- +-' - (\j CJ) 0) .- .:::.t:. +-' .- 0 ~ (\j +-' J !r..... 0 0... "'0 c: Q) 0) Q) -' ~,~ '.. 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Q~~~~~~~~~~~~~~~ (/) c: ~ ~ D :e U)--l § ~ ~oð LL o u> .c 0: ~~ :; ~ .>2D J: £; :ëQ.> 2 Ü c: :J LL .¡: ~ø 0 ~~ ~ C~& w c ~ ~ ~ ~ ro N U) ID U) U) ro ro ü I::wWWC:C:I~~w~~ooE~ro ~~~~~~e~~~~~~~~·~é Oa~oc~~m2m0LLLLOOm~~ (/) u; o u c: 2 :i22 .. '-' HOYT C. MURPHY:Maltors 0411 North U.S. 1 Ft. Pierce, FL 34950 (561) 461-3250 FAX (561) 489·2316 o South Beach 221 South Ocean Drive Ft. Pierce, FL 34949-3255 (561) 461-1324 FAX (561) 461-1578 o 7202 South U.S. 1 Port St. Lucie, FL 34952-1479 (561) 878-3200 FAX (561) 878-4031 Located on the west side next to Waters Edge across from the Visions Condo SIZE: UTILITIES: 10.68 acres Water Sewer Phone Electric Cable TV HIRD ZONED: One of the few buildable sites available on North Hutchinson Island. Possible muhi- family or single family. Located between Fort PierCè âüd V èro Beach; across from the Atlantic Ocean. This b~ach is rated among the "Top Ten tt in the USA. PRICED AT $350,000.00 I See our web' page at www.flrealtylistings;com I ' r¡, Member. SIate-NeUonellnlemaUoneJ Real Eslale Federation ~. HOMES, RENTALS, RANCHES, FARM LAND· CONDOS, BUILDING LOTS· CITRUS GROVES· HOTELS & MOTELS, APPRAISALS NOTE: THIS OFFERING SUBJECT TO ERRORS. OMISSIONS, PRIOR SAlES OR WITHDRAWAL WITHOUT NOTICE -, ," '-' ...", i ~ - .: ~ - o c ~ : . C ~1~~_1. , J A'" _ ...A I ..:""...... A~.& ...... ...... ",,'" ........ ....... ...."" . Ê !t~~ ~ ~ãft § d~¡j 'i' . ~ ' S ~a~ .. ~ "71'~.' ,~ " -~~-~~-~~~i~-~~~~~~~-;~-~~ Prop Addr: ------------------------------ ------------------ Parcel 10: 14231~0190008 Owner: STRUNK FRANK 0 ------------------------------------------------------------------------------- Prop Addr City/State Zip Owner STRUNK FRANK 0 Co-Owner STRUNK 0 ANDRINO Care of Mail Addr : 1557 COLINA DR City/St/Zip: GLENDALE «< PROPERTY INFORMATION »> Absent Owner: FL Corp Owner CA 91208-2412 Twn/Rng/Sec : 40 /34 /23 Census Tract: Census Block: Municipality: Latitude Longitude ------------------------------------------------------------------------------- «< SITE DATA »> Land Use : 00 VACANT RESIDENTIAL Property Type: VACANT Building/Block: Lot/Unit Subdivision/Condo: ACREAGE Legal Description: 23 34 40 N 200 FT OF S 500 FT OF GOVT LOT 1 LYG W OF AlA (OR 196-1995:339-1613) ------------------------------------------------------------------------------- «< 1997 TAXES AND 1997 ASSESSMENTS »> Assd Values Amount Exemptions ----------- ------ ---------- Land Building Total $110,460 $ $110,460 Taxes Tax Val $2,446.38 $110,460 Tax Area/Map: 14/23N ------------------------------------------------------------------------------- «< TRANSFER HISTORY»> Seller Vesting Sale Date Sale Price Book Page Doc Type Transact Type $/SF Mult Part Fam Owner Type Tax ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- «< MORTGAGE HISTORY»> Lender Mortgage Type Purch/Refi Record Date LTV ARM Loan Amount Book Page FHA/VA Const Seller Fin ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- «< PROPERTY CHARACTERISTICS »> Acres Lot Sq Ft: Frontage Depth Pent Imp : 10.680 465,220 Total SF Base Sq Ft : Bedrooms Bathrooms Total Rooms: Stories Year Built: Eff Yr BIt: Heating Air Cond Pool .0 .0 ------------------------------------------------------------------------------- 08/3111999 08:34 2885955 MARTH¡ COUNTY' PSD PAGE 01/01 . , ..... .......... ~lleenS ~ove ..., PROPERTY OWNERS ASSOCIATION, INC. 134 QUEENS ROAD. FORT PIERCE, FLORIDA 34949 August 26, 1999 Jim David St. Lucie Mosquito Control District 3150 Will Fee Road Fort Pierce, FL 34982 RE: Property Acquisition for Access to Kings Island Dear Mr. David Queens Cove Property Owners Association (QCPOA) has concerns :regarding the ex.ísting and future public access to Ki.ngs and Jack Island, It is our understanding that neither State or the County owns property that connects Kings or Jack Island to State Road AlA. There is 110 access for disabled citizens or for heavy equipment nece.ssary for park facilities development. St. Lucie County and the State continues to grow in population, the residents and tourist of Florida need access to places Hke Jack Island to observe our unique wildlife. Given the significant investment to acquire Jack and King5 Islands the residents of Queens Cove Property Owners A~sociation strongly support St, Lucíe County effDrts to acquire additional property on North Hutchinson Island that wìl1 provide a land connection between AlA and Jack Island, Additional property must be acquired soon before development pressures eli.o::rinate their availability. Also, once the addlt10nalland 15 acqUIred the ASSOcIatiOn supports the constructiOn of a road from AlA for public access and the heavy equipment necessary for maintenance and construction activities. We h"v.:" had un:mim(ll1$ ~LJpp('lrt for this proj~ct e::¡ch time it h~,~ MP:l1 ni~,~11.~~e:rl ~t ()l1f mF:p.tine;R. Tf r Oí our membership can be of assistance please let us know. . Very Truly Yours, Don G. Dn1'1~lci:ion PresidmJt cc: QCPOA Board St. Lucie County Commission Florida Treasure Coast Delegation · , ,-,. ...". AGENDA REOUEST ITEM NO. C-9 ? DATE: September '1, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan B. Kilmer SUBMITTED BY (DEPT): Library SUBJECT: Upgrade existing Character Client License software to WorkFlows Graphical Client License software BACKGROUND: Our current Unicorn software will not run with Windows95. The County is moving everyone to Windows95, so our most important software that accesses our online system needs to be upgraded so that staff can continue doing their primary work to efficiently serve our patrons. FUNDS AVAIL. 105-7115-568000-700 Software PREVIOUS ACTION: None RECOMMENDATION: Staff recommends Board of County Commissioners authorize the purchase of WorkFlows graphical client license for Windows95 from Sirsi while funding is available this fiscal year. COMMISSION ACTION: CONCU E: [X ] [ ] APPROVED OTHER: [ ] DENIED Review and APprovals Purchasing: cß County Attorney: Originating Dept. ~ Finance: (Check for copy only, if applicable) Other: --...-. --,- "'" ...." ( \, MEMORANDUM 99 - 156 TO: Board of County Commissioners Susan Kilmer, Library Director ~ K~ FROM: DATE: August 31, 1999 SUBJECT: Upgrade DOS character software' ****************************************************************************** The S1. Lucie County Library System has been using Sirsi' s character DOS software to access the Unicorn online system since the original installation in 1991. Sirsi introduced Infoview, its first graphical user interface (GUI) for Windows 3.1 for staff about five years ago, but it was not very good. When we upgraded 19 staff PC's to Windows 95 in June, we discovered that the old character DOS version will not work in the new environment using telapi to connect to the SUNlOOO through the network. Sirsi introduced its new GUI, WorkFlows, this past year, and it is designed to work with Windows95/98. We are the only Sirsi user in South Florida not already having converted to graphical access. Pending approval of the software upgrade, the Windows95 PCs are using a temporary access medium via Term32 telnet software which forces all processing to the SUNI000 rather than sharing the work with the local PC. Some functions such as uploading and downloading files cannot be accomplished at all in this manner. Currently only 19 staff PCs are simultaneously accessing the online system using this approach, As the Y2K upgrade project brings another 32 staffPCs to the Windows95 level, processing speed will be degraded significantly, and there Will still be the problem of no ability to upload and download files. The upgrade to Sirsi W orkFlows for Windows is an essential step in maintaining Library access to all of the functions offered by Unicorn with a reasonable processing speed. Staff recommends Board authorization to order these upgrades this fiscal year while funding is available. ¡ INTERNAL REQUISITION AUTHOR~ION ,~-- For Warehouse Orders and Other Quotations DEPARTMENT: LS/LlBRARY Clerk: MS Page: 1/1 Req #:R995 Vendor# Vendor Sirsi Corporation Date: 08/19/99 Address: Fund#: 105-7115-568000-700 Item# Qty UIM Description Unit$ Total$ 51 ea Character to graphical upgrade $225,00 $11,475,00 Workflows for Windows 95 , Requesting Person: v!J 1 .A .A .ü A -k".' () #'Vo H ) / Department Head or Authorized Person: J '-' "'" SIRSIO DATE: June 30, 1999 CUSTOMER: Dr. Edward K. Werner Saint Lucie County Library System 124 North Indian River Drive Fort Pierce, FL 34950 FAX #: 561-462-2750 QUOTE#: 11.guiup REQUEST: Price quote for upgrading existing character client licence to WorkFlows graphical client license. Price includes first year maintenance. COST: $ 225.00 (1) Character to Graphical Upgrade $11,475.00 (51) Character to Graphical Upgrades DELIVERY: Scheduled upon receipt of Purchase Order. pricing is good for 90 days from the date of this quote. If you have any questions, please feel free to give me a call. " Cindy S. Marketing ,. -- '-----, III 101 Washington Street SE. Huntsville, AL 35801-4827. Tel: 256-704-7000. Fax: 256-704-7007. Web: www,sirsLcom --.....~' '-" ..., AGENDA REQUEST ITEM NO. C-IOA DATE: September 7,1999 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ TO: BOARD' OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Communi tv Develooment fJJC::ÆJY: J ia Shewchuk . rector SUBJECT: Consider authorizing the submittal of a Consultation grant application to the National Endowment for the Humanities on behalf of the St. Lucie County Historical Museum. BACKGROUND: RReflections of Florida's Fishing and Boating Heritage: An Interactive Exhibi t Showing How the Harvesters Responded to the Resources "is the title of this grant application. Since the National $ndowment for the Humanities stated at their grant orientation workshop that their goal is to fund more projects in Florida, staff feels we should take advantage of this offer. The Consultation grant is the first in a series of grants available to museums to design and construct major exhibits. Although the maximum amount that one can apply for in the Consultation category is $10,000, the Exhibit Planning grants can be up to $40,000, and the Implementation grants can be up to $300,000. Historical Museum staff and the Historical Society have been interested in designing an interactive exhibit, where visitors can see, and volunteers can participate in building traditional "river flatties". Although no local match is required for this application, staff will begin seeking local partners to make this future exhibit a success. If funded, the $10,000 will be used to assemble a consulting group of historians and museum professionals to evaluate the feasibility of constructing an interactive maritime exhibit. The grant will cover travel costs to Florida museums and fishing communities. Oral histories of fishing and boating families will be recorded to assist in the re-creation of this important era in Florida's coastal history. The application deadline is September 13, 1999, and projects can begin on January 1, 2000. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize the submittal of a Consultation Grant to the National Endowment for the Humanities on behalf of the SLC Historical Museum. [ X ] APPROVED [ ] OTHER: DENIED COMMISSION ACTION: Coordination/Signatures County Attorney: Mgt Ii: Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): .- ~ _.... ;it TO: FROM: DATE: SUBJECT: '-' ...., COUNTY COMMISSION REVIEW: September 7, 1999 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM ~~~~:1sioners . Pi a- shèwchuk, C-ommunity Development Director August 31, 1999 Consider authorizing the submittal of a Consultation grant application to the National Endowment of the Humanities on behalf of the St. Lucie County Historical Museum. . Catching the history of the craftsmanship, traditions, and character required for early Florida fishennan are the goals of this Consultation grant application to the National Endowment for the Humanities. Located near the Fort Pierce Inlet, the St. Lucie County Historical Museum is the ideal location to design and construct a major exhibit on the history of boating and fishing in Florida. Although there are many fishing towns along the Indian Ri ver Lagoon and throughout Florida, their role in the roller -coaster growth and culture of these communities has not been documented in a comprehensive museum in the state. The consultants, museum staff and an advisory committee will evaluate the feasibility of incorporating this exhibit on the grounds of the Historical Museum or expanding it in the future to the downtown or port redevelopment plans. Many traditional businesses in boat construction ~d other fishing crafts may be offshoots from this exhibit since we plan to construct traditional "river flatties". Throughout Fort Pierce's history, many businesses depended upon the lagoon's natural resources. Boat construction, oyster harvesters and fish barrel makers are only a few identified at this time. Since this rich history is unknown to most of Florida's residents, staff feels that this exhibit would enhance resident's and tourist's appreciation of our region and its fragile resources. If the exhibit was expanded to include a correlation between the decline in water quality and resources to the decline in some fishing industries, we could seek funds from the water management districts, Department of Environmental Protection, Florida Inland Navigation District and many others, Local businesses and major boat manufacturing companies may also like to be involved in developing a state of the art exhibit on Florida's integral tie to our coastal resources. Thus, this first Consultation grant to the National Endowment of the Humanities could be the beginning to many exciting beneficial projects for St. Lucie County. _.«'" '-' ..""" AGENDA REQUEST ITEM NO. C-IOB DATE: Sewtember 7,1999 CONSENT [X] REGULAR [ ] PUBLiC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: r c.?./- _ J..