10/13/2008
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WORK SESSION AGENDA
Council Chambers - City Hall
10/13/2008 - 1:30 PM
1. Presentations
1.1 Service Awards
@) Attachments
1.2 Tampa Bay Estuary - Fertilizer Presentation
I@l Attachments
1.3 2008 Florida Natural Gas Association (FNGA) Operating Person of the Year Award - Manny Pandelos
I@l Attachments
2. Fire Department
2.1 Award a contract (purchase order) for $155,407.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue
Drive East, Bradenton, FL for one (1) Medtec transport Ambulance in accordance with Sec. 2.564(1)(d),
Code of Ordinances-Other governmental bid, authorize lease purchase under the City's Master Lease
Purchase Agreement and authorize appropriate officials to execute same.(consent)
@) Attachments
3. Financial Services
3.1 Declare the attached list of computer equipment surplus to the needs of the City and authorize sale to the
highest bidder, and authorize the appropriate officials to execute same. (consent)
I@l Attachments
4. Gas System
4.1 Approve new gas utility rates to become effective for all gas bills and services rendered on or after
January 1,2009, and pass Ordinance 7998-08 on first reading.
I@l Attachments
5. Human Resources
5.1 Amend and restate the City of Clearwater Premium Payment Plan document, establish a separate
Cafeteria Plan document and pass Ordinance 8018-08 on first reading.
@) Attachments
5.2 Approve the Second Restatement of the City of Clearwater Money Pension Purchase Plan document and
pass Ordinance 8017-08 on first reading.
@) Attachments
5.3 Authorize a contract with CIGNA for health insurance under a fully insured funding arrangement for the
contract period of January 1, 2009, to December 31, 2009, at a total cost estimate of $17.4 million which
includes estimated City ($11 million), employee ($4.9 million), and retiree ($1.5 million) premiums.
I@l Attachments
6. Parks and Recreation
6.1 Approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City
of Clearwater, Florida, between the City of Clearwater and Clearwater Country Club Management, Inc.
(CCC) pursuant to the City's acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the
appropriate officials to execute same.
I@l Attachments
6.2 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation
of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on
Clearwater Beach, Island Estates and Sand Key and suthorize the appropriate officials to execute same.
(consent)
I@l Attachments
7. Solid Waste/General Support Services
7.1 Award a contract (purchase order) for $411,264.00 to Duval Ford of Jacksonville, Florida for (16) Ford
Crown Victoria Police Crnisers in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other
governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and
authorize appropriate officials to execute same.
@) Attachments
8. Engineering
8.1 Approve a one-year $290,000.00 blanket purchase order to ITT Water & Wastewater of Tampa, Florida,
for Flygt Pumps, replacement parts and factory authorized service and authorize the appropriate officials
to execute same. (consent)
@) Attachments
8.2 Accept a 2,592 square foot perpetual Fire Hydrant and Utility Easement over, under and across a portion
of Lot 11, Block C, COACHMAN HEIGHTS REPLAT, conveyed by Clearwater Hospitality Properties,
LLC, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent)
I@l Attachments
8.3 Continue the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along
the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block" J", Belmont Second Addition,
(a.k.a. 801 Howard Street) to November 18, 2008.(V AC2008-02 Eggers-City of Clearwater)
I@l Attachments
8.4 Amend that certain Temporary Constrnction Easement dated August 3,2007 conveyed to Florida Gas
Transmission Company over and across portions of the West 1/2 of Section 8, Township 29 South, Range
16 East, to extend the term thereof from October 15,2008 until August 15,2009, with all other terms and
conditions remaining unchanged and in full force and effect, and authorize appropriate officials to execute
same. (consent)
@) Attachments
8.5 Accept a perpetual Sidewalk Easement over, under and across a portion of Lot 8, CLEARWATER
INDUSTRIAL PARK, conveyed by the Church of Scientology Flag Services Organization, Inc., given in
consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent)
I@l Attachments
8.6 Approve a contract to Gulf Coast Contracting, LLC of Tarpon Springs, Florida, for the preparation and
painting of Reservoirs 1 and 3 Ground Storage Tank (GST) Coating Project (08-0031- UT) in the amount
of $114,840.00, which is the lowest responsible bid in accordance with specifications, and authorize the
appropriate officials to execute same. (consent)
I@l Attachments
8.7 Accept a 73.05 square foot perpetual Signal Utility Easement conveyed by Water's Edge Condominium
Association of Clearwater, Inc. over, under and across a portion of Lot 1, Block A, JOHN R. DAVEY
SUBDIVISION, given in consideration of receipt of $1.00 and the benefits to be derived therefrom.
(consent)
@) Attachments
9. Planning
9.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Density Residential (LDR) District for 1202 Keene Road (Lot 7, Block B, with
that portion of the vacated street to the North per O.R. Book 5408, Page 1481, Oak Acres Addition,
according to the map or plat thereof as recorded in Plat Book 32, Page 70, Public Records of Pinellas
County, Florida) together with the abutting right-of-way of Keene Road; and Pass Ordinances 8000-08,
8001-08 and 8002-08 on first reading. (ANX2008-07013)
I@l Attachments
9.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 1705 Grove Street (Lot 29,
Block 2, Virginia Grove Terrace First Addition, together with the abutting right of way, as well as the
Grove Drive right-of-way adjacent to 1709 Grove Drive and 2770 State Road 590; and Pass Ordinances
8008-08,8009-08 and 8010-08 on first reading. (ANX2008-08014)
@) Attachments
9.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 1219 Union Street (Lot 11,
Block A, CLEARDUN), together with the abutting one-half of the right-of-way of Union Street; and Pass
Ordinances 8011-08, 8012-08 and 8013-08 on first reading. (ANX2008-08015)
@) Attachments
9.4 Continue Public Hearing and 1st reading of Ordinance for Rezoning of 2855 Gulf to Bay Blvd. to
November 6,2008. (REZ2008-07007)
I@l Attachments
9.5 Approve amendment to the Community Development Code to allow a reduced parking requirement for
changes of use within the Downtown (D) District where there are no existing parking spaces or available
land for their constrnction, and Pass Ordinance 7999-08 on first reading.
I@l Attachments
10. City Manager
10.1 Report on Negotiations regarding Public - Private Beach Parking Garage
@) Attachments
11. Official Records and Legislative Services
11.1 Approve the 2009 Council Meeting Calendar. (consent)
I@l Attachments
11.2 Appoint one member to the Municipal Code Enforcement Board.
@) Attachments
12. Legal
12.1 Adopt Ordinance No. 7945-08 on third reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property whose post
office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed
parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02,
32/03 and 32/07, in Section 22, Township 29 South, Range 15 East, from Residential Urban (RU) and
Institutional (I), to Residential Low Medium (RLM).
I@l Attachments
12.2 Adopt Ordinance No. 7946-08 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830
Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of
property located in Metes and Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range
15 East, from Institutional (I) to Medium Density Residential (MDR).
I@l Attachments
12.3 Approve Amendment of Joint Motion for Entry of Final Judgment and corresponding Final Judgment in
the case of Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-
15. (consent)
I@l Attachments
13. City Manager Verbal Reports
13.1 City Manager Verbal Reports
I@l Attachments
14. Council Discussion Items
14.1 Letter from Alcalde and Fay
@) Attachments
14.2 Letter from the Environmental Advisory Board
I@l Attachments
15. Other Council Action
15.1 Other Council Action
@) Attachments
16. Adjourn
17. Presentationes) for Council Meeting
17.1 Representative Bill Heller - End of Session Report
@) Attachments
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Theodore Rudawsky
Rick Wiersch
Michael Franco
Vincent Jones
Timothy Smith
Jeffrey Mahar
10 Years of Service
Timothy Kurtz
Jeffrey Adkisson
Albert Granville
Gerald Theisen
Karl Wassmer
20 Years of Service
James Steffens
Patricia Lafferty
25 Years of Service
Dwayne Vaughan
Rebecca Wogoman
35 Years of Service
Elizabeth Khan
Employee of the Month
Creighton Harvey
Parks & Recreation
Parks & Recreation
Development Services
Solid Waste
Parks & Recreation
Parks & Recreation
Engineering
Police
Police
Parks & Recreation
Police
Police
Gas
Fire
Library
Parks & Recreation
Gas
Meeting Date: 10/13/2008
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) Clerk
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Tampa Bay Estuary - Fertilizer Presentation
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 2
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
2008 Florida Natural Gas Association (FNGA) Operating Person of the Year A ward - Manny Pandelos
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 3
Attachment number 1
Page 1 of 2
NOMINA TION OF
MANUEL N. (MANNY) P ANDELOS
2008 DONALD L. NAPIER NATURAL GAS OPERATING PERSON OF THE
YEAR AWARD
Manny Pandelos is nominated for the 2008 Donald L. Napier Natural Gas Operating
Person of the Year Award for his 27 plus years of truly outstanding and dedicated service
to the City of Clearwater, the customers of Clearwater Gas System and the Natural Gas
Industry in Florida.
Manny Pandelos began his service with the City of Clearwater and Clearwater Gas
System as a Gas Welder II on February 17, 1981, and steadily progressed to his current
position of Gas Specialist/W elder in the Distribution Section of Clearwater Gas System.
Manny is without a doubt a truly outstanding and dedicated employee who always puts
"SAFETY FIRST" while insuring that other employees are also always SAFETY
CONSCIOUS. Manny is respected by all for his willingness to assist others in his role as
a gas specialist, consulting on training, reviewing new tools, programs, equipment and
safety gear. Manny is also involved in the repair of underground gas leaks, the placement
of new gas mains and other facilities into service on the Clearwater Gas System
Distribution System. Because of his vast field expertise, Manny is often called upon to
assist in performing on-site inspections related to Abnormal Operating Conditions and
taking the necessary steps with our customers, homeowners, businesses or City-
staff/regulatory authorities to resolve outstanding issues many of which are time sensitive
or impacting on PUBLIC SAFETY.
As a gas licensed contractor Manny assists our primary trainer on specialized gas
distribution, gas technical, and Operator Qualification training to include the
development of modules, creating hands-on simulations and creating training
presentations. He also facilitates individual and group training and maintains training
records and professional development documentation for Clearwater Gas System
employees. Clearwater Gas System relies heavily on Manny and his vast experience in
welding as demonstrated when he fabricated two (2) interconnects with TECO/Peoples
Gas, which are now operational in Pasco County and at the end of our southern most
boundary at Redington Beach. The fabrication of these interconnects saved Clearwater
Gas System thousands of dollars while substantially improving the reliability of our gas
distribution system. When Manny welds or fabricates something it done professionally
and demonstrates the work of a true craftsman!
Over the past 27 plus years of truly outstanding and dedicated service, Manny has
demonstrated that he is a "Team Player" and an outstanding Gas Specialist who always
goes the extra mile to get the job done while and getting along with his fellow employees
and supervisors. Manny is always willing to respond to requests for assistance from
citizens, customers, fellow employees, or outside agencies while insuring that Clearwater
Item # 3
Attachment number 1
Page 2 of 2
Gas System requirements are met. Manny often assists with community events such as
Paint Your Heart Out Clearwater and other community projects in the Clearwater Gas
System operating area.
We are honored to nominate Manny Pandelos for the 2008 Donald L. Napier Natural Gas
Operating Person of the Year Award for his truly outstanding and dedicated service to the
City of Clearwater, the customers of Clearwater Gas System, and the Natural Gas
Industry in Florida.
Item # 3
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) for $155,407.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL for one
(1) Medtec transport Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances-Other governmental bid, authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same.(consent)
SUMMARY:
This ambulance will be purchased through the Florida Sheriffs Association and Florida Association of Counties Contract 07 -07-
0828 quote dated September 22, 2008.
Lease purchase funding in the amount of $140,000.00 for the purchase of one vehicle is budgeted in capital improvement project 316-
91236, Rescue Vehicles. A first quarter-year budget amendment will reflect an increase of $15,407 in lease purchase financing to this
project to provide for the balance of this contract. Debt costs on the additional funds will come from operating savings within the
department.
This vehicle will replace one existing rescue vehicle, which the department will request to be declared surplus.
Estimated annual operating costs budgeted in the department's operating budget include debt costs of $44,526 and garage charges for
operating and maintaining the vehicle. Garage charges on the new vehicles are expected to be less than the vehicles being retired.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
316-91236
Lease Option
Yes
Budget Adjustment:
Yes
35,895.00
Annual Operating Cost:
Total Cost:
44,526.00
155,407.00
10/01/08 to 09/31/09
Amount
155,407.00
Appropriation Comment
Bid Required?:
Other Bid / Contract:
Yes
Bid Number:
Bid Exceptions:
None
07/07/0828
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Financial Services 7) Clerk 8) City
Manager 9) Clerk 10) City Manager 11) Clerk
Cover Memo
Item # 4
Attachment number 1
Tuesday, September 2, 2008
Steve Strong, Division Chief Support Services
Clearwater Fire Department
610 Franklin Street
Clearwater, FL 33756
The undersigned is prepared to manufacture for you, upon an order placed by you, for final
acceptance by Medtec Ambulance, at its home office in Goshen, Indiana, the apparatus and
equipment herein named and for the following prices:
Description Unit Price Total Price
One (1) Medtec Ambulance Model AD-170 on a 2008
Ford 650, Stock Unit 7718
Per Florida Sheriffs Bid #07-07-0828
Includes: Shoreline 20 amp Auto Eject, Cargo Net
Opticom 3M-792, Stainless Steel Counter Tops, Vanner
Inverter Battery Charger #20-1050 CUL
Paint - Lower Half Red, Upper Half White on Chassis
Module Red with white roof
Lettering Not Included
$155,407.00 $155,407.00
Total Price $ 155,407.00
Said apparatus is to be shipped in accordance with the specifications hereto attached, delays due to strikes,
war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing,
within about 45 days after receipt of signed written order at our office at Goshen, Indiana, and receipt of chassis, to
be delivered to you at Clearwater, Florida.
The specifications herein contained shall form a part of the final contract, and are subject to changes desired
by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to
purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus.
The proposal for emergency medical apparatus conforms to all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and all (KKK-A-1822F) Federal Specification for Star of Life
Ambulance and (AMD) Ambulance Manufactures Division Guidelines for Automotive Emergency Medical Apparatus as
published at the time of bid, except as modified by customer specifications. Any increased cost incurred by first party
because of future changes in or said DOT, KKK or AMD standards will be passed along to the customer as an addition to
the price set forth above.
Unless accepted within 45 days from date, the right is reserved to withdraw this proposal.
Medtec Amb~lance Corporation
By
Attachment number 2
Page 1 of 14
QUOTATION
Ten-8 Fire Equipment, Inc.
Medtec Stock 2008
Quote For:
Medtec Stock 2008
7716,7717,7718
Exp. Date: / /
09/22/2008
Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 1
PART NO S DESCRIPTION QTY
== AD-170F 170" x 96",Type 1- 507.400 04/11/07 ==
2007 Base Conversion, AD-170, Type I AD
10-02-0800
11-06-1300
12-00-2700
12 -02 -0200
12-04-0010
12-08-2000
12-13-1800
14-02 -0000
14-08-0600
14-18-1600
14-24-0400
16-02 -0000
16-02 -0800
16-02-2000
16-12-0400
16-14-0400
72" Headroom (AD-170F)
EXTERIOR "A" COMPARTMENTS - RIGHT SIDE (72" HR) AD-170F
LOCATION: Exterior compartments, passenger side.
Type I, Class I, MD, Two-Door Cab/Chassis Tech Requirements
* * * CHASSIS MAKE & MODEL * * *
No Export Chassis Requirements
Ford F 650 Cab/Chassis, 4 x 2, 2008, AD 170
182 inch Wheelbase.
108"CA.
20,000# GVWR
Front GAWR- 8500#
Rear GAWR-12,000#
Exhaust, Frame Mounted, Right Side Back of Cab
Front License Plate Bracket
Alternator, 270 Amp Leese-Neville
Batteries, (3) Motorcraft, 900CCA
S Rear Air Ride System With Lowering Kit, Kelderman
FOR THE F-650 CHASSIS
- Low PSI light in front switch panel.
- Dump automatically activated by the streetside rear entry door.
- Dump cancel switch beside curbside rear entry door
* * * CHASSIS COMPONENTS * * *
Fuel System Capacity, 45 Gallon, FMVSS 301
No Sway Bars Required (AD-166/170)
Ford Electric Throttle, OEM Preset RPM
* * * CHASSIS INTERIOR COMPONENTS * * *
Driver's Compartment Appointments, Ford F
OEM AM-FM Radio & CD - Standard location
Bulkhead Cab Wall, OEM Wall To Match Dash
Cab Sign, "No Smoking, Oxygen Equipped" & "Fasten Seatbelts"
PDF created with pdfFactory trial version www.pdffactory.com
09/22/2008
Attachment number 2
Page 2 of 14
Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 2
PART NO S DESCRIPTION QTY
INSTRUCTION; (1) on top of floor console, at rearward edge, toward walkthru.
16-16-0600
16-21-0000
16-24-0200
18-06-0400
18-12-0200
20-02-0700
20-06-0200
20-08-0600
21-02 -0000
22 -02 -0600
22 -04-1000
24-02-2100
24-12-0400
26-10-0400
Cab Flooring, Ford, OEM Rubber
INSTRUCTION: Install rubber flooring in chassis cab.
Battery Switch - TST Commander 350 With 5 Minute Timer
Summer Switch for Block Heater, Behind Driver's Seat
* * * CHASSIS EXTERIOR ACCESSORIES * * *
Wheel Simulators, Dicor - Stainless Steel
Tire Fill Extensions (4) Dicor, For Rear Inside/Outside Tire
* * * 12 VOLT ELECTRICAL SYSTEMS AND COMPONENTS * * *
Standard Electrical System, F
Wiring Module, Angled Electrical Cabinet
Install and Label Breakers Behind the Driver's Seat
Portable Equipment Charging Circuits
INSTRUCTION:
(1) 20 amp circuit breaker.
Run power wires from drivers seatbase to:
(1) Circuit (power & ground) to front console -
labeled on both ends: "Portable Equipment Charging Circuit".
(1) Circuit (power & ground) to behind rear switch panel -
labeled on both ends: "Portable Equipment Charging Circuit".
(Requires optional inverter or battery charger for full function.)
Sequencer / Load Manager, Main Master Emergency Functions
INSTRUCTION:
Medtec sequencer and load manager.
Standard shedding sequence.
Front Console, Center Cab Mount
INSTRUCTION:
Install standard floor-mounted console.
Install Rocker style switch panel in dash.
(3) Batteries, 2700 CCA
INSTRUCTION:
All (3) OEM batteries in the driver's side cab step.
Outlets, (2) - 12 Volt, Cigarette Style, ALS & 1st AA
INSTRUCTION:
(1) in ALS cabinet
(1) on 1st action area wall
SEE PRINTS
Shoreline, 20 Amp, Twist-Lock, On Driver's Side
INSTRUCTION:
(1) 115 volt 20 amp. (60Hz) twistlock power inlet.
Water-tight cover.
Ship loose mating plug.
Item # 4
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09/22/2008
Attachment number 2
Page 3 of 14
Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 3
26-16-2600
PART NO S DESCRIPTION QTY
26-22-0500
28-02-0200
28-06-1600
28-14-0200
30-03-1000
30-09-0200
30-12-0000
30-16-4200
30-18-0000
30-18-2000
30-30-0000
30-30-0200
32 -02 -0000
32-02-3800
Outlets, (3) Interior, 115 Volt AC
LOCATION:
(1) in ALS cabinet
(1) in 1 st action area
(1) in 2nd action area
SEE PRINTS
Spotlight, (1) Optronics "BlueEye 4000",Hand-Held, Hard Wire
LOCATION:
Wired to passenger side of dash.
SHIP LOOSE HANGING HARDWARE.
* * * AUDIO WARNING DEVICES * * *
Siren, SVP #SS730
Speakers, Bumper Mounted, SA4305-97F-1
Backup Alarm, Preco #230 With Auto Reset Switch
INSTRUCTION:
(1) Automatic reset cancel switch, mounted in front switch panel.
* * * VISUAL WARNING DEVICES * * *
Clearance Lights, LED, (11) With Chrome Bezel
INSTRUCTION:
(4) lights - two on each side, of upper body corner extrusions.
(5) on the rear and (2) on the front, upper body extrusions.
Lights, Whelen 600 LED, Stop/Tail/Turn With Arrow
LOCATION:
With Flanges.
Backup lights - halogen.
Lights on rear of module box and kickplate standard location.
SEE PRINT
CHASSIS GRILLE LIGHTS
S Grille Lights, (2) Whelen 400 LED, Red and Clear Lenses
INSTRUCTION:
With Flanges.
INTERSECTION LIGHTS
Intersection Lights, (2) Whelen 400 Super LED Linear 12, Red
INSTRUCTION:
With Flanges.
L1GHTBARS - FRONT OF VEHICLE
Front Lightbar, 58" Code 3 MX-758A2 - Wedge Bracket Mount
INSTRUCTION:
Mounted on front of module box with aluminum wedge brackets.
Lens Colors: R/C/C/R
(1) switch in front switch panel.
FRONT OF BODY LIGHTS
Frt Bdy Lgts,(3)Whelen 900 (2)Super LED (1)Hlgn,R/C/R W/Flng
INSTRUCTION:
With Flanges
Item # 4
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09/22/2008
Quote No: 10140-0001 / Job/Order No: 7716-7718
Attachment number 2
Page 4 of 14
PART NO S DESCRIPTION QTY
Page 4
32 -12 -0000
32-16-1200
32-18-0100
32-22-0000
32-22-0700
32-24-0200
34-02 -0000
34-06-1800
34-08-0500
34-38-0200
36-14-0400
40-02-1400
40-07 -0200
40-08-1000
(2) LEO - Red lenses on upper front corners.
(1) Halogen - Clear lens on upper front center.
SIDE OF BODY WARNING LIGHTS
Side Body Lights, (4) Whelen 900 Super LEO, Red With Flange
LOCATION:
With Flanges
(2) Streetside
(2) Curbside
Side Turn Lights, Whelen 700 Incandescent - With Flange
INSTRUCTION:
With Flanges.
Red Lenses.
(1) Each side of body at rear.
Steady burn with DOT lights.
Flash with turn signals.
SIDE SCENE LIGHTS
Scene Lights, (4) Whelen 900 Opti-Scene 8-32 degree (Flange)
INSTRUCTION:
With Flanges.
(2) Streetside
(2) Curbside
(1) switch in front switch panel, for each side.
Scene Light Activation - Standard
INSTRUCTION:
Curbside scene lights to activate with side entry door.
Rearmost scene lights to activate in reverse.
REAR BODY LIGHTS
Rr Bdy Lgts, (3) Upper, Whelen 900 Super LEO, R/A/R W/Flange
LOCATION:
With Flanges
(2) Super Red LEOs/Lenses on rear upper corners, of module box.
(1) Super Amber LEO/Lens on rear upper center, of module box.
Load Lights, (2) Upper, Whelen 900 Opti-Scene With Flanges
INSTRUCTION:
With Flanges
Above rear entry doors.
Activate with rear entry doors and reverse.
(1) On/ off switch in the front switch panel.
Warning Light Flash Requirements, "E-Spec" Flash Pattern
C-Channel Rubrail Lights, (6) Whelen Strip-Lite LEO Red Lens
INSTRUCTION:
(3) Whelen LEO Strip-Lites shall be mounted in the rub rails, on each side of the unit.
* * * BODY DESIGN AND CONSTRUCTION COMPONENTS * * *
Body Design & Construction, Alum, 170" Lx 93.5" H x 96"W
Compartment & Entry Doors With Recessed Door Liner
Exterior Compartment Depth, 20.75"
Item # 4
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Page 5 of 14
Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 5
40-10-0200
PART NO S DESCRIPTION QTY
40-12-0300
40-12-1200
40-14-0200
40-18-0600
40-20-6200
40-26-0800
40-32-0200
42-04-3000
42-08-0200
42-10-2600
42-12-0200
42-16-4100
42-18-0200
44-04-7100
44-06-1000
44-12-3600
44-14-3000
44-15-0000
44-16-1200
44-28-1900
Insulation, Dolphin Protective Coating, Reflectix Dual Bubble
INSTRUCTION:
3/8" Reflectix dual air bubble core insulation on walls and ceiling.
Vapor Barrier, .090 aluminum
LOCATION:
Between the floor and the 2" x 2" floor tube structure
Fender Insulator, Flash Patch Liner, Over Rear Wheelwells
Cab Connection, Neoprene Gasket w/Grade 8 Bolts
INSTRUCTION:
(25) 1/4" Grade 8 bolts & lock washers
Body Mounting, Isomount Technique, 3/4" x 6" Alum, 16-Bolt
INSTRUCTION:
3/4" x 6" alum plates, sixteen (16) bolts.
Bolts and paired rubber isolators with steel cap and collared
mounting nut for each chassis mounting point.
EXTERIOR "B" COMPARTMENTS - LEFT SIDE (72" Headroom)170F
LOCATION:
Exterior compartments, driver side.
01, Exterior Compartment, 23" W x 84" H
01, Door, Solid, Vertically Hinged
02, Exterior Compartment, 49" W x 33" H
02, Doors, Double, Solid, Vertically Hinged
03, Exterior Compartment, 41 3/8" W x 9" H, Wheelwell (AD)
03, Door, Solid, Mounted to Tray, "For Drawer"
04, Exterior Compartment, 37" W x 65" H (Inside/Outside)
INSTRUCTION:
A notch in the upper left corner, to accommodate 2nd action area.
Notch to be approximatly 7" from the left side and 24" from the top of the compartment. This
compartment to have inside/outside access.
04, Doors, Double Solid, Vertically Hinged
P1, Exterior Compartment, 21" W x 66" H, ALS
P1, Door, Solid, Vertically Hinged
Side Entry Door, 32" W x 74" H With Fire Grade ADP Step
NOTE: FIRE GRADE ADP DUAL SIDE ENTRY DOOR STEP on the F-450, F-650, C4500, Intl. 4300LP, and FL
M2
Door Panel, Side Entry, Three-Piece, Formica
INSTRUCTION:
Upper - Formica
Center - Stainless
Lower - Formica
Formica color to match interior.
Stepwell Light, Whelen 4" Round LED with Chrome Flange
Assist Handle,Brey Krause, Side Entry, 1.25" 0.0. x 45 Deg
LOCATION:
Interior of side entry door.
P4, Exterior Compartment, Not Required At This Time
Item # 4
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Page 6 of 14
Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 6
44-32-2800
PART NO S DESCRIPTION QTY
44-34-0200
48-12-0000
48-12-1000
48-14-3000
48-16-0800
49-00-0000
49-02-0200
49-04-0200
50-00-0500
50-02-0200
50-02 -0600
50-03-0000
50-04-0400
50-06-0000
P5, Exterior Compartment, 21" W x 84" H
INSTRUCTION:
Compartment walls lined with smooth aluminum and rubbermatted.
P5, Door, Solid, Vertically Hinged
* * REAR BODY PATIENT ENTRY DOORS * *
Rear Entry Doors, 50" W x 63" H, Dual Tri-Mark Handles
INSTRUCTION:
Driver side - non-locking.
Passenger side - locking.
Door Panel, Rear Entry Doors, Three-Piece, Formica
INSTRUCTION:
Upper - Formica
Center - Stainless
Lower - Formica
Formica color to match interior.
Assist Handle,Brey Krause, Rear Entry, 1.25" x 45 Degree
LOCATION:
Interior of rear entry door.
* * WINDOWS * *
Sliding Window, Side Entry Door, OEM Tinted Glass
INSTRUCTION:
(1)20"Wx19"H
Fixed Windows, Rear Entry Doors, OEM Tinted Glass
INSTRUCTION:
(2) 20" W x 19" H
* * * EXTERIOR COMPARTMENT COMPONENTS * * *
Exterior Compartments, ADP With "Sweep Out" Design
ADP construction with sweepout on floor except rubberlined backboard compartment will have
smooth aluminum.
Exterior Compartments, Gas Charged Door Hold Opens
LOCATION:
On exterior compartment doors.
Spring cam hold open on side entry door.
Open greater than 90 degrees were applicable.
Exterior Compartment Doors, Tri-Mark Handles
INSTRUCTION:
Tri-Mark paddle latches keyed alike.
Exterior 02 Vent - On 02 Compartment Door
INSTRUCTION:
(1) #10310/2 vent - exterior compt. door - of 0/2 compt.
(1) small black plastic vent - interior of compt. door on door liner.
Exterior Compartments, Black Dri-Deck On Floor & Shelves
Rear Door Grabbers, Cast Products "Grabber"
INSTRUCTION:
Item # 4
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Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 7
PART NO S DESCRIPTION QTY
Bottom of rear entry doors.
50-06-0400
50-08-0200
50-10-0200
50-14-0200
50-16-1700
50-18-2400
50-24-0600
50-27-0400
50-32-0800
50-34-0600
50-36-0800
50-38-0600
50-40-2400
50-42-2800
50-44-0200
50-46-0800
50-48-0200
50-50-0200
52-03-0100
52-05-0200
52-06-0200
52-11-0600
Door Seals, Automotive Closed Cell Gasket
LOCATION:
Exterior compartments & entry doors
Exterior Compartment Lights, Litco
INSTRUCTION:
Activated by compartment doors.
01, (1) 02 Tank Mount, Stainless Steel Rings - "M" Cylinder
INSTRUCTION:
Adjustable
02, (1) Adjustable Shelf
04, (1) Adjustable Shelf
P5, (2) Vertical Backboard Dividers, Line-X Coated
LOCATION:
Left side & right side of P-5 compartment.
Grab Rail, 16" - To The Left Of Side Entry Door
Weld & Finish Side Seams
Bumper, Rear With 7" Diamond Back Flip Step
Bumper Pods, Cast Aluminum With Logo
Rear Kick Plate, Stainless Steel Above Rear Bumper Step
Kickplate runs hinge to hinge width below rear entry doors.
Body Protection, Rear Mudflaps & "C" Channel Rubrails
"Pierce" style "C" channel rubrails.
Standard Driver and Passenger Step Under Cab Door - F650
Stoneguards, Stainless Steel, 21" Front - 16.5" Rear
Fenderettes, Rear, Stainless Steel
License Plate Holder #LP0002-1, Recessed On Driver's Side
LOCATION:
With (2) top lights.
Rear drivers side, below turn signal.
Mudflaps On Rear, With Manufacturer's Logo
Ziebart Undercoating, Chassis & Body (Standard)
* * * INTERIOR PATIENT COMPARTMENT COMPONENTS * * *
No Combination/Push Button Lock Required
Cabinet Glass - Smoked Acrylic 1/4" Plexiglas
Stainless Steel Round Locking South Co Latches, Standard
INSTRUCTION:
All interior cabinet doors to have, stainless steel round locking SouthCo latches.
Cabinetry, Patient Compt, Wood With Formica (Radius)
INSTRUCTION:
-- 5" RADIUS CORNERS --
Corner on ALS cabinet.
Corners of upper streetside cabinets.
Corner on squad overhead cabinet.
Item # 4
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Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 8
52-28-0600
PART NO S DESCRIPTION QTY
52-32-0200
52-36-0600
52-54-2200
52-60-0400
53-02-1200
53-03-0200
53-06-0200
53-33-0200
54-02-3800
54-04-0200
54-12-0200
54-16-2000
Dome Lights, (6) + (2) 39" Fluorescents
INSTRUCTION:
(2) - 3 position switches in the rear switch panel (1) for each bank of dome lights.
A three-minute time delay system activated by the patient entry doors.
(2) Thinlite brand 39" fluorescent lights to be installed.
(1) On/off switch in the rear switch panel, for both fluorescent lights.
Ceiling In Patient Compt, Pads Over Center Access
INSTRUCTION:
The ceiling to have access to antennae bases/leads.
Covered by center ceiling pads.
Thinlite Light, 18" - Surface Mount In 1 st Action Area
Flooring, With 5" Roll-up
Rear Threshold, 6" Wide Stainless Steel With 2" Skid tape
INSTRUCTION:
6" wide stainless steel threshold with 2" wide
skid tape covering the threshold screw heads.
* * *INTERIOR COLOR SECTION * * *
Formica Color, Fog (#961) (Grey)
Matte Formica Finish
Flooring Color, Mica #421, LonPlate II (Silver)
Upholstery Color, Ash #MV101 (Grey)
* * * STREETSIDE CABINETS - PATIENT COMPARTMENT * * *
Sect 1 - 1st Action Area With 3/4" Lip
Sect 1, Action Area Control Panel, 30 Degree Angled Cabinet
INSTRUCTION:
Rocker style switch panel.
Angled switch panel @ 30 degree angle in upper part of 1st action area.
Sect 1, Trintec Clock, 3.5" Battery Operated, 1 st AA Angled
INSTRUCTION:
Install 3.5" battery operated Trintec clock mounted in the angled area, forward of the 1st action area
switch panel.
Sect 1, 1 st Action Area Overhead Cabinet
INSTRUCTION:
Fixed center divider and (1) adjustable shelf on each side.
Item # 4
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Quote No: 10140-0001 / Job/Order No: 7716-7718
Page 9
54-18-0200
PART NO S DESCRIPTION QTY
54-20-0200
54-26-4500
54-36-1600
54-38-0200
54-40-0200
56-02-0400
56-04-0200
56-06-0200
56-08-0200
56-26-0400
58-02-0800
58-04-0200
58-06-0200
58-08-1000
58-30-0200
58-32-0200
Sect 1, Sliding Plexiglas Doors On Overhead Cabinet
LOCATION:
On the cabinet above 1st action area.
Sect 1, Handles, Full Length Aluminum
LOCATION:
On the cabinet above 1st action area.
Sect 1, Writing Drawer, Standard
INSTRUCTION: Fab Part #1005643
Writing drawer below 1st action area.
Chrome "C" handle with SouthCo grabber catch to keep closed.
Sect 1, Cabinet Below 1 st AA
INSTRUCTION:
(1) cabinet below the 1st action area, in the forward position.
Sect 1, Sliding Plexiglas Doors On Cabinet Below 1 st AA
Sect 1, Handles, Full Length Aluminum
LOCATION:
On the cabinet below 1st action area.
Sect 2, Sharps & Waste Compartment - Tilt Out
INSTRUCTION:
Rearward of the CPR seat with Round locking SS South co latch & holdopen.
Sect 2, Double Cabinet Above CPR Seat
Sect 2, Flip-up Plexiglass Doors On Cabinet Above CPR
Sect 2, Handles, Chrome "C" With Mini-strut Holdopens
LOCATION:
On cabinet above CPR seat.
Sect 2, 2nd Action Area With 3/4" Lip
Sect 3, Rearward Overhead Cabinet
INSTRUCTION:
Fixed center divider and (1) adjustable shelf on each side.
Sect 3, Sliding Plexiglas Doors, Rear Overhead Cabinet
Sect 3, Handles, Full Length Aluminum
LOCATION:
On the upper rear streetside overhead cabinet.
Sect 3, Lower Rear Streetside Cabinet, (Inside/Outside)
INSTRUCTION:
Inside/outside access into 0-4 compartment.
Off set in 0-4 for 2nd action area.
Sect 3, Plexiglas Doors, Double Sliding
LOCATION:
Lower rear streetside main cabinet.
Sect 3, Handles, Full Length Aluminum
LOCATION:
Item # 4
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Quote No: 10140-0001 I JoblOrder No: 7716-7718
Attachment number 2
Page 10 of 14
Page 10
PART NO S DESCRIPTION QTY
Lower rear streetside main cabinet.
58-46-0400
60-02-0200
60-02-0800
60-04-0200
60-08-0200
60-11-0200
60-12-0600
60-14-0800
63-44-0200
Sect 3, LIS Exhaust Fan, 6" W x 8" H, 240 cfm Air Flow
INSTRUCTIONS:
Install (1) standard exhaust fan - streetside rear.
Install a fan speed switch in rear switch panel.
* * * BULKHEAD COMPONENTS * * *
B1, LIS, Oxygen Compt, Interior Access With 0/2 View Window
INSTRUCTIONS:
Hinged plexiglas door for 0/2 view into D-1 compartment.
B1, LIS, Electrical Cabinet, Angled
INSTRUCTION:
An angled cabinet shall house the electrical components.
B1, Electrical Cabinet Door wlRound Locking SS South co Latch
INSTRUCTION:
Door vented at the top and the bottom.
B1, Thermostat, Digital, Pro Air, PD&AD
LOCATION:
On 1st action area wall. Forward upper corner.
B1/2, Cab/Body Pass-Through
LOCATION:
Pass-thru between cab and module.
INSTRUCTION:
There shall be a pass-through access window approx. 16"H x 17.5''W with a sliding plexiglass window, in
formica covered wood frame.
B1/2, Heat/Cool Unit, Patient Compt, Pro-Air #935
INSTRUCTION:
Mounted over pass thru
Controls to be located in the rear switch panel.
Double vent on bottom of HVAC cabinet.
B1 12, AlC Condenser, Bottom Mounted
INSTRUCTIONS:
Install an auxilary AIC condenser under body.
Connect to the standard interior Heater Air Conditioner combination unit.
USE Hoseline BMC 1006 with Dryer with HOSELlNE SYSTEM or ProAir B106 with PROAIR SYSTEM
B2, STANDARD - ALS Cabinet, 3-Section
INSTRUCTION:
Top:
Formica covered wood
Top hinged door
Locking round SouthCo latch.
Center:
Dual solid formica covered wood doors
Item # 4
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Quote No: 10140-0001 / Job/Order No: 7716-7718
Attachment number 2
Page 11 of 14
Page 11
PART NO S DESCRIPTION QTY
Round Locking South Co latches
[1] adjustable shelf.
64-01-1200
64-02 -0200
64-06-1600
64-10-3600
64-14-0200
64-16-0400
64-18-0400
68-10-3200
68-12-1200
68-14-1000
Bottom:
Dual solid formica covered wood doors
Locking SouthCo round latches.
Rubbermat on the bottom of each cabinet section and shelf.
* * * PATIENT COMPARTMENT SEATING * * *
Vacuumed Formed Upholstery PD & AD models
INSTRUCTION:
EVS Vacuum formed seats & backrests only.
Armrests and all trim panels to be machine stitched using EVS Companion II material.
Clips placed at top of backrest and Velcro to bottom
Sect 1, Att. Seat, High Back, On 185S Swivel Base, EVS (VF)
INSTRUCTION:
EVS vacuum formed high-back attendant seat.
LH Armrest.
EVS 185S swivel base -- 1700 series seat.
Sect 2, CPR Seat, 26" Wide With Fold Down Backrest
Sect 2/3, Squad Bench, 22" D x 82" W x 16" H
INSTRUCTION:
(2) lids with storage under forward section.
Gas strut hold opens and paddle latch.
Sect 2/3, Back Rests, (2) Above Squad Bench
Sect 2, Posts and Cups, Ferno Washington, (1) Set
INSTRUCTION:
(1) Complete Set Ferno Washington Posts & Cups
Set-up for a FW #11 stretcher.
Sect 2, Armrest, Polished S/S, Removable, Squad Bench
INSTRUCTION:
Removeable style armrest -- top of armrest to be padded upholstery.
* * * CURBSIDE CABINETS - PATIENT COMPARTMENT * * *
Sect 2/3, Squad Bench Cabinet, Two-Section
INSTRUCTION:
Cabinet to be divided into (2) sections by a fixed center divider.
Sect 2/3, Double Sliding Plexiglas Doors
LOCATION:
On squad overhead cabinet.
Sect 2/3, Handles, Full Length Aluminum
LOCATION:
On the squad overhead cabinet doors.
* * * PATIENT COMPARTMENT EQUIPMENT /COMPONENTS * * *
Item # 4
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70-02-1000
PART NO S DESCRIPTION QTY
Quote No: 10140-0001 / Job/Order No: 7716-7718
Attachment number 2
Page 12 of 14
Page 12
70-10-0200
70-14-0600
70-17-0200
72-02-1200
72-10-0200
74-02-0200
74-02-0500
74-04-0400
74-04-0800
74-06-0600
74-10-0600
74-20-0800
74-22-0200
IV Holders, (4) Cast Products #2008-1, Ceiling Mounted
LOCATION:
(2) over cot
(2) over squad bench
Cot Mount, Stryker #6377 Dual Position, Floor Mount
INSTRUCTION:
For Cot Model:
(for positioning of cot mounts only)
Cot Mount Location, Side & Center
No Cot Stop Required at This Time
Assist Rails, (1) 90" x 1.25", (1) 60" x 1.25" 0.0, Brey Kr
INSTRUCTION:
(1) 90"x 1.25" - over cot.
(1) 60" x 1.25 " - over squad bench.
Signs, "No Smoking Oxygen Equipped" & "Fasten Seatbelts"
LOCATION:
(1) on 1 st action area wall.
* * * MEDICAL OXYGEN & ENVIRONMENTAL SYSTEMS * * *
Oxygen, 3000 Liters Minimum
Oxygen, (2) Outlets - 1st Action Area
INSTRUCTION:
(2) on the 1 st action area wall
SEE PRINTS
Oxygen Outlet, (1) Additional, Specify Location
INSTRUCTION:
(1) additional outlet ceiling
SEE PRINT
Oxygen Outlets, Ohio Brand
Flowmeter, (1) Oxygen, Gravity Type
LOCATION:
SHIPPED LOOSE
Regulator, Oxygen
LOCATION:
On 0/2 hose in 0-1 compartment.
Suction & Aspiration Systems, SSCOR/Thomas, 02
INSTRUCTION:
(1) SSCOR 20001/02 disposable canister, inection molded plastic bracket and wall-mount vacuum
gauge and outlet on 1 st action area wall.
Install the Thomas brand vacuum pump in the upper left corner of the 0-2 compartment, in a metal
cage.
(1) "on/off' switch in the rear switch panel, for Suction pump.
SEE PRINTS
Canister Bracket PIN 1031799
Sharps & Bio-Hazard Containers, Racksack With Bags
Item # 4
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Quote No: 10140-0001 / Job/Order No: 7716-7718
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Page 13 of 14
Page 13
PART NO S DESCRIPTION QTY
76-02-0600
76-06-0200
78-02-0600
80-04-0200
80-04-0400
80-04-0800
84-05-0200
84-07 -0000
84-22-0000
88-04-0200
90-02-0300
90-06-0600
90-06-0800
90-07 -0200
92 -02 -0200
92-06-0400
LOCATION:
SHIPPED LOOSE
* * * COMMUNICATION & LOOSE EQUIPMENT * * *
Patient Code Signal System, With (3) Switches & Buzzer
LOCATION:
Cab console and rear switch panel.
Radio Antenna Pre-Wire, (2) Base, Power, Ground & Coax
INSTRUCTION:
Antenna/Radio (2) bases and coax.
Power and ground wires.
Run from: (1) Center front of module roof.
(1) Center center of module roof.
Run to: Both to behind passenger seat in cab.
(2) Fire Extinguishers, ABC 5 lb With Mounting Brackets
LOCATION:
SHIPPED LOOSE
* * * PAINTING, LETTERING & STRIPING * * *
Body Surface Preparation with Corrosion Inhibitor
Paint Preparation & Processes
Body Paint Color, Sikkens, Single, White
No Vehicle Paint Stripe Design Required At This Time
Non Metallic or Pearl Paint Color
Pinstripe, 3/4" W -"e Style Rubrail, Reflective
INSTRUCTION:
Install 3/4" wide white reflective stripe through the center of the "C style rubrail.
Decals, "Ambulance" & "Star of Life" Packages, Installed
INSTRUCTION & COLOR:
Light Blue reflective #280-76 with White reflective #280-10 outline.
(3) 6" "AMBULANCE"
(1) 4" reverse "AMBULANCE".
(2) 18" SOL
(2) 14" SOL
(2) 6" SOL
(1) 32" Vinyl SOL
* * * MISCELLANEOUS * * *
Vehicle Operator's Manual, Hard Cover Binder - AD
Operating Instructions, Video Tape
Electrical Schematics CD
Fuel Fill
Medtec Standard Warranty
No Extended Conversion Warranty Required
Item # 4
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Quote No: 10140-0001 / Job/Order No: 7716-7718
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Page 14
PART NO S DESCRIPTION QTY
Item # 4
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare the attached list of computer equipment surplus to the needs of the City and authorize sale to the highest bidder, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
All of the listed equipment has been replaced as necessary and is no longer required. Sale will be through sealed bid at the City of
Clearwater.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0555-00000-364412-000-
000-0000
Other
No
Budget Adjustment:
No
Revenue
Annual Operating Cost:
Total Cost:
N/A
to
Amount
To be
determined
Appropriation Comment
Sale proceeds
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
N/A
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 5
ITEM
PART NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
WS-C3524-XL -E N
WS-C3548-XL -E N
WS-C3550-24-S M I
WS-C3550-48-S M I
WS-C3550-12G
WS-C2950-12
WS-C2950-24
WS-C2950G-48
WS-C6006-CAC
WS-C6009
WS-C6509
WS-C6506
WS-C4506
PIX-515-FO-BU N
PIX-520
CISCO 1751
GLC-SX-MM
GLC-LH-SM
GLC-ZX-SM
WS-G5484
SURPLUS COMPUTER EQUIPMENT - OCTOBER 2008
PRODUCT DESCRIPTION
Cisco Catalyst 3524XL Switch Ent. Edition 24-ports 10/1 00-TX2 GBIC UPLINKS
Catalyst 3548 48 PT 10/100 RJ45 Switch 2 GBIC Uplinks
Catalyst 355024 PT 10/1002 PT GBIC SA Switch SMI SIW
Catalyst 2550 48 PT 10/1002 PT GBIC Switch SMI
CAT3550 10 PT GBIC 2 PT 10/100/1000
12 Port 10/100 Switch
Catalyst 2950 24 pt 10/100
Catalyst 2950 48 PT 10/100
CA T6K 6 Slot Chassis 1 Ac
Cisco Master Part
Catalyst 6509 Chassis 9 Slot, 15 RU
Catalyst 6506 Chassis, 6 Slot
Catalyst 4500 Chassis 6-Slot, fan, no pIs
Cisco PIX Firewall 515 Failover Bundle - 2 Ports - EN, Fast EN
Cisco Master Part
Cisco 1751 10/100 Mod Rtr
GE SFP-LC connector SX transceiver
GE SFP-LC connector LXlLH transceiver
Expansion module-SFP-Gigabit EN-1QOO Base-ZX-1550 nm
1000 Base-SX-GBIC
Attachment number 1
Page 1 of 1
QUANTITY
8
23
4
4
4
6
7
1
1
1
1
2
3
1
1
4
73
24
3
16
Item # 5
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve new gas utility rates to become effective for all gas bills and services rendered on or after January 1,2009, and pass Ordinance
7998-08 on first reading.
SUMMARY:
Black & Veatch has completed a "Cost of Service and Rate Study" for the Clearwater Gas System (CGS). The study included a
projection of CGS' financial position for the period 2008 - 2012, a cost of service analysis to evaluate the cost responsibility for each of
the various classes of customers served, and the development of recommended rate charges to recover the costs of providing service
from the respective classes of customers.
Ordinance 7998-08 includes the following recommendations from the study:
Increase customer charges for residential and commercial customers and decrease their non-fuel energy rates such that there is no
significant change in base rate revenues from any customer class.
Implement a Usage and Inflation Adjustment (UIA) to replace the existing Weather Normalization Adjustment (WNA).
Replace the existing Environmental Imposition Adjustment (EIA) with a new more broadly defined Regulatory Imposition Adjustment
(RIA).
Increase the Central Pasco County customer surcharge. This increase will not provide CGS with additional margin revenues, but is
intended to recoup the direct supply and transportation related cost increases.
Increase labor related service charges to reflect CGS' increase in costs as well as rates charged by competitors.
Increase charges for propane service to reflect CGS' increase in costs as well as rates charged by competitors.
Implement minor changes to Other Commercial and Industrial Service and Air Conditioning service tariffs to be consistent with
modifications made to Residential and Commercial tariffs.
Also, some minor word editing is included in the ordinance to provide clarification.
The current gas rates and service charges of the Clearwater Gas System have been effective since April 1, 2005.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
o Annual Operating Cost:
Total Cost:
o
o
to
Review
Approval:
1) Legal 2) Clerk 3) Financial Services 4) Office of Management and Budget 5) Clerk 6) City Man~'j7MGmk 8) City
Manager 9) Clerk
Item # 6
Attachment number 1
Page 1 of 28
ORDINANCE NO. 7998-08
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES*, SECTION
XXVI, CLEARWATER GAS SYSTEM FEES,
RATES AND CHARGES, TO REVISE RATES
FOR CLEARWATER GAS SYSTEM
CUSTOMERS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since April 1, 2005; and
WHEREAS, it is determined to be fair and reasonable to adopt the
recommendations of the Clearwater Gas System to establish gas rates and
service charges based on the cost to serve the various classes of customers;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Appendix A - Schedule of Fees, Rates and Charges
of the Code of Ordinances of the City of Clearwater is hereby amended as
follows:
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (~ 32.068):
(1) Natural gas service rates. The following monthly rates shall apply to
all customers who are provided the availability of natural gas service
by the Clearwater Gas System, based on their applicable class of
service:
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 2 of 28
(a) Residential natural gas service (rate RS): Firm natural gas service
for domestic uses in all residences of three units or
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(b) Small multi-family residential service (rate SMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(c) Medium multi-family residential service (rate MMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(d) Large multi-family residential service (rate LMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four or more and the total annual
consumption at the premise is 100,000 or more.
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(e) Small natural gas general service (rate SGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 0--17,999 therms.
2
Ordinance No, 7998-0$tem # 6
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(f) Medium natural gas general service (rate MGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(g) Large natural gas general service (rate LGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 100,000 therms or more.
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . .
(h) Interruptible natural gas service (rate IS): Interruptible natural gas
service available under a standard agreement for typically
industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; the
customer agrees contractually to purchase a minimum of 250
therms/day (excluding curtailment days); and where the
customer has either installed alternative fuel capability and/or
contractually agrees to curtail service at the request of the
Clearwater Gas System, subject to penalties for failure to
comply.
Monthly customer charge. . . .
Non-fuel energy charge, per therm . . . . $0.280
Minimum monthly bill. . . .
Attachment number 1
Page 3 of 28
3
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 4 of 28
Plus the non-fuel therm rate for the minimum number of
contract therms per day
(i) Contract natural gas service (rate CNS): Contract natural gas
service for special applications and conditions approved by the City
Manager or designee. This rate is typically applicable where
competitive fuel sources are confirmed to be available to the
customer and a special rate with special conditions are required to
obtain/retain the customer. This rate may be used to construct a
special standby rate where the customer requires capability to
serve, but normally uses an alternative energy source. Such service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
Monthly customer charge.... The same as the normally applicable
service class
Non-fuel energy charge.... Per therm as established by contract
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contract level of
monthly consumption
U) Residential natural gas air conditioning service (rate RA C): Firm
natural gas service for domestic gas air conditioning in all
residences of three (3) units or the gas air
4
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 5 of 28
Monthly customer charge....
$ only if this is not air ady
being billed on another metered account
at the premise on a firm rate schedule
Non-fuel energy charge, per therm....
Minimum monthly bill....
$ at the prem ise on firm
rate schedule
(k) General natural gas air conditioning service (rate GAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 0--149 tons and the gas air conditioning load is separately
metered.
Monthly customer charge....
$ only if this is not al eady
being billed on another metered account
at the premise on a firm rate schedule
Non-fuel energy charge, per therm....
$ 0.1
Minimum monthly bill....
