EXECUTIVE ORDER NO. 98-0

Transcription

1 DICK A. GRECO MAYOR EXECUTIVE ORDER NO Under and by virtue of the authority vested in me as Mayor of the City of Tampa by the Revised Charter of the City of Tampa of 1975 and the laws of the State of Florida, I hereby prescribe and promulgate administrative guidelines entitled: ADMINISTRATIVE PROCEDURES FOR THE CITY OF TAMPA, AS REQUIRED BY SECTION , FLORIDA STATUTES (Construction Management Contracts). Said guidelines are to be followed in selecting firms to provide construction management services and in negotiating contracts for construction managements services for construction projects. All executive orders heretofore made relative to the aforesaid administrative procedures are hereby superseded. This Executive Order shal Dated: Prepared by:

2 ADMINISTRATIVE PROCEDURES FOR THE CITY OF TAMPA, AS REQUIRED BY SECTION , FLORIDA STATUTES. (CONSTRUCTION MANAGEMENT CONTRACTS) In order to comply fully with the requirements of Section , Florida Statutes, the following procedures shall be followed in selecting firms to provide Construction Management services and in negotiating contracts for Construction Management services for construction projects. 1. DEFINITIONS Construction Management means providing one administrative entity (a "firm" as defined herein) responsible for coordination and scheduling during both design and construction phases and to hold subcontracts for construction, where any services within the scope of practice of architecture or professional engineering as defined by the laws of the State of Florida are performed by a registered architect or professional engineer and where those services within the scope of construction contracting as defined by the laws of the State of Florida for construction are performed by a certified or registered contractor as applicable according to the Florida Statutes. Managing Department means any department or agency of the City of Tampa which procures and manages construction services. Devartrnent means any department or agency of the City of Tampa for which Construction Management services are contemplated. Firm means any individual, partnership, corporation, association or other legal entity permitted by law to practice architecture or engineering or to engage in construction contracting in the State of Florida. Project means that fixed capital outlay project described in a public announcement including individual facilities, grouping of facilities, rehabilitation or renovation activities. Design Professional means the architect or professional engineer under contract to the Department for providing professional services in the preparation of the design of a Project. Committee means the Certification and Selection Committee as referenced in Section 6.0 below. Director of the Department means the Director of the Department, or his designated representative, for which Construction Management services are contemplated.

3 2. SELECTION OF THE DESIGN PROFESSIONAL 2.1 The Design Professional shall be: 1) a registered engineer or architect who is a member of the City staff or; 2) a person selected and contracted with in accordance with the requirements of the Administrative Procedures for the City of Tampa relative to the Consultants Competitive Negotiation Act, as amended. 3. MINIMUM QUALIFICATION REQUIREMENTS FOR FIRMS PROVIDING CONSTRUCTION MANAGEMENT SERVICES 3.1 Before submitting qualifications or a proposal. Firms desiring to provide Construction Management services to any Department shall satisfy the qualification requirements set forth in applicable City ordinances, Executive Orders and the Florida Statutes. 4. PUBLIC ANNOUNCEMENT PROCEDURES 4.1 Except for cases declared and certified by the Director of the Department as a valid public emergency, the Department, when requiring Construction Management services, shall publish through the Committee, on behalf of the City of Tampa, a legal advertisement in a newspaper of general circulation within the City of Tampa and County of Hillsborough, providing a general description of the Project requiring Construction Management services, requesting qualifications or proposals for such services and defining procedures on how interested qualified Firms may apply for consideration. Said advertisement shall be published no less than 10 days nor more than 30 days before the date set forth in the advertisement for accepting said qualifications or proposals. In addition to the foregoing publication, an invitation may be sent to each Firm that has expressed an interest in being notified when any such Construction Management services are required. 5. CERTIFICATION AND COMPETITIVE SELECTION 5.1 There shall be a Certification and Selection Committee ("Committee") comprised of the following: Environmental Services and Public Works Project Coordinator (who shall serve as Chairman); Chief Administrative Officer (who shall serve as Chairman in the absence of the Environmental Services and Public Works Project Coordinator); Director of Finance; City Attorney; Director of the Managing Department;