-fL ) 1a4.S1ìe~ irector SUBMiTTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAiL.: PREViOUS ACTiON: RECOMMENDATiON: COMMiSSiON ACTiON: [ X ] APPROVED [ ] OTHER: County Attorney: Consider authorizing the submittal of a grant application to VISIT FLORIDA for a County Inventory Grant. Through this grant program, VISIT FLORIDA will provide financial assistance to counties to inventory Ecotourism/Heri tage sites. VISIT FLORIDA also provides data forms and computer accessible forms to ensure that the inventory can be included in the statewide effort to develop a complete Ecotourism/Heritage Tourism resource database. Since the county can only apply for $1000 and a cash match of $1000 is required, staff suggests that the $1000 match come from the Economic Development Advertising budget line since the identified sites can then be marketed in the County for Eco/Heritage Tourism. Grant recipients will be announced in early October 1999. The completion date is June 30, 2000. The grant funds can be used for man-hours for research and completion of forms, copying of site description forms, and postage used to mail-out site description forms. It is anticipated that we will use the funds to contract a local person to complete this project. One thousand dollars from the Economic Development 1 Advertising Account No. 001-1515-549000-100. N/A Staff reconunends that the Board authorize the submittal of the VISIT FLORIDA grant application with the $1000 match coming from the Economic Development Advertising budget 1i DENiED CON Coordination/Signatures Mgt " Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): ./ TO: - FROM: DATE: SUBJECT: '-' "-' ("\ '<. COUNTY COMMISSION REVIEW: September 7, 1999 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM Board of County Commissioners - T q;¿.~ t fllO L ,.cflJL ~a Shewc~~mmunity Development Director August 31, 1999 Consider authorizing the submittal of a grant application to VISIT FLORIDA for a County Inventory Grant. St. Lucie County Tourist Development Council would like to complete an inventory of county Ecotourism / Heritage sites so that the county may be included in a state-wide database. Although this is a priority, it has been difficult to find time to complete this project. If funded, the County Inventory Grant from VISIT FLORIDA will provide a $1000 toward this effort. Since a $1000 cash match is also required, the Tourism Development Division will have a total of $2000 to hire outside assistance to complete this project. The funds may be used to pay for time to research the infonnation, fill out the fonns, make copies and for postage. Although VISIT FLORIDA has additional grant opportunities for marketing these sites, this private/public, not-for-profit organization requires that the inventory process be well underway or complete before an organization can apply for another grant. Thus, if the county plans to apply for Marketing Grants in the future, we need to complete this inventory process. Once the state-wide comprehensive inventory is complete, it will be utilized in the VISIT FLORIDA statewide database as public infonnation to develop, assist and support local, domestic and international marketing decisions. Visitors and residents alike will also be able to access the infonnation by contacting VISIT FLORIDA. "-' BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: - .. '-' AGENDA REQUEST ITEM NO. C10C DATE: September 7, 1999 CONSENT X REGULAR PUBLIC HEARING PRESENTED BY: Community Development/Tourism Division ~d~ ¿?bMMUNITY DEV. DIRECTOR R. J. Gibson Advertising Invoices R. J. Gibson, Inc. has been contracted to provide advertising services for the st. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $22,647.58 for August represents cost for the following: $19,102.07 $ 617.50 $ 93.01 $ 2,735.00 $ 100.00 Media Placement Fees Expenses Ad Production Website Request approval for payment on the invoices for the month of August in the amount of $22,647.58. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X ] [ ] APPROVED OTHER: County Attorney: Originating Dept.: The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. DENIED --,~~~--~ Coordination/Siqnatures Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, if applicable) - Y' '-'" AGENDA REOUEST ~ ITEM NO. C-IOD DATE: September 7, 1999 CONSENT X] REGULAR PUBLIC HEARING ( ] Leg. ( ] Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Deve]opment PRESENTED BY: 'cP~ SIm,TECT' Consider Draft Resolution 99-185 approving the request of Dollom, Inc., for Major Site Plan approval for the project to be known as Savanna Club Apartments. (File No,: MJSP-99-003) RACKGROtmD: Dollom, Inc., has applied for Major Site Plan approval for the project to be known as Savannah Club Apartments. This project is to be a 268-unit apartment complex, located on a 54.68 acre parcel of land on the north and south sides of Savanna Club Boulevard, approximately 800 feet east of South U. S. 1. The subject property is located in the RM-5 (Residential, Multiple-Family - 5 du/acre) zoning District. The applicant is proposing a density of 4.9 du/acre, which is below the maximum permitted within the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. A summary of the prosed project is as follows: 1 Bedroom 100 units 268 Total Units 2 Bedroom 168 units Number of units north and North Property 168 units south of Savanna Club Blvd. South Property 100 units North Property 5,000 sq. ft. Clubhouse, Tennis Recreational C~onent Court and Swimming Pool South Property Tennis Court and Swimming Pool 6.23 acres preserved Wetlands 5.70 acres re-created wetland Preservation Wetland Buffer Area 4.16 acres Landscape/Open Space 26.75 acres FtmDS AVATT,ARI,R' N/A. PRRVIOTJS ACTTON' None. RECOMMENDATION, Staff recommends approval of Draft Resolution 99-185. COMMISSTON ACTTON' [ ] APPROVED [ X ] [ ] OTHER: Look into Voted 5-0 DENIED notification issue Site Plan Approval Denied County Attorney: ,J:Y rooni i nr.l t i nn / R i gnA t1Jrp~ Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance (copies only): (AGEND4 70) \ '-' -..J COUNTY COMMISSION REVIEW: September 7,1999 Resolution 99-185 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: August 31, 1999 Subject: Consider Draft Resolution 99-185 approving the request of DoHom, Inc., for Major Site Plan approval for the project to be known as Savanna Club Apartments. (File No.: MJSP-99-003) LOCATION: North and South Side of Savanna Club Boulevard, east of South US #1. This project is not part of the Savanna Club Development of Regional Impact. EXISTING ZONING: RM-5 (Residential, Multiple Family-5 Du/ac) RU (Residential Urban) LAND USE DESIGNATION: PARCEL SIZE: Total Site Area: 54.68 Acres 29.86 acres nòrth of Savanna Club Boulevard 24.82 acres south of Savanna Club Boulevard PROPOSED USE: 268 Unit Rental Apartment Project PROJECT DENSITY: 4.90 Units per acre SURROUNDING LAND USE: The Savanna Club Planned Unit Development is located to the east.; the Villages of Lake Lucie Subdivision is located to the north; there is existing developed industrial property to the south (in the City of Port St. Lucie) and there are vacant commercial lands to the southwest of this site. FIRE/EMS PROTECTION: Walton Road, Station Number #11, is located approximately 3 miles away. UTILITY SERVICE: Water and Sewer services to be provided by City of Port St. Lucie. TRANSPORTATION IMPACTS: Right of Way Adequacy: See Standards of Review/Comments. '-" ......, Scheduled Area Improvements: See Standards of Review/Comments. TYPE of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A.. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN: The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the Sf. Lucie County Comprehensive Plan, and the Code and Compiled Laws of Sf. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of Sf. Lucie County. The proposed Savanna Club Apartment complex is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum density for the RU (Residential Urban) land use category as 5 dwelling units per acre. This proposed project is to be developed at a density of 4.9 dwelling units per acre. Therefore, the proposed project is consistent with this policy. Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states .... .construction of new residential development at densities greater than two units per acre shall only be permitted when central or on-site wastewater systems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels of service found in the plan." The applicant has provided a letter of service availability from the City of Port St. Lucie Utilities System Department which indicates sufficient capacity available to support the proposed project. The proposed project is consistent with this policy. Policy 1.1.9.4 of the St. Lucie County Comprehensive Plan states .....the land development regulations shall provide that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping or as a part of minimum yard areas so 'that as much of the identified habitat as is practicable is maintained." The proposed site plan for this project indicates the preservation of approximately fifty (50%) of the existing site vegetation as part of the projects general '-" "-' August 31, 1999 Page 3 Subject: Savanna Club Apartments Major Site Plan Approval landscaping and open space. These areas include preservation tracts of the following vegetative communities: Pine/Flatwood/Oak Scrub; Pine/PalmettolWire Grass/Prairie, and Pine/Palmetto. Based upon the preservation of onsite vegetation, the proposed project is consistent with this policy. B... EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Savanna Club Apartment complex has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by the following land use and zoning districts. Property Use Land UselZoning Designations North Villages of Lake Lucie Residential RU (Residential Urban)! RM-5 (Residential, Multiple- Subdivision Family - 5 du!ac,) South Port St. Lucie Industrial Park LI (Light, Industrial)! WI (Warehouse Industrial) This property Is In the city ot Port 51. Lucie RU (Residential Urban)! RM-5 (Residential, Multiple Family ~ 5 du!aC'.) f- East Savanna Club Adult Mobile Home RU (Residential Urban)! PUD (Planned Unit - Development) West Vacant Commercial Land and U S COM (Commercial)!CG (Commercial General) Hiahwav One - Savanna Club Boulevard, a public right-of-way, has a right-of-way width of 130 feet. The current pavement surface is 24 feet wide, for each direction of travel. This 24 foot pavement width will accommodate two lanes of travel for each direction. However, in the mid-1980's the Board of County Commissioners agreed to the striping of this roadway as a 2-lane facility with dedicated bike lane. When traffic conditions are deemed appropriate, this facility can be re-striped as a 4-lane facility. At this time, there is sufficient capacity in this facility to support the development of the Savanna Club Apartments and the Savanna Club Development of Regional Impact. The Developers of this project, the Savanna Club Apartments, have submitted a traffic impact report assessing the impacts of this project. This development is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. In 1986, the Board of County Commissioners through Resolution 86-97 agreed to accept the portion of Savanna Club Boulevard from South US #1 to Lennard Road as a public roadway. By subsequent interlocal agreement with the Savanna Club DRI authorities, it was agreed that the County would be responsible for maintaining the pavement and drainage associated with this roadway, and Savanna Club would be responsible for maintaining the liner landscaping along this corridor. It has been '-" -....I August 31, 1999 Page 4 Subject: Savanna Club Apartments Major Site Plan Approval represented to the County by the current Savanna Club Home Owners Association Representatives, that this maintenance agreement may be requested for renegotiated following the commencement of construction of this project. The purpose of this renegotiation would be to remove that portion of Savanna Club Boulevard west of their utility site from their maintenance responsibility. The City of Port St. Lucie Utilities System Department will be servicing the proposed project with water and sewer. The applicant has provided verification from this, entity that sufficient capacity is available to support the proposed apartment complex. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The applicant has designed the project so that the parking areas for the individual units are incorporated into the interior of the buildings (courtyard appearance) with native vegetation within the center islands. Very little parking area will be visible from Savanna Club Boulevard. In addition, a native vegetative preserve area has been proposed to further buffer the existing communities from the apartment complex. - 'During the review of this project, the Development Review Committee requested that the applicant revise the site plan in order to provide for an expanded native buffering along the perimeter of the project. The applicant did redesign the proposed site plan incorporating the existing vegetation into a perimeter preserve area. The closest apartment building to the eastern property line is approximately '55 . feet:' The closest - apartment complex to Savanna Club Boulevard is approximately 55 feet away. Based upon the additional perimeter preserves and native buffering, the applicant has satisfied this criteria. 3. The proposed building or use will be constructed, affanged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The property to the south is developed as an industrial park, to the east and north are residential developments to the west vacant land. This multi-family development project is being developed at an overall project density (4.9 du/ac (gross» similar to that of the single family Villages of Lake Lucie (3.1 du/ac (gross» and the mobile home development of Savanna Club (3.3 du ac (gross». The access to the proposed building site will be thorough single point of access onto Savanna Club Boulevard. No other access into or out of the development is being proposed. '-" ....,., August31,1999 Page 5 Subject: Savanna Club Apartments Major Site Plan Approval .c... ADEQUACY OF PUBLIC FACILITIES: The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The Developers of the Savanna Club Apartments, have submitted a traffic impact report assessing the impacts of this project. This development is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities System Department, which indicates that sufficient capacity for both water and sewer is available to support the proposed 268-unit apartment complex. .D.. ADEQUACY OF FIRE PROTECTION: The applicant has obtained from the Sf. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant I1as obtained from the St. Lucie County - Fort Pierce Bureau of Fire Preventiol1 written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. The applicant has incorporated a series of fire protection components into the design of the project. Each apartment building is being proposed with a fire hydrant at the entrance. Water is accessible and available to each building. Currently, located on Savanna Club Boulevard, along the property boundaries, there are six existing fire hydrants. E.. ADEQUACY OF SCHOOL FACILITIES: The proposed building or use will be served by adequate school facilities. The Savanna Club Apartments will be served by adequate school facilities. Student assignments will be made consistent with applicable S1. Lucie County Board of Education standards and regulations. fa ENVIRONMENTAL IMPACT: For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the Sf. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). '-'" '-'" August 31, 1999 Page 6 Subject: Savanna Club Apartments Major Site Plan Approval The proposed Savanna Club Apartments site occupies approximately 54.7 acres and contains a large area of environmentally significant/sensitive land. The developers of this project have submitted the required environmental impact study for this site. The plant communities found on this site includes: Pine/Flatwood/Oak Scrub Community, Pine/Palmetto/Wire Grass Prairie and Pine/Palmetto Community. There were no identified endangered species observed on this site. The property located south of Savanna Club Boulevard is dominated by slash pine with a variable canopy cover ranging up to eighty (80%) percent. The understory is dominated by saw palmetto (Serenoa repens), shiny Lyonia (Lyonia lucida), rusty Lyonia (Lyonia ferruginea), gallberry (lIex glavra) and St. Johns Wort (Hypericum spp.). The property located north of Savanna Club Boulevard is characterized by an intermixing of areas that are dominate by gallberry with herbaceous and graminoid understory and areas dominated by broomsedge and wiregrass (Aristida stricta). Canopy and shrubby plants are scattered throughout the area include punk tree (Melaleuca quinqernervia), slash pine, dahoon holly (lIex cassine), wax myrtle (Myrica cerifera), Brazialian pepper (Schinus terebinthifolius), red bay (persea borbonia) myrsine (Myrsine fIoridana) and saw palmetto. The common herbaceous species located within this community include Hypericum, Yellow Batchelor's Button (Polygala rugelii), hat pins (Eriocaulon compressum), and red root (Lachnanthes caroliniana). In addition, small patches of swamp fern (Blechnum serrulatum) is located in shadier areas. Dense vines, including muscadine grape, catbrier (Smilax bona-nox), and love vine (Cassytha filiformis) is found on site. Depressional wetlands were also identified on the proposed site. The dominating canopy - within the wetland areas is Carolina willow (Salix caroliniana) and re maples (Acer rubrum). These wetlands are also dominated by grasses, sedges and aquatic herbacious species, including panic grasses (Panicum spp. and Dicanthelium spp.), St. John's Wort (Hypericum spp.), Mecaronia acuminata, fragrant water lily (Nymphaea odorata), beakrushes (Rhynchospora spp.), umbrella grasses (Fuirena spp.), yellow eyed grass (Xyris spp), piperwort (Eriocaulon decangulare) and broomgrass. The applicant is proposing to mitigate wetland impacts through a on-site relocation/mitigation process. The applicant has stated that the wetlands located south of Savanna Club Boulevard in the eastern portion of the property and the wetland located north of Savanna Club Boulevard within the center of the planned area of development will be mitigated for through the creation of additional wetlands adjacent to the existing wetlands proposed for preservation on the western edge of the project site. The applicant has stated that this wetland preserve will occur in a north/south corridor along the western most property lines, and will result ina much more viable functionality for the community. At this point, Staff has received correspondence from the State and Federal review agencies which indicates that the applicant's proposed approach to wetlands mitigation, the conversion of on-site uplands to wetlands, may not be entirely acceptable to the agencies. However, they have not issued any Final Order on this matter, and cannot do so until there is some type of final action by the appropriate local governing body in regards to the basics of this proposed Site Plan is taken. St. Lucie County's Comprehensive Plan does not \wi ....., August 31, 1999 Page 7 Subject: Savanna Club Apartments Major Site Plan Approval preclude the ability of a property owner to convert uplands to wetlands, consistent with state regulations. However our codes do require that the a minimum upland buffer be provided along the perimeter of any preserved or created wetland habitat. This buffer is to be a minimum of 10 feet in width, subject to more stringent standards as may be required by the state or federal permitting agencies. The applicants have indicated that the wetlands will be surrounded by a 3D-foot upland buffer. The one issue that remains to addressed in this specific case is, is it appropriate to element what is reported to be viable and healthy upland habitat for the purpose of creating replacement wetland habitat? Is it, in the alternative, perhaps more appropriate to complete any required wetland mitigation from this site through entirely off-site methods or through a combination or mix of off-site and on-site wetlands restorationl creation? At the time, that the applicant receives a State Permit for the wetland areas, the applicant will be required to revise the site plan to satisfy the approach approved by the Army Corp of Engineers (ACOE) and South Florida Water Management District (SFWMD) permit. COMMENTS: Dollom, Inc., has applied for Major Site Plan approval for the project to be known as Savannah Club Apartments. This project is to be a 268-unit apartment complex, located on a 54.68 acre parcel of land on the north and south sides of Savanna Club Boulevard, approximately 800 feet east of South U. S. 1. The subject property is located in the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. The applicant is proposing a density of 4.9 du/acre, which is below the maximum permitted within the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. A summary of the prosed project is as follows: 1 Bedroom 100 units 268 Total Units 2 Bedroom 168 units Number of units north and south North Property 168 units of Savanna Club Blvd. South Property 100 units North Property 5,000 sq, ft. Clubhouse, Tennis Court and Recreational Component Swimming Pool South Property Tennis Court and Swimming Pool 6,23 acres preserved Wetlands 5,70 acres re-created wetland Preservation Wetland Buffer Area 4.16 acres Landscape/open Space 26.75 acres Attached is a copy of Draft Resolution 99-185, which, if approved, would grant this request for Major Site Plan approval, subject to the following conditions: ~ "-" August 31, 1999 Page 8 Subject: Savanna Club Apartments Major Site Plan Approval 1. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or structure, the developer shall provide a right and left turn lane on Savanna Club Boulevard at the intersection of the project entrance to the Savanna Club Apartment project site. 2. The developer shall, as part of the construction of the turn lanes referenced in condition number one above, close the adjacent median cuts on Savanna Club Boulevard, located east and west of the project limits. The median closure shall be completed in a manner acceptable to the County. 3. The developer shall provide adequate intersection site lighting at the intersection of the Savanna Club Apartment Project Entrance roads and Savanna Club Boulevard. The lighting shall be installed utilizing acceptable Engineering Safety Standards. 4. Prior to the issuance of the first Certificate of Occupancy (CO) .for the first apartment/residential building or structure, the developer shall provide a concrete sidewalk, having a minimum width of five (51 feet, along the north side of Savanna Club Boulevard, from the eastern project limits to the intersection of south US #1 and Savanna Club Boulevard. 5. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential buifding or structure" the developer shall provide a concrete sidewalk, having a minimum width of five (51 feet, along the south side of Savanna Club Boulevard, from the. eastern project limits to the western project limits, as shown on the project site plan. 6. Prior to the issuance of a land clearing permit, the developer shall delineate all areas to be preseNed and shall institute applicable safeguards to ensure the health and viability of the protected trees. These safeguards shall be in accordance with the requirements set forth in the land clearing permit. 7. The proposed wetland mitigation/preseNation/creation area depicted on the project site plan is recognized as conceptual in nature and subject to Federal and State agency approval. If any agency approvals are not obtained or if an alternative plan is found to be more appropriate, the project mitigation plan depicted in the site plan submittal shall be amended accordingly. 8. The applicant shall install additional fire hydrants when deemed necessary by the St. Lucie County-Ft. Pierce Fire District. '--' August 31, 1999 Page 9 ...., Subject: Savanna Club Apartments Major Site Plan Approval Staff recommends approval of Draft Resolution 99-185. If you have any questions, please let us know. SUBMITTED: ewchuk, AICP unity Development Director JS/cs SA VCLBAPTS 1 (70a) cc: County Administrator Asst. County Administrator County Attomey Public Works Director County Engineer Fire Marshal Kevin Collins, Dollom Inc, Robert Zuccaro, P,E., Craven Thompson & Associates File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '-" 'wtI RESOLUTION 99-185 FILE NO.: MJSP-99-003 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS SAVANNA CLUB APARTMENTS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Dollom, Inc , presented a petition for Major Site Plan Approval to allow a 268-unit apartment complex on 54.68 acres of land on the north and south side of Savanna Club Boulevard, approximately 800 feet east of U. S. Highway One, in the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for the property described below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the generaI..Pl!rpose! goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed projectwill be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 7,1999. File No.: MJSP-99-OO3 September 7. 1999 Resolution 99-185 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-" '....,., NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as Savanna Club Apartments, is hereby approved as depicted on the site plan drawings for the project prepared by Craven Thompson & Associates, Inc., dated 8/24/99, and date stamped received by the St. Lucie County Community Development Director on 8/26/99, for the property described below, subject to the following conditions: 1. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or structure, the developer shall provide a right and left tum lane on Savanna Club Boulevard at the intersection of the project entrance to the Savanna Club Apartment project site. 2. The developer shall, as part of the construction of the turn lanes referenced in condition number one above, close the adjacent median cuts on Savanna Club Boulevard, located east and west of the project limits. The median closure shall be completed in a manner acceptable to the County. . 3. The developer shall provide adequate intersection site lighting at the intersection of the Savanna Club Apartment Project Entrance roads and Savanna Club Boulevard. The lighting shall be installed utilizing acceptable Engineering Safety Standards. 4. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or-structure, the developer shall provide a concrete sidewalk, having a minimum width of five (5? feet, along the north side of Savanna Club Boulevard, from the eastern project limits to the intersection of south US #1 and Savanna Club Boulevard. 5. Prior to the issuance of the first Certificate of. Occupancy (CO) for the first apartment/residential building or structure, the developer shall provide a concrete sidewalk,. having a minimum width of five (5? feet, along the south side of Savanna Club. Boulevard, from the eastern project limits to the western project limits, as shown on the project site plan. 6. Prior to the issuance of a land clearing permit, the developer shall delineate all areas to be preserved and shall institute applicable safeguards to ensure the health and viability of the protected trees. These safeguards shall be in accordance with the requirements set forth in the land clearing permit. 7. The proposed wetland mitigation/preservation/creation area depicted on the project site plan is recognized as conceptual in nature and subject to Federal and State agency approval. If any agency approvals are not obtained or if an alternative plan is found to be more appropriate, the project mitigation plan depicted in the site plan submittal shall be amended accordingly. File No,: MISP-99-Q03 September 7, 1999 Resolution 99-185 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ~ ."""" B. 8. The applicant shall install additional fire hydrants when determined as necessary by the Sf. Lucie County-Ft. Pierce Fire District. The property on which this Major Site Plan approval is being granted is described as follows: Parcel 1 That portion of Lots 14 and 15, Block 3, and Lots 9,11,12,13, 14 and 15, Block 4, Section 26, Township 36 South, Range 40 east, and Lot 9, Block 3, Section 25, Township 36 South, Range 40 East, St. Lucie Gardens, Plat Book 1, Page 35, Lying north of the northerly right-of·way line of Savanna Club Boulevard, as recorded in Plat No.1, Plat Book 24, Page 7, of the Public Records of St. Lucie County, Florida. Less and excepting the following: 1. That part of Lot 9, Block 3, Section 25, Township 36, South, Range 40 East, of the aforesaid Plat of St. Lucie Gardens, lying north of the northerly right-of- way of Savanna Club Boulevard, which lies within. the boundaries of Plat of Savanna Club Plat No.1, Plat Book 24, Page 7, of the Public Records of St. Lucie County, Florida. 