FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF DIRECTORS’ MEETING Open to the Public
Key West Doubletree Resort 3990 South Roosevelt Blvd. Key West, Florida 33040
Thursday, September 26, 2019
EXECUTIVE SESSION-LABOR CONTRACT NEGOTIATIONS
Closed to the Public
10:30 a.m. REGULAR MEETING AGENDA
INVOCATION
PLEDGE OF ALLEGIANCE
EMPLOYEE AWARDS
Shannon Velazquez 15 Years of Service Rosa Pujol 20 Years of Service
EMPLOYEE OF THE QUARTER
Ariel Sanchez
APPROVAL OF MINUTES August 27, 2019 Labor Committee Meeting August 28, 2019 Regular Board Meeting
ADDITIONS/DELETIONS TO AGENDA
Proposed addition to the Consent Agenda:
DUO – 07. Consideration to approve and annual agreement with CH2M Hill Engineers to provide general technical and programming support for Wonderware (not to
Note: The Board of Directors does allow time for comments from the public, who have completed sign-in cards, on any Agenda Item or any specific areas of concern. Individuals will be allotted 3 minutes to make presentation. Representatives from established groups will be allotted 5 minutes to make presentation. FKAA Agenda – September 26, 2019 Page 2
exceed $115,000.00)
ACCEPTANCE OF AGENDA
CONSENT AGENDA ITEMS
OFFICE OF COUNSEL
1. OOC – 01. Consideration to approve payment to Bryant, Miller & Olive for professional services rendered and expenses incurred for the month of August 2019 regarding defense of declaratory judgement, Maschal vs. FKAA and Monroe County ($570.00 Monroe County) 2. OOC – 02. Consideration to approve payment to Bryant, Miller & Olive for professional services rendered and expenses incurred for the month of August 2019 regarding Defense of Administrative Challenge by Laudicina and others of Environmental Permit issued by Department of Environmental Protection to the Florida Keys Aqueduct Authority for Cudjoe Regional Wastewater Treatment Plant ($450 Monroe County) 3. OOC – 03. Consideration to approve payment to Allen, Norton & Blue, P.A. for August 2019 ($240.00)
DIVISION OF ADMINISTRATION
4. DOA – 01. Consideration to approve annual maintenance and support for Cogsdale business, financial and customer service software ($167,835.03) 5. DOA – 02. Consideration to declare surplus equipment with a total book value of $0.00 as surplus
DIVISION OF UTILITY OPERATIONS
6. DOU – 01. Consideration to approve software and support agreement for Wonderware SCADA software ($87,258.96) 7. DOU – 02. Consideration to approve the purchase of an Automatic Vehicle Location (AVL) LiGo® GPS telematics system to be integrated with Cityworks from MarshallGIS ($78,800.00) 8. DOU – 03. Consideration to approve Change Order No. 1 for a credit amount of $13,456 and final payment of FKAA Project #4072-17, “Sigsbee Park Wastewater Collection System Assessment,” to B.R.I.A.N., Inc., ($15,557) 9. DOU – 04. Consideration to approve Award Bid # FKAA-IFB-0014-19, one-year contract for Hydrofluosilicic Acid Florida Chemical Supply Inc. The Hydrofluosilicic Acid will be used at the J. Robert Dean Water Treatment Plant. ($49,000.00) 10. DOU – 05. No Objection to the abandonment of a portion of Flagler Street right-of-way, Lots 16 and 17, Block 53, Crain’s Subdivision, according to the Plat thereof as recorded in Plat Book 1, Page 51 of the public records of Monroe County, Florida. The FKAA has no facilities located within the area of requested abandonment FKAA Agenda – September 26, 2019 Page 3
11. DOU – 06. No Objection to the abandonment of the existing 12 foot Easement located in Lot 22 and a portion of Lot 23, Block 12, Ocean Reef Plat No. 3, according to the Plat thereof recorded in Plat Book 4, page 91, of the public record of Monroe County, Florida. The FKAA has no facilities located within the area of requested abandonment
REGULAR AGENDA ITEMS
EXECUTIVE DEPARTMENT
EO – 01. Executive Director’s Report • David Browning Legislative Update • Hurricane Irma FEMA Reimbursement • Hurricane Dorian-Green Turtle Cay Water System Assessment
DIVISION OF ADMINISTRATION
DOA – 01. Summary of Financial Information for October 2018 through August 2019 DOA – 02. Consideration to approve the Collective Bargaining Agreement with Communication Workers of America, AFL-CIO effective October 1, 2019 through September 30, 2022 DOA – 03. Consideration to approve renewal of group life and accidental death and dismemberment (AD&D) insurance coverage with Sun Life Financial effective October 1, 2019 ($110,854.)
DIVISION OF UTILITY OPERATIONS
DUO – 01. Monthly status report on all current Capital Improvement Program (CIP) Projects DUO – 02. Consideration to approve award of contract for FKAA Project #4079-18 “KEY HAVEN WWTP DECOMMISSIONING AND DEMOLITION” to Charley Toppino & Sons Inc. for decommissioning and demolition of the Key Haven Wastewater Treatment Plant ($344,693.) DUO – 03. Consideration to award Veteran’s Park and Boca Chica Building A-1019 onsite Wastewater Nutrient Removal System to 3rd Generation Plumbing Company ($251,210.) DUO – 04. Consideration to approve Change Order No. 2 for a credit amount of $112,500 and final payment of FKAA Project #8034-17, “Trumbo Point Tank and Pump Station Replacement,” to Charley Toppino & Sons, Inc. ($168,985.92) DUO – 05. Consideration to approve the sole source purchases of assorted water meters, meter parts and meter antennas from Sun State Meter & Supply Inc. for the 2020 fiscal year (estimated amount of $1,286,000.) DUO – 06. Consideration to approve a one-year contract with an option to renew for one (1) additional year, with Envirowaste Services Group for post-storm sewer system inspection and cleaning services
FKAA Agenda – September 26, 2019 Page 4
BOARD OF DIRECTORS
BOD – 01. Florida Retirement System’s Designation of Senior Management Service Class (SMSC), recent employees selected for that designation, and action regarding that selection. BOD – 02. Discussion and action regarding the process and timing for the selection of the successor Executive Director for the period commencing November 22, 2019 (Sponsor: Mr. J. Robert Dean, Chairman of the Board of Directors) BOD – 03. Consideration to approve the amendment to the 2011 employment agreement for Kirk C. Zuelch, Executive Director (Sponsor: Mr. J. Robert Dean, Chairman of the Board of Directors) BOD – 04. Board of Directors Discussion
MINUTES OF PUBLIC MEETING
OF THE
LABOR COMMITTEE
FLORIDA KEYS AQUEDUCT AUTHORITY
HELD ON
AUGUST 27, 2019
FLORIDA KEYS AQUEDUCT AUTHORITY 1100 KENNEDY DRIVE KEY WEST, FL 33040
2:00 P.M.
The following MEMBERS were present:
Cara Higgins ...... Labor Committee Chairman Richard J. Toppino ...... Labor Committee Member J. Robert Dean...... Chairman of the Board
Kirk C. Zuelch...... Executive Director Kerry G. Shelby...... Deputy Executive Director Kent Nelson ...... Deputy Executive Director Robert T. Feldman...... General Counsel Timothy Esquinaldo...... Internal Auditor
A LIST OF ATTENDANCE IS RETAINED WITH THE PERMANENT RECORD OF THIS MEETING. FKAA Labor Committee Minutes August 27, 2019 Page 2
LABOR COMMITTEE MEETING
Mr. Esquinaldo called the Labor Committee Meeting to order at 2:00 p.m.
Mr. Toppino made a motion to elect Mrs. Higgins as Chairman of the Labor Committee.
DOA-01. REVIEW, DISCUSSION AND RECOMMENDATION OF THE EVERGREEN SOLUTIONS LLC PAY AND CLASSIFICATION PLAN FOR THE FLORIDA KEYS AQUEDUCT AUTHORITY DATED FEBRUARY 5, 2019
Mr. Nelson presented a comparison of the Evergreen Solutions Pay and Classification Plan to the Key West Chamber of Commerce Wage and Benefit Survey.
Mr. Nelson reported that there are a series of recommendations in the Evergreen Study that can be considered for adoption by the Board individually. These include:
1. Revise the existing classification titles as necessary to develop families of titles performing similar work and develop clear succession pathways within each classification family. 2. Update all job descriptions for all classification titles. 3. Develop a comprehensive and holistic pay schedule that becomes the basis of the FKAA' s compensation program. 4. Develop a strategy to map all classification titles to the new pay schedule and determine the budgetary impacts of doing so.
Additional Comments:
Mrs. Higgins inquired if the Evergreen Study takes into account the Authority's obligation to the union contract. Mr. Nelson explained it will once the classifications are adopted.
Mr. Toppino suggested that incorporating the Evergreen Study and the local data found in the Chamber study to create a hybrid study would be of assistance to the Board.
Mrs. Higgins emphasized that pay increases need to go to the positions that are at the low end of the pay scale and for which the Authority has a difficult time hiring.
Mr. Nelson advised that staff will prepare a hybrid analysis using the information from the Chamber and Evergreen studies and bring back for the Board's review at the September Meeting.
BOD-01. REVIEW, DISCUSSION AND RECOMMENDATION OF THE FLORIDA RETIREMENT SYSTEM'S DESIGNATION OF SENIOR MANAGEMENT SERVICE CLASS (SMSC)
Mr. Esquinaldo detailed all findings regarding the SMSC policy. He explained that per policy all designations are to be approved by the Board. He added that the last three (3) FKAA Labor Committee Minutes August 27, 2019 Page 3 designations, the Public Information Manager, Manager of Wastewater Operations and Principal Engineer positions were not Board approved.
Mr. Toppino advised that the three (3) positions that were not Board approved be brought back for Board consideration.
Mr. Esquinaldo advised that the SMSC Designations for the three (3) mentioned positions would be presented to the Board for consideration at the September 26, 2019 meeting.
ADJOURNMENT
With there being no further business, the meeting was adjourned at 2:45 p.m.
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FLORIDA KEYS AQUEDUCT AUTHORITY
By:------ Cara Higgins, Chairman
Attest:
Richard J. Toppino, Vice Chairman FKAA Labor Committee Minutes August 27, 2019 Page4
ATTENDANCE
BOARD MEMBERS
Richard J. Toppino Cara Higgins J. Robert Dean
FKAA STAFF
Kirk C. Zuelch Kerry G. Shelby Kent Nelson Robert T. Feldman Timothy Esquinaldo Randy Acevedo Pam Albury John Sweeting (Union Rep.) MINUTES OF REGULAR MEETING
OF THE
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
HELD ON
AUGUST 28, 2019
KEY WEST DOUBLETREE RESORT 3990 SOUTH ROOSEVELT BLVD. KEY WEST, FLORIDA 33040
10:30 A.M.
The following MEMBERS were present:
J. Robert Dean ...... Chairman Richard J. Toppino ...... Vice-Chairman Cara Higgins ...... Member
Kirk C. Zuelch ...... Executive Director Kerry Shelby...... Deputy Executive Director Kent Nelson...... Deputy Executive Director Robert T. Feldman...... General Counsel Timothy Esquinaldo...... Internal Auditor
A LIST OF ATTENDANCE IS RETAINED WITH THE PERMANENT RECORD OF THIS MEETING. FKAA Board Minutes · August 28, 2019 Page 2
PUBLIC HEARING #3 FOR PROPOSED BUDGET
Chairman Dean opened the Public Hearing at 10:32 a.m.
Mr. Shelby advised that today's meeting is the third and final Public Hearing to adopt the proposed 2020 annual budget.
Mrs. Higgins inquired if any changes have been made to the Budget since the last Public Hearing. Mr. Shelby reported no changes have been made since the last meeting.
Chairman Dean inquired if the Board had changes they would like made to the Budget. The Board had no changes.
Chairman Dean invited any comments from the public regarding the Budget. There were no comments from the public. Chairman Dean, seeing none, closed the Public Hearing at 10:33.
REGULAR MEETING
Chairman Dean called the Regular Meeting to order at 10:33 a.m.
Pam Albury presented the invocation and Chairman Dean led the Pledge of Allegiance.
EMPLOYEE A WARDS
SERVICE AW ARDS
Rene Hatalovsky-Engineering Technician, Engineering Department - Key West, 10 Years of Service
Joshua Peele- Water Quality & Environmental Specialist, Engineering Department - Key West, 10 Years of Service
Employee of the Quarter and Retirement Recognition
Cindy Bunch - Accounts Receivable Specialist, Finance Department - Key West, 26 Years of Service
APPROVAL OF MINUTES
On motion of Mrs. Higgins, seconded by Mr. Toppino, the Board unanimously approved the Minutes of a Regular Board Meeting held on July 24, 2019 and the Special Meeting held on August 6, 2019 as presented. FKAA Board Minutes August 28, 2019 Page 3
APPROVAL OF AGENDA
DOA-05 and BOD-01 were deleted from the Agenda, to be rescheduled at a later time.
CONSENT AGENDA ITEMS
On motion of Mrs. Higgins, seconded by Mr. Toppino, the Board unanimously approved the following items by Consent:
1. OOC - 01. Approval of payment to Allen, Norton & Blue for June 2019 ($180.00)
2. OOC-02. Approval of payment to Allen, Norton & Blue for July 2019 ($90.00)
3. OOC - 03. Approval of payment to Bryant, Miller & Olive for professional services rendered and expenses incurred for the month of July 2019 regarding Defense of Administrative Challenge by Laudicina and others of Environmental Permit issued by Department of Environmental Protection to the Florida Keys Aqueduct Authority for Cudjoe Regional Wastewater Treatment Plant ($750.00 Monroe County)
4. DUO - 01. Approval of contract with CPH, Inc. for design services in support of Project #8035-19 "NAS Key West Boca Chica Field-West Fire Pumping Station Improvements" ($111,123.12)
5. DUO - 02. Approval of sole source purchase of assorted valves from Ferguson Waterworks for the Key West Valve Replacement Project #2336-17 ($90,390.00)
6. DUO - 03. Approval to award contract to Water Science Associates for design, permitting, bidding, and construction oversight services to install two new raw water supply wells at the Stock Island Reverse Osmosis (SIRO) facility ($86,500.00)
7. DUO - 04. Approval of payment for the annual subscription to E-builder, Inc., a web-based construction management software ($67,949.77)
8. DUO - 05. Approval of purchases of two (2) vehicles from Duval Ford for the Water Quality Division, using the Florida Sheriff's Cooperative Purchasing Program contract (FSA18- VEL26.0) (not to exceed $59,000.00)
9. DUO - 06. Approval of No Objection to the abandonment of the existing 12 foot Easement lying 6.0' on either side of the dividing line between Lots 13 & 14, Block 5, Harbor Course South, Section One, Ocean Reef Plat No. 14, according to the Plat thereof recorded in Plat Book 7, Page 9, of the Public Records of Monroe County, Florida, LESS The Easterly 20 feet of Lot 13 of said Plat. The FKAA has no facilities located within the area of requested abandonment FKAA Board Minutes August 28, 2019 Page4
REGULAR AGENDA ITEMS
OFFICE OF COUNSEL
OOC-01. GENERAL COUNSEL'S REPORT
Marchal, et al vs. Florida Keys Aqueduct Authority (FKAA) and Monroe County Update
Mr. Feldman reported that a complaint for Declaratory Judgment and For Writ of Mandamus was filed on February 28, 2019. He added that the Defendants were served on March 18, 2019.
Mr. Feldman presented a timeline to the Board:
• An Order of Disqualification from Circuit Judge, Timothy J. Koenig was filed on March 4,2019 • An Order of Disqualification from Circuit Judge, Bonnie J. Helms was filed on March 19,2019 • Notice of Filing Proof of Service was filed on April 11, 2019 • Defendants Joint Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed on May 10,2019 • The case has been reassigned to Judge Mark Wilson, and the hearing has been set for November 7, 2019
OOC-02. APPROVAL TO RETAIN BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC TO PROVIDE LEGAL REPRESENTATION FOR FEMA DENIALS AND APPEALS FOR HURRICANE IRMA REIMBURSEMENT TO THE AUTHORITY
On recommendation of Mr. Feldman and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved to retain Baker, Donelson, Bearman, Caldwell & Berkowitz, PC to provide Legal Representation for FEMA denials and appeals for Hurricane Irma reimbursement to the Authority.
OOC-03. APPROVAL OF RESOLUTION #19-02, AUTHORIZING AND APPROVING THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR 2020
On recommendation of Mr. Feldman and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved Resolution #19-02, authorizing and approving the Annual Assessment for the Fiscal Year 2020.
OOC-04. APPROVAL OF RESOLUTION #19-03, INTERLOCAL AGREEMENT BETWEEN THE AUTHORITY AND THE CITY OF KEY WEST TO PROVIDE ASPHALT RESTORATION ON COLLEGE ROAD FKAA Board Minutes August 28, 2019 Page 5
On recommendation of Mr. Feldman and motion of Mr. Toppino, seconded by Mrs. Higgins, the Board approved Resolution #19-03, Interlocal Agreement between the Authority and the City of Key West to provide asphalt restoration on College Road.
DIVISION OF ADMINISTRATION
DOA-01. SUMMARY OF FINANCIAL INFORMATION OCTOBER 2018 THROUGH JULY 2019
Mr. Shelby advised that at thel0 month mark into the fiscal year we are well within Budget. He added that water volumes are up 8% compared to previous years. Mr. Shelby reported that $16 million has been expended on capital projects and $11.5 million in unreserved money is available for future projects.
DOA-02. APPROVAL TO ADOPT THE BUDGET AND FINANCIAL PLAN FOR THE FISCAL YEAR OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020
On recommendation of Mr. Shelby and motion of Mr. Toppino, seconded by Mrs. Higgins, the Board approved to adopt the budget and financial plan for the fiscal year October 1, 2019 through September 30, 2020.
DOA-03. APPROVAL RENEWAL OF CONTRACTS FOR EMPLOYEE GROUP HEALTH CARE CLAIMS ADMINISTRATION AND STOP LOSS COVERAGE TO FLORIDA BLUE (BLUE CROSS BLUE SHIELD OF FLORIDA) AND DENTAL AND VISION COVERAGE TO AMERITAS FOR AN ESTIMATED ANNUAL COMBINED (FIXED COST OF $1,503,585 EFFECTIVE 10/01/19)
On recommendation of Mr. Shelby and motion of Mr. Toppino, seconded by Mrs. Higgins, the Board approved renewal of contracts for employee group health care claims administration and stop loss coverage to Florida Blue (Blue Cross Blue Shield of Florida) and dental and vision coverage to Ameritas for an estimated annual combined for the fixed cost of $1,503,585 effective 10/01/19.
DOA-04. APPROVAL FLORIDA LEAGUE OF CITIES' FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) RENEWAL FOR GENERAL LIABILITY (INCLUDING PUBLIC OFFICIALS 'LIABILITY), VEHICLE AND WORKERS COMPENSATION COVERAGE (ESTIMATED ANNUAL PREMIUM OF $408,009.00 WITH AN EFFECTIVE DATE OF OCTOBER 1, 2019)
On recommendation of Mr. Shelby and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved Florida League of Cities' Florida Municipal Insurance Trust (FMIT) renewal for general liability (including public officials 'liability), vehicle and workers FKAA Board Minutes August 28, 2019 Page 6
compensation coverage estimated annual premium of $408,009.00 with an effective date of October 1, 2019.
DOA-05. APPROVAL EVERGREEN SOLUTIONS, LLC PAY AND CLASSIFICATION PLAN FOR THE FLORIDA KEYS AQUEDUCT AUTHORITY DATED FEBRUARY 5, 2019 AND ADJUST EXISTING SALARIES BELOW THE CLASSIFICATION PAY RANGE MINIMUM. EFFECTIVE OCTOBER 1, 2019
DOA-05 has been deleted from the Agenda.
DIVISION OF UTILITY OPERATIO NS
Mr. Toppino declared a conflict of interest on Item DUO-06 and Item DUO-08.
Mr. Feldman advised Mr. Toppino to declare his conflict of interest on DUO-06 and DUO-08 and proceed with voting.
Mr. Toppino asked if he was to vote on Item DUO-06 and Item DUO-08. Mr. Feldman advised yes.
DUO-01. MONTHLY STATUS REPORT ON ALL CURRENT CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS
Mr. Nelson presented key project highlights as follows:
- Sombrero Road Distribution Replacement: 63% project completion - C-905 Transmission Replacement: 90% project completion - Trumbo Tank/Pump Station Replacement: 92% project completion
DUO-02. APPROVAL TO ADOPT A RESOLUTION AUTHORIZING EXECUTIVE OFFICIAL OF THE FLORIDA KEYS AQUEDUCT AUTHORITY TO AUTHORIZE AND SIGN APPLICATIONS AND CERTIFICATES FOR LOCAL, STATE AND FEDERAL GRANTS
On recommendation of Mr. Nelson and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved to adopt a resolution authorizing Executive Official of the Florida Keys Aqueduct Authority to authorize and sign applications and certificates for local, state and federal grants.
DUO-03. APPROVAL OF AN AGREEMENT WITH FJ NUGENT & ASSOCIATES, INC. FOR A SOLE SOURCE REMOTE MONITORING SYSTEM OF GRINDER STATIONS IN THE CUDJOE REGIONAL WASTEWATER SYSTEM ($1,775,490.00)
On recommendation of Mr. Nelson and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved an agreement with FJ Nugent & Associates, Inc. for a sole source FKAA Board Minutes August 28, 2019 Page 7 remote monitoring system of grinder stations in the Cudjoe Regional Wastewater System in the amount of $1,775,490.00.
DUO-04. APPROVAL OF THE AWARD OF CONTRACT FOR FKAA PROJECTS #7062-18A, #7064-18A, #7057-18A "REPAIR AND REPLACEMENT AT WWTP FACILITIES" TO TLC DIVERSIFIED, INC. FOR A BASE BID ($1,027,663.00 AND A 10% CONTINGENCY ALLOWANCE OF $102,766.30 FOR A TOTAL OF $1,130,429.30)
On recommendation of Mr. Nelson and motion of Mr. Toppino, seconded by Mrs. Higgins, the Board approved award of contract for FKAA Projects #7062-18A, #7064-18A, #7057-18A "REPAIR AND REPLACEMENT AT WWTP FACILITIES" to TLC Diversified, Inc. for a Base Bid $1 ,027,663.00 and a 10% contingency allowance of $102,766.30 for a total of $1,130,429.30.
DUO-OS. APPROVAL OF PAYMENT FOR FY 2018 ANNUAL FEE FOR MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT (DERM) WELLFIELD PROTECTION PROGRAM ($181,713.15.)
On recommendation of Mr. Nelson and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved payment for FY 2018 Annual Fee for Miami-Dade County Department of Environmental Resource Management (Derm) Wellfield Protection Program in the amount of $181,713.15.
DUO-06. APPROVAL OF CHANGE ORDER NO. 1 FOR A CREDIT AMOUNT OF $194,220.11 AND THE FINAL PAYMENT OF FKAA PROJECT #4070-17, "KEY HA VEN FORCE MAIN TRANSMISSION SYSTEM," TO CHARLEY TOPPINO & SONS, INC. ($138,616.12)
On recommendation of Mr. Nelson and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved Change Order No. 1 for a credit amount of $194,220.11 and the final payment of FKAA Project #4070-17, "Key Haven Force Main Transmission System," to Charley Toppino & Sons, Inc. in the amount of $138,616.12.
DUO-07. APPROVAL OF ACCEPTANCE AND AUTHORIZE SIGNING OF STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT FOR IMPROVEMENTS TO THE STOCK ISLAND REVERSE OSMOSIS FACILITY ($1,000,000)
On recommendation of Mr. Nelson and motion of Mr. Toppino, seconded by Mrs. Higgins, the Board approved acceptance and authorize signing of State of Florida, Department of Environmental Protection grant for improvements to the Stock Island Reverse Osmosis Facility in the amount of $1,000,000.