$ at the prem ise on firm
rate schedule
5
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 6 of 28
(I) Large natural gas air conditioning service (rate LAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 150 tons or more and the gas air conditioning load is
separately metered.
Monthly customer charge....
$ only if this is not al eady
being billed on another metered account
at the premise on a firm rate schedule
Non-fuel energy charge, per therm....
$ 0.1
Minimum monthly bill....
$ at the prem ise on firm
rate schedule
(m) Natural gas street lighting service (rate SLY: Natural gas service for
lighting of public areas and ways. Service may be metered or
estimated at the discretion of the gas system. The customer may
elect to subscribe for normal street lighting maintenance and
relighting labor service, or they may call Clearwater Gas System for
repair service and pay normal hourly labor charges (see other
miscellaneous gas charges), or they may elect to maintain their own
lights. Repair equipment and/or parts supplied by Clearwater Gas
System will be billed as required. When the gas system provides
poles, fixtures, piping, and/or installation labor beyond the service
connection point, facilities contract charges may be assessed.
Monthly customer charge. . . . $20.00
Non-fuel energy charge, per therm . . . . $0.20:\\l
Normal maintenance and relighting labor service charge, per therm .
Plus any required equipment/parts
Minimum monthly bill. . . . $20.00
Plus any applicable facilities contract charges
6
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 7 of 28
(n) Contract natural gas transportation service (rate CTS): Service for
transportation of someone else's natural gas through the Clearwater
Gas System for supply to another gas system or an individual
customer. This is contract natural gas service and
must be approved by the City Manager or designee. Provision of this
service must fall within the normal construction feasibility formula to
insure a profitable payback to the City.
Monthly customer charge.... As established by contract (typically the
same as the normally applicable service
class)
Non-fuel energy charge.... Per therm as established by contract
(typically the same as the normally
applicable service rate plus charges for
balancing services and any additional
services desired by the customer)
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contracted level of
minimum monthly flow as well as any
facilities contract charges for special
facilities and metering required to provide
this transportation service
(0) Natural gas vehicle service (rate NGV): Natural gas service for fleet
vehicle fueling. This is a contract rate approved by the City Manager.
Provision of this service must fall within the normal construction
feasibility formula to insure a profitable payback to the
7
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 8 of 28
Non-fuel energy charge, per therm....
Monthly customer charge....
applicable customer-specific or public fill
station per therm facilities charges
required to provide this service
Minimum monthly bill....
Monthly customer charge, if applicable,
plus any monthly facilities contract
charges for special facilities, metering or
fleet conversion costs required to provide
this service
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc. may be expressed
as a rate "per gallon equivalent of gasoline."
(p) Natural gas emergency generator or other standby service (rate
NSS): Natural gas service to a metered account, separately
established for back-up service, where no substantial gas service is
used for year round
Monthly customer charge. . . . $50.00
Non-fuel energy charge, per therm . . . .
Minimum monthly bill. . . . $50.00
Plus any facilities contract charges for the facilities and
metering required to serve this account
8
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 9 of 28
(2) Propane (LP) gas service rates.
The following rates shall apply to all customers who are provided the
availability of propane (LP) gas service by the Clearwater Gas
System, based on their applicable class of
(a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered
LP service for "year round" domestic uses (such as water heating,
cooking, heating, clothes drying, and lighting) in all residences of
three (3) units or
Usage Class
Annual
Units/Gallons
Non-fuel
Energy Charge
per Gallon
Non-
refun able
Annu I
Customer
Charge
1 0--60
2 60.1--120
3 120.1--300
4 >300
(b) Residential"Will Call" Propane Gas Service (Rate WRLP: Bulk
delivered LP Service for all customers with exclusively "leisure living"
domestic uses (such as pool/spa heating, fireplaces, and grills) plus
customers with "year round" appliances who request "will call" status
in all residences of three (3) units or
A "Will Call" customer is responsible for monitoring tank fuel level.,.
and requesting propane
delivery.
No trip charge for delivery if customer can wait for a normally
scheduled four ill-business day delivery. Trip charges for early delivery
9
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 10 of 28
are located in (3)(h). Note that the four (4) business days start on the next
business day after the customer's request, i.e. if the customer call~ with a
"Will Call" fill request on Monday, then we will fill no later than the following
Friday.
1 0--120
Non-fuel Energy
Charge per Gallon
Non-r fundable
Annu I
Custo er
Charge
Usage Class Annual
Units/Gallons
2 >120
(c) Residential Loop System Propane Gas Service (Rate LRLP):
Metered delivery LP service for all domestic uses within a loop
delivery system (Propane Distribution system serving multiple
customers. )
Monthly Customer Charge. . . . . . . . . . . . .
Non-Fuel Energy Charge
Per gallon. . . . . . . . .
Minimum Monthly Bill. . . . . .
(d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP
service for commercial, industrial, and other applications where no
other rate is applicable.
Usage Class
Annual
Units/Gallons
Non-fuel
Energy Charge
per Gallon
Non-
refun able
Annu I
Customer
Charge
10
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 11 of 28
1 0--2500
2 >2500
(e) Residential Metered Propane Gas Service (Rate MRLP): Metered
delivered LP service for all domestic uses in all residences of three
(3) or
Monthly customer charge. . . .
Non-fuel energy charge:
Per gallon. . . .
Minimum monthly bill. . . .
(f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered
delivered LP service for all domestic applications within the living
units of multi-family buildings of four (4) units or more.
Monthly customer charge. . . .
Non-fuel energy charge:
Per gallon. . . .
Minimum monthly bill. . . .
(g) General Metered Propane Gas Service (Rate MGLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is 0--2,500 gallons.
Monthly customer charge. . . .
Non-fuel energy charge:
Per gallon. . . .
II
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 12 of 28
Minimum monthly bill. . . .
(h) Large Metered Propane Gas Service (Rate MLLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is more than 2,500 gallons.
Monthly customer charge. . . .
Non-fuel energy charge:
Per gallon. . . .
Minimum monthly bill. . . .
(i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk
delivered LP gas service for special applications and conditions
approved by the city manager or designee. This rate is typically
applicable where competitive fuel sources are confirmed to be
available to the customer and a special rate with special conditions
are required to obtain/retain the customer. Such service must fall
within the normal construction feasibility formula to insure a profitable
payback to the city.
Monthly customer charge. The same as the normally applicable
service class
Non-fuel margin rate. Per gallon as established by contract
Minimum monthly bill. Monthly customer charge plus the non-fuel
usage rate for contracted level of monthly consumption.
U) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service
for fleet vehicle fueling. This is a contract rate approved by the City
Manager or designee. Provision of this service must fall within the
normal construction feasibility formula to insure a profitable payback
to the
12
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 13 of 28
Monthly customer charge. for
general service applications only if a customer charge is not already
being billed on another metered account at the premise on a firm
rate schedule.
fill station facilities charges required to provide this service.
Minimum monthly bill. Monthly customer charge plus any applicable
monthly facilities contract charges for special facilities, metering or
fleet conversion costs required to provide this service.
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc., may be expressed as a
rate "per gallon equivalent of gasoline."
(k) Propane Metered Gas Emergency Generator or Other Standby
Service (Rate LPSM): LP gas service to an account separately
established for back-up service, where no other substantial gas
service is used for year round purposes.
Monthly customer charge. . . . $50.00
Non-fuel energy charge:
Per gallon. . . .
Minimum monthly bill. . . . $50.00
13
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 14 of 28
Initial metered usage charge. A one-time charge for the number of
gallons required to initially fill the LP tank (size as requested
by the customer).
(I) Propane Bulk-Delivered Gas Emergency Generator or Other Standby
Service (Rate LPSB): LP gas service to an account separately
established for back-up service, where no other substantial gas
service is used for year round
Annual customer charge. . . .
Non-fuel energy charge:
Per gallon. . . .
Initial delivery charge. A one-time charge for the number of gallons
required to initially fill the LP tank (size as requested by the
customer) plus the initial annual customer charge.
(3) Other gas charges. The following charges and fees may also be
applied to customers of the Clearwater Gas System served under an
applicable natural gas or propane (LP) gas service rate:
(a) Facilities contract charge (rider FCC): A rider applicable to any of the
above rates to cover installation of facilities beyond those
typically provided to other customers of the class or beyond
the costs incorporated into the applicable gas rate.
On-going FCC charges....
A monthly flat or per unit consumed
charge calculated to cover the on-going
estimated maintenance costs associated
with the special or additional facilities.
These charges will be contractual and
subject to annual revisions upward based
on the CPI index or based on a revised
cost calculation at the discretion of the
City Manager or designee.
14
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 15 of 28
Time-lim ited FCC charges....
A monthly flat or per unit consumed
charge calculated to cover the costs
associated with additional facilities as
requested by the customer, excess main
and service construction costs which do
not meet the construction feasibility
formula, or appliance/equipment sales
costs. Such charges may include other
applicable costs associated with
furnishing the requested facilities,
including financing costs. Where such
FCC charges result from the additional
costs incurred by Clearwater Gas System
at the request of the developer to achieve
feasibility, such FCC charges are binding
upon the future customers/occupants of
such applicable accounts for the period
necessary to meet the feasibility
calculation for the project.
Public fill station facilities charge....
A natural gas per therm or propane (LP)
per gallon charge calculated to recover
the common facilities costs to provide
such service. This will be calculated and
may be updated from time-to-time by the
gas system and approved by the City
Manager or designee.
(b) Purchased gas adjustment (rider PGA): A rider applicable to all
natural gas therm rates and propane (LP) gallon rates to
recover the cost of the Clearwater Gas System purchased gas
supply, including losses and use by gas system
facilities/equipment and other applicable expenses. The
currently calculated PGA rates for all rate schedules, unless
specifically broken out by contract, are:
Natural gas firm standard rate schedule PGA, per
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm . . . .
15
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 16 of 28
Propane (LP) gas rate schedule PGA:
Per gallon. . . .
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for
These PGA rates will normally be adjusted annually in
October and may be adjusted upward or downward from time-to-time
with the approval of the City Manager or designee based on actual
and projected supply costs and projected consumption levels in
order to recover the total cost of the gas system's supply plus all
costs attributable to the acquisition of system supply gas and other
applicable expenses. The over or under recovery of these PGA costs
will be computed monthly and an adjustment in the PGA rate will be
made at the discretion of the City Manager or designee. The
differential between the Natural Gas Firm Standard Rate Schedule
PGA and the Natural Gas Interruptible and Contract (Non-Standard)
Rate Schedule PGA will be established and approved by the city
manager or designee for each semi-annual period based on the
available records for the most recent 12 months. This differential will
typically be computed by dividing the transmission pipeline
"reservation charges" component of the WACOG by the therms sold
to all of the natural gas firm rate schedules. The gas system may
also segment specific gas purchases for specific targeted
customer(s) based on contract. Additionally, a fixed monthly amount
may be added to the customer charge of applicable classes of
natural gas service rates to recover the estimated impact of the
added costs associated with gas purchased through a third-party
transporter (including generally east of the Suncoast Parkway in
Pasco County). These added monthly customer charges shall be
credited to the overall PGA recovery account and will be initially set
at:
Residential ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ per
month
Small General Service & Multi-Fam ily ..... ... .... $ per
month
Medium General Service & Multi-Fam ily ... ..... $ per
month
Large General Service & Multi-Family............ $ per
month
Interruptible Service... ... ... ... ... ... ... ... ... ... ... .. per
month
16 Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 17 of 28
Contract Rates --- Apply the same as the normal class of customer
using the above schedules based on usage level
These added monthly customer charges may be adjusted upward or
downward from time-to-time with the approval of the City Manager or
designee based on actual and projected added PGA costs.
(c) Energy conservation adjustment (rider ECA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of energy
conservation programs undertaken by the Clearwater Gas System
as approved by the Gas System Managing Director. The ECA will
not be applied to interruptible natural gas or
contract rates, except for that portion of ECA, which is collected as a
part of the PGA, which may be up to one-half of the
ECA billing rate. The currently calculated
ECA rates are:
Natural Gas Rate Schedule ECA, per therm . . . .
Propane (LP) Gas Rate Schedule ECA:
Per gallon. . . .
The above ECA rates are as currently approved for
These ECA rates will normally be reviewed
annually in October and may be adjusted upward or downward from
time-to-time with the approval of the City Manager or designee
based on actual and projected energy conservation program costs
and projected consumption levels in order to recover the total cost of
applicable gas system programs as approved by the City Manager
since March 1, 1995, including energy conservation incentive
payments as well as the applicable labor and other costs attributable
to such energy conservation programs and other applicable
expenses. The over or under recovery of these ECA costs will be
computed and an adjustment in the ECA rate will be made at the
discretion of the City Manager or designee.
(d) adjustment (rider . A
rider applicable to all firm standard (non-contract) natural gas therm
rates and non-contract propane (LP) gallon rates to recover the cost
of
Clearwater Gas System by federal, state
17
Ordinance No, 7998-0$tem # 6
(e)
Attachment number 1
Page 18 of 28
not be applied to interruptible natural gas
rates. The currently calculated
Natural Gas Rate Schedule
per therm . . . . $0.00:
Propane (LP) gas rate schedule
Per gallon. . . . $0.00(;
fi.i'iJates are as currently approved for
These rates will
normally be reviewed annually in October and may be adjusted
upward or downward from time-to-time with the approval of the City
Manager or designee based on actual and projected environmental
project costs and projected consumption levels in order to recover
the total cost of gas system environmental cost impositions as
approved by the City Manager since February 1, 1993, as well as
the labor and other costs attributable to such environmental
projects.
over or under recovery of these
\, costs will be computed and an adjustment in the
rate may be made at the discretion of the City Manager or designee.
gas
Natural gas rate schedule
per therm . . . .
Propane (LP) gas rate schedule
per gallon. . . .$
18
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 19 of 28
(f) Franchise and other city/county fees recovery clause (rate FFR): A
charge levied by the Clearwater Gas System on every purchase of
gas within a municipality or county area to recover the costs
assessed by governmental entities in accordance with the franchise
agreement in force between the City of Clearwater and that other
governmental entity and including any other otherwise unrecoverable
fees, special taxes, payments in lieu of taxes, or other impositions by
any governmental entity (including the City of Clearwater) on the
services of the Clearwater Gas System sold within such municipality
or county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the franchise fees and
other governmental fees, taxes, and other impositions levied on
services within that governmental jurisdiction. Within the City of
Clearwater where a franchise agreement is not in force, the City of
19
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 20 of 28
Clearwater will levy a six percent payment in lieu of taxes on all
gross firm natural gas sales (excluding interruptible) and the
Clearwater Gas System will bill this in the same manner as if it were
a franchise fee.
(g) Tax clause (TAX - Various): All taxes due the appropriate
governmental entities (such as but not limited to State of Florida
gross receipts tax, State of Florida sales tax, county sales tax,
municipal utility tax, and others which may be legally levied from time
to time on the purchase of gas) will be billed to the customer
receiving such service and rendered to the governmental entity in
accordance with the applicable statute, ordinance, or other legally
enforceable rule.
(h) Other miscellaneous gas charges: The following charges are
applicable whenever applicable gas services are rendered the
customer:
Meter turn-on residential, scheduled next business day or beyond
(per account for new customers, seasonal reconnects, and after
nonpayment disconnect including turn-on of pilot lights) . . .
Meter turn-on residential, same day as requested by customer (per
account for new customers, seasonal reconnects, and after non-
payment disconnect including turn-on of pilot lights) . . .
Meter turn-on commercial/industrial scheduled next business day or
beyond (per account for new customers, seasonal reconnects, and
after nonpayment disconnect including turn-on of pilot lights) . . . .
Meter turn-on commercial/industrial, same day as requested by
customer (per account for new customers, seasonal reconnects, and
after nonpayments disconnect including turn-on of pilot lights) . . .
20
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 21 of 28
Meter read for residential account change (no meter turn-on required
but may include turn-on of gas pilot lights) . . . . $40.00
Meter read for commercial/industrial account change (no meter turn-
on required but may include turn on of gas pilot lights). .. $80.00
Replace broken stop or locks on meters. . . . Time and materials
Relocate gas meter. . . . Time and materials
Turn-on gas pilot lights only (per account) . . . .
Turn-off gas pilot lights only (per account) . . . .
or installation work (one
hour minimum) plus materials:
1 person crew time on-site/hour. . .
2 person crew time on-site/hour. . .
Overtime surcharge for all work including installation, service and
repair, and maintenance (as requested by the customer for evenings,
weekends, and holidays) . . . . Double normal charge
Overtime surcharge for call-out turn-ons (as requested by the
customer for evenings, weekends, and holidays). . . . Double same
day charge
Special meter reading at customer request including billing inquiries
where reading is determined to be accurate (per account). . .
Gas meter test at customer request- if results are within limits (per
meter) . . . .
21
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 22 of 28
Reset residential gas meter after same customer requests removal
(per meter) . . .
Unauthorized meter bypass or hookup. . . . Time and materials plus
ten percent of the average monthly bill for each day since last
Emergency response for
other utilities. . . . Time and materials
L.P. gas from tank. . . .
plus 0.700 per gallon removed. Full
abandonment and/or removal of buried LP tank (CGS decision).
Landscaping restoration by
customer.
Other services not normally provided including work on customer
property beyond the meter, such as leak
as required by regulation. . . . Time and materials
Collector fee, See Appendix A - Public Works Utility Tariffs, Section
(4)(a)3
Dishonored check service fee, See Code of Ordinances, Section
2.528
(CGI) - Customer not
present at time as arranged or equipment not accessible. Applicable
miscellaneous gas charges (overtime surcharges may apply).
Residential "Will Call" and special request delivery Propane Gas
Service trip charges for early delivery:
$50.00 trip charge for next business day delivery
or for a scheduled delivery 4 business days\
$100.00 trip charge for same business day delivery,fT'
22
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 23 of 28
trip charge for same day delivery service
outside normal business hours, holidays: or weekends.
Trip charges will be applied even ifLP tank is inaccessible or
customer is not present when required, (CGI).
A minimum fill charge of for bulk, "Will Call" or
metered delivery customers that request a delivery, in
than 4 business days. "Will Call" or special request delivery charges
will also apply.
Leak investigation (make safe only) . . . .. .............. No
charge
If turn-on of pilots the applicable charges apply
Additional repairs........................... .Time & Materials
Special seasonal gas turn-on....
The City Manager or designee is
authorized to reduce or eliminate the
normal gas turn-on charge
aHem pt to the
workload at the beginning of the heating
season.
Pipeline Damage Claims
Any person or company who actively engages in excavating, boring,
tunneling, backfilling, digging, removal of above ground structures by
mechanical means and other earth moving operations, within the
Clearwater Gas System service territory, shall be required to notify
the one call notification::;;. system 48 hours excluding weekends and
holidays before digging commences (References Florida Statutes
If a person or company causes damage to an above or under ground
pipeline facilities owned by Clearwater Gas System and through
negligence or accident has been deemed liable for the damages,
then that entity shall be responsible for all costs associated with the
23
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 24 of 28
damage. This will include the cost of gas lost (billed at the purchased
gas adjustment rate), time and materials to repair the damage, all
labor cost associated with turning off and on gas accounts that were
affected as a result of the damage, and any third party claims plus
administrative costs. The party or parties responsible shall remit
payment for all claims directly to Clearwater Gas System upon
receipt of invoice or notification of the City of Clearwater Risk
Management Department.
(4) Gas contract and rate application policies: The following represent
policies of the City of Clearwater as applied by the Clearwater Gas
System:
(a) Uniformity of rate and service application: To the extent that the
customer requests a review of his/her rate account, all rates, charges
and contract provisions are intended to be consistently and uniformly
applied to all customers of the same type with the same usage
characteristics, fuel options, and equipment capabilities. Any
customer who feels that they have been treated unjustly and is
unable to resolve the dispute with Clearwater Gas System personnel
and management has full access to the normal City of Clearwater
utilities dispute resolution process as defined in the City Code of
Ordinances, Chapter 32, Section 32.004.
(b) Contract rate level determination: It is the policy of Clearwater Gas
System to offer a customer or potential customer who currently uses
or has access to an alternate energy source and has the capability to
use this alternate energy source, or is otherwise deemed to be a
threat to discontinue gas usage, a rate level adequate to acquire or
preserve the gas load, provided that such a rate application will
provide a reasonable profit margin to the Clearwater Gas System
and the extension of any capital investment to serve such a
customer falls within the normal gas system construction feasibility
formula. Where the capability to use such alternative energy source
will require an initial additional capital outlay by the customer, the
contract rate may be based on a net present value calculation over
the expected life of the facility.
(c) Rate schedule reductions: The City Manager is authorized to reduce
the billing charge(s) for any rate schedule(s) towards achieving the
"cost of service based rates" as recommended in the most recent
rate study done for the Clearwater Gas System.
(d) Main and service extension construction feasibility: Whenever a
prospective customer requests a new gas service, the Clearwater
24
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 25 of 28
Gas System will extend service to the prospective customer under
the following conditions:
1 . Design considerations. The extension of gas service to the
perspective customer can be reasonably accomplished within
good engineering design, access can be secured though
easements or right-of-way, and the service will not jeopardize
the quality of gas service to existing customers.
2. Main line extension construction feasibility. The maximum
capital investment which will be made by the Clearwater Gas
System to extend main lines and services to serve a new
customer(s) shall be seven times the estimated annual gas
revenue to be derived from the facilities less the cost of gas
and the cost of monthly meter reading, customer accounting
and billing. The formula shall be:
Non-Fuel Energy Rate x Estimated Annual Therms/Gallons =
Estimated Annual Gas Non-Fuel Revenues x 7 Years =
Maximum Investment for Construction Feasibility
Note: The Monthly Customer Charge is
to cover the cost of
meter reading, customer accounting and billing.
3. Service line extensions. The Clearwater Gas System will
install gas service lines off of the main line at no charge to the
customer under the following circumstances:
A year round customer has installed
equipment
an estimated minimum annual
consumption of two therms per foot of service line required
or
The cost of such service line extension meets the Maximum
investment for Construction Feasibility (as defined "d." abovet
Customers who do not meet the criteria for service extensions
as set forth above will either be charged the estimated
construction cost per foot for the excess footage or pay a
25
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 26 of 28
contribution in aid of construction (CIAC) to cover the
deficiency amount from the above construction feasibility
formula or enter into a facilities charge contract sufficient to
cover this deficiency a period of seven
years.
4. Customer contribution required. If the capital construction costs
to extend the main exceed the maximum investment for
construction feasibility, the developer/customer(s) will be
required to either provide a non-reimbursable CIAC to cover
the excess investment amount or satisfy this deficiency by
entering into a facilities charge contract sufficient to cover this
deficiency a period of seven years. Such
facilities contract charges may be reduced or potentially
discontinued entirely to the extent that other customer(s) are
added beyond the initial customer(s), the facilities covered by
the facilities contract charges are used to serve these
additional customer(s), and to the extent that there are
calculated excess dollars above the additional customer(s)
maximum investment for construction feasibility minus the
capital construction costs for the mains to serve these
additional customer(s).
5. Conversion of equipment to natural gas. The Clearwater Gas
System will the customer's
existing appliance orifice(s) (if convertible) to accept natural
gas at no cost to the customer, provided that the customers
gas use IS year
and this amount, when
added to the other cost to serve amounts, still renders the
project feasible.
(;Re/ocation of gas service facilities. When alterations or
additions to structures or improvements on any premise
require:; the
Clearwater Gas System to relocate metering, service line, or
26
Ordinance No, 7998-0$tem # 6
Attachment number 1
Page 27 of 28
main line, or when such relocation is requested by the
customer, or others, for whatever reason, the customer or
others, mmmbe required to reimburse the Clearwater Gas
System for all or any part of the costs incurred to accomplish
such relocation of gas system
Section 2. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. This ordinance shall become effective upon adoption and
shall be applicable to all gas bills and services rendered on or after January
1, 2009.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
27
Ordinance No, 7998-0$tem # 6
Approved as to form:
Laura Lipowski
Assistant City Attorney
Attachment number 1
Page 28 of 28
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
28
Ordinance No, 7998-0$tem # 6
CLEARWATER GAS SYSTEM
Cost of Service and Rate Study
October 2008
.
Attachment number 2
Page 2 of 70
.'
October 2, 2008
Mr. Chuck Warrington
Managing Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Dear Mr. Warrington:
We are enclosing our report on "Cost of Service and Rate Study" for the Clearwater Gas System (CGS). Our
report presents the results of a comprehensive study, including a projection of CGS' financial position for the
period 2008-2012, a cost of service analysis to evaluate the cost responsibility for each of the various classes
of customers served, and the development of recommended rate charges to recover the costs of providing
service from the respective classes of customers.
Based on the results of our study, CGS' existing rates are not entirely adequate to meet its operating need by
the end of the forecast period as cumulative cash flow by 2012 becomes slightly negative. While we do not
recommend any changes to existing non-fuel base rates, we propose that CGS create a Usage and Inflation
Adjustment (UIA) to replace the existing Weather Normalization Adjustment. The UIA should not only
adjust for normal weather, but also declining use per customer and inflation, and thus help to offset the
margin erosion indicated by our projections. Highlights of our additional rate recommendations include:
. Increase customer charges for residential and commercial customers and decrease their non-fuel energy
rates such that there is no significant change in base rate revenues from any customer class.
Recommended customer charges will be in line with those in effect at municipal and investor-owned gas
utilities in CGS' geographic area. Also, these changes will reduce CGS' exposure to declining use and
abnormal weather since less margin revenues will be collected through the non-fuel energy charges.
. Replace the existing Environmental Imposition Adjustment with a new more broadly defined Regulatory
Imposition Adjustment that includes all regulatory imposed programs, not just environment related
activities.
We appreciate the opportunity to have worked with you and your staff. If you have any questions, or would
like to discuss this further, please do not hesitate to contact us.
Very truly yours,
BLACK & VEATCH
Thomas J. ullivan
Vice President
Black & Veatch Corporation. 11401 Lamar Avenue. Overland Park, KS 66211 USA. Telephone: 913lmft12ttoffi
Attachment number 2
Page 3 of 70
TABLE OF CONTENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTI ON 1.0 EXECUTIVE SUMMARY.................................................................................. 1-1
Background.................................................................................................................... ........ 1-1
Study Obj ectives .................................................................................................................... 1-1
Scope......................................................................................................................... ............. 1-1
Growth of CGS ...................................................................................................................... 1-2
Revenues and Revenue Requirements under Existing Rates................................................. 1-2
Class Cost of Service............................................................................................................. 1-6
Suggested Rate Adjustments.................................................................................................. 1-6
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS............................................ 2-1
Projection of Number of Natural Gas Customers, Throughput, and Sales Revenues ...........2-1
Revenue and Revenue Requirements..................................................................................... 2-5
Revenues...................................................................................................................... .......... 2-5
Revenue Requirements .......................................................................................................... 2- 7
Operating Expenses ......................................................................................................... 2-7
Transfers to the City......................................................................................................... 2-8
Depreciation.................................................................................................................. ... 2-8
Debt Service..................................................................................................................... 2-8
Plant Extensions and Replacements................................................................................. 2-8
Net Cash Flow.................................................................................................................. 2-9
Proposed Rate Adjustment..................................................................................................... 2-9
SECTION 3.0 COST OF SERVICE............................................................................................ 3-1
Cost 0 f Service. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ... 3-1
Customer Classifications ....................................................................................................... 3 - 2
Basis for Allocation............................................................................................................... 3 - 2
Cost Functions ................................................................................................................. 3 - 3
Allocation Factors and Allocation of Cost of Service ..................................................... 3-4
Summary of Costs of Service and Comparison with Revenues ............................................ 3-7
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS .....................................................4-7
Recommended Rate Adjustments.......................................................................................... 4-7
DISCLAIMER
APPENDIX A RECOMMENDED ORDINANCE
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SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 1.0 EXECUTIVE SUMMARY
The City of Clearwater, Florida, (the City) owns and operates Clearwater Gas System (CGS), which
is the natural gas and propane system serving approximately 19,500 customers in a service area
located in Pinellas and Pasco Counties. Service is provided to residences, businesses, industry, and
institutions.
CGS is one of seven enterprise operations (natural gas and propane, water, sewer, reclaimed water,
solid waste, recycling, stormwater) owned and operated by the City. The elected City Council sets
policy guidelines and charges the City Manager with the direction of all departments. CGS is
administered by a Managing Director who reports to the Assistant City Manager, Economic
Development & Enterprise Operations.
The overall purpose of this engagement is multi-faceted. Specifically, findings, conclusions, and
recommendations together with supporting documentation are provided relative to the following
initiatives undertaken during the course of our analyses:
1. Evaluate the adequacy of existing cost recovery mechanisms, specifically user rates to meet the
operational and capital requirements of CGS on a prospective basis.
2. Verify that the current rates are being applied correctly.
3. Forecast revenues and revenue requirements for a five-year period to determine the overall
adequacy of existing rates to support CGS' operating and capital needs and prudently maintain
cash reserves to meet CGS contingencies.
4. Prepare a class cost of service analysis to identifY the cost associated with serving each class of
service.
5. Recommend revised rates sufficient to meet CGS' total revenue requirements that reflect cost of
service considerations and practical rate implementation constraints, as required.
This report presents the results of a comprehensive study including a projection of the financial
position of CGS for the period 2008 through 2012, a class cost of service analysis to evaluate the
cost responsibility for each of the various classes of customers served, and the development of
recommended rate charges to recover the costs of providing service from respective classes of
customers. CGS operates on a fiscal year ending September 30. References in this report to a
specific year reflect the fiscal year ending on September 30 of that year unless otherwise noted.
The projections of revenue requirements for CGS are based on the analysis of historical costs
incurred in providing service and reflect current and anticipated future operating conditions and cost
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SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
levels. Anticipated future operating conditions and cost levels recognize the amount and degree of
service, system expansion, renewals and replacements, inflationary effects, and other factors.
The class cost of service analysis includes the functional classification of test year costs and the
subsequent allocation of functional costs to various classes of customers on the basis of the relative
cost responsibility of each class. Allocated cost of service is then compared with test year revenues
under recommended rates to determine the rate of return on allocated net plant investment for each
of the customer classes.
CGS passes through and recovers from customers its natural gas costs via a purchased gas cost rider.
Therefore our report focuses on the margin, or the non-gas cost, portion of CGS' gas rate. CGS has
in-place several riders that include a Weather Normalization Adjustment (WNA), an Energy
Conservation Adjustment (ECA) and an Environmental Imposition Adjustment (EIA). The WNA is
a mechanism in its tariff to recover fluctuations in consumption due to colder or warmer than normal
weather. The WNA adjustment is applied to all customer classes. Our sales projections are weather
normalized. Through a WNA, CGS adjusts for fluctuations in consumption due to colder or warmer
than normal weather.
The number of natural gas customers served by CGS has increased by about 415 customers, or
approximately 2.5 percent, from 16,764 in 2006 to 17,179 in 2007. The increase in customers is
largely attributable to the addition of residential customers. For the period 2003-2007, throughput
(sales) has averaged about 21,413,717 therms. Based upon recent history, we project that number of
customers and throughput will increase slightly during the projected period. Our projection of
numbers of customers and throughput are conservative based on our discussion with management
regarding marketing efforts and existing local and statewide economic conditions. We project
number of customers and weather normalized throughput to increase slightly by 2012 to 18,040 and
21,503,540 therms, respectively. We have projected that use per customer during the projection
period will remain constant at the levels experienced over the recent historical period. However, use
per customer usage (primarily Residential) has been declining consistent with the trends experienced
throughout the country as the efficiency of natural gas equipment and homes has improved.
Residential Single-Family use per customer has declined from approximately 270 therms per year in
FY 1996 to 192 therms per year in FY 2007. Some of the recent decline has been due to warmer than
normal weather; however, the majority of this decline has been due to conservation and/or improved
efficiency.
We use the cash basis of determining revenue requirements for municipal utilities as a guide in
recommending overall rate adjustments. The cash basis is an accepted industry norm for municipal
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SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
utility rate and bond financing studies. Table 1-1 summarizes historical and projected revenues and
revenue requirements under existing rates. We also present net cash flow for the projected period.
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SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 1-1
Clearwater Gas System
Historical and Projected Revenues & Revenue Requirements
Under Existing Rates
Actual!
Line Historical ~ Projected
J::!2.:... Description FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07108 FY 08/09 FY 09/10 FY 10/11 FY 11/12
DDeratina Revenue
Gas Sales
Fuel Revenue - Pasco 1,399,921 1,763,771 2,308,668 2,951,745 2,610,647 2,974,907 3,128,670 3,147,410 3,166,150 3,185,178
Fuel Revenue - Pinellas 12,376,286 14,872,455 17,688,669 21,782,985 17,909,266 19,967,537 18,839,344 18,944,836 18,795,867 18,905,427
Customer Fuel Surcharge - Pasco 10,296 10,392 10,488 10,584
Fuel Related Dividend Collection ~ ~ ~ ~ ~
Total Fuel Revenue 13,776,206 16,636,226 19,997,337 24,734,730 20,519,913 24,165,504 23,237,459 23,400,177 23,121,238 23,249,922
8 Non-Fuel Sales Revenue - Pasco 911,396 1,023,647 1,189,206 1,308,355 1,420,595 1,449,704 1,533,030 1,544,760 1,556,490 1,568,461
9 Non-Fuel Sales Revenue - Pinellas 8,861,754 9,002,984 9,052,402 9,003,073 8,856,198 8,611,738 8,984,002 9,047,040 9,040,538 9,105,831
10 Weather Normalization Adjustment Revenue (182) (0) 109,389 (68) 162,032 267,488
11 Energy Conservation Adjustment Revenue 1,313,753 1,153,198 1,112,957 1,405,454 1,667,358 1,364,356 1,670,342 1,678,768 1,668,554 1,677,276
12 ECA Related Dividend Collection 80,240 82,608 85,126 75,364 75,364
13 Environmental Imposition Adjustment Revenue ------1l ~ ~ ~ (0) 100 000 ----1Q..Q...QQ. ----1Q..Q...QQ. ----1Q..Q...QQ.
14 Total Gas Margin 11 086 722 11179829 11 563 539 11 837 556 12157729 11773526 12369982 12455694 12440946 12526931
15 Total Gas Sales Revenue 24,862,928 27,816,055 31,560,876 36,572,286 32,677,642 35,939,030 35,607,440 35,855,872 35,562,184 35,776,853
16 Other Revenue
17 LP Sale Revenue Credit (1) 77,185 (16,569) (64,254) 15,777 34,629 123,317 123,300 123,300 123,300 123,300
18 Service Charges to Customers 4 072 304 4028137 ~ ~ ~ ~ 4 885 000 4 890 000 4 890 000 4 890 000
19 Total Other Revenue 4,149,488 4,011,568 4,507,884 5,120,374 4,699,010 4,240,663 5,008,300 5,013,300 5,013,300 5,013,300
20 Total Operating Revenue 29,012,417 31,827,624 36,068,760 41,692,660 37,376,651 40,179,693 40,615,740 40,869,172 40,575,484 40,790,153
21 Revenue Reauirements
22 Gas Purchased 13,525,017 15,416,088 18,946,990 21,935,185 18,279,645 22,942,444 21,978,309 22,102,638 21,972,505 22,101,190
23 Operating & Maintenance /A&G 6,408,792 6,600,167 6,960,144 7,362,792 7,468,982 7,454,200 7,789,800 8,140,700 8,507,100 8,889,900
24 Project Expenses 120,000 110,000 530,000 500,000 500,000
25 EINECA Recovery 1,282,439 1,400,658 1,372,454 1,342,491 1,275,703 1,364,355 1,770,342 1,778,768 1,768,554 1,777,276
26 Taxes ~ ~ 2174044 ~ ~ ~ ~ ~ ~ ~
27 Total Operating Expenses 22,980,890 25,385,733 29,453,633 32,961,737 29,199,472 33,877 ,549 33,645,051 34,548,705 34,744,760 35,264,966
28 Operating Income 6,031,527 6,441,891 6,615,127 8,730,923 8,177,179 6,302,144 6,970,689 6,320,466 5,830,724 5,525,188
29 Depreciation Expense (1,427,298) (1,464,754) (1,508,448) (1,570,743) (1,651,893 (1,543,770) (1,590,120) (1,753,470) (1,925,820) (2,095,170)
30 Net Operating Income before Transfer 4,604,229 4,977,136 5,106,679 7,160,179 6,525,286 4,758,374 5,380,569 4,566,996 3,904,904 3,430,018
31 Non Ooeratina Revenues (Exoenses)
32 Earnings on I nvestments Revenue 238,998 227,990 327,672 611,995 850,084 832,365 500,000 500,000 500,000 500,000
33 Earnings on I nvestments of Bond Revenue 68,863
34 Interest Expense and Fiscal Charges (1,413,358) (1,351,319) (1,211,001) (1,189,812) (1,605,262 (826,840) (805,150) (779,664) (753,051) (724,301)
35 Amortization of Bond Discount and Issue Costs (121,986) (147,498) (201,328) (200,908) (41,402 (200,900) (200,900) (200,900) (200,900) (200,900)
36 Gain (Loss) on Exchange of Assets (832) (4,679) (3,961
37 Other Non Operating Revenue ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
38 Total Non Operating Revenues (925,390) (1,032,360) (814,166) (503,954) (554,351 1 55,444 (318,510) (293,024) (266,411) (237,661)
39 Net Income before Transfer 3,678,839 3,944,777 4,292,512 6,656,226 5,970,936 4,913,818 5,062,059 4,273,972 3,638,493 3,192,356
40 Transfers In (Out) (2) (1,273,517) (1,085,873) (1,459,800) (1,411,684) (1,859,423 (1,606,340) (1,653,739) (1,704,160) (1,508,720) (1,508,720)
41 Net Income 2,405,322 2,858,904 2,832,712 5,244,542 4,111,513 3,307,478 3,408,320 2,569,812 2,129,773 1,683,636
42 Lana Tenn Debt Princioal Pavments
43 Revenue Bonds
44 Series 2004 175,000 175,000 180,000 185,000 185,000
45 Series 2005 220,000 225,000 225,000 240,000 240,000
46 Series 2007 ----1Z.Q.QQQ ----1Z.Q.QQQ ----1Z.Q.QQQ ----1Z.Q.QQQ ----2Z.Q..QQQ
47 Total Revenue Bonds Principal Payments 765,000 770,000 775,000 795,000 795,000
48 Plant Extension and Replacements 1,030,000 1,545,000 5,445,000 5,745,000 5,645,000
49 Net Cash Flow
50 Net Income 3,307,478 3,408,320 2,569,812 2,129,773 1,683,636
51 Principal Payments (765,000) (770,000) (775,000) (795,000) (795,000)
52 Plant Extension and Replacements (1,030,000) (1,545,000) (5,445,000) (5,745,000) (5,645,000)
53 Depreciation Expense 1,543,770 1,590,120 1,753,470 1,925,820 2,095,170
54 Amortization of Bond Discount and Issue Costs ~ ~ ~ ~ ~
55 Net Cash Flow 3,257,148 2,884,340 (1,695,818) (2,283,507) (2,460,294 )
56 Cumulative Cash Flow 3,257,148 6,141,488 4,445,670 2,162,163 (298,131)
57 Margin on Sales 12,996,586 13,629,131 13,753,234 13,589,679 13,675,664
58 Net Cash Flow as % of Margin 25.06% 21.16% -12.33% -16.80% -17.99%
(1) LP revenue less cost of propane less propane O&M
(2) The FY 06/07 transfer includes dividend paid to the General Fund of $2.6 million net of a one time payment from the City of $744,208
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SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
CGS derives its revenues from gas and propane sales, interest on reserve funds, and other
miscellaneous receipts. CGS' operating revenues, including sales of propane, have increased by
about 6 percent per year from $29.0 million in 2003 to $37.4 million in 2007. The principal reason
for the increases in historical revenues is the pass through to customers of increases in the cost of
purchased gas. CGS passes through and recovers from customers the cost of purchased gas. We
project operating revenues under existing rates to increase slightly to $40.8 million during the
projection period. This higher level is primarily due to the assumption that the cost of purchased gas
will remain at the present historically high levels.
Revenue requirements of CGS include operating expenses, debt servIce on eXIstmg and future
bonds, transfers to the City, and system improvements financed from current revenues. We project
approximately $18.4 million of capital expenditures to be financed through revenues during the
2009-2012 period.
In the table below we summarize projected cash financed capital improvements for the natural gas
system. These projections were supplied by CGS.
$ $ $ $ $
Gas Meter Change Pinellas - Out 210,000 210,000 210,000 210,000 840,000
Line Relocating Pinellas - Capitalized 0 300,000 300,000 300,000 900,000
Pinellas New Mains & Service Lines 200,000 1,200,000 1,200,000 1,300,000 3,900,000
Pasco New Mains & Service Lines 300,000 3,200,000 3,500,000 3,300,000 10,300,000
Pasco Gas Meter Change - Out 210,000 210,000 210,000 210,000 840,000
Line Relocation Pasco - Capitalized 300,000 0 0 0 300,000
Building Renovation - Capitalized 125,000 125,000 125,000 125,000 500,000
Future IMS software and hardware 0 0 0 0 0
Gas Mains Program funded by
Dividend 200,000 200,000 200,000 200,000 800,000
Total New Ca ital 1,545,000 5,445,000 5,745,000 5,645,000 18,380,000
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SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
To compare allocated costs of service and revenues under present rates, a test year is chosen that is
considered to be typical of system operations. The test year for our cost of service analyses for CGS
is 2009.
For analysis purposes, the test year costs of service are expressed in terms of operating expenses,
depreciation, transfers, and funds available for capital improvements and/or reserve requirements.
We allocate test year costs of service to the various customer classes of CGS on the basis of the units
of service rendered. We then compare allocated costs of service with revenues under existing rates to
determine the return on allocated net plant for each customer class. The results of the cost of service
study should be viewed in the context of the relative return being earned by CGS from these
customer classes.
Our results indicate that under existing rates, with the exception of the single family residential rate
class, all of the rates of return are positive and the rate of return for each class is above the overall
rate of return.
Based on the results shown in Table 1-1, CGS' existing rates are not entirely adequate to meet its
operating need by the end of the forecast period as cumulative cash flow by 2012 becomes slightly
negative. While we do not recommend any changes to existing non-fuel base rates, as discussed
below, we propose that CGS create a Usage and Inflation Adjustment to offset margin erosion
evidenced in Table 1-1. We believe that CGS should consider the following:
1. Implement a Usage and Inflation Adjustment (VIA) tariff provision that replaces the current
Weather Normalization Adjustment (WNA). The proposed UIA should not only adjust for
normal weather, but also declining use and inflation. As indicated earlier, Residential use per
customer has been declining for a long time. This declining use erodes margin because even
though an average customer's use may be declining, the costs to serve that customer do not vary
with the volume of gas sold. In fact, due to inflationary pressures, the cost to serve increases over
time. The proposed tariff provision should be designed to give CGS the ability to effectively
adjust annually the margin rates, the non-fuel and customer charges, by the rate of customer use
decline from the base level included in this report and by the rate of inflation. In addition, the
adjustment mechanism would allow for the recovery of lost margins due to warmer than normal
weather as this would be reflected in the usage. The UIA should be applied to all standard
Residential and Commercial rates. The inflation index employed in the UIA is the U.S. city
average all urban consumers - (CPI-U) as prepared by the U.S. Department of Labor, Bureau of
Labor Statistics. The CPI-U as of July 2008 is 219.964.
Black & Veatch
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Item # 6
Attachment number 2
Page 10 of 70
SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
2. Increase the Residential Single-Family customer charges from $8 to $10 per month (excluding
the Pasco County fuel surcharge), the Small Multifamily Residential and Small Commercial
customer charges from $20 to $25 per month, the Medium Multifamily Residential and Medium
Commercial customer charges from $30 to $40 per month, and the Large Multifamily
Residential and Large Commercial customer charges from $75 to $95 per month. This is in line
with the level of customer charges in effect at the municipal and investor-owned gas utilities in
CGS' geographic area. At the same time, the non-fuel energy charges should be reduced from
the existing $0.58 per therm to $0.48 per therm for all Residential customers, from $0.47 per
therm to $0.46 per therm for the Small Commercial rates, from $0.41 per therm to $0.40 per
therm for the Medium Commercial rates, and from $0.35 per therm to $0.34 per therm for the
Large Commercial rates. The net effect of these changes is that there is no significant change in
base rate revenues from any customer class; the increases in revenues due to the increases in the
customer charges are offset by the decreases in revenues from the lower non-fuel energy charge.
These changes will also reduce CGS' exposure declining use and abnormal weather since less
margin revenues will be collected through the non-fuel energy charges.
3. Replace the current Environmental Imposition Adjustment (EIA) with a Regulatory Imposition
Adjust (RIA). The RIA includes all regulatory imposed programs, not just environment related
activities. There are initiatives being considered that may require local distribution companies
(LDCs) such as CGS to increase inspections and surveys and possibly replace older facilities
(such as cast iron and unprotected steel mains and services) and perform other distribution
integrity management evaluations and enhanced maintenance procedures. Additionally,
operational costs associated with mains and services relocations associated with roadway
construction would be recovered via the RIA. It is impossible to predict the timing or magnitude
of such initiatives and their economic impact on CGS. The RIA will allow CGS to track costs
incurred due to changes in regulations and to appropriately pass these costs onto customers in a
more timely fashion.
4. Due to the proposed increases in TECO's gas rates, increase the Pasco County customer
surcharges by 25 percent. This increase will not provide CGS with additional margin revenues,
but is intended to recoup the direct supply and transportation related cost increases.
5. Annually monitor the service charge hourly rates to reflect CGS' increase in costs as well as the
rates charges by competitors. The last time that these service charges were changed was 2005.
Since 2005 the Consumer Price Index ("CPI") has increased approximately 15 percent. We
recommend that the hourly charges be increased from $79 for a one person crew and $129 for a
two person crew to $95 and $159 respectively. Additionally, other labor related service charges
should be increased by approximately 15 percent. Finally we recommend that service charges
and labor rates be assessed annually based on the CPI and competing provider rates and be
increased accordingly.
Black & Veatch
1-7
Item # 6
Attachment number 2
Page 11 of 70
SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
6. Regularly monitor the rates charged by competitors for propane. Our projections are based on
service to propane customers essentially breaking even. Charges for propane service should be
increased to the extent possible when competitive factors are considered and to encourage the
load levels that CGS desires.
7. Implement minor changes to Other Commercial and Industrial Service and Air Conditioning
service tariffs to be consistent with modifications made to Residential and Commercial tariffs.
Table 1-2 shows the impact of the proposed rate changes including the implementation of the UIA
beginning in FY 2010. As shown in Table 1-2, the negative net cash flow in FY's 2010, 2011 and
2012 are mitigated sufficiently to maintain a projected positive cumulative cash flow over the
forecast horizon. Beyond the time line captured in our study, it is suggested that CGS review
anticipated cash flow and rates levels to confirm that adequate funding is maintained for its ongoing
operating and capital investment needs.
Black & Veatch
1-8
Item # 6
Attachment number 2
Page 12 of 70
SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 1-2
Clearwater Gas System
Historical and Projected Revenues & Revenue Requirements
Under Proposed Rates
Actual!
Line Historical ~ Projected
...!::!2.:... Description FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12
Ooeratina Revenue
Gas Sales
Fuel Revenue - Pasco 1,399,921 1,763,771 2,308,668 2,951,745 2,610,647 2,974,907 3,128,670 3,147,410 3,166,150 3,185,178
Fuel Revenue - Pinellas 12,376,286 14,872,455 17,688,669 21,782,985 17,909,266 19,967,537 18,839,344 18,944,836 18,795,867 18,905,427
Customer Fuel Surcharge - Pasco 12,840 12,960 13,080 13,200
Fuel Related Dividend Collection ~ ~ ~ ~ ~
Total Fuel Revenue 13,776,206 16,636,226 19,997,337 24,734,730 20,519,913 24,165,504 23,240,003 23,424,503 23,123,830 23,252,538
8 Non-Fuel Sales Revenue - Pasco 911,396 1,023,647 1,189,206 1,308,355 1,420,595 1,449,704 1,529,935 1,586,018 1,645,175 1,707,845
9 Non-Fuel Sales Revenue - Pinellas 8,861,754 9,002,984 9,052,402 9,003,073 8,856,198 8,611,738 9,044,248 9,362,380 9,628,546 9,985,003
10 Weather Normalization Adjustment Revenue (182) (0) 109,389 (68) 162,032 267,488
11 Energy Conservation Adjustment Revenue 1,313,753 1,153,198 1,112,957 1,405,454 1,667,358 1,364,356 1,670,342 1,678,768 1,668,554 1,677,276
12 ECA Related Dividend Collection 80,240 82,608 86,554 75,364 75,364
13 Environmental Imposition Adjustment Revenue -----1l ~ ~ ~ 0 ----1Q.Q...QQ.Q ----1Q.Q...QQ.Q ----1Q.Q...QQ.Q ----1Q..Q....QQ
14 Total Gas Margin 11086722 11179829 11563539 11837556 12157729 11773526 12427133 12813720 ~ 13545488
15 Total Gas Sales Revenue 24,862,928 27,816,055 31,560,876 36,572,286 32,677,642 35,939,030 35,667,135 36,238,222 36,241,469 36,798,026
16 Other Revenue
17 LP Sale Revenue Credit (1) 77,185 (16,569) (64,254) 15,777 34,629 123,317 123,300 123,300 123,300 123,300
18 Service Charges to Customers 4 072 304 4028137 4572138 5104597 4 664 381 ~ 4 885 000 4 890 000 4 890 000 4 890 000
19 Total Other Revenue 4,149,488 4,011,568 4,507,884 5,120,374 4,699,010 4,240,663 5,008,300 5,013,300 5,013,300 5,013,300
20 Total Operating Revenue 29,012,417 31,827,624 36,068,760 41,692,660 37,376,651 40,179,693 40,675,435 41,251,522 41,254,769 41,811,326
21 Revenue Reauirements
22 Gas Purchased 13,525,017 15,416,088 18,946,990 21,935,185 18,279,645 22,942,444 21,980,853 22,105,206 21,975,097 22,103,806
23 Operating & Maintenance /A&G 6,408,792 6,600,167 6,960,144 7,362,792 7,468,982 7,454,200 7,789,800 8,140,700 8,507,100 8,889,900
24 Project Expenses 120,000 110,000 530,000 500,000 500,000
25 EIA/ECA Recovery 1,282,439 1,400,658 1,372,454 1,342,491 1,275,703 1,364,355 1,770,342 1,778,768 1,768,554 1,777,276
26 Taxes ~ ~ 2174044 ~ ~ ~ ~ ~ ~ ~
27 Total Operating Expenses 22,980,890 25,385,733 29,453,633 32,961,737 29,199,472 33,877,549 33,647,595 34,551,273 34,747,352 35,267,582
28 Operating Income 6,031,527 6,441,891 6,615,127 8,730,923 8,177,179 6,302,144 7,027,840 6,700,249 6,507,418 6,543,745
29 Depreciation Expense (1,427,298) (1,464,754) (1,508,448) (1,570,743) (1,651,893 (1,543,770 (1,590,120) (1,753,470) (1,925,820) (2,095,170)
30 Net Operating Income before Transfer 4,604,229 4,977,136 5,106,679 7,160,179 6,525,286 4,758,374 5,437,720 4,946,779 4,581,598 4,448,575
31 Non Ooeratina Revenues lExoensesl
32 Earnings on Investments Revenue 238,998 227,990 327,672 611,995 850,084 832,365 500,000 500,000 500,000 500,000
33 Earnings on Investments of Bond Revenue 68,863
34 Interest Expense and Fiscal Charges (1,413,358) (1,351,319) (1,211,001) (1,189,812) (1,605,262 (826,840 (805,150) (779,664 ) (753,051) (724,301 )
35 Amortization of Bond Discount and Issue Costs (121,986) (147,498) (201,328) (200,908) (41,402 (200,900 (200,900) (200,900) (200,900) (200,900)
36 Gain (Loss) on Exchange of Assets (832) (4,679) (3,961
37 Other Non Operating Revenue ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
38 Total Non Operating Revenues (925,390) (1,032,360) (814,166) (503,954) (554,351 155,444 (318,510) (293,024 ) (266,411) (237,661)
39 Net Income before Transfer 3,678,839 3,944,777 4,292,512 6,656,226 5,970,936 4,913,818 5,119,210 4,653,755 4,315,186 4,210,913
40 Transfers In (Out) (2) (1,273,517) (1,085,873) (1,459,800) (1,411,684) (1,859,423 (1,606,340 (1,653,739) (1,732,736) (1,508,720) (1,508,720)
41 Net Income 2,405,322 2,858,904 2,832,712 5,244,542 4,111,513 3,307,478 3,465,471 2,921,020 2,806,466 2,702,193
42 Lona Term Debt Princioal Payments
43 Revenue Bonds
44 Series 2004 175,000 175,000 180,000 185,000 185,000
45 Series 2005 220,000 225,000 225,000 240,000 240,000
46 Series 2007 ----1Z..Q..,QQQ ----1Z..Q..,QQQ ----1Z..Q..,QQQ ----1Z..Q..,QQQ ----1Z..Q..,QQQ
47 Total Revenue Bonds Principal Payments 765,000 770,000 775,000 795,000 795,000
48 Plant Extension and Replacements 1,030,000 1,545,000 5,445,000 5,745,000 5,645,000
49 Net Cash Flow
50 Net Income 3,307,478 3,465,471 2,921,020 2,806,466 2,702,193
51 Principal Payments (765,000 (770,000) (775,000) (795,000) (795,000)
52 Plant Extension and Replacements (1,030,000 (1,545,000) (5,445,000) (5,745,000) (5,645,000)
53 Depreciation Expense 1,543,770 1,590,120 1,753,470 1,925,820 2,095,170
54 Amortization of Bond Discount and Issue Costs ~ ~ ~ ~ ~
55 Net Cash Flow 3,257,148 2,941,491 (1,344,610) (1,606,814) (1,441,737)
56 Cumulative Cash Flow 3,257,148 6,198,639 4,854,028 3,247,215 1,805,478
57 Margin on Sales 12,996,586 13,686,282 14,133,017 14,266,372 14,694,221
58 Net Cash Flow as % of Margin 25.06\\ 21.49% -9.51% -11.26% -9.81%
(1) LP revenue less cost of propane less propane O&M
(2) The FY 06/07 transfer includes dividend paid to the General Fund of $2.6 million net of a one time payment from the City of $744,208
Black & Veatch
1-9
Item # 6
Attachment number 2
Page 13 of 70
SECTION 1.0 EXECUTIVE SUMMARY
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 1-3 compares typical bills under CGS' recommended rates with Progress Energy and
Withlacoochee River Electric Cooperative (WREC) for a residential customer. As shown in Table 1-
3, CGS holds a competitive advantage to both Progress Energy and WREC for stand alone
applications for hot water and cooking, as well as the combination of water heating, cooking and
space heating. Comparing space heating in isolation to the other applications, natural gas service
(under recommended rates) is slightly higher as compared to an air-to-air heat pump.