2. That property deeded to Jacob Aaron Corporation, recorded in OR Book 653, Page 305 and OR Book 817, Page 1472, of the Public Records of St. Lucie County, Florida. 3. That property deeded to Lake Lucie Community Development District, recorded in OR Book 924, Page 2226, of the Public Records of St. Lucie , County; Florida. Parcel 2 Being a portion of Lots 15 and 16, Block 3 and Lots 9,10,11, 12, 13~ 14 and 16, Block 4 of Section 26, Township 36 South, Range 40 East, as shown on the Plat of St. Lucie Gardens, accordingtothéPhit thereof, as recorded in Plat Book 1, Page 35 of the Public Records of St. Lucie County, Florida. Described as follows: Commencing atthe southeast corner of said Section 26; thence north 89°40'17" west, along a portion of the south line of said Section 26, a distance of 555.46 feet to the Point of Beginning; thence continue north 89°40'17" west, along a portion of the south line of said Section 26, a distance of 2167.87 feet to a point on the easterly right-of-way line of U. S. Highway One; thence north 27°29'17" west, along a portion of the said easterly right-of·way line of U.S. Highway One, a distance of 1237.64 feet to a point on the southerly right-of-way line of Savanna Club Boulevard as shown on Savanna Club Plat No.1, according to the plat thereof as recorded in Plat Book 24, Page 7 of the Public Records of St. Lucie County, Florida; thence easterly along a portion of said southerly right-of-way the following seven (7) courses: South 89°40'18" east, a distance of 287.17 feet to a point of curvature; thence by a circular curve to the right having a radius of 326.85 feet; a central angle of 35°03'50" and an arc distance of 200.03 feet to a point of reverse curvature; thence by a circular curve to the left having a radius of 590.00 feet, a central angle of 35°03'50" and an arc distance of 361.07 feet to a point of reverse curvature; thence by a circular curve to the right having a radius of 485.00 feet, a central curve of 33°56'51" and an arc distance of 287.36 feet to a point File No,: MISP-99-ü03 September 7. 1999 Resolution 99-185 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 '-" ~ of tangency; thence south 55°43'27" east, a distance of 150.00 feet to a point of curvature; thence by a circular curve to the left having a radius of 965.00 feet, a central angle of 33°56'48" and an arc distance of 571.74 feet to a point of tangency; thence south 89°40'15" east, a distance of 992.37 feet to a point; thence south 00°09'03" east, a distance of 597.33 feet to the Point of Beginning. Said lands situate, lying and being in St. Lucie County, Florida and Containing 41.673 Acres More or less. (Tax ID #s: 3414-501-1509-050/8, 3414-501-1914-050/0, 3414.501-1505-000/7). (Location: North and South side of Savanna Club Boulevard, approximately 800 feet east of U. S. Highway One.) C. This Site Plan shall expire on September 7, 2001, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County Land Development Code. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Dollom, Inc., including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. D. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 7, 1999, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section. 11.pr05(p) of the ~t. Lucie County Land Development Code, a new certificate of capacity shall be required. E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis xxx XXX XXX XXX XXX Vice-Chairman John D. Bruhn Commissioner Frances Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes File No,: MlSP-99-OO3 September 7, 1999 Resolution 99-185 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 '-" , ~ PASSED AND DULY ADOPTED This 7th Day of September, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: DEPUTY CLERK DJM 99185a(70a) BY Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY File No,: MJSP-99-Q03 September 7, 1999 Resolution 99-185 Page 5 ..W«.' III[ LOT 10 SE~AGE TREATMENT NOT INCLUDED POINT Of COMMENCEMENT PARCEL 1 26 L3 .- å .-- - ... -- -, , ;",;.., IIØT I! ~ W ~ ID 3 o ~ z ~ .¡c ø ~r. ,5i'·~ ~"' Lt..~ #6' ~.I.. '.·,V#,Il".'····..,'.·..'·'.'.'.··.........,... .'..'.". 4( ,.~,., ,~ ·'·I"'··';·~ 0.. .., '.,.. '...,...,...' . ¡~. . '" -.,~ .'" , ,- . -~: 'j 2:' 8 PROJECT NO., . 98-0017" , t AU6 24 1999 8-1.. \ ". <~~,t .' . t .1.1\1 . ß~tJ~ PRo..JECT NUMAt;A·~ .AIW\n17 ;"';5 ~6 ~A-7 LA-B WR-1 A-12 ~A-O-A-11 t.ÁNDSè~ìPl..ÄNŠ; 12, -- UNIT PLANTING PLAN 16 ... UNIT PLANTING PLAN LANDSCAPE DETAilS AND NOTES WETLANDS RESTORATION PLAN ENTRY MONUMENT SIGN ARCHITECTURAL DRAWINGS (.J . .~..,' '.".') SO' SURVEY SHEETS AND . . ITECTURAl DRAWINGS ARE SUPPLEMENTAL rs INCLUDED, AS REQUIRED FOR FINAL PLAN SUBMITTAL tuDED IN THIS SUBMITTAL ARE THOSE QUIRED FOR ST. LUCIE COUNTY COMMISSION LAN APPROVAL } * , .' ~ " to · ø · ;.f- .' .,,:¡-'. , '. ,. " t ',~' 'f ; · ¡; , .. ~ - U) ~ ~ fi Z ~ ~ E-- 0::: < Q. .< .1 "aa ¡- .',,::> ji , ' ...J,' , ," u III < Ii ~ ", < ~ lš>8' '~.',Î .~ v ;; ~.~ ;/ ¡! : 'y" .,. J..- ",' ,'" .-, .íJ., .'t!¡ .. ",S~l ,. 1ft "~ i -- \ , J I I I : I I ~d I :1 , I I I I . I I ! / , " ! I ".!. - -~-.:. - ..:..-. - '~,~- - - --l ,--. . , ! i S~wage Treatment Not Included ¡ , , , ¡ I .PC:NT or COMM[NCEMENl " f-)Af<CCL 1 8 2 ~. per unit = 336 1.5 sp. per unit = 150 -486 -561 " ..c(, Z " 0:::- U" z w . .. ~ z ~., t') L~· . >~ z < ...J Q... ~ ,~ IIooIÏoII4 U) - ~: ,:.~ ", '-" 'wi AGENDA REQUEST C-IOE ITEM NO. DATE: 09/07/99 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-Jud. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~. J>kø,~ <;e,L- SUBMITTED BY: Community Development SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X ] [ ] APPROVED OTHER: County Attorney: (ì/ Consider Draft Resolution 99-188 approving the request of St. Peter's Lutheran Church for Major Site Plan Approval for the project to be known as St. Peter's Lutheran Church located on the east side of South Jenkins Road, approximately 2,000 feet south of Okeechobee Road, in the RF (Religious Facilities) Zoning District petition of St. Peter's Lutheran Church to consider Draft Resolution 99-188 which would grant Major Site Plan Approval for the project to be known as St. Peter's Lutheran Church to allow for the development of a church. The project consists of 27,064 square feet of space. (File No: MJSP-99-001) N/A. None. Approve Draft Resolution 99-188, granting Major Site Plan Approval for the Project to be Known as St. Peter's Lutheran Church on 18.78 acres of property located on the east side of South Jenkins Road, approximately 2,000 feet south of Okeechobee Road. DENIED ug as M. Anderson ty Administrator Review and Approvals Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) \ '-' 'wi ') ( COUNTY COMMISSION REVIEW: 09/07/99 Resolution 99-188 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: September 1, 1999 Subject: Consider Draft Resolution 99-188 approving the request of S1. Peter's Lutheran Church for Major Site Plan Approval for the project to be known as S1. Peter's Lutheran Church. (File No,: MJSP·99·001) S1. Peter's Lutheran Church has applied for major site plan approval for the project to be known as S1. Peter's Lutheran Church to allow for the development of a church to be located on 18.78 acres ofland on the east side of South Jenkins Road, approximately 2,000 feet south ofOkeechobee Road. The project consists of27,064 square feet of space. - ' Staff has reviewed the request for major site plan approval and has determined that it is consistent with the S1. Lucie County Land Development Code, and not in conflict with the Goals, Objectives, or Policies of the S1. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 99-188, which, if approved, would grant this request for Major Site Plan Approval. Staff recommends approval of Draft Resolution 99-188. SUBMITTED: ~-LcU J Ia Shewchuk, AICP ommunlty Development DIrector cc: Steve Cooper, P,E. File ~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ~ ....", RESOLUTION 99-188 FILE NO.: MJSP-99-001 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS ST. PETER'S LUTHERAN CHURCH WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. St. Peter's Lutheran Church has applied for major site plan approval for a church facility on 18.78 acres of land located on the east side of South Jenkins Road, approximately 2,000 feet south of Okeechobee Road, in the RF (Religious Facilities) Zoning District. The project consists of 27,064 square feet of space. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. 3. The- proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances öf St. Lucie County_ 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. File No.: MJSP-99-001 September 7, 1999 Resolution 99-188 Page I 't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '-' ...., 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as St. Peter's Lutheran Church, is hereby approved as shown on the site plan drawings for the project prepared by Stephen Cooper, P.E. & Associates, Inc. dated August 30, 1999, and date stamped received by the St. Lucie County Community Development Director on August 30, 1999, for the property described below, subject to the following condition: The native vegetative buffer located on the east, south, and northeast of the areas of development shall not be removed or otherwise disturbed. In the event this vegetation is removed or disturbed, it will be the responsibility of the property owner to adequately screen the subject property from adjacent properties according to the requirements of Section 7.09.04(E), St. Lucie County Land Development Code. B. The property on which this Major Site Plan is granted is described as follows: THE SOUTH Yz OF THE SOUTHWEST % OF THE SOUTHWEST Y. OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM RIGHTS-OF-WAY FOR PUBLIC ROADS AND DRAINAGE. (TAX. ID#: 241-9-333-0001-000/2) (Location: East side of South Jenkins Road, approximately 2,000 feet south of Okeechobee Road) CONTAINING 18.78 ACRES, MORE OR LESS. C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on September 7, 2001, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, St. Peter's Lutheran Church, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. . File No., MJSP-99-001 September 7, 1999 Resolution 99-188 Page 2 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-" ...", E. A copy of this resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the S1. Lucie County Community Development Director. F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. G. A copy of this Order shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. A copy of this Order shall be attached to the site plan drawings described in Section A, which plan shall be on file with the S1. Lucie County Community Development Director. I. This Order shall be recorded in the Public Records of S1. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis xxx XXX XXX XXX XXX Vice-Chairman John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 7th Day of September 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WP\RESOLUTI.N\FIN ISHED,99\StPete's.SP\St.Pete'sRES.wpd File No.: MJSP-99-001 September 7. 1999 Resolution 99-188 Page 3 ·'.$ (8 PAVED HAND.ICAPÞED. 30 PAVED y\ND 128 STABILIZED SPACES) ,) FT. PIERCE UTILITY AUTHORITY ,'. (N.G. V,D,) A 14" PINE TREE AT THE , DWARDS ROAD. F.E.M.A. PANEL NUMBER IX \W I- "W ,0. . t- 0:. SCHEDULE Bono~ WEST ELEV DESCRIPTION 12.50 'TYPE ·C· CArcH BASIN * 11.50 ! 'TYPE ·C" CATCH BASIN * 12.90 lYPE ·C" CATCH BASIN * 11.50 TYPE ·C· CATCH BASIN * < -::J 13.20 TYPE "C" CATCH BASIN * 11.50 * 12.50 , 1.50 11.50 .... c( .. tX., C ~ æ 9 u.. :z: (.) rx ~ ::r:: o· 2, -, 'iiiIí·' '''. " ..... ...' iLl :t: t.- :) ..J ~ f£IJ1A,,.1 "T'P i.£MA'~ A,1 r: ., ~tJ'i~ "'1"l£ë~ '-..." Iþ£ , I-lDr F)f '~JJ ~ tA·· I I¿." _. \ tV 1 ~.~ I-f'N ~~, I'¡ CAt. vr-... 1../ If r:-oR. A. L.;., J.1 E wJ ~..m IJ ~ ~ -n!~ 'l.í~~R AN"D ï7Jp ~'L. IF JJŒ1X"D 'fJ~D,J ~.(~ roR N£,j ~. , A-ND ~. LE -4N D 1>E~~ IP'T1 oto.J E' L ~.c. QuEt(1lS LAllrl'FD;.J1t IA #l. (J~t, "-> V ~ldl- 'r4,J . ,œy" of. ()At:. ~~/~ ~"tne f.1'1~'(A lE.e.,~ IJa.1 ~f1J!1uA.1 /A fJt .:ÞDcl~"~ ¡ ~: ~AJ4f ~~ ~ !;::t '-U~A ~. Çr ?,e£U. k ~«t't ~", -~ - I~~ ~ œ ~/"~ 10'-1 '#-5 · 'O''lt _~' 10' i"-5' 2-+" · ~ /Ø'Z.' .- ~ 4~·~ uw Œ ~ J1 9 1999 æJ \jù (ß Q Z ( .J a: w I- W Q. . f- en :r: o IX: :) ~ o z c( ø: w ::r: I- :) .... ..... ~. COMMUNITY DEVELOPMENT 5T, LUCIE COUNTY FL ""A· __~ _..;. -:. ~ .;.0: --0'-__ I j , ~ " . i I f f ! ¡. r , t ~ . t ; ~J ~- ' ,'~ ¡'~ .~:..\ . " [x]Coonty Attorney Dept Public INVEST TO: BOARD SUBMITTED orgc24ag, <8 '-' ~. ¡f) SOUTH FLORIDA WATER MANAGEMENT,.p.l&uv..Ç~L AGREEMENT UK I b I NA THE SOUTH FWRIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DlSTRICl) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: ST LUCIE COUNTY ENGINEERING COUNTY ENGINEER Address: 2330 VIRGINIA A VENUE FT PIERCE, FL 34982 Project Manager: Don West Telephone No: (561) 462-1707 Fax No: (561) 462- 2362 Hereinafter referred to as: COUNTY PROJECT TITLE: G-8I STRUCTURE REPLACEMENT This number must appear on all Invoices and Correspondence C-I0291 MlWBE Goal: 0% The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Not Applicable Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL AGREEMENT AMOUNT: $101,500.00 Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: Six 6 Months District Project Manager: Paul Ezzo Telephone No: (561) 223-2600 Fax No. 561) 223-2608 SUBMIT INVOICES AND NOTICES TO THE DlSTRICf AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Division Exhibit "H" - Not Applicable Exhibit "I" - Not Applicable Exhibit "]" - Not Applicable Exhibit "K" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable AGREEMENT TYPE: Firm Fixed Price Fiscal Year: Fiscal Year: Fiscal Year: EFFECTWE DATE: Last Date of Execution b the Parties District Contract Administrator: Marilyn Ivory (561) 682-6381 Fax No.: 561 682-6397 or 561 681-6275 SUBMIT NOTICES TO THE COUNTY AT: ST LUCIE COUNTY ENGINEERING COUNTY ENGINEER 2330 VIRGINIA AVENUE Ff PIERCE, FL 34982 Attention: Don West IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued ST LUCIE COUNTY ENGINEERING SOUTH FWRlDA WATER MANAGEMENT DISTRICT COUNTY ENGINEER BY ITS GOVERNING BOARD Accepted By: Signature of Authorized Representative Title: Accepted By: Sheryl G. Wood, Procurement Director Date: BSFy~, MDfj'/If!lsJ~sELAPPROVED, ø;næ ~ Date: (I'll'! Date: fJ/:J 1 /1 c¡ Date: SOUTH Fb1RIDA WATER MANAGE'MENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perfonn all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the fmal work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARfICLE 2 - COMPENSATIONI CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized, 2.2 Notwithstanding the foregoing, the amOlmt expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year fimding allocations for each DISTRICI' fiscal year indicated on Page 1 of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Boord budgetary appropriation, In the event the DISTRICI' does not approve fimding for any subsequent fiscal year, this AGREEMENT shall tenninate upon expenditure of the current fimding, notwithstanding other provisions in this AGREEMENT to the contrary, The DISTRICI' will notifY the COUNTY in writing after the adoption of the final DISTRICI' budget for each subsequent fiscal year if fimding is not approved for this AGREEMENT. 