DUO-08. APPROVAL OF CHANGE ORDER NO. 3 FOR A CREDIT AMOUNT OF $6,797.77 AND A FINAL PAYMENT FOR FKAA PROJECT #4062-16, "BOCA CHICA FKAA Board Minutes August 28, 2019 Page 8
PUMP STATION AND FORCE MAIN EXTENSION," TO CHARLEY TOPPINO & SONS, INC., ($73,739.30)
On recommendation of Mr. Nelson and motion of Mrs. Higgins, seconded by Mr. Toppino, the Board approved Change Order No. 3 for a credit amount of $6,797.77 and a final payment for FKAA Project #4062-16, "Boca Chica Pump Station and Force Main Extension," to Charley Toppino & Sons, Inc., in the amount of $73,739.30.
BOARD OF DIRECTORS
BOD-01. FLORIDA RETIREMENT SYSTEM'S DESIGNATION OF SENIOR MANAGEMENT SERVICE CLASS (SMSC), RECENT EMPLOYEES SELECTED FOR THAT DESIGNATION, AND ACTION REGARDING THAT SELECTION
BOD-01 has been deleted from the Agenda.
BOD-02. BOARD OF DIRECTORS DISCUSSION
ADJOURNMENT
With there being no further business, the meeting was adjourned at 11 :05 a.m.
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FLORIDA KEYS AQUEDUCT AUTHORITY
By:______J. Robert Dean, Chairman
Attest:
David C. Ritz, Secretary/Treasurer FKAA Board Minutes August 28, 2019 Page 9
ATTENDANCE
BOARD MEMBERS
J. Robert Dean Richard J. Toppino Cara Higgins
FKAA STAFF
Kirk C. Zuelch Lisa Milo Timothy Esquinaldo Karla Garcia Julie Cheon Pam Albury Kent Nelson Randy Acevedo Robert T. Feldman Josh Peele Kerry Shelby Maghan Barber L ynese Mariscal Mairim Perez Cindy Kondziela Venda Storr Ashley Roberts Zayli Mayor Lauren Wells Diancy Fundora Amanda Malott Rene Hatalovsky
MEMBERS OF THE PUBLIC
John Sweeting (Union Rep.) Beth Ramsey Acelia Plans Margaret Gil
BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM: OOC- O I TAB: I CONSENT: [X] REGULAR: 0
DIVISION: OFFICE OF COUNSEL
MEETING DATE: September 26, 2019
AGENDA TITLE: Consideration to Approve Payment to Bryant, Miller & Olive for Professional Services Rendered and Expenses Incurred for the month of August 2019 Regarding Defense of declaratory judgement, Maschal v FKAA and Monroe County ($570.00 Monroe County)
ITEM BACKGROUND: This law firm, under primary consultation of Frederick J. Springer, is representing the Authority in the defense of a declaratory judgement, Maschal v FKAA and Monroe County. The cost of these legal services will be reimbursed to the Authority by Monroe County as part of the Cudjoe Regional Wastewater System Project.
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
STAFF RECOMMENDATION (MOTION): The Board of Directors approve payment to Bryant, Miller & Olive for professional services rendered and expenses incurred for the month August 2019 regarding defense of declaratory judgement, Maschal v FKAA and Monroe County in the amount of ($570.00 Monroe County)
SUPPLEMENTAL INFORMATION: Total payments made to Bryant, Miller & Olive including the current Invoice is $7,680.00 DOCUMENTATION: Included: To-Follow: D Not Required: • Cost to FKAA: $ _____ BUDGETED: Yes D No D Cost to Others: $ 570.00 $ 510.00 -A DEPARTMENT DIRECTOR APPROVAL, (R ..&t I u«di-=- ,1J 7 Reviewed by: Internal Auditor: ____!__Y,2_ General Counsel: ~rr Executive Director:¥,-
BOARD ACTION:
Approved: D Tabled: D Disapproved: • Recommendation Revised: • Comments:------Date: ______Recording Clerk: ______Bryant - M1ller------Olive
Florida Keys Aqueduct Authority Invoice Date: September 9, 2019 Robert T. Feldman, General Counsel Invoice No. 70241 1100 Kennedy Drive OientNo. 25047.034 Key West, Florida 33040
For professional services rendered and expenses incurred regarding Defense of Maschal v. Monroe County and FKAA, Case No. 19-186
Statement of Legal Services
Hours 08/08/2019 EWN Telephone call with JA regarding status of case reassignment to new 0.20 judge 08/16/2019 EWN Review court docket confirm that case has not yet been reassigned 0.70 to new judge; review local administrative orders regarding procedures for obtaining reassignment after voluntary disqualification of judge based on conflict 08/21/2019 EWN Email correspondence with B. Feldman and C. Hall regarding 0.30 additional availability for hearing on motion to dismiss; confer with K. Hayes regarding additional available dates for hearing 08/26/2019 EWN Coordinate dates for hearing on motion to dismiss with all counsel; 0.70 confirm continued availability of hearing date/time on judge's calendar; prepare and file notice of hearing Current Services 1.90 $570.00 Recapitulation Timekeeper Hours Rate Total Elizabeth W. Neiberger 1.90 $300.00 $570.00
Payments 07/ 15/2019 Payment Check 64867 Invoice 69673 4,050.00 08/05/2019 Payment Check 065183 Invoice 69943 640.14 4,690.14
Total Current Work $570.00 Invoice Date: September 09, 2019 Florida Keys Aqueduct Authority Invoice No. 70241 Client No. 25047.034
Balance Due $570.00
Please Reference Client Number On Checks And Wire Transfers
Mail Checks to: 101 North Monroe Street, Suite 900 Tallahassee, FL 32301 850-222-8611 FEIN 59-1315801
Send wire transfers to Capital City Bank, ABA #063100688 for credit to Bryant Miller Olive, Account #2132834901 Thank you for your business
Page: 2 BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM: OOC- O.:l. TAB: a CONSENT: 00 REGULAR: 0
DIVISION: OFFICE OF COUNSEL MEETING DATE: September 26, 2019
AGENDA TITLE: Consideration to Approve Payment to Bryant, Miller & Olive for Professional Services Rendered and Expenses Incurred for the month of August 2019. Regarding Defense of Administrative Challenge by Laudicina and others of Environmental Permit issued by Department of Environmental Protection to the Florida Keys Aqueduct Authority for Cudjoe Regional Wastewater Treatment Plant. ($450.00 Monroe County)
ITEM BACKGROUND: This law firm, under primary consultation of Frederick J. Springer, is representing the Authority in the defense of the administrative challenge by Laudicina and others of environmental permits issued by the Florida Department of Environmental Protection to the Florida Keys Aqueduct Authority. The cost of these legal services will be reimbursed to the Authority by Monroe County as part of the Cudjoe Regional Wastewater System Project. PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
STAFF RECOMMENDATION (MOTION): The Board of Directors approve payment to Bryant, Miller & Olive for professional services rendered and expenses incurred for the month of August 2019 regarding defense of the administrative challenge by Laudicina and others of environmental permits issued by the Florida Department of Environmental Protection to the Florida Keys Aqueduct Authority in the amount of $450.00.
SUPPLEMENTAL INFORMATION: Total payments made to Bryant, Miller & Olive including the current Invoice is $6,312.00. DOCUMENTATION: Included: To-Follow: D Not Required: • Cost to FKAA: $ _____ BUDGETED: Yes D No • Cost to Others: $ __45_o _.o_o__ Total Cost: $ __45_o_.o_o __
DEPARTMENT: TOR APPROVAL:
BOARD ACTION:
Approved: D Tabled: D Disapproved: • Recommendation Revised: D
Comments: ______
Date: ______Recording Clerk: ______Brxant - M1ller------Olive
Florida Keys Aqueduct Authority Invoice Date: September 9, 2019 Robert T. Feldman, General Counsel Invoice No. 70240 1100 Kennedy Drive Client No. 25047.017 Key West, Florida 33040
For professional services rendered in connection with the defense of administrative challenge by Laudicina and others of environmental permit issue by Department of Environmental Protection to Florida Keys Aqueduct Authority for Cudjoe Regional Wastewater Treatment Plant
Statement of Legal Services
Hours 08/07/2019 FJS Telephone conference with C. Balkany regarding draft permit 0.80 application; exchange correspondence with B. Feldman and C. Balkany 08/08/2019 FJS Telephone conference with K. Nelson regarding draft permit 0.20 application 08/13/2019 FJS Telephone conference with J. Brown regarding draft permit 0.30 application 08/22/2019 FJS Prepare correspondence to K. Nelson regarding draft permit 0.20 application Current Services 1.50 $450.00 Recapitulation Timekeeper Hours Rate Total Frederick J. Springer 1.50 $300.00 $450.00
Total Current Work $450.00
Balance Due $450.00 Invoice Date: September 09, 2019 Florida Keys Aqueduct Authority Invoice No. 70240 Client No. 25047.017
Please Reference Client Number On Checks And Wire Transfers
Mail Checks to: 101 North Monroe Street, Suite 900 Tallahassee, FL 32301 850-222-8611 FEIN 59-1315801
Send wire transfers to Capital City Bank, ABA #063100688 for credit to Bryant Miller Olive, Account #2132834901 Thank you for your business
Page:2 BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM: OOC- OJ TAB: 3 CONSENT: [Xj REGULAR: 0
DIVISION: OFFICE OF COUNSEL
MEETING DATE: September 26, 2019
AGENDA TITLE: Consideration to Approve Payment to Allen, Norton & Blue, P.A. for August 2019 in the amount of $240.00.
ITEM BACKGROUND: Allen, Norton & Blue, P.A. handles all outside legal matters relative to personnel and Union Contract issues.
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
STAFF RECOMMENDATION (MOTION): Board approve payment to Allen, Norton & Blue, P.A., Florida Keys Aqueduct Authority Labor Attorney, for services rendered in August 2019 in the amount of $240.00.
SUPPLEMENTAL INFORMATION: DOCUMENTATION: Included: • To-Follow: D Not Required: • Cost to FKAA: $ ____24_0_.0_0_ BUDGETED: Yes D No • Cost to Others: $ Total Cost: $ ----24-0-.0-0-
DEPARTMENT: ______DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL: ji?a,01--r~ -'--- = Reviewed by: Internal Auditor: * General Counsel: MF Executive Director:J9=-
BOARD ACTION:
Approved: D Tabled: D Disapproved: o Recommendation Revised: o
Comments: ______
Date: ______Recording Clerk:.______ALLEN, NORTON & BLUE, P.A. 121 Majorca Avenue Coral Gables, FL 33134-4599 (305) 445-7801 Fax (305) 442-1578 Tax I.D. #59-1287650
September 11, 2019 Florida Keys Aqueduct Authority Bill Number 141037 Attn: Deanna Esquinaldo Billed through 08/31/2019 Executive Department email: [email protected] Key West, FL 33040
General Matters 0307 00000 WLH
Balance forward as of bill dated 08/14/2019 $270.00 Payments received since last bill 09/10/2019 $270.00 CR
Net balance forward $0.00
FOR PROFESSIONAL SERVICES RENDERED
08/12/19 WLH Conference with Zuelch et al re: CWA matters 0.50 hrs 150.00 08/15/19 WLH Phone conference with Zuelch re: CWA matters 0.30 hrs 90.00
TOTAL HOURS: 0.80 TOTAL FEES: $240.00
Shareholder, Wayne L. Helsby 0.80 300.00 $240.00
EXPENSES ======MATTER BILLING SUMMARY
TOTAL FEES $240.00 ======TOTAL CHARGES FOR THIS BILL $240.00 PLUS BALANCE FORWARD $0.00 ======TOTAL BALANCE NOW DUE $240.00
PREPAID BALANCE. $0.0(,
AGED ACCOUNTS RECEIVABLE
0 - 30 Days 30 - 60 Days 60 - 90 Days 90 - 120 Days 120 + Days $0.00 $0.00 $0.00 $0.00 $0.00 BOARD OF DIRECTORS, FLORIDA KEYS AQUEotJey. AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM: DOA- Ol TAB: CONSENT: [i) REGULAR: 0
MEETING DATE: September 26, 2019 DIVISION: Administration
AGENDA TITLE: Consideration to approve annual maintenance and support for Cogsdale business, financial and customer service software in the amount of $167,835.03.
ITEM BACKGROUND: Per the Authority's agreement with Cogsdale, an annual licensing, maintenance and support fee is charged each year as outlined in the agreement. Cogsdale was chosen as the core business software for the Authority in 2007.
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
Annual approvals since 2007.
STAFF RECOMMENDATION (MOTION):
Approve annual maintenance and support for Cogsdale financial and customer service software in the amount of $167,835.03.
SUPPLEMENTAL INFORMATION:
Attached.
DOCUMENTATION: Included: To-Follow: D Not Required: 167,835.03• • Cost to FKAA: $ BUDGETED: YesG=:J No • Cost to Others: $ Total Cost: $ 167,835.03
DEPARTMENT: Information Technology DEPARTMENT MANAGER APPROVAL:
Digitally signed by Kerry Shelby K erry Sh e lb y Date: 2019.09.1614:44:51 DIVISION DEPUTY EXECUTIVE DIRECT~ PPROVAL, ""'"'
Reviewed by: Internal Auditor: General Ca.nsel: (Rf<£7 Executive Director:~
BOARD ACTION:
Approved: • Tabled: D Disapproved: • Recommendation Revised: •
Comments: ______
Date: ______Recording Clerk: ______r, Invoice MN0003415 COGSDALE .J Date 7/29/2019 A di.vi.aion o~ 0 HARRIS Page 1 of 1 Please remit to: 62133 Collections Center Drive Chicago, IL 60693-0621 USA
Bill To Ship To
Florida Keys Aqueduct Authority Florida Keys Aqueduct Authority Accounts Payable Accounts Payable 1100 Kennedy Drive 1100 Kennedy Drive Key West, FL 33040 Key West, FL 33040 USA USA
Purchase order No Customer ID. Salesperson ID Shipping Method Payment Terms
FLOR01 LOCAL DELIVERY MN OCT
Ordered Item Number Description Unit Price Ext Price
1.00 PROP-CSM FKAA100I CSM: 10/1/2019 to 9/30/2020 US$58,509.83 US$58,509.83 1.00 PROP-CSM FKAA1011 CSM (1,000) Locations (QUO-4497): 10/1/2019 to US$1,277.57 US$1,277.57 9/30/2020 1.00 PROP-CSM FKAA102I CSM (1,000) Locations (QUO-4848): 10/1/2019 to US$1,258.13 US$1 ,258.13 9/30/2020 1.00 PROP-CSM FKAA103I CSM (1,000) Locations (QUO-3660): 10/1/2019 to US$1,341.45 US$1,341.45 9/30/2020 1.00 PROP-CSM FKAA104I CSM (1,000) Locations (QUO-5840): 2/14/2020 to US$846.75 US$846.75 9/30/2020 1.00 TPM-ISC FKAA105I ICS Software - Enhanced Notes (51 plus GP users) US$1 ,013.95 US$1,013.95 (QUO-4662): 10/1/2019 to 9/30/2020 1.00 TPM-GP-CIS FKAA106I GP Users (QUO-3841): 10/1/2019 to 9/30/2020 US$5,214.56 US$5,214.56 1.00 TPM-GP-CIS FKAA107I Microsoft Dynamic GP Software: 10/1/2019 to US$61 ,370.74 US$61,370.74 9/30/2020 1.00 TPM-MEKORM FKAA108I Mekorma -MICR US Payroll, Payables: 10/1/2019 to US$1 , 192.40 US$1, 192.40 9/30/2020 1.00 TPM-PARAMT FKAA109I Paramount: 10/1/2019 to 9/30/2020 US$14,577.41 US$14,577.41 1.00 TPM-EONE FKAA110I eOne - SmartView (QUO-4659): 10/1/2019 to 9/30/2021 US$724.25 US$724.25 1.00 PROP-CSM FKAA111I Cogsdale CSM WebAPI (QUO-5889): 2/25/2020 to US$8,721.84 US$8,721.84 9/30/2020 1.00 TPM-ROCKTN FKAA112I Rockton Auditor (QUO-5411): 11/29/2019 to 9/30/2020 US$5,786.74 US$5,786.74 1.00 TPM-ROCKTN FKAA113I Rockton Dynamics GP ToolBox (QUO-5801): US$4,882.56 US$4,882.56 11/29/2019 to 9/30/2020 1.00 TPM-PRFADV FKAA114I ProfessionalAdvatngae - Data Archive (QUO-5132): US$1 , 116.85 US$1 ,116.85 61712020 to 9/30/2020
Subtotal US$167,835.03 Misc US$0.00 Tax US$0.00 Invoice Questions? Please call Karine Pagotte at 613-226-5511 ext. 2535 OR e-mail Freiqht US$0.00 [email protected] Trade Discount US$0.00 Total US$167,835.03 BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM: DOA- 0~ TAB: CONSENT: ~ REGULAR: 0
DIVISION: Administration MEETING DATE: September 26, 2019
AGENDA TITLE: Consideration to declare surplus equipment with a total book value of $0.00 as surplus.
ITEM BACKGROUND: Attached is a list of equipment with a total book value of $0.00 that are no longer of any use or value to the FKAA.
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
STAFF RECOMMENDATION (MOTION): The Board declares equipment with a total book value of $0.00 as surplus.
SUPPLEMENTAL INFORMATION:
DOCUMENTATION: Included: To-Follow: D Not Required: • Cost to FKAA: $ 0.00 BUDGETED: Yes O NoO Cost to Others: $ Total Cost: $ 0.00
DEPARTMENT:
Reviewed by: Internal Auditor: __...... ,_ General Cou
BOARD ACTION:
Approved: • Tabled: D Disapproved: • Recommendation Revised: •
Comments:______
Date: ______Recording Clerk:______SCHEDULE A Asset ID Asset Description Asset Class ID Reason for Surplusing Acquisition Date Acquisition Cost Depreciation Net Book Value Total Class 05- Vehicles & Egui,zment 03956 GMC Under Bridge Truck #512 05010 Beyond it's useful life 10/30/1986 227,868.00 227,868.00
Asset ID Asset Description Asset Class ID Reason for Surplusing Acquisition Date Acquisition Cost Depreciation Net Book Value Totg_l Clau f!.4- {1achine[J[_& Te_e_ls 10077 Backhoe #259 04015 Beyond it's useful life 3/25/1998 $ 40,060.00 40,060.00
Total Schedule A $ 267,928.00 $ 267,928.00 $ BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM DUO- Of CONSENT [Kj REGULAR [ j
MEETING DATE: September 26, 2019 DIVISION: Utility Operations
AGENDA TITLE: Consideration to approve software and support agreement for Wonderware SCADA software in the amount of $87,258.96
ITEM BACKGROUND: • Software and on-going maintenance of Wonderware SCADA equipment and software.
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: 1) This item was brought to the Board and Approved on September 26, 2018 for $68,549.28.
STAFF RECOMMENDATION (MOTION): Approve software and support agreement for Wonderware SCADA software in the amount of $87,258.96.
SUPPLEMENTAL INFORMATION: • See Attached
DOCUMENTATION: Included:~ ToFollow:O Not Required: D
Cost to FKAA: $ 87258.96 BUDGETED: Yes (!] No W Cost to Others: $ _ ____ Total Cost: $ - ---=-87c..::2:..:.5..:..8';_;_9..:..6 DEPARTMENT: L
General Counsel: (J2:c~ Executive Director:
BOARD ACTION:
Approved: I 1 Tabled: l'I Disapproved: l I Recommendation Revised: 11
Comments:------
Date:.______Recording Clerk: ______(Msource· SOLUTIONS
Thursday, August 29, 2019
Florida Keys Aqueduct Authority Reyner Lopez 1100 Kennedy Dr Key West, FL 33040-4021 [email protected]
Dear Reyner,
InSource appreciates the opportunity to continue to support your organization's operations with our software maintenance program. Your program includes:
• All security releases and new version upgrades, when they become available {without an active software maintenance agreement, upgrades alone cost roughly 50% of the current list price of your licenses). • Domestic phone/email technical support from a team of trained and certified specialists in our Davidson, NC office. Unlike a national call center, our local team offers the familiarity you need. • Tech Alert communications and access to the InSource and Wonderware software support websites:
InSource Knowledge Center
AYEYA Knowledge & Support Center A full explanation of the software maintenance agreement and associated benefits can be found in the Wonderware Customer First Client Brochure. Here is the quote to renew your agreement.
To place your order, please provide the following information to [email protected] or fax to 804-378-8648:
1. Purchase order with InSource quote number 2. Tax exemption certificate {if exempt) o If you are not tax exempt, add state and county tax amounts to your purchase order. 3. Credit application {If applicable)
Taxes, shipping, handling and other fees may apply.
Please contact me if I can be of further assistance on this or other matters.
Tammy Paulette Sales Support Partner InSource Solutions 866.204.6184
Quote J/ 016716 v2 Thursday, August 29, 2019 1/4 ~ ---~ --- - Onsource· SOLUTIONS
Agreement 26595 - Customer 1st End User Renewal Quote Information: Prepared for: Account Executive: Prepared by: Quote#: 016716 Florida Keys Aqueduct Authority Rich Hinkle Tammy Paulette Reyner Lopez 804.419.9141 866.204.6184 Version: 2 1100 Kennedy Dr [email protected] [email protected] Thursday, August 29, 2019 Key West, FL 33040-4021 Expiration Date: 10/30/2019 [email protected] (305) 289-6161
Annual Maintenance Renewal - End User
Description Price Qty Ext. Price HstStd-04-N-17 Historian 2017 Standard, 12,000 Tag $17,302.00 1 $17,302.00 Functional Upgrade for serial number: 921236
01-3453 InTouch 2014R2 Runtime 3K Tag with I/O $4,830.00 1 $4,830.00
01-3455 InTouch 2014R2 Runtime 60K Tag with I/O $6,655.00 1 $6,655.00
ISS-PO00 Wonderware Customer First Software Maintenance $42,030.36 1 $42,030.36 Start Date: 31-0ct-2019 - End Date: 30-0ct-2020
CF# 26595 SitelD# 10119 Exp. Date 10/30/2019 Client Installed License $349,628.00 Value: Customer First List Price: $76,993.16 Renewal Volume Discount: $34,962.80 Net Customer First Price: $42,030.36
Insight-12-S AVEVA Insight, Standard Plan, Subscription $0.00 1 $0.00
WSubAc-St- 1-S Wonderware Subscription Access-Customer FIRST $6,459.60 1 $6,459.60 Standard 1 Yr
THIN-10-010- Annual Platform Maintenance Plan Renewal for TM-010, $2,050.00 2 $4,100.00 10 TMM-010, TMR-010. Extends Platform Maintenance on 10-Packs 6826DA61-BDDA696B and 8DD310D3-C21 F41 F9 From 10/31/2019to 10/30/2020
Quote #016/16 v2 Thursday, August 29, 2019 2/4 ------~~----~~--=-- - --=- - Onsourct1 SOLUTIONS
Annual Maintenance Renewal - End User
Description Price Qty Ext Price - THIN-10-005- Plat Maintenance Renewal 5 Pack PMAnnual Platform $1,025.00 1 $1,025.00 10 Maintenance Plan Renewal for TM-005, TMM-005, TMR- 005. Extends Platform Maintenance on 5-Pack 0D58E645-54310879 From 10/31/2019to 10/30/2020
SUlPM SYTECH EXTENDED SUPPORT $425.00 1 $425.00 Start Date: 31-0ct-2019 - End Date: 30-0ct-2020
MDT-SUPPORT MDT AUTOSAVE ANNUAL $4,432.00 1 $4,432.00 Start Date: 31-0ct-2019 - End Date: 30-0ct-2020
PortNo r 0,-,1,tv W-ASWSA Au1oSaYe Senter SchedLlino "\15U!ffl 1 serve< W-OMM Number ol documenls rnan:,ged by OoaJmenls Module 250 W-RMT -MocUe 1 W-UNIV AuloSove Universal 50pmgr;ims H-CSCAOA Aulo5oYe Module for ateclSCAOA 2s~ W·SUNTY AuloSove MocUe for Schneider UniN Pro 50 Pf"""""' H•WWIN AuloSave Module for Wonde,ware lnTouch IS programs
Subtotal: $87,258.96
Quote Summary
Description Amount Annual Maintenance Renewal - End User $87,258.96 Total: $87,258.96
Payment Terms: Net 30
Quote ,;016716 v2 Tllursday, August 29, 2019 3/ 4
- - -- - O source· SOLUTIONS
Additional Information About Order
•List of supported licenses available upon request from your Customer First Representative•
Wonderware Customer first cuent Brochure Customer f irst center lnSource Training Center
* Important note regarding expiration: Customer First Maintenance Agreements carry no •grace period" beyond the maintenance agreement expiration date. If an agreement is allowed to lapse, the customer has the following 60 days to renew with a mandatory 10% penalty fee. Beyond 60 days, the renewal still requires a 10% penalty AND the agreement loses its license volume-based discount.