Table 1-3
Clearwater Gas System
Comparison of Residential Bills with Recommended Rates
to Progress Energy and Withlacoochee River Electric Cooperative
Difference from CGS
Proqress
Enerqy WREC CGS(1) Proqress Enerqy WREC
$/kWh $/kWh $/therm
Total Rate 0.1198 0.10149 1.89
Estimated Energy Consumption kWh kWh Therms
Heating (2) 2250 2250 150
Hot Water 5000 5000 170
Cooking 2000 2000 45
Annual Cost
Heating $ 269.55 $ 228.35 $ 283.50 $ 13.95 5.2% $ 55.15 24.2%
Hot Water $ 599.00 $ 507.45 $ 321.30 $ (277.70) -46.4% $ (186.15) -36.7%
Cooking $ 239.60 $ 202.98 $ 85.05 $ (154.55) -64.5% $ (117.93) -58.1 %
Total $ 1,108.15 $ 938.78 $ 689.85 $ (418.30) -37.7% $ (248.93) -26.5%
(1) Includes October PGA and reflects proposed rate reduction of $0.10 per therm
(2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace
Note. 1 MMBtu equals 293 kWh at 100 percent efficiency.
Progres Energy rates are for 1,000 kWh and above.
Progres Energy rates source: http://progress-energy.com/custservice/flares/communicate/ResRates.pdf
Black & Veatch
1-10
Item # 6
Attachment number 2
Page 14 of 70
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CGS provides service to residential, commercial, and industrial customers in Pinellas and Pasco
Counties.
Table 2-1 summanzes historical and projected average number of customers, throughput, and
revenues under existing rates for each natural gas rate schedule. The number of customers served by
CGS has increased by about 415 customers, or approximately 2.5 percent, from 16,764 in 2006 to
17,179 in 2007. The increase in customers is largely attributable to the addition of residential
customers. For the period 2003-2007, throughput (sales) has averaged about 21,413,717 therms.
Based upon recent history, we project that number of customers and throughput will increase slightly
during the projected period. Our projection of numbers of customers and throughput are conservative
based on our discussion with management regarding marketing efforts and potential large load
additions. We reflect actual number of customers billed and throughput through September 2007.
We project number of customers and weather normalized throughput to increase slightly by 2012 to
18,040 and 21,503,540 therms, respectively.
Throughout the projection period, we assume that use per customer (therms per customer) is
constant at the level experienced by CGS over the recent historical period. However, as shown in
Figure 2-1, Residential use per customer has experienced a consistent and significant decline over
the last dozen years. While the numbers in Figure 2-1 are not weather normalized with the exception
of the figure shown for FY 2008, the decline exhibited is too large to be explained by weather since
heating degree-days in Clearwater are relatively low. Residential Single-Family use per customer
has declined from 270 therms per year FY 1996 to approximately 192 therms per year in FY 2007.
It should be noted that weather conditions during FY 2007 and FY 2008 have been significantly
warmer than normal as measured by heating degree-days. FY 2007 was approximately 20 percent
warmer than normal and FY 2008 to date is approximately 35 percent warmer than normal. The
weather normalized use per Residential Single-Family customer reflected in the projected period is
204 therms per year. The baseline FY 2008 use per Standard Commercial Ratel customer is 4059 per
year. The decline experienced in Clearwater is consistent with trends we have seen throughout the
country as older less efficient equipment (water heaters and furnaces, primarily) are being replaced
with more efficient equipment. This decline appears to be primarily contained to the Residential
customer classes.
I CGS rate schedules NSFC, NMFC, NLFC, NSGS, NMGS and NLGS.
Black & Veatch
2-1
Item # 6
Attachment number 2
Page 15 of 70
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Figure 2-1
Clearwater Gas System
Residential Single-Family Use per Customer
300
175
275
250
(/)
E 225
Q)
..c
......
200
150
FY 95/96 FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08
Annual Use per Residential Single-Family Customer
Historic Actual Usage
Weather Normalized Forecast
The class throughput forecasts are based on the product of the number of customers and the use per
customer forecasts. For customer classes whose usage is weather dependent (residential and
commercial), the use per customer forecasts are based on regression analyses of use per customer
versus heating degree-days and time to take into account changes in usage characteristics over time.
Normal (weather normalized) use per customer is then forecast using the regression coefficients and
normal heating degree-days. We base our forecast on annual heating degree-days of 499 which is the
average experienced in Clearwater over the last 10 years. For customer classes whose usage is not
weather dependent (interruptible and industrial), the primary consideration is the historical trend in
use per customer.
We project operating revenues under existing rates to increase slightly to $40.8 million during the
projection period, which is consistent with our underlying assumption with regards to number of
customers and the recent high cost of purchased gas. Under existing rates, we assume the cost of gas
to be $1.15 per therm except for contract and interruptible customers.
Black & Veatch
2-2
Item # 6
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Attachment number 2
Page 18 of 70
SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Adequacy of the existing rates is tested by comparing revenues under existing rates with revenue
requirements. To help test the reasonableness of individual rate schedules, revenue requirements are
allocated to cost functions and to customer classes. The resulting allocated cost can be used as a
measure of the reasonableness of recommended rate levels.
Revenues of CGS consist of operating and non-operating revenues. Revenue requirements of CGS
consist of operating expenses, debt service requirements, and financing of capital improvements.
Revenues in excess of revenue requirements represent net revenues available to CGS to make
contributions to the general operating fund of the City and to provide a reserve for CGS
contingencies.
An analysis of future revenue requirements of CGS is presented in Table 2-2. The use of a future
period is used to determine the adequacy of existing natural gas rates to meet the operating expenses,
transfers, depreciation expense, and non-operating expenses. Also, the adequacy of net cash is tested
to determine whether sufficient cash is generated to fund capital improvements internally. We show
historical data from the years 2003 through 2007, we show actual/budgeted data for 2008, and we
project future revenue requirements for the four-year period 2009 through 2012. Historical
information is based on financial statements and information provided to us by CGS. Projections for
the forecast period reflect current inflationary trends and short and long-range capital improvement
program for CGS, as provided by CGS staff.
CGS' operating revenues are shown in Table 2_22, Lines 1 through 20. Operating revenues are
directly affected by the level of rate charges and gas costs, which are passed through directly to
CGS' customers. Operating revenues consist principally of revenues from the distribution of gas
utility service to CGS customers. On a monthly basis, CGS changes rates to reflect increases and
decreases in the cost of gas that CGS purchases for its sales service customers.
Other revenues, shown on Lines 16 through 19, include revenues associated with LP sales revenue
credit, gas service charges, appliance sales, franchise fees, gross receipts tax collection, installation
charges, inspection fees, and late payment fees. We project other revenues to remain flat at
$5 million during the forecast period.
2 Note that projected Total Gas Sales Revenue shown on line 15 of Table 2-2 reconciles to the Total Revenue column on
Table 2-1 by excluding the following Table 2-2 items:
a. Line 6, Fuel Related Dividend Collection
b. Line II, Energy Conservation Adjustment Revenue
c. Line 12, ECA Related Dividend Collection
d. Line 13, Environmental Imposition Adjustment Revenue
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SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 2-2
Clearwater Gas System
Historical and Projected Revenues & Revenue Requirements
Under Existing Rates
Actual!
Line Historical ~ Proiected
~ Description FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12
Qperatina Revenue
Gas Sales
Fuel Revenue - Pasco 1,399,921 1,763,771 2,308,668 2,951,745 2,610,647 2,974,907 3,128,670 3,147,410 3,166,150 3,185,178
Fuel Revenue - Pinellas 12,376,286 14,872,455 17,688,669 21,782,985 17,909,266 19,967,537 18,839,344 18,944,836 18,795,867 18,905,427
Customer Fuel Surcharge - Pasco 10,296 10,392 10,488 10,584
Fuel Related Dividend Collection ~ ~ ~ ~ ~
Total Fuel Revenue 13,776,206 16,636,226 19,997,337 24,734,730 20,519,913 24,165,504 23,237,459 23,400,177 23,121,238 23,249,922
8 Non-Fuel Sales Revenue - Pasco 911,396 1,023,647 1,189,206 1,308,355 1,420,595 1,449,704 1,533,030 1,544,760 1,556,490 1,568,461
9 Non-Fuel Sales Revenue - Pinellas 8,861,754 9,002,984 9,052,402 9,003,073 8,856,198 8,611,738 8,984,002 9,047,040 9,040,538 9,105,831
10 Weather Normalization Adjustment Revenue (182) (0) 109,389 (68) 162,032 267,488
11 Energy Conservation Adjustment Revenue 1,313,753 1,153,198 1,112,957 1,405,454 1,667,358 1,364,356 1,670,342 1,678,768 1,668,554 1,677,276
12 ECA Related Dividend Collection 80,240 82,608 85,126 75,364 75,364
13 Environmental Imposition Adjustment Revenue -----1l ~ ~ ~ (0 100000 ----1Q..Q..Q..Q ----1Q..Q..Q..Q ----1Q..Q..QQQ.
14 Total Gas Margin 11086722 11179829 11563539 11837556 12157729 11773526 12369982 12455694 12440946 12526931
15 Total Gas Sales Revenue 24,862,928 27,816,055 31,560,876 36,572,286 32,677,642 35,939,030 35,607,440 35,855,872 35,562,184 35,776,853
16 Other Revenue
17 LP Sale Revenue Credit (1) 77,185 (16,569) (64,254) 15,777 34,629 123,317 123,300 123,300 123,300 123,300
18 Service Charges to Customers 4 072 304 4028137 ~ 5104597 4 664 381 ~ 4 885 000 4 890 000 4 890 000 4 890 000
19 Total Other Revenue 4,149,488 4,011,568 4,507,884 5,120,374 4,699,010 4,240,663 5,008,300 5,013,300 5,013,300 5,013,300
20 Total Operating Revenue 29,012,417 31,827,624 36,068,760 41,692,660 37,376,651 40,179,693 40,615,740 40,869,172 40,575,484 40,790,153
21 Revenue Reauirements
22 Gas Purchased 13,525,017 15,416,088 18,946,990 21,935,185 18,279,645 22,942,444 21,978,309 22,102,638 21,972,505 22,101,190
23 Operating & Maintenance /A&G 6,408,792 6,600,167 6,960,144 7,362,792 7,468,982 7,454,200 7,789,800 8,140,700 8,507,100 8,889,900
24 Project Expenses 120,000 110,000 530,000 500,000 500,000
25 EIA/ECA Recovery 1,282,439 1,400,658 1,372,454 1,342,491 1,275,703 1,364,355 1 ,770,342 1,778,768 1,768,554 1,777,276
26 Taxes ~ ~ 2174044 ~ ~ ~ ~ ~ ~ ~
27 Total Operating Expenses 22,980,890 25,385,733 29,453,633 32,961,737 29,199,472 33,877 ,549 33,645,051 34,548,705 34,744,760 35,264,966
28 Operating Income 6,031,527 6,441,891 6,615,127 8,730,923 8,177,179 6,302,144 6,970,689 6,320,466 5,830,724 5,525,188
29 Depreciation Expense (1,427,298) (1,464,754) (1,508,448) (1,570,743) (1,651,893 (1,543,770 (1,590,120) (1,753,470) (1,925,820) (2,095,170)
30 Net Operating Income before Transfer 4,604,229 4,977,136 5,106,679 7,160,179 6,525,286 4,758,374 5,380,569 4,566,996 3,904,904 3,430,018
31 Non Qperatina Revenues (Expenses)
32 Earnings on Investments Revenue 238,998 227,990 327,672 611,995 850,084 832,365 500,000 500,000 500,000 500,000
33 Earnings on Investments of Bond Revenue 68,863
34 Interest Expense and Fiscal Charges (1,413,358) (1,351,319) (1,211,001) (1,189,812) (1,605,262 (826,840 (805,150) (779,664) (753,051 ) (724,301)
35 Amortization of Bond Discount and Issue Costs (121,986) (147,498) (201,328) (200,908) (41,402 (200,900 (200,900) (200,900) (200,900) (200,900)
36 Gain (Loss) on Exchange of Assets (832) (4,679) (3,961
37 Other Non Operating Revenue ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
38 Total Non Operating Revenues (925,390) (1,032,360) (814,166) (503,954) (554,351 155,444 (318,510) (293,024) (266,411) (237,661)
39 Net Income before Transfer 3,678,839 3,944,777 4,292,512 6,656,226 5,970,936 4,913,818 5,062,059 4,273,972 3,638,493 3,192,356
40 Transfers In (Out) (2) (1,273,517) (1,085,873) (1,459,800) (1,411,684) (1,859,423 (1,606,340 (1,653,739) (1,704,160) (1,508,720) (1,508,720)
41 Net Income 2,405,322 2,858,904 2,832,712 5,244,542 4,111,513 3,307,478 3,408,320 2,569,812 2,129,773 1,683,636
42 Lona Term Debt Principal Payments
43 Revenue Bonds
44 Series 2004 175,000 175,000 180,000 185,000 185,000
45 Series 2005 220,000 225,000 225,000 240,000 240,000
46 Series 2007 ~ ----1Z..Q,.QQQ. ~ ~ ----2Z.Q,.QQQ.
47 Total Revenue Bonds Principal Payments 765,000 770,000 775,000 795,000 795,000
48 Plant Extension and Replacements 1,030,000 1,545,000 5,445,000 5,745,000 5,645,000
49 Net Cash Flow
50 Net Income 3,307,478 3,408,320 2,569,812 2,129,773 1,683,636
51 Principal Payments (765,000 (770,000) (775,000) (795,000) (795,000)
52 Plant Extension and Replacements (1,030,000 (1,545,000) (5,445,000) (5,745,000) (5,645,000)
53 Depreciation Expense 1,543,770 1,590,120 1,753,470 1,925,820 2,095,170
54 Amortization of Bond Discount and Issue Costs ~ ~ ~ ~ ~
55 Net Cash Flow 3,257,148 2,884,340 (1,695,818) (2,283,507) (2,460,294)
56 Cumulative Cash Flow 3,257,148 6,141,488 4,445,670 2,162,163 (298,131)
57 Margin on Sales 12,996,586 13,629,131 13,753,234 13,589,679 13,675,664
58 Net Cash Flow as % of Margin 25.06\\ 21.16% -12.33% -16.80% -17.99%
(1) LP revenue less cost of propane less propane O&M
(2) The FY 06/07 transfer includes dividend paid to the General Fund of $2.6 million net of a one time payment from the City of $744,208
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SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Operating Expenses
Operating expenses include purchased gas expense, operation and maintenance expense,
administrative and general expense, and other expenses. Projections of future operating expense are
based on analyses of historical trends in operating data, with consideration of both current and
anticipated future operating conditions and inflationary impacts.
Total operating expenses (Table 2-2, Line 27) have grown significantly over the past six years from
$23 million in 2003 to $29.2 million in 2007. The largest O&M expense is the cost of purchased gas.
Purchased gas expense increased from $13.5 million in 2003 to $18.3 million in 2007 (Line 22). The
increase in purchased gas expenses during this period was primarily due to the spike in cost of gas
resulting from market conditions over the past several years. CGS passes along changes in natural
gas costs to its retail customers on a monthly basis through a purchased gas adjustment (PGA).
Operation and maintenance (O&M) and administrative and general (A&G) expense are shown in
aggregate on Line 23 of Table 2-2. These expenses include salaries and employee benefits, materials
and supplies, repairs and maintenance, contractual services, and office and utility expenses. O&M
and A&G expenses have increased about 3 percent per year during the historical period. We project
O&M and A&G expenses to increase about 4.5 percent annually, growing from $7.5 million in 2007
to $8.9 million by 2012. Much of this increase is attributable to the continued increases in salaries
and benefits. Project expenses on Line 24, approximately equal to 10 percent of forecasted capital
improvements, are treated in the same fashion as operation and maintenance and A&G expenses.
EIA/ECA recovery shown in Line 25, are expenses that are recovered through the EIA and ECA
riders in CGS' tariff. The ECA is the Energy Conservation Adjustment is intended to recover costs
associated with energy conservation programs. The EIA is the Environmental Imposition
Adjustment and is intended to recover the cost of environmental programs imposed on CGS by
federal, state, or local regulatory agencies. The taxes shown on Line 26 primarily consist of franchise
and gross receipts taxes.
Non-operating revenues/expenses include interest income, interest expenses and fiscal charges,
amortization of bond discount and issue costs and other non-operating revenues. These revenues and
expenses are shown on Table 2-2, Lines 31 through 38. Interest earnings, amortization of debt
issuance costs and other operating revenues are forecast to remain flat during the forecast period.
Interest expenses are forecasted to decline through the period consistent with CGS paying down debt
during the period.
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SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Transfers to the City
CGS' payment to the City has ranged from $1.2 million to $2.6 million during the historical period
(Line 40). Based on our discussion with CGS management, we have forecast CGS' annual payment
to the City to equal the greater of one-half of the previous year's net income, or $1.5 million during
the forecast period. If the transfer should exceed this amount, a base rate increase may be necessary
to provide adequate cash flow for CGS. Such an increase could negatively impact CGS
competitiveness.
Depreciation
Depreciation is also classified as an operating expense and hence a revenue requirement. This
concept follows generally accepted accounting practices. Since depreciation represents a non-cash
item, it does not create a cash requirement. Depreciation is the method by which the cost of capital
investment is charged to operations over the life of the property. We forecast the annual depreciation
expense (Line 29) for CGS to increase from $1.6 million in 2007 to $2.1 million in 2012. The
increase in depreciation expense is based on the assumption that CGS will invest in its system the
capital amounts shown on Line 48 of Table 2-2.
Debt Service
Debt service includes interest and principal payments on revenue bonds issued by CGS. CGS
currently has three outstanding bond series. The first is related to the issuance of bonds in 2004 to be
paid off in fiscal year 2026. The second is related to the issuance of bonds in 2005 to be paid off in
fiscal year 2027. The third is related to the issuance of bonds in 2007 to be paid off in fiscal year
2017.
The principal payments associated with these debts issues are shown on Lines 44 through 46 on
Table 2-2. Principal payments are projected to be approximately $800,000 annually during the
forecast period. The interest payments and amortization of debt issuance costs are shown on Line 34
and 35.
Plant Extensions and Replacements
Plant extensions and replacements include normal annual additions and replacements and the portion
of major capital improvements financed from current revenues. Normal additions consist primarily
of additions to distribution and general plant facilities. Plant extensions and replacements for CGS
for the 2008 through 2012 period are shown on Line 48 of Table 2-2.
Using the capital improvement plan provided by CGS, we project capital expenditures between $1.5
to $5.7 million annually will be financed through revenues during the 2009-2012 period. We
summarize projected capital improvements for CGS in the table below. The large increase beginning
in fiscal year 2010 is reflective of an expected improvement in the local economic climate and the
associated increased construction. The timing of the ramp up in capital project spending is somewhat
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SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
speculative and is partially dependent upon econonuc factors beyond the control of CGS. As
discussed more fully below, CGS is generating sufficient cash flow to fund these levels of capital
improvements from internal sources without issuing debt.
$ $ $ $ $
Gas Meter Change Pinellas - Out 210,000 210,000 210,000 210,000 840,000
Line Relocating Pinellas - Capitalized 0 300,000 300,000 300,000 900,000
Pinellas New Mains & Service Lines 200,000 1,200,000 1,200,000 1,300,000 3,900,000
Pasco New Mains & Service Lines 300,000 3,200,000 3,500,000 3,300,000 10,300,000
Pasco Gas Meter Change - Out 210,000 210,000 210,000 210,000 840,000
Line Relocation Pasco - Capitalized 300,000 0 0 0 300,000
Building Renovation - Capitalized 125,000 125,000 125,000 125,000 500,000
Future IMS software and hardware 0 0 0 0 0
Gas Mains Program funded by
Dividend 200,000 200,000 200,000 200,000 800,000
Total New Capital 1,545,000 5,445,000 5,745,000 5,645,000 18,380,000
CGS does not plan to issue any debt to support the capital improvements shown above during the
2009-2012 forecast period.
Net Cash Flow
As shown on Line 55 of Table 2-2, we project CGS' cash flow to be negative in FY 2010,2011, and
2012, on a cumulative basis totaling approximately negative $6.4 million over the three years. This
is due primarily to the large increases forecasted for capital expenditures during those years.
However, cash flow is projected to be significantly positive during FY 2008 and 2009 on a
cumulative basis totaling approximately $6.1 million. Therefore, the cumulative net cash flow over
the study period is a slightly negative $.3 million. Based on this analysis, CGS' existing rates are not
entirely adequate to meet its capital expenditures over the forecast period.
Based on our projections, we do not recommend an overall increase in base rates during the forecast
period. However, given the cash flow results shown in Table 2-2, and as detailed in the last section
of this report, we recommend that CGS implement a Usage and Inflation Adjustment (UIA) tariff
provision that replaces the current Weather Normalization Adjustment (WNA) in order to allow it to
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SECTION 2.0 REVENUES AND REVENUE REQUIREMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
continue adequately funding operations, including meeting anticipated capital expenditure
requirements, through 2012. The UIA seeks to preserve the current level of margin revenues from
the potentially eroding effects of inflation, declining user per customer and weather and thus
generate sufficient incremental cash flow for CGS to fund its operations without seeking a base rate
increase. Our proj ections are contingent upon CGS maintaining load levels (customers and
throughput) at the levels projected and that costs (including payments to the City) do not increase
significantly above the levels projected. Also in the last section of this report, we present some
revenue neutral rate changes and tariff provisions that CGS might consider implementing.
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Page 24 of 70
SECTION 3.0 COST OF SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 3.0 COST OF SERVICE
Allocation of cost of service to customer classes provides a measure of the responsibility of each
customer class for the total cost of utility service provided by CGS. Comparison of these costs with
rate revenues under existing rates provides a guide for the development of fair and equitable rates.
The allocation of cost of service is based upon conditions estimated for a test year that reflects
typical operations of the natural gas system. The cost of service to be recovered from natural gas
sales is set to equal to 2009 test year sales operating revenues (under existing rate levels, excluding
fuel and ECA related dividend collections) of$39,273,9833.
In order to allocate costs of service to customer classifications, test year revenue requirements are
separated between operating expense, depreciation expense, transfers, and funds available for capital
improvements and/or reserve requirements. The costs related to these elements for the test year are
as follows:
2009 Test Year Cost of Service
Operating Expense
Depreciation Expense
Transfers
Cap Imp/Reserve Requirements
Total Cost of Service
33,645,051
1,590,120
1,653,739
2,385,073
39,273,983
Operating expenses include operation and maintenance, purchased gas, administrative and general,
and bad debt.
Depreciation expense is the allocation of an asset's cost over the useful life of the asset.
Transfers are the amount of operating income that is transferred to the City of Clearwater.
The balance of annual revenues after operating expenses, transfers, and depreciation expense
allowances are funds available for capital improvements and/or reserve requirements. This balance
plus depreciation is the total amount of cash flow available.
3 Table 2-2, FY 08/09, Line 20 minus Line 6 minus Line 12.
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SECTION 3.0 COST OF SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
For purposes of class cost of service, current customer classifications are used. The table below
summarizes number of customers, throughput, and revenues under present rates for the test year.
Customers, Energy Sales, and Revenues
Clearwater Gas System
2009 Test Year
Residential
Single-Family 1-3 U
Single-Res M-Family
Medium Res M-Family
Large Res M-Family
Subtotal
therms $
15,251 3,103,902 6,843,303
58 86,366 163,281
4 154,855 269,338
2 124,384 216,985
15,315 3,469,507 7,492,907
Commercial
Small Commercial (1)
Medium Commercial (2)
Large Commercial (3)
Subtotal
1,364 4,164,185 7,073,700
77 1,591,076 2,509,799
1 98,4 75 148,613
1 ,442 5,853,736 9,732,112
16,757 9,323243 17,225,019
Total (4)
(1) Small Commercial includes rates NSFC and NSGS
(2) Medium Commercial includes rates NMFC and NMGS
(3) Large Commercial includes rates NLFC and NLGS
(4) Total excludes vehicle, standby, street lighting, air conditioning, contracts and interruptible service
because revenues from these rates are credited to cost of service.
Costs are allocated to customer classes in proportion to the class responsibility for the functional use
of the natural gas system. Functional factors used in this study include demand requirements, volume
of gas (throughput), and number of customers.
A portion of natural gas distribution mains and distribution regulators are examples of capacity
related facilities. The investment in these facilities and the expenses associated with their operations
are mainly determined by customer peak demands. Costs related to throughput are those that tend to
vary with the quantity of natural gas delivered. The commodity cost of purchased gas is a typical
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SECTION 3.0 COST OF SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
example of a throughput related cost that applies to non-transportation customers. Customer related
costs are expenses associated with items such as service lines, meters, house regulators, customer
billing, and accounting and tend to vary with the number of customers served.
Cost Functions
The functional classification of cost of service is based upon an analysis of the use of major plant
elements. The major plant elements for a natural gas utility include mains, services, meters and
regulators, and general plant. We classifY the major plant elements to functions and then use this
allocation as our basis to allocate operating and maintenance and administrative and general
expenses to functions.
Table 3-1 shows the functional classification of rate base and expenses. We classify costs into six
major functions: distribution - capacity, distribution - commodity, distribution - customer, meters
and regulators, services, and customer accounting.
With regard to CGS' investment in mains, we classify 40 percent of the fixed costs as capacity or
demand related, 10 percent as commodity or throughput related, and 50 percent as customer related.
These percentages are based on our experience with detailed studies we have done for other natural
gas distribution utilities.
We classify costs associated with the services as services related costs. We classify costs associated
with meters and regulators as meters and regulators related costs. We assign 60 and 40 percent,
respectively, of O&M expenses (excluding customer accounting and administrative and general) to
mains & services and meters as shown on Lines 11 and 12 of Table 3-1. This assignment is based on
our experience with the relative relationship of these expenses for other natural gas utilities. We
classify customer accounting expenses as customer accounts related costs.
Table 3-2 shows the allocation of test year operating expense, depreciation expense, transfers, and
funds available for capital improvements and/or reserve requirements to functional classifications.
Page 1 of Table 3-2 summarizes the allocators developed in Table 3-1. On Page 2, we then apply the
functional allocators to the costs of service. We also show other revenues as a credit to cost of
service. The total cost of service on Line 13 excludes the cost of gas associated with revenues that
are credited to cost of service as well as ECA/EIA revenues which are not included in the revenues
that are compared to cost of service because these revenues are collected through a separate tariff
rate. Revenues credited to cost of service include $4.9 million of service charges to customers and
$4.4 million in net revenues to classes credited to cost of service. The net revenues from classes
credited to cost of service primarily include net revenues from propane sales, contract natural gas
sales and interruptible sales. The prices for service to these customers are generally based on market
conditions rather than allocated cost of service.
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SECTION 3.0 COST OF SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Allocation Factors and Allocation of Cost of Service
Table 3-3 shows the development of the allocation factors used to allocate commodity, capacity,
services, meters and regulators, and customer accounting related costs to customer classes. The class
responsibility for commodity (variable) costs is proportional to the amount of gas throughput and is
distributed to customer classes on that basis (Lines 1-3). Capacity related costs (Lines 4-7) are
allocated to customer classes on the basis of estimated maximum demand. Test year maximum
demands are derived from estimated load factors for each customer class using the results of
statistics developed in the determination of weather normalized throughput.
The allocation of distribution customer related costs are shown on Lines 8-12 of Table 3-3.
Distribution customer related costs are not the same as the customer related function. Within the
distribution primary account are the services, meters, and regulators used to serve individual
customers. Costs associated with these items are considered customer related. There is also a
customer component of distribution mains, which recognizes the implication of the distance between
individual customers (customer density) on the cost of distribution mains. The weighting factors that
we show on Line 10 recognize the relative difference in cost to serve the various customer classes
compared to the residential classes. We apply weighting factors that are typical of our experience
with detailed studies we have completed for other gas distribution utilities.
Services and meter costs are related to the maintenance and capital charges associated with services
and meters. The cost of service responsibility for customer costs is allocated to the customer
classifications on the basis of annual bills for the test year. For equitable cost allocation, the number
of bills are weighted to recognize cost differences due primarily to load size and type of service
rendered. We show the development of weighting factors for services and meters/regulators on Line
15 and Line 20, respectively.
Customer accounting costs are related to collection and accounting of bills rendered to CGS
customers. We show the development of weighting factors for customer accounting on Line 25.
Revenues under existing rates (Line 30) are used as the basis to allocate 50 percent of transfers. The
remaining 50 percent is allocated to classes based on plant in service.
Allocation of cost of service to customer classes and the resultant rate of return by customer class are
shown in Table 3-4. This allocation is made by distributing costs assigned to cost functions in Table
3-2, Page 2 to customer classes using the class allocation factors developed in Table 3-3.
Black & Veatch
3-4
Item # 6
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Attachment number 2
Page 32 of 70
SECTION 3.0 COST OF SERVICE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 3-4 contains a comparison of allocated cost of service with test year revenues under existing
rates to determine the return on allocated net plant investment for each of the customer classes. The
rate of return shown in this table is shown strictly to provide a means to measure the relative
contribution of each class to cost of service. The absolute percentage is not critical for a non-profit
municipal system. What is useful is the relative percentages by class. Under existing rates, with the
exception of the single family residential rate class, all of the rates of return are positive and the rate
of return for each class is above the overall rate of return.
Black & Veatch
3-9
Item # 6
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Attachment number 2
Page 34 of 70
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
Based on the results shown in Table 2-2, CGS' existing rates are not entirely adequate to meet its
operating need by the end of the forecast period as cumulative cash flow by 2012 becomes slightly
negative. While we do not recommend any changes to existing non-fuel base rate revenues, as
discussed below, we propose that CGS create a Usage and Inflation Adjustment to offset margin
erosion evidenced in Table 2-2. We believe that CGS should consider the following:
1. Implement a Usage and Inflation Adjustment (VIA) tariff provision that replaces the current
Weather Normalization Adjustment (WNA). The proposed UIA should not only adjust for
normal weather, but also declining use and inflation. As indicated earlier, Residential use per
customer has been declining for a long time. This declining use erodes margin because even
though an average customer's use may be declining, the costs to serve that customer do not
vary with the volume of gas sold. In fact, due to inflationary pressures, the cost to serve
increases over time. The proposed tariff provision should be designed to give CGS the ability
to effectively adjust annually the margin rates, the non-fuel and customer charges, by the rate
of customer use decline from the base level included in this report and by the rate of
inflation. In addition, the adjustment mechanism would allow for the recovery of lost
margins due to warmer than normal weather as this would be reflected in the usage. The UIA
should be applied to all standard Residential and Commercial rates. The inflation index
employed in the UIA is the U.S. city average all urban consumers - (CPI-U) as prepared by
the U.S. Department of Labor, Bureau of Labor Statistics. The CPI-U as of July 2008 is
219.964.
2. Increase the Residential Single-Family customer charges from $8 to $10 per month
(excluding the Pasco County fuel surcharge), the Small Multifamily Residential and Small
Commercial customer charges from $20 to $25 per month, the Medium Multifamily
Residential and Medium Commercial customer charges from $30 to $40 per month, and the
Large Multifamily Residential and Large Commercial customer charges from $75 to $95 per
month. This is in line with the level of customer charges in effect at the municipal and
investor-owned gas utilities in CGS' geographic area (as summarized on Table 4-1). At the
same time, the non-fuel energy charges should be reduced from the existing $0.58 per therm
to $0.48 per therm for all Residential customers, from $0.47 per therm to $0.46 per therm for
the Small Commercial rates, from $0.41 per therm to $0.40 per therm for the Medium
Commercial rates, and from $0.35 per therm to $.34 per therm for the Large Commercial
rates. The net effect of these two changes is that there is no significant change in base rate
revenues from any customer class; the increases in revenues due to the increases in the
customer charges are offset by the decreases in revenues from the lower non-fuel energy
Black & Veatch
4-1
Item # 6
Attachment number 2
Page 35 of 70
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
charge. These changes will also reduce CGS' exposure declining use and abnormal weather
since less margin revenues will be collected through the non-fuel energy charges. The
recommended rates are summarized in Table 4-2.
3. Replace the current Environmental Imposition Adjustment (EIA) with a Regulatory
Imposition Adjust (RIA). The RIA includes all regulatory imposed programs not just
environment related activities. There are initiatives being considered that may require local
distribution companies (LDCs) such as CGS to increase inspections and surveys and possibly
replace older facilities (such as cast iron and unprotected steel mains and services) and
perform other distribution integrity management evaluations and enhanced maintenance
procedures. Additionally, operational costs associated with mains and services relocations
associated with roadway construction would be recovered via the RIA. It is impossible to
predict the timing or magnitude of such initiatives and their economic impact on CGS. The
RIA will allow CGS to track costs incurred due to changes in regulations and to
appropriately pass these costs onto customers in a more timely fashion.
4. Due to the proposed increases in TECO's gas rates, increase the Pasco County customer
surcharges by 25 percent. This increase will not provide CGS with additional margin
revenues, but is intended to recoup the direct supply and transportation related cost increases.
5. Annually monitor the service charge hourly rates to reflect CGS' increase in costs as well as
the rates charges by competitors. The last time that these service charges were changed was
2005. Since 2005 the Consumer Price Index ("CPI") has increased approximately 15 percent.
We Recommend that the hourly charges be increased from $79 for a one person crew and
$129 for a two person crew to $95 and $159 respectively. Additionally, other labor related
service charges should be increased by approximately 15 percent. Finally we recommend that
service charges and labor rates be assessed annually based on the CPI and competing
provider rates and be increased accordingly.
6. Regularly monitor the rates charged by competitors for propane. Our projections are based on
service to propane customers essentially breaking even. Charges for propane service should
be increased to the extent possible when competitive factors are considered and to encourage
the load levels that CGS desires.
7. Implement minor changes to Other Commercial and Industrial Service and Air Conditioning
service tariffs to be consistent with modifications made to Residential and Commercial
tariffs.
Table 4-3 shows the impact of the proposed rate changes including the implementation of the VIA
beginning in FY 2010. As shown in Table 4-3, the negative net cash flow in FY's 2010, 2011 and
2012 are mitigated sufficiently by the proposed rate changes to maintain a projected positive
cumulative cash flow over the forecast horizon. Beyond the time line captured in our study, it is
Black & Veatch
4-2
Item # 6
Attachment number 2
Page 36 of 70
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
suggested that CGS review anticipated cash flow and rates levels to confirm that adequate funding is
maintained for its ongoing operating and capital investment needs.
Table 4-4 shows the revenues under proposed rates discussed above and the impact of applying a 4.5
percent inflation adjustment (the same underlying inflation assumption used to project O&M and
A&G expenses) to Residential and Commercial customers. The volumes used for Table 4-4 already
reflect normal weather and no additional decline in use per customer. To the extent that weather is
abnormal and Residential usage actually declines in the projected period, the proposed VIA should
adjust rates to collect the shortfall.
Table 4-5 compares typical bills under CGS' recommended rates with Progress Energy and
Withlacoochee River Electric Cooperative (WREC) for a residential customer. As shown in Table 4-
5, CGS holds a competitive advantage to both Progress Energy and WREC for stand alone
applications for hot water and cooking, as well as the combination of water heating, cooking and
space heating. Comparing space heating in isolation to the other applications, natural gas service
(under recommended rates) is slightly higher as compared to an air-to-air heat pump.
Black & Veatch
4-3
Item # 6
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Attachment number 2
Page 38 of 70
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 4-2
Clearwater Gas System
Existing and Recommended Natural Gas Rates
Existing Recommended
Distribution Customer Pasco Distribution Customer Pasco
Charge Charge Surcharge Charge Charge Surchage
$/Therm $/bill/month $/bill/month $/Therm $/bill/month $/bill/month
GAS
RESIDENTIAL SERVICE
SINGLE-FAMILY 1-3 U (NRS) 0.58 8.00 4.00 OA8 10.00 5.00
SMALL RES M-FAM (NSFD) 0.58 20.00 4.00 OA8 25.00 5.00
MEDIUM RES M-FAM (NMFD) 0.58 30.00 4.00 OA8 40.00 5.00
LARGE RES.M-FAM (NLFD) 0.58 75.00 4.00 OA8 95.00 5.00
COMMERCIAL & INDUSTRIAL SERVICE. MUL TI.FAMILY
SMALL COM. M-FAM (NSFC) OA7 20.00 10.00 OA6 25.00 15.00
MEDIUM COM.M-FAM (NMFC) OA1 30.00 20.00 OAO 40.00 30.00
LARGE COM.M-FAM (NLFC) 0.35 75.00 50.00 0.34 95.00 65.00
GENERAL COMMERCIAL & INDUSTRIAL SERVICE
SMALL COMMERCIAL (NSGS) OA7 20.00 10.00 OA6 25.00 15.00
MEDIUM COMMERCIAL (NMGS) OA1 30.00 20.00 OAO 40.00 30.00
LARGE COMMERCIAL (NLGS) 0.35 75.00 50.00 0.34 95.00 65.00
OTHER COMMERCIAL & INDUSTRIAL SERVICES
VEH ICLE (NGV) 0.10 20.00 10.00 Contract Rate (GS only)
STANDBY (NSS) OA7 50.00 25.00 OA6 50.00 25.00
LIGHTS (SL. no main!) 0.20 20.00 10.00 0.20 20.00 10.00
LIGHTS (SL. WITH main!) 0.30 20.00 10.00 0.35 20.00 10.00
AIR.CONDITIONING SERVICE
RESIDENTIAL (NRAC) 0.20 8.00 4.00 0.20 10.00 5.00
SMALL (NGAC) 0.15 20.00 10.00 0.15 25.00 15.00
LARGE (NLAC) 0.10 30.00 20.00 0.10 40.00 30.00
CONTRACTS (Typical Basis)
SMALL CONTRACTS OA1 20.00 10.00 OAO 25.00 15.00
MEDIUM CONTRACTS OA1 30.00 20.00 OAO 40.00 30.00
LARGE CONTRACTS OA1 75.00 50.00 OAO 95.00 65.00
INTERRUPTIBLE SERVICE (Typical Basis)
STANDARD (IS) 0.28 150.00 100.00 0.28 250.00 150.00
Black & Veatch
4-5
Item # 6
Attachment number 2
Page 39 of 70
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 4-3
Clearwater Gas System
Historical and Projected Revenues & Revenue Requirements
Under Proposed Rates
Actual!
Line Historical ~ Projected
...!::!2.:... Description FY 02/03 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12
Ooeratina Revenue
Gas Sales
Fuel Revenue - Pasco 1,399,921 1,763,771 2,308,668 2,951,745 2,610,647 2,974,907 3,128,670 3,147,410 3,166,150 3,185,178
Fuel Revenue - Pinellas 12,376,286 14,872,455 17,688,669 21,782,985 17,909,266 19,967,537 18,839,344 18,944,836 18,795,867 18,905,427
Customer Fuel Surcharge - Pasco 12,840 12,960 13,080 13,200
Fuel Related Dividend Collection ~ ~ ~ ~ ~
Total Fuel Revenue 13,776,206 16,636,226 19,997,337 24,734,730 20,519,913 24,165,504 23,240,003 23,424,503 23,123,830 23,252,538
8 Non-Fuel Sales Revenue - Pasco 911,396 1,023,647 1,189,206 1,308,355 1,420,595 1,449,704 1,529,935 1,586,018 1,645,175 1,707,845
9 Non-Fuel Sales Revenue - Pinellas 8,861,754 9,002,984 9,052,402 9,003,073 8,856,198 8,611,738 9,044,248 9,362,380 9,628,546 9,985,003
10 Weather Normalization Adjustment Revenue (182) (0) 109,389 (68) 162,032 267,488
11 Energy Conservation Adjustment Revenue 1,313,753 1,153,198 1,112,957 1,405,454 1,667,358 1,364,356 1,670,342 1,678,768 1,668,554 1,677,276
12 ECA Related Dividend Collection 80,240 82,608 86,554 75,364 75,364
13 Environmental Imposition Adjustment Revenue -----1l ~ ~ ~ 0 ----1Q.Q...QQ.Q ----1Q.Q...QQ.Q ----1Q.Q...QQ.Q ----1Q..Q....QQ
14 Total Gas Margin 11086722 11179829 11563539 11837556 12157729 11773526 12427133 12813720 ~ 13545488
15 Total Gas Sales Revenue 24,862,928 27,816,055 31,560,876 36,572,286 32,677,642 35,939,030 35,667,135 36,238,222 36,241,469 36,798,026
16 Other Revenue
17 LP Sale Revenue Credit (1) 77,185 (16,569) (64,254) 15,777 34,629 123,317 123,300 123,300 123,300 123,300
18 Service Charges to Customers 4 072 304 4028137 4572138 5104597 4 664 381 ~ 4 885 000 4 890 000 4 890 000 4 890 000
19 Total Other Revenue 4,149,488 4,011,568 4,507,884 5,120,374 4,699,010 4,240,663 5,008,300 5,013,300 5,013,300 5,013,300
20 Total Operating Revenue 29,012,417 31,827,624 36,068,760 41,692,660 37,376,651 40,179,693 40,675,435 41,251,522 41,254,769 41,811,326
21 Revenue Reauirements
22 Gas Purchased 13,525,017 15,416,088 18,946,990 21,935,185 18,279,645 22,942,444 21,980,853 22,105,206 21,975,097 22,103,806
23 Operating & Maintenance /A&G 6,408,792 6,600,167 6,960,144 7,362,792 7,468,982 7,454,200 7,789,800 8,140,700 8,507,100 8,889,900
24 Project Expenses 120,000 110,000 530,000 500,000 500,000
25 EIA/ECA Recovery 1,282,439 1,400,658 1,372,454 1,342,491 1,275,703 1,364,355 1,770,342 1,778,768 1,768,554 1,777,276
26 Taxes ~ ~ 2174044 ~ ~ ~ ~ ~ ~ ~
27 Total Operating Expenses 22,980,890 25,385,733 29,453,633 32,961,737 29,199,472 33,877,549 33,647,595 34,551,273 34,747,352 35,267,582
28 Operating Income 6,031,527 6,441,891 6,615,127 8,730,923 8,177,179 6,302,144 7,027,840 6,700,249 6,507,418 6,543,745
29 Depreciation Expense (1,427,298) (1,464,754) (1,508,448) (1,570,743) (1,651,893 (1,543,770 (1,590,120) (1,753,470) (1,925,820) (2,095,170)
30 Net Operating Income before Transfer 4,604,229 4,977,136 5,106,679 7,160,179 6,525,286 4,758,374 5,437,720 4,946,779 4,581,598 4,448,575
31 Non Ooeratina Revenues lExoensesl
32 Earnings on Investments Revenue 238,998 227,990 327,672 611,995 850,084 832,365 500,000 500,000 500,000 500,000
33 Earnings on Investments of Bond Revenue 68,863
34 Interest Expense and Fiscal Charges (1,413,358) (1,351,319) (1,211,001) (1,189,812) (1,605,262 (826,840 (805,150) (779,664) (753,051 ) (724,301 )
35 Amortization of Bond Discount and Issue Costs (121,986) (147,498) (201,328) (200,908) (41,402 (200,900 (200,900) (200,900) (200,900) (200,900)
36 Gain (Loss) on Exchange of Assets (832) (4,679) (3,961
37 Other Non Operating Revenue ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
38 Total Non Operating Revenues (925,390) (1,032,360) (814,166) (503,954 ) (554,351 155,444 (318,510) (293,024) (266,411) (237,661)
39 Net Income before Transfer 3,678,839 3,944,777 4,292,512 6,656,226 5,970,936 4,913,818 5,119,210 4,653,755 4,315,186 4,210,913
40 Transfers In (Out) (2) (1,273,517) (1,085,873) (1,459,800) (1,411,684) (1,859,423 (1,606,340 (1,653,739) (1,732,736) (1,508,720) (1,508,720)
41 Net Income 2,405,322 2,858,904 2,832,712 5,244,542 4,111,513 3,307,478 3,465,471 2,921,020 2,806,466 2,702,193
42 Lona Term Debt Princioal Payments
43 Revenue Bonds
44 Series 2004 175,000 175,000 180,000 185,000 185,000
45 Series 2005 220,000 225,000 225,000 240,000 240,000
46 Series 2007 ----1Z..Q..,QQQ ----1Z..Q..,QQQ ----1Z..Q..,QQQ ----1Z..Q..,QQQ ----1Z..Q..,QQQ
47 Total Revenue Bonds Principal Payments 765,000 770,000 775,000 795,000 795,000
48 Plant Extension and Replacements 1,030,000 1,545,000 5,445,000 5,745,000 5,645,000
49 Net Cash Flow
50 Net Income 3,307,478 3,465,471 2,921,020 2,806,466 2,702,193
51 Principal Payments (765,000 (770,000) (775,000) (795,000) (795,000)
52 Plant Extension and Replacements (1,030,000 (1,545,000) (5,445,000) (5,745,000) (5,645,000)
53 Depreciation Expense 1,543,770 1,590,120 1,753,470 1,925,820 2,095,170
54 Amortization of Bond Discount and Issue Costs ~ ~ ~ ~ ~
55 Net Cash Flow 3,257,148 2,941,491 (1,344,610) (1,606,814) (1,441,737)
56 Cumulative Cash Flow 3,257,148 6,198,639 4,854,028 3,247,215 1,805,478
57 Margin on Sales 12,996,586 13,686,282 14,133,017 14,266,372 14,694,221
58 Net Cash Flow as % of Margin 25.06\\ 21.49% -9.51% -11.26% -9.81%
(1) LP revenue less cost of propane less propane O&M
(2) The FY 06/07 transfer includes dividend paid to the General Fund of $2.6 million net of a one time payment from the City of $744,208
Black & Veatch
4-6
Item # 6
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Attachment number 2
Page 42 of 70
SECTION 4.0 RECOMMENDED RATE ADJUSTMENTS
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Table 4-5
Clearwater Gas System
Comparison of Residential Bills with Recommended Rates
to Progress Energy and Withlacoochee River Electric Cooperative
Difference from CGS
Proqress
Enerqv WREC CGS(1) Proqress Enerqv WREC
$/kWh $/kWh $/therm
Total Rate 0.1198 0.10149 1.89
Estimated Energy Consumption kWh kWh Therms
Heating (2) 2250 2250 150
Hot Water 5000 5000 170
Cooking 2000 2000 45
Annual Cost
Heating $ 269.55 $ 228.35 $ 283.50 $ 13.95 5.2% $ 55.15 24.2%
Hot Water $ 599.00 $ 507.45 $ 321.30 $ (277.70) -46.4% $ (186.15) -36.7%
Cooking $ 239.60 $ 202.98 $ 85.05 $ (154.55) -64.5% $ (117.93) -58.1 %
Total $ 1,108.15 $ 938.78 $ 689.85 $ (418.30) -37.7% $ (248.93) -26.5%
(1) Includes October PGA and reflects proposed rate reduction of $0.10 per therm
(2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace
Note. 1 MMBtu equals 293 kWh at 100 percent efficiency.
Progres Energy rates are for 1,000 kWh and above.
Progres Energy rates source: http://progress-energy.com/custservice/flares/communicate/ResRates.pdf
Black & Veatch
4-9
Item # 6
Attachment number 2
Page 43 of 70
DISCLAIMER
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
This report is intended solely for review by City of Clearwater/Clearwater Gas System (hereinafter
"Client"). Black & Veatch Corporation ("Black & Veatch") does not intend that any third party have
access to, rely on, or utilize, any of the information enclosed herein. Reliance on the information
herein by any such third party would be unreasonable and is strictly prohibited. Black & Veatch
owes no duty of care to any third party and none is created by this report.
This report was prepared for Client by Black & Veatch and is based on information not within the
control of Black & Veatch. Black & Veatch has assumed that the information both verbal and
written, provided by others is complete and correct; however, Black & Veatch does not guarantee
the accuracy of the information, data, or opinions contained herein.