4 5.1.6 At least one person from the Department for which the project will be constructed. In the event one or more of the above officials is unable to perform his duties in connection with any meeting of the Committee, he shall name a designee to represent him. Once the Committee is established, it shall serve throughout the selection process for a Project until completed. The Committee may be assisted by the Design Professional in an advisory capacity. The Committee shall determine the relative ability of each Firm to perform the services required for each Project. The criteria for determination of ability shall include, but not be limited to, staff size, training and experience, Firm experience, Firm location, volume of past contracts with the City, volume of past contracts with related work, specific history of other Construction Management Projects accomplished by the Firm, financial capacity, past performance, and current and projected work load. In making its determination, the Committee may interview no fewer than three Firms to determine such Firms' ability to provide all required services, and commitment to meet time and budget constraints. In the event a Construction Management Firm withdraws from consideration, the Committee may continue with any firms that remain. The Committee shall select and recommend to the Mayor no fewer than two nor more than six Firms deemed to be most highly qualified to perform the required services, after considering the factors in Section 5.3 of these procedurde. Each of these Firms will be eligible for consideration in accordance with Section 6 of these procedures. The Committee will report its selections of finalists to the Mayor for action. The Committee, when convened, shall keep minutes of the proceedings which are relative to the transaction and selection of the qualifying Construction Management Firms, and a copy of said minutes shall be kept on file and available to the public in the office of the Committee Chairman. 6. COMPETITIVE NEGOTIATION FOR CONSTRUCTION MANAGEMENT PROJECTS 6.1 The Committee shall select and recommend to the Mayor, for his final determination as to most qualified, no fewer than three Firms in suggested order of preference from those deemed to be most qualified to perform the required services. In making its determination, the Committee shall interview no fewer than three Firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each Firm's approach to managing and scheduling the Project. The recommendations shall be evidenced in writing to the Mayor from the Committee Chairman. 6.2 The Mayor may then negotiate a contract for Construction Management services, for the Project with the Firm that he determines to be most qualified at compensation within a range determined to be fair, competitive and reasonable. In making the determination, the Mayor shall analyze the cost of the Construction

5 Management services required, giving full consideration to the scope and complexity of the Project. The compensation shall be on a guaranteed maximum price basis for all construction costs plus fixed lump sum fees for Project management, overhead and profit. 6.3 Should the Mayor be unable to negotiate a satisfactory contract with the Firm considered to be the most qualified, within a price range determined to be fair, competitive and reasonable, negotiations with that Firm shall be formally terminated. The Mayor shall then undertake negotiations with the second most qualified Firm. Failing accord with the second most qualified Firm, the Mayor shall then undertake negotiations with the third most qualified Firm until a satisfactory contract is achieved. 6.4 Should the Mayor be unable to negotiate a satisfactory contract with any of the selected Firms, additional Firms shall be selected in accordance with the provisions of this Section. Negotiations may co s Section until an agreement is reached. Dated: I i Dick A. ~reco, Mayor Prepared By:

6 CITY OF TAMPA Office of the City Attorney James D. Palermo City Attorney MEMORANDUM DATE: February 10, 1998 TO: FROM: SUBJECT: Dick A. Greco, Mavor - /, Samuel S. Hamilton, Assistant City Attor 4 w Administrative Procedures for the City of Tampa, as required by Section , Florida Statutes (Construction Management Contracts). Enclosed for your signature, please find the captioned Executive Order and attachment which is hereby submitted for your signature. Thank you. SSHIca Attachment: h:\wp\rnernos\agrnt.rnern\ca East Kennedy Blvd., 5th Floor Tampa, Florida / Fax: 8 1 3/

7 DICK A. GRECO MAYOR EXECUTIVE ORDER NO. 98- WHEREAS, the Women and Minority Business Enterprise ("WMBEn) Ordinance was initially established in March 1991; and WHEREAS, the WMBE Ordinance was founded on the predicate that there existed a pattern of discrimination against WMBEs which resulted in a significant statistical disparity between the availability of such businesses and the utilization of such businesses in the City of Tampa's contracting and procurement activities; and WHEREAS, based on the above-referenced finding by the City, the purpose and declaration of policy of the WMBE Ordinance as stated therein was that the City had a compelling interest in implementing race and sex conscious initiatives to remedy the effects of past discrimination against WMBEs and to tangibly increase WMBEs' participation and provide WMBEs with equal opportunities in City contracting and procurement activities; and WHEREAS, the WMBE Ordinance contained a sunset date of May 31, 1997, unless prior to such date the City Council found that the above-referenced purposes of the ordinance (i-e., to remedy the effects of past discrimination by increasing and equalizing WMBEs participation in City contracting and procurement activities) had not been achieved; and WHEREAS, in anticipation of the above-referenced sunset date and the finding required to continue the WMBE Ordinance, on October 24, 1996, the City engaged a consultant to conduct a Disparity Study to collect and evaluate data to determine if the effects of past discrimination had been remedied by WMBEs' increase and equalization of participation in City contracting and procurement activities; and WHEREAS, the sunset date of May 31, 1997 was extended two times to August 31, 1997 and to February 28, 1998, respectively, because the Disparity Study necessary to form the predicate for extension of the WMBE Ordinance had not been completed; and