Order Terms: Taxes, Shipping, handling and other fees may apply. Your order will be pre-processed awaiting final processing after we receive your purchase order at [email protected] or by fax at 804-378-8648. We reserve the right to cancel orders arising from pricing or other errors. In certain circumstances, tariffs may impact the pricing of products and services relied upon by ISS from it's vendors. In such a case where a Quotation is affected by a tariff after its issuance, iSS reserves the right to withdraw it's Quotation and offer a new Quotation based upon pertinent impacts of tariffs.
Products/Maintenance: See Payment Terms Above.
Tra.i.aiJ:!g: Pre-pay or payment of invoice prior to class attendance.
~:Net 30 Days from date of Invoice with approved credit and credit limit. Time & Expense Services invoiced weekly as consumed. Fixed Cost Services (including Ready to Go Services) Invoiced 50% at time of order and 50% upon project completion. Travel and Living Expenses billed separately and at cost.
NOTE: You may receive separate invoices for individual Products, Maintenance, Training, SeNices.
Remit-To Address: lnSource Solutions, PO Box 72604, Richmond, VA23235 After You Order: After Purchase Order acceptance, order processing takes 3-5 business days. The first portlon of the order will arrive via email(s) directly from Aveva and will contain activation links and codes for Wonderware Online lnStudio. The second portlon will arrive via email from In Source and will contain a link to download media (if needed) along with an attached ZIP file consisting of license file(s), license certiflcate(s) and the maintenance agreement. Invoicing occurs within 46 hours of delivery of the lnSource email. NOTE:Physlcal delivery of product available upon request at the time of order. Freight, if required, is FOB shipping point -freight Is prepaid and added to the invoice.
ISS Standard Terms and Conditions apply and can be viewed h§!l!
Quute #016716 v2 Tl1ursday, August 29, 2019 4/4 -- . - - - BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM DUO - ();i Tlt8 -' 7 CONSENT ~ REGULAR 0
MEETING DATE: September 26, 2019 DIVISION: Utility Operations
AGENDA TITLE: Consideration to approve the purchase of an Automatic Vehicle Location (AVL) LiGo® GPS telematics system to be integrated with Cityworks from MarshallGIS in the estimated amount of $78,800.00.
ITEM BACKGROUND:
• The purchase is for an AVL system that works on an ESRI GIS platform and can be integrated with Cityworks. This portion of the implementation is part of phase two of the implementation. Th is will allow us to better track and dispatch our mobile assets. MarshallGIS is the most senior and advanced AVL partner working with Cityworks. The MarshallGIS system is being used by Central Arkansas Water, Suez Water, City of Costa Mesa, City of Portland ME, City of Topeka KS, City of Madison WI and Opelika Water Utilities who has been integrated with Cityworks for over three years. • Our existing system (Compasscom) is based on Verizon 3G service which will phase out at the end of this calendar year.
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
STAFF RECOMMENDATION (MOTION): Board of Directors to approve the purchase of an Automatic Vehicle Location (AVL) LiGo® GPS telematics system to be integrated with Cityworks from MarshallGIS in the estimated amount of $78,800.00.
SUPPLEMENTAL INFORMATION: •
DOCUMENTATION: Included: [K] To Follow: 0 Not Required: D
Cost to FKAA: $ __..:_78 ::...,_,8c:....:O~O.c.:..O..:....O BUDGETED: Yes [K] No 0 Cost to Others: $ ______Total Cost: $ ___7.c..,8,-'--80;;....:0_;. 0'-'--0
DEPARTMENT: ______Operations ...,__ +--- DEPARTMENT DIRECTOR APPROVAL:
General Counsel: Executive Director:
BOARD ACTION:
Approved: Y Tabled: Y Disapproved: Y Recommendation Revised: Y Comments: ------Date: ______Recording Clerk: ______~ ConnECt Your World™ QUOTE
marshallGIS To: From: El ishea Strickland Terry Bartlett Florida Keys Aqueduct Authority MarshallGIS 1100 Kennedy Drive 2915 N Cole Rd. Key West, FL 33040 Boise, ID 83704 Email: [email protected] Email: [email protected] Phone: 305.809.2559 Phone: (208) 514-0411
Summary Total Quote Amount: $78,800.00 Quote#: QUO-01034-FKAA
Project Name: LiGO"' GPS Telematics Revision # : 1
Issue Date: 8/12/2019 Effective For: 180
UGO" Light & Heavy Vehicle GPS Telematics Device (LMU-2630) Setup & Configuration - options for 5 digital inputs (including Driver ID) - LTE 200 $150.00 $30,000.00 - minimum 3 wire install required - No ECM diagnostics
LiGO" Subscription: Annual ($18/mo.jconnected device) 2 200 $216.00 $43,200.00 - Includes all of Platform as a Service including telematics devices
3 LiGO" ACCESS API Annual Subscription 1 $5,000.00 $5,000.00 Dispatch/Jobs Module Unlimited included 5 Maintenance Module Unlimited inlcluded 6 LiGO" Mobile Unlimited i lcluded 7 Unlimited Web Based Training Unlimited i le uded 7 Unlimited System Users Unlimited i !eluded 8 Device Shipping & Handling 200 $3.00 $600.00
11 Driver ID iButton Package Installation Services ( RFID Reader, buzzer) 1 $30.00 $30.00 CalAmp LMU-2600 Series GPS Telematics wired Device (3-wire) On-site Installation 12 1 $120.00 $120.00 Services CalAmp LMU-2600 Series GPS Telematics wired Device (3-wire) Installation On-site 13 1 $3,500.00 $3,500.00 Training (2 Days) UGO" Light & Heavy Vehicle GPS Device (LMU-2630) Setup & Configuration 14 - 5 digital inputs 1 $200.00 $200.00 - ECU (OBDII and j1939) engine diagnostics 15 CalAmp LMU-2600 Series GPS OBDII/Jbus Device Installation 1 $100.00 $100.00 16 2600/4200 Series Installation Service - Additional Sensor Inputs 1 $50.00 $50.00 CalAmp LMU-2600/4200 Series GPS Device Additional Sensor/System Input Setup and 17 1 $30.00 $30.00 Configuration
20 CalAmp TTU-700 Series 7 Year Non-Rechargeable Battery Operated Trailer Tracking Unit 1 $225.00 $225.00 CalAmp TTU-700 Series 7 Year Non-Rechargeable Battery Operated Trailer Tracking Unit 21 1 $50.00 $50.00 Installation Services CalAmp TTU-2830 - 6 Month Rechargeable Trai ler Tracking or Contractor Tracking Unit 1 $217.00 $217.00 18 'reouires intermittent access to oower source) Setuo & Confiauration 21 UGO" 2-day Onsite Training 1 $3,500.00 $3,500.00 22 UGO" Professional Services (per day) 1 $1,500.00 $1,500.00 Quote Assumptions 1. Upon Acceptance of this Quote, the client acknowledges that they have read and understand both the "Master License Agreement", and the "Software Maintenance and Services Delivery Agreement" . 2. MarshallGIS will deliver a vehicle information sheet to the FKAA to finalize the appropriate devices and cabling to use for each particular vehicle.
3. All hardware remains the property of MarshallGIS and must be returned, postage paid, within 60 days of termination of service. 4. Only those services provided by this quote, and accepted by the client, are provided for this project's scope of work. Additional services above and beyond this quote may be subject to additional charges. 5. This quote assumes that payment will be made upfront, and on a recurring annual basis. 6. Installation training services costs are included with this Quote as optional. BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM --=--D-=-U-=-0_-_O_ 3_____ TAB: CONSENT ~ REGULAR J
MEETING DATE: September 26, 2019 DIVISION: Utility Operations
AGENDA TITLE: Consideration to approve Change Order No. 1 for a credit amount of $13,456 and _final payment of FKAA Project# 4072-17, "Sigsbee Park Wastewater Collection System Assessment," to B.R.I.A.N., Inc., in the amount of $15,557.
ITEM BACKGROUND: • The Sigsbee gravity sewer collection system at Sigsbee Park Annex was experiencing inflow and infiltration leading to excessive wear on equipment and increased pumping cost. • The cleaning and video inspection of the system helped identify deficiencies. • Repairs will be made to reduce the volume of groundwater entering the collection system, reducing operational costs of the system. -
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: 1) On April 24, 2019 the Board approved award of Contract to B.R.I.A.N., Inc., in the amount of $66,156.
STAFF RECOMMENDATION (MOTION): Consideration to approve Change Order No. 1 for a credit amount of $13,456 and final payment of FKAA Project# 4072-17, "Sigsbee Park Wastewater Collection System Assessment," to B.R.I.A.N., Inc., in the amount of $15,557.
SUPPLEMENTAL INFORMATION: • See attached documentation.
DOCUMENTATION: Included: 00 To Follow: D Not Required: D
Cost to FKAA: $ ____15-'--, 5_5_7 BUDGETED: Yes 00 No 0 Cost to Others: $ ______Total Cost: $ ____1_ 5_,__,5:....;:5_7
DEPARTMENT: Engineering DEPARTMENT DIRECTOR APPROVAL: ------:-#-1-H--
General Counsel: Ci2rf' Executive Director: ~
BOARD ACTION:
Approved: Tabled: Disapproved: Recommendation Revised:
Comments:------
Date:. ______Recording Clerk: ______Florida Keys Aqueduct Authority Monroe County, Florida September 6, 2019
Sigsbee Sewer Assessment
Project Number #4072-17 Change Order No. 01
I. General
This Change Order is hereby made a part of the Contract Documents. All requirements of the original Contract Documents shall remain in full force and effect except as modified hereinafter.
II. Scope of Work and Reason for Modification
This change order #01 is for the Reconciliation for Final Payment. • Line Item #002 (Cleaning and Television Inspection) is being reduced $230.00. • Line Item #003 (Smoke Testing), Line Item #007 (Contingency Allowance), and Line Item #008 (Lateral Cleaning and Television Inspection) are being removed.
Ill. Summary of Cost Changes
A. Original Contract Bid: $66,156.00 B. Amount of Change Order 01 ($13,456.00) C. Adjusted Contract Amount $52,700.00
IV. Summary of Contract Time Changes
The Contractor has not requested additional Contract Time associated with this Change Order. The Contract Substantial Completion Date is unchanged and remains September 6, 2019. The Contract Final Completion Date is unchanged and remains October 7, 2019. Change Order #01 September 6th 2019 Page 2
The Florida Keys Aqueduct Authority and the Contractor, B.R.I.A.N., Inc. , agree that the time and costs sum agreed to in this Change Order constitutes a full and complete settlement of the issues set forth in this Agreement. The Contractor accepts the terms of the Change Order as full compensation for all costs, whether direct or indirect, whether incurred or in the future, related to the issues set forth in this Change Order.
The undersigned have carefully read this Change Order and by affixing their signatures attest their full agreement with the provisions herein.
Owner: Contractor: Florida Keys Aqueduct Authority B.R.I.A.N. Inc.
--:;;:fA:1~ C/ - C,- 19 Kirk C. Zuelch Date K~h Barton Date Executive Director President/Owner
Jolynn Reynolds, PE Date Manager of Engineering f torida Xeys _;;i_queditct _;;/_uffiority Pay Request
Pay Request Number: 2 Name of Project Sigsbee WW Collection Sys Assessment From 7/26/2019 To 8/25/2019 FKAA Project Number ------;4072-17 Page
Contract bid amount 66,156.00 Approved By Manager of Engineering Date Change orders (13,456.00)
Increase/decrease amount (13,456.00)
Approved By Adjusted contract 52,700.00 Finance Date Total work to date plus material stored per attached sheet 52,700.00 Approved By ~ ntract Manager , Less retainage 10%
Subtotal 52,700.00
Reviewed By d;A;c/4 2/t.~/J9 Less previous payments 37,143.00 Inspector Date Total due this estimate 1s,ss1.ooI ~\.A.~ /j INVOICE
B.R.I.A.N. Inc. ~ P.O. Box 478 INVOICE NO. 32847 Lake Hamilton, FL 33851 DATE August 28, 2019 863-438-9356 CUSTOMER PO 20814 [email protected]
TO Florida Keys Aqueduct 1100 Kennedy Dr Key West, FL 33040 305-296-2454
ATTENTION JOB PAYMENT TERMS DUE DATE Sigsbee Park Job #4072-17 Net JO 9/27/ 19
DESCRIPTION QUANTITY RATE TOTAL Sigsbee Park Wastsewater Collection System Assessment Project# 4072-17
Balance From Invoice 32829 1.00 4,127.00 4,127.00 Install 28 24" Manhole lid gaskets and inflow dishes 28.00 75.00 2,100.00
Install 54 36" Manhole lid gaskets and inflow dishes 54.00 145.00 7,830.00 Demobilization 1.00 1,500.00 1,500.00
Work Completed on 8-28-19
We do expect payment within terms, so please process this invoice within that time. SUBTOTAL s 15, 557.00 There will be a 1.8% interest charge per month on late payments. You are responsible for al/ local, state, federal taxes and fees pertaining to your area. SALES TAX TOTAL s 15,557.00
THANK YOU FOR YOUR BUSINESS! BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY
AGENDA ITEM DU0-04 TA<;> : q CONSENT [K] REGULAR 0
MEETING DATE: September 26, 2019 DIVISION: Utility Operations
AGENDA TITLE: Consideration of Approval to Award Bid# FKAA-IFB-0014-19, One-year Contract for Hydrofluosilicic Acid to Florida Chemical Supply Inc. in the amount of $49,000.00. The HydrofluosilicicAcid will be used at the J.Robert Dean Water Treatment Plant.
ITEM BACKGROUND: • The bid request was posted on Demand Star, advertised in one newspaper, and posted on the FKAA website. • Staff has reviewed the bid documents and qualifications of all the bidders. • Based on total contract price, the lowest responsive, responsible bidder is Florida Chemical Supply, Inc. • Bid price is 0.245/lb. • The following bids were opened 9/03/19:
Vendor Total Price 1-Year Contract Florida Chemical Supply, Inc. $49,000.00 The Dumont Company $51 ,800.00 Univar USA, Inc. $68,000.00
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: N/A
STAFF RECOMMENDATION (MOTION): Board of Directors to Approve the Award Bid# FKAA-I FB-0014-19, One year Contract for Hydrofluosilicic Acid to Florida Chemical Supply Inc. in the amount of $49,000.00. The Hydrofluosilicic Acid will be used at the J.Robert Dean Water Treatment Plant.
SUPPLEMENTAL INFORMATION: • Attached presentation. • Previous contract price was $0.249/lb.
DOCUMENTATION: Included: [!] To Follow: D Not Required: D
Cost to FKAA: $ 49,000.00 BUDGETED: Yes [!] No Cost to Others: $ • Total Cost: $ 49,000.00
DEPARTMENT: Water Operations DEPARTMENT DIRECTOR APPROVAL: c$=---.
General Counsel:
BOARD ACTION:
Approved: D Tabled: D Disapproved: D Recommendation Revised: • Comments: ------Date:. ______Recording Clerk: ______J. Robert Dean /J Chairman District 3
Florida Keys ,fa" Richard J. Topplno Vice-Chairman ~~e~;~"~ct Authority ; , . District 2 Key West, Florida 33040 .r:;,'1' David C. Ritz Telephone (305) 296-2454 ~ Secretary/Treasurer District 5
Antoinette M. Appell -*Mm ~~¾)~~ ~--~ District 4 Cara Higgins ~v District 1 Klrk C. Zuelch Executive Director
MEMORANDUM
TO: Tom Morgan, Manager of Operations
FROM: David Jackson, Purchasing Manager
DATE: September 4, 2019
SUBJECT: FKAA-IFB-0014-19, Hydrofluosilicic Acid for the J.R. Dean WTP, I-year Contract
Subject bid opening was conducted on September 3, 2019. This bid was advertised once in one newspaper, as well as being published on the Authority's website, and Demand Star. Three bids were received, which are as follows:
Vendor Total Cost Florida Chemical Supply Inc. $49,000.00 The Dumont Company $51,800.00 Uni var USA, Inc. $68,000.00
It is recommended that we award the bid to Florida Chemical Supply Inc. as the lowest qualified bidder for the product. Please see the attached bid for your review. Please ensure that a purchase order is generated upon acceptance of the recommendation.