Use of this report, or any information contained therein, by a third party shall constitute a waiver and
release of Black & Veatch from and against all claims and liability, including, but not limited to,
liability for special, incidental, indirect, or consequential damages, in connection with such use. In
addition, use of this report, or any information contained therein by a third party, shall constitute
agreement to defend and indemnifY Black & Veatch from and against any claims and liability,
including, but not limited to, liability for special, incidental, indirect, or consequential damages in
connection with such use. The benefit of such releases, waivers, or limitations of liability shall
extend to the related companies, and subcontractors of any tier of Black & Veatch, and the directors,
officers, partners, employees, and agents of all released or indemnified parties.
Black & Veatch shall have no liability to a third party for any losses or damages arising from or in
any way related to the Report and/or the information contained therein. Such express waiver of
liability by the third party shall include all claims which the third party may allege in connection
with Black & Veatch's Report including, but not limited to, breach of contract, breach of warranty,
strict liability, negligence, and/or negligent misrepresentation. The preceding two paragraphs are
intended to, and shall serve as, notice to third parties and shall have no binding affect on Client.
Black & Veatch
Item # 6
Attachment number 2
Page 44 of 70
APPENDIX A: RECOMMENDED ORDIANCE
CLEARWATER GAS SYSTEM
COST OF SERVICE AND RATE STUDY
Appendix A
Recommended Ordinance
ItAm # n
Black & Veatch
A-1
Attachment number 2
Page 45 of 70
ORDINANCE NO. 7998-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE
OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES,
RATES AND CHARGES*, SECTION XXVI, CLEARWATER
GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE
RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since April 1, 2005; and
WHEREAS, it is determined to be fair and reasonable to adopt the
recommendations of the Clearwater Gas System to establish gas rates and
service charges based on the cost to serve the various classes of customers;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Appendix A - Schedule of Fees, Rates and Charges
of the Code of Ordinances of the City of Clearwater is hereby amended as
follows:
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (~ 32.068):
(1) Natural gas service rates. The following monthly rates shall apply to
all customers who are provided the availability of natural gas service
by the Clearwater Gas System, based on their applicable class of
service:
(a) Residential natural gas service (rate RS): Firm natural gas service
for domestic uses in all residences of three units or fewer.
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 46 of 70
Monthly customer charge. . . . $10.00
Non-fuel energy charge, per therm . . . . $0.48
Minimum monthly bill. . . . $10.00
(b) Small multi-family residential service (rate SMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge. . . . $25.00
Non-fuel energy charge, per therm . . . . $0.48
Minimum monthly bill. . . . $25.00
(c) Medium multi-family residential service (rate MMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge. . . . $40.00
Non-fuel energy charge, per therm . . . . $0.48
Minimum monthly bill. . . . $40.00
(d) Large multi-family residential service (rate LMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four or more and the total annual
consumption at the premise is 100,000 or more.
Monthly customer charge. . . . $95.00
Non-fuel energy charge, per therm . . . . $0.48
Minimum monthly bill. . . . $95.00
(e) Small natural gas general service (rate SGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge. . . . $25.00
Non-fuel energy charge, per therm . . . . $0.46
3
Ordinance No. 7998-0$tem # 6
Minimum monthly bill. . . . $25.00
(f) Medium natural gas general service (rate MGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge. . . . $40.00
Non-fuel energy charge, per therm . . . . $0.40
Minimum monthly bill. . . . $40.00
(g) Large natural gas general service (rate LGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 100,000 therms or more.
Monthly customer charge. . . . $95.00
Non-fuel energy charge, per therm . . . . $0.34
Minimum monthly bill. . . . $95.00
(h) Interruptible natural gas service (rate IS): Interruptible natural gas
service available under a standard agreement for typically
industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; the
customer agrees contractually to purchase a minimum of 250
therms/day (excluding curtailment days); and where the
customer has either installed alternative fuel capability and/or
contractually agrees to curtail service at the request of the
Clearwater Gas System, subject to penalties for failure to
comply.
Monthly customer charge. . . . $250.00
Non-fuel energy charge, per therm . . . . $0.280
Minimum monthly bill. . . . $250.00
Plus the non-fuel therm rate for the minimum number of
contract therms per day
Note: All customers being served under Contract Rates as of
December 31,2008, will be allowed to remain on their existing
Attachment number 2
Page 47 of 70
4
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 48 of 70
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
(i) Contract natural gas service (rate CNS): Contract natural gas
service for special applications and conditions approved by the City
Manager or designee. This rate is typically applicable where
competitive fuel sources are confirmed to be available to the
customer and a special rate with special conditions are required to
obtain/retain the customer. This rate may be used to construct a
special standby rate where the customer requires capability to
serve, but normally uses an alternative energy source. Such service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
Monthly customer charge.... The same as the normally applicable
service class
Non-fuel energy charge.... Per therm as established by contract
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contract level of
monthly consumption
Note: All customers being served under Contract Rates as of
December 31,2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
U) Residential natural gas air conditioning service (rate RAC): Firm
natural gas service for domestic gas air conditioning in all
residences of three (3) units or fewer where the gas air conditioning
load is separately metered. Note: This rate is closed for new
customer applications and is only applicable for residential
customers on RAC service as of December 31,2008. New
residential air conditioning applications on or after January 1, 2009,
will be handled as added services on the standard RS rate
application.
5
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 49 of 70
Monthly customer charge.... $ 10.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $0.20
Minimum monthly bill.... $ 10.00 at the premise on a firm rate
schedule
(k) General natural gas air conditioning service (rate GAG): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 0--149 tons and the gas air conditioning load is separately
metered.
Monthly customer charge.... $ 25.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.15
Minimum monthly bill.... $ 25.00 at the premise on a firm rate
schedule
(I) Large natural gas air conditioning service (rate LAG): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 150 tons or more and the gas air conditioning load is
separately metered.
6
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 50 of 70
Monthly customer charge.... $ 40.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm.... $ 0.10
Minimum monthly bill.... $ 40.00 at the premise on a firm rate
schedule
(m) Natural gas street lighting service (rate SLY: Natural gas service for
lighting of public areas and ways. Service may be metered or
estimated at the discretion of the gas system. The customer may
elect to subscribe for normal street lighting maintenance and
relighting labor service, or they may call Clearwater Gas System for
repair service and pay normal hourly labor charges (see other
miscellaneous gas charges), or they may elect to maintain their own
lights. Repair equipment and/or parts supplied by Clearwater Gas
System will be billed as required. When the gas system provides
poles, fixtures, piping, and/or installation labor beyond the service
connection point, facilities contract charges may be assessed.
Monthly customer charge. . . . $20.00
Non-fuel energy charge, per therm . . . . $0.20
Normal maintenance and relighting labor service charge, per therm .
. . . $0.15 additional
Plus any required equipment/parts
Minimum monthly bill. . . . $20.00
Plus any applicable facilities contract charges
(n) Contract natural gas transportation service (rate CTS): Service for
transportation of someone else's natural gas through the Clearwater
Gas System for supply to another gas system or an individual
customer. This is a contract natural gas service and must be
approved by the City Manager or designee. Provision of this service
must fall within the normal construction feasibility formula to insure a
profitable payback to the City.
7
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 51 of 70
Monthly customer charge.... As established by contract (typically the
same as the normally applicable service
class)
Non-fuel energy charge.... Per therm as established by contract
(typically the same as the normally
applicable service rate plus charges for
balancing services and any additional
services desired by the customer)
Minimum monthly bill.... Monthly customer charge plus the non-
fuel therm rate for a contracted level of
minimum monthly flow as well as any
facilities contract charges for special
facilities and metering required to provide
this transportation service
(0) Natural gas vehicle service (rate NGV): Natural gas service for fleet
vehicle fueling. This is a contract rate approved by the City Manager.
Provision of this service must fall within the normal construction
feasibility formula to insure a profitable payback to the City. Note:
This rate is not applicable for residential or small general service rate
applications (fewer than 18,000 therms of annual use for the
customers fleet vehicles). Such non-fleet applications will be served
through the customer's normal meter and at the normal rate
applicable to the premise. NGV services will be separately metered
and must service exclusively fleet fueling facilities.
8
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 52 of 70
Monthly customer charge.... The same as the normally applicable
service class
Non-fuel energy charge, per therm.... Per therm as established by contract
which will include any applicable
customer-specific or public fill station per
therm facilities charges required to
provide this service
Minimum monthly bill.... Monthly customer charge, if applicable,
plus any monthly facilities contract
charges for special facilities, metering or
fleet conversion costs required to provide
this service
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc. may be expressed
as a rate "per gallon equivalent of gasoline."
(p) Natural gas emergency generator or other standby service (rate
NSS): Natural gas service to a metered account, separately
established for back-up service, where no substantial gas service is
used for year round purposes. Note: This rate is not applicable for
Residential single-family applications. Such residential emergency
generator applications are handled under the RS rate application.
Monthly customer charge. . . . $50.00
Non-fuel energy charge, per therm . . . . $0.46
Minimum monthly bill. . . . $50.00
Plus any facilities contract charges for the facilities and
metering required to serve this account
9
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 53 of 70
(2) Propane (LP) gas service rates.
The following rates shall apply to all customers who are provided the
availability of propane (LP) gas service by the Clearwater Gas
System, based on their applicable class of service. Clearwater Gas
requires all residential customer accounts have year round, whole
house water heating as a minimum criteria for qualifying for service.
(a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered
LP service for "year round" domestic uses (such as water heating,
cooking, heating, clothes drying, and lighting) in all residences of
three (3) units or fewer.
Usage Class Annual Non-fuel Non-refundable Annual
Units/Gallons Energy Charge Customer Charge
per Gallon
1 0-60 $1.80 $210.00
2 60.1--120 $1.60 $180.00
3 120.1--300 $1.00 $90.00
4 >300 $0.90 $75.00
(b) Residential "WiII Call" Propane Gas Service (Rate WRLP: Bulk
delivered LP Service for all customers with exclusively "leisure living"
domestic uses (such as pool/spa heating, fireplaces, and grills) plus
customers with "year round" appliances who request "will call" status
in all residences of three (3) units or fewer.
A "Will Call" customer is responsible for monitoring tank fuel level,
assessing when they will need a fill, and requesting propane
delivery.
No trip charge for delivery if customer can wait for a normally
scheduled four ill-business day delivery. Trip charges for early
delivery are located in (3)(h). Note that the four (4) business days
start on the next business day after the customer's request, i.e. if the
customer call~ with a "Will Call" fill request on Monday, then we will
fill no later than the following Friday.
10
Ordinance No. 7998-0$tem # 6
Usage Class Annual Non-fuel Energy Non-refundable
Units/Gallons Charge per Gallon Annual
Customer
Charge
1 0-120 $1.60 $150.00
2 >120 $0.90 $75.00
(c) Residential Loop System Propane Gas Service (Rate LRLP):
Metered delivery LP service for all domestic uses within a loop
delivery system (Propane Distribution system serving multiple
customers.)
Monthly Customer Charge. . . . . . . . . . . . . $10.00
Non-Fuel Energy Charge
Per gallon. . . . . . . . . $0.90
Minimum Monthly Bill. . . . . .$10.00
(d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP
service for commercial, industrial, and other applications where no
other rate is applicable.
Usage Class Annual Non-fuel Non-
Units/Gallons Energy Charge refundable
per Gallon Annual
Customer
Charge
1 0--2500 $0.25 $90.00
2 >2500 $0.20 $90.00
Attachment number 2
Page 54 of 70
11
Ordinance No. 7998-0$tem # 6
(e) Residential Metered Propane Gas Service (Rate MRLP): Metered
delivered LP service for all domestic uses in all residences of three
(3) or fewer.
Monthly customer charge. . . . $10.00
Non-fuel energy charge:
Per gallon. . .. $1.90
Minimum monthly bill. . . . $10.00
(f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered
delivered LP service for all domestic applications within the living
units of multi-family buildings of four (4) units or more.
Monthly customer charge. . . . $25.00
Non-fuel energy charge:
Per gallon. . .. $1.90
Minimum monthly bill. . . . $25.00
(g) General Metered Propane Gas Service (Rate MGLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is 0--2,500 gallons.
Monthly customer charge. . . . $25.00
Non-fuel energy charge:
Per gallon. . . . $0.30
Minimum monthly bill. . . . $25.00
(h) Large Metered Propane Gas Service (Rate MLLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is more than 2,500 gallons.
Monthly customer charge. . . . $40.00
Attachment number 2
Page 55 of 70
12
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 56 of 70
Non-fuel energy charge:
Per gallon. . . . $0.25
Minimum monthly bill. . . . $40.00
(i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk
delivered LP gas service for special applications and conditions
approved by the city manager or designee. This rate is typically
applicable where competitive fuel sources are confirmed to be
available to the customer and a special rate with special conditions
are required to obtain/retain the customer. Such service must fall
within the normal construction feasibility formula to insure a profitable
payback to the city.
Monthly customer charge. The same as the normally applicable
service class
Non-fuel margin rate. Per gallon as established by contract
Minimum monthly bill. Monthly customer charge plus the non-fuel
usage rate for contracted level of monthly consumption.
Note: All customers being served under Contract Rates as of
December 31,2008, will be allowed to remain on their existing
contracts until their next expiration date, at which time that contract
will automatically be discontinued and the customer will be moved to
the applicable standard rate unless a new contract is executed.
U) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service
for fleet vehicle fueling. This is a contract rate approved by the City
Manager or designee. Provision of this service must fall within the
normal construction feasibility formula to insure a profitable payback
to the city. Note: This rate is not applicable for residential or small
general service rate applications (fewer than 20,000 gallons of
annual use for the customers fleet vehicles). Such non-fleet
applications will be served through the customer's normal meter and
at the normal rate applicable to the premise. LPV services will be on
a separate account servicing exclusively fleet fueling facilities.
Monthly customer charge. $40.00 for general service applications
only if a customer charge is not already being billed on another
metered account at the premise on a firm rate schedule.
13
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 57 of 70
Non-fuel energy charge. Per gallon as established by contract, which
includes any applicable customer-specific or public, fill station
facilities charges required to provide this service.
Minimum monthly bill. Monthly customer charge plus any applicable
monthly facilities contract charges for special facilities, metering or
fleet conversion costs required to provide this service.
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc., may be expressed as a
rate "per gallon equivalent of gasoline."
(k) Propane Metered Gas Emergency Generator or Other Standby
Service (Rate LPSM): LP gas service to an account separately
established for back-up service, where no other substantial gas
service is used for year round purposes. Note: This rate is closed for
new residential customer applications and is only applicable for
residential customers on LPSM service as of December 31,2008.
Monthly customer charge. . . . $50.00
Non-fuel energy charge:
Per gallon. . . . $1.00
Minimum monthly bill. . . . $50.00
Initial metered usage charge. A one-time charge for the number of
gallons required to initially fill the LP tank (size as requested by the
customer).
(I) Propane Bulk-Delivered Gas Emergency Generator or Other Standby
Service (Rate LPSB): LP gas service to an account separately
established for back-up service, where no other substantial gas
service is used for year round purposes. Note: This rate is closed for
new residential customer applications and is only applicable for
residential customers on LPSB service as of December 31,2008.
Annual customer charge. . . . $420.00
Non-fuel energy charge:
Per gallon. . . . $1.00
Initial delivery charge. A one-time charge for the number of gallons
required to initially fill the LP tank (size as requested by the
customer) plus the initial annual customer charge.
14
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 58 of 70
(3) Other gas charges. The following charges and fees may also be
applied to customers of the Clearwater Gas System served under an
applicable natural gas or propane (LP) gas service rate:
(a) Facilities contract charge (rider FCC): A rider applicable to any of the
above rates to cover installation of facilities beyond those
typically provided to other customers of the class or beyond
the costs incorporated into the applicable gas rate.
On-going FCC charges....
A monthly flat or per unit consumed
charge calculated to cover the on-going
estimated maintenance costs associated
with the special or additional facilities.
These charges will be contractual and
subject to annual revisions upward based
on the CPI index or based on a revised
cost calculation at the discretion of the
City Manager or designee.
Time-limited FCC charges....
A monthly flat or per unit consumed
charge calculated to cover the costs
associated with additional facilities as
requested by the customer, excess main
and service construction costs which do
not meet the construction feasibility
formula, or appliance/equipment sales
costs. Such charges may include other
applicable costs associated with
furnishing the requested facilities,
including financing costs. Where such
FCC charges result from the additional
costs incurred by Clearwater Gas System
at the request of the developer to achieve
feasibility, such FCC charges are binding
upon the future customers/occupants of
such applicable accounts for the period
necessary to meet the feasibility
calculation for the project.
15
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 59 of 70
Public fill station facilities charge....
A natural gas per therm or propane (LP)
per gallon charge calculated to recover
the common facilities costs to provide
such service. This will be calculated and
may be updated from time-to-time by the
gas system and approved by the City
Manager or designee.
(b) Purchased gas adjustment (rider PGA): A rider applicable to all
natural gas therm rates and propane (LP) gallon rates to
recover the cost of the Clearwater Gas System purchased gas
supply, including losses and use by gas system
facilities/equipment and other applicable expenses. The
currently calculated PGA rates for all rate schedules, unless
specifically broken out by contract, are:
Natural gas firm standard rate schedule PGA, per thermo . $1.27
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm . . . .$1.19
Propane (LP) gas rate schedule PGA:
Per gallon. . . .$2.26
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for October 2008. These PGA
rates will normally be adjusted annually in October and may be
adjusted upward or downward from time-to-time with the approval of
the City Manager or designee based on actual and projected supply
costs and projected consumption levels in order to recover the total
cost of the gas system's supply plus all costs attributable to the
acquisition of system supply gas and other applicable expenses. The
over or under recovery of these PGA costs will be computed monthly
and an adjustment in the PGA rate will be made at the discretion of
the City Manager or designee. The differential between the Natural
Gas Firm Standard Rate Schedule PGA and the Natural Gas
Interruptible and Contract (Non-Standard) Rate Schedule PGA will
be established and approved by the city manager or designee for
each semi-annual period based on the available records for the most
recent 12 months. This differential will typically be computed by
dividing the transmission pipeline "reservation charges" component
of the WACOG by the therms sold to all of the natural gas firm rate
16
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 60 of 70
schedules. The gas system may also segment specific gas
purchases for specific targeted customer(s) based on contract.
Additionally, a fixed monthly amount may be added to the customer
charge of applicable classes of natural gas service rates to recover
the estimated impact of the added costs associated with gas
purchased through a third-party transporter (including generally east
of the Suncoast Parkway in Pasco County). These added monthly
customer charges shall be credited to the overall PGA recovery
account and will be initially set at:
Residential............................................... $ 5.00 per month
Small General Service & Multi-Family............ $ 15.00 per month
Medium General Service & Multi-Family... ..... $ 30.00 per month
Large General Service & Multi-Family............ $ 65.00 per month
I nterru ptible Service ................................... $150.00 per month
Contract Rates --- Apply the same as the normal class of customer
using the above schedules based on usage level
These added monthly customer charges may be adjusted upward or
downward from time-to-time with the approval of the City Manager or
designee based on actual and projected added PGA costs.
(c) Energy conservation adjustment (rider ECA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of energy
conservation programs undertaken by the Clearwater Gas System
as approved by the Gas System Managing Director. The ECA will
not be applied to interruptible natural gas or other non-standard
contract rates, except for that portion of ECA, which is collected as a
part of the PGA, which may be up to one-half of the annual average
ECA billing rate. The currently calculated ECA rates are:
Natural Gas Rate Schedule ECA, per therm . . . . $0.14
Propane (LP) Gas Rate Schedule ECA:
Per gallon. . . . $0.14
The above ECA rates are as currently approved for October 2008.
These ECA rates will normally be reviewed annually in October and
may be adjusted upward or downward from time-to-time with the
approval of the City Manager or designee based on actual and
projected energy conservation program costs and projected
consumption levels in order to recover the total cost of applicable
gas system programs as approved by the City Manager since March
1, 1995, including energy conservation incentive payments as well
17
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 61 of 70
as the applicable labor and other costs attributable to such energy
conservation programs and other applicable expenses. The over or
under recovery of these ECA costs will be computed and an
adjustment in the ECA rate will be made at the discretion of the City
Manager or designee.
(d) Regulatory imposition adjustment (rider RIA): A rider applicable to all
firm standard (non-contract) natural gas therm rates and non-
contract propane (LP) gallon rates to recover the cost of
environmental, new operator qualification, new distribution integrity,
additional inspection, additional survey, and other new regulatory
imposed program requirements imposed on the Clearwater Gas
System by federal, state or local regulatory agencies. The RIA will
not be applied to interruptible natural gas or other non-standard
contract rates. The currently calculated RIA rates are:
Natural Gas Rate Schedule RIA, per therm . . . . $0.00
Propane (LP) gas rate schedule RIA:
Per gallon. . . . $0.00
The above RIA rates are as currently approved for October 2008 as
Environmental Imposition Adjustment (EIA), which was the prior
applicable adjustment. These RIA rates will normally be reviewed
annually in October and may be adjusted upward or downward from
time-to-time with the approval of the City Manager or designee
based on actual and projected environmental project costs and
projected consumption levels in order to recover the total cost of
gas system environmental cost impositions as approved by the City
Manager since February 1, 1993, as well as the labor and other
costs attributable to such environmental projects. This RIA will also
include new operator qualification, new distribution integrity,
additional inspection, additional survey and other new regulatory
imposed program requirements imposed on the Clearwater Gas
System by federal, state or local regulatory agencies after July 1,
2008. The over or under recovery of these RIA costs will be
computed and an adjustment in the RIA rate may be made at the
discretion of the City Manager or designee.
(e) Usage and Inflation adjustment (rider UIA): A rider applicable to all
standard non-contract natural gas therm rates and standard non-
contract propane (LP) gallon rates to recover loss of planned base
non-fuel revenues to the Clearwater Gas System due to changes in
use per customer from the test year values as set in the 2008 Gas
Rate Study (see below) as well as the change in inflation as
18
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 62 of 70
measured by the Consumer Price Index for U. S. City average of all
urban consumers (CPI-U). The currently calculated UIA rates are:
Natural gas rate schedule UIA, per therm . . . . $0.00
Propane (LP) gas rate schedule UIA, per gallon. . . .$0.00
The above U IA rates are as currently approved for October 2008 as
Weather Normalization Adjustment (WNA), which was the prior
applicable adjustment. The UIA rates may be implemented at the
sole discretion of the City Manager or designee based on variations
from the 2008 Gas Rate Study values:
CPI-U as prepared by the U. S. Department of Labor, Bureau of
Labor Statistics (basis July 2008)
Residential Use per customer based on annual therms/natural gas
single-family customer. Note that this factor may be
applied to all residential standard (non-contract) rate
classes for natural gas as well as propane.
Commercial Use per customer based on annual therms/natural gas
standard (non-contract) general service customer.
Note that this factor may be applied to all general
service standard (non-contract) rate classes for natural
gas as well as propane.
(f) Franchise and other city/county fees recovery clause (rate FFR): A
charge levied by the Clearwater Gas System on every purchase of
gas within a municipality or county area to recover the costs
assessed by governmental entities in accordance with the franchise
agreement in force between the City of Clearwater and that other
governmental entity and including any other otherwise unrecoverable
fees, special taxes, payments in lieu of taxes, or other impositions by
any governmental entity (including the City of Clearwater) on the
services of the Clearwater Gas System sold within such municipality
or county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the franchise fees and
other governmental fees, taxes, and other impositions levied on
services within that governmental jurisdiction. Within the City of
Clearwater where a franchise agreement is not in force, the City of
Clearwater will levy a six percent payment in lieu of taxes on all
gross firm natural gas sales (excluding interruptible) and the
Clearwater Gas System will bill this in the same manner as if it were
a franchise fee.
19
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 63 of 70
(g) Tax clause (TAX - Various): All taxes due the appropriate
governmental entities (such as but not limited to State of Florida
gross receipts tax, State of Florida sales tax, county sales tax,
municipal utility tax, and others which may be legally levied from time
to time on the purchase of gas) will be billed to the customer
receiving such service and rendered to the governmental entity in
accordance with the applicable statute, ordinance, or other legally
enforceable rule.
(h) Other miscellaneous gas charges: The following charges are
applicable whenever applicable gas services are rendered the
customer:
Meter turn-on residential, scheduled next business day or beyond
(per account for new customers, seasonal reconnects, and after
nonpayment disconnect including turn-on of pilot lights) . . . $50.00
Meter turn-on residential, same day as requested by customer (per
account for new customers, seasonal reconnects, and after non-
payment disconnect including turn-on of pilot lights) . . . $100.00
Meter turn-on commercial/industrial scheduled next business day or
beyond (per account for new customers, seasonal reconnects, and
after nonpayment disconnect including turn-on of pilot lights) . . .
$95.00 for up to 4 appliances. Added appliances add $10.00 per
each.
Meter turn-on commercial/industrial, same day as requested by
customer (per account for new customers, seasonal reconnects, and
after non payments disconnect including turn-on of pilot lights) . . .
$190.00 for up to 4 appliances. Added appliances add $20.00 per
each.
Meter read for residential account change (no meter turn-on required
but may include turn-on of gas pilot lights) . . . $40.00
Meter read for commercial/industrial account change (no meter turn-
on required but may include turn on of gas pilot lights). . . $80.00
Replace broken stop or locks on meters. . . . Time and materials
Relocate gas meter. . . . Time and materials
Install bumper posts or other necessary protection for meters, LP
tanks, or other gas equipment.... Time and materials
Turn-on gas pilot lights only (per account) . . . . $50.00
20
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 64 of 70
Turn-off gas pilot lights only (per account) . . . . $45.00
Standard "Time Charge Rates" for Repair or installation work (one
hour minimum) plus materials:
1 person crew time on-site/hour. . . $95.00
2 person crew time on-site/hour. . . $159.00
The time associated with providing all quotes and developing plans
will be added to the cost of the billed job.
These "Time Charge Rates" as well as the other fixed
miscellaneous charge rates in this section may be reviewed and
adjusted from time-to-time with the approval of the City Manager or
designee based on changes in the CPI-U inflation measure since
July 2008.
Overtime surcharge for all work including installation, service and
repair, and maintenance (as requested by the customer for evenings,
weekends, and holidays) . . . . Double normal charge
Overtime surcharge for call-out turn-ons (as requested by the
customer for evenings, weekends, and holidays). . . . Double same
day charge
Special meter reading at customer request including billing inquiries
where reading is determined to be accurate (per account). . . $45.00
Gas meter test at customer request- if results are within limits (per
meter) . . . . $150.00
Reset residential gas meter after same customer requests removal
(per meter) . . . $150.00
Unauthorized meter bypass or hookup. . . . Time and materials plus
ten percent of the average monthly bill for each day since last
reading deemed to be accurate
Emergency response for non-Clearwater Gas System consumers or
other utilities. . . . Time and materials
Full recovery and ownership of L.P. gas from tank. . . . Time and
materials plus 0.700 per gallon removed. Full abandonment and/or
removal of buried LP tank (CGS decision). - Landscaping restoration
by customer.
21
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 65 of 70
Other services not normally provided including work on customer
property beyond the meter, such as leak surveys, Cathodic
protection corrosion control, gas line locating, and any related repairs
to the customer facilities or master-metered gas distribution systems
as required by regulation. . . . Time and materials
Collector fee, See Appendix A - Public Works Utility Tariffs, Section
(4)(a)3
Dishonored check service fee, See Code of Ordinances, Section
2.528
Missed appointment (CGI) - Customer not present at time as
arranged or equipment not accessible. Applicable miscellaneous
gas charges (overtime surcharges may apply).
Residential "Will Call" and special request delivery Propane Gas
Service trip charges for early delivery:
$50.00 trip charge for next business day delivery
or for a scheduled delivery of fewer than 4 business days,
$100.00 trip charge for same business day delivery, or
$250.00 trip charge for same day delivery service outside
normal business hours, holidays, or weekends.
Trip charges will be applied even if LP tank is inaccessible or
customer is not present when required, (CGI).
A minimum fill charge of $100.00 for bulk, "Will Call" or metered
delivery customers that request a delivery, in fewer than 4 business
days. "Will Call" or special request delivery charges will also apply.
Leak investigation (make safe only) . . . .. ........... No charge
6. If turn-on of pilots the applicable charges apply
Additional repairs......................... ...Time & Materials
22
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 66 of 70
Special seasonal gas turn-on....
The City Manager or designee is
authorized to reduce or eliminate the
normal gas turn-on charge to attempt to
levelize the workload at the beginning of
the heating season.
Pipeline Damage Claims
Any person or company who actively engages in excavating, boring,
tunneling, backfilling, digging, removal of above ground structures by
mechanical means and other earth moving operations, within the
Clearwater Gas System service territory, shall be required to notify
the one call notification system 48 hours excluding weekends and
holidays before digging commences (References Florida Statutes
~556 and OSHA 1926.651).
If a person or company causes damage to an above or under ground
pipeline facilities owned by Clearwater Gas System and through
negligence or accident has been deemed liable for the damages,
then that entity shall be responsible for all costs associated with the
damage. This will include the cost of gas lost (billed at the purchased
gas adjustment rate), time and materials to repair the damage, all
labor cost associated with turning off and on gas accounts that were
affected as a result of the damage, and any third party claims plus
administrative costs. The party or parties responsible shall remit
payment for all claims directly to Clearwater Gas System upon
receipt of invoice or notification of the City of Clearwater Risk
Management Department.
(4) Gas contract and rate application policies: The following represent
policies of the City of Clearwater as applied by the Clearwater Gas
System:
(a) Uniformity of rate and service application: To the extent that the
customer requests a review of his/her rate account, all rates, charges
and contract provisions are intended to be consistently and uniformly
applied to all customers of the same type with the same usage
characteristics, fuel options, and equipment capabilities. Any
customer who feels that they have been treated unjustly and is
23
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 67 of 70
unable to resolve the dispute with Clearwater Gas System personnel
and management has full access to the normal City of Clearwater
utilities dispute resolution process as defined in the City Code of
Ordinances, Chapter 32, Section 32.004.
(b) Contract rate level determination: It is the policy of Clearwater Gas
System to offer a customer or potential customer who currently uses
or has access to an alternate energy source and has the capability to
use this alternate energy source, or is otherwise deemed to be a
threat to discontinue gas usage, a rate level adequate to acquire or
preserve the gas load, provided that such a rate application will
provide a reasonable profit margin to the Clearwater Gas System
and the extension of any capital investment to serve such a
customer falls within the normal gas system construction feasibility
formula. Where the capability to use such alternative energy source
will require an initial additional capital outlay by the customer, the
contract rate may be based on a net present value calculation over
the expected life of the facility.
(c) Rate schedule reductions: The City Manager is authorized to reduce
the billing charge(s) for any rate schedule(s) towards achieving the
"cost of service based rates" as recommended in the most recent
rate study done for the Clearwater Gas System.
(d) Main and service extension construction feasibility: Whenever a
prospective customer requests a new gas service, the Clearwater
Gas System will extend service to the prospective customer under
the following conditions:
1 . Design considerations. The extension of gas service to the
perspective customer can be reasonably accomplished within
good engineering design, access can be secured though
easements or right-of-way, and the service will not jeopardize
the quality of gas service to existing customers.
2. Main line extension construction feasibility. The maximum
capital investment which will be made by the Clearwater Gas
System to extend main lines and services to serve a new
customer(s) shall be seven times the estimated annual gas
revenue to be derived from the facilities less the cost of gas
and the cost of monthly meter reading, customer accounting
and billing. The formula shall be:
Non-Fuel Energy Rate x Estimated Annual Therms/Gallons =
Estimated Annual Gas Non-Fuel Revenues x 7 Years =
Maximum Investment for Construction Feasibility
24
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 68 of 70
Note: The Monthly Customer Charge is not included in the
above calculation because it is assumed to cover the cost of
meter reading, customer accounting and billing.
3. Service line extensions. The Clearwater Gas System will
install gas service lines off of the main line at no charge to the
customer under the following circumstances:
A year round customer has installed "year round" gas
equipment (such as water heating, cooking, heating, clothes
drying, and lighting) with an estimated minimum annual
consumption of two therms per foot of service line required
(Note that "Leisure Living" appliance (such as pool/spa
heating, fireplaces, and grills) usage will only be counted at ~
of estimated usage and only if combined with a water heater),
or
The cost of such service line extension meets the Maximum
investment for Construction Feasibility (as defined "d." above),
excluding "Leisure Living" appliances unless a water heater is
installed for daily use..
Customers who do not meet the criteria for service extensions
as set forth above will either be charged the estimated
construction cost per foot for the excess footage or pay a
contribution in aid of construction (CIAC) to cover the
deficiency amount from the above construction feasibility
formula or enter into a facilities charge contract sufficient to
cover this deficiency within a period of seven years.
4. Customer contribution required. If the capital construction costs
to extend the main exceed the maximum investment for
construction feasibility, the developer/customer(s) will be
required to either provide a non-reimbursable CIAC to cover
the excess investment amount or satisfy this deficiency by
entering into a facilities charge contract sufficient to cover this
deficiency within a period of seven years. Such facilities
contract charges may be reduced or potentially discontinued
entirely to the extent that other customer(s) are added beyond
the initial customer(s), the facilities covered by the facilities
contract charges are used to serve these additional
customer(s), and to the extent that there are calculated excess
dollars above the additional customer(s) maximum investment
for construction feasibility minus the capital construction costs
for the mains to serve these additional customer(s).
25
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 69 of 70
5. Conversion of equipment to natural gas. The Clearwater Gas
System will provide the "labor only" to convert the customer's
existing appliance orifice(s) (if convertible) to accept natural
gas at no cost to the customer, provided that the customer's
gas use is year round. The customer will be responsible for
the cost of all other related conversion parts such as controls,
gas valves, gas safety devices, additional piping, appliance
venting, provisions for combustion or make-up air, or to
correct any code deficiency, or to provide any required
engineering evaluation for unlisted or unlabeled appliances. A
commercial or industrial customer must enter into an
agreement to exclusively use the natural gas service of the
Clearwater Gas System for a period to allow for recovery of
Clearwater Gas costs; and this amount, when added to the
other cost to serve amounts, still renders the project feasible.
7. Relocation of gas service facilities. When alterations or
additions to structures or improvements on any premise,
roadway right-of-way or public easement, which requires the
Clearwater Gas System to relocate metering, service line, or
main line, or when such relocation is requested by the
customer, or others, for whatever reason, the customer or
others, will be required to reimburse the Clearwater Gas
System for all or any part of the costs incurred to accomplish
such relocation of gas system facilities to remain code
compliant and resolve their potential structure conflict.
8. Clearwater Gas System highly discourages the installation of
multiple meters on the same residential single-family premise
or the use of multiple fuels (natural gas, propane, fuel oil) on
such premise. If such installations are justified due to
extraordinary circumstances (such as life safety), these must
be approved by the Clearwater Gas System Managing
Director, and then the multiple meters or fuel sources must be
well marked in a permanent fashion. For safety control
purposes, Clearwater Gas will not permit a fuel source
(propane or fuel oil) supplied by another company to co-exist
on a the same residential single family premise with a
Clearwater Gas natural gas service.
26
Ordinance No. 7998-0$tem # 6
Attachment number 2
Page 70 of 70
Section 2. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. This ordinance shall become effective upon adoption and
shall be applicable to all gas bills and services rendered on or after January
1, 2009.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
27
Ordinance No. 7998-0$tem # 6
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend and restate the City of Clearwater Premium Payment Plan document, establish a separate Cafeteria Plan document and pass
Ordinance 8018-08 on first reading.
SUMMARY:
The City Premium Payment Plan was initially implemented in 1990 to provide for the ability of employees to have insurance benefit
payroll deductions withheld on a pre-tax basis. A review of the plan by the City's external tax attorneys from the firm of Gray-Robinson
has resulted in a recommended amendment and restatement in order to more accurately reflect the current status of the plan, to facilitate
administration of the plan, and to comply with recent required legislative changes regarding coverage for newborns. In addition, a
separate Cafeteria Plan document has been established in order to more clearly codify the City's Flexible Spending Account provisions
that were adopted by the City Council under the Premium Payment Plan in 2002. There is no additional budget impact associated with
this request.
Review
Approval:
1) Legal 2) Clerk 3) Financial Services 4) Office of Management and Budget 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8018 - 08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE CITY OF CLEARWATER PREMIUM PAYMENT
PLAN (THE "PREMIUM PLAN") AND THE CITY OF CLEARWATER
CAFETERIA PLAN (THE "CAFETERIA PLAN"); AMENDING AND
RESTATING THE PREMIUM PLAN AND THE CAFETERIA PLAN TO
COMPLY WITH ALL LEGISLATIVE CHANGES REQUIRED BY LAW;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVI 01 NG AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater ("City") established the Premium Plan effective January 1,
1991 and the Cafeteria Plan effective January 1, 2003; and
WHEREAS, the City desires to amend the Premium Plan and the Cafeteria Plan to comply
with all required legislative changes; and
WHEREAS, the City is granted authority to amend the Premium Plan and the Cafeteria Plan;
and
WHEREAS, the City has determined that it is the best interest of participants to amend the
Premium Plan and the Cafeteria Plan.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City Code of Ordinances is hereby amended in accordance with the
amendment and restatement of the Premium Plan and the Cafeteria Plan, copies of which are
attached hereto as Exhibit A and B, respectively, and made a part hereof, is hereby approved and
adopted.
Section 2. The Premium Plan and the Cafeteria Plan shall be effective January 1, 2008.
Section 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
CITY OF CLEARWATER, FLORIDA
By:
By:
Leslie K. Dougall-Sides,
Assistant City Attorney
Frank Hibbard, Mayor
Attest:
By:
Cynthia E. Goudeau, City Clerk
OrdinaUem. #Jils-08
Attachment number 2
,O\J" VI 0':"
CITY OF CLEARWATER
CAFETERIA PLAN
Item # 7
'10001 ,< _ Ii ';nJ ';L11 ,,';
Attachment number 2
Page 2 of 32
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
P ARTICIP A TION
2.1 ELIGIBILITY.....................................................................................................................3
2.2 EFFECTIVE DATE OF PARTICIPATION ......................................................................3
2.3 APPLICATION TO PAR TICIP ATE.................................................................................3
2.4 TERMINATION OF PARTICIPATION ...........................................................................4
2.5 TERMINATION OF EMPLOYMENT AND CHANGE IN EMPLOYMENT
STATUS...................................................................................................................... .......4
2.6 DEATH........................................................................................................................ .......4
ARTICLE III
CONTRIBUTIONS TO THE PLAN
3 .1 SALARY REDIRECTION.................................................................................................5
3.2 APPLICATION OF CONTRIBUTIONS........................................................................... 5
3.3 PERIODIC CONTRIBUTIONS.........................................................................................5
ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS..........................................................................................................6
4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT ..............................................6
4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT ..........................6
4.4 NONDISCRIMINATION REQUIREMENTS ..................................................................6
ARTICLE V
PAR TICIP ANT ELECTIONS
5.1 INITIAL ELECTIONS....................................................................................................... 7
5.2 SUBSEQUENT ANNUAL ELECTIONS.......................................................................... 7
5.3 FAILURE TO ELECT........................................................................................................7
5.4 CHANGE IN STATUS ......................................................................................................8
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Page 3 of 32
ARTICLE VI
HEALTH FLEXIBLE SPENDING ACCOUNT
6.1 ESTABLISHMENT OF PLAN........................................................................................11
6.2 DEFINITIONS .................................................................................................................11
6.3 FORFEITURES............................................................................................................... .12
6.4 LIMITATION ON ALLOCATIONS ...............................................................................12
6.5 NONDISCRIMINATION REQUIREMENTS ................................................................12
6.6 COORDINATION WITH CAFETERIA PLAN.............................................................. 13
6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS .............................................13
ARTICLE VII
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT
7.1 ESTABLISHMENT OF ACCOUNT ...............................................................................14
7.2 DEFINITIONS................................................................................................................ .14
7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS........................................ 15
7.4 INCREASES INDEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS............ 15
7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS........... 16
7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT ..........................................16
7.7 ANNUAL STATEMENT OF BENEFITS....................................................................... 16
7.8 FORFEITURES............................................................................................................... .16
7.9 LIMITATION ON PAYMENTS .....................................................................................16
7.10 NONDISCRIMINATION REQUIREMENTS ................................................................17
7.11 COORDINATION WITH CAFETERIA PLAN.............................................................. 17
7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS.......................... 17
ARTICLE VIII
BENEFITS AND RIGHTS
8.1 CLAIM FOR BENEFITS .................................................................................................19
8.2 APPLICATION OF BENEFIT PLAN SURPLUS ..........................................................20
ARTICLE IX
ADMINISTRATION
9.1 PLAN ADMINISTRATION ............................................................................................20
9 .2 EXAMINATION OF RECORDS....................................................................................21
Item # 7
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Attachment number 2
Page 4 of 32
9 .3 PAYMENT OF EXPENSES............................................................................................21
9.4 INDEMNIFICATION OF ADMINISTRATOR..............................................................21
ARTICLE X
AMENDMENT OR TERMINATION OF PLAN
10.1 AMENDMENT................................................................................................................22
10.2 TERMINATION..............................................................................................................22
ARTICLE XI
MISCELLANEOUS
11.1 PLAN INTERPRETATION.............................................................................................22
11.2 GENDER AND NUMBER..............................................................................................22
11.3 WRITTEN DOCUMENT.................................................................................................22
11.4 EXCLUSIVE BENEFIT...................................................................................................23
11.5 PARTICIPANT'S RIGHTS ..............................................................................................23
11.6 ACTION BY THE EMPLOYER .....................................................................................23
11.7 NO GUARANTEE OF TAX CONSEQUENCES ...........................................................23
11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS......................................23
11. 9 FUNDING....................................................................................................................... .24
11.10 GOVERNING LAW........................................................................................................24
11.11 SEVERABILITY............................... ................................................. ..............................24
11.12 CAPTIONS...................................................................................................................... .24
11.13 CONTINUATION OF COVERAGE...............................................................................24
11.14 FAMILY AND MEDICAL LEAVE ACT .......................................................................24
11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT ................25
11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS
ACT........................................................................................................................... .......25
11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS ............................................25
11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS ................27
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Page 5 of 32
CITY OF CLEARWATER CAFETERIA PLAN
INTRODUCTION
The Employer has amended this Plan effective January 1, 2007, to recognize the
contribution made to the Employer by its Employees. Its purpose is to reward them by providing
benefits for those Employees who shall qualify hereunder and their dependents and beneficiaries.
The concept of this Plan is to allow Employees to choose among different types of benefits based
on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was
originally effective on January 1, 2003. The Plan shall be known as City of Clearwater Cafeteria
Plan (the "Plan").
The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within
the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the
benefits which an Employee elects to receive under the Plan be excludable from the Employee's
income under Section 125(a) and other applicable sections of the Internal Revenue Code of
1986, as amended.
ARTICLE I
DEFINITIONS
1.1 "Administrator" means the individual(s) or corporation appointed by the
Employer to carry out the administration of the Plan. The Employer shall be empowered to
appoint and remove the Administrator from time to time as it deems necessary for the proper
administration of the Plan. In the event the Administrator has not been appointed, or resigns from
a prior appointment, the Employer shall be deemed to be the Administrator.
1.2 "Affiliated Employer" means the Employer and any corporation which is a
member of a controlled group of corporations (as defined in Code Section 414(b)) which
includes the Employer; any trade or business (whether or not incorporated) which is under
common control (as defined in Code Section 414(c)) with the Employer; any organization
(whether or not incorporated) which is a member of an affiliated service group (as defined in
Code Section 414(m)) which includes the Employer; and any other entity required to be
aggregated with the Employer pursuant to Treasury regulations under Code Section 414(0).
1.3 "Benefit" means any of the optional benefit choices available to a Participant as
outlined in Section 4.1.
1.4 RESERVED
1.5 "Code" means the Internal Revenue Code of 1986, as amended or replaced from
time to time.
1.6 "Compensation" means the dollar amounts received by the Participant from the
Employer during a Plan Year.
1.7 "Dependent" means any individual who qualifies as a dependent under an
Insurance Contract or under Code Section 152 (as modified by Code Section 1 05(b )).
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1.8 "Effective Date" means January 1,2007.
1.9 "Election Period" means the period immediately preceding the beginning of each
Plan Year established by the Administrator, such period to be applied on a uniform and
nondiscriminatory basis for all Employees and Participants. However, an Employee's initial
Election Period shall be determined pursuant to Section 5.1.
1.10 "Eligible Employee" means any Employee who has satisfied the provisions of
Section 2.1. In addition, an individual who meets the requirements of Florida Statutes Chapter
112.0801 shall be eligible to participate in the Plan. However, the following individuals shall not
be an "Eligible Employee" and shall not participate in the Plan:
(a) individuals who are not reported on the payroll records of the Employer as
a common law employee. In particular, it is expressly intended that individuals
not treated as common law employees by the Employer on its payroll records are
not "Eligible Employees" and are excluded from Plan participation even if a court
or administrative agency determines that such individuals are common law
employees and not independent contractors.
(b) Employees who are classified on the books and records of the Employer as
part-time, temporary, seasonal or emergency employees.
(c) Employee or former Employee who is not eligible to receive medical
benefits pursuant to a group medical plan sponsored by the Employer.
(d) individuals whose employment is governed by the terms of a collective
bargaining agreement between Employee representatives and the Employer under
which benefits were subject of good faith bargaining agreed that such individuals
were excluded from the Plan.
(e) individuals who are "leased employees" as defined III Code Section
414(n)(2).
1.11 "Employee" means any person who is employed by the Employer.
1.12 "Employer" means City of Clearwater and any successor which shall maintain
this Plan; and any predecessor which has maintained this Plan.
1.13 "Highly Compensated Employee" means an Employee described in Code Section
414(q) and the regulations thereunder.
1.14 "Key Employee" means an Employee described in Code Section 416(i)(1) and the
regulations thereunder.
1.15 "Participant" means any Eligible Employee who elects to become a Participant
pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the
Plan.
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1.16 "Plan" means this instrument, including all amendments thereto.
1.17 "Plan Year" means the 12-month period beginning January 1 and ending
December 31. The Plan Year shall be the coverage period for the Benefits provided for under
this Plan. In the event a Participant commences participation during a Plan Year, then the initial
coverage period shall be that portion of the Plan Year commencing on such Participant's date of
entry and ending on the last day of such Plan Year.
1.18 "Salary Redirection" means the contributions made by the Employer on behalf of
Participants pursuant to Section 3.1. These contributions shall be allocated to the funds or
accounts established under the Plan pursuant to the Participants' elections made under Article V.
1.19 "Salary Redirection Agreement" means an agreement between the Participant and
the Employer under which the Participant agrees to reduce his Compensation or to forego all or
part of the increases in such Compensation and to have such amounts contributed by the
Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply
only to Compensation that has not been actually or constructively received by the Participant as
of the date of the agreement (after taking this Plan and Code Section 125 into account) and,
subsequently does not become currently available to the Participant.
1.20 "Spouse" means the legally married husband or wife of a Participant, unless
legally separated by court decree.
ARTICLE II
P ARTICIP A TION
2.1 ELIGIBILITY
Any Eligible Employee shall be eligible to participate hereunder as of his date of
employment (or the Effective Date of the Plan, if later). However, any Eligible Employee who
was a Participant in the Plan on the effective date of this amendment shall continue to be eligible
to participate in the Plan.
2.2 EFFECTIVE DATE OF PARTICIPATION
An Eligible Employee shall become a Participant effective as of the first day of
the month coinciding with or next following the date on which he met the eligibility
requirements of Section 2.1.
2.3 APPLICATION TO PARTICIPATE
An Employee who is eligible to participate in this Plan shall, during the applicable
Election Period, complete an application to participate and elect benefits in accordance with the
procedures established by the Administrator. The elections made in accordance with such
procedures shall be irrevocable until the end of the applicable Plan Year unless the Participant is
entitled to change his Benefit elections pursuant to Section 5.4 hereof.
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An Eligible Employee shall also be required to execute a Salary Redirection
Agreement during the Election Period for the Plan Year during which he wishes to participate in
this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period
beginning on or after the Employee's effective date of participation pursuant to Section 2.2.
2.4 TERMINATION OF PARTICIPATION
A Participant shall no longer participate in this Plan upon the occurrence of any of the
following events:
(a) Termination of employment. His termination of employment,
subject to the provisions of Section 2.5;
(b) Change in employment status. The date he is no longer in a class of
Employees eligible for coverage or the date in which he incurs a change in his
employment status (other than through termination of employment) and is no
longer an Eligible Employee as defined in Section 1.10;
(c) Death. His death, subject to the provisions of Section 2.6; or
(d) Termination of the plan. The termination of this Plan, subject to
the provisions of Section 10.2.
2.5 TERMINATION OF EMPLOYMENT AND CHANGE IN EMPLOYMENT STATUS
If a Participant's employment with the Employer is terminated for any reason
other than death or the Participant incurs a change in employment status as described in Section
2.4, his participation in the Benefit Options provided under Section 4.1 shall cease, subject to the
Participant's right to continue coverage under any self-funded plan for which premiums have
already been paid. No further Salary Redirection contributions shall be made. However, such
Participant may submit claims for employment related Dependent Care Expense and Health
Flexible Spending reimbursements for claims incurred up to the date of termination and
submitted within 3 months following the close of the Plan Year in which the Participant
terminated
2.6 DEATH
If a Participant dies, his participation in the Plan shall cease. However, such
Participant's beneficiaries, or the representative of his estate, may submit claims for expenses
incurred up to the date of separation of employment or benefits for the remainder of the Plan
Year or until the amount allocated to each specific benefit are exhausted. A Participant may
designate a specific beneficiary for this purpose. If no such beneficiary is specified, the
Administrator may designate the Participant's Spouse, one of his Dependents or a representative
of his estate.
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ARTICLE III
CONTRIBUTIONS TO THE PLAN
3 .1 SALARY REDIRECTION
Benefits under the Plan shall be financed by Salary Redirections sufficient to
support Benefits that a Participant has elected hereunder. This shall be the maximum amount of
salary redirection available under this Plan. The salary administration program of the Employer
shall be revised to allow each Participant to agree to reduce his pay during a Plan Year by an
amount determined necessary to purchase the elected Benefit Options. The amount of such
Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable
for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection
Agreement shall only be applicable from the first day of the pay period following the Employee's
entry date up to and including the last day of the Plan Year. These contributions shall be
allocated to the funds or accounts established under the Plan pursuant to the Participants'
elections made under Article V.
Any Salary Redirection shall be determined prior to the beginning of a Plan Year
(subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period
and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit
election or a Salary Redirection Agreement after the Plan Year has commenced and make a new
election with respect to the remainder of the Plan Year, if both the revocation and the new
election are on account of and consistent with a change in status and such other permitted events
as determined under Article V of the Plan and consistent with the rules and regulations of the
Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis
for each pay period during the Plan Year. All individual Salary Redirection Agreements are
deemed to be part of this Plan and incorporated by reference hereunder.
3.2 APPLICATION OF CONTRIBUTIONS
As soon as reasonably practical after each payroll period, the Employer shall
apply the Salary Redirection necessary to provide for the Benefits elected by the affected
Participants. Any contribution made or withheld for the Health Flexible Spending Account or
Dependent Care Flexible Spending Account shall be credited to such fund or account.
3.3 PERIODIC CONTRIBUTIONS
Notwithstanding the requirement provided above and in other Articles of this Plan
that Salary Redirections be contributed to the Plan on a periodic basis by the Employer on behalf
of an Employee, the Employer and Administrator will implement a procedure in which Salary
Redirections are contributed throughout the Plan Year. However, with regard to the Health
Flexible Spending Account, the payment schedule for the required contributions may not be
based on the rate or amount of reimbursements during the Plan Year.