8 WHEREAS, subsequent thereto preliminary results from the Disparity Study were received which indicated the purpose of the WMBE Ordinance had been achieved in some respects thereby preventing the City from making the requisite finding for extension or continuation of the WMBE Ordinance; and WHEREAS, although the City is unable to make the requisite finding to extend the WMBE Ordinance, the City is desirous of continuing the WMBE Ordinance on a voluntary administrative basis until such time as the final results of the Disparity Study are received. NOW, THEREFORE, by virtue of the authority vested in me pursuant to Section 4.01 of the Charter of the City of Tampa as Mayor of the City of Tampa, and the laws of the State of Florida, I do hereby prescribe and promulgate the following: 1. That the City of Tampa and all its Departments and Divisions shall voluntarily continue to comply with the provisions of the WMBE Ordinance (as formerly set forth in City of Tampa Code Chapter 26.5, Part 1. ) as said Ordinance existed on February 27, That the WMBE Ordinance, and the administration thereof, shall continue to be under the supervision of the Special Assistant to the Mayor. 3. That this Executive Order shall take effect, on February 28, /-) DONE and ORDERED this DICK A. GRECO MAYOR Approved by:,f

9 DICK A. GRECO MAYOR WHEREAS, Executive Order No dated December 2, 1996, prescribed and promulgated administrative guidelines entitled: ADMINISTRATIVE PROCEDURES FOR THE CITY OF TAMPA AS REQUIRED BY SECTION , FLORIDA STATUTES (Design-Build Contracts) ; and WHEREAS, it is necessary to amend Section 6.1 of the Administrative Guidelines to provide for an additional person to serve on the Certification and Selection Committee. NOW, THEREFORE, pursuant to the authorization vested in me as Mayor of the City of Tampa by the Revised Charter of the City of Tampa of 1975 and the laws of the State of Florida, I hereby prescribe and promulgate the following: 1. That Section 6.1 of the Administrative Guidelines which were prescribed and promulgated pursuant to Executive Order No is hereby amended to read as follows: "6.1 There shall be a Certification and Selection Committee ("C~mmittee~~) comprised of the following: Environmental Services and Public Works Project Coordinator (who shall serve as Chairman) ; Chief Administrative Officer (who shall serve as Chairman in the absence of the Environmental Services and Public Works Project Coordinator) ; Director of Finance; City Attorney; Assistant to the Mayor Director of the Department for which the project will be constructed;

10 7) At least one other person from the Department for which the project will be constructed. In the event one or more of the above officials is unable to perform his duties in connection with any meeting of the Committee, he shall name a designee to represent him. Once the Committee is established, it shall serve throughout the selection process for a project until completed. The Committee may be assisted by the Design Criteria Professional in an advisory capacity." 2. That in all other respects Executive Order No shall remain in full force and effect. Prepared By: D

11 DICK A. GRECO MAYOR WHEREAS, Executive Order No dated February 12, 1998, prescribed and promulgated administrative guidelines entitled: ADMINISTRATIVE.PROCEDURES FOR THE CITY OF TAMPA, AS REQUIRED BY SECTION , FLORIDA STATUTES (Construction Management Contracts) ; and WHEREAS, it is necessary to amend Section 5.1 of the Administrative Guidelines to provide for an additional person to serve on the Certification and Selection Committee. NOW, THEREFORE, pursuant to the authorization vested in me as Mayor of the City of Tampa by the Revised Charter of the City of Tampa of 1975 and the laws of the State of Florida, I hereby prescribe and promulgate the following: 1. That Section 5.1 of the Administrative Guidelines which were prescribed and promulgated pursuant to Executive Order No is hereby amended to read as follows: "5.1 There shall be a Certification and Selection Committee (llcommittee") comprised of the following: Environmental Services and Public Works Project Coordinator (who shall serve as Chairman) ; Chief Administrative Officer (who shall serve as Chairman in the absence of the Environmental Services and Public Works Project Coordinator) ; Director of Finance; City Attorney; Assistant to the Mayor; Director of the Managing Department;