ACCEPTED: ___~_____ UNACCEPTED: ______Reason for Not
Accepting Bi~------
General Counse~S:::;Bid Not Accepted): ______FLORIDA KEYS AQUEDUCT AUTHORITY BiD O_Pl;N!NG~UMMAR'( Bid nµmber: FKAA~IFB-0014-19
Biddesaiplion: Purchase ofHydrofklosilicicAcid fo(the J. R. Dean WaterTrealmel')t Plant
Bid opening date: _3-_Sep-_._1_9______
Tme: -'4~:00~P~J.4=··------
~id --~ - -Totalpitce Total Cost Comments Bidder'sName sealed :siQned "per·ixi'und
The Dlimont"Company - !!11!~81211N~ ✓ ✓ . -d5'1Of'j I h- ~r ~00-DO I UnivarUSA lli:lr=,idJ/30,'!~ ./ . /JtJ-g- DO ✓ 3l/ {fl lrzf.': A/lA. I ! .FIQric;taChemicarSupply 8"1.-..191Y19~pm ✓ v .. J4 .. Department _Director·or· Designee. Purchasing a~ Inventory C<>ntrQIMariaget/Oeslgnee . B.uY'!r/Purc1J~singAdministratQr FLORIDA FKAA AQUEDUCT AUTHORITY INVITATION TO BID: COMMODITIES/SERVICES (BIDDERS ACKNOWLEDGI\!IENT) MAIL BIDS TO: Fl.ORIO,\ FK,\A AQllEDl'C"T AFHIORITY 7000 Front St. (Stock Nand) KE\" WEST, FLORIDA JJCl-40 (No l1SPS d•llwrl"', hdt:x and l "PS nnl~·-> ~a11.c 1 of-I (305) 296-:'.-1 5-1 PROJECT ? am" FKi-\ A·lfD-OOl-4- 19 BIDS Wll.l. BE OPENED: S"f'IO,lllbtr , ... ~ti I? :II -1:00pm BID TITLE: Pur,:has.: ofHydn,t1111>0ilicic Add for theJ. R. Doan WfP. I· 7UOO Front St. Ke1· West. FL 3311JO y~ar Contract. Florid;i City. FL .\,\M-1 NO l lSPS Delin~y, F.. l Es or l 'PS 01-L\' :ind mav 1101 be withdrawn within days allo,r , u~h d:,lc aad tim~. Delivo,rv Dalt Will Be 2 Davs After R.. -.:cint ._,r Purehosc Order. jcotty~f lori da - chemical .com NAME OF VENDOR: Flol'ida Chemical Supply, Inc. FMAIL ADDRESS: 6 810 E Chelsea Street MAILING ADDRESS: CITY-STATE-ZIP : Tampa FL 3361 0 C'ERrlFLED OR l 'ASIIIER'S C"llFCK IS ATTACHF.D . WHEN REOrJRED. IN ntE AMOUNT Of i 8 1 3 · 623 - 1274 813)\62_!· ?167 TELEPHONE NllMRER: ~\DDRESS: I c GENERAL CONDITIONS BIDDER: To ln,ure accenta• « of lb.e bid follow lb.Ht i• slructiuas SEAi.ED BIDS: Thi, fonn must be: executed anJ r .t. !Continued) Discrepancie< helween the indicated •um of nny ..:olumn of figure, an,l the cl SAFETY STANDARUS : llnless otherwise stipulaled in the bi,t. all eorrecl ,um 11tereorwill he re~lllwd in favor ,,fthe corr.cl '.'iOTE: ANY AND ALL SPECIAL C 2 Hydrofluosilicic Acid 1-Year Contract. HYDROFLUOSILICIC ACID (H;tSiFr.) must meet ANSI/A WW A Standards B703-11. Must provide annual onsite training for FKAA personnel that meets the OSHA Process Safety Management requirements. Delivery shall be by truck 10 the Florida Keys Aqueduct Authority. J. Robert Dean Water Treatment Plant, 35400 SW 192 Ave .. Florida City. Weight certification will be required. The driver must have in his possession a weight certificate from a certified weigher before a delivery will be accepted. Delivery will be scheduled by telephone call from Florida City personnel to the shipper. Delivery amount: Approx. 15.000 pounds per delivery. Estimated Quantity: 200,000 pounds - One Year. $__ o__ 245lJnit Price (per pound) t wenty- four Written Unit Price (per pound) zero dollnrs and 1 1 2 cents. Estimated Quantity: 200,000 pounds - One Yenr $ 4 9 , ooo .~ Total Delivered Price Forty-nine thousand dollars z e r o cents. Written Total Contract Price ----- Note: Price to include delivery. Price will be finn for contact period, no escalation clause accepted. Delivery schedule: Within five (5) days after receipt of notice to deliver. Delivery shall be between the hours of 9:00AM and 4:00PM. Monday through Friday. Contract shall continue for one year from October l. 2019 through September 30, 2020. Proof oflnsurance required upon award of bid. (See attached insurance requirements.) Any questions regarding this bid should be directed to David Jackson. Purchasing Manager in writing via email to djackson(ttlfkaa.com. The Governing Board of Directors of the Florida Keys Aqueduct Authority reserves the right to reject any and all bids, in whole or in part. to waive any irregularities or infonnalities in any bid, and to award to any party considered to be in the best interest of the Authority. 3 INSURANCE REQUIREMENTS: The successful proposer shall obtain, at his/her own expense. insurance as specified in this section and proofofs1u:/1 i11s11ram:e 11111st be i11c/11ded wit/, t/1e proposal. Such insurance will be required during the entire tenn of the contract. The successful proposer is responsible for ensuring that all such insurance obtained will extend protection to any subcontractors who may perfonn any part of this contract or require any such subcontractors to obtain insurance consistent with this section. All proposals shall include as satisfactory evidence of the required insurance. either: Certificate(s) oflnsurance or a certified copy of the actual insurance policy(ies). FKAA, at its sole discretion, has the right to request a certified copy of any or all insurance policies required by this section. Insurance policies must be provided by a company authorized to transact business in the state of Florida and the companies must maintain a minimum rating of A-, as assigned by the A.M. Best Company. The COMMERCIAL GENERAL LIABILITY and the POLLUTION LIABILITY coverages must include FKAA as an additional insured. (NOTE: the proof of insurance included with the proposal does not have to include FKAA as an additional insured. This will be a requirement for the successful proposer.) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: Limits: Workers C'ompensation Statutory Employers Liability: Bodily Injury by Accident $ l00,000. Bodily Injury by Disease, policy limit $ 500.000. Bodily Injury by Disease, each employee $ 100,000. COMMERCIAL GENERAL LIABILITY INSURANCE: Limits: Per Occurrence $lJJO0.00O. Aggregate $1.000.000. POLLUTION LIABILITY INSURANCE Limits: $1.000.000. VEHICLES LIABILITY INSURANCE: Limits: Combined Single Limits $1,000.000. Or Per Person $ 500.000. Per Occurrence $1 ,000.000. Property Damage $ J00,000. HAZARDOUS CARGO TRANSPORTERS LIABILITY (MCS-90 Endorsement) Limits: $.5.000.000. 4 BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY AGENDA ITEM: DUO- OS TAB: ID CONSENT: [Kl REGULAR: 0 MEETING DATE: September 26, 2019 DIVISION: UTILITY OPERATION S AGENDA TITLE: No Objection to the abandonment of a portion of Flagler Street Right-of-Way, Lots 16 and 17, Block 53, Grain's Subdivision, according to the Plat thereof as recorded in Plat Book 1, Page 51 of the public records of Monroe County, Florida. The FKAA has no facilities located within the area of requested abandonment. ITEM BACKGROUND: N/A PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: N/A STAFF RECOMMENDATION (MOTION): No Objection to the abandonment of a portion of Flagler Street Right-of-Way, Lots 16 and 17, Block 53, Grain's Subdivision, according to the Plat thereof as recorded in Plat Book 1, Page 51 of the public records of Monroe County, Florida. The FKAA has no facilities located within the area of requested abandonment. SUPPLEMENTAL INFORMATION: See attached. DOCUMENTATION: Included: To-Follow: D Not Required: • Cost to FKAA: $ 0 BUDGETED: Yes D No [KJ Cost to Others: $ Total Cost: $ _ _ ___oc,_ DEPARTMENT: Engineering DEPARTMENT DIRECTOR APPROVAL: Executive Director:-r BOARD ACTION: Approved: Tabled: Disapproved: Recommendation Revised: Comments: ______ Date:______Recording Clerk: ______QI (.HN ,.Ni( ff11(:E It) Pl)JI fOlrt,=J C, rif:CIS'IY.: '"' DESCRIPTION: r OC 'O.'ff(',l'~'(I ,., 1./'C " ~ c:ara-o..,! "' PETITIONERS ADJACENT PARCEi; Q) 81 1- _ff\CJ?"DI c;Jl 'MTIIF'!Jl IC) M lQ: ~ w.l!W P(. l'O~- «Clll!VC "5JO, 'IU,"{)tu,.;( (SI"" \ICXl..',I 'il'flll P' LOTS 16 AND 17, BLOCK 53, CHAIN'S SUBDMSION, ACCORDING TO THE PLAT THEREOF AS RECORDED Ota OITOt,,:. ll(CO'l) 90:)( "" -MONO C8W co,,ar,8,_, .l();M..1 \ l()lo, ~ 5. MS SUR'iO' WASPREPMCD IITHOUT 'H BCNmTOf A TITl£ RCPatT, JlOUCIIE PROSPECTU'i£l'ltfC, liC ACaPTS HO R(SPC1t981,JlYr ell l lt!OH'S-0'"-WAY,£ASQ10jT5, lifSlRICTICNS Of R[calO CR ono ru.rm N'ftCTINCli ne TOl..NOS SU!'£1ED 0ltlJI lNAN lHOS[ RCOICD.. aJ!IIENT 0£ID N¥JAA OHR NS"IR\lli(HTSor R(a;H;) nJRtGfD BYa.or. POB 6. 1.ASTM. T( Q'" Fm SUMY: 8-11-U rAR~fNMENT .. 9 , "C -:., 7. PaTTl0HERSPNIC(l. Ml.f.A• 29,1•6.• fEO MR AU. NI> 17.694.4 SOUW: Fm UPI.NI) MOREOR LESS.AIW«INWOiJ PMCO.. " J,600.6 "'-"'l'fW . ~ ..__S39'10'30"E --n ---240.85 ___. •..,, ~ 8. SUBJCCTPARCO. LCS WITttlHrtDfJW.. OOl'.i(HCY KiOIC'I F\.000 ZOfrl£S~ 1£10 \1:11 N.o YEil NlJ ,fffJlS ONfl.CIOO NSUIAHC( RATEW 120ll7Cll64K MT£D 2-1';_. ... ;.;... ~ _ '«: ______~ ~o · '-.) ~ Cl LOT 16 C> 0 BLOCK 53 !: N " 8 1 PG ::i' st•~!• - ' '-.) I ; §: >- ~ ...... i ! ij; ~;! E--, < I<, 0 ~ p ~ a• -- ~ :i:: LOT 17 •! '° GRASSY KEY CITY MARATHON " JC'4 - 187 BT W Prospect Surveying, LLC or "i9 -t> No Objection to the abandonment of a portion of Flagler Street Right-of-Way, Lots 16 and 17, Block 53, Crain' s Subdivision, according to the Plat thereof as recorded in Plat Book 1, Page 51 of the public records of Monroe County, Florida, more particular! y described below: Beginning at the Northeast corner of Lot 16, Block 53, CRAIN'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page 51, of the Public Records of Monroe County, Florida; thence S.50°49'30"W., along the Northeasterly line of Lot 16 and 17, Block 53, said Crain's Subdivision, a distance of 120.02 feet; thence N.39° 10' 30"W., a distance of 30.00 feet to a point on the Northerly right of way line of Flagler Street and the Southerly right of way line of U.S. Highway No. 1, thence N.50°49'30"E., along said Northerly right of way line of Flagler Street, a distance of 120.02 feet; thence S.39°10'30"E., a distance of 30.00 feet to the Point of Beginning. Containing 3,600.6 square feet more or less. The FKAA has no facilities in the above referenced property and there is no future need for facilities on that property. Applicant: Law Offices of Thomas Wright Thomas Wright 9711 Overseas Highway Marathon, Florida 33050 BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY AGENDA ITEM: DUO- O& TAB: ti CONSENT: [Kl REGULAR: 0 MEETING DATE: September 26, 2019 DIVISION: UTILITY OPERATIONS AGENDA TITLE: No Objection to the abandonment of the existing 12-foot Easement located in Lot 22 and a portion of Lot 23, Block 12, Ocean Reef Plat No. 3, according to the Plat thereof recorded in Plat Book 4, Page 91 , of the Public Records of Monroe County, Florida. The FKAA has no facilities located within the area of requested abandonment. ITEM BACKGROUND: WA PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: N/A STAFF RECOMMENDATION (MOTION): No Objection to the abandonment of the existing 12-foot Easement located in Lot 22 and a portion of Lot 23, Block 12, Ocean Reef Plat No. 3, accordi ng to the Plat thereof recorded in Plat Book 4, Page 91 , of the Public Records of Monroe County, Florida. The FKAA has no facilities located within the area of requested abandonment. SUPPLEMENTAL INFORMATION: • See attached. DOCUMENTATION: Included: To-Follow: D Not Required : • Cost to FKAA: $ 0 BUDGETED: Yes D No ~ Cost to Others: $ Total Cost: $ _____ o_ DEPARTMENT: Engineering DEPARTMENT DIRECTOR APPROVAL: DIVISION DIRECTOR APPROVAL:_ :ff'-"'-'f,l\c=--~------ General Counsel: 'J<_'f £ Executive Direct~,:~ BOARD ACTION: Approved: Tabled: Disapproved: Recommendation Revised: Comments:______ Date: ______Recording Clerk: ______th Board Item September 26 , 2019 No Objection to the abandonment of the existing 12 foot Easement located in Lot 22 and a portion of Lot 23, Block 12, Ocean Reef, Plat No. 3, according to the Plat thereof recorded in Plat Book 4, Page 91, of the Public Records of Monroe County, Florida, more particularly described as follows: The Westerly 6.00 feet of Lot 23, Block 12, Ocean Reef Plat No. 3, according to the Plat thereof recorded in Plat Book 4, Page 91, of the Public Records of Monroe County, Florida and the Easterly 6.00 feet of Lot 22, Block 12; and less the Northerly 6.00 feet thereof, Ocean Reef Plat No. 3,according to the Plat thereof recorded in Plat Book 4, Page 91, of the Public Records of Monroe County, Florida. Containing 1,248.0.0 square feet/0.03 acres more or less by calculation. The FKAA has no facilities located within area of requested abandonment and no future need for the easement on that property. Applicant: Samuel A. Persaud Persaud Law Group 31 Ocean Reef Drive, Suite A-201 Key Largo, Florida 33037 N w E s LOCATION MAP NOT TO SCALE PERTINENT INFORMATION USED TO PREPARE THE SKETCH AND LEGAL DESCRIPTION: North orrow direction is based on on ossumed Meridion. Beorings os shown hereon ore bosed upon the centerline of Sproy Roo d with o n ossumed beoring of S46°57'07"W. soid line to be considered a well estobished and monumented line. Legel Descrip1ion furnished by Client. Trustee's Deed doled April 8th .. 2004. Officiol Record Book 1990, Poge 2482-2483, recorded in Monroe County Records. Plot of "Oceon Reef Plot No. 3", Recorded in Plot Book 4, Poge 91, Monroe County. Florido. EASEMENTS AND ENCUMBRANCES: Florido Keys Aqueduct Authority Easement, Officiol Records Book 897. Poges 2253-2255. Monroe County Records. RESTRICTIONS: Since no other informotion wos furnished other then who I is cited under pertinent informolion, the Client is hereby odvised that there may be legal restrictions on the subject p roperty that ore not shown on the Sketch or contained within this report that ma y be found in the Public Records of Monroe County, Florido or any other public and private entities os their jurisdiclions may appear. This document does not represent o field boundory survey of the described property, or any port or parcel thereof. SURVEYOR'S CERTIFICATE: NOTICE: Not full and complete w;thout all three (3) pages. L@NCilTUDE S U R V E Y O R S 7769 NW 48TH STREET, SUITE 375 DORAL, FL. 33166 PHONE:(305)463-0912 FAX:(305)513-5680 WWW. LONG I TUDESURVEYORS. CO M LEGAL DESCRIPTION - 5 SPRAY ROAD Lot 22, Block 12 of OCEAN REEF PLAT NO. 3, according to the Plat thereof as recorded in Plat Book 4, Page(s) 91, of the Public Records of Monroe County, Florida. Together with a portion of Lot 23 in said Block 12, less the following described portion thereof; the Northeasterly I /2 of Lot 23, being more particularly described as beginning on the curve of the Northwesterly right of way line of Spray Road at the dividing line between Lots 23 and 24; thence proceed Northwesterly along said dividing llne 11O feet to the Northwesterly line of said Lot 23, the same being a curved line;thence proceed Westerly and Southerly along said curve having for Its elements a central angle of 5° 17'37" and a radius of 615 feet for a distance of 56.82 feet; thence proceed Southeasterly 11 0 feet to a point on the Southeasterly line of said Loi 23, the same being a curved llne and the Northwesterly right of way line of Spray Road; thence proceed Northerly and Easterly along said curve having for Its elements a central angle of 5°23'01" and a radius of 505 feet, for a distance of 47,45 feet to the Point of Beginning. Containing 16,734.0 square feet, 0.38 acres more or less by calculation LEGAL DESCRIPTION VACATION OF 12 FOOT UTILITY EASEMENT A 12.00 foot Utility Easement located in Lot 22 and a portion of lot 23, Block 12, OCEAN REEF, PLAT NO. 3, according to the Plat thereof recorded in Plat Book 4, at Page 91, of the Public Records of Monroe County, Florida, more particularly described as follows: The Westerly 6.00 feet of Lot 23, Block 12, Ocean Reef Plat No. 3, according to the Plat thereof recorded in Plat Book 4, at Page 91, of the Public Records of Monroe County, Florida and the Easterly 6.00 feet of Lot 22, Block 12; and less the Northerly 6.00 feet thereof, Ocean Reef, Plat No. 3, according to the Plat thereof recorded in Plat Book 4, at Page 91, of the Public Records of Monroe County, Florida. I i Containing 1,248.0 square feet / 0.03 acres more or less by calculation. LEGAL DESCRIPTION PROPOSED 6 FOOT UTILITY EASEMENT A proposed 6.00 foot Utility Easement located in the Northwesterly half of Lot 23, Block 12, OCEAN REEF, PLAT NO. 3, according to the Plat thereof recorded in Plat Book 4, at Page 91, of the Public Records of Monroe County, Florida, more particularly described as follows: The Easterly 6.00 feet of the Northwesterly half of Lot 23, Block 12, Ocean Reef Plat No. 3, according to the Plat thereof recorded in Pla t Book 4, at Page 91, of the Public Records of Monroe County, Florida and less the Northerty 6.00 feet thereof: more particularly described as follows: Commence at the Southeasterly corner of Lot 22, Block 12 and the Southwesterly comer of lot 23, Block 12; thence run N46°57'07"E for 8.83 feet; thence run Easterly along the arc of said curve concave to the South, having for it's elements a radius of 505.00 feet, an included angle of 04°22'50", a chord bearing of N49"08'32"E, a chord distance of 38.60 feet and an arc distance of 38.61 feet to a point on the Northwesterly right of way Line of ?PR~ Y ROAD and the Polnt of Beginning; thence leaving said right of way run N38"09'52"W for 110.00 feet to a point on a curve said point being on the Northwesterly Boundary of Lot 23, Block 12; thence run Westerly along the curve that is concave to the Southeast, having for it's elements a radius of 615.00 feet, an included angle of 00°33'32"', a chord bearing of S51 °08'34"W, a chord distance of 6.00 and an arc distance of 6.00 feet; thence S38"09'5Z'E for 110.02 feet to a point on the Northwesterly right of way; thence run Easterly along a curve that Is concave to the Southeast, having for it's elements a radius of 505.00 feet, an included angle of 00°40'51 ", a chord bearing of N50°59'3 I "E, a c hord distance of 6.00 feet and an arc d istance of 6.00 feet to the Point of Beginning. Containing 626.0 square feet / 0.01 acres more or less by calculation. L@NCilTUDE S U R V E Y O R S 77.69 NW 48TH STREET, SUITE 375 DORAL, FL. 33166 PHONE:(305)463-0912 FAX:(305)513-5680 WWW. LONGITUDESURVEYORS. COM JOB NO.: 18148.1.01 NOTICE: Not full and complete without all three (3) pages. PAGE20F3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION N w E s / / •~.' ( t"lB,,H' ~ ~•505,CO .. A.-o4"215.1' 1• 19.Ji' •l'm"Ofl'Jn Ct-£-38.iO' i i' / f ! ; J / LEGEND: PC • POINT OF CURVATURE ~0NOITUDE P.8. ' • PLAT SOOK , S U R V E Y O R S PG. • PAGE M • MEASURED (R) • RECORD 7J69 NW 48TH STREET, SUITE 375 P.0.8 • POINT OF BEGINNING DORAL, FL. 33166 P.O.C. • POINT OF COMMENCEMENT PHONIE:(305)463-0912 FAX:(305)513-5680 WWW.LONGITUDESURVEYORS.COM JOB NO.: 18148.1,01 NOTICE: Not full and complete without all three (3) pages. PAGE30F3 J. Robert Dean Chairman ~- ---1F...... 1~orida Keys District 3 Aqueduct Authority Richard J. Toppino 1100 Kennedy Drive Vice-Chairman Key West, Florida 33040 District 2 Telephone (305) 296-2454 www.fkaa.com David C. Ritz Secretary/Treasurer District 5 Antoinette M. Appell District 4 Cara Higgins District 1 Kirk C. Zuelch Executive Director MEMORANDUM TO: Board of Directors FROM: Kirk C. Zuelch, Executive Directorf:;:2--- DATE: September 17, 2019 SUBJECT: Executive Director's Report - Board of Directors Meeting September 26, 2019 Below is an outline of issues that I'll be discussing in my Executive Director's report: 1. David Browning Legislative Update David Browning, from the Southern Group, will give an update to the Board on legislative matters. 2. Hurricane Irma FEMA Reimbursement The Authority recently received a reimbursement from FEMA in the amount of$1,725,770.50. This check was for reimbursement of costs associated with venders and labor. We previously received $253,000 from FEMA for similar type expenditures. Total FEMA reimbursements received is now $1,978,770.50. We are still awaiting approval for approximately $900,000 in reimbursement pending in that same category. All property damage reimbursement expenses are still pending. 3. Hurricane Dorian- Green Turtle Cay Water System Assessment The Authority, along with Keys Energy, will be sending a representative to Green Turtle Cay to assist in assessing the damages caused by Hurricane Dorian to their water and power systems. Tom Morgan, Water Operations Manager, will fly over September 17th to provide an initial assessment. On Tom's return, staff will review his assessment to determine if the Authority can provide additional assistance to the residents of Green Turtle Cay. BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY AGENDA ITEM: DOA-01 CONSENT: 0 REGULAR: ~ DIVISION: Administration MEETING DATE: September 26, 2019 AGENDA TITLE: Summary of financial information for October 2018 through August 2019. ITEM BACKGROUND: Financial highlights Percentage of fiscal year elapsed 91.67% Percentage of budgeted revenue earned 101 .90% Percentage of operating budget expended 84.40% Budget amendments year to date 11 Budget line item transfers year to date 19 Operating revenue increase (decrease) year over year 13.53% Operating expense (less depreciation) increase (decrease) year over year -4.07% PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: STAFF RECOMMENDATION (MOTION): Informational only SUPPLEMENTAL INFORMATION: DOCUMENTATION: Included: • To-Follow: D Not Required: • Cost to FKAA: $ BUDGETED: Yes 0 No • Cost to Others: $ Total Cost: $ _____ :::l::M:::~T::•:::ROVAL•---r----D-E_P_A_R_T_M_E_~_TD"\-I_R_E_C_T_O_R_A_P_P_R_O_V_A_L_:______ 7 Reviewed by• Internal Audilor• ,__ General Counsel• G27"f" Execulive Direclor-9- BOARD ACTION: Approved: D Tabled: D Disapproved: D Recommendation Revised: o Comments:------Date: ______Recording Clerk:------FLORIDA KEYS AQUEDUCT AUTHORITY Financial Analysis .Jlugust 30, 2019 Balance sheet summary Increase (decrease) Increase (decrease) Current month-end from last month from last year-end Cash, cash equivalents and investments $ 89,761 ,091 5.3% 141 .0% Capital assets, net of depreciation 275,137,644 0.2% 2.3% Other assets I 15,739,315 9.4% 19.7% Total assets 380,638,050 1.0% 17.5% Deferred outflow of resources 34,233,391 -0.03¾ -0.36¾ Long-term debt (including current portion) 255,366,386 0.0% 26.9% Other liabilities 12,218,494 8.0% -22.3% Total liabilities 267,584,880 0.3% 20.5% Deferred Inflow of resources I 3,181,320 0.00% 0.00% Net assets $ 144,105,241 2.0% 8.3% Revenue and expense summary Increase (decrease) Increase (decrease) from same month from year-to-date Month-to-date last year Year-to-date last year Net operating revenues $ 6,715,849 8.1% $ 65,864,080 13.5% Interest income 168,148 149.1% 977,840 55.3% Other income I 1,047,115 866.2% 1,924,815 175.9% Total income I 7,931,112 20.9% 68,766,735 15.6% Operating expenses (less depreciation) 3,688,836 -5.9% 40,711 ,615 -4.1% Depreciation 1,203,031 0.0% 13,923,328 0.2% Interest expense I 475,025 7.9% 5,120,476 0.4% Other expenses 23,176 I 392,019 Total expenses 5,390,068 -3.2¾ I 60,147,438 -2.3¾ Excess of revenues over expenses 2,541,044 I 8,619,297 System development fees and other contributions 263,683 84.5% 2,387,532 -37.4% Change in net assets $ 2,804,727 $ 11,006,829 Net Operating Revenues Capital Expenditures Last ten fiscal years 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 1 _ - 20,. 2018 _ 2017 - - Budgeted revenue I Financial indicators Current month-end Last month-end Last year-end Unrestricted net assets $ (5,607,222) $ (7,314,588) $ (7,833,318) Current cash and investments to current liabilities 4.8 5.0 1.7 # months operating expenses in cash and investments 2.5 2.3 0.2 Working capital (current auets less current liabilities) to total assets 0.2 0.2 0.1 Net assets to total assets 0.4 0.4 0.4 Average rate of return on investments (year to date) 2.14% 2.43% 1.32% % of total annual budgeted revenue earned (year to date) 101.9% 91 .5% 102.8% % of total annual budget expended (year to date) 84.4% 76.4% 98.9% Total capital expenditures (year-to-date) $ 17,681,425 $ 16,235,223 $ 13,539,189 Flo rid• Keys Aqutduct Authority STATEMENT OF NET POSITION August 30, 2019 Assets Current assets Unrestricted current assets Cash and cash equivalents 24,237,087 Investments Receivables: Accounts - customers 6,336,121 Accounts - other 3,372,799 Interest 32,572 Current portion of assessments 340,988 Material and supplies 2,638,260 Prepaid expenses and other current assets 781 048 Total unrestricted current assets 37 738 875 Restricted current assets Cash and cash equivalents 62,654,860 Investments Interest rate swap collateral Total restricted current assets 62,654,860 Total current assets 100,393 735 Noncurrent assets Restricted noncurrent assets Cash and cash equivalents 2,869,144 Investments Total restricted noncurrent assets 2,869 144 Capital assets Capital assets In service 522,045,769 Construction in progress 28,762,806 Less accumulated depreciation (275,670,931) Capital assets, net of accumulated depreciation 275 137,644 Assessments receivable. net or current portion 2,237 527 Total noncurrent assets 280 244315 Total assets 380,638,050 Deferred outflow of resources Accumulated change in fair value of hedging derivatives 7,382,211 Deferred amount on debt refundings 2,275,170 Pension 9,310,772 Navy wastewater 14,878,905 OPES 386 333 34,233,391 Liabilities Current liablilties Current liabilities payable from unrestricted assets Accounts payable 1,403,247 Accrued wages and benefits 389,069 Unearned receipts Other liabilities 2 882 973 Total current liabilities payable from unrestricted assets 4,675,289 Current liabilities payable from restricted assets Customer deposits 2,869,144 Interest payable 1,270,956 Advances from other governments 3,403, 1D5 Current portion of credit due to US government 1,030,145 Current portion of bonds payable 4,473,174 Curent portion of compensated absenses 305,216 Total current liabilities payable from restricted assets 13,351,740 Total current liabilities 18 027 029 Long-term liabilities Credit due to US government 26,926,216 Bonds payable 183,785,249 Derivative instrument • swap 7,382,211 Compensated absences 3,029,626 Net OPES obligation 11,087,540 Net pension liabilities 23,155,544 255,366,386 Less current portion (5,808,5351 Total long-tem1 liabilities 249 557,851 Total liabilities 267,584,880 Deferred Inflow of resources Pension 2,562,524 OPEB 618,796 3,181,320 Net position Invested in capital assets, net of related debt 88,962,465 Restricted: Debt service 56,763,144 Capital projects 1,117,710 Other purposes 2,869,144 Unrestricted (5,607,222) Total net position $ 144,105,241 Florida Keys Aqueduct Authority STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS For the eleven months ending August 30, 2019 Month-to-date Year-to-date Increase Increase This year Last year (decrease) This year Last year (decrease) Operating revenue Metered revenue water: Residential $ 2,816,469 $ 2,630,793 $ 185,676 $ 27,309,108 $ 24,399,889 $ 2,909,219 Commercial 2,503,786 2,243,229 260,557 23,230,506 19,120,667 4,109,839 U.S. Navy 101 ,417 100,286 1,131 1,055,703 1,020,108 35,595 Other governmental (20) 20 Senior citizens 41 ,242 44,472 (3,230) 449,782 408,402 41 ,380 Reclaimed water 20,120 15,392 4,728 149,455 107,753 41 ,702 Metered revenue wastewater: Residential 631,173 567,612 63,561 6,388,1 69 5,732,041 656,128 Commercial 100,403 88,524 11 ,879 946,213 838,865 107,348 U. S. Navy 136,460 141 ,203 (4,743) 1,446,564 1,437,937 8,627 Other governmental 394 590 (196) 4,838 5,837 (999) Senior citizens 13,324 14,258 (934) 153,691 138,283 15,408 Total metered revenue 6,364,788 5,846,359 518,429 61,134,029 53,209,762 7,924,267 Other operating revenue 382,077 396,611 (14,534) 5,095,076 5,184,409 (89,333) Total operating revenue 6,746,865 6,242,970 503,895 66,229,105 58,394,171 7,834,934 Less: abatements (31,016) (30,483) (533) (365,025) (377,366) 12,341 Net operating revenue 6,715,849 6,212,487 503,362 65,864,080 58,016,805 7,847,275 Operating expenses Source of supply 78,1 68 58,562 19,606 717,766 652,049 65,717 Water treatment 295,206 308,695 (13,489) 3,511,493 3,610,886 (99,393) Transmission 490,224 469,901 20,323 5,1 57,688 5,229,81 1 (72,123) Distribution 614,788 971 ,607 (356,819) 8,688,942 8,903,943 (21 5,001 ) Customer accounts 252,566 268,178 (15,612) 3,017,127 3,196,335 (179,208) General and administration 1,652,581 1,482,697 169,884 