2.3 The COUNTY assmnes sole responsibility for all work which is perfonned pursuant to the Statement of Work, Exhibit "C". By providing fimding hereunder, the DISTRICI' does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work perfonned hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual Wlit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICI' may adjust the consideration for this AGREEMENT to exclude any significant swns by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICI' shall make any such adjus1ment within one (1) year following the expiration or tennination of this AGREEMENT. ARfICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICI"s Contract Number and shall be sent to the DISTRICI"s address specified on Page 1 of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICI'. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT, In the event the schedule does not specifY payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justifY hours expended and expenses incurred within the not-to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor Page 1 of9, Exhibit "B" Contract File:\County.doc 08/23/99 (9 SOUTH FL~A WATER MANAGEMtNT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS inVOIceS, 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the COUN1Y to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT, 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARfICLE 4 - PROJECf MANAGEMENTI NOTICE 4,1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICf's Contract Administrator specified on Page 1 of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRIcrs Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICf under this AGREEMENT shall reference the DISTRICTs Contract Number specified on Page 1 of the AGREEMENT, ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf: save and hold the DISTRICT harmless &om all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATIONIREMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency, The party in default shall then have ten (10) calendar days &om receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party Page 2 of9, Exhibit "B" Contract File:\County.doc 08/23/99 8 SOUTH FL'tfRIDA WATER MANAGE~ENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DisTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or &om time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date oftennination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non- binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties, The mediation process shall be confidential to the extent permitted by law, 6,5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest, Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Boord, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, &om the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notifY the COUNTY in writing to stop work as of a certain date and specifY the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction &om the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1, with the balance of matching fimds and/or in-kind services to be obtained &om the COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching fimding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSIllP 7.1 The COUNTY shall maintain records and the DISTRICf shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service Page 3 of9, Exhibit "B" Contract File:\County.doc 08/23/99 SOUTH FL~DA WATER MANAGEÑltNT DISTRICT EXHIBIT "R" GENERAL TERMS AND CONDITIONS rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment lUlder this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment lUlder this AGREEMENT and upon reasonable notice, time and place, C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance lUlder this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT lUltil the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all docwnents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever, This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "c" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a nonnal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less nonnal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of perfonnance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7,5 The DISTRICT has acquired the right to use certain software under license from third parties. Page 4 of 9, Exhibit "B" Contract File:\County,doc 08/23/99 6) SOUTH FtrsRIDA WATER MANAGE'l'tENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party, Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited, ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICI' lUldertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grolUlds of race, color, creed, national origin, handicap, age, or sex, in any activity lUlder this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal, action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims lUlder state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The COUNTY further lUlderstands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICI', in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICI', in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting fTom this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting fTom the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICI' may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amOlUlt of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNIY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt fTom the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) Page 5 of9, Exhibit "B" Contract File:\County.doc 08/23/99 SOUTH FL~DA WATER MANAGEMkNT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute, 8,8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the COUNTY is prohibited from the expenditure of any fimds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. ARTICLE 9 - RELATIONSIDP BETWEEN THE PARI1ES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the perfonnance on this AGREEMENT. Both parties are &ee to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT, No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISfRIITs credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT perfonnance. ARTICLE 10 - MlWBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in M/WBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the COUNTY's performance, as required by this AGREEMENT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following Page 6 of9, Exhibit "B" Contract File:\County.doc 08/23/99 8 SOUTH FL~A WATER MANAGElWÊNT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS language in this Article 11 shall apply: 11,1 COUNTY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, COUNTY further represents and warrants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century, 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind previously developed by the COUNTY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the COUNTY shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the COUNTY shall refund to the DISTRICT the full amount of the License Fee actually paid to the COUNTY for the software; and, in the case of hardware return, the COUNTY shall refund to the DISTRICT the full amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein, This Article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT, ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this Page 7 of9, Exhibit "B" Contract File:\County.doc 08/23/99 8 SOUTH FtrlRIDA WATER MANAGE'MENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the perfonnance of this AGREEMENT that arises fÌ"om fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perfonn shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that perfonnance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any proVIsions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency, 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party &om performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise, 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof; by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto, 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. AlUICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions, 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those ofthe DISTRICT on and about the site of AGREEMENT performance, Page 8 of9, Exhibit "B" Contract File:\County,doc 08/23/99 8 SOUTH FL'tmIDA WATER MANAGEMtNT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of: and shall provide reasonable protection to prevent damage, injury, or loss to: 13,7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT, 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained ttom the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 9 of9, Exhibit "B" Contract File:\County.doc 08/23/99 '-" ......, C-I0291 ST A TEMENT OF WORK G-81 STRUCTURE REPLACEMENT Structure 0-81 is a two-gate, vertical lift water control structure located on C-24 just south of the C-24/C-25 intersection, This structure is approximately 30 years .old and has been in need of replacement for a number of years. As part of the State Road 68 bridge reconstruction, the St. Lucie County Engineering will replace the aging 0-81 structure concurrently. This agreement provides a mechanism for the South Florida Water management District to reimburse St. Lucie County for its work in replacing 0-81. The District and St. Lucie County agree to the following work and cost breakdown. St. Lucie County will be responsible for: 1) Construction of the Orange A venue Bridge @ C-25 Canal Replacement Project, including the control structure and its associated improvements to replace the District's 0-81 control structure, in accordance with the St. Lucie County plans and specifications noted as Replacement of Bridge Number 940032. 2) Acquisition of required Environmental Resource Permit from SFWMD and Section 404 permit from the Corps of Engineers Regulatory Division, and right-of-way access permit from SFWMD, and concurrence with all permit general and specific conditions. 3) Maintenance of SR 68. The South Florida Water Management District will be responsible for: 1) Removal of the old 0-81 structure. 2) Reimbursement to St. Lucie County in the amount of structure and its associated improvements, to include components. $101,500.00 for the control the following construction a) b) c) d) Aluminum hand rail Rock access roadway Slide gates Oate operators $ 8,700.00 $ 5,800.00 $ 52,000.00 $ 7,000.00 '-'" ...., e) Modification of plans to allow dewatering $ 2,500.00 f) Construction modifications for above $ 25,500.00 3) Electrical service connection as required. 4) Operation and maintenance of the 0-81 structure and canal approaches. The total amount to be paid to 81. Lucie County is $101,500.00. It is anticipated that the G- 81 structure replacement will be finished by February 28, 2000. '-" ."."" RESOLUTION NO. 99-220 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners Budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of an anticipated reimbursement from the South Florida Water Management District for work to be accomplished by the County associated with the Orange Avenue/C24 Bridge Replacement project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 7th day of September, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1998-99, and the County's budget is hereby amended as follows: REVENUES 101001-4115-369930-4315 Reimbursement $101,500 APPROPRIA TIONS 1 01 001-4115-563000-4315 Imp OIT Buildings $101,500 After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX ~ ..." PASSED AND DULY ADOPTED THIS 7TH DAY OF SEPTEMBER, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. DATE: 9/7/99 [X] [ ] [ J TO: to year [X 1 APPROVED [ J OTHER: Fir:ance: EF!', 11/4/93 '-" ......, (', DEPARTMENT OF LEISURE SERVICES Recreation Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mike Leeds, Leisure Services Director FROM: Don McLam, Projects Manager DATE: August 27,1999 SUBJECT: Savanna Restroom/Shower ****************************************************************************** Over the last several years St. Lucie County has been working to resolve some ADA accessibility issues at some of our Leisure Services Facilities. Bids have gone out (through Central Services) and received, contractors chosen for the building or replacement of restrooms at Maravilla Park, Frederick Douglass Memorial Park, Lakewood Park, Ft. Pierce Fanns School, Sportsmen Park West and Savanna Campground. As a result of the engineering and site evaluation cost of the six location, we find ourselves $14,653.74 short of the total cost of the six ADA restrooms. In evaluating the Savanna restroom/shower, we have found the entire facility needs to be replaced. The standard restroom is based on two stalls where the Savanna's needs a three stall restroom. This change results in an additional $27,000.00 shortage. We are $41,653.74 short in completing the six restrooms, the changes to the Savanna restroom is included in this figure. Solution: Year three of the park improvement program (UFF), which starts October 1, 1999 has $94,200 identified for a Walton Scrub Site Boat Dock and year four identifies $41,400.00 for Savanna Park. Knowing that to build a dock of the length and ramp necessary to meet ADA standards will mean drawings and pennits, which can take some time to obtain. Therefore, we are recommending that the Savanna project be moved up to year three utilizing $42,000.00 of the $94,200.00 from the boat dock project. Which would result in $52,200.00 being available to start the boat dock project and $41,400.00 the following year to finish the boat dock project if necessary. Attachment; Year three & four ofUFF Park Improvement Program -' '-"'" ..., 3RD YEAR PARK JMPROVE.J.'1L."IT PROGRA..'d I P:'o' .i.L I Project Title I Project Areas Project Amount I . Ject ~ I I I 1 I Black P~ Boat Ramµ Park I Cëmni $87,500 I ! I I I I " ~oore' s C:~...k Boat RamI) P3rk Cemr:ù $64,500 I I - I I I , ~ South Causeway Boat Ramµ P:U-<Á I C ~:!I!"1.1 $71,000 , ~ ..1 I ~orth Causeway Boat Ramµ P:n-k I Nor-.i I $76.700 I I , I , I II ~ :JorJ1 Port .Yïar~ Isianå Boa¡ RamI) i S mr..i $5ï, ..iQ0 - i ó Savanna 30at :R.Jmµ .