12 5.1.7 At least one person from the Department for which the project will be constructed." 2. That in all other respects Executive Order No shall remain in full force and effect. 3. That this Executive Order Dated: LjhJL 4 /??I Dick A. Greco, Mayor Prepared By: B

13 DICK A. GRECO MAYOR EXECUTIVE ORDER 98-3 WHEREAS, it is in the best interest of the City of Tampa to have an Operations Review incentive program. NOW, THEREFORE, pursuant to the authorization vested in me as Mayor of the City of Tampa by Section 4.01 of the Charter of the City of Tampa and the Laws of the State of Florida, I do hereby prescribe and promulgate the following: 1. That the current employee suggestion program is to remain. 2. That the Operations Review incentive program will be a new program. 3. That the Operations Review Team Oversight Group will be comprised of the Director of Internal Audit, the Director of Planning and Management, the Chief Administrative Officer, the Assistant to the Mayor and the Chief Accountant. 4. That the incentive will be calculated based upon cost savings or new revenue sources and will be awarded to the budget for the department, section, or group of sections and departments (divisions, etc.). That the amount of the cost savingslrevenue enhancement and incentive award will be determined by the Operations Review Team Oversight Group. Assistance in the analysis may be requested by the Oversight Group fiom the Internal Audit Department or other independent party. That the program will begin in 1998 and the incentive award will be awarded in fiscal year The incentive will be calculated and awarded on a one-time annual basis. The amount of the incentive will be twenty five percent (25%) of cost savings or new revenue if a single section, department, division etc. develop the savingslrevenue. This incentive will be increased to a total savings of thirty five percent (35%) to be shared among the respective sections should a group develop the savings/enhancements which cross divisioddepartment lines.

14 6. That the incentive may be expended in 1999 and later years for items that are agreed upon by an employeelmanagement team representing the departments, divisions and sections that developed the cost savingslrevenue enhancement. Authorized expenditures are to be of the nature that they enhance the work life of the group of employees and not an individual. Appropriate expenditures may include training costs, office or work-site equipment or computer equipment. This is not meant to be an all-inclusive list. Salary adjustments and bonuses are not authorized under this order. 7. That in addition every effort should be made by the Accounting and Budget Offices to "match" revenues to expenses by department, division etc. so that management and employees have a better opportunity to evaluate their programs and to help seek cooperative efforts among departments. 8. That this Executive Order shall take effect immediately. APPROVED BY:

15 Under and by virtue of the authority vested in me as Mayor of the City of Tampa by the Charter of the City of Tampa and the laws of the State of Florida, I hereby prescribe and promulgate the attached personnel policy: B23. CODE OF ETHICS Done this 18th day of September, 1998 City of Tampa -

16 City of Tampa Procedures and Standards I Personnel Manual B. DIRECTIVES AND BENEFITS B23. Code of Ethics B23.A PURPOSE To ensure the proper conduct and operation of the City through employment of individuals who are independent and impartial and that employment not be used for private gain or other renumeration. The public interest requires protection against any conflict of interest and establishment of conduct for employees in situations where conflicts may exist. No employee shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of the employeets duties in the public interest. As required by law, employees are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Employees are bound to observe in their official acts, the highest standards of ethics consistent with Florida law and the advisory opinions rendered with respect thereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government'must be of foremost concern. To affirm the City's agreement with and refer employees to Part I11 of Chapter 112 of the Florida Statutes, Section 8.07 and of the City of Tampa Chapter and Article VI of Chapter 2 of the City of Tampa Code. It is not the intent of this policy, nor shall it be construed, to prevent any employee from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge by the employee of employment duties with the City.