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ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS
Each Participant may elect one or both of the following optional Benefits:
(1) Health Flexible Spending Account
(2) Dependent Care Flexible Spending Account
4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT
Each Participant may elect to participate in the Health Flexible Spending Account
option, in which case Article VI shall apply.
4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT
Each Participant may elect to participate in the Dependent Care Flexible Spending
Account option, in which case Article VII shall apply.
4.4 NONDISCRIMINATION REQUIREMENTS
It is the intent of this Plan to provide benefits to a classification of employees
which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose
favor discrimination may not occur under Code Section 125.
If the Administrator deems it necessary to avoid discrimination or possible
taxation to a group of employees in whose favor discrimination may not occur in violation of
Code Section 125, it may, but shall not be required to, reject any election or reduce contributions
or non-taxable Benefits in order to assure compliance with this Section. Any act taken by the
Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner.
If the Administrator decides to reject any election or reduce contributions or non-taxable
Benefits, it shall be done in the following manner. First, the non-taxable Benefits of the affected
Participant who is highly compensated, who has the highest amount of non-taxable Benefits for
the Plan Year shall have his non-taxable Benefits reduced until the discrimination tests set forth
in this Section are satisfied or until the amount of his non-taxable Benefits equals the non-taxable
Benefits of the affected Participant who has the second highest amount of non-taxable Benefits.
This process shall continue until the nondiscrimination tests set forth in this Section are satisfied.
With respect to any affected Participant who has had Benefits reduced pursuant to this Section,
the reduction shall be made proportionately among Health Flexible Spending Account Benefits
and Dependent Care Flexible Spending Account Benefits. Contributions which are not utilized to
provide Benefits to any Participant by virtue of any administrative act under this paragraph shall
be forfeited and deposited into the benefit plan surplus.
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ARTICLE V
PARTICIPANT ELECTIONS
5.1 INITIAL ELECTIONS
An Employee who meets the eligibility requirements of Section 2.1 on the first
day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such
Plan Year, provided he elects to do so before his effective date of participation pursuant to
Section 2.2. An Employee who becomes eligible less than one week before the end of the open
enrollment period will be required to elect his or her benefit options within one week of the date
he or she became eligible to participate in the Plan. However, if such Employee does not
complete an application to participate and deliver it to the Administrator before such date, his
Election Period shall only be extended if the Administrator has established procedures for
extending the Election Period, provided such extended Election Period is applied on a uniform
and nondiscriminatory basis. In addition, if the Administrator establishes an extended Election
Period pursuant to this Section 5.1, such benefit elections shall not be effective until the first pay
period following the later of such Participant's effective date of participation pursuant to Section
2.2 or the date of the receipt of the application by the Administrator, and shall be limited to the
Benefit expenses that are incurred by the Participant and/or dependents for the balance of the
Plan Year for which the election is made.
5.2 SUBSEQUENT ANNUAL ELECTIONS
During the Election Period prior to each subsequent Plan Year, each Participant
shall be given the opportunity to elect, in accordance with procedures established by the
Administrator, which Benefit options he wishes to select. Any such election shall be effective for
any Benefit expenses incurred during the Plan Year which follows the end of the Election Period.
With regard to subsequent annual elections, the following options shall apply:
(a) A Participant or Employee who failed to initially elect to
participate may elect different or new Benefits under the Plan during the Election
Period;
(b) A Participant may terminate his partIcIpation in the Plan by
notifying the Administrator in writing during the Election Period that he does not
want to participate in the Plan for the next Plan Year, or by not electing any
Benefit options;
(c) An Employee who elects not to partIcIpate for the Plan Year
following the Election Period will have to wait until the next Election Period
before again electing to participate in the Plan, except as provided for in Section
5.4.
5.3 FAILURE TO ELECT
Any Participant failing to participate in the benefit election process pursuant to
Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to
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participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore
be authorized for such subsequent Plan Year.
5.4 CHANGE IN STATUS
(a) Any Participant may change a Benefit election after the Plan Year
(to which such election relates) has commenced and make new elections with
respect to the remainder of such Plan Year if, under the facts and circumstances, the
changes are necessitated by and are consistent with a change in status which is
acceptable under rules and regulations adopted by the Department of the Treasury,
the provisions of which are incorporated by reference. Notwithstanding anything
herein to the contrary, if the rules and regulations conflict, then such rules and
regulations shall control.
In general, a change in election is not consistent if the change in status is
the Participant's divorce, annulment or legal separation from a spouse, the death
of a spouse or dependent, or a dependent ceasing to satisfy the eligibility
requirements for coverage, and the Participant's election under the Plan is to
begin or increase contributions to a flexible spending account. In addition, if a
change in status occurs as a result of a marriage, birth, or adoption, then a
Participant's election under the Plan to cease or decrease flexible spending
account contributions is not consistent with that change in status. Regardless, a
Participant may not reduce the flexible spending account election to an amount
less than an amount equal to the reimbursements previously issued to that
Participant during the current plan year.
Regardless of the consistency requirement, if the individual, the individual's
spouse, or dependent becomes eligible for continuation coverage under the
Employer's group health plan as provided in Public Health Service Act (42 USC
300bb-1 et. seq.) or any similar state law, then the individual may elect to increase
payments under this Plan in order to pay for the continuation coverage. However,
this does not apply for COBRA eligibility due to divorce, annulment or legal
separation.
Any new election shall be effective at such time as the Administrator shall
prescribe, but not earlier than the first pay period beginning after the election is
properly executed in accordance with the procedures established by the
Administrator. For the purposes of this subsection, a change in status shall only
include the following events or other events permitted by Treasury regulations:
(1) Legal Marital Status: events that change a Participant's legal
marital status, including marriage, divorce, death of a spouse, legal
separation or annulment;
(2) Number of Dependents: Events that change a Participant's number
of dependents, including birth, adoption, placement for adoption, or death of
a dependent;
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(3) Employment Status: Any of the following events that change the
employment status of the Participant, spouse, or dependent: termination or
commencement of employment, a strike or lockout, commencement or
return from an unpaid leave of absence, or a change in worksite. In addition,
if the eligibility conditions of this Plan or other employee benefit plan of the
Employer of the Participant, spouse, or dependent depend on the
employment status of that individual and there is a change in that
individual's employment status with the consequence that the individual
becomes (or ceases to be) eligible under the plan, then that change
constitutes a change in employment under this subsection; and
(4) Dependent satisfies or ceases to satisfy the eligibility requirements:
An event that causes the Participant's dependent to satisfy or cease to satisfy
the requirements for coverage due to attainment of age, student status, or
any similar circumstance.
For the Dependent Care Flexible Spending Account, a dependent becoming
or ceasing to be a "Qualifying Individual" as defined under Code Section 21 (b)
shall also qualify as a change in status.
(b) Notwithstanding subsection (a), the Participants may change an
election for health coverage during a Plan Year and make a new election that
corresponds with the special enrollment rights provided in American Health
Insurance Portability and Accountability Act of 1996 ("HIP AA"). Such change
shall take place on a prospective basis, unless retroactive coverage is both
permitted by HIP AA and elected by the participant. An election for prospective
coverage shall be effective either as of the date the Plan Administrator is notified
of the special enrollment event or the 1 st day of the month following the date of
the special enrollment event, at the Participant's direction. An election for
retroactive coverage shall be effective as of the day of the special enrollment
event. Payment for prospective or retroactive coverage shall be made in
accordance with procedures established by the administrator in a uniform and
nondiscriminatory manner.
( c) Notwithstanding subsection (a), in the event of a judgment, decree,
or order ("order") resulting from a divorce, legal separation, annulment, or change
in legal custody which requires accident or health coverage for a Participant's
child (including a foster child who is a dependent of the Participant):
(1) The Plan may change a Participant's election to provide coverage
for the child if the order requires coverage under the Participant's plan; or
(2) The Participant shall be permitted to change an election to cancel
coverage for the child if the order requires the former spouse to provide
coverage for such child, under that individual's plan if verification of such
coverage is actually provided to the Administrator.
(d) If the cost of a Benefit provided under the Plan increases or
decreases during a Plan Year, then the Plan shall automatically increase or
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decrease, as the case may be, the Salary Redirections of all affected Participants
for such Benefit. Alternatively, if the cost of a benefit package option increases
significantly, the Administrator shall permit the affected Participants to either
make corresponding changes in their payments or revoke their elections and, in
lieu thereof, receive on a prospective basis coverage under another benefit
package option with similar coverage, or drop coverage prospectively if there is
no benefit package option with similar coverage.
A cost increase or decrease refers to an increase or decrease in the amount
of elective contributions under the Plan, whether resulting from an action taken by
the Employer or the insurer.
If the coverage under a Benefit is significantly curtailed or ceases during a
Plan Year, affected Participants may revoke their elections of such Benefit and, in
lieu thereof, elect to receive on a prospective basis coverage under another plan
with similar coverage, or drop coverage prospectively if no similar coverage is
offered.
If, during the period of coverage, a new benefit package option or other
coverage option is added, an existing benefit package option is significantly
improved, or an existing benefit package option or other coverage option is
eliminated, then the affected Participants may elect the newly-added option, or
elect another option if an option has been eliminated prospectively and make
corresponding election changes with respect to other benefit package options
providing similar coverage. In addition, those Eligible Employees who are not
participating in the Plan may opt to become Participants and elect the new or
newly improved benefit package option.
A Participant may make a prospective election change to add group health
coverage for the Participant, the Participant's spouse or dependent if such
individual loses group health coverage sponsored by a governmental or
educational institution, including a state children's health insurance program
under the Social Security Act, the Indian Health Service or a health program
offered by an Indian tribal government, a state health benefits risk pool, or a
foreign government group health plan.
A Participant may make a prospective election change that is on account
of and corresponds with a change made under the plan of a spouse's, former
spouse's or dependent's employer if (1) the cafeteria plan or other benefits plan of
the spouse's, former spouse's or dependent's employer permits its participants to
make a change; or (2) the cafeteria plan permits participants to make an election
for a period of coverage that is different from the period of coverage under the
cafeteria plan of a spouse's, former spouse's or dependent's employer.
A Participant may make a prospective election change that is on account
of and corresponds with a change by the Participant in the dependent care
provider. The availability of dependent care services from a new childcare
provider is similar to a new benefit package option becoming available. A cost
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change is allowable in the Dependent Care Flexible Spending Account only if the
cost change is imposed by a dependent care provider who is not related to the
Participant, as defined in Code Section 152(a)(1) through (8).
A Participant shall not be permitted to change an election to the Health
Flexible Spending Account as a result of a cost or coverage change under any
health insurance benefits.
ARTICLE VI
HEAL TH FLEXIBLE SPENDING ACCOUNT
6.1 ESTABLISHMENT OF PLAN
This Health Flexible Spending Account is intended to qualify as a medical
reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with
such Code Section and the Treasury regulations thereunder. Participants who elect to participate
in this Health Flexible Spending Account may submit claims for the reimbursement of Medical
Expenses. All amounts reimbursed shall be periodically paid from amounts allocated to the
Health Flexible Spending Account. Periodic payments reimbursing Participants from the Health
Flexible Spending Account shall in no event occur less frequently than monthly.
6.2 DEFINITIONS
For the purposes of this Article and the Cafeteria Plan, the terms below have the
following meaning:
(a) "Health Flexible Spending Account" means the account
established for Participants pursuant to this Plan to which part of their
Compensation may be allocated and from which all allowable Medical Expenses
incurred by a Participant, his or her spouse and his or her Dependents may be
reimbursed.
(b) "Highly Compensated Participant" means, for the purposes of this
Article and determining discrimination under Code Section 105(h), a participant
who is:
(1) one of the 5 highest paid officers; or
(2) among the highest paid 25 percent of all Employees (other than
exclusions permitted by Code Section 105(h)(3)(B) for those individuals
who are not Participants).
(c) "Medical Expenses" means any expense for medical care within
the meaning of the term "medical care" as defined in Code Section 213(d) and as
allowed under Code Section 105 and the rulings and Treasury regulations
thereunder, and not otherwise used by the Participant as a deduction in
determining his tax liability under the Code. "Medical Expenses" can be incurred
by the Participant, his or her spouse and his or her Dependents.
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A Participant may not be reimbursed for the cost of other health coverage
such as premiums paid under plans maintained by the employer of the
Participant's spouse or individual policies maintained by the Participant or his
spouse or Dependent.
A Participant may not be reimbursed for "qualified long-term care
services" as defined in Code Section 7702B(c).
(d) The definitions of Article I of this Plan are hereby incorporated by
reference to the extent necessary to interpret and apply the provisions of this
Health Flexible Spending Account.
6.3 FORFEITURES
The account balance remaining in the Health Flexible Spending Account as of the
end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to
Section 6.7 hereof) shall be forfeited by the Participant and credited to the benefit plan surplus.
In such event, the Participant shall have no further claim to such amount for any reason, subject
to Section 8.2.
6.4 LIMITATION ON ALLOCATIONS
Notwithstanding any provision contained in this Plan to the contrary, no more
than the amount established by the Administrator or allowable by law may be allocated to the
Health Flexible Spending Account by a Participant in any Plan Year.
6.5 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Health Flexible Spending Account not to
discriminate in violation of the Code and the Treasury regulations thereunder.
(b) If the Administrator deems it necessary to avoid discrimination
under this Health Flexible Spending Account, it may, but shall not be required to,
reject any elections or reduce contributions or Benefits in order to assure
compliance with this Section. Any act taken by the Administrator under this
Section shall be carried out in a uniform and nondiscriminatory manner. If the
Administrator decides to reject any elections or reduce contributions or Benefits,
it shall be done in the following manner. First, the Benefits designated for the
Health Flexible Spending Account by the member of the group in whose favor
discrimination may not occur pursuant to Code Section 105 that elected to
contribute the highest amount to the fund for the Plan Year shall be reduced until
the nondiscrimination tests set forth in this Section or the Code are satisfied, or
until the amount designated for the fund equals the amount designated for the
fund by the next member of the group in whose favor discrimination may not
occur pursuant to Code Section 105 who has elected the second highest
contribution to the Health Flexible Spending Account for the Plan Year. This
process shall continue until the nondiscrimination tests set forth in this Section or
the Code are satisfied. Contributions which are not utilized to provide Benefits to
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any Participant by virtue of any administrative act under this paragraph shall be
forfeited and credited to the benefit plan surplus.
6.6 COORDINATION WITH CAFETERIA PLAN
All Participants under the Cafeteria Plan are eligible to receive Benefits under this
Health Flexible Spending Account. The enrollment under the Cafeteria Plan shall constitute
enrollment under this Health Flexible Spending Account. In addition, other matters concerning
contributions, elections and the like shall be governed by the general provisions of the Cafeteria
Plan.
6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS
(a) All Medical Expenses incurred by a Participant, his or her spouse
and his or her Dependents shall be reimbursed during the Plan Year subj ect to
Section 6.7(d), even though the submission of such a claim occurs after his
participation hereunder ceases; but provided that the Medical Expenses were
incurred during the applicable Plan Year. Medical Expenses are treated as having
been incurred when the Participant is provided with the medical care that gives
rise to the medical expenses, not when the Participant is formally billed or
charged for, or pays for the medical care.
(b) The Administrator shall direct the reimbursement to each eligible
Participant for all allowable Medical Expenses, up to a maximum of the amount
designated by the Participant for the Health Flexible Spending Account for the
Plan Year. Reimbursements shall be made available to the Participant throughout
the year without regard to the amount of Compensation which has been allocated
to the fund at any given point in time. Furthermore, a Participant shall be entitled
to reimbursements only for amounts in excess of any payments or other
reimbursements under any health care plan covering the Participant and/or his
Spouse or Dependents.
(c) Reimbursement payments under this Plan shall be made directly to
the Participant. However, in the Administrator's discretion, payments may be
made directly to the service provider. The application for payment or
reimbursement shall be made to the Administrator in the prescribed manner and
within a reasonable time of incurring the debt or paying for the service. The
application shall include a written statement from an independent third party
stating that the Medical Expense has been incurred and the amount of such
expense. Furthermore, the Participant shall provide a written statement that the
Medical Expense has not been reimbursed or is not reimbursable under any other
health plan coverage and, if reimbursed from the Health Flexible Spending
Account, such amount will not be claimed as a tax deduction. The Administrator
shall retain a file of all such applications.
(d) Claims for the reimbursement of Medical Expenses incurred in any
Plan Year shall be paid as soon after a claim has been filed as is administratively
practicable; provided however, that if a Participant fails to submit a claim within 3
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months after the end of the Plan Year, those Medical Expense claims shall not be
considered for reimbursement by the Administrator. If a Participant terminates
employment during the Plan Year, claims for the reimbursement of Medical
Expenses must also be submitted within 3 months following the close of the Plan
Year in which the Participant terminated employment.
ARTICLE VII
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT
7.1 ESTABLISHMENT OF ACCOUNT
This Dependent Care Flexible Spending Account is intended to qualify as a
program under Code Section 129 and shall be interpreted in a manner consistent with such Code
Section. Participants who elect to participate in this program may submit claims for the
reimbursement of Employment-Related Dependent Care Expenses. All amounts reimbursed shall
be paid from amounts allocated to the Participant's Dependent Care Flexible Spending Account.
7.2 DEFINITIONS
For the purposes of this Article and the Cafeteria Plan the terms below shall have
the following meaning:
(a) "Dependent Care Flexible Spending Account" means the account
established for a Participant pursuant to this Article to which part of his
Compensation may be allocated and from which Employment-Related Dependent
Care Expenses of the Participant may be reimbursed for the care of the Qualifying
Dependents of Participants.
(b) "Earned Income" means earned income as defined under Code
Section 32(c)(2), but excluding such amounts paid or incurred by the Employer
for dependent care assistance to the Participant.
(c) "Employment-Related Dependent Care Expenses" means the
amounts paid for expenses of a Participant for those services which if paid by the
Participant would be considered employment related expenses under Code
Section 21(b)(2). Generally, they shall include expenses for household services
and for the care of a Qualifying Dependent, to the extent that such expenses are
incurred to enable the Participant to be gainfully employed for any period for
which there is one or more Qualifying Dependents with respect to such
Participant. Employment-Related Dependent Care Expenses are treated as having
been incurred when the Participant's Qualifying Dependents are provided with the
dependent care that gives rise to the Employment-Related Dependent Care
Expenses, not when the Participant is formally billed or charged for, or pays for
the dependent care. The determination of whether an amount qualifies as an
Employment-Related Dependent Care Expense shall be made subject to the
following rules:
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(1) If such amounts are paid for expenses incurred outside the
Participant's household, they shall constitute Employment-Related
Dependent Care Expenses only if incurred for a Qualifying Dependent as
defined in Section 7.2(d)(1) (or deemed to be, as described in Section
7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as
defined in Section 7.2( d)(2) (or deemed to be, as described in Section
7.2(d)(2) pursuant to Section 7.2(d)(3)) who regularly spends at least 8
hours per day in the Participant's household;
(2) If the expense is incurred outside the Participant's home at a
facility that provides care for a fee, payment, or grant for more than 6
individuals who do not regularly reside at the facility, the facility must
comply with all applicable state and local laws and regulations, including
licensing requirements, if any; and
(3) Employment-Related Dependent Care Expenses of a Participant
shall not include amounts paid or incurred to a child of such Participant
who is under the age of 19 or to an individual who is a dependent of such
Participant or such Participant's Spouse.
(d) "Qualifying Dependent" means, for Dependent Care Flexible
Spending Account purposes,
(1) a Participant's Dependent (as defined in Code Section 152(a)(1))
who has not attained age 13;
(2) a Dependent or the Spouse of a Participant who is physically or
mentally incapable of caring for himself or herself and has the same
principal place of abode as the Participant for more than one-half of such
taxable year; or
(3) a child that is deemed to be a Qualifying Dependent described in
paragraph (1) or (2) above, whichever is appropriate, pursuant to Code
Section 21(e)(5).
(e) The definitions of Article I of this Plan are hereby incorporated by
reference to the extent necessary to interpret and apply the provisions of this
Dependent Care Flexible Spending Account.
7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS
The Administrator shall establish a Dependent Care Flexible Spending Account
for each Participant who elects to apply for Dependent Care Flexible Spending Account benefits.
7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS
A Participant's Dependent Care Flexible Spending Account shall be increased
each pay period by the portion of his Compensation that he has elected to apply toward his
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Dependent Care Flexible Spending Account pursuant to elections made under Article V hereof.
7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS
A Participant's Dependent Care Flexible Spending Account shall be reduced by
the amount of any Employment-Related Dependent Care Expense reimbursements paid or
incurred on behalf of a Participant pursuant to Section 7.12 hereof.
7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT
Subject to limitations contained in Section 7.9 of this Program, and to the extent
of the amount contained in the Participant's Dependent Care Flexible Spending Account, a
Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to
receive from the Employer full reimbursement for the entire amount of such expenses incurred
during the Plan Year or portion thereof during which he is a Participant. However, a Participant
may only be reimbursed from such Participant's Dependent Care Flexible Spending Account to
the extent the account balance is funded.
7.7 ANNUAL STATEMENT OF BENEFITS
On or before January 31st of each calendar year, the Employer shall furnish to
each Employee who was a Participant and received benefits under Section 7.6 during the prior
calendar year, a statement of all such benefits paid to or on behalf of such Participant during the
prior calendar year.
7.8 FORFEITURES
The dollar amount in a Participant's Dependent Care Flexible Spending Account
as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant
to Section 7.12 hereof) shall be forfeited by the Participant and credited to the benefit plan
surplus. In such event, the Participant shall have no further claim to such amount for any reason,
subject to Section 8.2.
7.9 LIMITATION ON PAYMENTS
Notwithstanding any provision contained in this Article to the contrary, amounts
paid from a Participant's Dependent Care Flexible Spending Account in or on account of any
taxable year of the Participant shall not exceed the lesser of the Earned Income limitation
described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a
Participant who is married as determined under the rules of paragraphs (3) and (4) of Code
Section 21(e)).
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7.10 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Dependent Care Flexible Spending Account
that contributions or benefits not discriminate in favor of the group of employees
in whose favor discrimination may not occur under Code Section 129(d).
(b) If the Administrator deems it necessary to avoid discrimination or
possible taxation to a group of employees in whose favor discrimination may not
occur in violation of Code Section 129 it may, but shall not be required to, reject
any elections or reduce contributions or non-taxable benefits in order to assure
compliance with this Section. Any act taken by the Administrator under this
Section shall be carried out in a uniform and nondiscriminatory manner. If the
Administrator decides to reject any elections or reduce contributions or Benefits,
it shall be done in the following manner. First, the Benefits designated for the
Dependent Care Flexible Spending Account by the affected Participant that
elected to contribute the highest amount to such account for the Plan Year shall be
reduced until the nondiscrimination tests set forth in this Section are satisfied, or
until the amount designated for the account equals the amount designated for the
account of the affected Participant who has elected the second highest
contribution to the Dependent Care Flexible Spending Account for the Plan Year.
This process shall continue until the nondiscrimination tests set forth in this
Section are satisfied. Contributions which are not utilized to provide Benefits to
any Participant by virtue of any administrative act under this paragraph shall be
forfeited.
7.11 COORDINATION WITH CAFETERIA PLAN
All Participants under the Cafeteria Plan are eligible to receive Benefits under this
Dependent Care Flexible Spending Account. The enrollment and termination of participation
under the Cafeteria Plan shall constitute enrollment and termination of participation under this
Dependent Care Flexible Spending Account. In addition, other matters concerning contributions,
elections and the like shall be governed by the general provisions of the Cafeteria Plan.
7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS
The Administrator shall direct the payment of all such Dependent Care claims to
the Participant upon the presentation to the Administrator of documentation of such expenses in
a form satisfactory to the Administrator. However, in the Administrator's discretion, payments
may be made directly to the service provider. In its discretion in administering the Plan, the
Administrator may utilize forms and require documentation of costs as may be necessary to
verify the claims submitted. At a minimum, the requirements shall include a statement from an
independent third party as proof that the expense has been incurred and the amount of such
expense. In addition, the Administrator may require that each Participant who desires to receive
reimbursement under this Program for Employment-Related Dependent Care Expenses submit a
statement which may contain some or all of the following information:
(a) The name of the Dependent or Dependents for whom the services
were performed;
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(b) The nature of the services performed for the Participant, the cost of
which he wishes reimbursement;
(c) The relationship, if any, of the person performing the services to
the Participant;
(d) If the services are being performed by a child of the Participant,
the age of the child;
(e) A statement as to where the services were performed;
(f) If any of the services were performed outside the home, a
statement as to whether the Dependent for whom such services were performed
spends at least 8 hours a day in the Participant's household;
(g)
statement:
If the services were being performed in a day care center, a
(1) that the day care center complies with all applicable laws and
regulations of the state of residence,
(2) that the day care center provides care for more than 6 individuals
(other than individuals residing at the center), and
(3) of the amount of fee paid to the provider.
(h) If the Participant is married, a statement containing the following:
(1) the Spouse's salary or wages ifhe or she is employed, or
(2) if the Participant's Spouse is not employed, that
(i) he or she is incapacitated, or
(ii) he or she is a full-time student attending an educational
institution and the months during the year which he or she attended
such institution.
(i) If a Participant fails to submit a claim within 3 months after the
end of the Plan Year, those claims shall not be considered for reimbursement by
the Administrator. In addition, if a Participant terminates employment during the
Plan Year, claims for reimbursement must also be submitted within 3 months
after the close of the Plan Year in which such Participant terminates employment.
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ARTICLE VIII
BENEFITS AND RIGHTS
8.1 CLAIM FOR BENEFITS
(a) Any claim for Dependent Care Flexible Spending Account or
Health Flexible Spending Account Benefits shall be made to the Administrator.
For both the Health Flexible Spending Account and the Dependent Care Flexible
Spending Account, if a Participant fails to submit a claim within 3 months after
the end of the Plan Year, those claims shall not be considered for reimbursement
by the Administrator. In addition, if a Participant terminates employment during
the Plan Year, claims for the reimbursement of benefits from the Dependent Care
Flexible Spending Account and/or health Flexible Spending account must also be
submitted within 3 months following the close of the Plan Year in which the
Participant terminates employment. If the Administrator denies a claim, the
Administrator may provide notice to the Participant or beneficiary, in writing,
within 90 days after the claim is filed unless special circumstances require an
extension of time for processing the claim. The notice of a denial of a claim shall
be written in a manner calculated to be understood by the claimant and shall set
forth:
(1) specific references to the pertinent Plan provisions on which the
denial is based;
(2) a description of any additional material or information necessary
for the claimant to perfect the claim and an explanation as to why such
information is necessary; and
(3) an explanation of the Plan's claim procedure.
(b) Within 60 days after receipt of the above material, the claimant
shall have a reasonable opportunity to appeal the claim denial to the
Administrator for a full and fair review. The claimant or his duly authorized
representative may:
(1) request a review upon written notice to the Administrator;
(2) review pertinent documents; and
(3) submit issues and comments in writing.
( c) A decision on the review by the Administrator will be made not
later than 60 days after receipt of a request for review, unless special
circumstances require an extension of time for processing (such as the need to
hold a hearing), in which event a decision should be rendered as soon as possible,
but in no event later than 120 days after such receipt. The decision of the
Administrator shall be written and shall include specific reasons for the decision,
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written in a manner calculated to be understood by the claimant, with specific
references to the pertinent Plan provisions on which the decision is based.
(d) Any balance remaining in the Participant's Dependent Care
Flexible Spending Account or Health Flexible Spending Account as of the end of
the time for claims reimbursement for each Plan Year shall be forfeited and
deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or
Section 7.8 of the Plan, whichever is applicable, unless the Participant had made a
claim for such Plan Year, in writing, which has been denied or is pending; in
which event the amount of the claim shall be held in his account until the claim
appeal procedures set forth above have been satisfied or the claim is paid. If any
such claim is denied on appeal, the amount held beyond the end of the Plan Year
shall be forfeited and credited to the benefit plan surplus.
8.2 APPLICATION OF BENEFIT PLAN SURPLUS
Any forfeited amounts credited to the benefit plan surplus by virtue of the failure
of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but
need not be, separately accounted for after the close of the Plan Year (or after such further time
specified herein for the filing of claims) in which such forfeitures arose. In no event shall such
amounts be carried over to reimburse a Participant for expenses incurred during a subsequent
Plan Year for the same or any other Benefit available under the Plan; nor shall amounts forfeited
by a particular Participant be made available to such Participant in any other form or manner,
except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall first be
used to defray any administrative costs and experience losses and thereafter be retained by the
Employer.
ARTICLE IX
ADMINISTRA TION
9.1 PLAN ADMINISTRATION
The operation of the Plan shall be under the supervision of the Administrator. It
shall be a principal duty of the Administrator to see that the Plan is carried out in accordance
with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The
Administrator shall have full power to administer the Plan in all of its details, subject, however,
to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be
limited to the following authority, in addition to all other powers provided by this Plan:
(a) To make and enforce such rules and regulations as the
Administrator deems necessary or proper for the efficient administration of the
Plan;
(b) To interpret the Plan, the Administrator's interpretations thereof in
good faith to be final and conclusive on all persons claiming benefits by operation
of the Plan;
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(c) To decide all questions concerning the Plan and the eligibility of
any person to participate in the Plan and to receive benefits provided by operation
of the Plan;
(d) To reject elections or to limit contributions or Benefits for certain
highly compensated participants if it deems such to be desirable in order to avoid
discrimination under the Plan in violation of applicable provisions of the Code;
(e) To provide Employees with a reasonable notification of their
benefits available by operation of the Plan;
(f) To approve reimbursement requests and to authorize the payment
of benefits; and
(g) To appoint such agents, counsel, accountants, consultants, and
actuaries as may be required to assist in administering the Plan.
Any procedure, discretionary act, interpretation or construction taken by the
Administrator shall be done in a nondiscriminatory manner based upon uniform principles
consistently applied and shall be consistent with the intent that the Plan shall continue to comply
with the terms of Code Section 125 and the Treasury regulations thereunder.
9.2 EXAMINATION OF RECORDS
The Administrator shall make available to each Participant, Eligible Employee
and any other Employee of the Employer such records as pertain to their interest under the Plan
for examination at reasonable times during normal business hours.
9.3 PAYMENT OF EXPENSES
Any reasonable administrative expenses shall be paid by the Employer unless the
Employer determines that administrative costs shall be borne by the Participants under the Plan
or by any Trust Fund which may be established hereunder. The Administrator may impose
reasonable conditions for payments, provided that such conditions shall not discriminate in favor
of highly compensated employees.
9.4 INDEMNIFICATION OF ADMINISTRATOR
The Employer agrees to indemnify and to defend to the fullest extent permitted by
law any Employee serving as the Administrator or as a member of a committee designated as
Administrator (including any Employee or former Employee who previously served as
Administrator or as a member of such committee) against all liabilities, damages, costs and
expenses (including attorney's fees and amounts paid in settlement of any claims approved by the
Employer) occasioned by any act or omission to act in connection with the Plan, if such act or
omission is in good faith.
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ARTICLE X
AMENDMENT OR TERMINATION OF PLAN
10.1 AMENDMENT
The Employer, at any time or from time to time, may amend any or all of the
provisions of the Plan without the consent of any Employee or Participant. No amendment shall
have the effect of modifying any benefit election of any Participant in effect at the time of such
amendment, unless such amendment is made to comply with Federal, state or local laws, statutes
or regulations.
10.2 TERMINATION
The Employer is establishing this Plan with the intent that it will be maintained
for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right
to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no
further contributions shall be made.
No further additions shall be made to the Health Flexible Spending Account or
Dependent Care Flexible Spending Account, but all payments from such fund shall continue to
be made according to the elections in effect until 90 days after the termination date of the Plan.
Any amounts remaining in any such fund or account as of the end of such period shall be
forfeited and deposited in the benefit plan surplus after the expiration of the filing period.
ARTICLE XI
MISCELLANEOUS
11.1 PLAN INTERPRETATION
All provisions of this Plan shall be interpreted and applied in a uniform,
nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as
provided in Section 11.11.
11.2 GENDER AND NUMBER
Wherever any words are used herein in the masculine, feminine or neuter gender,
they shall be construed as though they were also used in another gender in all cases where they
would so apply, and whenever any words are used herein in the singular or plural form, they
shall be construed as though they were also used in the other form in all cases where they would
so apply.
11.3 WRITTEN DOCUMENT
This Plan, in conjunction with any separate written document which may be
required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any
Treasury regulations thereunder relating to cafeteria plans.
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11.4 EXCLUSIVE BENEFIT
This Plan shall be maintained for the exclusive benefit of the Employees who
participate in the Plan.
11.5 PARTICIPANT'S RIGHTS
This Plan shall not be deemed to constitute an employment contract between the
Employer and any Participant or to be a consideration or an inducement for the employment of
any Participant or Employee. Nothing contained in this Plan shall be deemed to give any
Participant or Employee the right to be retained in the service of the Employer or to interfere
with the right of the Employer to discharge any Participant or Employee at any time regardless of
the effect which such discharge shall have upon him as a Participant of this Plan.
11.6 ACTION BY THE EMPLOYER
Whenever the Employer under the terms of the Plan is permitted or required to do
or perform any act or matter or thing, it shall be done and performed by a person duly authorized
by its legally constituted authority.
11.7 NO GUARANTEE OF TAX CONSEQUENCES
Neither the Administrator nor the Employer makes any commitment or guarantee
that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from
the Participant's gross income for federal or state income tax purposes, or that any other federal
or state tax treatment will apply to or be available to any Participant. It shall be the obligation of
each Participant to determine whether each payment under the Plan is excludable from the
Participant's gross income for federal and state income tax purposes, and to notify the Employer
if the Participant has reason to believe that any such payment is not so excludable.
Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally
enforceable.
11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS
If any Participant receives one or more payments or reimbursements under the
Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the
Employer for any liability it may incur for failure to withhold federal or state income tax or
Social Security tax from such payments or reimbursements. However, such indemnification and
reimbursement shall not exceed the amount of additional federal and state income tax (plus any
penalties) that the Participant would have owed if the payments or reimbursements had been
made to the Participant as regular cash compensation, plus the Participant's share of any Social
Security tax that would have been paid on such compensation, less any such additional income
and Social Security tax actually paid by the Participant.
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11.9 FUNDING
Unless otherwise required by law, contributions to the Plan need not be placed in
trust or dedicated to a specific Benefit, but may instead be considered general assets of the
Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed
to require the Employer or the Administrator to maintain any fund or segregate any amount for
the benefit of any Participant, and no Participant or other person shall have any claim against,
right to, or security or other interest in, any fund, account or asset of the Employer from which
any payment under the Plan may be made.
11.10 GOVERNING LAW
This Plan is governed by the Code and the Treasury regulations issued thereunder
(as they might be amended from time to time). In no event shall the Employer guarantee the
favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the
provisions of this Plan shall be construed, enforced and administered according to the laws of the
State of Florida.
11.11 SEVERABILITY
If any provision of the Plan is held invalid or unenforceable, its invalidity or
unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed
and enforced as if such provision had not been included herein.
11.12 CAPTIONS
The captions contained herein are inserted only as a matter of convenience and for
reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in
any way shall affect the Plan or the construction of any provision thereof.
11.13 CONTINUATION OF COVERAGE
Notwithstanding anything in the Plan to the contrary, in the event any benefit
under this Plan subject to the continuation coverage requirement of Public Health Service Act
("PHSA") becomes unavailable, each Participant will be entitled to continuation coverage as
prescribed in PHSA, and related regulations. If during the Plan Year, the Employer employs
fewer than twenty (20) employees on a typical business day, this Section shall not apply.
11.14 F AMIL Y AND MEDICAL LEAVE ACT
Notwithstanding anything in the Plan to the contrary, in the event any benefit
under this Plan becomes subject to the requirements of the Family and Medical Leave Act and
regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3.
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11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in
accordance with HIP AA and regulations thereunder.
11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
Notwithstanding any provision of this Plan to the contrary, contributions, benefits
and service credit with respect to qualified military service shall be provided in accordance with
USERRA and the regulations thereunder.
11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS
(a) If the Health Flexible Spending Account under this Cafeteria Plan
is subject to the Standards for Privacy of Individually Identifiable Health
Information (45 CFR Part 164, the "Privacy Standards"), then this Section shall
apply.
(b) The Plan shall not disclose Protected Health Information to any
member of the Employer's workforce unless each of the conditions set out in this
Section are met. "Protected Health Information" shall have the same definition as
set forth in the Privacy Standards but generally shall mean individually
identifiable information about the past, present or future physical or mental health
or condition of an individual, including information about treatment or payment
for treatment.
(c) Protected Health Information disclosed to members of the
Employer's workforce shall be used or disclosed by them only for purposes of
Plan administrative functions. The Plan's administrative functions shall include all
Plan payment functions and health care operations. The terms "payment" and
"health care operations" shall have the same definitions as set out in the Privacy
Standards, but the term "payment" generally shall mean activities taken to
determine or fulfill Plan responsibilities with respect to eligibility, coverage,
provision of benefits, or reimbursement for health care.
(d) The Plan shall disclose Protected Health Information only to
members of the Employer's workforce who are authorized to receive such
Protected Health Information, and only to the extent and in the minimum amount
necessary for that person to perform his or her duties with respect to the Plan.
"Members of the Employer's workforce" shall refer to all employees and other
persons under the control of the Employer. The Employer shall keep an updated
list of those authorized to receive Protected Health Information.
(1) An authorized member of the Employer's workforce who receives
Protected Health Information shall use or disclose the Protected Health
Information only to the extent necessary to perform his or her duties with
respect to the Plan.
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(2) In the event that any member of the Employer's workforce uses or
discloses Protected Health Information other than as permitted by this
Section and the Privacy Standards, the incident shall be reported to the
Plan's privacy officer. The privacy officer shall take appropriate action,
including:
(i) investigation of the incident to determine whether the
breach occurred inadvertently, through negligence or deliberately;
whether there is a pattern of breaches; and the degree of harm
caused by the breach;
(ii) appropriate sanctions against the persons causing the
breach which, depending upon the nature of the breach, are
consistent with the Employer's disciplinary procedures;
(iii) mitigation of any harm caused by the breach, to the
extent practicable; and
(iv) documentation of the incident and all actions taken to
resolve the issue and mitigate any damages.
( e) The Employer must provide certification to the Plan that it agrees
to:
(1) Not use or further disclose the information other than as permitted
or required by the Plan documents or as required by law;
(2) Ensure that any agent or subcontractor, to whom it provides
Protected Health Information received from the Plan, agrees to the same
restrictions and conditions that apply to the Employer with respect to such
information;
(3) Not use or disclose Protected Health Information for employment-
related actions and decisions or in connection with any other benefit or
employee benefit plan of the Employer;
(4) Report to the Plan any use or disclosure of the Protected Health
Information of which it becomes aware that is inconsistent with the uses or
disclosures permitted by this Section, or required by law;
(5) Make available Protected Health Information to individual Plan
members in accordance with Section 164.524 of the Privacy Standards;
(6) Make available Protected Health Information for amendment by
individual Plan members and incorporate any amendments to Protected
Health Information in accordance with Section 164.526 of the Privacy
Standards;
26
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(7) Make available the Protected Health Information required to
provide an accounting of disclosures to individual Plan members III
accordance with Section 164.528 of the Privacy Standards;
(8) Make its internal practices, books and records relating to the use
and disclosure of Protected Health Information received from the Plan
available to the Department of Health and Human Services for purposes of
determining compliance by the Plan with the Privacy Standards;
(9) If feasible, return or destroy all Protected Health Information
received from the Plan that the Employer still maintains in any form, and
retain no copies of such information when no longer needed for the
purpose for which disclosure was made, except that, if such return or
destruction is not feasible, limit further uses and disclosures to those
purposes that make the return or destruction of the information infeasible;
and
(10) Ensure the adequate separation between the Plan and members of
the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the
Privacy Standards and set out in (d) above.
11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS
Under the Security Standards for the Protection of Electronic Protected Health
Information (45 CFR Part 164.300 et. seq., the "Security Standards"):
(a) The Employer agrees to implement reasonable and appropriate
administrative, physical and technical safeguards to protect the confidentiality,
integrity and availability of Electronic Protected Health Information that the
Employer creates, maintains or transmits on behalf of the Plan. "Electronic
Protected Health Information" shall have the same definition as set out in the
Security Standards, but generally shall mean Protected Health Information that is
transmitted by or maintained in electronic media.
(b) The Employer shall ensure that any agent or subcontractor to
whom it provides Electronic Protected Health Information shall agree, in writing,
to implement reasonable and appropriate security measures to protect the
Electronic Protected Health Information.
(c) The Employer shall ensure that reasonable and appropriate security
measures are implemented to comply with the conditions and requirements set
forth in Section 11.17.
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IN WITNESS WHEREOF, this Plan document IS hereby executed this
day of ,2008.
13.3 Default. In the event of default, the Trustee, at the direction of the Plan
Administrator, may proceed to collect said loan with any legal remedy available,
including reducing the amount of any distribution permitted under Article VIII by the
amount of any such loan that may be due and owing as of the date of distribution or
any other action that may be permitted by law. "Events of Default" shall include any
failure to make a payment of principal or interest attributable to the loan when due;
failure to perform or to comply with any obligations imposed by any agreement
executed by the Borrower securing his loan obligation; and any other conditions or
requirements set forth within a promissory note or security agreement that may be
required in order to ensure that the terms of the loan are consistent with Commercially
reasonable practices.
IN WITNESS WHEREOF, this Plan has been executed this _ day of
,2008.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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CITY OF CLEARWATER
PREMIUM PAYMENT PLAN
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TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
P ARTICIP A TION
2.1 ELIGIBILITY.....................................................................................................................3
2.2 EFFECTIVE DATE OF PARTICIPATION ......................................................................4
2.3 TERMINATION OF PARTICIPATION ...........................................................................4
2.4 CHANGE OF EMPLOYMENT STATUS.........................................................................4
2.5 TERMINATION OF EMPLOYMENT..............................................................................4
ARTICLE III
CONTRIBUTIONS TO THE PLAN
3.1 EMPLOYER CONTRIBUTION........................................................................................5
3 .2 SALARY REDIRECTION.................................................................................................5
3 .3 APPLICATION OF CONTRIBUTIONS........................................................................... 5
3.4 PERIODIC CONTRIBUTIONS.........................................................................................6
ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS..........................................................................................................6
4.2 HEAL TH INSURANCE BENEFIT...................................................................................6
4.3 DENTAL INSURANCE BENEFIT ...................................................................................7
4.4 CANCER INSURANCE BENEFIT................................. Error! Bookmark not defined.
4.5 VISION INSURANCE BENEFIT..................................... ................................................7
4.6 NONDISCRIMINATION REQUIREMENTS ..................................................................7
ARTICLE V
PAR TICIP ANT ELECTIONS
5.1 INITIAL ELECTIONS....................................................................................................... 8
5.2 SUBSEQUENT ANNUAL ELECTIONS..........................................................................8
5.3 CHANGE IN STATUS ......................................................................................................9
ARTICLE VI
BENEFITS AND RIGHTS
6.1 CLAIM FOR BENEFITS .................................................................................................12
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ARTICLE VII
ADMINISTRATION
7.1 PLAN ADMINISTRATION ............................................................................................12
7.2 EXAMINATION OF RECORDS ....................................................................................13
7.3 PAYMENT OF EXPENSES ............................................................................................13
7.4 INSURANCE CONTROL CLAUSE............................................................................... 13
7.5 INDEMNIFICATION OF ADMINISTRATOR.............................................................. 13
ARTICLE VIII
AMENDMENT OR TERMINATION OF PLAN
8.1 AMENDMENT............................................................................................................... .13
8.2 TERMINATION........................... ................................................. ................................. .14
ARTICLE IX
MISCELLANEOUS
9.1 PLAN INTERPRETATION............................................................................................ .14
9.2 GENDER AND NUMBER. ................................................. ........................................... .14
9.3 WRITTEN DOCUMENT................................................................................................ .14
9.4 EXCLUSIVE BENEFIT.................................................................................................. .14
9.5 PARTICIPANT'S RIGHTS ..............................................................................................14
9.6 ACTION BY THE EMPLOYER .....................................................................................15
9.7 EMPLOYER'S PROTECTIVE CLAUSES .....................................................................15
9.8 NO GUARANTEE OF TAX CONSEQUENCES ...........................................................15
9.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS...................................... 15
9.1 0 FUNDING....................................................................................................................... .16
9.11 GOVERNING LAW....................................................................................................... .16
9.12 SEVERABILITY............................................................................................................. .16
9.13 CAPTIONS...................................................................................................................... .16
9.14 FAMILY AND MEDICAL LEAVE ACT .......................................................................16
9.15 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS
ACT..................................................................................................................................17
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CITY OF CLEARWATER PREMIUM PAYMENT PLAN
INTRODUCTION
The Employer has amended this Plan effective January 1, 2007, to recognize the
contribution made to the Employer by its Employees. Its purpose is to reward them by providing
benefits for those Employees who shall qualify hereunder and their dependents and beneficiaries.
The concept of this Plan is to allow Employees to choose among different types of benefits based
on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was
originally effective on January 1, 1991. The Plan shall be known as City of Clearwater Premium
Payment Plan (the "Plan").
The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within
the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the
benefits which an Employee elects to receive under the Plan be excludable from the Employee's
income under Section 125(a) and other applicable sections of the Internal Revenue Code of
1986, as amended.
ARTICLE I
DEFINITIONS
1.1 "Administrator" means the individual(s) or corporation appointed by the
Employer to carry out the administration of the Plan. The Employer shall be empowered to
appoint and remove the Administrator from time to time as it deems necessary for the proper
administration of the Plan. In the event the Administrator has not been appointed, or resigns from
a prior appointment, the Employer shall be deemed to be the Administrator.
1.2 "Affiliated Employer" means the Employer and any corporation which is a
member of a controlled group of corporations (as defined in Code Section 414(b)) which
includes the Employer; any trade or business (whether or not incorporated) which is under
common control (as defined in Code Section 414(c)) with the Employer; any organization
(whether or not incorporated) which is a member of an affiliated service group (as defined in
Code Section 414(m)) which includes the Employer; and any other entity required to be
aggregated with the Employer pursuant to Treasury regulations under Code Section 414(0).
1.3 "Benefit" means any of the optional benefit choices available to a Participant as
outlined in Section 4.1.
1.4 "Code" means the Internal Revenue Code of 1986, as amended or replaced from
time to time.
1.5 "Compensation" means the dollar amounts received by the Participant from the
Employer during a Plan Year.
1.6 "Dependent" means any individual who qualifies as a dependent under an
Insurance Contract under Code Section 152 (as modified by Code Section 105(b)).
1.7 "Effective Date" means January 1,2007.
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1.8 "Election Period" means the period immediately preceding the beginning of each
Plan Year established by the Administrator, such period to be applied on a uniform and
nondiscriminatory basis for all Employees and Participants. However, an Employee's initial
Election Period shall be determined pursuant to Section 5.1.
1.9 "Eligible Employee" means any Employee who has satisfied the provisions of
Section 2.1. In addition, an individual who meets the requirements of Florida Statutes Chapter
112.0801 shall be eligible to participate in the Plan. However, the following individuals shall not
be eligible to participate in the Plan:
(a) individuals who are not reported on the payroll records of the Employer as
a common law employee. In particular, it is expressly intended that individuals
not treated as common law employees by the Employer on its payroll records are
not "Eligible Employees" and are excluded from Plan participation even if a court
or administrative agency determines that such individuals are common law
employees and not independent contractors.
(b) Employees who are classified on the books and records of the Employer as
part-time, temporary, seasonal or emergency employees.
(c) Employee or former Employee who is not eligible to receive medical
benefits pursuant to a group medical plan sponsored by the Employer.
(d) individuals whose employment is governed by the terms of a collective
bargaining agreement between Employee representatives and the Employer under
which benefits were subject of good faith bargaining agreed that such individuals
were excluded from the Plan.
(e) individuals who are "leased employees" as defined III Code Section
414(n)(2).
1.10 "Employee" means any person who is employed by the Employer.
1.11 "Employer" means City of Clearwater and any successor which shall maintain
this Plan; and any predecessor which has maintained this Plan.
1.12 "Employer Contribution" means the contributions made by the Employer pursuant
to Section 3.1 to enable a Participant to purchase Benefits.
1.13 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as
amended, or any successor statute. It is understood that ERISA does not apply to this Plan.
References to ERISA should be interpreted as descriptive or explanatory and should not be
interpreted as applying ERISA to this Plan.
1.14 "Highly Compensated Employee" means an Employee described in Code Section
414(q) and the regulations thereunder.
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1.15 "Insurance Contract" means any contract issued by an Insurer underwriting a
Benefit.
1.16 "Insurer" means any insurance company that underwrites a Benefit under this
Plan.
1.17 "Key Employee" means an Employee described in Code Section 416(i)(1) and the
regulations thereunder.
1.18 "Participant" means any Eligible Employee who becomes a Participant pursuant
to Section 2.2 and has not for any reason become ineligible to participate further in the Plan.
1.19 "Plan" means this instrument, including all amendments thereto.
1.20 "Plan Year" means the 12-month period beginning January 1 and ending
December 31. The Plan Year shall be the coverage period for the Benefits provided for under
this Plan. In the event a Participant commences participation during a Plan Year, then the initial
coverage period shall be that portion of the Plan Year commencing on such Participant's date of
entry and ending on the last day of such Plan Year.
1.21 "Premium Expenses" or "Premiums" mean the Participant's cost for the Benefits
described in Section 4.1.
1.22 "Salary Redirection" means the contributions made by the Employer on behalf of
Participants pursuant to Section 3.2.
1.23 "Salary Redirection Agreement" means an agreement which is deemed to be
entered into between the Participant and the Employer under which the Participant agrees to
reduce his Compensation or to forego all or part of the increases in such Compensation and to
have such amounts contributed by the Employer to the Plan on the Participant's behalf. The
Salary Redirection Agreement shall apply only to Compensation that has not been actually or
constructively received by the Participant as of the date of the agreement (after taking this Plan
and Code Section 125 into account) and, subsequently does not become currently available to the
Participant.
1.24 "Spouse" means the legally married husband or wife of a Participant, unless
legally separated by court decree.
ARTICLE II
P ARTICIP A TION
2.1 ELIGIBILITY
Any Eligible Employee shall be eligible to participate hereunder as of the date he
satisfies the eligibility conditions as outlined in Section 2.2 of this Plan. However, any Eligible
Employee who was a Participant in the Plan on the effective date of this amendment shall
continue to be eligible to participate in the Plan.
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2.2 EFFECTIVE DATE OF PARTICIPATION
An Eligible Employee shall become a Participant effective as of the entry date
under the Employer's group medical plan, the provisions of which are specifically incorporated
herein by reference, unless such Employee elects, during the Election Period, not to participate in
the Plan.
2.3 TERMINATION OF PARTICIPATION
A Participant shall no longer participate in this Plan upon the occurrence of any of
the following events:
(a) His termination of employment, subject to the provIsIOns of
Section 2.5;
(b) The end of the Plan Year during which he became a limited
Participant because of a change in employment status pursuant to Section 2.4;
(c) His death; or
(d) The termination of this Plan, subject to the provisions of Section
8.2.