-\re:!. C -::¡¡:-d $48,700 Ii I :1 :1 - i I I Waiton Raaå F. - )TD, P~k Boa¡ Dock South $94.:00 TOT.-U. $500 000 ~ -....;. 4TH YEAR PARK IMPROVEMENT PROGRAM I Project # I Project Title I Project Areas I Project Amount I I I I I ! I I I I . lawnwood Park Central $68.800 I I I I I I " Sportsman's Park I South $31.800 .:; I I I I I , Port St. Lucie Pool i South $12.::00 : 3 I I ! I ,I I Ooen Soace Pool I J. Centrai $12.':300 I ~ I 'Naltcn Ccmmunitv Canter Southeast I $1.1.300 I , I ¡ I I Lincoln Pan< Community Canter I Central 6 ! $16,500 , I I I I Fort Pierce Community Center ! Central S4ì.-:-CO I I 8 , Veteran's \¡1emorial Park Central $ì6.~00 .- . I I 9 I Cld Fore Site :f F~rt P~erce Park Central $23,::00 [ I I i I 10 Savannas Park I Central S41,~CO I I :1 I I I . . Maraviila Park Central $34,500 I I I I I 12 Historicai \1useum Grounds I East $28AOO I I ~, I ¡ 13 Scruce Bluff South I $90.900 I I I TOTAL I $500.000 ,¡ '-' ......" AGENDA REQUEST ITEM NO. A-1 DATE: 9-7 -99 REGULAR PUBLIC HEARING [ CONSENT [x TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: Authorization to prepare and execute loan agreement and related legal documents for automated services funding. BACKGROUND: On August 10, 1999, the Board approved the preparation of a loan agreement with Commercial & Municipal Capital, LLC, for $535,000 to provide financial support for automated services public safety project expenditures. The County was not able to arrive at acceptable loan agreement terms with CMC, and there for we are requesting approval to prepare and enter into a loan agreement with the next most competitive respondent, SunTrust Bank, and to execute related legal documents as required. The County will use $205,096.50 in currrent cash balances to initiate the project pending receipt of the loan. FUNDS AVAilABLE: N.A. PREVIOUS ACTION: Board approval of financial proposal and Budget Resolution #99-205 of August 10, 1999 RECOMMENDATION: Staff recommends the Board of County Commissioners (1) authorize the staff to prepare and the Chairperson to execute a loan agreement with SunTrust Bank in the amount of $535,000, and (2) adopt Resolution # 99-225. COMMISSION ACTION: [ X] APPROVED [ ] OTHER: [ ] DENIED Doug Anderson ounty Administrator Corrected amount is $540,000 County Attorney: (}š/ Coordi nation/Sic natures Management & Budget: XX Y Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable)..2L...- " '-- '-' \:J / IŒSOLUITON NO. 99-E .) A RESOLUTION OF 'mE BOARD OF COUNTY COMMISSIONERS OF ST: LUCIE COUNTY, FLORIDA; AUIHORlZING THE ACQUlSmON OF COMPUTER EQUIPMENT AND SOFTWARE TO BE USED FOR PUBLIC SAFETY PURPOSES WlTmN THE COUNTY; PROVIDING FOR THE BORROWING OF NOT EXCEEDING $5-40,000 FROM SUNTRUST BANK~ CENTRAL FLORIDA. NATIONAL ASSOCIATION, TO PAY THE COSTS ASSOClA1ED wrm SUCH ACQUISmON; PROVIDING FOR 1HE ISSUANCE OF AN IMPROVEMENT REVENUE NOTE, SERIES 1999, TQ EVIDENCE mE COUNTY'S OBLIGATION TO REPAY SUCH AMOUNT; PROVIDmO FOR 1HE PAYMENT OF TIlE NOTE AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT IN CONNECTION THEREWlTIi; COVENANTING TO BUDGET AND APPROPRIATE FROM NON-AD VALOREM REVENUES AMOUNTS NECESSARY TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION wrm TIŒ DELIVERY OF TIŒ NOTE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is ,adopted pursuant to the provisions of Chapter 125, Part I, Florida St.ab.Jks. Ordinance No- 87-77 of St. Lucie County, Florida (the "County"). and other applicable provisions of law (collectively, the "Aþt"). SBCTION 2. DEFINITIONS. The foUowing ten.n$ shall have the following meanings when used in this resolution unless tbe context clearly teqUÌl'eS otherwìse. Words ~rting sIDgula:r numbers shall include the plural numba' in each case and vice versa, and words importing persons shaD include firms and corporatiOD$.. Capita1îzed terms used herein and nOt ~ defined shall have the meatJing set forth in the Lœn~. "Bank" means SunTru$t Bank, Central Florida, National Association, West Palm B~ Fk>rida. . "Board" means the Board of County Commissiooers,. as the governing body of the County. "Chalrman" mean,<; the Chainnan of the Board. or in the Cbaitman's absence, the Vice Chainnan. . ~C1erk" means the CleJ:k of the Circuit Court of the County, or, in the Clerk's absence, any Deputy Clerk. ¡.?9oY IJ124Wlsro-Q0077Æ.-AuTli COMPUTER L(MN 9/ë: 3:JVd '01 'WOH~ ¿I'SI ss-e0-das ~ "'-" ~'Commitmenf' xneans the ComrnítmelIt daœd August 4~ 1999, of the Bank for purchase of the Note; attached to 1he Loan Agteement as Exhibit B. "County" mea:ns St. Lucie Co1.m.ty~ Florida. "County Administrator" xneaos the County Adroinistrator of the County. ""Covenant'" means the covenant to budget and appropñate moneys 10 pay the Note contained in Section 11 of the Agreement. "Financial Advisor" means Williæn R. Hough & Co., Orlando, Florida. "Loan" means the advance of moneys from the Bank to the County pu¡suant to the Loan. Agreement. "Loan Ag¡eement" means 'the agreement between the Bank and the County setûng forth the tertnS and details of the Loan, in subsœntiaUy the form attadled hereto as &hibit I. "Management and Budget Administtator" means the Maæ.gemént and; Budget Administrator of the County. 'Wore" means the Improvement Revenue Note, Series 1999 (Computer EquipmenO. of the County. which shall be in substantially the fann attached to the Loan .A¡t-ëement as Exhibit A. "Project" means the acquisition of compnterbardware and software 10 replace outdated. computer equipment to be used for public safety purposes within the County, and such othe.r expenditweS as may be approved. by the Board. "Projc:ct Costs~ meaDS all or ð. portion of the cost of undertakirJg the project including, but not limited to: engjneerú1g. legal. accounting. and financial expenses; expenses for estlroa.tes of costs and of revenues; expense$ for p~ specifications and surveys; fees of fiscal agents, ':financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any swm heretofQre expended for the foregoing purposes (to the extent that such reimbursement is permitted under the Code); and such other oosts and expenses as 1J.12Jy be necessary or incidental 10 the :fiD.anclna or refinancing of'the Project. "Resolution" meaœ, collectively, this resolution and alll'e$Jlutions amendatory hereof and supplemental he:œto. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board: (A) The CcWlfY ha$ æquested and received proposals from various lending institutions in connection with the financing of computer equipment for the County. The ~aement and Budget Adm.ini$tra.tor and Financial Advi!Qr have reviewed all of the proposals and have j\JdSed the )37'.i'v1J3M8iI2~JIt-AliTH COMPl!1611 LOA.'i 5/& S:;)'dd '01 'HO~~ 81'51 SS-&0-dSS ~ '-" proposal attached to the Loan Agreement as Exhibit B as being the best proposal. ~ the County's financing requiremems. (B) It is necessary æJ.d desìrable to provide fot the securing of the Loan ~ for the execuÛQn and delivery of the Loan Agreement and the îssuanœ of the Note in connection therewith. SECTION 4. AUTIiORIZA TlON OF NOTE. Subject and pursuant to the provisions hereof and m accordance with the provisions of the Loan Agreement and the Commitxnen1, the issuance by the County of an Improvement Revenue Note, Series 1999 (Computer Equipment), in a principal amount not to exceed Five Hundted Forty Thousand DoOm ($540,000) 10 be dated, to bear interest, to be payable. to mature,. to be sut!ject to redemption and to have such other ~cs as pro-vided in the Loan Agreement and the Commitment, and to be secured solely by the Covenant. is hereby audloriZÐd SECTION 5. APPROVAL OF COMMITMENT. The recommendation: of the Management and Budget Administrator and Y1n8nCW Advisor to acœpt the Commitment is hereby approved and the County Administrator, Financial &1visor, County Attorney and BoDd Counsel (the "County Finance Team") axe hereby authorized and directed to proceed to prepare the necessary documents to implement the financing. SBCTION 6. APPROVAL OF FORM OF LOAN AGREEMENT AND NOTE, The Loan Agreement and the ~te attached beceto a:od incorporated herem by this reference, in substantially the form attaChed hereto as Attachment I, ate hereby approved, and the Chairman and Clerk. are hereby authorized to execute and deliver such documents and to take such other actions as shall be necessa:tY to consummate tb.e Loan- SECTION 7. DELIVERY OF NOTE. The delivery of the Note to the Bank is hereby authorizM- The Chaín)\~ the CleIk, 1he County Adm.ínistratm~ and the County Attomey;are each designated ~nents of "the County in connection with the execution and delivery of the Note and are authorized and ernpo~ collectivåy or individœl1y> to take aU adion and steps tö execute and deliver any and aU instruments:> docu:m.ents or contracts on behalf of the County which are necessary or desiW>le in connection with the execution and delivery of the Note to the Bank. including, but not limited to, modifications to 1:I1ð Loan Agreement to conform to the Commitment. SECTION 8. REPEAL OF INCONSIS1ENT PROVISIONS. All resolu:tions, or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. SECTION 9. SEVERABILITY. If anyone Or more of the cevenants. agreem~ or provisions of this resolution should be held c.ontraIy to any express provision of law or cdntra:ry to the policy of express law, though not expressly probibi~ or against pubJíc policy, or shall for any reason whatsoever be held invaJi~ then such covcna:ntSt agreements, Of provisions shall be: ' null and void and sha.11 be deemed separate from 1he remainin¡ ccvenan~ agreements or provisio~ and in no way affect the validhy of all other pro'Visíoos of this resolutiQn or of the Note or Loan Agreement delivered hereunder. 3I19v1I3:lM12*~"I!I.·AUT¡'¡ CQt.IØ1JTEIl LQA.... 9/17 3::>\id =(]I 'WOHd 8t'S1 es-eø-d3S '-" "'-' SECTION 10. AMENDMENT. This resolution may not be amc::nded or repealed except with the prior written consent of the Bank. SECTION 1 L EFFECTIVE DATE. This resolution sb.alI take efffd immediately upon its adoption. PASSED AND ADOPTED this 7"Qt day of September. 1999. at a regular meeting ~Iy called ~œ~ . ST. WCIE COUNIY. FLORIDA (SEAL) By: Chainnan of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court. ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: COunty Attorney :;g799]J~~11R.-Àt.'TH~ER LOA.H s/s EI~Vd '01 'wo~~ 81'SI 88-E0-dElS ""- i j ......" LOAN AGREEMENT between ST, LUCIE COUNTY, FLORIDA and SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION Dated September ---:> 1999 Relating to St. Lucie County, Florida $540,000 Improvement Revenue Note, Series 1999 (Computer Equipment) III DRAFT '-'" .,....", ¡ TABLE OF CONTENTS ~ SECTION 1, DEFINITIONS .".",.,.",.""..",.,."""..""...".".," 1 SECTION 2, INTERPRETATION". .", ." " ""."."""", ""'" , " , , " . . .4 SECTION 3, THE LOAN . , " . ., "",. ",. .""""" , . .' ., . . . . """ , , " , ",,4 SECTION 4, DESCRIPTION OF NOTE ".""..",..""""""""..,',.,"" 4 SECTION 5, EXECUTION OF NOTE, , . . , , , . , , , , , . , , , , , . , , . , . . , , , , , , , , , , , , , , . , , 5 SECTION 6, REGISTRATION AND TRANSFER OF NOTE """""""..",..",,5 SECTION 7, NOTE MUTILATED, DESTROYED, STOLEN OR LOST , , , , , , , . , , , , , . , , , 6 SECTION 8. FORM OF NOTE, , , . , , , , . , , , , , , , , , , , , , , , , , , , , , , , , . , . , , , , , . , , , , , , , 6 SECTION 9, SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTY .",.""",6 SECTION 1o, COVENANTS OF THE COUNTY ".""",."""..."""""..,.7 SECTION 11. REPRESENTATIONS AND WARRANTIES .."""",...."""".,.8 SECTION 12. CONDITIONS PRECEDENT , , , , , , , , , , . . , , , , , , , , , , , , , , . , , . , , , , , , , , 9 SECTION 13, NOTICES. , . . , , , , . , , . , , , , , , , , , , . , , , , , , . , , , , , , . . , , , , , , , . , , , . , . , 9 SECTION 14, EVENTS OF DEFAULT DEFINED ",.,."""""""""""",,11 SECTION 15, REMEDIES. , . , , , , . , , , . . , , . . , , , , . , , , , , , . , . . , . . , , , , , , , . . , , , , , , , 12 SECTION 16, NO RECOURSE " . , , , , . , , , , , , , , . , , , , , , . , , , , , . . . , , , , , , , , . , , . , , ,12 SECTION 17, PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS ,.",.12 SECTION 18, AMENDMENTS, CHANGES AND MODIFICATIONS. , , , , , , , , . , , , . , , , 12 SECTION 19, BINDING EFFECT, , , . . , , , . , , , , . , , , , , . . , , , , , , , , , . . , , , , , . . , , . , , , 12 SECTION 20. SEVERABILITY. , , , , . , , , , . , , , , , , , , , . . , , , , , , , , , , , . . , , , , , . , , , . , , 12 SECTION21. EXECUTION IN COUNTERPARTS ",."",."""",..""",.,,12 SECTION 22. APPLICABLE LAW .",.", , "". .", ," . ."", ,,' , . . . . , '" . ",12 ""' ....." j This LOAN AGREEMENT is made and entered into as of September ---y 1999, by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION, West Palm Beach, Florida (the "Bank"). ~IINE.s..s.EIH.;. WHEREAS, the County has determined that it will be necessary, desirable and in the best interests of the County and its inhabitants that the County undertake the Project hereinafter described and that the Project will serve essential public purposes of the County; and WHEREAS, the County has determined that it will be without adequate currently available funds to pay the Project Costs, and that it will be necessary that funds be made available to the County in order to undertake the Project; and WHEREAS, the County requested commitments trom various lending institutions to provide the County with financing for the Project Costs; and WHEREAS, pursuant to the Commitment, a copy of which is attached hereto as Exhibit B, the Bank has agreed to lend the County the aggregate principal amount of $540,000 to finance Project Costs; and WHEREAS, the Commitment was determined to be the lowest responsive commitment submitted; and WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County enter into the Covenant to secure the obligation of the County to repay the principal of and interest on the Note when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Note shall not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation ofthe County, secured solely by the Covenant in the manner provided herein, The County is not obligated to levy taxes on any property of or in the County to pay the principal of or interest on the Note or to make any other payments provided for herein, Furthermore, neither the Note nor the interest thereon shall be or constitute a lien upon the Project or upon any other property of or in the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1, DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: 1 ~ ~ i "Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance 87-77 of the County, and other applicable provisions oflaw, "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy of the County and applicable law, "Bank" means SunTrust Bank, Central Florida, National Association, a national banking association, located in West Palm Beach, Florida. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P, "Business Day" means any day of the year other than a day on which the Bank, or the County are lawfully closed for business, "Chairman" means the Chairman of the Board of County Commissioners of the County, or, in the Chairman's absence, the Vice-Chairman of the Board of County Commissioners, or such other person as may be duly authorized to act on the Chairman's behalf "Clerk" means the Clerk of the Circuit Court for St. Lucie County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf "Code" means the Internal Revenue Code of 1986, as amended, "Commitment" means the Commitment of the Bank, a copy of which is attached hereto as Exhibit B, "County" means St. Lucie County, Florida, "County Administrator" means the County Administrator, as the chief executive officer of the County, "Covenant" means the County's covenant to budget and appropriate funds to pay the Note and the interest thereon, as set forth in Section 10 hereof "Default" means an Event of Default as defined and described in Section 14 hereof "Disbursement Date" means the Date oflssue as shown on Exhibit A hereto, "Financial Advisor" means William R. Hough & Co" Orlando, Florida, 2 'r ...."", "Fiscal Year" means the period from each October 1 to the succeeding September 30, "Interest Rate" means the interest rate shown on Exhibit A hereto, "Loan" means the loan by the Bank to the County for the purpose of financing the Project Costs pursuant to the terms of this Agreement. "Maturity Date" means the date on which all outstanding principal of the Note is due as shown on Exhibit A hereto, "Non-Ad Valorem Revenues" means all revenues received by the County (a) from sources other than the levy of ad valorem taxes upon property, and (b) not restricted by law so as to be unable to be applied to pay the principal of and interest on the Note, provided, that the Non-Ad Valorem Revenues are subject to liens upon all or any specific portion of such revenues, whether now existing or hereafter arising, "Note" means the Improvement Revenue Note, Series 1999 (Computer Equipment), of the County in substantially the form attached hereto as Exhibit A. "Paying Agent" means the Clerk of the Circuit Court of the County, "Payment Date" means the dates on which interest on the Note is payable, as shown on Exhibit A hereto, "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons, "Prepayment Date" means any date of prepayment of the principal of Loan by the County, whether in whole or in part, "Principal Amount" means the principal amount shown on Exhibit A hereto, which shall not exceed Five Hundred Forty Thousand Dollars ($540,000), "Project" means the acquisition of computer hardware and software to replace outdated computer equipment used by the Public Safety Department of the County, and such other expenditures as may be approved by the Board, "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes (to the extent that such reimbursement is permitted under the Code); payment of interest on the Loan prior to its maturity; and such other 3 'r ...."" costs and expenses as may be necessary or incidental to the financing or refinancing of the Project. "Register" means the books maintained by the Registrar in which are recorded the names and address of the Registered Owner of the Note. "Registered Owner" means the person in whose name the ownership of the Note is registered on the books maintained by the Registrar, The Registered Owner shall initially be the Bank. "Registrar" means the Person maintaining the Register. The Registrar shall initially be the Clerk, "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 1 03 and 141 through 150 of the Code, "Resolution" means Resolution No, 99- ---y of the Board, adopted on September 7, 1999, as amended and supplemented from time to time, "State" means the State of Florida, SECTION 2, INTERPRETATION, Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa, This Agreement and all the terms and provisions hereof ( a) have been negotiated between the County and the Bank; (b) shall not be construed strictly in favor of or against either party hereto; and ( c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3, THE LOAN, A. LOAN, The Bank hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein, B. DISBURSEMENT QEPROCEEDS, Proceeds of the Loan shall be made available by the Bank to the County by deposit to or for the order of the County by 2:00 p,m, on the Disbursement Date in immediately available funds, SECTION 4, DESCRIPTION OF NOTE, The obligation of the County to repay the Loan shall be evidenced by the Note, The Note shall be dated as of the Disbursement Date; shall mature as set forth in the Note; shall be in registered form; and shall bear interest from its date until payment of the principal amount thereof, at the Interest Rate shown on Exhibit A hereto, subject to adjustment as set forth in Schedule I to Exhibit A. Interest shall be payable as set forth on Exhibit A, calculated on the basis of a 360-day year consisting of twelve 30-day months and the actual number of days elapsed. The Note may be prepaid in whole or in part prior to maturity without penalty, 4 '-r ....", SECTION 5, EXECUTION OF NOTE. The Note shall be executed in the name of the County by the Chairman and attested by the Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon, The Note may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such Note shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The Note may be executed by the facsimile signatures ofthe Chairman and/or Clerk, provided that at least one of the foregoing signatures must be a manual signature, SECTION 6, REGISTRATION AND TRANSFER OF NOTE. The Note shall be and shall have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code-Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting the Note, shall be conclusively deemed to have agreed that such Note shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of the Note is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute owner of the Note for all purposes, whether or not the Note shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar, Ownership ofthe Note may be transferred only upon the Register, Upon surrender to the Registrar for transfer or exchange of the Note accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered Note of the same amount, maturity and interest rate as the Note surrendered. No transfer of the Note shall be effective until entered on the registration books maintained by the Bond Registrar and until the transferee (which must be an "accredited investor" within the meaning of Rule 501(a) ofRegulationD promulgated under the Securities Act of 1933, as amended) shall have delivered to the Bond Registrar an investment letter in the form and substance of the investment letter delivered by the Bank upon the issuance of the Note, The Note presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney, The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the delivery of such Note, The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto, Such charges and expenses shall be paid before any such new Note shall be delivered, 5 'r "'" The new Note delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Note surrendered, shall be secured under this Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Note surrendered, Whenever the Note shall be delivered to the Registrar for cancellation, upon payment ofthe principal amount thereof, or for replacement, transfer or exchange, such Note shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County, SECTION 7, NOTE MUTILATED, DESTROYED, STOLEN OR LOST. In case the Note shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Note oflike tenor as the Note so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Note, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Note, upon surrender of such mutilated Note, if any, to the Registrar and the cancellation thereof; provided however, if the Note shall have matured or be about to mature, instead of issuing a substitute Note, the County may pay the same, upon being indemnified as aforesaid, and if such Note be lost, stolen or destroyed, without surrender thereof. Any Note surrendered under the terms of this Section 7 shall be cancelled by the Registrar. Any such new Note issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Note, the lost, stolen or destroyed Note be at any time found by anyone, and such new Note shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the Note originally issued hereunder, SECTION 8, FORM OF NOTE. The Note shall be in substantially the form of Exhibit A hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Agreement. SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Note shall be secured forthwith solely by the Covenant. The principal of and interest on the Note shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Note, The Note shall not be secured by, nor constitute, a lien upon, the Project or upon any other property of or in the County, but shall be secured solely by the Covenant in the manner provided herein, 6 "'" ......, SECTION 10, COVENANTS OF THE COUNTY. Until the principal of and interest on the Note shall have been paid in full or until provision for payment of the Note shall have been made in accordance with the provisions of this Agreement, the County covenants with the Registered Owner ofthe Note as follows: A. COVENANT IQ BUDGET Mll2 APPROPRIATE, The County covenants to budget and appropriate in each Fiscal Year trom Non-Ad Valorem Revenues amounts sufficient to provide for the timely payment of the principal of and interest on the Note, The County shall include in its annual budget, by amendment if necessary, such amounts of Non-Ad Valorem Revenues as shall be needed in order to provide for payment of the principal of and interest on the Note, when due; provided that the Covenant shall be deemed to be junior and subordinate to any lien upon all or any specific source of Non-Ad Valorem Revenues, whether now existing or hereafter created, and shall not be deemed to preclude the County from hereafter pledging all or any specific source of Non-Ad Valorem Revenues to secure the payment of any debt or obligation of the County hereafter issued, so long as such future issuance will not have the effect of impairing the obligation of the County under this Agreement and the Note or of making unavailable sufficient amounts of reasonably anticipated N on-Ad Valorem Revenues to make timely payment of the principal of and interest on the Note, B. PAYMENTS, The County will make timely payments of all principal of and interest on the Note when due by wire transfer or other medium acceptable to the County and the Bank, C. FINANCIAL STATEMENTS. As soon as available, and in any event not later than one hundred eighty (180) days following the end of each fiscal year, the County will provide the Bank with a copy of the Comprehensive Annual Financial Report of the County, D, ANNUAL BUDGET AND OTHER INFORMATION, The County will prepare its annual budget in accordance with the Act, and will within thirty (30) days of adoption thereof by the Board, provide to the Bank a copy of its final annual budget for each Fiscal Year, The County will also provide to the Bank such other public information regarding the County and its affairs as the Bank may reasonably request. E. TAX COMPLIANCE. Neither the County, nor any third party over whom the County has control, will make any use of the proceeds of the Note at any time during the term hereof which would cause the Note to be a "private activity bond" within the meaning of Section 1 03(b )(1) of the Code or an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code, The County covenants throughout the term of the Note, to comply with the requirements of the Code and the Regulations, as amended trom time to time, The Note has been designated as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code, The County will take all actions necessary to maintain the exclusion trom gross income for purposes of the Code of interest on the Note and the status ofthe Note under Section 265(b )(3)(B) of the Code to the same extent as on the date of issuance of the Note, 7 ........ .....,; F, YEAR 2000 COVENANT. The County covenants to take all action reasonably necessary to assure that the County's computer-based systems are able to operate and effectively process data, including dates, on and after January 1, 2000; provided that the County shall have no responsibility for year 2000 compliance problems caused by third parties over whom the County has no direct control. [G. COVERAGE. The average Non-Ad Valorem Revenues (with the exception of "enterprise fund" revenues) for the two most recent Fiscal Years of the County must always equal or exceed two times (2.0) the combined maximum annual debt service payments in each year while the Note is outstanding and unpaid on all outstanding and proposed debt secured by all or any specified portion of Non-Ad Valorem Revenues (with the exception of "enterprise fund" revenues).] H, OTHER COVENANTS, The County shall comply with such additional covenants as may be required by the Bank pursuant to its Official Commitment and specified in Exhibit B attached hereto, SECTION 11. REPRESENTATIONS AND WARRANTIES, The County represents and warrants to the Bank that: A. ORGANIZATION, The County is a political subdivision, duly organized and existing under the laws of the State of Florida, B. AUTHORIZATION OF AGREEMENT AND RELATED DOCUMENTS, The County has the power and has taken all necessary action to authorize the execution and delivery of, and the performance by the County of its obligations under, this Agreement and the Note in accordance with their respective terms, This Agreement and the Note have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance, C. NON-AD VALOREM REVENUES, The County currently receives the Non-Ad Valorem Revenues and is legally entitled to covenant to budget and appropriate from such Non-Ad Valorem Revenues amounts necessary to pay the principal of and interest on the Note when due, The Non-Ad Valorem Revenues are estimated to be sufficient to pay the principal of and interest on the Note as the same becomes due, The County shall take all lawful action necessary to enable the County to continue to receive the Non-Ad Valorem Revenues in at least the amounts necessary to pay principal and interest on the Note to the extent not paid from some other source; provided that the County shall not be required to maintain any specific program or provide any particular services that may be a source of Non-Ad Valorem Revenues. D, FINANCIAL STATEMENTS, The Consolidated Annual Financial Report of the County for the Fiscal Year ended September 30, 1998, previously provided to the Bank have been 8 ~ ......, prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the County as of such date and the results of its operations for the period then ended, Since such date, there has been no material adverse change in the financial condition, revenues (including, without limitation, the Non-Ad Valorem Revenues), properties or operations of the County, SECTION 12, CONDITIONS PRECEDENT, The obligation of the Bank to make the Loan is subj ect to the satisfaction of each of the following conditions precedent on or before the Disbursement Date: A. ACTION, The Bank shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Agreement, the executed Note, and the customary closing certificates, B. INCUMBENCY QE OFFICERS, The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Agreement and the related financing documents on behalf of the County, C, OPINION OF COUNSEL TO THE COUNTY. The Bank shall have received a written opinion of counsel to the County addressing matters relating to (1) the existence of the County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Agreement and the Note and the related financing documents; and (4) the absence of litigation against the County relating to its existence or powers, or the proceedings for the authorization and issuance of the Note, in form and substance satisfactory to the Bank, D, OPINION OF BOND COUNSEL. The Bank shall have received an approving opinion of Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the approving opinion of Bond Counsel delivered to the County in respect to the Note to the same extent as if such opinion were addressed to the Bank, E. REPRESENTATIONS M:ID WARRANTIES; till DEF AUL T , The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Disbursement Date, as if made on and as of such date; no Default shall have occurred and be continuing as of the Disbursement Date or will result tfom the consummation of the Loan; and the Bank shall have received a certificate from the County to the foregoing effect, F, OTHER DOCUMENTS, The Bank shall have received such other documents, certificates and opinions as the Bank or its counsel shall have reasonably requested, SECTION 13, NOTICES, All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by te1ecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: 9 ~ "'" County: Douglas M, Anderson, County Administrator 51. Lucie County, Florida County Administration Building 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: County Attorney 10 ~ ......, Bank: SunTrust Bank, Central Florida, National Association 200 South Orange Avenue Orlando, Florida 32801 Attention: Todd Morley, Corporate Banking Officer Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 14. EVENTS OF DEFAULT DEFINED, The following shall be "Events of Default" under this Agreement, and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), anyone or more of the following events: A. failure by the County to make any payment of principal of or interest on the Note within three (3) days of the applicable Payment Date or the Maturity Date, B, failure by the County to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Agreement for a period of thirty (30) days after written notice of such failure shall have been delivered to the County by the Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration; C. the making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement which is false or misleading in any material adverse respect; D, the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days, 11 '-" ...,,; SECTION 15, REMEDIES, The Bank may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws ofthe State of Florida or the United States of America, The County and the Bank waive the right to a trial by jury of any and all claims made between them related to and arising out of this Agreement, the Commitment, the Resolution and the Note, whether now existing or arising in the future, including, without limitation, any and all claims, and intervenor's claims, whether arising from or related to the negotiation, execution and performance of the transactions to which the Commitment relates. SECTION 16, NO RECOURSE, No recourse shall be had for the payment of the principal of and interest on the Note or for any claim based on the Note or on this Agreement, against any present or former member or officer ofthe Board or any person executing the Note. SECTION 17. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS, In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 18. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be amended only in writing signed by both parties hereto, SECTION 19, BINDING EFFECT. To the extent provided herein, this Agreement shall be binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and their respective successors and assigns, SECTION 20. SEVERABll.JTY. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof SECTION 21. EXECUTION IN COUNTERPARTS, This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument, SECTION 22, APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State, 12 ~' "-'" IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written, (SEAL) ATTEST: By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION By: Vice President 13 '-" ......, EXHIBIT A FORM OF NOTE No, R-l $540,000 ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, SERIES 1999 (Computer Equipment) RATE QE INTEREST MATURITY DATE DATE QE ISSUE See Schedule Attached Hereto See Schedule 1 September --.:> 1999 REGISTERED OWNER: SunTrust Bank, Central Florida, National Association PRINCIPAL AMOUNT: Five Hundred Forty Thousand Dollars KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Principal Amount shown above, in installments on the dates and in the amounts shown on Schedule 1 hereto, with the final installment of principal and interest being payable, upon presentation and surrender hereof at the office ofthe County Finance Director, as Registrar and Paying Agent, and to pay solely ITom such funds interest on the principal balance outstanding from time to time from the date of this Note or from the most recent Payment Date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, at the Rate of Interest set forth on Schedule _ attached hereto, such interest being payable semi-annually on , 2000, and on each 1 and 1 thereafter until maturity, by check or draft mailed on or before the Payment Date, to the Registered Owner at his address as it appears on the registration books of the County kept by the Registrar; provided, that such payment may at the written request and expense of such Registered Owner be by wire transfer or other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Note are payable in lawful money of the United States of America. This Note is issued to finance the costs of the acquisition and construction of jail improvements within the County under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, Ordinance No, 87-77 of St, Lucie County, Florida, and other applicable provisions oflaw, and A-I '-" ...", . Resolution No. 99--, duly adopted by the Board of County Commissioners (the "Board") on September 7, 1999 (the "Resolution"), and a Loan Agreement between the County and SunTrust Bank, Central Florida, National Association, dated September -' 1999 (the "Agreement"), to which reference should be made to ascertain those terms and conditions, This Note is payable from and secured solely by the covenant of the County, contained in Section 1 0 of the Agreement, to annually budget and appropriate and pay to the Registered Owner hereof the amount due and payable under the Note on each Payment Date and on the Maturity Date (the "Covenant"), all in the manner provided in, and subject to the terms and conditions of, such Resolution and the Agreement. The principal of and interest on this Note shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Note, The principal of and interest on this Note shall not be secured by a lien upon the Project, or upon any other property of or in the County, but shall be secured solely by the Covenant in the manner provided herein and in the Agreement. Reference is made to the Agreement for the provisions relating to the security for payment of this Note and the duties and obligations of the County hereunder, This Note may be transferred as assigned by the Registered Owners to any financial institution or other accredited investor as defined and in the manner provided in the Agreement. Otherwise, this Note may not be transferred or assigned by the Registered Owner without the prior written consent of the County, It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Note, have been performed, exist and have happened in regular and due form and time as so required, A-2 '-" -....I' .. IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed by the Chairman or Vice-Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, as of this _ day of September, 1999. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney A-3 '-" ..." I .. SCHEDULES TO ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, SERIES 1999 (Computer Equipment) '-'" _ r .. . SCHEDULE 2-1 SCHEDULE 1 PAYMENT RECORD ....., ~ """ e ,. ~ SCHEDULE 2 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS The rate of interest on this Note (the "Fixed Rate") shall be adjusted, as set forth below, in the event of a change in the qualified tax-exempt status of the Note, the maximum corporate tax rate, or the preference reduction rate, Interest Rate if Note Becomes Taxable, If the Note is deemed a "qualified tax-exempt obligation" whereby the interest earned on the Note is excluded from the gross income of the Registered Owner when determining Federal and State tax liability, and the Note is issued at a tax exempt rate but later the interest on the Note becomes taxable (i,e" ceases to be a "qualified tax- exempt obligation") for whatever reason, then the Note will bear interest trom the earliest effective date as of which interest payable on the Note is includable in the gross income of the Registered Owner at a fixed rate of 6,62%, The County shall also pay any additions to tax, penalties, and any interest on the Note and its gross income for Federal Income Tax purposes, and any arrears in interest resulting from such a determination of taxability, Any penalties in the form of interest or otherwise shall be paid by the County on the next succeeding interest payment date, The Fixed Rate shall be adjusted automatically as of the effective date of any change in the Maximum Corporate Tax Rate, presently 35%, or in the Preference Reduction Rate, presently 20% (hereinafter defined), based upon the following calculations, Provided, however, if the Note is not a qualified tax-exempt obligation within the meaning of Section 265(b )(3) of the Code on the Date ofIssue, or if the Note at any time subsequent to funding no longer qualifies as a "Qualified Tax- Exempt Obligation," then the Preference Reduction Rate (hereinafter defined) shall be adjusted as of the Date ofIssue or as of such subsequent date, as the case may be. Upon the occurrence of any of the foregoing events, the Fixed Rate shall be adjusted to the product obtained by multiplying the Fixed Rate by a fraction, the numerator of which is equal to the sum of (i) the product of the "Fully Taxable Equivalent" times one minus the Maximum Corporate Tax Rate in effect as of the day of adjustment, plus (ii) the TEFRA Adjustment (hereinafter defined) in effect as of the date of adjustment, and the denominator of which is equal to the sum of (i) the product of the "Fully Taxable Equivalent" times one minus the Maximum Corporate Tax Rate in effect as of the Date ofIssue plus (ii) the TEFRA Adjustment in effect as of the Date ofIssue. For the purpose hereof (1) "TEFRA Adjustment" means an adjustment equal to the product of the following: Cost of Funds multiplied by the applicable Maximum Corporate Tax Rate multiplied by the applicable Preference Reduction Rate; (2) "Cost of Funds" means one hundred (100) multiplied by a traction, the numerator of which is equal to the total interest expense of SunTrust Banks, mc" for the immediately preceding tax year and the denominator of which is equal to the average total assets of SunTrust Banks, Inc" but at no time will be determined to exceed the SCHEDULE 2-2 '-" ~ i - .. cost of Fed Funds; (3) "Preference Reduction Rate" means the percentage reduction to be applied to the amount allowable as a deduction under Chapter I of the Code with respect to any financial institution preference item (as such term is defined in Section 291(e) of the Code); and (4) "Fully Taxable Equivalent" means 6.47% expressed as a number and not as a percentage (for example, if the "Fully Taxable Equivalent" is 6%, the Fully Taxable Equivalent is six (6», SCHEDULE 2-3 ... <-:~ '. ........ EXlllBIT B CONßfiTMENTLETTER 388Ov1l28902-0001/A-LOAN AGREEMENT -COMPUTER EQUIP B-1 '\ .....",