17 Personnel Manual IB. DIRECTIVES & BENEFITS 1 B23. Code of I I I I B23B. POLICY solicitation or Acce~tance of Gifts Ethics No employee shall solicit or accept anything of value, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the action of judgment of the employee would be influenced thereby. Doina Business With the Citv of Tamwa No employee in the course of employment duties shall either directly or indirectly purchase, rent or lease any realty, goods, or services for the City from any business entity of which the employee or the employee's spouse or child is an officer, partner, director, or proprietor or in which such employee or the employeets spouse or child, or any combination of them, has a material interest. Nor shall an employee acting in a private capacity, rent, lease or sell any realty, goods, or services to the City of Tampa. This provision shall not affect or be construed to prohibit contracts entered into prior to qualification for elective office; appointment to public office; or beginning employment with the City. Unauthorized Com~ensation No employee or the employeels spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when the employee knows, or, with the exercise of reasonable care, should know, that it was given to influence an action in which the employee was expected to participate in the employee's City employment capacity. isu use of Public Em~lovment No employee shall corruptly use or attempt to use his/her City employment position or any property or resource which may be within the employee's trust, or perform his/her duties to secure a special privilege, benefit, or exemption for himself/ herself or others. Conflictina Em~lovment or Contractual Relationshiw. No employee shall have or hold any non-city employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, the 1 I ISSUE DATE Sept. 18, 1998 * PAGE PAGES ~23.-2!F 6 I.+

18 B23C. Personnel Manual b. DIRECTIVES & BENEFITS I B23. Code of 1 I I Ethics I City division of which he/she is employed, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the City. Nor shall an employee have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his/her private interests and the performance of his/her employment duties or that would impede the full and faithful discharge of his/her employment. Disclosure or Use of Certain Information. No employee shall disclose or use information not available to members of the genera1 public and gained by reason of City employment for his/her personal gain or benefit or for the personal gain or benefit of any other person or business entity. Employees are responsible for awareness of any federal, state, and local laws and regulations of which adherence is required due to the nature of their City employment. Financial Disclosure Individual employees required to file financial disclosure are notified by the City Clerk and shall fulfill all reporting requirements. Further information regarding these requirements is provided by the City Clerk or City Attorney. Employees who are faced with any situation or action which may be construed as a conflict of interest must inform their department director. The department director shall contact the City Attorney for a determination. Failure of an employee to inform the department director or to proceed in the course of duties may result in dismissal and any penalties provided by state, federal or local laws or regulations. DEFINITIONS 1. "Breach of the public trustn means a violation of a provision of the State constitution, state standard of ethical conduct, a disclosure requirement, or a prohibition applicable to employees in order to avoid conflicts between public duties and private interests, including, without limitation, a violation of s. 8, Art I1 of the State Constitution. # ISSUE DATE Sept. 18, 1998 PAGE F! 6 PAGES 1 > i I #

19 Personnel Manual IB. DIRECTIVES & BENEFITS I B23. Code of 1 I I I Ethics aabusiness associateaa means any person or entity engaged in or carrying on a business enterprise with an employee as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or coowner of property. "ConflictM or "conflict of interestw means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest. wcorruptlyw means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public employee which is inconsistent with the proper performance of the employeefs public duties. I (a) Means that which is accepted by an employee or by another on the employeefs behalf, or that which is paid or given to another for or on behalf of an employee, directly, indirectly, or in trust for the employeefs benefit or by any other means, for which equal or greater consideration is not given, including: Real Property. The use of real property. Tangible or intangible personal property. The -use of tangible or intangible personal property. A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated non-city of Tampa government employees or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. Forgiveness of an indebtedness. Transportation, other than that provided to an employee by an agency in relation to officially approved governmental business, lodging, or parking. Food or beverage. Membership dues. Entrance fees, admission fees, or tickets to events, performances, or facilities. Plants, flowers, or floral arrangements. I ISSUE DATE t Sept. 18, 1998 PAGE OF 6

20 t Personnel Manual B. DIRECTIVES & BENEFITS B23. Code of Ethics 4 J 12) Services provided by persons pursuant to a professional license or certificate. 13) Other personal services for which a fee is normally charged by the person providing the services. 14) Any other similar service or thing having an attributable value not already provided for in this section. (b) "GiftN does not include: 1) Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the employee's employment, business, or service as an officer or director of a corporation or organization. 2) An award, plaque, certificate, or similar personalized item given in recognition of the employee's public, civic, charitable, or professional service. 3) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization. 4) The use of a public facility or public property, made available by a government agency, for a public purpose. 5) Transportation provided to an employee by an agency in relation to officially approved governmental business. 6) Gifts provided directly or indirectly by a state, regional,. or national 'organization which promotes the exchange of ideas between, or the professional development of, governmental officials or employees, and whose membership is primarily composed of elected or appointed public officials or staf f, to members of that organization or officials or staff of a governmental agency that is a member of that organization. (c) For purposes of paragraph (a) *tintangible personal propertytg means property as defined in s (11) (b). "Agencyw means any state, regional, county, local, or municipal government entity of this state, f ISSUE DATE Sept. 18, 1998 b PAGE