2.4 CHANGE OF EMPLOYMENT STATUS
If a Participant ceases to be eligible to partIcIpate because of a change in
employment status or classification (other than through termination of employment), the
Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in
which such change of employment status occurs. As a limited Participant, no further Salary
Redirection may be made on behalf of the Participant, and, except as otherwise provided herein,
all further Benefit elections shall cease, subject to the limited Participant's right to continue
coverage under any Insurance Contracts. Subject to the provisions of Section 2.5, if the limited
Participant later becomes an Eligible Employee, then the limited Participant may again become a
full Participant in this Plan, provided he otherwise satisfies the participation requirements set
forth in this Article II as if he were a new Employee and made an election in accordance with
Section 5.1.
2.5 TERMINATION OF EMPLOYMENT
If a Participant's employment with the Employer is terminated for any reason
other than death, his participation in the Benefit Options provided under Section 4.1 shall cease,
subject to the Participant's right to COBRA
continuation coverage under any Insurance Contract for which premiums have already been paid.
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ARTICLE III
CONTRIBUTIONS TO THE PLAN
3.1 EMPLOYER CONTRIBUTION
The Employer shall make available to each Participant an Employer Contribution
in an amount to be determined by the Employer prior to the beginning of each Plan Year. Each
Participant's Employer Contribution shall be available to purchase Benefits as set forth in Section
4.1. The Employer's Contribution shall be made on behalf of the Participant on a pro rata basis
for each pay period. However, if such Participant fails to elect a Health Insurance Benefit
option, the Employer will automatically purchase an employee-only health insurance benefit for
such Participant whereby the Employer incurs the lowest premium payment expense available to
provide such health insurance benefit.
3 .2 SALARY REDIRECTION
If a Participant's Employer Contribution is not sufficient to cover the total or
entire cost of Benefits or Premium Expenses he elects pursuant to Section 4.1, his Compensation
will be reduced in an amount equal to the difference between the cost of Benefits he elected and
the amount of Employer Contribution available to him, and this shall be the maximum amount of
salary redirection available under this Plan. Such reduction shall be his Salary Redirection,
which the Employer will use on his behalf, together with his Employer Contribution, to pay for
the Benefits he elected. The amount of such Salary Redirection shall be specified in the Salary
Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for
new Participants, the Salary Redirection Agreement shall only be applicable from the first day of
the pay period following the Employee's entry date up to and including the last day of the Plan
Year.
Any Salary Redirection shall be determined prior to the beginning of a Plan Year
(subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period
and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit
election or a Salary Redirection Agreement after the Plan Year has commenced and make a new
election with respect to the remainder of the Plan Year, if both the revocation and the new
election are on account of and consistent with a change in status and such other permitted events
as determined under Article V of the Plan and consistent with the rules and regulations of the
Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis
for each pay period during the Plan Year. All individual Salary Redirection Agreements are
deemed to be part of this Plan and incorporated by reference hereunder.
3.3 APPLICATION OF CONTRIBUTIONS
As soon as reasonably practical after each payroll period, the Employer shall
apply the Employer Contribution and Salary Redirection necessary to provide for the Benefits
elected by the affected Participants.
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3.4 PERIODIC CONTRIBUTIONS
Notwithstanding the requirement provided above and in other Articles of this Plan
that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on
a level and pro rata basis for each payroll period, the Employer and Administrator may
implement a procedure in which Salary Redirections are contributed throughout the Plan Year on
a periodic basis that is not pro rata for each payroll period.
ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS
Each Participant may elect anyone or more of the following optional Benefits:
(1) Health Insurance Benefit
(2) Dental Insurance Benefit
(3) Vision Insurance Benefit
(4) Other Insurance Benefits offered under the Plan
4.2 HEALTH INSURANCE BENEFIT
(a) Each Participant may elect to be covered under a Health Insurance
Contract for the Participant, his or her spouse, and his or her Dependents.
However, if such Participant fails to elect a Health Insurance Benefit option, the
Employer will automatically purchase an employee-only health insurance benefit
for such Participant whereby the Employer incurs the lowest premium payment
expense available to provide such health insurance benefit.
(b) The Employer may select suitable Health Insurance Contracts for
use in providing this health insurance benefit, which policies will provide uniform
benefits for all Participants electing this Benefit.
(c) The rights and conditions with respect to the benefits payable from
such Health Insurance Contract shall be determined therefrom, and such
Insurance Contract shall be incorporated herein by reference.
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4.3 DENTAL INSURANCE BENEFIT
(a) Each Participant may elect to be covered under the Employer's
Dental Insurance Contract. In addition, the Participant may elect either individual
or dependant coverage under such Insurance Contract.
(b) The Employer may select suitable Dental Insurance Contracts for
use in providing this dental insurance benefit, which policies will provide uniform
benefits for all Participants electing this Benefit.
(c) The rights and conditions with respect to the benefits payable from
such Dental Insurance Contract shall be determined therefrom, and such Dental
Insurance Contract shall be incorporated herein by reference.
4.4 VISION INSURANCE BENEFIT
(a) Each Participant may elect to be covered under the Employer's
Vision Insurance Contract. In addition, the Participant may elect either individual
or dependent coverage.
(b) The Employer may select suitable Vision Insurance Contracts for
use in providing this Vision Insurance Benefit, which policies will provide
uniform benefits for all Participants electing this Benefit.
(c) The rights and conditions with respect to the benefits payable from
such Vision Insurance Contract shall be determined therefrom, and such Vision
Insurance Contract shall be incorporated herein by reference.
4.5 OTHER INSURANCE BENEFITS
(a) Employer selects contracts. The Employer may select additional
health or other policies allowed under Code Section 125 or allow the purchase of
additional health or other policies by and for Participants, which policies will
provide uniform benefits for all Participants electing this Benefit.
(b) Contract incorporated by reference. A description of these
Insurance Contracts is attached as Appendix A. The rights and conditions with
respect to the benefits payable from any additional Insurance Contract shall be
determined therefrom, and such Insurance Contract shall be incorporated herein
by reference.
4.6 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Plan to provide benefits to a classification of
employees which the Secretary of the Treasury finds not to be discriminatory in
favor of the group in whose favor discrimination may not occur under Code
Section 125.
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(b) If the Administrator deems it necessary to avoid discrimination or
possible taxation to either a group or groups of employees in whose favor
discrimination may not occur in violation of Code Section 125, it may, but shall
not be required to, reduce contributions or non-taxable Benefits in order to assure
compliance with this Section. Any act taken by the Administrator under this
Section shall be carried out in a uniform and nondiscriminatory manner. If the
Administrator decides to reduce contributions or non-taxable Benefits, it shall be
done in the following manner. First, the non-taxable Benefits of the affected
Participant (an employee who is highly compensated) who has the highest amount
of non-taxable Benefits for the Plan Year shall have his non-taxable Benefits
reduced until the discrimination tests set forth in this Section are satisfied or until
the amount of his non-taxable Benefits equals the non-taxable Benefits of the
affected Participant who has the second highest amount of non-taxable Benefits.
This process shall continue until the nondiscrimination tests set forth in this
Section are satisfied. With respect to any affected Participant who has had
Benefits reduced pursuant to this Section, the reduction shall be made
proportionately among insured Benefits. Contributions which are not utilized to
provide Benefits to any Participant by virtue of any administrative act under this
paragraph shall be forfeited and deposited into the benefit plan surplus.
ARTICLE V
PARTICIPANT ELECTIONS
5.1 INITIAL ELECTIONS
An Employee who meets the eligibility requirements of Section 2.1 on the first
day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such
Plan Year, provided he elects to do so before his effective date of participation pursuant to
Section 2.2. Employees who become eligible after the open enrollment period begins will be
required to elect their benefit options within one week of the date in which they become eligible
to participate in the Plan. Each Participant may elect to be covered under a Health Insurance
Contract for the Participant, his or her spouse, and his or her Dependents. However, if such
Participant fails to elect a Health Insurance Benefit option, the Employer will automatically
purchase an employee-only health insurance benefit for such Participant whereby the Employer
incurs the lowest premium payment expense available to provide such health insurance benefit.
5.2 SUBSEQUENT ANNUAL ELECTIONS
During the Election Period prior to each subsequent Plan Year, each Participant
shall be given the opportunity to modify his election. An Employee who fails to modify his or
her election for the Plan Year following the Election Period shall be deemed to have made the
same election as the prior year and will have to wait until the next Election Period before again
electing to modify his or her election in the Plan, except as provided for in Section 5.3. Each
Participant may elect to be covered under a Health Insurance Contract for the Participant, his or
her spouse, and his or her Dependents. However, if such Participant fails to elect a Health
Insurance Benefit option, the Employer will automatically purchase an employee-only health
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insurance benefit for such Participant whereby the Employer incurs the lowest premium payment
expense available to provide such health insurance benefit.
5.3 CHANGE IN STATUS
(a) Any Participant may change a Benefit election after the Plan Year
(to which such election relates) has commenced and make new elections with
respect to the remainder of such Plan Year if, under the facts and circumstances, the
changes are necessitated by and are consistent with a change in status which is
acceptable under rules and regulations adopted by the Department of the Treasury,
the provisions of which are incorporated by reference. Notwithstanding anything
herein to the contrary, if the rules and regulations conflict with the provisions of this
Plan, then such rules and regulations shall control.
In general, a change in election is not consistent if the change in status is the
Participant's divorce, annulment or legal separation from a spouse, the death of a
spouse or dependent, or a dependent ceasing to satisfy the eligibility requirements
for coverage, and the Participant's election under the Plan is to cancel accident or
health insurance coverage for any individual other than the one involved in such
event. If the Participant's spouse or dependent loses eligibility for coverage, then a
Participant's election under the Plan will decrease coverage for that individual under
the Plan. In addition, if the Participant's spouse or dependent gains eligibility for
coverage, then a Participant's election under the Plan for coverage will increase for
that individual under the Plan.
Regardless of the consistency requirement, if the individual, the individual's
spouse, or dependent becomes eligible for continuation coverage under the
Employer's group health plan as provided in Public Health Service Act (42 USC
300bb-1 et. seq.) or any similar state law, then the individual may elect to increase
payments under this Plan in order to pay for the continuation coverage. However,
this does not apply for COBRA eligibility due to divorce, annulment or legal
separation.
Any new election shall be effective at such time as the Administrator shall
prescribe, but not earlier than the first pay period beginning after the election is
properly executed in accordance with the procedures established by the
Administrator. For the purposes of this subsection, a change in status shall only
include the following events or other events permitted by Treasury regulations:
(1) Legal Marital Status: events that change a Participant's legal
marital status, including marriage, divorce, death of a spouse, legal
separation or annulment;
(2) Number of Dependents: Events that change a Participant's number
of dependents, including birth, adoption, placement for adoption, or death of
a dependent;
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(3) Employment Status: Any of the following events that change the
employment status of the Participant, spouse, or dependent: termination or
commencement of employment, a strike or lockout, commencement or
return from an unpaid leave of absence, or a change in worksite. In addition,
if the eligibility conditions of this Plan or other employee benefit plan of the
Employer of the Participant, spouse, or dependent depend on the
employment status of that individual and there is a change in that
individual's employment status with the consequence that the individual
becomes (or ceases to be) eligible under the plan, then that change
constitutes a change in employment under this subsection;
(4) Dependent satisfies or ceases to satisfy the eligibility requirements:
An event that causes the Participant's dependent to satisfy or cease to satisfy
the requirements for coverage due to attainment of age, student status, or
any similar circumstance; and
(5) Residency: A change in the place of residence of the Participant,
spouse or dependent, that would lead to a change in status (such as a loss of
HMO coverage).
(b) Notwithstanding subsection (a), the Participants may change an
election for health coverage during a Plan Year and make a new election that
corresponds with the special enrollment rights provided in American Health
Insurance Portability and Accountability Act of 1996 ("HIP AA"). Such change
shall take place on a prospective basis, unless retroactive coverage is both
permitted by HIP AA and elected by the participant. An election for prospective
coverage shall be effective either as of the date the Plan Administrator is notified
of the special enrollment event or the 1 st day of the month following the date of
the special enrollment event, at the Participant's direction. An election for
retroactive coverage shall be effective as of the day of the special enrollment
event. Payment for prospective or retroactive coverage shall be made in
accordance with procedures established by the administrator in a uniform and
nondiscriminatory manner.
( c) Notwithstanding subsection (a), in the event of a judgment, decree,
or order ("order") resulting from a divorce, legal separation, annulment, or change
in legal custody which requires accident or health coverage for a Participant's
child (including a foster child who is a dependent of the Participant):
(1) The Plan may change a Participant's election to provide coverage
for the child if the order requires coverage under the Participant's plan; or
(2) The Participant shall be permitted to change an election to cancel
coverage for the child if the order requires the former spouse to provide
coverage for such child, under that individual's plan if verification of such
coverage is actually provided to the Administrator.
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(d) If the cost of a Benefit provided under the Plan increases or
decreases during a Plan Year, then the Plan shall automatically increase or
decrease, as the case may be, the Salary Redirections of all affected Participants
for such Benefit. Alternatively, if the cost of a benefit package option increases
significantly, the Administrator shall permit the affected Participants to either
make corresponding changes in their payments or revoke their elections and, in
lieu thereof, receive on a prospective basis coverage under another benefit
package option with similar coverage, or drop coverage prospectively if there is
no benefit package option with similar coverage.
A cost increase or decrease refers to an increase or decrease in the amount
of elective contributions under the Plan, whether resulting from an action taken by
the Employer or the insurer.
If the coverage under a Benefit is significantly curtailed or ceases during a
Plan Year, affected Participants may revoke their elections of such Benefit and, in
lieu thereof, elect to receive on a prospective basis coverage under another plan
with similar coverage, or drop coverage prospectively if no similar coverage is
offered.
If, during the period of coverage, a new benefit package option or other
coverage option is added, an existing benefit package option is significantly
improved, or an existing benefit package option or other coverage option is
eliminated, then the affected Participants may elect the newly-added option, or
elect another option if an option has been eliminated prospectively and make
corresponding election changes with respect to other benefit package options
providing similar coverage. In addition, those Eligible Employees who are not
participating in the Plan may opt to become Participants and elect the new or
newly improved benefit package option.
A Participant may make a prospective election change to add group health
coverage for the Participant, the Participant's spouse or dependent if such
individual loses group health coverage sponsored by a governmental or
educational institution, including a state children's health insurance program
under the Social Security Act, the Indian Health Service or a health program
offered by an Indian tribal government, a state health benefits risk pool, or a
foreign government group health plan.
A Participant may make a prospective election change that is on account
of and corresponds with a change made under the plan of a spouse's, former
spouse's or dependent's employer if (1) the cafeteria plan or other benefits plan of
the spouse's, former spouse's or dependent's employer permits its participants to
make a change; or (2) the cafeteria plan permits participants to make an election
for a period of coverage that is different from the period of coverage under the
cafeteria plan of a spouse's, former spouse's or dependent's employer.
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ARTICLE VI
BENEFITS AND RIGHTS
6.1 CLAIM FOR BENEFITS
(a) Any claim for Benefits underwritten by Insurance Contract(s) shall
be made to the Insurer. If the Insurer denies any claim, the Participant or
beneficiary shall follow the Insurer's claims review procedure.
ARTICLE VII
ADMINISTRA TION
7.1 PLAN ADMINISTRATION
The operation of the Plan shall be under the supervision of the Administrator. It
shall be a principal duty of the Administrator to see that the Plan is carried out in accordance
with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The
Administrator shall have full power to administer the Plan in all of its details, subject, however,
to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be
limited to the following authority, in addition to all other powers provided by this Plan:
(a) To make and enforce such rules and regulations as the
Administrator deems necessary or proper for the efficient administration of the
Plan;
(b) To interpret the Plan, the Administrator's interpretations thereof in
good faith to be final and conclusive on all persons claiming benefits by operation
of the Plan;
(c) To decide all questions concerning the Plan and the eligibility of
any person to participate in the Plan and to receive benefits provided by operation
of the Plan;
(d) To reject elections or to limit contributions or Benefits for certain
highly compensated participants if it deems such to be desirable in order to avoid
discrimination under the Plan in violation of applicable provisions of the Code;
(e) To provide Employees with a reasonable notification of their
benefits available by operation of the Plan;
(f) To appoint such agents, counsel, accountants, consultants, and
actuaries as may be required to assist in administering the Plan.
Any procedure, discretionary act, interpretation or construction taken by the
Administrator shall be done in a nondiscriminatory manner based upon uniform principles
consistently applied and shall be consistent with the intent that the Plan shall continue to comply
with the terms of Code Section 125 and the Treasury regulations thereunder.
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Attachment number 3
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7.2 EXAMINATION OF RECORDS
The Administrator shall make available to each Participant, Eligible Employee
and any other Employee of the Employer such records as pertain to their interest under the Plan
for examination at reasonable times during normal business hours.
7.3 PAYMENT OF EXPENSES
Any reasonable administrative expenses shall be paid by the Employer unless the
Employer determines that administrative costs shall be borne by the Participants under the Plan
or by any Trust Fund which may be established hereunder. The Administrator may impose
reasonable conditions for payments, provided that such conditions shall not discriminate in favor
of highly compensated employees.
7.4 INSURANCE CONTROL CLAUSE
In the event of a conflict between the terms of this Plan and the terms of an
Insurance Contract of an independent third party Insurer whose product is then being used in
conjunction with this Plan, the terms of the Insurance Contract shall control as to those
Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance
Contract shall control in defining the persons eligible for insurance, the dates of their eligibility,
the conditions which must be satisfied to become insured, if any, the benefits Participants are
entitled to and the circumstances under which insurance terminates.
7.5 INDEMNIFICATION OF ADMINISTRATOR
The Employer agrees to indemnify and to defend to the fullest extent permitted by
law any Employee serving as the Administrator or as a member of a committee designated as
Administrator (including any Employee or former Employee who previously served as
Administrator or as a member of such committee) against all liabilities, damages, costs and
expenses (including attorney's fees and amounts paid in settlement of any claims approved by the
Employer) occasioned by any act or omission to act in connection with the Plan, if such act or
omission is in good faith.
ARTICLE VIII
AMENDMENT OR TERMINATION OF PLAN
8.1 AMENDMENT
The Employer, at any time or from time to time, may amend any or all of the
provisions of the Plan without the consent of any Employee or Participant. No amendment shall
have the effect of modifying any benefit election of any Participant in effect at the time of such
amendment, unless such amendment is made to comply with Federal, state or local laws, statutes
or regulations.
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8.2 TERMINATION
The Employer is establishing this Plan with the intent that it will be maintained
for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right
to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no
further contributions shall be made. Benefits under any Insurance Contract shall be paid in
accordance with the terms of the Insurance Contract.
ARTICLE IX
MISCELLANEOUS
9.1 PLAN INTERPRETATION
All provisions of this Plan shall be interpreted and applied in a uniform,
nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as
provided in Section 9.12.
9.2 GENDER AND NUMBER
Wherever any words are used herein in the masculine, feminine or neuter gender,
they shall be construed as though they were also used in another gender in all cases where they
would so apply, and whenever any words are used herein in the singular or plural form, they
shall be construed as though they were also used in the other form in all cases where they would
so apply.
9.3 WRITTEN DOCUMENT
This Plan, in conjunction with any separate written document which may be
required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any
Treasury regulations thereunder relating to cafeteria plans.
9.4 EXCLUSIVE BENEFIT
This Plan shall be maintained for the exclusive benefit of the Employees who
participate in the Plan.
9.5 PARTICIPANT'S RIGHTS
This Plan shall not be deemed to constitute an employment contract between the
Employer and any Participant or to be a consideration or an inducement for the employment of
any Participant or Employee. Nothing contained in this Plan shall be deemed to give any
Participant or Employee the right to be retained in the service of the Employer or to interfere
with the right of the Employer to discharge any Participant or Employee at any time regardless of
the effect which such discharge shall have upon him as a Participant of this Plan.
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9.6 ACTION BY THE EMPLOYER
Whenever the Employer under the terms of the Plan is permitted or required to do
or perform any act or matter or thing, it shall be done and performed by a person duly authorized
by its legally constituted authority.
9.7 EMPLOYER'S PROTECTIVE CLAUSES
(a) Upon the failure of either the Participant or the Employer to obtain
the insurance contemplated by this Plan (whether as a result of negligence, gross
neglect or otherwise), the Participant's Benefits shall be limited to the insurance
premium(s), if any, that remained unpaid for the period in question and the actual
insurance proceeds, if any, received by the Employer or the Participant as a result
of the Participant's claim.
(b) The Employer shall not be responsible for the validity of any
Insurance Contract issued hereunder or for the failure on the part of the Insurer to
make payments provided for under any Insurance Contract. Once insurance is
applied for or obtained, the Employer shall not be liable for any loss which may
result from the failure to pay Premiums to the extent Premium notices are not
received by the Employer.
9.8 NO GUARANTEE OF TAX CONSEQUENCES
Neither the Administrator nor the Employer makes any commitment or guarantee
that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from
the Participant's gross income for federal or state income tax purposes, or that any other federal
or state tax treatment will apply to or be available to any Participant. It shall be the obligation of
each Participant to determine whether each payment under the Plan is excludable from the
Participant's gross income for federal and state income tax purposes, and to notify the Employer
if the Participant has reason to believe that any such payment is not so excludable.
Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally
enforceable.
9.9 INDEMNIFICATION OF EMPLOYER BY P ARTICIP ANTS
If any Participant receives one or more payments or reimbursements under the
Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the
Employer for any liability it may incur for failure to withhold federal or state income tax or
Social Security tax from such payments or reimbursements. However, such indemnification and
reimbursement shall not exceed the amount of additional federal and state income tax (plus any
penalties) that the Participant would have owed if the payments or reimbursements had been
made to the Participant as regular cash compensation, plus the Participant's share of any Social
Security tax that would have been paid on such compensation, less any such additional income
and Social Security tax actually paid by the Participant.
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9.10 FUNDING
Unless otherwise required by law, contributions to the Plan need not be placed in
trust or dedicated to a specific Benefit, but may instead be considered general assets of the
Employer until the Premium Expense required under the Plan has been paid. Furthermore, and
unless otherwise required by law, nothing herein shall be construed to require the Employer or
the Administrator to maintain any fund or segregate any amount for the benefit of any
Participant, and no Participant or other person shall have any claim against, right to, or security
or other interest in, any fund, account or asset of the Employer from which any payment under
the Plan may be made.
9.11 GOVERNING LAW
This Plan is governed by the Code and the Treasury regulations issued thereunder
(as they might be amended from time to time). In no event shall the Employer guarantee the
favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the
provisions of this Plan shall be construed, enforced and administered according to the laws of the
State of Florida.
9.12 SEVERABILITY
If any provision of the Plan is held invalid or unenforceable, its invalidity or
unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed
and enforced as if such provision had not been included herein.
9.13 CAPTIONS
The captions contained herein are inserted only as a matter of convenience and for
reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in
any way shall affect the Plan or the construction of any provision thereof.
9.14 FAMILY AND MEDICAL LEAVE ACT
If a Participant initiates an FMLA Leave, he may revoke an existing election of
any accident or health plan coverage and make such other election for the remaining portion of
the coverage period as may be provided for under FMLA and in accordance with this Section,
but such Participant must continue to maintain, at least, individual coverage in the group medical
insurance plan.
In the event that any Participant takes an FMLA Leave, then such Participant shall
be entitled to continue participation in this Plan, or to be subsequently reinstated as a Participant
in this Plan, in accordance with the requirements of the Family and Medical Leave Act (or any
applicable state law that provides more generous family or medical leave ).
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9.15 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
Notwithstanding any provision of this Plan to the contrary, contributions, benefits
and service credit with respect to qualified military service shall be provided in accordance with
USERRA and the regulations thereunder.
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Page 21 of 21
IN WITNESS WHEREOF, this Plan document IS hereby executed this
day of ,2008.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 7
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Second Restatement of the City of Clearwater Money Pension Purchase Plan document and pass Ordinance 8017 -08 on
first reading.
SUMMARY:
The City 401(a) Money Purchase Pension Plan ("MPPP") has been restated and amended a number of times since its inception in
1997. A review of the plan by the City's external tax attorneys from the firm of Gray-Robinson has resulted in a recommendation for
the adoption of a second restatement of the plan, incorporating all prior amendments and restatements into one document and revising
the layout and terminology of the plan in a way that will facilitate administration of the plan. In addition, the Plan has been amended to
reflect recent changes in Final Treasury Regulations under the Internal Revenue Code Section 415 governing maximum contribution
limits regarding such plans. There is no additional budget impact associated with this request.
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk
Cover Memo
Item # 8
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Attachment number 1
,O\J" VI-.lV
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
SECOND RESTATEMENT
Item # 8
Attachment number 1
Page 2 of 38
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
ARTICLE I Defi nitions ............................................................................................................... 2
1.1 "Account" or "Accounts".......................................................................................... 2
1.2 "Adm i nistrator".......................................................................................................... 2
1.3 "Anniversary Date".................................................................................................... 2
1.4 "Annual Additions".................................................................................................... 2
1.5 "Code". ....................................................................................................................... 2
1.6 "Compensation" ........................................................................................................ 2
1.7 "Di rected I nvestment Fund". ....................................................................................3
1.8 "Effective Date". .......................... ..................................................... ............... ..........3
1.9 "Em ployee". ............................................................................................................... 3
1.1 0 "Employer". ............ ........................................................................ ............... .............3
1.11 "Employer Contribution Account" and "Employee Contribution Account". .........3
1.12 [This section intentionally left blank.] ......................................................................3
1.13 "Lim itation Year". ...................................................................................................... 3
1.14 "Normal Reti rement Date"......................................................................................... 3
1.15 "Partici pant"............................................................................................................... 3
1.16 "Plan" ......................................................................................................................... 3
1.17 "Plan Adm i nistrator". ................................................................................................4
1.18 "Plan Year".................................................................................................................4
1.19 "Pooled I nvestment Fund"........................................................................................ 4
1.20 "Rollover Contri bution Account" ...........................................................................4
1.21 "Section 415 Compensation" ....................................................................................4
1.22 "Segregated Investment Fund". ...............................................................................4
1.23 "Trust". .......................................................................................................................4
1.24 "Trust Agreement".....................................................................................................4
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1.25 "Trustee". ...................................................................................................................4
1.26 "Trust Fund". .............................................................................................................4
1.27 "Val uation Date". .......................................................................................................4
1.28 "Val uation Period". ............ ................................................................... ............... ......4
ARTICLE II Establishment and Name of the Plan ...................................................................5
2.1 Name of Plan. ...........................................................................................................5
2.2 Excl usive Benefit. .................................................................................................... 5
2.3 Mistake of Fact........................................................................................................... 5
2.4 Partici pants' Rights. ................................................................................................ 5
2.5 Qual ified Plan. .......................................................................................................... 5
ARTICLE III Plan Adm i nistrator................................................................................................ 6
3.1 Administration of the Plan. .......................................................................................6
3.2 Powers and Duties..................................................................................................... 6
3.3 Di rection of Trustee................................................................................................... 7
3.4 Confl ict in Terms....................................................................................................... 7
3.5 Fi nal Authority........................................................................................................... 7
3.6 Appointment of Advisors and Delegation of Duties................................................ 7
ARTICLE IV EI igi bi I ity and Partici pation.................................................................................. 8
4.1 Eligibility and Participation ......... ............................................................... ............... 8
4.2 Former Em ployees .................................................................................................... 8
4.3 Change of EI igi bi I ity Status...................................................................................... 8
4.4 Mil itary Service.......................................................................................................... 8
ARTICLE V Contri buti ons to the Trust.................................................................................... 9
5.1 Em ployer Contri butions. ........................................................................................... 9
5.2 Form and Ti m i ng of Contri butions ...........................................................................9
5.3 Rollover Contri butions.............................................................................................. 9
5.4 No Duty to Inquire...................................................................................................... 9
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II
Item # 8
Attachment number 1
Page 4 of 38
ARTICLE VI Participants' Accounts and Allocation of Contributions .................................10
6.1 Common Fund. ........................................................................................................ 1 0
6.2 Establishment of Accounts.....................................................................................10
6.3 Interests of Participants ........................................................................... ...............10
6.4 Adjustments to Accounts .......................................................................................10
6.5 Limitation on Allocation of Contributions..............................................................11
ARTICLE VII Benefits Under The Plan ...................................................................................13
7.1 Reti rement Benefit................................................................................................... 13
7.2 Termi nation of Em ployment Benefit....................................................................... 13
7.3 Death Benefit ................. .................................................................. ............... .........13
ARTICLE VIII Form And Payment Of Benefits....................................................................... 15
8.1 Ti m i ng and Form. .................................................................................................... 15
8.2 Manner of Payment.................................................................................................. 20
8.3 Lump Sum Payment ................................................................................................21
8.4 Periodi c Adjustments.............................................................................................. 21
8.5 Location of Participant or Beneficiary Unknown...................................................21
8.6 Transfer to Other Qualified Plans........................................................................... 21
8.7 Di rect Rollovers. ...................................................................................................... 22
8.8 Withdrawals from Rollover Contribution Accounts ..............................................23
8.9 Withdrawals from Employer and Employee Mandatory Contribution Accounts.23
ARTICLE IX Trust Fund And Expenses Of Administration ..................................................24
9.1 Name of Trustee ......................................................................................................24
9.2 Expenses of Administration. ..................................................................................24
ARTICLE X Amendment And Term i nation............................................................................ 25
10.1 Restrictions on Amendment and Termination of Plan ..........................................25
10.2 Amendment of Plan................................................................................................. 25
10.3 Termination of Plan .......... ...................................................................... .................25
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III
Item # 8
Attachment number 1
Page 5 of 38
10.4 Termi nation Procedure........................................................................................... 25
ARTICLE XI Participant Direction Of Account Investment...................................................26
11.1 Participant Directed Investments ...........................................................................26
11.2 Election Procedures................................................................................................ 26
11.3 Fai I ure to Designate................................................................................................ 26
11.4 Charges and Credits................................................................................................ 26
11.5 Proced u res............................................................................................................... 27
ARTICLE XII Miscellaneous.................................................................................................... 28
12.1 AI ienation ................................................................................................................. 28
12.2 Governi ng Law......................................................................................................... 28
12.3 Gender...................................................................................................................... 28
12.4 Forfeiture of Benefits for Specified Offenses. .......................................................28
12.5 Clai ms Procedures. ................................................................................................. 29
ARTICLE XIII Loans To Partici pants...................................................................................... 31
13.1 A vai labi I ity of Loans................................................................................................ 31
13.2 Ti me and Manner of Repayment............................................................................. 32
13.3 Default...................................................................................................................... 337
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IV
Item # 8
Attachment number 1
Page 6 of 38
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
THE CITY OF CLEARWATER, FLORIDA (the "Employer") hereby restates this
money purchase pension plan, a tax-qualified defined contribution plan this day
of , 2008, to provide supplementary retirement and other benefits for
certain eligible employees.
W 11 N E SSE I H:
WHEREAS, the Employer desires to provide for the retirement of certain
Employees employed by the Employer by establishing a money purchase pension plan
for those Employees who now or may hereafter qualify for participation therein;
WHEREAS, the Employer desires to amend the Plan to comply with legislative
changes; and
WHEREAS, the Plan may be amended by the Employer pursuant to Section 9.02
thereof.
NOW, THEREFORE, in consideration of the premises, it is agreed as follows:
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ARTICLE I
DEFINITIONS
1.1 "Account" or "Accounts" shall mean a Participant's Employer
Contribution Account, Rollover Account andlor such other accounts as may be
established by the Plan Administrator.
1.2 "Administrator" shall mean the Plan Administrator.
1.3 "Anniversary Date" shall mean December 31 of each Plan Year.
1.4 "Annual Additions" shall mean, for any Limitation Year, the sum of:
(a) the amount of Employer contributions allocated to the Participant
during any Limitation Year under any qualified defined contribution plan
maintained by the Employer;
(b) the amount of the Employee's contributions (other than rollover
contributions, if any) to any qualified defined contribution plan maintained by the
Employer;
(c) any forfeitures allocated to the Participant under any qualified
defined contribution plan maintained by the Employer; or
(d) amounts allocated to an individual medical account, as defined in
Section 415(1)(2) of the Code that is part of a pension or annuity plan maintained
by the Employer, and amounts derived from contributions that are attributable to
medical benefits under a welfare benefit plan (as defined in Section 419(e) of the
Code) maintained by the Employer; provided, however, the percentage limitation
set forth in Section 415(c)(1)(B) of the Code shall not apply to: (A) any
contribution for medical benefits (within the meaning of Section 419A(f)(2) of the
Code) after separation from service which is otherwise treated as an "Annual
Addition," or (2) any amount otherwise treated as an "Annual Addition" under
Section 415(1)(1) of the Code.
1.5 "Code" shall mean the Internal Revenue Code of 1986, as amended, or
any successor statute. Reference to a specific section of the Code shall include a
reference to any successor provision.
1.6 "Compensation"
(a) "Compensation" shall mean the regular salaries and wages,
bonuses, overtime pay, holiday time, accrued vacation, sick pay, and severance
pay paid by the Employer during the Plan Year reportable as W-2 wages for
Federal income tax withholding purposes, Employee contributions designated as
employer contributions under Section 414(h) of the Code, and elective
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Item # 8
Attachment number 1
Page 8 of 38
contributions made during the Plan Year on behalf of a Participant to a Plan
described in Section 125 or 457 of the Code, but shall not include any other type
of cash or non-cash remuneration, including, but not limited to disability
payments, amounts paid by the Employer to a Plan described in Section 125,
132(f)(4), 402(e)(3) or 457(b) of the Code, credits or benefits under this Plan, any
amount contributed to any pension, employee welfare, life insurance or health
insurance plan or arrangement, or any other fringe benefits, welfare benefits, or
deferred compensation.
(b) No Compensation in excess of the limit under Section 401 (a)(17) of
the Code (adjusted under such regulations as may be issued by the Secretary of
the Treasury) shall be taken into account for any Employee. If a Plan Year
consists of fewer than 12 months, the Compensation limit will be multiplied by a
fraction, the numerator of which is the number of months in the Plan Year, and
the denominator of which is 12.
1.7 "Directed Investment Fund" shall mean an investment fund established
pursuant to Article XI for purposes of investing Participants' Accounts.
1.8 "Effective Date" of this Plan shall mean January 1, 2008, except as may
otherwise be noted herein.
1.9 "Employee" shall mean any person actively employed by the Employer in
the position of City Manager, City Attorney, Assistant City Attorney and all management
contract employees, who are not participants in the City of Clearwater Employees'
Pension Fund, a defined benefit pension plan, excluding temporary employees.
1.10 "Employer" shall mean the City of Clearwater, Florida.
1.11 "Employer Contribution Account" and "Employee Contribution
Account" shall mean an account established pursuant to Section 6.2 with respect to
Employer contributions and Employee contributions made pursuant to Article V.
1.12 [This section intentionally left blank.]
1.13 "Limitation Year" shall mean the Plan Year.
1.14 "Normal Retirement Date" shall mean the date on which a Participant has
reached the age of 55.
1.15 "Participant" shall mean any eligible Employee of the Employer who has
become a Participant under the Plan. Participant shall include any former employee of
the Employer who became a Participant under the Plan and who still has a balance in an
Account under the Plan.
1.16 "Plan" shall mean the City of Clearwater Money Purchase Pension Plan, a
tax-qualified defined contribution plan, as herein set forth, as it may be amended from
time to time.
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1.17 "Plan Administrator" shall mean the Employer or the person or persons
appointed by the Employer pursuant to Article III hereof.
1.18 "Plan Year" shall mean the period beginning June 23, 1997 and ending
December 31, 1997; thereafter, the 12-month period beginning on January 1 and ending
on the following December 31 of each year.
1.19 "Pooled Investment Fund" shall mean a Directed Investment Fund
established under Article XI, the combined assets of which shall consist of the common
investments of all Participants selecting the Directed Investment Fund.
1.20 "Rollover Contribution Account" shall mean an account established
pursuant to Section 6.2 with respect to rollover contributions made pursuant to Article V.
1.21 "Section 415 Compensation" shall mean all compensation as described in
Section 1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations.
1.22 "Segregated Investment Fund" shall mean a Directed Investment Fund
established under Article XI, in which the assets of each Participant selecting the Directed
Investment Fund shall be separately invested, and for which the earnings attributable to
such assets shall be separately accounted.
1.23 "Trust" shall mean the trust established by the Trust Agreement.
1.24 "Trust Agreement" shall mean the agreement providing for the Trust Fund,
as it may be amended from time to time.
1.25 "Trustee" shall mean the individual, individuals or corporation designated
as trustee under the Trust Agreement.
1.26 "Trust Fund" shall mean the trust fund established under the Trust
Agreement from which the benefits provided for by the Plan are to be paid or funded.
1.27 "Valuation Date" shall mean December 31 of each year and each day
securities are traded on a national stock exchange, except regularly scheduled holidays
of the Employer or the Trustee, or such other date as may be selected by the Plan
Adm inistrator.
1.28 "Valuation Period" shall mean the period beginning with the first day after
a Valuation Date and ending with the next Valuation Date; provided, however, that the
first Valuation Period shall begin on the Effective Date of the Plan.
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ARTICLE II
ESTABLISHMENT AND NAME OF THE PLAN
2.1 Name of Plan. A tax-qualified defined contribution plan is hereby
established in accordance with the terms hereof and shall be known as the "CITY OF
CLEARWATER MONEY PURCHASE PENSION PLAN."
2.2 Exclusive Benefit. This Plan is created for the sole purpose of providing
benefits to the Participants. Except as otherwise permitted by law, in no event shall any
part of the principal or income of the Trust be paid to or reinvested in the Employer or be
used for or diverted to any purpose whatsoever other than for the exclusive benefit of the
Participants and their beneficiaries.
2.3 Mistake of Fact. Notwithstanding the foregoing provisions of Section 2.2,
any contribution made by the Employer to this Plan by a mistake of fact may be returned
to the Employer within one year after the payment of the contribution.
2.4 Participants' Rights. The establishment of this Plan shall not be
considered as giving any Employee, or any other person, any legal or equitable right
against the Employer, the Trustee or the principal or the income of the Trust, except to
the extent otherwise provided by law. The establishment of this Plan shall not be
considered as giving any Employee, or any other person, the right to be retained in the
employ of the Employer.
2.5 Qualified Plan. This Plan and the Trust are intended to qualify under the
Code as a tax-qualified employees' plan and trust, and the provisions of this Plan and the
Trust are to be interpreted accordingly.
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ARTICLE III
PLAN ADMINISTRATOR
3.1 Administration of the Plan.
(a) The Plan Administrator shall control and manage the operation and
administration of the Plan, except with respect to investments. The Plan
Administrator shall have no duty with respect to the investments to be made of
the funds in the Trust except as may be expressly assigned to it by the terms of
the Trust Agreement and except to the extent that the Plan Administrator
determines the investment funds which will be made available under the Plan in
accordance with Article XI hereof.
(b) (1) The Employer may appoint a committee to assist in the
administration of the Plan, which shall serve at the pleasure of the Employer. All
usual and reasonable expenses of the committee may be paid in whole or part by
the Employer, and any expenses not paid by the Employer shall be paid from the
Trust Fund. Any members of the committee who are employees of the City shall
not receive compensation with respect to their services for the committee.
(2) The committee must act at a publicly noticed meeting. The
committee may elect one of its members as chairman,
appoint a secretary, who mayor may not be a committee
member, and advise the Trustee of its actions in writing. The
secretary shall keep a record of all meetings and forward
necessary communications to the Employer or the Trustee.
The committee may adopt such by-laws and regulations as it
deems desirable for the conduct of its affairs. All decisions of
the committee shall be made by a vote of the majority,
including actions taken in writing without a meeting.
(3) The committee and the individual members thereof shall be
indemnified by the Employer (and not from the Trust Fund)
against any and all liabilities arising by reason of any act or
failure to act made in good faith pursuant to the provisions of
the Plan, including expenses reasonably incurred in the
defense of any claim relating thereto.
3.2 Powers and Duties.
(a) The Plan Administrator shall have complete control over the
administration of the Plan herein embodied, with all powers necessary to enable
it to carry out its duties in that respect. Not in limitation, but in amplification of the
foregoing, the Plan Administrator shall have the power and discretion to interpret
or construe this Plan and to determine all questions that may arise as to the
status and rights of the Participants and others hereunder.
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(b) The Plan Administrator may promulgate such policies and make
such rules and regulations for the proper administration of the Plan as it deems
necessary.
3.3 Direction of Trustee. It shall be the duty of the Plan Administrator to direct
the Trustee with regard to the distribution of benefits to the Participants and others
hereunder.
3.4 Conflict in Terms. The Plan Administrator shall notify each Employee, in
writing, as to the existence of the Plan and Trust and the basic provisions thereof. In the
event of any conflict between the terms of this Plan and the Trust Agreement and as set
forth in any explanatory booklet, this Plan and the Trust Agreement shall control.
3.5 Final Authority. Except to the extent otherwise required by law, the
decision of the Plan Administrator in matters within its jurisdiction shall be final, binding
and conclusive upon each Employee and beneficiary and every other interested or
concerned person or party.
3.6 Appointment of Advisors and Delegation of Duties.
(a) The Plan Administrator may appoint such accountants, counsel,
specialists and other persons that it deems necessary and desirable in
connection with the administration of this Plan.
(b) The Plan Administrator may designate one or more of its
employees to perform the duties required of the Plan Administrator hereunder.
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ARTICLE IV
ELIGIBILITY AND PARTICIPATION
4.1 Eligibility and Participation. Any Employee employed by the Employer in
the position of City Manager or City Attorney shall become a Participant in the Plan on the
Effective Date. Each other eligible Employee shall enter the Plan as a Participant on his
date of employment.
4.2 Former Employees. An Employee who ceases to be a Participant,
terminates employment and is reemployed by the Employer shall be eligible again to
become a Participant on the date of his reemployment.
4.3 Change of Eligibility Status. In the event a change of job classification
results in a Participant no longer qualifying as an eligible Employee, such Employee shall
cease to be an active Participant as of the effective date of such change of job
classification but the Employee shall not be deemed to have terminated employment with
the Employer for purposes of this Plan.
4.4 Military Service. Notwithstanding any provision of this Plan to the contrary,
contributions, benefits and service credit with respect to qualified military service will be
provided in accordance with Section 414(u) of the Code.
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ARTICLE V
CONTRIBUTIONS TO THE TRUST
5.1 Employer Contributions.
(a) Employer Contributions. For each Plan Year, the Employer shall
contribute to the Trust on behalf of each Participant employed by the Employer
an amount equal to: 15% of Compensation on behalf of the City Manager and the
City Attorney; 14% of Compensation on behalf of the Chief of Police; and 8% of
Compensation on behalf of management contract employees (excluding the
Chief of Police) and Assistant City Attorneys. The Employer will make bi-weekly
contributions to the Trust throughout the Plan Year to meet its funding obligations
under the Plan.
(b) Employee Mandatory Contributions. For each Plan Year, the City
Manager and the City Attorney shall contribute an amount equal to 2% of
Compensation and the Chief of Police shall contribute an amount equal to 6% of
Compensation bi-weekly to the Trust. The mandatory contributions made by
employees under the Plan shall be designated as employer contributions
pursuant to Section 414(h) of the Code. Such designation is contingent upon the
contributions being excluded from the Employees' gross income for federal
income tax purposes. For all other purposes of the Plan, such contributions shall
be considered employee contributions.
(c) Vesting. All Participants shall be immediately 100% vested in all
contributions made pursuant to this Section.
5.2 Form and Timing of Contributions. Payments on account of the
contributions due from the Employer for any Plan Year shall be made in cash. Such
payments may be made by the Employer at any time.
5.3 Rollover Contributions. With the consent of the Plan Administrator and in
such manner as prescribed by the Plan Administrator, the Trustee may accept a rollover
contribution (as defined in the applicable sections of the Code, except that for this
purpose "rollover contribution" shall be deemed to include both a direct payment from an
Employee and a direct transfer from a trustee of another qualified plan in which an
Employee is or was a participant). Rollover amounts shall be allocated to the Employee's
Rollover Contribution Account and invested in accordance with the provisions of Article
XI. The Trustee shall not accept a rollover contribution that is subject to the requirements
of Sections 401 (a)(11) and 417 of the Code.
5.4 No Duty to Inquire. The Trustee shall have no right or duty to inquire into
the amount of any contribution made by the Employer or the method used in determining
the amount of any such contribution, or to collect the same, but the Trustee shall be
accountable only for funds actually received by it.
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ARTICLE VI
PARTICIPANTS' ACCOUNTS AND ALLOCATION OF CONTRIBUTIONS
6.1 Common Fund. The assets of the Trust shall constitute a common fund in
which each Participant shall have an undivided interest.
6.2 Establishment of Accounts. The Plan Administrator shall establish and
maintain with respect to each Participant such accounts as necessary to reflect the
Participant's interest in the Trust Fund with respect to contributions made by the
Employer, the Employee and a Rollover Contribution Account to reflect the Participant's
interest in the Trust Fund with respect to employer, employee and rollover contributions.
The Plan Administrator may establish such additional accounts as are necessary to
reflect a Participant's interest in the Trust Fund.
6.3 Interests of Participants. The interest of a Participant in the Trust Fund
shall be the balance remaining from time to time in his Account after making the
adjustments required in Section 6.4.
6.4 Adjustments to Accounts. Subject to the provisions of Section 6.5, a
Participant's Account shall be adjusted from time to time as follows:
(a) As of each Valuation Date, each of a Participant's Accounts shall
be credited or charged, as the case may be, with a share of the earnings of the
Trust Fund for the Valuation Period ending with such current Valuation Date as
follows:
(1) As of each Valuation Date, any portion of the Participant's
Accounts that is invested in a Pooled Investment Fund
established under Article XI shall be credited or charged, as
the case may be, with a share of the earnings of such
Pooled Investment Fund for the Valuation Period ending with
such current Valuation Date. Each Participant's share of the
earnings of a Pooled Investment Fund for any Valuation
Period shall be determined by the Plan Administrator on a
weighted average basis, so that each Participant with a
balance in such Pooled Investment Fund shall receive a pro-
rata share of the earnings of such Pooled Investment Fund,
taking into account the period of time that each dollar
invested in such Pooled Investment Fund has been so
invested.
(2) As of each Valuation Date, the portion of the Participant's
Accounts that is invested in each Segregated Investment
Fund established under Article XI shall be credited or
charged, as the case may be, with the earnings attributable
to the Participant's investment in such Segregated
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Investment Fund for the Valuation Period ending with such
current Valuation Date.
(b) Each Participant's Accounts shall be credited with contributions
made during the Plan Year, as follows:
(1) As of each Valuation Date that is the last day of the Plan
Year, or at such other times as determined by the Employer,
the Employer Contribution Account of a Participant shall be
credited with his share of the contribution made by the
Employer with respect to the Plan Year ending with such
Valuation Date. A Participant's share of the amount of the
contribution for the Plan Year shall be determined pursuant
to the provisions of Article V.
(2) As of each Valuation Date, the Rollover Contribution
Account of a Participant shall be credited with the Rollover
Contributions, if any, made by the Participant pursuant to
Article V.
(c) As of each Valuation Date, each Account of a Participant shall be
charged with the amount of any distribution made to the Participant or his
beneficiary from such Account during the Valuation Period ending with such
Valuation Date.
(d) For purposes of all computations required by this Article VI, the
cash method of accounting shall be used, and the Trust Fund and the assets
thereof shall be valued at their fair market value as of each Valuation Date.
The Plan Administrator may adopt such additional accounting procedures as are
necessary to accurately reflect each Participant's interest in the Trust Fund, which
procedures shall be effective upon approval by the Employer. All such procedures shall
be applied in a consistent, nondiscriminatory manner.
6.5 Limitation on Allocation of Contributions.
(a) Notwithstanding anything contained in this Plan to the contrary, the
aggregate Annual Additions to a Participant's Accounts under this Plan and
under any other defined contribution plans maintained by the Employer for any
Limitation Year shall not exceed the lesser of: the limitation under Code Section
415(c), $40,000, as adjusted for increases in the cost-of-living under Code
Section 415(d) of the Code, or 100% of the Participant's Code Section 415(c)(3)
compensation for such Limitation Year.
(b) In the event that the Annual Additions, under the normal
administration of the Plan, would otherwise exceed the limits set forth above for
any Participant, or in the event that any Participant participates in both a defined
benefit plan and a defined contribution plan maintained by the Employer and the
aggregate annual additions to and projected benefits under all of such plans,
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under the normal administration of such plans, would otherwise exceed the limits
provided by law, then the Plan Administrator shall take such actions, applied in a
uniform and nondiscriminatory manner, as will keep the annual additions and
projected benefits for such Participant from exceeding the applicable limits
provided by law. Excess Annual Additions shall be disposed of as provided in
Section 6.5(c). Adjustments shall be made to other plans, if necessary to comply
with such limits, before any adjustments may be made to this Plan.
(c) If as a result of a reasonable error in estimating a Participant's
Section 415 Compensation or other circumstances permitted under Section 415
of the Code, the Annual Additions attributable to Employer contributions for a
particular Participant would cause the limitations set forth in this subsection (c) to
be exceeded, the excess shall be allocated and reallocated to other Participants
in the Plan. However, if the allocation or reallocation of the excess amounts
causes the limitations of this subsection (c) to be exceeded with respect to each
Participant for the Limitation Year, then these amounts must be held unallocated
in a suspense account. If a suspense account is in existence at any time during
a particular Limitation Year, other than the Limitation Year described in the
preceding sentence, all amounts must be allocated and reallocated to the
Participants (subject to the limitations of this subsection (c)) before any
contributions that constitute Annual Additions may be made to the Plan for that
Limitation Year. The suspense account shall be credited or charged, as the case
may be, with a share of the income, losses, appreciation and depreciation
attributable thereto as if it were an Account of a Participant.
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ARTICLE VII
BENEFITS UNDER THE PLAN
7.1 Retirement Benefit.
(a) A Participant shall be entitled to a normal retirement benefit upon
such Participant's Normal Retirement Date.
(b) Except as provided in Sections 8.8 and 8.9 of this Plan, until a
Participant actually terminates from the employ of the Employer, he shall not
receive a distribution and he shall continue to be treated in all respects as a
Participant.
(c) Upon the retirement of a Participant as provided in 7.1 (a) and
subject to adjustment as provided in Section 8.4, such Participant shall be
entitled to receive, at the time and in the manner described in Article VIII, a
retirement benefit in an amount equal to 100% of the balance in his Accounts as
of the Valuation Date concurring with or preceding the date of his retirement, plus
the amount of any contributions allocated subsequent to such Valuation Date.
7.2 Termination of Employment Benefit. In the event a Participant's
employment with his Employer is terminated for reasons other than retirement, and
subject to adjustment as provided in Section 8.4, such Participant shall be entitled to
receive, at the time and in the manner described in Article VIII, a termination of
employment benefit in an amount equal to the balance in his Account as of the Valuation
Date concurring with or preceding the date of the distribution, plus the amount of any
contributions allocated subsequent to such Valuation Date.
7.3 Death Benefit
(a) In the event of the death of a Participant and subject to adjustment
as provided in Section 8.4, his beneficiary shall be entitled to receive, at the time
and in the manner described in Article VIII, a death Benefit in an amount equal to
100% of the balance in his Account as of the Valuation Date concurring with or
preceding the date of his death, plus the amount of any contributions allocated
subsequent to such Valuation Date.