15,635,895 16,063,658 (427,763) Wastewater treatment 103,412 122,617 (19,205) 1,315,689 1,207,574 108,1 15 Wastewater collection 201 ,891 239,509 (37,618) 2,667,015 3,574,038 (907,023) Depreciation 1,203,031 1,203,031 13,923,328 13,893,932 29,396 Total operating expenses 4,891,867 5,124,797 (232,930) 54,634,943 56,332,226 (1,697,283) Utility operating income 1,823,982 1,087,690 736,292 11,229,137 1,684,579 9,544,558 Non-operating revenues (expenses) Interest income 168,148 67,495 100,653 977,840 629,779 348,061 Other income 810,696 83,905 726,791 1,688,396 611 ,898 1,076,498 Grants from federal and state agencies 236,419 236,419 236,419 236,419 Gain (loss) on disposal of assets and inventory (13,992) 33,485 (47,477) 105,889 91 ,770 14,1 19 Interest expense (475,025) (440,287) (34,738) (5,120,476) (5,101,994) (18,482) Other financing fees . (9,184) (9,184) (223,532) (225,149) 1,617 Bond issuance costs (274,376) (274,376) Amortization Total non-operating revenues (expenses) 717,062 (255,402) 972,464 !2,609,840) (3,993,696) 1,383,856 Net income before contributions 2,541,044 832,288 1,708,756 8,619,297 (2,309,117) 10,928,414 Capital contributions 263,683 142,914 120,769 2,387,532 3,813,805 (1,426,273) Change in net position $ 2,804,727 $ 975,202 $ 1,829,525 $ 11 ,006,829 $ 1,504,688 $ 9,502,141 Net position, beginning of period 141 ,300,514 133,098,412 Net position, end of period $144,105,241 $144,105,241 Florida Keys Aqueduct Authority SCHEDULE OF OPERATING EXPENSES For the eleven months ending August 30, 2019 Month-to-date Year-to-date Increase Increase This :r:ear Last :r:ear (decrease) This :r:ear Last :r:ear (decrease) Salaries $ 1,415,439 $ 1,422,452 $ (7,013) $ 16,864,307 $ 17,153,302 $ (288,995) Salaries (capitalized) Overtime 51,939 48,738 3,201 666,168 677,916 (11,748) Overtime (capitalized) Retirement 159,511 150,306 9,205 1,895,866 1,894,609 1,257 Payroll taxes 115,867 113,066 2,801 1,365,661 1,355,542 10,119 Employee health insurance 333,388 287,972 45,416 3,422,507 3,231,980 190,527 Other benefits 9,235 4,163 5,072 186,582 99,303 87,279 Electricity 304,528 269,739 34,789 2,972,003 2,680,879 291 ,124 Fuel for power production 13,095 6,195 6,900 87,017 135,997 {48,980) Chemicals 171,852 157,273 14,579 1,755,496 1,625,688 129,808 Maintenance and materials 375,068 492,477 (117,409) 4,722,747 4,458,535 264,212 Maintenance and materials - construction (46,176) 243,605 (289,781) 258,315 463,656 (205,341) Emergency materials and suppies 10,100 76,165 (66,065) 307,832 2,729,719 (2,421 ,887) Engineering services 36,404 38,640 (2,236) 250,602 99,332 151,270 Accounting and auditing services 18,545 88,489 (69,944) Legal services 17,999 (1 7,999) 74,271 21 ,626 52,645 Other consulting and support services 352,245 100,1 16 252,129 2,319,260 1,376,098 943,162 Outsourced operations 33,561 141,552 (107,991 ) 608,323 1,027,815 (419,492) Sludge removal 6,637 15,174 {8,537) 168,639 130,759 37,880 Rental of building - real property 725 236 489 7,764 5,783 1,981 Rental expense - equipment 2,171 1,239 932 20,797 25,015 (4 ,218) Transportation expense 37,818 58,977 (21 ,159) 356,318 451,351 (95,033) Insurance-vehicle 5,005 5,585 (580) 51 ,163 61,268 (10,105) Vehicle repairs (net of insurance reimbursements) 14,272 334 13,938 13,074 3,586 9,488 Insurance-general liabilities 7,604 9,363 (1 ,759) 83,649 104,629 (20,980) General liability claims (net of insurance reimbursements) 10,478 1,514 8,964 69,955 33,036 36,919 Insurance-workers' compensation 24,709 23,946 763 198,253 263,409 (65,1 56) Workers compensation (net of insurance reimbursements) 75,416 38,611 36,805 Insurance-other 85,868 85,371 497 907,735 861 ,704 46,031 Other claims and damages 1,678 1,678 (632,565) (226,238) (406,327) Advertising 5,458 4,809 649 50,332 55,206 (4,874) Bad debt expense 5,000 10,000 (5,000) 80,000 77,140 2,860 Office supplies 12,903 3,868 9,035 69,658 69,101 557 Bank charges 52,434 48,627 3,807 642,008 524,61 9 117,389 Cashiers over/short (1) (13) 12 (33) 34 (67) Other utilities and technical services 98,567 71,502 27,065 854,883 695,721 159,162 Postage 1,711 3,302 (1,591) 22,881 27,553 (4,672) Travel 6,674 6,604 70 78,214 71 ,327 6,887 Training 22,856 8,977 13,879 95,797 57,751 38,046 Miscellaneous 7,386 4,960 2,426 184,020 130,568 53,452 Public Information and outreach 8 500 (492) 25,977 29,773 (3,796) Misc. Freight 700 306 394 4,414 3,912 502 Less: administrative overhead (capitalized) (57,881) (13,873) (44,008) (492,236) (177,810) (314,426) Total operating expenses before depreciation 3,688,836 3,921 ,766 (232,930) 40,711 ,615 42,438,294 {1,726,679) Depreciation 1,203,031 1,203,031 13,923,328 13,893,932 29,396 Total operating expenses $ 4,891,867 $ 5,124,797 $ (232,930) $ 54,634,943 $ 56,332,226 $ !1,697,283) Florida Keys Aqueduct Authority BUDGETARY COMPARISON SCHEDULE For the eleven months ending August 30, 2019 Budgeted exeenditures Actual exeenditures % of budget Budget Original Adjusted Month-to-date Year-to-date exeended remaining Capital expenditures: Additions to capital assets $4,165,500 $4,714,800 $ 464,110 $ 3,256,555 69.1% $ 1,458,245 Salaries (capitalized) 1,033,600 1,033,600 91,344 896,744 87% 136,856 Overtime (capitalized) 8,211 23,507 na (23,507) Total Caeital Outlal 5,199,100 5,748,400 563,665 4,176,806 1,571,594 Operating expenses: Personnel services Salaries 19,854,600 19,808,600 1,4 15,439 16,864,307 85% 2,944,293 Overtime 580,800 580,800 51,939 666,168 115% (85,368) Retirement 2,064,300 2,064,300 159,511 1,895,866 92% 168,434 Payroll taxes 1,642,400 1,642,400 115,867 1,365,661 83% 276,739 Employee health insurance 3,600,000 3,600,000 333,388 3,422,507 95% 177,493 Other benefits 244,700 244,700 9,235 186,582 76% 58,118 OPEB na Pension na Total eersonnel services 27,986,800 27,940,800 2,085,379 24,401 ,091 3,539,709 Other operating expenses Electricity 3,164,000 3,164,000 304,528 2,972,003 94% 191,997 Fuel for power production 98,000 98,000 13,095 87,017 89% 10,983 Chemicals 2,188,100 2,044,400 171,852 1,755,496 86% 288,904 Maintenance and materials 4,628,300 5,014,300 375,068 4,722,747 94% 291 ,553 Maintenance and materials - construction (46,176) 258,315 na (258,315) Emergency materials and suppies 10,100 307,832 na (307,832) Engineering services 708,000 668,000 36,404 250,602 38% 417,398 Accounting and auditing services 93,000 93,000 18,545 20% 74,455 Legal services 30,000 30,000 74,271 248% (44,271) Other consulting and support services 1,772,700 2,366,400 352,245 2,319,260 98% 47,140 Outsourced operations 1,467,100 1,487,100 33,561 608,323 41% 878,777 Sludge removal 240,800 240,800 6,637 168,639 70% 72,161 Rental of building • real property 25,500 25,500 725 7,764 30% 17,736 Rental expense - equipment 54,200 54,200 2,171 20,797 38% 33,403 Transportation expense 528,200 528,200 37,818 356,318 68% 171,882 Insurance-vehicle 110,000 110,000 5,005 51 ,163 47% 58,837 Vehicle repairs (net of insurance reimbursements) 14,272 13,074 na (13,074) Insurance-general liabilities 140,000 140,000 7,604 83,649 60% 56,351 General liability claims (net of insurance reimbursements) 10,478 69,955 na (69,955) Insurance-workers' compensation 300,000 300,000 24,709 198,253 66% 101 ,747 Workers compensation (net of insurance reimbursements) 75,416 na (75,416) Insurance-other 1,162,000 1,162,000 85,868 907,735 78% 254,265 Other claims and damages 1,678 (632,565) na 632,565 Advertising 66,700 66,700 5,458 50,332 76% 16,368 Bad debt expense 81 ,000 81,000 5,000 80,000 99% 1,000 Office supplies 147,200 151 ,200 12,903 69,658 46% 81,542 Bank charges 550,000 650,000 52,434 642,008 99% 7,992 Cashiers over/short (1) (33) na 33 Other utilities and technical services 945,000 945,000 98,567 854,883 91 % 90,117 Postage 45,000 45,000 1,711 22,881 51 % 22,119 Travel 164,500 164,500 6,674 78,214 48% 86,286 Training 190,400 183,400 22,856 95,797 52% 87,603 Miscellaneous 162,700 161 ,700 7,386 184,020 114% (22,320) Public Information and outreach 102,000 106,000 8 25,977 25% 80,023 Misc. Frei9ht 10,000 10,000 700 4,414 44% 5,586 Total other oeerating exeenses 19,174,400 20,090,400 1,661,338 16,802,760 3,287,640 Total operating expense budget 47,161 ,200 48,031,200 3,746,717 41,203,851 6,827,349 Total ope rating budget 52,360,300 53,779,600 4,310,382 45,380,657 8,398,943 4,310,382 45,380,657 I 84.4%1 $ 8,398,943 Less: Capital expenditures (563,665) (4, 176,806) Administrative overhead capitalized (57,881) (492,236) Add: Depreciation 1,203,031 13,923,328 Total actual operating expenses $ 4,891,867 $ 54,634,943 Florida Keys Aqueduct Authority Cash Summary August 31, 2019 Cash $ 89,761,091.35 Investments Total cash and investments 89,761,091.35 Externally restricted by statute or covenant Debt service reserves (58,034,100.25) Monroe County funds advanced for wastewater construction (3,503,050.13) Grant match for on-site wastewater project (1,117,710.00) Reserve for self-retained health care claims (1,274,626.53) Cash and investments at board's discretion 25,831,604.44 Board restrictions Contingency fund for unanticipated losses (3,000,000.00) Operating reserve (3 months of minimal operating expenses) (9,000,000.00) Cash and investments after board restrictions 13,831,604.44 Other set asides Customer deposits (2,869,144.00) Cash and investments available for projects $ 10,962,460.44 Florida Keys Aqueduct Authority Capital Improvement Plan and Debt Service Budget to Actual Comparison August 30, 2019 Remaining Budgeted costs Actual costs budget Capital Improvement Plan Distribution replacement 800,000 4,234,047 {3,434,047} Transmission main improvements C-905 Key Largo 4,500,000 7,596,312 {3,096,312) Transmission main replacements-Grassy Key, lslamorada 1,464,000 100,747 1,363,253 Key West adminstrative building 2,066,000 1,255,370 810,630 Navy PS rehabilitation 733,500 43,432 690,068 Cathodic protection water transmission 225,920 579 225,341 Water transmission subaqueous crossings 91,904 8,704 83,200 Big Coppitt WW Treatment Filters 86,495 14,352 72,143 Stock Island distribution pump station 299,559 299,559 Stock Island seawater reverse osmosis plant 135,765 {135,765} demo/replace water storage tanks-C69 Trumbo Point 2,008,322 {2,008,322} Collection system improvement-Key Haven 1,014,674 {1,014,674} Connection of Navy system to Big Coppitt 598,003 (598,003} Onsite wastewater program 419,193 {419,193) Storage tank flow control 1,815 (1,815) Key Haven WWTP decommission design 40,859 (40,859) Hurricane IRMA Fema projects 172,911 {172,911} Capital salaries to be allocated 36,341 {36,341} $ 10,267,378 $ 17,681,425 $ (7,414,048) Debt Service Interest expense $ 4,424,000 $ 5,120,476 {696,476} Principal payments 4,450,000 4,450,000 $ 8,874,000 $ 5,120,476 $ 3,753,524 Florida Keys Aqueduct Authority BUDGET AMENDMENTS AND TRANSFERS For the year ending September 30, 2019 Original Budget Adjusted budget Amendments transfers budget Capital expenditures: Utility plant in service $4,165,500 $ 451 ,600 $ 97,700 $ 4,714,800 Salaries (capitalized) 1,033,600 1,033,600 Overtime (caeitalized) Total operating capital expenditures 5,199,100 451,600 97,700 5,748,400 Operating expenses: Personnel services Salaries 19,854,600 104,000 (150,000) 19,808,600 Overtime 580,800 580,800 Retirement 2,064,300 2,064,300 payroll taxes 1,642,400 1,642,400 Insurance 3,600,000 3,600,000 Other 244,700 244,700 Total personnel services 27,986,800 104,000 (150,000) 27,940,800 Other operating expenses Electricty 3,164,000 3,164,000 Fuel for power production 98,000 98,000 Chemicals 2,188,100 (143,700) 2,044,400 Maintenance and materials 4,628,300 170,000 234,000 5,032,300 Emergency materials and supplies Engineering services 708,000 (44,000) 664,000 Accounting and auditing services 93,000 93,000 Legal services 30,000 30,000 outsourced operations 1,467,100 20,000 1,487,100 Other consulting and support services 1,772,700 593,700 2,366,400 Sludge removal 240,800 240,800 Rent expense-building 25,500 25,500 Rent expense-equipment 54,200 54,200 Transportation expenses 528,200 528,200 Insurance - vehicle 110,000 110,000 Insurance - general liabilities 140,000 140,000 Insurance - workers' compensation 300,000 300,000 Insurance - property and flood 1,162,000 1,162,000 Advertising 66,700 66,700 Bad debt expense 81,000 81,000 Office supplies 147,200 1,000 148,200 Other utilities and technical services 945,000 945,000 Postage 45,000 45,000 Travel 164,500 (6,000) 158,500 Training 190,400 (12,000) 178,400 Miscellaneous other 162,700 (1,000) 161,700 Bank charges 550,000 100,000 650,000 Public information and outreach 102,000 4,000 106,000 Miscellaneous-freight 10,000 10,000 Total other operating expenses 19,174,400 863,700 52,300 20,090,400 Total operating expense budget 47,161,200 967,700 (97,700) 48,031,200 Total operating budget $ 52,360,300 $ 1,419,300 $ - $ 53,779,600 Florida Keys Aqueduct Authority BUDGET AMENDMENTS For the year ending September 30, 2019 Date of Board Amendment# Approval Account Description and justification Amount 1 9/26/2018 1-8010-63400-10 Project# Ch 2-19 Scada Network Segregation 233,700 2 11/28/2018 1-4208-10100-99 Purchase a bridge platform truck 104,600 3 12/19/2018 1-8010-63400-10 Consulting services contract with Unified Strategic 360,000 4 3/27/2019 1-2027-62001-08 Purchase additional MIU's 170,000 5 4/24/2019 1-2027-10100-99 install antenna towers 347,000 6 6/26/2019 1-4203-60101-06 Hire two temporary employees for tape wrap bridge project 104,000 7 7/24/2019 1-6010-67502-10 WIFIA application fee 100,000 Total operating budget amendments $ 1,419,300 1/23/2019 1-9999-10500-99 Proj.# 7067-18 Mathews Consulting 91 ,904 2 2/27/2019 1-9999-10500-99 Proj .# 7065-18AC Southern Cathodic Protection 225,900 3 5/22/2019 1-9999-10500-99 Proj# 4081-19 CPH, Inc. 86,495 4 6/26/2019 1-9999-10500-99 Carollo 299,559 Total capital improvement plan budget amendments $ 703,858 BUDGET TRANSFERS For the year ending September 30, 2019 Account# Account description Oct Nov Dec Jan Feb Mar Anr Mav Jun Jul Aug Seo Total 10100 Utilitv olant in service $ (31,400) $ 134,100 $ (5,000' $ 97,700 60101 Salaries (150,000' (150,000' 60102 Utilitv olant in service - 60103 Overtime - 60104 Overtime (cac italizedl 60401 Retirement - 60402 pavroll taxes - 60403 Insurance - 60404 Other - 61500 Electrictv - 61600 Fuel for power production - 61800 Chemicals (143,700 1143,700 62001 Maintenance and materials 181,400 9,600 5,000 20,000 18,000 234,000 Engineering services 63100 (20,000) (20,000) (4,000) 144,000 63200 Accounting and auditing services - 63300 Leaal services - 63400 Other consultina and suooort services - 63500 outsourced operations 20,000 20,000 63600 Sludge removal - 64100 Rent expense-building - 64200 Rent expense-equipment - 65000 Transoortation expenses - 65601 Insurance - vehicle - 65701 Insurance - general liabilities - 65801 Insurance - workers' compensation - 65901 Insurance - Property and flood - 66000 Advertisina - 67000 Bad debt exPense - 67501 Office SUPPiies 4,000 (3,000 1,000 67502 Bankchames - 67505 Other utilities and technical services - 67506 Postage - Travel 67507 (6,000 (6,000) 67509 Training (2,000 /4,0001 (1,000: (5,000' (12,000) 67510 Miscellaneous other 11,000: 11,000) 67511 Community Relations - 67512 Water conservation and outreach 1,000 2,000 1,000 4,000 67515 Miscellaneous-freight - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY AGENDA ITEM: DOA- O;;2.. CONSENT: 0 REGULAR: [i] MEETING DATE: September 26, 2019 DIVISION: Administration AGENDA TITLE: Consideration to approve the Collective Bargaining Agreement with Communication Workers of America, AFL-CIO effective October 1, 2019 through September 30, 2022. ITEM BACKGROUND: The Authority has been in negotiations with the bargaining unit in an effort to negotiate a three - year agreement covering union employees. Some of the key highlights of the proposed contract are as follows: • On October 1st of each year of the agreement, employees will receive a COLA equal to the CPI-U for Miami/Ft. Lauderdale as of June 30th, with a minimum of 1% and a maximum of 3%. • By October 1st of each year of the agreement, all employees will be evaluated on their performance and will be eligible for a merit increase based on their performance rating. Increases defined in the agreement are .5% (meets expectations), 1% (exceeds expectations) or a 2% (outstanding). Employees who fail to meet expectations will not be eligible for a merit increase. • For the term of the agreement, employees who elect dependent health coverage will be responsible for $380.10 for coverage of one dependent. or $545.21 for family coverage, per month. • Effective October 1, 2019 life insurance coverage for all union employees will change from $20,000 to $50,000. to correspond to our Non Bargaining employees in similar pay ranges. • Additional administrative changes were also made to the current agreement. PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: On September 28, 2016 the Board approved a three (3) year Collective Bargaining Agreement with the Communication Workers of America, AFL-CIO from October 1, 2016 through September 30, 2019. STAFF RECOMMENDATION (MOTION): Approve the Collective Bargaining Agreement with the Communication Workers of America, AFL-CIO effective October 1, 2019 through September 30, 2022. SUPPLEMENTAL INFORMATION: Attached. DOCUMENTATION: Included: • To-Follow: • Not Required: • Cost to FKAA: $ BUDGETED: Yes G:J No LJ Cost to Others: $ Total Cost: $ DEPARTMENT: DIVISION DEPUTY EXECUTIVE DIRE~ ROVAL: Reviewed by: Internal Auditor: General Counsel: xecutive Director:~ BOARD ACTION: Approved: Tabled Disapproved: Recommendation Revised: Comments:------Date:______Recording Clerk:______FLORIDA KEYS AQUEDUCT AUTHORITY AND COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO COLLECTIVE BARGAINING AGREEMENT Effective Dates: October 1, 2019 - September 30, 2022 Updated: 09/1 1/ 19 Table of Contents AGREEMENT ...... 1 ARTICLE I···················································································································································· 1 LOYAL TY AND EFFICIENCY ...... 1 ARTICLE II ...... l RECOGNITION ...... 1 ARTICLE III ...... 2 STATUS OF EMPLOYEES ...... · ...... 2 Section I. Probationary Employees...... 2 Section 2. Temporary E1nployees...... 2 Section 3. Regular Employees...... 2 ARTICLE IV ...... 2 MANAGEMENT RIGHTS ...... 2 Section 1...... 2 Section 2 ...... 3 Section 3 ...... 3 ARTICLE V ...... 4 HOURS OF WORK AND OVERTIME ...... 4 Section I. Purpose...... 4 Section 2. Workday; Workweek...... 4 Section 3. Premium Pay ...... 4 Section 4. Overtime Distribution ...... 4 Section 5. Call-Outs ...... 5 Section 6. Work Breaks...... 5 Section 7. Lunch Periods ...... 5 Section 8. Standby ...... 5 Section 9. Selection of Employees for Standby ...... 6 Section I 0. Shift Differential ...... ,...... 7 Section 11. Working on Higher Rate Classification Temporarily ...... 7 ARTICLE VI ...... 7 SENIORITY ...... 7 Section I. Definition...... 7 Section 2. Job Posting...... 7 Section 3. Filling Job Vacancies ...... 7 Section 4. Trial Status Upon Promotion...... 8 Section 5. Layoff and Recall ...... 8 Section 6. Loss of Seniority ...... 10 Section 7. Seniority During Approved Leave of Absence...... 10 Section 8. Required Licensing & Training Courses...... I 0 ARTICLE VII ...... I 0 HOLIDAYS ...... I 0 Section 1. Holidays Observed ...... I 0 Section 2. Weekend Holidays ...... 11 Section 3. Holiday Pay and Eligibility...... 11 Section 4. Holiday Work...... 11 Section 5. Optional Holidays...... 11 ARTICLE VIII ...... 11 LEAVE ...... 11 Section 1. Paid Vacations ...... 11 Section 2. Computation of Earned Vacation Hours ...... 12 Updated: 09/11/19 Section 3. Vacation Pay ...... 12 Section 4. Scheduling of Vacations ...... 12 Section 5. Maximum Accrual ...... 12 Section 6. Payment for Unused Vacation ...... 12 Section 7. Sick Leave ...... 12 Section 8. Utilization of Sick Leave ...... 13 Section 9. Use of Paid Leave for FMLA Leave ...... 13 Section 10. Leave for Compensable Injury ...... 13 Section I I. Jury Duty and Court Appearance Leave ...... 14 Section 12. Mi litary Leave ...... 14 Section 13. Bereavement Leave ...... 14 Section 14. Leave of Absence Without Pay ...... 14 Section 15. Notification ...... 15 Section 16. Compensation for Accrued Sick Leave Upon Retirement...... 15 Section 17. Wellness Progratn ...... 15 Section 18. Sick Leave Bank ...... 15 Section 19. Emergency Release from Work ...... 17 Section 20. Applicable Laws ...... 17 ARTICLE IX ...... 17 GRlEV ANCE PROCEDURE ...... 17 Section 1. Definition and Procedure ...... 17 Section 2. Time Limits ...... 18 Section 3. Authority of Arbitrator...... 19 Section 4. Expedited Arbitration ...... 19 Section 5. Accelerated Grievance Procedures ...... 21 ARTICLE X ...... 21 STRlKES AND LOCKOUTS ...... 21 Section 1. No Strikes ...... 21 Section 2. No Lockouts ...... 21 Section 3. Picket Line Clause...... 21 Section 4. Unfair Labor Practice ...... 21 ARTICLE XI ...... 21 MJSCELLANEOUS ...... 21 Section I. Non-Discrimination ...... 21 Section 2. Travel Expense ...... 22 Section 3. Effect of Laws ...... 22 Section 4. Uniforms and Identification ...... 22 Section 5. Discipline and Discharge ...... 22 Section 6. Disciplinary Action ...... 22 Section 7. Tuition Refund Program ...... 23 ARTICLE XI I ...... 24 CHECKOFF OF DUES ...... 24 Section 1. Authorization ...... 24 Section 2. Remission of Dues to Union ...... 25 Section 3. Indemnification ...... 25 ARTICLE XIII ...... 25 UNION REPRESENTATION ...... 25 Section 1. Visitation ...... 25 Section 2. Non-Interference with Production or Services ...... 25 Section 3. Union Leave of Absence ...... 26 Section 4. Union Postings ...... 26 Section 5. Request for Information ...... 26 Updated: 09/11/19 Section 6. Union Representation ...... :'26 Section 7. Collective Bargaining ...... 26 ARTICLE XIV ...... 26 INSURANCE...... 26 Section I. Group Health Insurance...... 27 Section 2. Dental Insurance ...... 27 Section 3. Vision Insurance ...... 27 Section 4. Life Insurance ...... 27 ARTICLE XV ...... 27 WAGES ...... 27 Section I. Definition ...... 27 Section 2. Pay Upon Promotion ...... 28 Section 3. Pay Upon Lateral Transfer...... 28 Section 4. Pay Upon a Demotion ...... 28 Section 5. Pay for New Hire Employees ...... 28 Section 6. Future General Wage Adjustments and Merit Increases...... 28 Section 7. No General Wage Adjustment Increases After Contract Termination ...... 29 Section 8. Longevity Pay ...... 29 ARTICLE XVI ...... 29 PAYROLL DEDUCTION - C.O.P.E ...... 29 ARTICLE XVII ...... 29 PERFORMANCE EVALUATIONS ...... 29 Section I. Annual Performance Evaluations ...... 30 Section 2. "Fails to Meet Expectations" Evaluation and Reassessment Evaluation ...... 30 Section 3. Evaluation Subj ect to Grievance Proceedings...... 30 ARTICLE XVIII ...... 30 W AIYER AND ENTIRE AGREEMENT ...... 30 ARTICLE XIX ...... 32 DURATION ...... 32 APPENDIX A ...... 33 JOB CLASSIFICATIONS WITHIN THE BARGAINING UNIT ...... 33 Updated: 09/1 1/ 19 AGREEMENT This Agreement is made and entered into as of this 1st day of October of, 2019, by and between the FLORIDA KEYS AQUEDUCT AUTHORITY (hereinafter referred to as the Authority), and the COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, and its LOCAL UNION (hereinafter referred to collectively as the Union) on behalf of the employees employed by the Authority in the unit described in Article II below. WITNESSETH: WHEREAS, the Union was certified by the Florida Public Employees Relations Commission on November 24, 1975 (Case No. 8H-RC-753-0206) as the representative for the purpose of collective bargaining for certain employees in an appropriate unit; and WHEREAS, the Authority is an independent special district created by the State of Florida and furnishing an essential public service which vitally affects the health, safety, comfort, and general welfare of a large number of people who are furnished water services by the Authority; and WHEREAS, the purpose of this Agreement is to continue to promote and improve industrial and economic relations between the employees and the Authority to the end that the Authority, the employees and the general public may mutually benefit to set forth the terms and conditions of employment, to prevent interruptions of work and interference with the efficient operations of the Authority's business, and to secure peaceful, fair and prompt adjustment of grievances that may arise from time to time. NOW, THEREFORE, it is agreed as follows: ARTICLE 1 LOY ALTY AND EFFICIENCY The Union and the employees represented by the Union agree that they will continue to perform loyal and efficient service and work; that they will use their influence and best endeavors to promote the Authority's product and service, and to protect the property of the Authority and its interest; that they will cooperate with the Authority in promoting and advancing the welfare and prosperity of the Authority at all times. This provision shall not be interpreted to prohibit or infringe upon any employees right to free speech. ARTICLE II RECOGNITION The Authority recognizes the Union as the sole and exclusive bargaining agent for all regular employees who are employed by the Authority, except for the following exclusions: Supervisors, Department Heads, Executives, confidential employees, professional employees, managerial employees and temporary and casual employees. ARTICLE lil STATUS OF EMPLOYEES Section I. Probationary Employees. A new employee shall be considered a probationary employee for six (6) months after which their seniority shall date back to the date of hire. The employee while on probation will accumulate vacation and sick leave benefits during the six (6) month period. During such probationary period, a probationary employee may have their probationary period extended beyond the initial six month probationary period, not to exceed an additional six months, as determined by management, and shall not have seniority and may be laid off, disciplined or otherwise terminated by the Authority, and such action shall not be subject to the grievance procedure of this agreement, nor the Arbitration or Career Service Council provisions of this agreement. This shall not preclude a probationary employee from grieving other contractual matters. Probationary Employees will be eligible for health insurance coverage on the first day of the month following their hire date, unless their hire date is the first day of the month, in which case coverage is effective immediately. Section 2. Temporary Employees. It is understood that the Authority occasionall y has need for temporary employees. Temporary employees shall not be covered by this Agreement. Temporary employees are those individuals who (a) are hired for a project of set duration or (b) employees hired for other purposes for a period of time not to exceed six (6) months. It is recognized that employees hired under Section (a) may be employed longer than six (6) months on a temporary basis. Copies of notices of temporary hires shall be given to the Union. Absent an emergency, temporary employees will not be permitted beyond eighteen (18) months. Section 3. Regular Employees. An employee who has been legally appointed to an established position shall attain regular status upon completion of six (6) months of satisfactory service. (Regular= Full Time, forty-hour position with benefits.) ARTICLE IV MANAGEMENT RIGHTS Section I. The Employer reserves all rights, powers, and authority customarily exercised by management, except as otherwise specifically deleted or modified by express provisions of this Agreement. 