21 Personnel Manual B. DIRECTIVES f BENEFITS B23. Code of Ethics whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein; or any public school, community college, or state university. 6. "Indirecttt or indirect interestw means an interest in which legal title is held by another as trustee or other representative capacity, but the equitable or beneficial interest is held by the employee. 7. "Material interestn means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. For the purposes of this policy, indirect ownership does not include ownership by a spouse or minor child. 8. Waterially affectedw means involving an interest in real property located within the jurisdiction of the City of Tampa or involving an investment in a business entity, a source of income or a position of employment, office, or management in any business entity located within the jurisdiction or doing business within the jurisdiction of the City of Tampa which is or will be affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. 8 i ISSUE DATE Sept. 18, 1998 PAGE PAGES F 6, I >

22 EXECUTIVE ORDER NO Under and by virtue of the authority vested in me as Mayor of the City of Tampa by the Charter of the City of Tampa and the laws of the State of Florida, I hereby prescribe and promulgate the attached personnel policy: Z1. N 99 MANAGERIAL SALARY SCHEDULE Done this 18th day of September, 1998 City of Tampa

23 FY 99 Managerial Salary Schedule Range M -A M-B M-C M-D M-E M-F M-G M-H M-l M-J M-K M-L M-M Minimum , , , , , , ' , , , , , , , , , , , , , , , , , , , , Maximum Hourly* 2, Biweekly 63, Annually Hourly rales are indicated for computer and accounting purposes only

24 CITY OF TAMPA Dick A. Greco, Mayor * Under and by virtue of the authority vested in me as Mayor of the City of Tampa by the Charter of the City of Tampa and the laws of the State of Florida, I hereby prescribe and promulgate the attached personnel policy: 22.2 POLICE CAPTAIN SALARY SCHEDULE Done this 18th day of September, 1998 City of Tampa -

25 FY 99 Police Captain Salary Schedule Grade P-14 Captain Step 1 Step 2 Step Hourly' 3, Biweekly 79, Annually ' Hourly rates are indicated for computer and accounting purposes only.

26 CITY OF TAMPA Dick A. Greco, Mayor I EXECUTIYE ORDER NO. 9f~ 9 Under and by virtue of the authority vested in me as Mayor of the City of Tampa by the Charter of the City of Tampa and the laws of the State of Florida, I hereby prescribe and promulgate the attached personnel policy: 22.3 APPOINTED UNCLASSIFIED SALARY SCHEDULE Done this 18th day of September, City of Tampa

27 FY 99 Appointed Unclassified Salary Schedule Range AU 1 Minimum Maximum Hourly' 1, Biweekly 28, Annually AUS Hourly rates are indicated for computer and accounting purposes only.

28 EXECUTIVE ORDER Under and by virtue of the authority vested in me as Mayor of the City of Tampa by the Charter of the City of Tampa and the laws of the State of Florida, I hereby prescribe and promulgate the attached personnel policy: 22.1 SUPERVISORY AND PROFESSIONAL SALARY SCHEDULE Done this 18thday of September, 1998 /(Jc#& Di'ck A. Greco, Rayor City of ~ a m - ~ a

29 Supervisory and Professional, Administrative, Technical Pay Schedule Effective October STEP 1.O '+ 0 7 I 7 PI t.! PAF Hourly* weekly Bcweekly Annual

30 4- STEP O PAF U- 0 N I.-. N N Hourly* weekly Bi-weekly Annual

31 '4-0 m I - STEP 1 A O N PAF N 4- Sl4l Hourly* N , , , Weekly 1, , , , , , , , , , , , , , , , , , Biweekly 36, , , , , , , , , , , , , , , , , , , Annual

32 STEP 1.O PAF Hourly* N , , , , , , , , , , , , , , , , Weekly 1, , , , , , , , , , , , , , , , , , Bcweekly 49, , , , , , , , , , , , , , , , , , Annual * Hourly ntrr ara Indlcatod In the sllarln abova lor accounting rndlor emputor data procnslng purposes.