(b) At any time and from time to time, each Participant shall have the
unrestricted right to designate a beneficiary to receive his death benefit and to
revoke any such designation. Each designation or revocation shall be evidenced
by written instrument filed with the Plan Administrator, signed by the Participant
and bearing the signature of a witness to his signature. In the event that a
Participant has not designated a beneficiary or beneficiaries, or if for any reason
such designation shall be legally ineffective, or if such beneficiary or beneficiaries
shall predecease the Participant, then the personal representative of the estate
of such Participant shall be deemed to be the beneficiary designated to receive
such death benefit, or if no personal representative is appointed for the estate of
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such Participant, then his next of kin under the statute of descent and distribution
of the state in which such Participant's domicile at the date of his death shall be
deemed to be the beneficiary or beneficiaries to receive such death benefit.
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ARTICLE VIII
FORM AND PAYMENT OF BENEFITS
8.1 Timing and Form.
(a) (1) Except as otherwise provided in this Article VIII, the amount
of the retirement or death benefit to which a Participant is entitled under Sections
7.1 and 7.3 shall be paid to him or, in the case of a death benefit, shall be paid to
said Participant's beneficiary or beneficiaries as soon as practicable following the
Participant's actual retirement following his Normal Retirement Date or death, as
the case may be.
(2) The amount of the termination of employment benefit to
which a Participant is entitled under Section 7.2 shall be paid
to him as soon as practicable following his termination of
employment.
(3) Notwithstanding paragraphs (a)(1) and (a)(2), above, a
Participant may elect to defer the distribution of his benefit
until any subsequent date elected by the Participant in
writing pursuant to such procedures as the Plan
Administrator may adopt, but in no event later than the date
described in 8.1 (b).
(b) (1) Effective January 1, 2003, all distributions from the Plan will
be determined and made in accordance with the Treasury Regulations under
Section 401 (a)(9) of the Code and shall take precedence over any inconsistent
provisions of the Plan. Any distribution paid to a Participant (or, in the case of a
death benefit, to his beneficiary or beneficiaries) shall commence not later than:
(i) April 1 of the year following the calendar year
in which the Participant retires on or after his Normal
Retirement Date; or
(ii) April 1 of the year immediately following the
calendar year in which the Participant reaches age 70%.
(2) Time and Manner of Distribution.
(A) Death of Participant Before Distributions Begin. If the
Participant dies before distributions begin, the Participant's entire
interest will be distributed, or begin to be distributed, no later than
as follows:
(i) If the Participant's surviving spouse is the
Participant's sole designated Beneficiary, then, except as
provided in Section 8.1 (b)(2)(A)(v), distributions to the
surviving spouse will begin by December 31 of the calendar
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year immediately following the calendar year in which the
Participant died, or by December 31 of the calendar year in
which the Participant would have attained age 70%, if later.
(ii) If the Participant's surviving spouse is not the
Participant's sole designated Beneficiary, then, except as
provided in Section 8.1 (b)(2)(A)(v), distributions to the
designated Beneficiary will begin by December 31 of the
calendar year immediately following the calendar year in
which the Participant died.
(iii) If there is no designated Beneficiary as of
September 30 of the year following the year of the
Participant's death, the Participant's entire interest will be
distributed by December 31 of the calendar year containing
the fifth anniversary of the Participant's death.
(iv) If the Participant's surviving spouse is the
Participant's sole designated Beneficiary and the surviving
spouse dies after the Participant but before distributions to
the surviving spouse begin, Section 8.1 (b)(2)(A), other than
Section 8.1 (b)(2)(A)(i), will apply as if the surviving spouse
were the Participant.
(v) Participants or Beneficiaries may elect on an
individual basis whether the 5-year rule or the life
expectancy rule in this Section 8.1 (b)(2)(A) and Section
8.1 (b)(4) applies to distributions after the death of a
Participant who has a designated Beneficiary. The election
must be made no later than the earlier of September 30 of
the calendar year in which distribution would be required to
begin under this Section 8.1 (b)(2)(A), or by September 30 of
the calendar year which contains the fifth anniversary of the
Participant's (or, if applicable, surviving spouse's) death. If
neither the Participant nor Beneficiary makes an election
under this paragraph, distributions will be made in
accordance with this Section 8.1 (b)(2)(A) and Section 8.1 (b)
(4) below.
For purposes of this Section 8.1 (b)(2)(A) and Section 8.1 (b)(4), unless
8.1 (b)(2)(A)(iv) applies, distributions are considered to begin on the
Participant's required beginning date. If Section 8.1 (b)(2)(A)(iv) above
applies, distributions are considered to begin on the date distributions are
required to begin to the surviving spouse under Section 8.1 (b)(2)(A)(i)
above. If distributions under an annuity purchased from an insurance
company irrevocably commence to the Participant before the Participant's
required beginning date (or to the Participant's surviving spouse before the
date distributions are required to begin to the surviving spouse under
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Section 8.1 (b)(2)(A)(i), the date distributions are considered to begin is the
date distributions actually commence.
(B) Forms of Distribution. Unless the Participant's interest
is distributed in the form of an annuity purchased from an insurance
company or in a single sum on or before the required beginning
date, as of the first distribution calendar year distributions will be
made in accordance with Sections 8.1 (b)(3) and 8.1 (b)(4). If the
Participant's interest is distributed in the form of an annuity
purchased from an insurance company, distributions thereunder will
be made in accordance with the requirements of Section 401 (a)(9)
of the Code and the Treasury Regulations thereunder.
(3) Required Minimum Distributions During Participant's
Lifetime.
(A) Amount of Required Minimum Distribution For Each
Distribution Calendar Year. During the Participant's lifetime, the
minimum amount that will be distributed for each distribution
calendar year is the lesser of:
(i) the quotient obtained by dividing the
Participant's account balance by the distribution period in the
Uniform Lifetime Table set forth in Treasury Regulations
Section 1.401 (a)(9)-9, using the Participant's age as of the
Participant's birthday in the distribution calendar year; or
(ii) if the Participant's sole designated Beneficiary
for the distribution calendar year is the Participant's spouse,
the quotient obtained by dividing the Participant's account
balance by the number in the Joint and Last Survivor Table
set forth in Treasury Regulations Section 1.401 (a)(9)-9,
using the Participant's and spouse's attained ages as of the
Participant's and spouse's birthdays in the distribution
calendar year.
(B) Lifetime Required Minimum Distributions Continue
Through Year of Participant's Death. Required minimum
distributions will be determined under this Section 8.1 (b)(3)
beginning with the first distribution calendar year and up to and
including the distribution calendar year that includes the
Participant's date of death.
(4) Required Minimum Distributions After Participant's Death.
(A) Death On or After Date Distributions Begin.
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(i) Participant Survived by Designated
Beneficiary. If the Participant dies on or after the date
distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution
calendar year after the year of the Participant's death is the
quotient obtained by dividing the Participant's account
balance by the longer of the remaining life expectancy of the
Participant or the remaining life expectancy of the
Participant's designated Beneficiary, determined as follows:
(1) The Participant's remaining life
expectancy is calculated using the age of the
Participant in the year of death, reduced by one for
each subsequent year.
(2) If the Participant's surviving spouse is
the Participant's sole designated Beneficiary, the
remaining life expectancy of the surviving spouse is
calculated for each distribution calendar year after the
year of the Participant's death using the surviving
spouse's age as of the spouse's birthday in that year.
For distribution calendar years after the year of the
surviving spouse's death, the remaining life
expectancy of the surviving spouse is calculated
using the age of the surviving spouse as of the
spouse's birthday in the calendar year of the spouse's
death, reduced by one for each subsequent calendar
year.
(3) If the Participant's surviving spouse is
not the Participant's sole designated Beneficiary, the
designated Beneficiary's remaining life expectancy is
calculated using the age of the Beneficiary in the year
following the year of the Participant's death, reduced
by one for each subsequent year
(ii) No Designated Beneficiary. If the Participant
dies on or after the date distributions begin and there is no
designated Beneficiary as of September 30 of the year after
the year of the Participant's death, the minimum amount that
will be distributed for each distribution calendar year after the
year of the Participant's death is the quotient obtained by
dividing the Participant's account balance by the
Participant's remaining life expectancy calculated using the
age of the Participant in the year of death, reduced by one
for each subsequent year.
(B) Death Before Date Distributions Begin.
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(i) Participant Survived by Designated
Beneficiary. Except as provided in Section 8.1 (b)(2)(A)(v)
above, if the Participant dies before the date distributions
begin and there is a designated Beneficiary, the minimum
amount that will be distributed for each distribution calendar
year after the year of the Participant's death is the quotient
obtained by dividing the Participant's account balance by the
remaining life expectancy of the Participant's designated
Beneficiary, determined as provided in Section 8.1 (b)(4)(A)
above.
(ii) No Designated Beneficiary. If the Participant
dies before the date distributions begin and there is no
designated Beneficiary as of September 30 of the year
following the year of the Participant's death, distribution of
the Participant's entire interest will be completed by
December 31 of the calendar year containing the fifth
anniversary of the Participant's death.
(iii) Death of Surviving Spouse Before Distributions
to Surviving Spouse Are Required to Begin. If the Participant
dies before the date distributions begin, the Participant's
surviving spouse is the Participant's sole designated
Beneficiary, and the surviving spouse dies before
distributions are required to begin to the surviving spouse
under Section 8.1 (b)(2)(A)(i) above, this Section 4 will apply
as if the surviving spouse were the Participant.
(5) Definitions.
(A) Designated Beneficiary. The individual who is
designated as the Beneficiary under the Plan and is the designated
Beneficiary under Code Section 401 (a)(9) and Treasury
Regulations Section 1.401 (a)(9)-1, Q&A-4 of the Code.
(B) Distribution calendar year. A calendar year for which
a minimum distribution is required. For distributions beginning
before the Participant's death, the first distribution calendar year is
the calendar year immediately proceeding the calendar year which
contains the Participant's required beginning date. For distributions
beginning after the Participant's death, the first distribution calendar
year is the calendar year in which distributions are required to begin
under Section 8.1 (b) 2 above. The required minimum distribution
for the Participant's first distribution calendar year will be made on
or before the Participant's required beginning date. The required
minimum distribution for other distribution calendar years, including
the required minimum distribution for the distribution calendar year
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in which the Participant's required beginning date occurs, will be
made on or before December 31 of that distribution calendar year.
(C) Life expectancy. Life expectancy as com puted by use
of the Single Life Table in Treasury Regulations Section
1.401 (a)(9)-9 of the Code.
(D) Participant's Account balance. The Account balance
as of the last valuation date in the calendar year immediately
preceding the distribution calendar year (valuation calendar year)
increased by the amount of any contributions made and allocated
or forfeitures allocated to the account balance as of dates in the
valuation calendar year after the valuation date and decreased by
distributions made in the valuation calendar year after the valuation
date. The account balance for the valuation calendar year includes
any amounts rolled over or transferred to the Plan either in the
valuation calendar year or in the distribution calendar year if
distributed or transferred in the valuation calendar year.
(c) With respect to distributions under the Plan made for the 2002
calendar year, the Plan will apply the minimum distribution requirements of
Section 401 (a)(9) of the Code in accordance with the regulations under Section
401 (a)(9) that were proposed on January 17, 2001, notwithstanding any
provision of the Plan to the contrary.
8.2 Manner of Payment.
(a) A Participant's retirement, death or termination of employment
benefit may be paid in one of the following optional forms as elected by the
Participant, or in the case of a death benefit, by the Participant's beneficiary or
beneficiaries. The optional forms are as follows:
(1) A lump sum payment.
(2) Monthly, quarterly or annual installments over a fixed period
of time, not exceeding the life of the Participant or the joint
life and last survivor expectancy of the Participant and his
designated beneficiary.
(b) A Participant or his beneficiary may elect to receive the payment of
any part or all of the unpaid installments under paragraph 8.2(a)(2) above in a
lump sum, in accordance with rules and regulations promulgated by the Plan
Administrator (and in accordance with the Code).
(c) Each Participant shall have the right to designate a beneficiary for
purposes of the optional form of benefit payment described in paragraph
8.2(a)(2) above and to revoke any such designation. Each designation or
revocation shall be evidenced by written instrument filed with the Employer and
shall be effective upon filing with the Employer.
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(d) In the case of a retirement or termination of employment benefit, in
no event shall payment extend beyond the life or life expectancy of the
Participant or the joint lives or life expectancies of the Participant and his
designated beneficiary. If the Participant dies before receiving the entire amount
payable to him, the balance shall be distributed to his designated beneficiary at
least as rapidly as under the method being used prior to the Participant's death.
(e) In the case of a death benefit, payment
(1) to the designated beneficiary shall begin within one year
following the Participant's death (unless the designated
beneficiary is the Participant's spouse, in which case such
benefit shall begin no later than the date the Participant
would have reached 70%) and shall not, in any event, extend
beyond the life or life expectancy of the designated
beneficiary; or
(2) to any other beneficiary shall be totally distributed within five
years from the date of the Participant's death.
8.3 Lump Sum Payment. Notwithstanding anything contained in this Plan to
the contrary, any benefit payable under the Plan, which is not more than $1,000, including
such Participant's Rollover Contributions Account, shall be paid in a lump sum as soon as
practicable following the Participant's termination of employment.
8.4 Periodic Adjustments. To the extent the balance of a Participant's
Accounts has not been distributed and remains in the Plan, and notwithstanding anything
contained in the Plan to the contrary, the value of such remaining balance shall share in
allocations of the income (or loss) of the Trust Fund pursuant to the provisions of Article
VI.
8.5 Location of Participant or Beneficiary Unknown. In the event that all, or
any portion of the distribution payable to a Participant or his beneficiary, hereunder shall
remain unpaid after five (5) Plan Years solely by reason of the inability of the Plan
Administrator, after sending a registered letter, return receipt requested, to the last known
address, and after further diligent effort, to ascertain the whereabouts of such Participant
or his beneficiary, the amount so distributable shall be treated as a forfeiture. In the event
a Participant or beneficiary of such Participant is located subsequent to his benefit being
reallocated, such benefit shall be restored by an additional contribution by the Employer.
8.6 Transfer to Other Qualified Plans. The Trustee, upon written direction by
the Plan Administrator, shall transfer some or all of the assets held under the Trust to
another plan or trust meeting the requirements of the Code relating to qualified plans and
trust, whether such transfer is made pursuant to a merger or consolidation of this Plan
with such other plan or trust or for any other allowable purpose.
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8.7 Direct Rollovers.
(a) Notwithstanding any provIsions of the Plan to the contrary that
would otherwise limit a distributee's (as defined below) election under this
paragraph, a distributee may elect, at the time and in the manner prescribed by
the Plan Administrator, to have any portion of an eligible rollover distribution (as
defined below) paid directly to an eligible retirement plan (as defined below)
specified by the distributee in a direct rollover (as defined below).
(b) For purposes of this paragraph, the following terms shall have the
following meanings:
(1) An "eligible rollover distribution" is any distribution of all or
any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include:
any distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made
for the life (or life expectancy) of the distributee or the joint
lives (or joint life expectancies) of the distributee and the
distributee's designated beneficiary, or for a specified period
of ten years or more; any distribution to the extent such
distribution is required under Section 401 (a)(9) of the Code,
and the portion of any distribution that is not included in
gross income (determined without regard to the exclusion for
net unrealized appreciation with respect to employer
securities).
(2) An "eligible retirement plan" is an individual retirement
account described in Section 408(a) of the Code, an
individual retirement annuity described in Section 408(b) of
the Code, an annuity plan described in Section 403(a) or
403(b) of the Code, a deferred compensation plan under
Section 457 (b) of the Code or a qualified trust described in
Section 401 (a) of the Code, that accepts the distributee's
eligible rollover distribution. However, in the case of an
eligible rollover distribution to the surviving spouse, an
eligible retirement plan is an individual retirement account or
individual retirement annuity.
(3) A "distributee" includes an Employee or former Employee.
In addition, the Employee's or former Employee's surviving
spouse and the Employee's or former Employee's spouse,
as defined in Section 414(p) of the Code, are distributees
with regard to the interest of the spouse or former spouse.
(4) A "direct rollover" is a payment by the Plan to the eligible
retirement plan specified by the distributee.
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8.8 Withdrawals from Rollover Contribution Accounts. A Participant, while
still employed, may request a withdrawal of all or a portion of his Rollover Contributions
Account at any time.
8.9 Withdrawals from Employer and Employee Mandatory Contribution
Accounts. A Participant who has reached age 59% may request a withdrawal of all or a
portion of his Employer Contributions Account andlor his Employee Mandatory
Contributions Accounts at any time.
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ARTICLE IX
TRUST FUND AND EXPENSES OF ADMINISTRATION
9.1 Name of Trustee. The Trust Fund shall be held by the Trustee, or by a
successor trustee or trustees, for use in accordance with the Plan under the Trust
Agreement. The Trust Agreement may from time to time be amended in the manner
therein provided. Similarly, the Trustee may be changed from time to time in the manner
provided in the Trust Agreement.
9.2 Expenses of Administration.
(a) (1) The assets of the Trust Fund may be used to pay all
expenses of the administration of the Plan and the Trust Fund, including the
Trustee's compensation, the compensation of any investment manager, the
expense incurred by the Plan Administrator in discharging its duties, all income
or other taxes of any kind whatsoever that may be levied or assessed under
existing or future laws upon or in respect of the Trust Fund, and any interest that
may be payable on money borrowed by the Trustee for the purpose of the Trust.
(2) The Employer may pay the expenses of the Plan and the
Trust Fund. Any such payment by the Employer shall not be
deemed a contribution to this Plan.
(b) Notwithstanding anything contained herein to the contrary, no
excise tax or other liability imposed upon the Trustee, the Plan Administrator or
any other person for failure to comply with the provisions of any federal law shall
be subject to payment or reimbursement from the assets of the Trust.
(c) For its services, any corporate Trustee shall be entitled to receive
reasonable compensation in accordance with its rate schedule in effect from time
to time for the handling of a Trust. Any individual Trustee shall be entitled to
such compensation as shall be arranged between the Employer and the Trustee
by separate instrument; provided, however, that no person who is already
receiving full-time pay from the Employer shall receive compensation from the
Trust Fund (except for the reimbursement of expenses properly and actually
incurred).
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ARTICLE X
AMENDMENT AND TERMINATION
10.1 Restrictions on Amendment and Termination of Plan. It is the present
intention of the Employer to maintain the Plan set forth herein indefinitely. Nevertheless,
the Employer specifically reserves to itself the right at any time, and from time to time, to
amend or terminate this Plan in whole or in part; provided, however, that no such
amendment:
(a) shall have the effect of vesting in the Employer, directly or
indirectly, any interest, ownership or control in any of the present or subsequent
funds held subject to the terms of the Trust Agreement;
(b) shall cause or permit any property held subject to the terms of the
Trust Agreement to be diverted to purposes other than the exclusive benefit of
the Participants and their beneficiaries or for the administrative expenses of the
Plan Administrator and the Trust;
(c) shall reduce the then vested interest of a Participant;
(d) shall reduce the Account of any Participant; or
(e) shall increase the duties or liabilities of the Trustee without its
written consent.
10.2 Amendment of Plan. Subject to the lim itations stated in Section 10.1, the
Employer shall have the power to amend this Plan in any manner that it deems desirable,
and, not in limitation but in amplification of the foregoing, it shall have the right to change
or modify the method of allocation of contributions hereunder, to change any provision
relating to the administration of this Plan and to change any provision relating to the
distribution or payment, or both, of any of the assets of the Trust.
10.3 Termination of Plan. The Employer, in its sole and absolute discretion,
may terminate this Plan and the Trust, completely or partially, at any time without any
liability whatsoever for such complete or partial termination. In any of such events, the
affected Participants, notwithstanding any other provisions of this Plan, shall have fully
vested interests in the amounts credited to their respective Accounts at the time of such
complete or partial termination of this Plan and the Trust. All such vested interests shall
be nonforfeitable.
10.4 Termination Procedure. In the event the Employer decides to terminate
this Plan and the Trust, after payment of all expenses and proportional adjustments of
individual Accounts to reflect such expenses and other changes in the value of the Trust
Fund as of the date of termination, each affected Participant (or the beneficiary of any
such Participant) shall then be entitled to receive any amount then credited to his Account
in accordance with the form of payment prescribed by Article VIII.
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Attachment number 1
Page 31 of 38
ARTICLE XI
PARTICIPANT DIRECTION OF ACCOUNT INVESTMENT
11.1 Participant Directed Investments. On the commencement of his
participation in the Plan, each Participant shall direct the Trustee to invest his Accounts in
one or more Directed Investment Funds made available by the Plan Administrator from
time to time. The Plan Administrator may provide each of the Directed Investment Funds
made available to Participants through shares of one or more investment companies or
mutual funds, segregated accounts invested in one or more of savings or notice accounts,
deposits in or certificates issued by a bank, insurance, annuity or other investment
contracts, or other appropriate investment vehicles.
11.2 Election Procedures. Except as may be otherwise provided by the Trust
Agreement or by any contract entered into by the Trustee or the Plan Administrator with
an investment manager appointed to manage all or any portion of the assets of the Plan,
each Participant's directed investment elections shall be made in writing upon his
commencement of participation in the Plan.
(a) A Participant shall designate the percentage of the balances of his
Accounts and future contributions to his Accounts to be allocated to any Directed
Investment Fund.
(b) Subject to Section 11.2(c), a Participant may revise his election
effective as of the first day of each Valuation Period. The Participant's revised
election shall be effective for contributions made to the Plan after the effective
date of such revision, and may be effective for the investment of balances
previously allocated and remaining credited to a Participant's Accounts. Any
revised election with respect to future contributions shall be subject to the
percentage limitations established by the Plan Administrator pursuant to Section
11.2(a). If required by the Plan Administrator, any revised election with respect
to existing Account balances shall specify the specific percentage, or dollar
amount, of each Account to be transferred between Directed Investment Funds.
(c) The Trustee shall make requested investments on behalf of each
Participant within a reasonable period after the receipt of directions from the Plan
Administrator or the Participant.
11.3 Failure to Designate. If a Participant does not specifically designate the
initial investments for all of his Accounts at the time he becomes a Participant in the Plan,
his Accounts shall be invested in a stable value fund offered as one of the Directed
Investment Funds available to Participants until such time as he makes his initial
designation regarding his investments.
11.4 Charges and Credits. A Participant's Accounts shall be divided into
sub-accounts to properly account for the Directed Investment Funds in which such
Accounts are invested. Each sub-account shall be adjusted as of each Valuation Date in
26
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accordance with Article VI for purposes of (a) crediting dividends, interest, and other
income on the investments in a particular Directed Investment Fund, as well as all
realized and unrealized gains credited to that fund, and (b) charging individually allocable
expenses in connection with the investments in a particular Directed Investment Fund, as
well as all realized and unrealized losses charged to that fund. Other charges or fees
separately incurred and not charged to a Directed Investment Fund, and incurred as a
result of an election made by a Participant associated with the investment of his
Accounts, shall be charged against his Accounts in accordance with Article VI.
11.5 Procedures. The Plan Adm inistrator shall establish procedures regarding
Participant investment direction as are necessary, which procedures shall be
communicated to all Participants and applied in a uniform, nondiscriminatory manner.
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Item # 8
Attachment number 1
Page 33 of 38
ARTICLE XII
MISCELLANEOUS
12.1 Alienation. No Participant or beneficiary of a Participant shall have any
right to assign, transfer, appropriate, encumber, commute, anticipate or otherwise
alienate his interest in this Plan or the Trust or any payments to be made thereunder; no
benefits, payments, rights or interests of a Participant or beneficiary of a Participant of
any kind or nature shall be in any way subject to legal process to levy upon, garnish or
attach the same for payment of any claim against the Participant or beneficiary of a
Participant; and no Participant or beneficiary of a Participant shall have any right of any
kind whatsoever with respect to the Trust, or any estate or interest therein, or with respect
to any other property or right, other than the right to receive such distributions as are
lawfully made out of the Trust, as and when the same respectively are due and payable
under the terms of this Plan and the Trust.
12.2 Governing Law. This Plan shall be administered, construed and enforced
according to the laws of the State of Florida, except to the extent such laws have been
expressly preempted by federal law.
12.3 Gender. Throughout this Plan, and whenever appropriate, the masculine
gender shall be deemed to include the feminine and neuter; the singular, the plural; and
vice versa.
12.4 Forfeiture of Benefits for Specified Offenses.
(a) Notwithstanding anything to the contrary, any Participant who is
convicted of the following offenses committed prior to retirement, or whose
employment is terminated by reason of his admitted commission, aid or abetment
of the following specified offenses, shall forfeit all rights and benefits under this
Plan, except for the return of his Rollover Contribution Account as of the date of
termination. Specified offenses are as follows:
(1 )
(2)
(3)
(4)
(5)
(6)
\388024\2 - # 507616 v4
The committing, aiding or abetting of an embezzlement of public
funds;
The committing, aiding or abetting of any theft from the Employer;
Bribery in connection with the employment of a public officer or
employee;
Any felony specified in Chapter 838, Florida Statutes (except
S838.15 and S838.16);
The committing of an impeachable offense;
The committing of any felony by a public officer or employee who
willfully and with intent to defraud the public or the public agency,
for which he acts or in which he is employed, of the right to receive
28
Item # 8
Attachment number 1
Page 34 of 38
the faithful performance of his duty as a public officer or employee,
realizes or obtains or attempts to obtain a profit, gain, or advantage
for himself or for some other person through the use or attempted
use of the power, rights, privileges, duties or position of his public
office or employment position.
(7) Conviction shall be defined as an adjudication of guilt by a court of
competent jurisdiction; a plea of guilty or a nolo contendere; a jury
verdict of guilty when adjudication of guilt is withheld and the
accused is placed on probation; or a conviction by the Senate of an
impeachable offense. Court shall be defined as any state or federal
court of competent jurisdiction which is exercising its jurisdiction to
consider a proceeding involving the alleged commission of a
specified offense.
(b) Prior to forfeiture, the Plan Administrator shall hold a hearing on
which notice shall be given to the Participant whose benefits are being
considered for forfeiture. Said Participant shall be afforded the right to have an
attorney present. No formal rules of evidence shall apply, but the Participant
shall be afforded a full opportunity to present his case against forfeiture.
(c) Amounts forfeited from a Participant's Account under this Section
12.4 shall be used to reduce future Employer contributions.
12.5 Claims Procedures.
(a) Claims for benefits under the Plan may be made by a Participant or
a beneficiary of a Participant on forms supplied by the Plan Administrator.
Written notice of the disposition of a claim shall be furnished to the claimant by
the Plan Administrator within ninety (90) days after the application is filed with the
Plan Administrator, unless special circumstances require an extension of time for
processing, in which event action shall be taken as soon as possible, but not
later than one hundred eighty (180) days after the application is filed with the
Plan Administrator; and, in the event that no action has been taken within such
ninety (90) or one hundred eighty (180) day period, the claim shall be deemed to
be denied for the purposes of Section 12.5(b). In the event that the claim is
denied, the denial shall be written in a manner calculated to be understood by the
claimant and shall include the specific reasons for the denial, specific references
to pertinent Plan provisions on which the denial is based, a description of the
material information, if any, necessary for the claimant to perfect the claim, an
explanation of why such material information is necessary and an explanation of
the claim review procedure.
(b) If a claim is denied (either in the form of a written denial or by the
failure of the Plan Administrator, within the required time period, to notify the
claimant of the action taken), a claimant or his duly authorized representative
shall have sixty (60) days after the receipt of such denial to petition the Plan
Administrator in writing for a full and fair review of the denial, during which time
29
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Item # 8
Attachment number 1
Page 35 of 38
the claimant or his duly authorized representative shall have the right to review
pertinent documents and to submit issues and comments in writing. The Plan
Administrator shall promptly review the claim and shall make a decision not later
than sixty (60) days after receipt of the request for review, unless special
circumstances require an extension of time for processing, in which event a
decision shall be rendered as soon as possible, but not later than one hundred
twenty (120) days after the receipt of the request for review. If such an extension
is required because of special circumstances, written notice of the extension
shall be furnished to the claimant prior to the commencement of the extension.
The decision of the review shall be in writing and shall include specific reasons
for the decision, written in a manner calculated to be understood by the claimant,
with specific references to the Plan provisions on which the decision is based.
30
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Item # 8
Attachment number 1
Page 36 of 38
ARTICLE XIII
LOANS TO PARTICIPANTS
13.1 Availability of Loans.
(a) The Plan Administrator, in accordance with its uniform
nondiscriminatory policy, may direct the Trustee, upon application of a Participant
who is actively employed by the Employer, to make a loan to such Participant out
of his vested Accounts upon application of the Participant based upon the
Participant's immediate and heavy financial need (which shall be limited to the
criteria set forth in paragraph (e) below). Any such loan to a Participant shall be
considered a Participant directed investment under Article XI and without
limitation shall be subject to the provisions of Article XI.
(b) All loans must be requested in writing on an application approved
by the Plan Administrator and signed by the Participant. The Employer must
review and approve the application.
(c) The amount advanced, when added to the outstanding balance of
all other loans to the Participant from this Plan or any other qualified retirement
plan adopted by the Employer, may not exceed the lesser of:
(1) $50,000, reduced by the excess, if any, of:
(A) the highest outstanding balance of all loans made
from the Plan to that applicant during the one year period ending on
the day before the date on which the loan is made, reduced by
(B) the outstanding balance of all loans from the Plan to
that applicant on the date on which the loan is made, or
(2) 50% of the vested balance of the Participant's Accounts.
(d) The minimum amount that may be borrowed by the Participant shall
be $1,000.00.
(e) A loan will be authorized only in the event of an immediate and
heavy financial need. An immediate and heavy financial need shall be deemed to
include:
(1) expenses of medical care (as defined in Section 213(d) of
the Code) incurred by the Participant or his spouse or other
dependents (as defined in Section 152 of the Code) or
necessary for such persons to obtain such medical care,
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Attachment number 1
Page 37 of 38
(2) payments (other than mortgage payments) directly related to
the purchase of the Participant's principal residence,
(3) payment of tuition and related educational fees for the next
12 months of post-secondary education for the Participant or
his spouse, children or other dependents,
(4) payments necessary to prevent the eviction of the
Participant from his principal residence or the foreclosure on
the mortgage of such residence, or
(5) such other events as may be prescribed by the
Commissioner of the Internal Revenue Service in revenue
rulings, notices and other documents of general applicability.
(f) Only one loan may be outstanding at any time. After a loan has
been fully repaid, a new loan may not be made to the borrower for at least 30
days after the final payment has been made with respect to the prior loan.
(g) Notwithstanding the foregoing, no Participant shall be entitled to
borrow an amount that the Plan Administrator determines could not be
adequately secured by the portion of such Participant's Accounts that is
permitted to be held as security pursuant to applicable Department of Labor
Regulations.
(h) Any out-of-pocket legal and administrative costs incurred by the
Trustee as a result of a loan, or application for a loan, shall be paid by the
Participant who received or applied for such loan.
13.2 Time and Manner of Repayment. Any loan made under this Article XIII
shall be repayable to the Trust at such times and in such manner as may be provided by
the Plan Administrator, subject to the following limitations:
(a) Each loan shall be secured by 50% of the vested balance of the
Participant in his Accounts. The Plan Administrator shall not accept any other
form of security. Each Participant shall agree to have each required loan
payment deducted from his pay and remitted to the Trustee.
(b) Each loan shall bear interest at a reasonable rate and shall provide
for substantially level amortization of principal and interest no less frequently than
quarterly. The interest rate charged shall be comparable to the rate charged by
commercial lending institutions in the region in which the Employer is located for
comparable loans as determined by the Plan Administrator at the time the loan is
approved.
(c) Each loan shall be repaid within a specified period of time. Such
period shall not be less than twelve (12) months, nor shall such period exceed
five (5) years, unless the loan is used to acquire the principal residence of the
Participant.
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13.3 Default. In the event of default, the Trustee, at the direction of the Plan
Administrator, may proceed to collect said loan with any legal remedy available, including
reducing the amount of any distribution permitted under Article VIII by the amount of any
such loan that may be due and owing as of the date of distribution or any other action that
may be permitted by law. "Events of Default" shall include any failure to make a payment
of principal or interest attributable to the loan when due; failure to perform or to comply
with any obligations imposed by any agreement executed by the Borrower securing his
loan obligation; and any other conditions or requirements set forth within a promissory
note or security agreement that may be required in order to ensure that the terms of the
loan are consistent with Commercially reasonable practices.
IN WITNESS WHEREOF, this Plan has been executed this _ day of
,2008.
CITY OF CLEARWATER
Frank V. Hibbard, Mayor
Approved as to form:
ATTEST:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
33
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Item # 8
Attachment number 2
Page 1 of 2
ORDINANCE NUMBER 8017-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE CITY OF
CLEARWATER MONEY PURCHASE PENSION PLAN
(THE 'PLAN'); ADOPTING THE SECOND
RESTATEMENT OF THE PLAN; SUBMITTING THE
PLAN DOCUMENT TO THE INTERNAL REVENUE
SERVICES' ("IRS") EMPLOYEE PLANS COMPLIANCE
RESOLUTION PROGRAM; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has established the City of Clearwater Money
Purchase Pension Plan (the "Plan"), as subsequently amended; and,
WHEREAS, the Plan authorizes the City, as the Employer under the Plan to
amend the Plan in whole or in part; and
WHEREAS, the IRS has required all retirement plans to be updated for
changes in the tax laws; and
WHEREAS, the Plan has been updated to comply with changes in the tax
laws; and,
WHEREAS, the IRS approved these changes and determined that a
restated version of the Plan is in compliance with current tax laws; and
WHEREAS, the IRS approved Plan was not timely executed; and
WHEREAS, the City has determined that the Plan should be updated for
any recent changes in tax law and then submitted to the IRS' Employee Plans
Compliance Resolution Program for approval; and
WHEREAS, the City has determined that it is in the best interest of
participants to adopt the second restatement of the Plan, that includes all current
legislative changes and submit the Plan for IRS approval; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Second Restatement of the City of Clearwater Money
Purchase Pension Plan is hereby adopted to read as indicated in the attached
Exhibit A and made a part hereof.
Ordinance NoI1:em<# 8
Attachment number 2
Page 2 of 2
Section 2. The provisions of this Ordinance shall take effect as provided in
the attached Exhibit A.
Section 3. The City authorizes and directs Gray Robinson, P.A. to submit
the Plan for approval to the IRS' Employee Plans Compliance Resolution Program
and to make such changes in the Plan, as they deem appropriate in order to obtain
approval of the Plan.
Section 4. All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
PASSED ON FIRST READING
,2008
PASSED ON SECOND AND
FINAL READING AND ADOPTED
,2008
Signed:
Frank Hibbard, Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 80dtam # 8
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize a contract with CIGNA for health insurance under a fully insured funding arrangement for the contract period of January 1,
2009, to December 31,2009, at a total cost estimate of $17.4 million which includes estimated City ($11 million), employee ($4.9
million), and retiree ($1.5 million) premiums.
SUMMARY:
The contract with the City's current medical insurance provider, Humana, expires on December 31,2008. Based on the renewal
proposal from Humana, the City's Benefits Committee recommended bidding the contract for the 2009 plan year. RFP responses were
received from three carriers: Cigna, Humana, and United.
The award to CIGNA will result in approximately a 16.6% overall increase in premium costs, the entirety of which will be applied to
employee contribution levels. The contract will establish a plan structure consisting of a new "base" HMO plan that introduces
deductibles and co-insurances at the same premium rates as the current "standard" HMO plan and which will result in no increase to the
City's contribution levels, along with modified HMO and POS plan options to include only one of each plan with higher co-pays and
out-of-pocket maximums than the current plans. CIGNA will also contribute $50,000 toward City wellness initiatives, and has
guaranteed an additional 3% reduction in rates if 90% of the active members and their dependents complete CIGNA's online Health
Risk Assessment.
For fiscal year 2009, the City has budgeted approximately $10.9 million for approximately 1757 full time positions for the City's share
of medical insurance coverage (including EAP and mental health/substance abuse). The City's estimated share of actual expenses for
FY 09, which covers three months of the current contract with Humana, nine months of this proposed contract with CIGNA and twelve
months of mental health/substance abuse coverage with Unipsych (3 year contract approved beginning 1/1/07) is $11.2 million. The
difference between budgeted and maximum actual costs, estimated to be $300,000, will be taken from reservesin the Central Insurance
Fund. The above numbers assume that all positions are filled at all times and that employees select the tier of coverage (employee only,
employee + 1, and employee + family) similar to the current year. City share of costs related to the CIGNA contract for coverage for
FYlO, estimated to be $2.75 million, will be budgeted as part of the fiscal year 2010 budget.
Staff also recommends a modification of the current funding strategy for City contributions to health care premiums to represent 100%
of the new "Base" HMO cost for Employee Only, 75% of the "Base" HMO cost for Employee plus One, and 68% of the "Base" HMO
cost for Employee plus Family, to be applied to the respective tiers in the new standard HMO and POS plans.
Type:
Current Year Budget?:
Operating Expenditure
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Appropriate $300,000 from the Central Insurance Fund undesignated retained earnings
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$13,050,000
$17,400,000
10/1/08 to 19/30/09
Annual Operating Cost:
Total Cost: $17,400,000
Appropriation Code
0590-07000-545600-519-
000-0000
Amount
$17,400,000
Appropriation Comment
Cover Memo
Item # 9
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
RFP3 5 -08
None
Cover Memo
Item # 9
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City of Clearwater, Florida,
between the City of Clearwater and Clearwater Country Club Management, Inc. (CCC) pursuant to the City's acquisition of 5.7 acres
owned by CCC for $2,125,000 and authorize the appropriate officials to execute same.
SUMMARY:
The City of Clearwater and Clearwater Country Club Management, Inc. (CCC) currently have a Lease Agreement for CCC to operate
the City's public golf course located at 525 Betty Lane North, which will expire April 30, 2032.
CCC currently owns 5.7 acres, including parking and the clubhouse, which is surrounded by the City's golf course which CCC operates
on behalf of the City.
At the June 19,2008 City Council meeting, City Council approved a term sheet for the sale and purchase of CCC-owned property.
The basic components of the First Amendment are as follows:
. The City to purchase the clubhouse parcel for an amount not to exceed of $2,125,000.
. Annual lease payments by CCC of $200,000, paid quarterly, will commence October 1,2009. This will allow CCC to retire
current revolving line of credit and develop a twelve month funding strategy so as to cover all club expenses during the slower
summer months.
. Establishment of an annual $50,000 CIP, administered by the City at its sole discretion, effective FY09/1O.
. The City will procure turf maintenance supplies for use at the golf course and be reimbursed for out-of-pocket expenses.
. Require CCC at all times, subject to reasonable rules and regulations common to other similar facilities in the area, to make the
facilities available to the public who are not members of the Club upon payment of reasonable, applicable fees for such use. In
addition, Clearwater residents have the same right as members to use food and beverage and restroom facilities in the same
manner as members.
. CCC agrees to satisfy in full, current line of credit and obtain a release from Liberty Bank or have lease terminated by City.
Implementation of these two agreements will bundle all assets of the course under one ownership and provide increased savings to the
overall operation.
At the June 19,2008 meeting, City Council gave staff direction to negotiate a contract and a capital project was established in the
amount of $2,025,000 for the purchase. In addition, $100,000 will be transferred to capital project 315-96309, Clearwater Golf Course
Acquisition from unappropriated General Fund retained earnings, to provide the balance of the purchase contract.
CCC is currently working to bring a Director of Golf Operations on board versed in the Tampa Bay golf market with extensive golf
marketing experience.
Appropriation Code
315-96309
Amount
$2,125,000
Appropriation Comment
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) CitfMah~) Clerk
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Item # 10
Attachment number 3
Page 1 of 7
CONTRACT FOR PURCHASE OF REAL PROPERTY BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: CLEARWATER COUNTRY CLUB MANAGEMENT, INC" a Florida not-for-profit
corporation, hereinafter referred to as "Seller", whose address is 525 Betty Lane North, Clearwater,
Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of
Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748, (collectively
"Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property (''Real
Property") upon the following terms and conditions.
1, PROPERTY DESCRIPTION (Pinellas County Parcell. D, No, 10-29-15-00000-440-0100)
LEGAL DESCRIPTION: A portion of the SE % of Section 10, Township 29 South, Range 15 Pinellas
County, Florida, more particularly described as follows:
BEGIN at the intersection of the centerline of Seaboard Airline Railway Co. and Betty Lane as shown
on plat of COUNTRY CLUB ADDITION, as recorded in Plat Book 7, Page 36, Pinellas County
Records, and run thence along said Seaboard Airline Railway Co. centerline and a curve to the left,
chord bearing N 80043'37" E, 339.12 ft.; THENCE along said centerline N 7r35'57" E, 63.44 ft. for a
POB: THENCE S 06033'43" E, 537.60 ft.; THENCE S 51046'23" E, 48.51 ft.; THENCE N 65005'07" E,
311.39 ft.; THENCE N 21020'48" E, 610.59 ft. to the centerline of said Seaboard Airline Railway Co.,
THENCE along a curve to the right and said line, chord bearing S 76025'57" W, 136.83 ft.; THENCE
S 7r35'57" W along said centerline, 482.48 ft. to the POB, LESS Seaboard Airline Railway Co. right -
of-way, together with all improvements, fixtures and attachments thereon and therein.
2, PERSONAL PROPERTY: All personal property owned by Seller as inventoried in EXHIBIT "A"
appended hereto, and by this reference made an integral part hereof, together with all future
replacements or substitutions thereof, shall remain the property of the Seller and shall not convey to
Buyer upon closing this transaction. Buyer shall, however, have a security interest in such personal
property as further set forth in that certain Lease Agreement dated May 9, 2000, as amended by that
certain First Amendment To Lease Agreement to be executed concurrently herewith, a copy of which is
appended hereto as EXHIBIT "B", by this reference made an integral part hereof.
3, FULL PURCHASE PRICE NOT TO EXCEED........................... ... ... ... ... ... ..... $ 2,125,00000
4, MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing .................................. ... ..... ... ..... $ 2,125,00000
5, PURCHASE PRICE DETERMINATION
The Full Purchase Price as established herein has been reached through negotiations with the Seller
by City staff and reflects payoff and full satisfaction of existing first mortgage balance in favor of Liberty
Bank not to exceed $2,012,000, including all interest to day of closing, together with payoff and full
satisfaction of those certain unsecured Notes in favor of Clearwater Country Club members, copies of
which are appended hereto as Exhibit "C", by this reference made an integral part hereof, not to exceed
$110,000, including all interest to day of closing. Two appraisals were obtained preliminary to contract:
The subject property was valued at $2,360,000 in an appraisal performed by Colliers Arnold Valuation
Services, Inc. on July 16, 2008, and the real property was valued at $1,430,000 by CB Richard Ellis
Item l#ag~ 1 of 7
Attachment number 3
Page 2 of 7
Valuation and Advisory Services on August 12, 2008.
6, TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by the Seller, the price, terms and conditions as contained herein
shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in
duplicate original to the City for acceptance and approval, or rejection, by the Clearwater City Council
("Council"). If this agreement is accepted and approved by Council, it will be executed by duly
authorized City officials and delivered to Seller within 15 days thereafter. If Council rejects this contract
upon initial presentation, this contract shall be null and void in all respects and the City shall so inform
Seller in writing within 5 days of such action.
7, TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty
Deed, subject only to matters contained in Paragraph 8 acceptable to Buyer. Otherwise title shall be
free of liens, easements and encumbrances known to Seller, but subject to property taxes for the year
of closing; covenants, restrictions and public utility easements of record; and no others, provided there
exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
Property.
8, TITLE EVIDENCE
Buyer, at Buyer expense and within 15 days prior to closing date, obtain a title insurance commitment
issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications
set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in
this Contract. Marketable title shall be determined according to applicable Title Standards adopted by
The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting
the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make
diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
9, SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
survey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida State Plane Coordinate System as defined in
Chapter 177, Florida Statutes.
Item I#ag~2 of 7
Attachment number 3
Page 3 of 7
10, CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, on or before 30 days following execution by Buyer, unless
extended by other provisions of this contract. If either party is unable to comply with any provision of
this contract within the time allowed, and be prepared to close as set forth above, after making all
reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of
closing may be extended up to 60 days without effect upon any other term, covenant or condition
contained in this contract.
11, CLOSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as all
or any may be applicable, for property execution by the respective party.
12, CLOSING EXPENSES
The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments.
Buyer shall pay recordation of the deed.
13, PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Assessments for any improvements that
are substantially complete at time of closing shall be paid in full by Seller.
14, OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. Seller agrees to deliver occupancy of the Property to Buyer at time of closing unless otherwise
stated herein, subject only to provisions of that Lease Agreement, as amended by that First
Amendment To Lease Agreement of even date herewith, both appended hereto as EXHIBIT "B", and
by this reference made an integral part hereof.
15, PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than as disclosed herein in Paragraph 21 ("SELLER WARRANTIES") and
marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented
in either subparagraph 1. a. or b. as marked [X].
Item l#ag~ 3 of 7
Attachment number 3
Page 4 of 7
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property
in its present "as is" condition.
b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 21 days following the
Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use.
Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for
the purposes of conducting the inspections provided, however, that all such persons enter the Property
and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice,
provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against the Property without
Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to
expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer. If this transaction does not close, Buyer agrees, at Buyer expense,
to repair all damages to the Property resulting from the inspections and investigations and return the
Property to its present condition.
16, WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer
obligations under Paragraphs 14 and 15 and to insure that all real Property, together with all permanent
improvements, fixtures and attachments thereon and therein are in and on the premises. No new
issues may be raised as a result of the walk-through.
17, SELLER HELD HARMLESS
Buyer, being self insured, and subject to the limits of liability and restrictions of Florida Statute 768.28,
agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the
inspections and investigations described in Paragraph 14(b) resulting from Buyer's own negligence
only, or that of its employees or agents only, subject and to the extent permitted to F. S. 768.28 and the
doctrine of sovereign immunity.
18, RISK OF LOSS
If the Property is improved, and improvements are damaged by fire or other casualty before closing and
cost of restoration does not exceed 3% of the Purchase Price of the Property, cost of restoration shall
be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with
restoration costs escrowed at closing. If the cost of restoration of the improvements exceed 3% of the
Purchase Price, Buyer shall have the option of either taking the Property "as is", together with either the
applicable corresponding percentage of any insurance proceeds payable by virtue of such loss or
damage, or of canceling this contract.
19, PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by the
closing agent or by such other mutually acceptable escrow agent for a period of not longer than 5 days
from and after closing, during which time evidence of title shall be continued at Buyer's expense to
Item I#ag~4 of 7
Attachment number 3
Page 5 of 7
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
20, DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
21, SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Specify known defects If none are known, write "NONE"
If no entry, it shall be deemed that "NONE" has been entered)
Buyer shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to
investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will
close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract.
If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any
objection to the disclosed matters and shall have the obligation to close on the contract.
22, RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(5), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your County public health unit.
Item l#ag~ 5 of 7
Attachment number 3
Page 6 of 7
23, CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context perm its,
singular shall include plural and one gender shall include all.
24, NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, or the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract with
copy provided to the parties hereto.
25, ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, and
successors.
26, ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
27, TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
28, EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
29, GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
30, COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsim ile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
Item I#ag~6 of 7
Attachment number 3
Page 7 of 7
31, ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
EXECUTED this
day of
,2008.