2 Section 2. Except as otherwise specifically provided in this Agreement, nothing in this Agreement shall be construed to limit or impair the right of the Authority to exercise its own discretion on all of the following matters, whatever may be the effect upon employees, when in its sole discretion it may determine it advisable to do any or all of the following: (a) To manage its business generally; (b) To hire, layoff, assign, and promote employees; (c) To determine the qualifications of employees; (d) To determine and re-determine job content; (e) To determine the workweek, the schedule of work and assign work; (f) To determine number and time of shifts; (g) To establish new jobs, abolish or change existing jobs; (h) To increase or decrease the number ofjobs; (i) To regulate or change services, materials, processes, products or equipment; U) To determine when training or schooling is necessary or justified and which employee(s) shall attend; (k) To assign overtime work; (I) To subcontract any of its operations; (m)To decrease or increase the number of working hours per day or per week; (n) To temporarily assign any employee to any department, or to any classification within a department. Section 3. Prior to the time when the Union became the representative of the employees covered by this Agreement, the Employer had the right to run its business and deal with its employees with complete freedom, except as its rights were bound and limited by the general law. By this Agreement, the Employer and the Union have agreed to certain limitations on those rights. However, it is the intention of the parties hereto that the Employer retain, and the Employer does retain, each and every right and privilege that it ever had enjoyed, except insofar as it has, by the express and specific terms of this Agreement, agreed to limitations. The Florida Keys Aqueduct Authority agrees that, if it makes a decision as to which, under the law existing at the time the decision is made, there is a duty to bargain over the impact of the decision, the Florida Keys Aqueduct Authority will, upon timely request, negotiate the impact of the decision upon employees with the Union for a period not to exceed ten (10) calendar days. The ten ( I 0) day period will begin to run on the date of notification of the decision if notification is given, or from the date the Union or its agents know or by reasonable diligence should have known of the proposed action. If no agreement is reached within ten ( I 0) calendar days, the Union agrees that the Florida Keys Aqueduct Authority may take action to implement the decision. The Union reserves the right to arbitrate any action taken, but only if such action allegedly violates another specific provision of this Agreement or a consistently maintained past practice of the Authority. 3 ARTICLE V HOURS OF WORK AND OVERTIME Section 1. Purpose. This Article is intended only to provide a basis for calculating overtime and shall not be considered as a guarantee of work or hours. There shal I be no pyramiding of overtime or other premium payments. Section 2. Workday; Workweek. The normal workweek shall consist of a forty ( 40) hour week which shall generally be comprised of five (5) eight (8) hour shifts or four (4) ten (10) hour shifts at management's discretion unless unusual operational concerns arise which shall take precedence. Also, by agreement of the employee and supervisor, the employee can choose to work a flex schedule that totals forty (40) hours in a week, as long as operational requirements allow. In holiday weeks employees assigned to four (4) ten (10) hour schedules will work a five (5) day eight (8) hour schedule. In the absence of an emergency, or unforeseen operational needs, employees affected by the change from five (5) eight (8) hour workweeks to four (4) ten (10) hour workweeks or vice versa will be notified the Monday prior to making any changes. Any employee requested by management to work outside the scope of their normally scheduled shift may complete their normal shift and receive overtime as long as, in the judgment of the supervisor, there are no safety concerns by permitting the employee to continue working their normal shift. Section 3. Premium Pay. Time-and-one-half the employee's regular straight time rate shall be paid for hours worked in excess of forty (40) per week. Compensated leave time, actually authorized, such as holiday hours (even if the holiday falls on their normal day oft), sick and annual leave scheduled in advance as required by Article VIII, Section 5, and other paid leave under Article IX, Sections 4 through 6 and under Article XIV, Section 7 will be counted as time worked for overtime purposes. However, for purposes of entitlement to pay for working on a holiday, a bargaining unit employee shall only be entitled to premium pay for working on a holiday, if they actually work on the scheduled workday or shift immediately prior to and following a holiday. Section 4. Overtime Distribution. Prescheduled overtime opportunities shall be distributed as equally as practical among those employees who normally perform the work. It is understood that the nature of the service provided by the Authority will require that employees work overtime and that such overtime will be mandatory when, in the Authority's judgment, safe and efficient operations so require. Except as herein provided, employees who work sixteen (16) straight hours, whether it includes normal eight (8) hours of work plus eight (8) hours of overtime, or twelve ( 12) hours of overtime, not including standby personnel, will be granted eight (8) hours off rest period to start when the employee calls off the clock to ensure safe and efficient working conditions. In the event the eight 4 (8) hours rest period falls within the employee's regularly scheduled work period, the employee will be given an eight (8) hour rest period directly following the overtime. This rest period will be handled as light duty. This section does not apply in emergency situations such as hurricanes or to members of the transmission crew who are assigned regularly or temporarily to the transmission crew. Section 5. Call-Outs. Employees other than employees on standby, who are called out to work shall receive a minimum of two (2) hours pay at the overtime rate. An employee will perform as many jobs as are available or become available during the first call out and will be paid the greater of a minimum oftwo (2) hours pay at the overtime rate for all such work performed or pay for actual time worked. Subsequent call outs will be compensated for actual time worked at the overtime rate. Only bargaining unit employees will be called out to assist employees on standby unless the available bargaining unit employees do not possess the qualifications and skills necessary to assist on the job. Section 6. Work Breaks. Employees shall be allowed one (1) work break during the first half of their work shift and one (1) work break during the second half of their work shift. Supervision will have the right to schedule the work breaks and demands of the business may dictate the times when breaks are to be taken. No work break shall exceed fifteen (15) minutes absence from the employee's work station or work duties. Work breaks cannot be combined into one 30-minute break, and no break will be allowed within two hours of the very beginning or very end of any shift. Section 7. Lunch Periods. Except for employees assigned to shifts in continuous twenty-four-hour operations, employees will receive either a thirty (30) minute or sixty (60) minute non-paid lunch break. Subject to operational requirements, the lunch period shall be for one (I) hour or one-half (1 /2) hour commencing in the approximate middle of the workday. Time spent driving to and from any location where the lunch break is taken shall be considered as part of the lunch break. Upon approval of the supervisor, in order to meet unusual circumstances, an employee shall be permitted to split the lunch period or take part of the lunch period at a time outside of the normal lunch period. If work requirements (such as a leak) exist and the supervisor does not allow employees to take a lunch break prior to 3:00 p.m., employees may advise the supervisor of a request to skip lunch and leave early. Such requests will not be denied except in emergency conditions, or when the employees are going to be required to work overtime. The total time for the lunch period shall not exceed the half ( l /2) hour or one (1) hour break as appropriate. Section 8. Standby. Standby pay will be paid at the rate of two (2) hours straight time per day for standby from 5:00 p.m. or normal quitting time until 8:00 a.m. or normal starting time the next morning for all regular days of the week. Three (3) hours straight time will be paid per day for standby worked on Saturday, Sunday and Holidays. Employees on standby who are called out will be paid for the actual time spent on the call out at time-and-one-half the regular straight time rate. Persons 5 assigned standby will begin their standby time at the end of their workday. Paid time on call outs will begin at the time the employee leaves his home and subsequently completes his work and returns or has time to return to his home. Because of the nature of the Aqueduct's operations, standby duty is mandatory. While on standby duty, the employee shall be required to: (a) Carry an active cellular telephone at all times, and shall provide that current cellular number to their respective supervisor prior to being placed on standby duty; and (b) Refrain from consuming any drugs or alcohol that may otherwise prevent them from being fit for duty; and (c) Remain within a maximum of one (I) hour of travel time from their reporting location. Employees responding to a call while on standby duty will not report directly to thejobsite in a personal vehicle. If a take-home Aqueduct vehicle is not issued to the employee, then the employee responding to a call while on standby duty will first report to their normal reporting location, then obtain an Aqueduct vehicle by which to immediately report to the jobsite; otherwise the employee will immediately report directly to the jobsite with their take-home Aqueduct vehicle. When responding to a call while on standby duty, the employee will be in uniform and have the appropriate personal protective equipment (PPE) with them at all times. Section 9. Selection of Employees for Standby. Management will identify classifications and eligible employees for standby duty and manage it according to the following: I. A standby wheel shall be developed for each functional unit and each classification necessary for standby duty. The most current standby wheel will remain posted in a clearly visible, public location in each functional area. 2. Each standby wheel shall include the names of all qualified employees, as determined by management, eligible for standby duty. 3. The initial order of each standby wheel shall be by reverse seniority, i.e. the least senior qualified employee eligible shall be listed first, up to the most senior qualified employee eligible being listed last. 4. New eligible and qualified employees shall not be placed on the standby wheel until their probationary period has been successfully completed. At that time their name shall appear in the last slot on the existing standby wheel so that one full rotation of the standby wheel will occur prior to the new employee being designated for standby duty. 5. Assigned standby duty shall be for a duration of seven (7) calendar days, after which the standby wheel shall "turn", and the next listed employee will be assigned standby duty. 6. Eligible and qualified employees on the standby wheel will be allowed to trade standby duty assignments and will be responsible for notifying their respective supervisor at least seven (7) days prior to making any substitutions so that the standby wheel can be updated and published accordingly. All substitutions must be agreed to by all affected parties in writing and submitted to the supervisor when making the substitution request. If no substitution can be made, the employee identified on the standby wheel for the current standby duty assignment will be required to accept the assigned standby duty. 7. Failure to respond while on assigned standby duty will result in disciplinary action and the employee being removed from the standby wheel for a minimum of six (6) months. If an 6 employee is removed from the standby wheel due to disciplinary action and if they are allowed by management to return, their revised placement on the standby wheel will be the same as if they were a new employee. Management reserves the right to assign mandatory standby duty to any qualified employee, if necessary. Section I 0. Shift Differential. Employees assigned to the second (afternoon) shift will receive 5% shift differential pay. Employees assigned to the third (night) shift will receive I 0% shift differential. Section 11. Working on Higher Rate Classification Temporarily. ln accordance with Article VI, Section 2, Job Posting, an employee temporarily assigned to a classification in a higher Salary Range shall receive a I 0% differential (10% above that employee's base hourly rate) for the period they are temporarily assigned. Such temporary work in the higher-rated job shall not be longer than ninety (90) consecutive days. The I 0% differential will be paid for all consecutive hours assigned to the higher rated classification for forty (40) or more hours, retroactive to the first hour. Holidays occurring after the start of the temporary assignment and prior to the end of the temporary assignment will be counted toward the consecutive hours worked. Vacation pay will be at the employee' s regular rate of pay if any vacation is taken during the period of the temporary assignment. ARTICLE VI SENIORlTY Section I. Definition. Seniority is an employee' s length of continuous service with the Authority, dating from his last date of hire into the bargaining unit. Section 2. Job Posting. The Authority shall post regular vacancies and new jobs covered by this Agreement on the Career Center. Job vacancies shall be posted for a minimum of five (5) working days. (A.) All employees who bid and who meet all minimum qualifications of the job description shall be granted a job interview. (B.) Management will advise all applicants of its hiring decision within a reasonable amount of time given the needs of the business. (C.) Employees who are interviewed and are unsuccessful candidates shall be given an electronic explanation of the reason for being denied the opening. Section 3. Filling Job Vacancies: Regular vacancies and new jobs covered by this Agreement shall be filled as hereinafter provided. Management shall review the applications of those who submit bids under Section 2, 7 Job Postings, and select the individual who is most qualified at the time of the award to fill the vacancy. For the purpose of this Agreement "Qualified" shall mean having the necessary licenses, training and experience to perform the essential aspects of the job competently and efficiently. Jf two (2) or more employees are equally qualified at the time of the award, the vacancy shall be awarded to the most senior of the equally qualified bidders. An employee, whose job classification and job description provides for promotion upon the receipt of a license from the Florida Department of Environmental Protection, shall be promoted within their job classification upon receipt of an initial or advanced license or certificate. An employee that accepts an entry level position, whose job classification and job description provide that a Iicense and/or certificate is required, shall obtain the required license and/or certification within the specified time frame stated within the job description. Failure to obtain the required license or certificate shall be cause for termination. If no employee who bids on a vacant position is qualified at the time of the award, the Authority may select an individual to fill the vacancy from any available source. Where (1.) two (2) or more employees have bid for a vacancy, and a less senior bidder was considered by management to be the more qua! ified for the vacancy at the time the job was awarded than another more senior bidder or (2.) management determined that none of the bidders was qualified at the time the job was awarded and someone else was placed in or hired for the vacancy, and a more senior bidder or the Union seeks to arbitrate the selection issue, the burden of proof shall be on the grievant and/or the union to demonstrate by clear, convincing and satisfactory evidence that the senior grievant was as qualified for the vacancy at the time of the award as the person selected by the employer. Absent such clear, convincing and satisfactory evidence, the employer's selection will not be disturbed by an arbitrator. Section 4. Trial Status Upon Promotion. All promoted employees shall be on trial status for the first six (6) months following the promotion. The purpose of trial status is to determine that the person is qualified to perform the job. If it is determined that the person is not able to satisfactorily perform the job, they may be removed from the job during the trial period and returned to the employee's prior classification if that job is still available. If the job is not available, the employee will be offered any job that is available in a Salary Range equal to or lower than the classification they are vacating if qualified for the job. If no position is available for which the person is qualified, the employee may be terminated, subject to Article IX. Section 5. Layoff and Recall. A. REDUCTION IN PERSONNEL WITHIN A JOB CLASSIFICATION In the event the FKAA decides to reduce the number of employees in a job classification, the following procedure shall apply: I. All employees in the affected classification shall be given no less than sixty (60) day notice that the number of employees in their job classification will be reduced; 8 2. All employees affected by the reduction will first be offered, in order of seniority, a "priority transfer" at the time a reduction in staff is implement by management. A priority transfer shall mean that the affected employee will be considered to transfer to any position within the FKAA covered by the collective bargaining agreement that is vacant at the time the affected employee's position is abolished, provided that the affected employee is qualified for the position as determined by management. The affected employee will be transferred to the vacant position at the same base pay they were making at the time the affected employee's position is abolished, or the minimum base pay of the vacant position, whichever is greater. The affected employee's base pay shall not be reduced for a period of twenty-four months in the new classification, after which the affected employee' s base pay will be reviewed and adjusted based on the duties and responsibilities of the new position. 3. Any affected employee who does not accept a priority transfer shall be given the option of resigning and receiving a severance package consisting of one (I) week' s pay for every one (I) year of service to the FKAA; 4. In the event the affected employee chooses not to take the severance package set forth in paragraph 3, the layoff procedures below shall be implemented. 8. LAYOFF AND RECALL In the event of a reduction in work force, probationary employees and temporary employees in the classification and department affected will be laid off first. If further reductions are necessary, employees with seniority shall be laid off from the classification and department affected. The order of layoff shall be based on seniority with the least senior employee in the classification and department laid off first. Any employee to be laid off will have the right at the time of layoff to bump any less senior employee in any department, in any equal or lower classification than the employee to be laid off (1.) previously held as an employee of the Authority and is still qualified to perform, or (2.) the employee to be laid off is qualified to perform a job held by a less senior employee based on training and experience received in a substantially similar job elsewhere. An employee will be considered on layoff if no longer on the active payroll of the Authority as a result of a reduction in force. As vacancies become available, employees on layoff will be recalled by seniority to the classification and in the department occupied at the time of layoff, provided that the employee has all currently required licenses for the position or any entry level job for which the laid off employee is qualified. Individuals on probationary or temporary status have no recall rights under this Article. Recall shall be by certified mail and e-mail to the most recent mailing and e-mail address contained in the employee's electronic HR file. Recall rights expire after two (2) years on layoff. Individuals on layoff status will have to keep the Authority advised of changes in their mailing and e-mail address. The Authority may send certified letters during the two (2) year recall period asking if the employee still wishes to stay on the recall li st. If the employee does not respond within thirty (30) days, the employee will be removed from the recall list. It is recognized by the parties that, because of the geographic distribution of departments, and classifications within a department, there may be occasions where, by an employee's choice, 9 they take a layoff as opposed to a transfer to a separate geographical location. In such an event, the Employer will attempt to determine the employee's desires prior to the actual layoff process. Section 6. Loss of Seniority. Employees shall lose their seniority with the Authority as a result of any of the following: (a) quit; (b) discharged for cause; (c) failure to report to the Authority's Manager of Human Resource the employee's intention ofreturning to work within five (5) days ofreceipt ofrecall notice provided that if the recall notice is returned to the employer unclaimed or undeliverable, there shall be no further right to recall; (d) failure to return to work on the date specified in a recall notice, unless otherwise excused; (e) is absent from work for three (3) consecutive workdays without notice to the Authority, (as specified in Article VIII, Leave, Section I 5. Notification: shall be considered a voluntary resignation provided the employee was not medically incapacitated at the time. (t) failure to return to work at the termination of a leave of absence; (g) accepts gainful employment while on leave of absence without prior written permission of the Authority. Section 7. Seniority During Approved Leave of Absence. An employee's seniority shall be retained during an approved leave of absence but shall accumulate further only during leave with pay. Section 8. Required Licensing & Training Courses. All employees who are required to do so must take and pass mandatory training courses provided by the Authority. Failure to take and pass mandatory licensures and certifications, per the employee' s job description, will be just cause for disciplinary action, up to and including termination. Current employees who are not in compliance with this requirement will have eighteen (18) months from October 1, 2019 to obtain the mandatory licenses and ce1tifications. ARTICLE VII HOLIDAYS Section I. Holidays Observed. The following days, and any other holidays approved by the Board of Directors, shall be considered holidays and paid for such at the employee's regular straight time hourly rate: New Year's Day Martin Luther King' s Birthday Presidents Day Memorial Day Independence Day IO Labor Day Columbus Day Veterans Day Thanksgiving Day Friday after Thanksgiving Christmas Day Optional Holiday Floating Holiday - to be assigned by the Executive Director. Section 2. Weekend Holidays. Holidays will be observed on the day of their occurrence, or as establi shed by the State of Florida or the Federal Government. Section 3. Holiday Pay and Eligibility. Full-time employees shall be paid eight (8) hours pay at their regular straight time rate for holidays not worked. Section 4. Holiday Work. In the event an employee is required to work on any of the recognized holidays, they wi ll be paid time-and-one-half their regular straight time rate for all hours worked on the holiday, plus their holiday pay. Section 5. Optional Holidays. Optional holidays may be taken anytime during the fiscal year, with prior supervisory approval. Any employee who has not taken their optional holiday by September 30th will lose it. ARTICLE VIII LEAVE Section 1. Paid Vacations. Employees on the payroll continuously, filling authorized regular positions shall receive paid vacations based upon their continuous service as follows: Continuous Service Earned Time I month through 5 years 8 hours per month; 12 workdays per year 61 months through 10 years 12 hours per month; 18 workdays per year 12 1 months and over 16 hours per month; 24 workdays per year II Section 2. Computation of Earned Vacation Hours. All regular employees shall accrue 50% of their monthly leave accrual on each of the first two pay periods of each month. Should the employee work less than the full eighty (80) hours for the pay period, their accrual will be adjusted based on the percentage of time worked. Leave without pay and paid time off while on donated leave from the Sick Leave Bank, will not be counted as hours worked for accrual purposes. Section 3. Vacation Pay. Vacation pay shall be calculated at the employee's regular straight time rate. Section 4. Scheduling of Vacations. Vacations may be taken at any time of the year. Employees must submit vacation requests electronically to the immediate supervisor within a reasonable amount of time. Management has the right to deny any vacation request based on operational needs. If there is a conflict of two or more requests and the scheduled leave request is more than 90 days away, seniority shall be controlling. Any leave requests that are less than 90 days away shall be approved by order of submission. Section 5. Maximum Accrual. Employees will not be permitted to accrue vacation in excess of three hundred (300) hours as of September 30 of each year. If an employee has a scheduled vacation canceled due to operational needs, the employee will be paid for those cancelled hours which cause the employee to exceed the three hundred (300) hour maximum as of September 30; provided that the employee must attempt to reschedule cancelled hours, if possible. Employees will be responsible for monitoring their leave balance throughout the year via the Employee Self Service program. Management has the option to limit absence for vacation purposes to eighty (80) continuous hours at any time. Section 6. Payment for Unused Vacation. The only condition under which an employee may receive pay in lieu of vacation or pay for unused vacation is upon final separation or as specifically provided in Section 5. Section 7. Sick Leave. Sick leave is earned at a maximum rate of eight (8) hours per month. All regular employees shall accrue 50% of their monthly leave accrual on each of the first two pay periods of each month. Should the employee work less than the full eighty (80) hours for the pay period, their accrual will be adjusted based on the percentage of time worked. Leave without pay and paid time off while on donated leave from the Sick Leave Bank, will not be counted as hours worked for accrual purposes. 