33 - DICK A. GRECO MAYOR EXECUTIVE ORDER NO. 98-1) WHEREAS, in order to insure that any person, affected adversely by a decision of the Department of Public Works concerning an activity associated with planning, design, bidding, construction, and post-construction activities of a "Local Agency Program" proposed by the Department of Public Works pursuant to an agreement between the City of Tampa and the Florida Department of Transportation, is afforded the opportunity to appeal such decision, it is necessary to promulgate written procedures for a dispute resolution process; NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Tampa by the Revised Charter of the City of Tampa of 1975 and the laws of the State of Florida, I hereby proscribe and promulgate the procedures attached hereto and by reference made part hereof and entitled: Department of Public works I I This Executive Order shall take effect immediately. I I IN WITNESS WHEREOF, this Executive dayof &+, PREPARED BY: I I

34 DEPARTMENT OF PUBLIC WORKS DISPUTE RESOLUTION PROCESS FOR LOCAL AGENCY PROGRAM PROJECTS Section 1. Any person affected adversely by a decision of the Department of Public Works (the "Department") concerning an activity associated with planning, design, bidding, construction, and post-construction activities of a "Local Agency Program" proposed by the Department of Public Works pursuant to an agreement between the City of Tampa and the Florida Department of Transportation ("Project") who desires to appeal such decision shall file with the Department Director (the "Director") a written notice of protest within five (5) business days after such decision is made public by the Department. Any notice of protest filed after such time shall not be considered by the Director. Section 2. A formal written protest must be filed with the Department within ten (10) days after filing the notice of protest. The protest must contain the following: the name and address of the petitioner; an explanation of how the petitioner's substantial interests will be affected by the Department's decision; a statement of when and how the petitioner received notice of the Department's decision; a statement of all disputed issues of material fact. petitioner must so indicate; If there are none, the a concise statement of the ultimate facts alleged, and the law entitling the petitioner to relief; a demand for relief to which the petitioner deems itself entitled; and any other information which the petitioner contends is material. Section 3. Within fourteen (14) days of receipt of the formal written protest, the Department, on its own initiative or upon request of the petitioner, shall provide an opportunity to settle the protest by mutual agreement. Section 4. If the protest is not resolved by mutual agreement as provided in Section 3, the Director shall set a hearing no earlier than fourteen (14) days after receipt of the formal written protest. At said hearing, the basis for the Department's decision shall be presented, and the petitioner shall have the opportunity to cross examine witnesses and to present evidence and testimony on its behalf. Within seven (7) days after the hearing, the Director shall render a written decision, including a summary of the factual, legal and policy grounds for such decision. Section 5. If the Director upholds the Department's decision, the petitioner, within ten

35 (10) days after the Director's decision is rendered, may request in writing a hearing before the Mayor or hislher designee by filing such written request with the City Clerk. Said hearing shall be held within fourteen (14) days of receipt of the request by the City Clerk. At said hearing, the basis for the Director's decision shall be presented, and the petitioner shall have the opportunity to cross examine witnesses and to present evidence and testimony on its behalf. The Mayor or hislher designee shall take final action on the petitioner's protest at the conclusion of the hearing based upon the evidence and testimony presented. Decisions of the Mayor or hislher designee shall be final, subject to the petitioner's right to appeal the decision of the Mayor or hislher designee to the Circuit Court of Hillsborough County, Florida and to pursue such remedies the petitioner has at law or in equity.

36 DICK A. GRECO MAYOR EXECUTIVE ORDER NO. qg' /A, AMENDING EXECUTIVE ORDER NO BY CORRECTING THE TITLE OF THE PROCEDURES SET FORTH THEREIN WHEREAS, the aforesaid procedures were incorrectly titled in Executive Order No and it is necessary to correct same. WHEREAS, it is necessary to amend Executive Order No for the purpose of changing the name of the procedures from "Department of Public Works" to "Department of Public Works Dispute Resolution Process for Local Agency Program Projects". NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Tampa by the Revised Charter of the City of Tampa 1975 and the Laws of the State of Florida, I do hereby prescribe and promulgate the procedures attached hereto and by reference made part hereof and entitled: "Department of Public Works Dispute Resolution Process For Local Agency Program Projects " Except as amended hereby, Executive Order No is reaffirmed in its entirety and shall remain in full force and effect. this Executive Order has beer~yomuwekhy me this J$Q, 1998.