12 There shall be no limit on the number of sick hours which may be accrued. Section 8. Utilization of Sick Leave. Paid sick leave shall not be taken prior to the time of its accrual. Sick leave may be utilized for the employee's sickness, the employee' s spouse (or declared domestic partner), parent, or child's sickness, necessary doctor's appointments, injury, or disability (including pregnancy for period of disability certified by a physician), or for quarantine by the health authorities or a physician, or as required under the Family Medical Leave Act. Employees, who submit a leave request in advance for prescheduled medical appointments, should receive the approved leave slip in a reasonable amount of time. Paid sick leave may be utilized according to the following schedule: (a) An employee will be paid for the first four (4) days of sick leave without a doctor' s certificate. Subject to the remaining requirements of this Section, and of Section 8, payment for sick leave of five (5) days or more will be made only upon presentation of a doctor's certificate. The doctor's certificate where required by this Section, will be in the form of Appendix B or in the alternative must contain all information contained in Appendix B and must be signed by the doctor. Employees who have a consistent pattern of absences; or with excessive absenteeism may be sent to a physician selected by the employee from two (2) chosen by the Authority, in which event the Authority will pay the expense therefore. If an employee is sent to a physician of the Authority's choosing, the employee agrees that they will release medical records relating to the reasons for absence from the physician chosen and will permit the physician to answer any inquiries from the Authority relating to the reasons for the absences. Nothing contained in this section shall otherwise prevent the Authority from taking appropriate disciplinary action. Any bargaining unit member may use sick leave to take care of a child, spouse (or declared domestic partner), or parent who is sick or injured, provided (I.) the child is under eighteen (18) years of age or legally disabled; (2.) the child, spouse (or declared domestic partner), or parent is totally unable to care for himself/herself and if the employee was not available, a third party would be required to be present to provide care. Children living with a parent on a split-custody basis are considered regularly residing in the employee' s home during the custody period. Sick leave under this paragraph can be taken in one (I) hour increments. Section 9. Use of Paid Leave for FMLA Leave An employee will use any available paid leave while on approved FMLA, per the FMLA guidelines. Section I 0. Leave for Compensable Injury. If an employee sustains a job-related injury entitling them to Worker's Compensation in accordance with the laws of the State of Florida, the employee shall not receive sick pay for the same day or days for which Worker's Compensation is received. During the first week of such job-related injury, the employee shall be paid out of their sick leave accrual. Beginning the eighth day, the Authority shall allow the employee to use their vacation or sick leave so that their leave 13 and Worker's Compensation benefits equal the employee's straight time salary through the remainder of their absences due to the injury until vacation and sick leave is exhausted by the supplemental payments. If the employee is absent twenty-one (21) days or more and as a result receives pay from the State for the first seven (7) days of injury, they shall reimburse the Authority for the first seven (7) days of absence prior to returning to work and their sick leave accrual shall be credited accordingly. Employees on a leave of absence under this section will for a period of up to six (6) months be returned to their former job if physically capable of performing that job. lfthe employee cannot return to their regular job within six (6) months, the employee's rights shall be as set forth under applicable state law and enforcement of those rights will be pursuant to procedures under state law. Section 11. Jury Duty and Court Appearance Leave. Regular employees required to be absent from work due to jury duty or necessity to appear in court pursuant to a subpoena, for other than personal reasons, shall receive their regular straight time rate for hours they would normally work. Employees who attend court for only a part of a regularly scheduled workday will report to their supervisor when excused or released by the Court. The supervisor will advise the employee if they are to return to work for the remainder of the day. Section 12. Military Leave. Employees shall receive leave of absence without pay for service in the Armed Forces of the United States in accordance with applicable Federal Law. Regular employees will receive a leave of absence for short term military temporary duty with a reserve unit of the United States Army, Navy, Marine Corps, Coast Guard or National Guard for a period not to exceed seventeen (17) continuous days and shall receive pay for the difference between what the employee receives from the military authority and what they would otherwise have earned while at work. Section 13. Bereavement Leave. Regular employees shall receive leave with pay for five (5) days to grieve the death of the employee's spouse (or declared domestic partner), parent, or guardian who raised them in lieu of a parent, grandparent, child, brother, sister, grandchild, or spouse's (or declared domestic partner's) immediate family. A Declaration of Domestic Partnership form must be completed and on file in the employee's personnel file. Section 14. Leave of Absence Without Pay. Upon written request stating the reason, a leave of absence without pay for personal reasons may be granted by the Authority for good cause to regular employees. Employees on a leave of absence under this Article may, at their option, elect to continue their group insurance coverage at the group insurance rate for themselves and their dependents by paying the appropriate group insurance premium for employee coverage or employee and dependent coverage to the Finance Office, on a monthly basis, as long as the employee remains on approved leave. Such payments for each month must be received no later than the 25th day of the 14 preceding month. This does not pertain to leave granted under the FMLA. For information regarding payment of health insurance coverage refer to the FMLA Policy. Section 15. Notification. An employee on sick leave should notify their immediate supervisor no later than two (2) hours prior to the start of the assigned start time, unless it is not possible to do so in which case, they must notify their supervisor as soon as possible. Notification must be given daily unless pre approved in writing by management. Section 16. Compensation for Accrued Sick Leave Upon Retirement. (a) Employees hired on or after October I, 2006 will not be eligible for compensation of accrued, unused sick leave upon retirement. (b) Employees hired prior to October I, 2006, upon retirement from the Authority, shall be compensated for accrued, unused sick leave in accordance with the following formula: All sick leave accrued that is in the employee's sick leave account on the date of the employee' s retirement shall entitle the retiring employee, hired prior to October I, 2006, to a bonus equal to: Hours accrued multiplied by employee' s regular straight time rate at time of retirement multiplied by .80 of up to the first 1040 hours, or .50 of the employee's total hours, whichever is greater. Employees are eligible for payment under this section only if the employee was hired prior to October I, 2006 and (a.) they retire after ten (I 0) years of credited service with the Authority and is at least 62 years of age, or (b.) has thirty (30) years of credited service with the Florida Retirement System (FRS). Section 17. Wellness Program In order to encourage employee wellness, the following program will be instituted. A Wellness Committee will be established and made up of Bargaining Unit and Non-Bargaining Employees. The Wellness Committee will recommend to Management, the best means of promoting wellness for each and every employee, including the nature of the wellness activities and the type of incentive or bonus for the employee's individual wellness efforts. Section 18. Sick Leave Bank. The purpose of the sick leave bank is to provide full-time, regular employees an emergency bank of sick leave hours in cases of a prolonged, catastrophic, documented illness of the employee. The month of September will be the only open enrollment period each year. Any employee not enrolling during the open enrollment period will not be eligible for enrollment until the following year. The employee must have a minimum of one (I) year of uninterrupted service with the Florida Keys Aqueduct Authority. The employee must have and maintain a minimum sick leave 15 balance of forty-eight (48) hours in their personal sick leave account to be eligible to join the bank and re-enroll each year. In order to join the sick leave bank, the employee must contribute three (3) days of their sick leave balance to the bank for their initial enrollment, and one (1) day per year (if requested) for each subsequent year thereafter, in order to remain enrolled in the sick leave bank. An employee may withdraw from membership, by writing to the Human Resources Office, at any time; however, prior contributions made to the bank will not be returned to the withdrawing member. Current participating members may be asked to donate additional days if the bank should become depleted; however, such additional days shall in no event exceed three (3) days per calendar year. To be eligible to join the sick leave bank, the employee must have exhausted all leave available to them, prior to requesting sick leave from the bank. The employee will be eligible for benefits from the sick leave bank following fifteen (15) work days of paid or unpaid absence. Any employee enrolled in the sick leave bank may, upon proper application, be eligible to receive up to sixty (60) work days from the bank within a twelve (12) month period, utilizing a rolling twelve ( 12) month period, measuring backward from the date an employee begins using leave. Any leave transferred from the bank, remaining in the employee's sick leave account upon the employees return to work, resignation or retirement, will immediately be returned to the sick leave bank. No leave (annual, sick or optional) will be accrued while the employee is on extended sick leave obtained from the sick leave bank. The Human Resources Office Staff will administer the sick leave bank. Requests for leave from the sick leave bank will be sent, in writing to the Human Resources Office, in a sealed envelope marked "confidential", and addressed to the sick leave bank. The Human Resources Office will determine if the employee has met all the criteria to be eligible to obtain leave from the sick leave bank. The Manager of Human Resources has the right to waive annual contributions to the Bank, if, in their opinion, the bank is sufficiently funded for that year. The following conditions will not be covered by this policy: Any illness or condition not fully documented by a qualified physician. Any elective cosmetic surgery or reconstructive surgery, unless it is medically necessary as determined by the doctor. Any illness or injury covered by Worker' s Compensation, no-fault insurance, or any other extraneous benefits of which the member has access. sick leave bank hours will not be used to supplement Worker 's Compensation benefits. Any natural or C-section child birth, unless serious complications occur and are documented by the treating physician. Any self-inflicted injuries, such as resulting from a suicide attempt. The FKAA Board Members, Executive Director and FKAA Staff shall be held harmless from any liability as a result of the execution of their duties in administering the Bank, by the FKAA. In the event the Sick Leave Bank reaches a point of depletion and the maximum number 16 of days has been contributed, no liability shall exist on the part of the FKAA Board Members, Executive Director and/or the FKAA Staff. In the event the Sick Leave Bank is dis-banded, all days remaining in the Bank, at the time of said action, will be distributed equally to all current members of the Bank, without regard to length of membership or previous use of the Bank. Section I 9. Emergency Release from Work. Employees who are volunteer fire fighters or emergency medical technicians may be released from work to respond to emergency calls, with the prior approval of the employee's immediate non-bargaining unit supervisor. Permission must be obtained on each such occasion, and no blanket or continuing approval to leave work will be recognized. Section 20. Applicable Laws. The parties agree to abide by the requirements of any valid and applicable state, county or local law or ordinance concerning employee leaves, in addition to the federal Family and Medical Leave Act, and this Agreement shall give way to the extent, if any, that may be necessary for that purpose. ARTICLE IX GRJEVANCEPROCEDURE Section 1. Definition and Procedure. For the purpose of this Agreement, a grievance is any dispute or difference of opinion between the Authority and the Union, or between the Authority and any of its regular employees involving the meaning, interpretation, or application of the provisions of this Agreement provided that employee performance evaluations, violations of the no-strike clause, discipline of employees for violations of the no-strike clause, except as provided in Article X, Section 1, shall not be subject to the grievance procedure. It is understood that, while performance evaluations may not themselves be the subject of grievances, the Union may seek to rebut an individual performance evaluation if it is directly involved in a disciplinary, promotional, or layoff grievance. The Grievance and arbitration procedure shall be the only vehicle for resolving grievances, and grievances shall not be otherwise presented to Managers or Members of the Board of Directors. Grievances shall be handled in the following manner: Step 1: All grievances shall first be taken up with the employee's immediate non bargaining unit supervisor, in writing, within twenty (20) working days from and after the date when the act or omission giving rise to the grievance occurs, or from and after the date when the grieving employee learns, or in the exercise of reasonable diligence should have learned of such act or omission. However, when the grievance is in response to a disciplinary action, the time for filing will start on the day when the disciplinary action form is given to the employee. The employee may, upon request, have their steward present. The written grievance shall state the nature of the grievance, the act or acts complained of and when the act occurred, the identity of the employee or employees who claim to be aggrieved, provisions of the Agreement claimed to have been violated, and the remedies sought. The supervisor shall provide an answer in writing within seven (7) working days. Failure of the supervisor to timely respond shall be considered a 17 denial of the grievance. Step 2: Any grievance not satisfactorily settled at Step 1 shall next be taken up in a meeting with the Deputy Executive Director. The employee or the Union will explain in detail on the grievance form the reasons why they consider the response at Step I unsatisfactory. Such grievance shall be presented in writing within seven (7) working days after denial of the grievance in Step I. The Deputy Executive Director shall within seven (7) working days after receipt of the grievance meet with the Union and shall render their decision on the grievance in writing with a copy to the Union within three (3) working days after the meeting. Failure to timely respond shall be considered a denial of the grievance. Step 3: Any grievance not satisfactorily settled at Step 2 shall next be taken up by the aggrieved employee or the President of the Union with the Executive Director or their designee. The employee or the Union will explain in detail on the grievance form the reasons why the response at Step 2 was not satisfactory. The grievance shall be submitted to the Director or their designee within seven (7) working days after denial of the grievance in Step 2. The Executive Director or their designee shall give a written response to the employee and the Union within seven (7) working days after receipt of the grievance. Failure to timely respond shall be considered a denial of the grievance. Step 4: If the parties are unable to reach a settlement of the grievance using the procedures outlined above, either party may submit the grievance to arbitration by sending to the other party by certified mail within thirty (30) working days after denial of the grievance by the Executive Director or their designee or the Union President or designated representative, as appropriate, a demand for arbitration. Only grievances which have been filed in writing and processed in the manner and within the time limits set forth shall be subject to arbitration. After a demand for arbitration has been made, the party requesting arbitration must apply to the Federal Mediation and Conciliation Service within thirty (30) working days from the date of the demand for arbitration for a list of seven (7) qualified arbitrators, and from this list one (I) shall be selected by process of elimination. The other party must be provided with a copy of the request to the Federal Mediation and Conciliation Service. Either party may strike the entire list, in which event they must request another list from the Federal Mediation and Conciliation Service. The parties shall strike names from the list alternately. The moving party shall strike first. The arbitrator remaining after each party has three (3) strikes shall be named the arbitrator for the grievance. Unless both parties agree on a different procedure, only one (1) issue may be submitted to the arbitrator in any one (I) hearing. The cost of arbitration, including cost of court reporter and transcript where requested by the arbitrator, shall be borne equally by the pa1ties, except that each party shall pay the full cost of its own witnesses and investigation. Pay for time lost by Union Stewards or officials shall not apply to their participation in arbitration. Section 2. Time Limits. In accordance with Florida Law, an employee may elect to pursue their grievance, without Union Representation, to the Career Service Council, and in accordance with the rules and regulations for the appeal of grievances to that Council as such may exist. The employee's election 18 of arbitration or Career Service Council must be made at any time but no later than after Step 3 set forth above and such election shall be made in writing. An election ofone shall constitute a waiver of the employee(s) right to utilize the other. Nothing in this Section is intended to modify in any way the time limits and procedures under the Career Service Council. Any extension of the time limits established by this Article must be in writing and signed by both parties. Failure to adhere to the time limits established by this Article shall result in the grievance being dismissed. Section 3. Authority of Arbitrator. In any dispute submitted to arbitration, the arbitrator shall be limited to rendering an award which is final and binding, and under no circumstances shall an employee be made more than whole or receive back pay for a period prior to their first tiling the grievance. No award for back pay shall exceed the amount of wages the employee would have earned at this regular rate less any unemployment compensation or any other compensation from any source that they received while not working for the public employer. An arbitrator shall not have any right to add to, subtract from, modify, amend, or ignore any terms of this Agreement, nor shall the arbitrator have power to establish wage rates or change any wage rate established by this Agreement. The arbitrator shall consider and decide only the particular issue involved in the grievance presented to them and their decision and award shall be based solely upon the arbitrator's interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance submitted. The parties will attempt to agree to a submission agreement. If they are unable to do so, the arbitrator will confine their decision to the grievance as written in Step 1. Any grievance relating to the discharge of an employee shall commence at Step 3 of the Grievance Procedure. It is understood that the Employer shall have the right to offer reinstatement to a discharged employee pending the final disposition of the grievance without waiving the cause or right of discharge. The fact that the employee has been reinstated or was offered reinstatement pending arbitration will not be considered in any way by the Arbitrator; except that, if the Arbitrator orders any back pay, upon receipt of the Award, the Authority will reduce the backpay award by the monies the employee would have received had the employee accepted the interim reinstatement. The pay under this section will be calculated by multiplying the applicable straight time rate by forty (40) hours per week and then by the number of weeks the employee would have worked. Section 4. Expedited Arbitration. Any grievance of a disciplinary action up to and including termination of employment, except those grievances that also involve one or more issues of arbitrability or contract interpretation will be processed under this provision. Grievances regarding "Fails to Meet Expectations" evaluations will be subject to expedited arbitrations. For expedited arbitration of grievances involving termination of employment, a decision by the arbitrator to award back pay or benefits shall be based on the time period from the effective date of the grievant' s termination up to the date of the arbitrator's decision, or a maximum of six 19 (6) months from the effective date of the Executive Director's final response at Step 3. A panel of five (5) arbitrators will be selected and agreed upon by the parties. Each arbitrator will serve until their services are terminated by written notice from either party to the other party. The arbitrator will be notified that their services are terminated by a joint letter from both parties. The arbitrator will conclude their services by deciding any grievances heard before the date of the joint letter notifying them of termination of services. A successor arbitrator wi II be selected and agreed upon by the parties. Arbitrators will be assigned grievances in rotating order designated and agreed upon by the parties. If a grievance is postponed after an arbitrator has been assigned, the grievance will continue to be assigned to the same arbitrator. If a grievance is settled, cancelled or withdrawn after an arbitrator has been assigned but before the arbitrator decides the grievance, that arbitrator will be the next arbitrator in the rotation order to be assigned a grievance. If an arbitrator is not available for a hearing within thirty (30) working days after receiving an assignment, the grievance will be passed to the next arbitrator in the rotational order. If no arbitrator can hear the case within thirty (30) working days, the case will be assigned to an arbitrator who can hear the case at the earliest date. Procedure for Expedited Arbitration The parties will notify the arbitrator by joint letter of the intent to proceed to expedited arbitration. The arbitrator and the parties will agree to a hearing date. Before the hearing, the parties may submit to the arbitrator a joint stipulation of any facts that the parties agree are not in dispute. The hearing will be generally conducted the same as any other arbitration hearing. The hearing will be informal without formal rules of evidence. However, the arbitrator must be satisfied that the evidence submitted is relevant and of a type on which they can reasonable rely, that the hearing is in all respects a fair one, and that all facts reasonably obtainable and necessary for a fair decision are brought before the arbitrator. A transcript of the hearing is not required. However, either party, at the party's own expense, may order a court reporter to attend the hearing. If either party orders a transcript of the hearing, the other party will be furnished a copy by the party ordering the transcript. Upon completion of the arbitration hearing, the arbitrator will render a bench decision consistent with the Agreement, including but not limited to Article IX. However, if the arbitrator requires additional time to consider their decision, they will render their decision within fourteen (14) days of the arbitration hearing. The decision of the arbitrator will determine the grievance however, it will only apply to the grievance being arbitrated and will not set practice or precedent. The time limits above may be extended by written agreement of the parties or at the arbitrator's request. The decision of the arbitrator will settle the grievance, and the Authority, Union and 20 grievant agree to abide by such decisions. The compensation and expenses of the arbitrator and the general expenses of the arbitration will be borne by the Authority and the Union in equal parts. Each party wi II bear the expense of its representatives and witnesses. Any expenses incurred because of any cancellation or postponement of an expedited arbitration hearing will be borne by the party requesting such cancellation or postponement. Section 5. Accelerated Grievance Procedures. By mutual agreement of the parties, any grievance may start at a higher step in the Grievance Procedure. ARTICLEX STRJKES AND LOCKOUTS Section I. No Strikes. The parties hereby recognize the provision of Chapter 447 of the Florida Statutes which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those statutory provisions herein by reference. The parties further agree that the Authority shall have the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in Section 447.501 (2) (e) of the Florida Statutes, at its discretion; except if an employee is absent because of illness during such work stoppage, such employee shall not be subject to the foregoing disciplinary provisions. Disputes of fact between the Authority and the Union as to whether the employee was absent because of sickness shall be settled under the grievance procedure of this Agreement. Section 2. No Lockouts. The Authority agrees that it will not lockout employees. Section 3. Picket Line Clause. No employee shall refuse to cross a picket line at a customer's establishment. Any such refusal will be considered a gross insubordination and grounds for immediate discharge unless the employee is threatened with physical harm for doing so. Section 4. Unfair Labor Practice. The Authority or its representative recognize the provisions of Chapter 447 of the Florida Statutes which defines unfair labor practices as stipulated in Section 447.501 of the Statute. ARTICLE XI MISCELLANEOUS Section I. Non-Discrimination. 21 Neither the Authority nor the Union will unlawfully discriminate against any employee on account of such employee's race, color, religion, sex, age or national origin, although neither the Authority nor the Union waives any rights or privileges otherwise provided by law. Neither will the Authority discriminate against any employee on account of lawful Union activity. The provisions of this Section shall be subject to Article IX provided that, the employee must make an election of remedies before proceeding to Arbitration. Any employee electing to proceed to arbitration agrees that the arbitration decision shall be final and binding and knowingly waives the right to file any charges with any state or federal agency or any lawsuit, which alleges the same actions as discriminatory under any state or federal law. An election to proceed before the appropriate state or federal agency or court shall constitute a waiver of the right, if any, to proceed to arbitration under Article IX. Section 2. Travel Expense. When an employee is assigned to work outside the employee's base work area and cannot return to their base area for the meal or is required to be away from the employee's base work area over night, the employee will be reimbursed pursuant to the Authority's Travel Policy. Section 3. Effect of Laws. In the event any Federal or State law conflicts with the provisions of this Agreement, the provision(s) so affected shall no longer be operative or binding upon the parties. The remaining portion of the Agreement shall continue in full force and effect. Section 4. Uniforms and Identification. The CW A insignia may be placed on the sleeve of a Union Member's uniform, at the Union's expense. The Authority will identify which employees that will be required to wear a uniform that may include a shirt, pants and a hat. Required uniforms will be provided by the Authority and shall be worn at all times during assigned work hours. The Authority will also identify which employees who will be required to wear safety shoes/boots. The Authority shall provide an annual stipend, of not less than $300.00, to each employee required to wear safety shoes that shall be applied toward the purchase of required safety shoes/boots. Section 5. Discipline and Discharge. Regular unit employees shall be subject to discipline, up to and including discharge, for just cause. Section 6. Disciplinary Action. Due to the requirements of Florida law, any disciplinary action given to an employee shall remain in the employee' s electronic personnel file in perpetuity. If an employee is to receive disciplinary action, they will receive the notice within a reasonable period of time not to exceed forty-five (45) calendar days after management has knowledge that the incident occurred. No 22 disciplinary action will be placed in the employee's file without the employee first seeing and initialing it. Section 7. Tuition Refund Program. The goal of this program is to encourage employees to pursue educational programs which will expand the employee's skills and knowledge. The following is an outline of the Tuition Refund Program: To be eligible for tuition reimbursement the employee must be a full time, regular employees who has completed one ( I) full year of service with the Authority. Any course given by a recognized accredited educational institution, approved on-line course, or approved training course which is directly related to the employee's present work or future work will be considered e li gible for tuition reimbursement. Elective courses for degree seeking students will be approved based on identified needs associated with the degree. Approval must be given by the employees chain of command, up through their respective Deputy Executive Director. The FKAA will provide reimbursement for tuition, books, and other fees charged by the institution as follows: Accredited Course Work: When an employee is taking college level courses and is not "degree seeking" the maximum allowed fiscal year reimbursement is $2,000.00. The employee must successfully complete the course and present a document of completion. If grades are given, a grade of A or B must be achieved for I 00% reimbursement or a grade of C must be achieved for 50% reimbursement. Degree Seeking: Associate Degree The maximum allowed reimbursement per employee in an Associate degree seeking program is $4,000.00, not to exceed $2,000.00 per fiscal year. Successful completion oft he course and presentation of document of completion. If grades are given, a grade of A or B must be achieved for I 00% reimbursement or a grade of C must be achieved for 50% reimbursement. Degree Seeking: Bachelor's Degree The maximum allowable reimbursement per employee in a bachelor's degree seeking program is $7,000.00, not to exceed $3,500.00 per fiscal year. Successful completion of the course and presentation of a document of completion is required. If grades are given, a grade of A or B must be achieved for I 00% reimbursement or a grade of C must be achieved for 50% reimbursement. Degree Seeking: Master's Degree 23 Fut I or Partial Reimbursement for expenses incurred relative to the acquisition of a master' s degree will be individually considered by the Board on its merits. Minimum requirements for consideration: The Employee must demonstrate a direct and substantive benefit to the FKAA by their acquisition of a master's degree. Successful completion of the course and presentation of certificate of completion, and if grades are given, a grade of A or B must be achieved. The following procedures must be followed to be eligible for reimbursement under this policy: Application for approval of tuition under this program must be made and approved prior to the enrollment in the course or courses to be studied. The application form should be completed by the employee requesting tuition refund and submitted through their chain of command for final approval by their respective Deputy Executive Director prior to the start of the course. For Degree Seeking employees, application for approval of tuition refund for this program must be made and approved as part of the Authority's Annual Budget preparation process (which requires submission to the employee's Department Manager by March I st prior to the start of the fiscal year). The employee will be notified of approval or disapproval by return copy of this form, after sign-off by all parties. Employees must pay costs for tu1t1on, books, fees, etc. directly to the educational institution. Upon successful completion of the approved course, the employee shall submit an email to the Manager of Human Resources requesting reimbursement of authorized costs. The employee must provide copies of receipts for all course related expenditures (tuition, books, fees, etc.) for which reimbursement is being requested. The receipts must be photographed or scanned and the electronic tile attached to the email from the employee requesting reimbursement. The employee must provide evidence of successful completion of the course, including proof of grade earned in the course if applicable. Requests for reimbursement must be submitted, in writing, within thirty (30) days after completion of the course. Requests submitted after thirty (30) days from completion may not be considered unless otherwise justified. Should an employee, who has received reimbursement for tuition expenses, voluntarily or involuntarily leave the employee of the Authority within twenty-four (24) months from the receipt of the tuition reimbursement, the employee will be responsible for repaying the Authority for all applicable reimbursed funds. ARTICLE XII CHECKOFF OF DUES Section I. Authorization. The Authority agrees to make deduction of Union dues from the pay check of any employee covered by this Agreement upon written authorization signed by the employee directing the Authority to make such deduction and transmit an amount to the Union. The deduction authorization shall continue until one of the following occurs: 24 (a) the employee gives written notice to the Authority and Union revoking the dues deduction authorization; (b) the employee is terminated; or (c) the employee is transferred out of the bargaining unit. The dues deduction cancellation shall be effective thirty (30) days following the day it is received by the Authority. - Section 2. Remission of Dues to Union. The amounts to be deducted as dues shall be certified to the Authority by the Secretary Treasurer of the Communications Workers of America. The Authority agrees to rem it such dues deducted to the Secretary-Treasurer of the Communications Workers of America on a monthly basis. The Authority shall submit a monthly list of all additions or deletions of employees in the bargaining unit, the names of employees on whose behalf dues have been deducted, employee identifying numbers, date of employment of additions, date of termination, or date of transfer out of the bargaining unit for deletion. The payroll deduction will be made in the first pay period in each calendar month. Section 3. Indemnification. The Union will indemnify, defend, and hold the Authority harmless against any and all claims, demands, suits, or other forms of liability that shall arise out ofor on account ofany payroll deduction of Union dues. The Union agrees that in case of error, proper adjustment, if any, will be made by the Union with the affected employee. ARTICLE XIJI UNION REPRESENTATION Section 1. Visitation. A duly authorized representative of the Union shall be permitted on the Authority's premises for the purpose of investigating grievances, adjusting grievances, or ascertaining whether the Agreement is being enforced. Permission for such visitation will be obtained in advance from the Deputy Executive Director and such permission will not be unreasonably withheld. Section 2. Non-Interference with Production or Services. The investigation, handling, or adjustment of grievances shall, insofar as it is practical, be conducted by employees and Union representatives during non-working hours. If grievance matters must be attended to during regular working hours, the Union Representative must receive permission from their immediate supervisor prior to taking time off. The handling of grievances during regular working hours will be done so as to cause a minimum of interference with production or services and employees will not be paid for time spent on such grievances. Requests for time off will not be unreasonably withheld. 25 Section 3. Union Leave of Absence. Employees designated by the Union will be granted a leave of absence upon request of the Union President or their designee for Union Business. Such leave will be treated as personal leave. Leave under this Section must be requested as soon as the need for the leave is known. Permission for such leave may be withheld if operational considerations so require. Such leaves will be considered as time worked for the purpose of seniority, accrual, overtime and other fringe benefits, provided that such leave does not exceed ten ( I 0) consecutive workdays. Section 4. Union Postings. The Union shall be permitted space at each area location for the purpose of placing and maintaining a Union bulletin board at the Union's expense. The use of this bulletin board will be for Union notices only, and be of a businesslike, non-inflammatory nature. There will be no posting of any type supporting or opposing employees running for Union office. All notices posted must be signed by a representative of the Union. Prior to posting, a copy of the posting must be provided to Human Resources for approval. Approval will not be withheld if the posting complies with the requirements of this Section. Section 5. Request for Information. Upon request in writing, the Union shall be furnished with any information reasonably necessary and relevant to any question of interpretation of this Agreement or its enforcement; provided that no information of a confidential nature will be supplied unless upon written authorization of any person(s) about whom the information concerns. Section 6. Union Representation. Any employee is entitled, upon request, to have a Union representative present in any meeting or discussion with the Authority in which the employee reasonably fears that the interview will adversely affect his continued employment, provided that no Union representative shall obstruct, impede, or prevent any investigation, or counsel any employee to not answer or fully cooperate in any investigation. The Union representative, or the supervisor of the employee who requests Union representation, must request time off from the Union representative's supervisor. Section 7. Collective Bargaining. Union Representatives of the Bargaining Committee in meetings with Management during bargaining on wages, hours of employment, working conditions and other general conditions of employment, and in the employ of the Authority, shall suffer no loss in pay for time consumed in meetings with the Authority. The number of representatives in the employ of the Authority will not exceed two (2). Time off under this Section is not charged to Section 3, Union Leave of Absence. ARTICLE XIV INSURANCE 26 Section I. Group Health Insurance. The Florida Keys Aqueduct Authority will provide a group health plan and absorb any increase in the cost of the employee's Group Health Plan during the Contract period. The Authority will also subsidize a portion of the cost of dependent coverage during this Contract period. The employee who elects dependent health coverage, during this Contract period, will be responsible for $380.10 for coverage of one dependent, or $545.21 for family coverage, per month. Employees will be covered by the employee group plan and be eligible to participate in dependent coverage beginning the first of the month following their hire date. Section 2. Dental Insurance. The Authority agrees to provide a dental plan of its choice, at its cost, for regular employees. The effective date of dental coverage for new hires will be based on the plan guidelines in effect at the time of hire. Employees who elect dependent coverage will be responsible for 100% of the dependent cost each month. Section 3. Vision Insurance. The Authority agrees to provide a v1s10n plan of its choice, at its cost, for regular employees. The effective date of vision coverage for new hires will be based on the plan guidelines in effect at the time of hire. Employees who elect dependent coverage will be responsible for I 00% of the dependent cost each month. Section 4. Life Insurance Life insurance will be provided to all Bargaining Unit employees in the amount of $50,000.00. ARTICLE XV WAGES Effective October I st and annually thereafter, all Bargaining Unit employees will receive a Cost of Living Adjustment (COLA), subject to the requirements in Article XV, Section 6 (a). The pub! ished Salary Ranges for each classification wi 11 also be adjusted annually by the Cost of Living Adjustment. A copy of the latest Pay Ranges for each classification can be found on the Human Resources Department' s intranet site. Section I. Definition. (a) Promotion is defined as a transfer to a job classification with a higher Salary Range. (b) Lateral transfer is defined as a transfer to a job classification with the same Salary Range. ( c) Demotion is defined as a transfer to a job classification in a lower Salary Range. 27 Section 2. Pay Upon Promotion. (a) When an employee is promoted, the employee will be placed within the appropriate Salary Range, based on their prior knowledge, skills and experience. Continued movement through the Salary Range to the maximum of the Salary Range will be as provided in Article XVI, Performance Evaluations. (b) The employee will be eligible for a merit increase on October I of each year, as provided in Article XVI, Performance Evaluation. However, any employee at the maximum of their respective Salary Range wi ll not be eligible for a merit increase. (c) Any bargaining unit employee promoted into a higher Salary Range will receive a minimum 5% increase. In no case shall the employee's salary be adjusted above the maximum of the new Salary Range. Section 3. Pay Upon Lateral Transfer. Upon a lateral transfer, the employee wi ll continue at the same salary as held prior to the lateral transfer. The employee will be eligible for a merit increase on October 1st, provided they are not at the maximum of their Salary Range, as provided in Article XVI, Performance Evaluation. Section 4. Pay Upon a Demotion. An employee who is demoted will be paid at a lower salary within the lower Salary Range. The affected employee's base pay will be reviewed and adjusted based on the duties and responsibilities of the new position. The employee wi ll be eligi ble for a merit increase on October I st, provided they are not at the maximum of their Salary Range, as provided in Article XV I, Performance Evaluation. Section 5. Pay for New Hire Employees. Upon hiring, an employee will be paid no less than the entry level of the Salary Range to which the employee's job classification is assigned. The Aqueduct Authority reserves the right to pay a salary within the appropriate Salary Range, depending upon the employee's prior training, experience and licenses. Section 6. Future General Wage Adjustments and Merit Increases. (a) General Wage Adjustments. All Bargaining Unit employees will receive an annual Cost of Living Adjustment (COLA), equal to the CPI-U for Miami/Ft. Lauderdale as of June of each year, with a minimum of not less than I% and a maximum not more than 3%. The General Wage increases shall only be for the current Contract period, and all future increases shall be negotiated by the parties. 28 (b) Merit Wage Increase. Each employee will be subject to a performance review for consideration of a merit wage increase on October 1st of each year. Any person who has been employed less than one (I) year, as of October I st of each year, is eligible for a merit increase. Any employee at the maximum of their respective Salary Range will not be eligible for a merit increase. Employees who receive a "Meets Expectations" on their performance evaluation and are not at the maximum of their Salary Range, will receive a half of a percent (0.5%) merit increase. Employees who receive an "Exceeds Expectations" on their performance evaluation and are not at the maximum of their Salary Range, will receive a one percent (1.0%) merit increase. Employees who receive an "Outstanding" review and are not at the maximum of their Salary Range, will receive a two percent (2.0%) merit increase. Any employee receiving a "fails to meet expectations" review will be given ninety (90) additional calendar days to improve their performance to a minimum of "meets expectations". If the employee achieves "exceeds expectations", or above, after their ninety (90) day reassessment evaluation, they will receive a merit wage increase as described above. If an employee, at the end of the additional ninety (90) days, still "fails to meet expectations", this will be grounds for disciplinary action, up to and including termination. Section 7. No General Wage Adjustment Increases After Contract Termination. There will be no general wage adjustment increases after this Agreement has been terminated and/or reopened until a new Agreement is ratified. Section 8. Longevity Pay. Each employee covered by this Agreement shall be entitled to longevity pay after five (5) years of continuous service. Longevity pay will be calculated by multiplying the number of years of service by $60.00. Upon retirement an employee will receive a pro rata share of their longevity pay if the retirement date is different from the anniversary date. ARTICLE XVI PAYROLL DEDUCTION - C.O.P.E. The Authority agrees to make collection of CWA-COPE-PCC payments, so long as the Information System can handle the extra deduction and at least ten percent (I 0%) of the employee population commits to the enrollment in COPE. This Bargaining Unit employee deduction would be handled through payroll deduction upon the order in writing, signed by such employee, and to pay over the amount thus deducted to the CW A-COPE-PCC once each month. ARTICLE XVII PERFORMANCE EVALUATIONS For the current Contract term, employees will be eligible for a merit increase, as long as the employee is not at the maximum of their Salary Range. The Parties agree to use the current 29 Performance Evaluation form. Section 1. Annual Performance Evaluations. Prior to October 1st of each year, all employees will be evaluated by the Authority. The initial evaluation will be prepared by the employee's immediate Supervisor and/or Manager. The evaluation must be approved by the Department Manager before it is given to the employee. Each employee will be evaluated as "Outstanding" (5 points); "Exceeds Expectations" (4 points); " Meets Expectations" (3 points); or "Fails to Meet Expectations" (1 or 2 points). Employees whose overall evaluation is "Outstanding", " Exceeds Expectations", or "Meets Expectations will receive a merit increase as provided in Article XV. Subject to Article XV, Section 6, the merit increase will be effective on October pt of each year, provided the employee in not at the maximum of their respective Salary Range. Section 2. "Fails to Meet Expectations" Evaluation and Reassessment Evaluation. A regular employee who "Fails to Meet Expectations" (Needs Improvement) on the Performance Evaluation will be advised of the reasons for failure to meet expectations and the steps/actions necessary to improve future performance to a "Meets Expectations" level. An employee who " Fails to Meet Expectations" will be reevaluated within ninety (90) days after the initial "Fails to Meet Expectations" evaluation. On the reassessment evaluation only, the factors which were rated "Needs Improvement" will be re-evaluated. If the employee, following the reassessment evaluation, still "Fails to Meet Expectations" by not obtaining a minimum accumulative evaluation of "Meets Expectations", the employee who "Fails to Meet Expectations" on his/her reassessment evaluation will not receive a merit increase for that year and will be subject to disciplinary action, up to and including termination. Section 3. Evaluation Subject to Grievance Proceedings. Evaluations of "Fails to Meet Expectations" are subject to the Grievance Procedure under Article IX. Grievances arbitrated under this provision will be subject to Article IX, Section 4 Expedited Arbitration. Should the employee subsequently, upon re-evaluation, "Meet Expectations", or above, the grievance will be withdrawn. ARTICLE XVIII W AIYER AND ENTIRE AGREEMENT The parties acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right (except as limited by law) and opportunity to make demands and proposals with respect to any and all subjects or matters and that the understandings and agreements arrived at by the parties are set forth in this Agreement. Therefore, the Authority and the Union each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subject or matter may not have been within the knowledge or 30 contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. All rights and duties of both parties are incorporated into this Agreement. This Agreement constitutes the entire Agreement between the parties and concludes collective bargaining for its term. Nothing herein shall be construed to prevent the parties from amending or supplementing this Agreement during its term by mutual agreement. 3 1 ARTICLEXlX DURATION This Agreement dated this I st day of October 2019 and the provisions hereof, shall become effective upon ratification by both parties and shall remain in full force and effect through September 30, 2022. FLORIDA KEYS COMMUNICATION WORKERS AQUEDUCT AUTHORITY OF AMERICA, AFL-CIO By: Kirk Zuelch By: Paul Bouchard Executive Director Staff Representative Date Date By: John Sweeting President, CW A Local 3 I 77 Date 32 APPENDIX A JOB CLASSIFICATIONS WITHIN THE BARGAINING UNIT Accounts Receivable Specialist Admin. Secretary - Water Quality Division Administrative Aide Billing Specialist Buyer Construction Equipment Operator Construction Crew Foreman Construction Worker A Construction Worker B Construction Worker C Construction Worker D Customer Service Clerical Asst. Customer Service Senior Clerical Asst. Customer Service Field Representative Customer Service Representative Data Control Clerk Delinquent Accounts Clerk Diesel Mechanic Distribution System Operator A (with FDEP Level I License) Distribution System Operator A (without FDEP Level I License Distribution System Operator B Distribution System Operator C Distribution System Operator D Draftsman Electrical/Electronic Systems Technician Electrician Electronic/Instrument Technician Engineering Technician Facilities Maintenance Mechanic A Facilities Maintenance Mechanic B Facilities Maintenance Mechanic C Facilities Maintenance Mechanic D Facility Maintenance Foreman Field Office Clerical Asst. Finance Specialist Fleet Maintenance Foreman Garage Mechanic A Garage Mechanic B Journeyman Electrician Journeyman Electrician Inspector Lead Pipeline Controlman Lead W.T.P. Operator Leak Control Technician A (with FDEP Level I License) Leak Control Technician A (without FDEP Level I License) 33 Leak Control Technician B Leak Control Technician C Mail Clerk Cashier Coordinator Mail Clerk/Cashier Maintenance Office C lerical Assistant Master Electrician Mechanical/Instrument Technician Meter Repairman Meter Shop Foreman Office Service Assistant Office Supply Inventory Control Clerk Pipeline Controlman Pipeline Controlman Apprentice Pipeline Controlman Trainee Plant O & M Mechanic A Plant O & M Mechanic B Plant O & M Mechanic C Plant O & M Mechanic D Procurement & Inventory Control Coordinator Pump Station Operator Trainee (K. W. & S. I.) Records Data Entry Clerk Records Shredding Clerk R.O. Facility Foreman R.O. Plant Operator - A License R.O. Plant Operator - A License/Lab Technical Director R.O. Plant Operator B R.O. Plant Operator -B License/Lab Technical Director R.O. Plant Operator C Senior Cashier Senior Customer Service Clerical Assistant Senior Customer Service Representative Senior Construction Equipment Operator Senior Facilities Maintenance Mechanic Senior Garage Mechanic Senior Water Quality Control Technician Senior Welder/Mechanic Stock Island Plant Operator Storekeeper Valve/Hydrant & Meter Technician A Valve/Hydrant & Meter Technician B Warehouse Helper Wastewater Liaison Coordinator Wastewater Maintenance Mechanic A Wastewater Maintenance Mechanic B Wastewater Maintenance Mechanic C Wastewater Maintenance Mechanic D Wastewater Maintenance Mechanic Foreman Wastewater Treatment Plant Operator -A License 34 Wastewater Treatment Plant Operator - B License Wastewater Treatment Plant Operator - C License Wastewater Treatment Plant Operator Trainee Wastewater Vacuum Truck Operator/Mechanic C Water Quality Control Technician Water Quality Control Technician Assistant A Water Quality Control Technician Assistant B Water Treatment Plant Facilities Maintenance Foreman Water Treatment Plant Mechanic A Water Treatment Plant Mechanic B Water Treatment Plant Mechanic C Water Treatment Plant Mechanic D Water Treatment Plant Operator - A License Water Treatment Plant Operator - B License Water Treatment Plant Operator - C license Water Treatment Plant Operator "A''/Lab Tech. Director Water Treatment Plant Operator Trainee Welder/Mechanic 35 BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEM SUMMARY AGENDA ITEM: DOA-O3 CONSENT: r:- REGULAR: [Kl MEETING DATE: September 26, 2019 DIVISION: Administration AGENDA TITLE: Consideration to approve renewal of group life and accidental death and dismemberment (AD&D) insurance coverage with Sun Life Financial effective October 1, 2019 for an estimated annual premium of $110,854. ITEM BACKGROUND: The Authority provides employees and board members with term life insurance through Sun Life Financial at amounts based on job classifications. Bargaining unit and board members -$20,000, Non-bargaining Tier Ill -$50,000, Tier 11-$75,000, Tier 1-$100,000 and Executive Level -$250,000. Employees in a "closed class" that meet normal retirement with the FKAA in Tier II, Tier I and Executive Level, receive continuation of coverage at retirement. PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: The Board of Directors approved the current insurance carrier, Sun Life Financial in 2004. there have been no increases in the premium amounts since 2013. In April 2016, the Board discontinued offering post-retirement life insurance benefits for new employees. STAFF RECOMMENDATION (MOTION): Approve renewal of group life and accidental death and dismemberment (AD&D) insurance coverage with Sun Life Financial effective October 1, 2019 for an estimated annual premium of $110,854. SUPPLEMENTAL INFORMATION: Attached. DOCUMENTATION: Included: • To-Follow: D Not Required: • $ 110,854 Cost to FKAA: BUDGETED: Yes r:;:::J No • Cost to Others: $ Total Cost: $ 110 854 DEPARTMENT: Human Resources DEPARTMENT MANAGER APPROVAL: Digitally signed by Kerry Shelby K erry Sh e lb Y Date: 2019.09.1615:59:23 DIVISION DEPUTY EXECUTIVE DIRECT;t:ROVAL: -04'00' Reviewed by: Internal Auditor: General Counsel: tonce hy the FKAA unless loss or d.1otaJ!C re