CLEARWATER COUNTRY CLUB
MANAGEMENT, INC,
By:
Robert Coffey, President
Print Name
Secretary
APPROVED & EFFECTIVE this
day of
,2008
CITY OF CLEARWATER, FLORIDA
Countersigned:
Frank V. Hibbard
Mayor
By:
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item l#ag~ 7 of 7
LOCATION
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Cart Barn
QUANTITY
1
1
1
1
4
3
1
1
1
1
1
1
100
2
2
1
2
25
1
3
1
1
1
1
1
2
1
1
1
1
1
1
1
6
3
3
1
1
1
1
1
3
1
1
1
1
1
1
1
9
15
2
Attachment number 4
Page 1 of 5
Exhibit "c"
CCC Golf Course Equipment Inventory
September, 2008
DESCRIPTION
Hdcp & Tournament PC
Dell Monitor
HP 5150 Printer
Electric Pencil Sharpener
Chairs w/rollers
Small 22" tables
Animal Headcover display
Folding card table
Folding 6' table
Wooden TV table
Greeting card dislplay
Slotwall installation 4' x 32.5'
Miscellaneous slotwall display fixtures
Freestanding slotwall displays
2-way slant arm displays
Chrome semi-spiral display
Metal grid display
Metal grid display fixtures
Antique dresser
Mannequins
Wooden golf club display
Belt display
Glass showcase/counter
Freestanding PC cabinet
Fixed PC cabinet
Sunglass displays
Sonartec club display
FJ sock display
Kodak AII-In-One printer
3 drawer printer stand
PC w/AMD64 processor
Clover digital video recorder w/3 cameras
30" x 12" x 72" bookshelf
Cork bulletin boards
Dry-erase boards
18" x 36" x 73" metal storage racks
24" x 48" x 72" metal storage rack
Metal 4-drawer file cabinet letter
Metal 2-drawer file cabinet legal
Chalk Board
2 level metal lockers
Spools nylon rope
4 drawer metal cabinet 17" x 38" x 31"
Club repair workbench w/4.5" vise
Golf club washer
32" pedestal fan
20" pedestal fan
Toaster
Microwave
Rubbermaid 32 gallon trash containers
Wooden club storage racks
Wooden storage cabinets
Item # 10
LOCATION
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Ladies RR
Ladies RR
Ladies RR
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
QUANTITY
1
1
1
1
1
1
1
1
1
55
1
4
10
14
32
300
4
5
1
10
5
6
1
1
1
1
1
4
1
1
2
4
5
1
2
6
1
7
Attachment number 4
Page 2 of 5
DESCRIPTION
Frigidair "Gallery" commercial washer
Frigidair "Gallery" commercial dryer
Metal tool storage cabinet 68" x 18" x 36"
Workbench w/5.5" vise
Rangemate range ball washer
13 gallon / 4HP air compressor
Portable air tank
CLUB CAR CARRY ALL-1 RANGER PICKER
SIN. GANG BALL PICKER (PUSH)
Electric Club Car Carts w/accessories
Beverage Cart
large round tables
medium round tables
small round tables
4-top tables
dining room chairs
2-top tables
2' round tables
large ice salad bin
banquet tables
8' rectangular tables
6' rectangular tables
clock
Wurlitzer Piano
portable bar
flag with pole
sneeze guards
room dividers (planters)
CD player
metal utility shelf
vacuums
ladders
TV's
si Iverware/plates/g lasses
sound system
framed pictures
45'x45' portable dance floor
plastic room dividers
Small table with planter
large mirror
swievel chair
2002 TRI-PLEX Greens Mower JAC
2002 TRI-PLEX Greens Mower JAC
1999 TRI-PLEX Tee & Collar Mower JAC
1998 TRI-PLEX Tee & Collar Mower JAC
Toro Tri-plex Greens Mower
Toro Tri-Plex Greens Mower
6500 Fairway Mower
STEINER MOWER w/boom mower
2002 TaRO 3100-0
2002 TaRO 3100-0
2000 TaRO Reel Master 6500-0
2000 TaRO 6500-0
TaRO Groundmaster 7200
TaRO Groundmaster 7200
STEINER MOWER
TaRO 5-GANG REELMASTER
2
Item # 10
LOCATION
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
QUANTITY
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
2
4
1
1
1
1
1
1
1
1
1
5
4
5
1
1
1
2
1
1
1
1
2
1
1
2
2
Attachment number 4
Page 3 of 5
DESCRIPTION
TORO 5-GANG REELMASTER
Jac 5-GANG ROUGH MOWER
TORO SandPro
SPIKER REELS (1 set of 3)
VERTICUT REELS (1 set of 3)
CASE Loader 570 XL
JOHN DEER TRACTOR (2040)
Ford 3000 TRACTOR
JOHN DEER TRACTOR (2155)
FORD-600
CLUB CAR Carryall-11
CLUB CAR Turf 11
CLUB CAR Turf 11
CLUB CAR ALL 11
CLUB CAR ALL 11
CLUB CAR Turf 11
CLUB CAR Turf 11
CLUB CAR Carry-all Turf 2
ISUZU TRUCK
Toyota Tacoma Truck
FLAT BED TRAILER
3-WHEEL CUSHMAN
TORO WORKMAN 3100
TORO WORKMAN 3200
TORO PRO SWEEP 5200
SMITHCO 300
25-GAL. SPRAYER 12V
15-GAL. SPRAYER 12V
RIDGEWAY FOAMER W/PUMP
RIDGEWAY FOAM TANK ASSY. W/PUMP
RAVEN CONTROL UNIT COMPLETE
LESCO WALK SPREADER
LESCO COMBO DROP/CYCLONE SPREADER
VICON SPREADER
TY-CROP QUICK PASS 300 Top Dresser
TY-CROP MH-400
w/TyCrop Attachment Twin Spinner, Conveyer Belt
SM. GANDY SPREADER
DRAG MAT W/ ATTACHMENT
GREENS GROOMER DRAG BRUSH
TORO AERATOR
office desks
office chairs swievel
cushioned office chairs
postage machine
telephones and system
portable telephone
desk top printers
networking computer system
phone answering system
copier
laser printer
4-drawer metal file cabinets
safe
4-shelf metal bookcase
2-d rawer metal file cabinets
biege metal file cabinet/drawer 4' wide
3
Item # 10
LOCATION
Office
Office
Office
Closet
Closet
Closet
Closet
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
QUANTITY
1
1
2
5
2
1
12
4
1
1
1
1
5
2
14
52
12
2
1
1
3
1
1
1
1
1
1
1
1
1
1
3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
6
2
1
Attachment number 4
Page 4 of 5
DESCRIPTION
shredder
fax
6' metal utility shelves
Utility shelf units
wheel chairs
podium
table skirts
TV's
si Iverware/plates/g lasses
planter
numerous picures and plaques
beer tap
metal utility shelves
hot dog machine
soup warmer
small refrigerator
bar stools
chairs
tables
bar mixer
STIHL CHAIN SAW
STIHL 40" TRIMMER
HEDGE TRIMER
STIHL CHAIN SAW
STIHL QUICK CUT SAW
ELECTRIC WATER PUMP (irrigation)
MANUAL ROLLER
PRESSURE WASHER
PRESSURE WASHER (Green Mowers)
BOAT-10ft/woars
SKID MOUNT GENERATOR
WHEEL BARREL ONE-WHEEL
WHEEL BARREL TWO-WHEEL
GAS WELD OUTFIT
L.P. GAS BOTTLES
MAKITA CHOP SAW
HAND CART
PORTABLE AIR TANK
HYD. SHIP PRESS
BATTERY CHARGER
SAW-ZALL
MAKITA ELECTRI DRILL
MAKITA CORDLESS DRILL
HPZ RIVOT SET
SAND BLASTER
VISE IN YARD
VISE IN SHOP
TIRE CHANGER
OIL CRUSHER
CHAIN HOIST GREY-SHOP
HYD. FLEET JACK Grey
HYD. PALLET JACK
2-T FLOOR JACK Black Hawk
FLOOR JACK (orange)
JACK STANDS
INFRARED HEATER
STIHL POLE SAW
4
Item # 10
LOCATION
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Hall
Hall
Hall
Hall
Hall
Hall
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Card Room
Card Room
Card Room
Card Room
QUANTITY
2
7
1
1
1
2
1
1
1
2
1
1
1
1
1
1
7
1
1
1
1
1
1
5
1
5
1
13
1
2
1
2
1
1
3
7
1
1
2
1
1
2
1
1
15
1
1
2
1
1
2
8
1
24
1
Attachment number 4
Page 5 of 5
DESCRIPTION
JACOBSEN PUSHMOWER
Stihl Line TRIMMER
SHINDIAWA STRING EDGER
SHINDIAWA BLADE EDGER
TRENCHER
REDMAX RECIPICATOR
STIHL BLOWER
STIHL CHAIN SAW
SHOP VAC
FAN (shop) CIRCULATOR
ICE-BOX-Frig.
STIHL BG BLOWER
STIHL BAK PACK BLOWER
MILWALKEE GRINDER
MISCELLANOUS TOOLS & EQUIPMENT
SHOP HEATER
TORO 1000 WALKING GREENS MOWER
CRANE PUMP HOUSE
BOOSTER PACK
TROLLEY
BACK BLOWER
MEASURING WHEEL
Toro 660 Pro Core Aerator
cushion chairs
sofa table
planters on wheels
table top planter
framed pictures
Ice well/water dispenser
convection oven
hobart mixer
gas fryers
ice well
trash cans
reach-in coolers
prep tables
computer
printer
chairs
desk
steam table with heat lamps
conveyor belt toasters
large red food warmer
alto sham
metal utility shelves
dish warmer
food warmer
microwaves
ice cream cooler
bread warmer
BBQ grills
4-top tables
round table
Burgundy Cushioned chairs on wheels
TV
5
Item # 10
LOCATION
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Pro Shop
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Bag Room
Cart Barn
QUANTITY
1
1
1
1
4
3
1
1
1
1
1
1
100
2
2
1
2
25
1
3
1
1
1
1
1
2
1
1
1
1
1
1
1
6
3
3
1
1
1
1
1
3
1
1
1
1
1
1
1
9
15
2
Attachment number 5
Page 1 of 5
Exhibit "A"
CCC Golf Course Equipment Inventory
September, 2008
DESCRIPTION
Hdcp & Tournament PC
Dell Monitor
HP 5150 Printer
Electric Pencil Sharpener
Chairs w/rollers
Small 22" tables
Animal Headcover display
Folding card table
Folding 6' table
Wooden TV table
Greeting card dislplay
Slotwall installation 4' x 32.5'
Miscellaneous slotwall display fixtures
Freestanding slotwall displays
2-way slant arm displays
Chrome semi-spiral display
Metal grid display
Metal grid display fixtures
Antique dresser
Mannequins
Wooden golf club display
Belt display
Glass showcase/counter
Freestanding PC cabinet
Fixed PC cabinet
Sunglass displays
Sonartec club display
FJ sock display
Kodak AII-In-One printer
3 drawer printer stand
PC w/AMD64 processor
Clover digital video recorder w/3 cameras
30" x 12" x 72" bookshelf
Cork bulletin boards
Dry-erase boards
18" x 36" x 73" metal storage racks
24" x 48" x 72" metal storage rack
Metal 4-drawer file cabinet letter
Metal 2-drawer file cabinet legal
Chalk Board
2 level metal lockers
Spools nylon rope
4 drawer metal cabinet 17" x 38" x 31"
Club repair workbench w/4.5" vise
Golf club washer
32" pedestal fan
20" pedestal fan
Toaster
Microwave
Rubbermaid 32 gallon trash containers
Wooden club storage racks
Wooden storage cabinets
Item # 10
LOCATION
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Cart Barn
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Dining
Ladies RR
Ladies RR
Ladies RR
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
QUANTITY
1
1
1
1
1
1
1
1
1
55
1
4
10
14
32
300
4
5
1
10
5
6
1
1
1
1
1
4
1
1
2
4
5
1
2
6
1
7
Attachment number 5
Page 2 of 5
DESCRIPTION
Frigidair "Gallery" commercial washer
Frigidair "Gallery" commercial dryer
Metal tool storage cabinet 68" x 18" x 36"
Workbench w/5.5" vise
Rangemate range ball washer
13 gallon / 4HP air compressor
Portable air tank
CLUB CAR CARRY ALL-1 RANGER PICKER
SIN. GANG BALL PICKER (PUSH)
Electric Club Car Carts w/accessories
Beverage Cart
large round tables
medium round tables
small round tables
4-top tables
dining room chairs
2-top tables
2' round tables
large ice salad bin
banquet tables
8' rectangular tables
6' rectangular tables
clock
Wurlitzer Piano
portable bar
flag with pole
sneeze guards
room dividers (planters)
CD player
metal utility shelf
vacuums
ladders
TV's
si Iverware/plates/g lasses
sound system
framed pictures
45'x45' portable dance floor
plastic room dividers
Small table with planter
large mirror
swievel chair
2002 TRI-PLEX Greens Mower JAC
2002 TRI-PLEX Greens Mower JAC
1999 TRI-PLEX Tee & Collar Mower JAC
1998 TRI-PLEX Tee & Collar Mower JAC
Toro Tri-plex Greens Mower
Toro Tri-Plex Greens Mower
6500 Fairway Mower
STEINER MOWER w/boom mower
2002 TaRO 3100-0
2002 TaRO 3100-0
2000 TaRO Reel Master 6500-0
2000 TaRO 6500-0
TaRO Groundmaster 7200
TaRO Groundmaster 7200
STEINER MOWER
TaRO 5-GANG REELMASTER
2
Item # 10
LOCATION
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Maint. Area
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
QUANTITY
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
2
4
1
1
1
1
1
1
1
1
1
5
4
5
1
1
1
2
1
1
1
1
2
1
1
2
2
Attachment number 5
Page 3 of 5
DESCRIPTION
TORO 5-GANG REELMASTER
Jac 5-GANG ROUGH MOWER
TORO SandPro
SPIKER REELS (1 set of 3)
VERTICUT REELS (1 set of 3)
CASE Loader 570 XL
JOHN DEER TRACTOR (2040)
Ford 3000 TRACTOR
JOHN DEER TRACTOR (2155)
FORD-600
CLUB CAR Carryall-11
CLUB CAR Turf 11
CLUB CAR Turf 11
CLUB CAR ALL 11
CLUB CAR ALL 11
CLUB CAR Turf 11
CLUB CAR Turf 11
CLUB CAR Carry-all Turf 2
ISUZU TRUCK
Toyota Tacoma Truck
FLAT BED TRAILER
3-WHEEL CUSHMAN
TORO WORKMAN 3100
TORO WORKMAN 3200
TORO PRO SWEEP 5200
SMITHCO 300
25-GAL. SPRAYER 12V
15-GAL. SPRAYER 12V
RIDGEWAY FOAMER W/PUMP
RIDGEWAY FOAM TANK ASSY. W/PUMP
RAVEN CONTROL UNIT COMPLETE
LESCO WALK SPREADER
LESCO COMBO DROP/CYCLONE SPREADER
VICON SPREADER
TY-CROP QUICK PASS 300 Top Dresser
TY-CROP MH-400
w/TyCrop Attachment Twin Spinner, Conveyer Belt
SM. GANDY SPREADER
DRAG MAT W/ ATTACHMENT
GREENS GROOMER DRAG BRUSH
TORO AERATOR
office desks
office chairs swievel
cushioned office chairs
postage machine
telephones and system
portable telephone
desk top printers
networking computer system
phone answering system
copier
laser printer
4-drawer metal file cabinets
safe
4-shelf metal bookcase
2-d rawer metal file cabinets
biege metal file cabinet/drawer 4' wide
3
Item # 10
LOCATION
Office
Office
Office
Closet
Closet
Closet
Closet
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Grille
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
QUANTITY
1
1
2
5
2
1
12
4
1
1
1
1
5
2
14
52
12
2
1
1
3
1
1
1
1
1
1
1
1
1
1
3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
6
2
1
Attachment number 5
Page 4 of 5
DESCRIPTION
shredder
fax
6' metal utility shelves
Utility shelf units
wheel chairs
podium
table skirts
TV's
si Iverware/plates/g lasses
planter
numerous picures and plaques
beer tap
metal utility shelves
hot dog machine
soup warmer
small refrigerator
bar stools
chairs
tables
bar mixer
STIHL CHAIN SAW
STIHL 40" TRIMMER
HEDGE TRIMER
STIHL CHAIN SAW
STIHL QUICK CUT SAW
ELECTRIC WATER PUMP (irrigation)
MANUAL ROLLER
PRESSURE WASHER
PRESSURE WASHER (Green Mowers)
BOAT-10ft/woars
SKID MOUNT GENERATOR
WHEEL BARREL ONE-WHEEL
WHEEL BARREL TWO-WHEEL
GAS WELD OUTFIT
L.P. GAS BOTTLES
MAKITA CHOP SAW
HAND CART
PORTABLE AIR TANK
HYD. SHIP PRESS
BATTERY CHARGER
SAW-ZALL
MAKITA ELECTRI DRILL
MAKITA CORDLESS DRILL
HPZ RIVOT SET
SAND BLASTER
VISE IN YARD
VISE IN SHOP
TIRE CHANGER
OIL CRUSHER
CHAIN HOIST GREY-SHOP
HYD. FLEET JACK Grey
HYD. PALLET JACK
2-T FLOOR JACK Black Hawk
FLOOR JACK (orange)
JACK STANDS
INFRARED HEATER
STIHL POLE SAW
4
Item # 10
LOCATION
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Shop
Hall
Hall
Hall
Hall
Hall
Hall
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Kitchen
Card Room
Card Room
Card Room
Card Room
QUANTITY
2
7
1
1
1
2
1
1
1
2
1
1
1
1
1
1
7
1
1
1
1
1
1
5
1
5
1
13
1
2
1
2
1
1
3
7
1
1
2
1
1
2
1
1
15
1
1
2
1
1
2
8
1
24
1
Attachment number 5
Page 5 of 5
DESCRIPTION
JACOBSEN PUSHMOWER
Stihl Line TRIMMER
SHINDIAWA STRING EDGER
SHINDIAWA BLADE EDGER
TRENCHER
REDMAX RECIPICATOR
STIHL BLOWER
STIHL CHAIN SAW
SHOP VAC
FAN (shop) CIRCULATOR
ICE-BOX-Frig.
STIHL BG BLOWER
STIHL BAK PACK BLOWER
MILWALKEE GRINDER
MISCELLANOUS TOOLS & EQUIPMENT
SHOP HEATER
TORO 1000 WALKING GREENS MOWER
CRANE PUMP HOUSE
BOOSTER PACK
TROLLEY
BACK BLOWER
MEASURING WHEEL
Toro 660 Pro Core Aerator
cushion chairs
sofa table
planters on wheels
table top planter
framed pictures
Ice well/water dispenser
convection oven
hobart mixer
gas fryers
ice well
trash cans
reach-in coolers
prep tables
computer
printer
chairs
desk
steam table with heat lamps
conveyor belt toasters
large red food warmer
alto sham
metal utility shelves
dish warmer
food warmer
microwaves
ice cream cooler
bread warmer
BBQ grills
4-top tables
round table
Burgundy Cushioned chairs on wheels
TV
5
Item # 10
Attachment number 6
__ __ Page 1 of2
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Item # 10
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Attachment number 6
Page 2 of 2
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Item # 10
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Attachment number 7
Page 1 of 8
FIRST AMENDMENT TO LEASE AGREEMENT
THIS First Amendment to that certain Lease Agreement dated May 9, 2000,
recorded of public record on November 7, 2000, in O. R. Book 11114, page 1645,
Public Records of Pinellas County, Florida ("Lease") is hereby made and entered into
on ,2008, by and between the CITY OF CLEARWATER, a
Municipal Corporation of the State of Florida, whose address is Attn: Parks and
Recreation Director, P.O. Box 4748, Clearwater, FL 33758-4748, herein after referred
to as the "City" or "Lessor" and CLEARWATER COUNTRY CLUB MANAGEMENT,
INC., a Florida Non Profit Corporation, herein after referred to as the "Club" or "CCC" or
"Lessee", whose address is 525 Betty Lane North, Clearwater, FL 33755 (individually
referred to herein as "Party" or collectively as the "Parties").
WHEREAS, the City commissioned a study by the National Golf Foundation
which resulted in the Parties entering into the Lease Agreement for a certain City-owned
golf course property (the "Golf Course") as more particularly described in Exhibit "A"
(attached hereto and incorporated herein); and
WHEREAS, the Club owns property adjacent to the Golf Course upon which the
Golf Course clubhouse is located along with certain parking facilities and appurtenances
(the "Clubhouse" or "Clubhouse Property") as more particularly described in "Exhibit "B"
(attached hereto and incorporated herein); and
WHEREAS, the Club now desires to sell the Clubhouse Property to the City; and
WHEREAS, the City finds that it is in the best interest of the citizens of the City to
assemble the Golf Course and Clubhouse parcels through a purchase of the Clubhouse
parcel, which shall subsequently be included in the property to be leased back to the
Club under this Lease Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, the parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in
and form a part of this Agreement.
2. Section 1, Grant of Lease, Term Description and Option to Renew, is hereby
amended as follows:
The description of the Leased Premises (Exhibit "0") shall be amended to include
the Clubhouse Property, a 5.7 acre parcel having been purchased by the City from the
Club of even date herewith, more or less simultaneous hereto, as more particularly
described in Exhibit "B" attached hereto and incorporated hereby by reference.
Personal Property and Line of Credit: All personal property owned by Club as
inventoried in Exhibit "c" appended hereto, and by this reference made an integral part
1
Item # 10
Attachment number 7
Page 2 of 8
hereof, together with all future replacements or substitutions thereof, shall remain the
property of the Club and shall not convey to City. City shall, however, have a security
interest in such personal property in the form of a Uniform Commercial Code (UCC-1)
Financing Statement behind Liberty Bank which shall have a priority security interest in
such property to secure a line of credit in a maximum amount of $80,000, given in favor of
Lessee by Liberty Bank. Lessee hereby agrees to satisfy, in full, said line of credit and
obtain a release upon the secured Personal Property by Liberty Bank on or before
October 1, 2009. Failure to satisfy the line of credit and obtain a release of Liberty Bank's
UCC-I Financing Statement shall be a material breach of this Lease resulting in the City's
right to terminate this Lease and seek any and all remedies available to it. Lessee shall
cooperate and execute all documents necessary to fulfill the obligations set forth herein.
3. Section 5, AVAILABILITY OF GOLF TO THE PUBLIC, is hereby amended as
follows:
AVAILABILITY OF GOLF TO THE PUBLIC
The Club, in its operation of the course shall, at all times, subject to reasonable
rules and regulations common to other similar facilities in the area, make such course
available to the public who are not members of the Club 1!Qon payment of reasonable
green fees. The Club will, at all times, conduct its operation in such a manner as will be
conducive to greens fee play and will undertake any and all reasonable acts to insure
that the public is aware that such course is available for greens fee play and will make
reasonable efforts to see that the prevailing atmosphere at the Club will be such that
greens fee players will feel welcome to use the facility. The provisions of this paragraph
shall be a material part of this lease.
4. Section 8, Use and Care of Premises is hereby amended as follows:
The last sentence of paragraph 8 shall read as follows: Club and City Parks and
Recreation Director shall meet annually to discuss mutually agree upon a capital
improvement program to be implemented by the G-Itlb City at its discretion.
5. Section 14, BANKRUPTCY OR DEFAULT, CITY HAS OPTION TO
TERMINATE, is hereby amended as follows:
Should the Club hereinafter be adjudged bankrupt or become insolvent or in any
other way be financially unable to keep the covenants of this Lease, the City may at its
option, terminate the Lease, as though for breach of any other covenant. City may also
accelerate the option to purchase referenced herein and shall be assigned any rights
the Club may have in order for City to purchase.
6. Section 16, RE NT AL, is hereby deleted in its entirety and replaced with the
following:
2
Item # 10
Attachment number 7
Page 3 of 8
The Club shall pay to the City as base rental for the premises $200,000
annually, plus applicable sales tax. The said rental payments shall be paid in advance
to the City quarterly, beginning October 1, 2009.
The disposition of remaining funds will be at the discretion of the Board of
Directors of the Club, except that all funds must be used for the improvement of the
course and facilities or to establish suitable reserves for the maintenance and capital
improvements as provided for hereunder. Under no circumstances shall a profit be
made and distributed in any fashion or manner to Lessee, members, associates, or the
public.
7. Section 17, CITY'S OPTION TO PURCHASE CLUB PROPERTY, is hereby
deleted in its entirety and replaced with the following:
It is the intention of the Parties that the City shall purchase the real property and
improvements described in Exhibit "B" pursuant to that certain Purchase and Sale
Agreement ("Purchase Agreement") of even date herewith between the Parties. This
Lease Amendment and the Purchase Agreement are expressly contingent, each upon
the other, becoming effective. The Club will lease the land and facility back from the
City along with the Golf Course.
8. Section 18, OPERATION AND MEMBERSHIP REQUIREMENTS is hereby
amended as follows:
The Club agrees to operate the Clubhouse and related facilities located on the
properties described in Exhibit "B" as a semi-private facility subject to the right of
Clearwater residents to use the food, beveraqe, and rest room facilities in the same
manner as members, and greens fee players to use the food, beverage, and rest room
facilities during the day such players are using the course as further outlined
hereinafter. The Club covenants that membership in the Club, either social or golfing,
will be made available to the public. The Club, however, in accepting applications for
membership and admitting a member will be subject to the following guidelines and
restrictions:
A. For golfing and social membership, priority on a waiting list shall be given to
residents of the City who are applicants. If no City resident is on the waiting list for an
available membership, the said membership may be offered to the general public.
B. Membership shall be without discrimination based on race, religion, sex, age
or national origin.
C. The Club's By-Laws will conform with these membership requirements and
such By-Laws shall be continued during the term of this Lease.
D. A violation of these covenants by the Club shall constitute a substantial
default under the terms of this Lease.
3
Item # 10
Attachment number 7
Page 4 of 8
9. Section 19, INSURANCE, INDEMNIFICATION AND HOLD HARMLESS IS
hereby amended as follows:
The Club agrees to indemnify and hold the City and its employees harmless from
and against any and all claims, demands, and causes of action or lawsuits of whatever
kind or character arising directly or indirectly from this agreement or the performance
hereof. This indemnity clause includes, but is not limited to, claims, demands, causes
of action or lawsuits for damages or injuries to goods, wares, merchandise and property
and for any bodily or personal injury or loss of life in, upon or about the property.
The Club shall obtain at its own expense, and maintain during the term of this
agreement, the insurance coverages set forth below:
(1) Propertv Insurance Real property including improvements or additions
shall be insured.
3. .E2..url /\11 Risk Coverage Coverage shall be no more restrictive than that
afforded by the latest edition of Insurance Serves Office forms CF0011, CF0013,
CF0120, and CF1210. If available, sinkhole insurance is to be included. If the
provisions of the Club's All Risk Coverage do not include sinkholes and the
unavailability of such coverage is verified by the City's insurance consultants, the
Club shall be deemed to be in compliance with this paragraph.
b. Amount of Insurance The amount of coverage shall be the full insurable
value on a replacement cost basis.
c. Flood Insurance When building or structures are located within an identified
special flood hazard area, flood insurance shall be provided for the total insurable
value of such buildings or structures or the maximum of flood insurance coverage
available under the National Flood Insurance Program, whichever is less.
(2) Boiler and Machinerv Insurance If the buildings or structures include
boiler(s), pressure vessels(s), or air conditioning/heating equipment, the
club shall maintain comprehensive insurance covering loss on the
property included liability for damage to property of others.
3. Repair and Replacement
b. Amount of Insurance $1,000,000.00 per accident.
(1) Personal Property - The City shall not insure or self-insure loss to personal
property of Club. Club understands that it is solely responsible for such
losses reqardless of cause.
4
Item # 10
Attachment number 7
Page 5 of 8
{Jf 12.l Comprehensive General Liability - Coverage shall be afforded on a form
no more restrictive that the latest edition of the Comprehensive General
Liability policy filed by the Insurance Services Office and shall include:
a. Minimum limits of $1,000,000.00 per occurrence combined single limits
for bodily injury liability, personal injury, and property damage liability.
b. Premises and Operation.
g,. c. Independent Contractors.
G:- fl Products or Completed Operations.
4- ~ Personal Injury Coverage with employees and contractual exclusions
removed.
e:- f. Liquor Law Liability, if applicable.
f:- a. Golf carts or other golfing appurtenances, not owned by the Club but
brought onto the property by others.
t4t Ql Business Auto Policy - Coverage shall be afforded on a form no more than
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and shall include:
a. Minimum limits of $1,000,000.00 per occurrence, combined single
limits for bodily injury liability and property damage liability.
b. Coverage on all vehicles (owned, hired, and non-owned).
tat ill Workers Compensation - Coverage shall apply for all employees for
statutory limits in compliance with the applicable State and Federal laws.
In addition, the policy shall include employer's liability with a limit of
$500,000.00 for each accident. If the self-insured status of the Club is
approved by the State of Florida, the City agrees to recognize and accept
such status upon proof of such approval.
Other Requirements.
(1) The City shall be named as an additional insured on all insurance policies
required under this agreement.
(2) Copies of insurance certificates for all insurance required by the
agreement, and copies of all insurance policies covering insurance
required by this agreement, shall be furnished to the City Clerk of the City
prior to the use of the property.
5
Item # 10
Attachment number 7
Page 6 of 8
(3) Not less than sixty (60) days notice of cancellation or restricted
modifications of any insurance policy providing the coverage required by
this agreement shall be required on all insurance policies.
The City shall obtain at its own expense, and maintain durinq the term of this
aqreement. the insurance coveraqes set forth below:
(1) Property Insurance - The City shall Insure or self-insure the property
exposure to its buildinq as it deems fit.
10. Section 21, CLUB TO SUPPLY AUDIT BY C.P.A. is hereby amended as
follows:
The Club agrees for determination of the cash rental to be paid hereunder
purposes of auditinq and assurance of proper stewardship that it shall at least annually,
in each year from the term of this lease, at its own cost, furnish to the City a complete
audit of its operations, prepared by a Certified Public Accountant, together with such
interim accounts as may from time to time be requested. Such annual statement shall
be furnished within thirty (30) days after the end of the Club's fiscal year. The Club shall
further submit to the Parks & Recreation Director an annual report of course operation.
11. Section 24, WRITTEN CONSENT OF CITY NECESSARY FOR ANY
CHANGES, is hereby amended as follows:
Club must get City approval which shall not be unreasonably withheld to remove,
demolish, remodel or replace any building or other structure on the leased land or land
owned by the Club.
12. Section 25, DEFAULT BY CLUB ON ANY MORTGAGE CITY MAY
CONSTRUE IT AS A DEFAULT IN LEASE, is hereby deleted in its entirety and
replaced with the following:
The Club shall not enter into any loan or agreement obligating any portion of the
Facilities thereby creating additional debt or encumbrance on the Leased Property or
the Facilities. Other than as specifically provided for herein, the Club shall not further
encumber the Personal Property as inventoried in Exhibit "C", (as may be replaced or
substituted in the future).
13. Section 27, CLUB'S RIGHT TO CURE ANY ALLEGED DEFAULT WITHIN
30 DAYS OF WRITTEN NOTICE, is hereby amended as follows:
A default in the performance of a promise, covenant, or obligation shall constitute
a breach of this lease; provided, however, that such default shall not constitute such
breach as to terminate this lease until and after the Club fails to cure or to take
reasonable measure to cure such default within thirty (30) days after written notice of
6
Item # 10
Attachment number 7
Page 7 of 8
default has been served upon the Club. The City covenants that in the event this lease
is assigned to a mortgagee or mortgagees, as is herein provided, the City will likewise
give written notice to such mortgagee or mortgagees of said default and shall afford
such mortgagee or mortgagees the same period of time within which such default may
be cured without term ination of this lease; however, no such notice shall be necessary
unless such mortgagees shall have previously requested such notice in writing to the
City, in which event the failure of the City to give notice to any mortgagee shall not limit
its right to declare a default and termination of the lease.
14. Section 28, UPON DEFAULT LEASE IS TERMINATED AND CITY MAY
PURCHASE ASSETS, is hereby amended as follows:
If any default is not cured after notice, as above provided, either by the Club or
any mortgagee or assignee, then and in such event this lease shall be terminated and
the Club will become a tenant at will and the City will be entitled to purchase such
assets necessary for the operation of the golf course at fair market value subject to that
certain security interest in favor of Liberty Bank provided by CCC as security for a line of
credit existing at the inception of this Amendment.
15. Section 33, PROCURING SUPPLIES, is hereby added to read:
The City shall procure for and supply to the Club all qolf course and other facility
areas maintenance materials, includinq, but not limited to, fertilizer, insecticides,
pesticides, and sod, and other supplies necessary for the Club to discharqe its
maintenance obliqations hereunder, which shall be used to maintain the subiect
property only. The Club will reimburse the City for its out of pocket costs of these
supplies.
16. Section 34, CAPITAL IMPROVEMENT PROJECT, is hereby added to read:
The City shall establish an annual Capital Improvement Proiect fund, in the
amount of $50,000, and shall conduct capital repairs, refurbishment. restoration and
replacement as determined by the City in its sole discretion, with the City providinq the
final determination as to such repairs, and within the restrictions of any applicable
approved City budqet. to keep the facility at a level that is acceptable for other similar
City facilities and buildinqs. The Club shall continue to maintain its existinq CIP fund (in
addition to the City's CIP fund as described above), of at least $50,000, which shall be
administered by the Club, in its discretion for capital improvements at the qolf facility.
17. Section 35, RADON GAS NOTICE, is hereby added to read:
In accordance with provisions of Section 404.056(5), Florida Statutes (1989), as
amended, Lessee is hereby informed as follows:
RADON GAS: Radon is a naturally occurrinq radioactive qas that. when it has
accumulated in a buildinq in sufficient quantities, may present health risks to persons
7
Item # 10
Attachment number 7
Page 8 of 8
who are exposed to it over time. Levels of radon that exceed federal and state
quidelines have been found in buildinqs in Florida. Additional information reqardinq
radon and radon testinq may be obtained from your County public health unit.
18. Section 36, ASSIGNABILITY OF LEASE, is hereby added to read:
This lease may not be assiqned in part or whole to any other entity, any such
attempted assiqnment shall render this Lease null and void in its entirety.
All other terms and conditions of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
CLEARWATER COUNTRY CLUB
MANAGEMENT, INC.
By:
Printed Name:
President
By:
Printed Name:
Secretary
8
Item # 10
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the
City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and
suthorize the appropriate officials to execute same. (consent)
SUMMARY:
Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service along the City's beach communities
and downtown for 15 years.
The current one-year funding agreement expired on September 30, 2008.
Included in the 2009 City budget is funding in the amount of $150,000 for trolley service to the beach communities.
The Parks and Recreation Department will continue to administer compliance of the agreement.
Type:
Current Year Budget?:
Operating Expenditure
Yes Budget Adjustment:
None
Budget Adjustment Comments:
This item has been previously budgeted by City Council.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$150,000
$150,000
2008 to 2009
Annual Operating Cost:
Total Cost:
$150,000
$150,000
Appropriation Code
0010-07000-530300-519-
000-0000
Review
Approval:
Amount
$150,000
Appropriation Comment
General Fund
1) Office of Management and Budget 2) Legal 3) Parks and Recreation 4) Office of Management and
Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 4
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT
This Jolley Trolley System Funding Agreement is made and entered into this day of
, 2008, between the City of Clearwater, hereinafter referred to as the ("City") and
the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit
corporation, hereinafter referred to as the ("Corporation").
ARTICLE I. TERM
The term of this agreement shall be for a period of one (1) year commencing on October 1, 2008,
and continuing through September 30, 2009, (the "Termination Date"), subject to annual budgetary
appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of
this agreement.
ARTICLE II. RESPONSIBILITIES OF THE CORPORATION
1) Services to be Provided. The Corporation shall provide the transportation services to
promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand
Key, as described in Exhibit A.
2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups
which will be no more than 25 minutes apart (conditions permitting).
3) Posted Route Schedules. The Corporation shall provide posted route times at selective
pick-up locations listing scheduled pick-up times.
4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms
990 and 990T certified by independent Certified Public Accountant within 90 days of the end
of the fiscal year to the Parks and Recreation Director. The financial report is to set forth the
total cost of operations provided, and the detailed account of operational costs funded in part
by the City.
5) Use and Disposition of Funds Received. Funds received by the Corporation from the City
shall be used towards the payment of expenses attendant to the operation of the Trolley
System.
6) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. The Corporation shall create, maintain and make accessible
to authorized City representatives such financial and accounting records, books,
documents, policies, practices and procedures necessary to reflect fully the financial
activities of the Corporation. Such records shall be available and accessible at all
times for inspection, review or audit by authorized City personnel, and shall be made
available in accordance with Chapter 119, Florida Statutes (Public Records) and
other applicable law.
b) Use of Records. The Corporation shall produce such reports and analyses that may
be required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
c) Maintenance of Driver's Log and Check Point System. The Corporation agrees
to maintain a driver's log and a check point system to document compliance with the
agreed upon schedule. Changes to these attached schedules are at the discretion
of the Corporation Board of Directors, but will be submitted to the City at least two
weeks prior to implementation. Any change, or series of changes, which will cause
Item # 11
Attachment number 1
Page 2 of 4
more than a 25% reduction in the routes may, at the discretion of the City Council,
be considered a failure to adhere to the terms of the contract and may be grounds
for reducing the funding commitment or may be considered cause for termination of
the contract.
d) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the applicable
fiscal year.
7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation
for itself, agents and representatives, as part of the consideration for this agreement does
covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination in the operation of this
program on the grounds of race, color, religion, sex, handicap, age or national origin.
b) No Exclusion from Hire. In the management, operation, or provision of the program
activities authorized and enabled by this agreement, no person shall be excluded
from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discrimination on the
grounds of race, color, religion, sex, handicap, age, or national origin, except that
age may be taken into consideration to the extent that the age of an employee is a
bona fide occupational qualification, as permitted by law.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-
contracts.
d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the
right to terminate this agreement immediately.
8) Liability and Indemnification. The Corporation shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence of the City or City's agents or employees. This includes,
but is not limited to, matters arising out of or claimed to have been caused by or in any
manner related to the Corporation's activities or those of any approved or unapproved
invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the
Corporation whether or not based on negligence. Nothing herein shall be construed as a
consent by the City to be sued by third parties, or as a waiver or modification of the
provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign
Immunity.
9) Compliance with Laws. Corporation shall comply with all federal, state, county and local
laws, rules and regulations applicable to the operation of the vehicles. If it is ever
determined that this Agreement violates any federal, state, county or local laws, rules or
regulations, then Corporation shall comply in a timely manner or City may terminate.
10) Corporation's Role in the Development and Revitalization of Clearwater Beach. It is
contemplated by the Parties hereto that in consideration for the funding provided by the City,
2
Item # 11
Attachment number 1
Page 3 of 4
the Corporation's role in providing trolley service shall be promoted as a tourist amenity and
enhancement in furtherence of the development and revitalization of Clearwater Beach. To
that end, the Corporation agrees to cooperate and work with City staff to develop the
Corporation's role as integral to such revitilization and development and as a catalyst for
tourism.
ARTICLE III. RESPONSIBILITIES OF THE CITY
A) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part
the operational costs incurred in providing the activities and services authorized by this
agreement as follows:
. An annual amount of $150,000 for providing trolley service on Clearwater Beach, Island Estates
and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A.
. Payable in equal payments of 1/12 per month per fiscal year.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties.
No representations or warranties by either party shall be binding unless expressed herein or in a
duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect
shall constitute cause for termination. Either party may terminate this Agreement for cause
by giving the other party sixty (60) days notice of termination. If the default is not cured
within the sixty (60) day period following receipt of notice, this Agreement shall terminate on
the sixty-first (61 st) day.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this Agreement shall be
returned to the City within 30 days of demand.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1 )
If to Corporation, addressed to:
Jolley Trolley Transportation of Clearwater, Inc.
483 Mandalay Avenue, Suite 213
Clearwater, FL 33767
2)
If to City, addressed to:
City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
3
Item # 11
With copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
And
Parks and Recreation Director
P.O. Box 4748
Clearwater, FL 33758-4748
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date below written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,2008.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
JOLLEY TROLLEY TRANSPORA TION
OF CLEARWATER, INC.
By:
Its
Attest:
4
Attachment number 1
Page 4 of 4
day of
Item # 11
~OLLEY TROLLEY ROUTE MAP
EXISTING TROLLY ;ROUTES
i
~~earwater Beach Trolley
'"
1!l1l!!l['!!j1m1m..I!!lI!!!lQ!lImii!!1!!l1!l
!
IsiaBd EstateslDown.town Trolley {""
/L6lBilI2ilI!!lIiZJIiZlIl!!lIl!!lIl!!lGElIiZJ
Trolley schedule averages about every'twenty-five minntes for the BeaclJ.
Rou.te u.d every twenty-five mlll.u~ for the DowntoWDlI8iaD.d Estates Route
{
Item # 11
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) for $411,264.00 to Duval Ford of Jacksonville, Florida for (16) Ford Crown Victoria Police Cruisers
in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master
Lease Purchase Agreement and authorize appropriate officials to execute same.
SUMMARY:
These automobiles will be purchased through the Florida Sheriffs Association & Florida Association of Counties Contract #08-16-0908
These automobiles are included in the Garage ClP Replacement List for Budget Year 08/09 and replace G1502, G2087, G2088, G2228,
G2235, G2387, G2390, G2393, G2514, G2515, G2527, G2534, G2624, G2626, G2682, G2790.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Purchase
Yes
Budget Adjustment:
None
$142,571.52
Annual Operating Cost:
Total Cost:
$86,144.00
$228,715.52
2008 to 2009
Appropriation Code
0316-94234-564100-519-
000-0000
Amount
$411,264.00
Appropriation Comment
LIP ClP
Review
Approval:
1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 12
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a one-year $290,000.00 blanket purchase order to ITT Water & Wastewater of Tampa, Florida, for Flygt Pumps, replacement
parts and factory authorized service and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Flygt Pumps are standardized by the Water Pollution Control Division for submerged internal recycle and backwash applications and by
the Maintenance Division for lift station pump applications because it expedites repairs, replacements and maintenance, and eliminates
excessive equipment downtime without the greater cost of retrofit and redesign. ITT Water & Wastewater is sole source for Flygt
pumps, replacement parts and factory authorized service.
This blanket purchase order will cover the period November 1,2008 to October 31, 2009, replacing the one-year Wastewater
Collections blanket purchase order that ends on October 31,2008 and the Water Pollution Control Division blanket purchase order that
began August 1, 2008. Combining purchase orders for both divisions will expedite the purchasing process. Projected annual usage,
based on the combined average usage rate is $271,495.39.
Sufficient budget is available in the Water & Sewer Utility Fund, WPC operating cost center 0421-01351-550400-535-000-0000 to fund
$146,373.63 of the FY08/09 cost and is planned in the budget request to be brought forward for FY09/10 in the amount of $13,626.37
and in the Maintenance operating cost center 0421-01347-550400-535-000-0000 to fund $118,928.57 of the FY08/09 cost and is
planned in the budget request to be brought forward for FY09110 in the amount of $11,071.43.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
Yes Budget Adjustment:
None
265,302.20
Annual Operating Cost:
Total Cost:
265,302.20
to
Appropriation Code
0421-01351-550400-535-
000-0000
0421-01346-550400-535-
000-0000
Amount
160,000.00
Appropriation Comment
see summary section
130,000.00
see summary section
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Item # 13
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Item # 13
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept a 2,592 square foot perpetual Fire Hydrant and Utility Easement over, under and across a portion of Lot 11, Block C,
COACHMAN HEIGHTS REPLAT, conveyed by Clearwater Hospitality Properties, LLC, given in consideration of receipt of $1.00
and the benefits to be derived therefrom. (consent)
SUMMARY:
Clearwater Hospitality Properties, LLC ("Grantor") has completed construction of the new 115-unit Residence Inn Marriott at 940
Court Street.
Issuance of a certificate of occupancy for the property was conditioned, among other requirements, upon Grantor conveying sufficient
easement for the City to service and maintain a fire hydrant and service line within the northerly limits of the development site.
The subject easement complies with the permitting requirement and grants the City sufficient authority to maintain its water and hydrant
facilities within the easement area.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 5
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 15-29-15-16830-003-0010
II
FIRE HYDRANT & UTILITY EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1,00) in hand paid to it, the receipt
of which is hereby acknowledged, and the benefits to be derived therefrom,
CLEARWATER HOSPITALITY PROPERTIES, L.L.C., a Delaware limited liability company
c/o The Clarkson Company
3100 University Boulevard South, Suite 200, Jacksonville, FI. 32216
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive easement over, under and across the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 11, Block C, COACHMAN HEIGHTS REPLAT, according to the map or
plat thereof as recorded in Plat Book 20, Page 26, Public Records of Pinellas County,
Florida, together with the South half of vacated Haven Street abutting thereon, as more
particularly described and depicted in WilsonMiller Legal Description and Sketch thereof
dated 9/10/08 as appended hereto and by this reference made a part hereof,
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary a fire hydrant and
potable water service line and all related utilities (the "facilities"), Grantee shall have full authority to
inspect and alter all facilities from time to time within said easement premises, In the time-to-time
exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the
easement premises to equal or better condition as existed prior to the exercise of such rights.
Grantor warrants and covenants with Grantee that it is the owne~ of fee simple title to the herein
described easement premises, and that Grantor has full right and lawful authority to grant and convey
this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and
enjoyment of this easement.
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and assigns, The
rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the
written mutual agreement of both parties, or by abandonment of the easement premises by Grantee.
C:\Documents and Settings\Bob Clarkson\My Documents\CHG-Clearwater\CLW HOSPITALITY PROPS F H & UTIL
EAS.071408.doc
Item # 14
Attachment number 1
Page 2 of 5
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this day of , 2008.
CLEARWATER HOSPITALITY PROPERTIES, L.L.C" a
Delaware limited liability company
By: Clearwater Properties, Intermediary, L.L.C., a
Delaware limited liability company, its managing
member
BY: Southeast Hospitality Properties, L. L. C., a
Delaware limited liability company, as Sole
Member
By:
Clarkson Platform Venture I, L.L.C.,
a Florida limited liability company, as
Administrative Member
Signed, sealed and delivered
in the presence of:
By: The Clarkson Company, a
Florida corporation, as Manager
~J.Atl.Jd,;...u .-/J4nLA
WITNESS signature
GY-LJd/~~ I1I-t9,v,J
Print Witness Name
.-
STATE OF FLORIDA:
: ss
COUNTY OF DUVAL:
The foregoing instrument was acknowledged before me this 1 ~ -H'I day of .6e.pfe.-117 h e-r ,
2008 by Robert W. Clarkson, as President of The Clarkson Company, Manager of Clarkson Platform
Venture I, L.L.C., the Administrative Member of Southeast Hospitality Properties, L.L.C., which is the
sole member of Clearwater Properties Intermediary, L.L.C., which -is the managing member of
Clearwater Hospitality Properties, L. L. C., a Delaware limited liability company, who executed the
foregoing instrument on behalf of said limited partnership, and who acknowledged the execution
thereof to be his free act and deed for the uses and purposes therein expressed, and who [vi is
personally known to me or who [ ] provided as identification,
~ 0 [{J~L
, a,Pu I~C - t ~IOrida
Typ IPrint Name
My Commission Expires: 5'/'3/..?-ot>'1
~OTARY PUBUC.stATE OF FL,~
~-~' ' Hope A. WaU,\
, . Commission # D))4,,'34 b" I
, Expires: MAY '3, ;(ooq
Bonded Tb.r:u Atlantic Bonllins i.,"".
C:\Documents and Settings\Bob Clarkson\My Documents\CHG-Clearwater\CLW HOSPITAUTY PROPS F H & UTIL
EAS.071408.doc
Item # 14
DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY
POINT OF
BEGINNING
THE NORTHEAST CORNER
or LOT 11, BLOCK C
-------------------------------
~
S 44'10'3O"E
25,78"
N 45+9'3O"E
27.+9'
S 88"59'II"E
- - ""'.29- -
~
LtJ
~ =>>15
N. ~ IL
;.,8~~
SN~ ,
"-
III 00
z..!.
~~ I
· I ~.
W
30'
N 88"59'11 W
57.<<'
LOT 1
BlOCK C
N 88"59'11 W
56.72'
S 45"49'3O"W
24.67'
LOT 11
BlOCKC
LOT 2
BLOCK C
LOT 12
BLOCK C
COACHMAN HEIGHTS REPLAT
(PLAT BOOK 20, PAGE 26)
1
SCALE: 1.-40'
~
0' 10' 2(f 4It
Ill'
~.,' ...
,"':,'< .....
PROJECT: DOWNTOWN ClEARWATER RESIDENCE INN
CUENT: THE CLARKSON COMPANY
.""'iller ~~::...
,.,... . --. ' ,.,.... . .".,.. . ".....". An:MoolI ' ~_
1MlwlnUIw, ft:.
..... ........ . ..- . _. ~ .-
---- ~-- -- ""'....... ----
. . x; au' 1 .c ..ment
C:\Documents and Settings\Bob Clarkson\My Documents\CHG-Clearwater\CLW HOSPITALITY PROPS F H & UTIL
EAS.071408.doc
Attachment number 1
Page 3 of 5
. I.
Item # 14
DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY
Description:
niAT PART OF:
Lot 11, Block C of Coachman Heights Replot according to the map or plot thereof os
recorded in Plot Book 20, page 26 of the Public Records of Pfnellas County, Florida,
together with the South half of vacated Hoven Street abutting thereon,
LYING WITHIN THE FOLLOWING METES AND BOUNDS DESCRIPTION:
Begin at the Northeast comer of Lot 1" Block C of Coachman Heights Replot according
to the mop or plot thereof as recorded in Plot Book 20, page 26 of the Public Records
of Pinellos County, Florida, and run thence SOO'03'20"W, along the West right-of-way line
of Ewing Avenue (0 30' platted street), 2.00 feet; thence deporting said right-of-way line,
N88'59'11.W, 57,44 feet: thence S45'49'3O"'W, 24.67 feet; thence N88'59'11.W, 56.72 feet: thence
N44'1 o'3O"w, 31.96 feet: thence N4S49'3o"E, 15,00 feet; thence 544'10'3O"E, 25.78 feet: thence
588'59'11.E, 44,29 feet; thence N45'49'3o"E, 27.49 feet; thence 588'59'11.E, 61,41 feet to a
point of Intersection with the aforementioned West right-of-way line of Ewing Avenue; thence
500'03'2o"W, along said West rlght-af-way line. 15.00 feet to the POINT OF BEGINNING.
Containing 0.060 acres (2,592 square feet), more or less,
NOTES:
1. THIS DESCRIPTION Sl<ETCH IS NOT VAUD v"THOUT niE ORIGINAL SIGNATURE AND
EMBOSSED RAISED SEAL OF THE FLORIDA UCENSED SURVEYOR AND MAPPER STATED
BELOW.
2. THIS DESCRIPTION SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION.
nilS MUST BE CONSIDERED WHEN OBTAINING SCALED INFORMATION.
PROJECT: DOWNTOWN CLEARWATER RESIDENCE INN - UTIUTY EASEMENT
CUENT: THE ClARKSON COMPANY .
WI,.Miller ~um=.... -.'
,.",...~.~.-.-.I.-.,._.~~ "'" 15 -295 ""'1S' ......
..-..- ..- -0~'5~2' """"-..,~
..... . ""'.... . =.~....:.:;; . T_ . _ ... 1:"-001-100 0Il211-0Cl0-0CI2
---- ~-- -- ,...- ----- ......'."""MHF/17115 ......2" OF 2
N/"
""", 9/101011
C:\Documents and Settings\Bob Clarkson\My Docurnents\CHG-Clearwater\CLW HOSPITALITY PROPS F H & UTIL
EAS.071408.doc
Attachment number 1
Page 4 of 5
Item # 14
Attachment number 1
Page 5 of 5
II
CONSENT & JOINDER
II
Capmark Bank, a Utah industrial bank the undersigned Mortgagee, owner and holder of an
equitable interest in the real property described herein by virtue of that certain mortgage lien described
and created in the Mortgage, Assignment of Leases and Profits, Security Agreement and Fixture Filing
from Clearwater Hospitality Properties, L.L.C., as Borrower, and Clearwater Hospitality Operations,
L.L.C., as Accommodation Mortgagor (collectively, "Mortgagor"), and other instruments of security
dated September 11, 2007, as recorded in Official Records Book 15975, Pages 258-334, Public
Records of Pinellas County, Florida, does hereby join with said Mortgagor and consents to the grant of
easement as described in that certain Fire Hydrant and Utility Easement dated September 10, 2008 as
conveyed to the City of Clearwater, Florida; and hereby subordinates all of its right, title, interest and
claim in the lien evidenced by aforesaid instrument, and all other instruments of security as described
therein, to the easement rights as conveyed by Grantor.
Signed, sealed and delivered
.In the :;Zp t22
Witness signature
Fra k J, Guzauskas
CAP MARK BANK, a Utah industrial bank
~
STATE OF ILLINOIS
: 55
COUNTY OF COOK
The foregoing instrument was acknowledged before me this 10th day of September,
2008 by Denise M, Koprowski, as a Vice President of Capmark Bank, a Utah industrial bank,
mortgagee in the above-described lien, who executed said instrument and acknowledged the execution
thereo~ her free act and deed for the uses and purposes therein expressed, and who is
personaTIy k~~o me,
~
My Commission Expires: 06/22/2012
Notary Public -
Todd Paradis
Type/Print Name
OFFICIAL SEAL
TOOD PARADIS
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES:06I22112
C:\Documents and Settings\tparadis\Local Settings\Temporary Internet Files\OLK191 \CL W HOSPIT AUfY PROPS F H UTIL EAS
071408 (2).doc Item # 14
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along the West property lines of Lot
1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition, (a.k.a. 801 Howard Street) to November 18, 2008.(V AC2008-
02 Eggers-City of Clearwater)
SUMMARY:
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review Approval: 1) Clerk
Cover Memo
Item # 15
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Attachment number 3
Page 1 of 2
ORDINANCE NO, 8015-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE FORTY-FOOT RIGHT-OF-WAY
OF MYRTLE AVENUE LYING ALONG THE WEST
PROPERTY LINES OF LOTS 1, AND 9 THROUGH 26
INCLUSIVE, BLOCK J, BELMONT SECOND ADDITION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lucille R. and Sammie D. Eggers, owners of real property located in
the City of Clearwater, have requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
40-foot right-of-way of Myrtle Avenue lying alon~ the west property lines of Lots 1,
and 9 through 26 inclusive, Block J, Belmont 2n Addition as recorded in Plat Book
6, Page 88 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance NoI.tEml5~M15
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attachment number 3
Page 2 of 2
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NoI.tEml5~M15
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend that certain Temporary Construction Easement dated August 3,2007 conveyed to Florida Gas Transmission Company over and
across portions of the West 112 of Section 8, Township 29 South, Range 16 East, to extend the term thereof from October 15,2008 until
August 15,2009, with all other terms and conditions remaining unchanged and in full force and effect, and authorize appropriate
officials to execute same. (consent)
SUMMARY:
On Consent Agenda Item 8.5 in its meeting of August 2, 2007 Council approved and conveyed to Florida Gas Transmission Company
("FGTC") both a non-exclusive Perpetual Gas Transmission Pipeline Easement, and two ten-month Temporary Construction Easements
(''TCE'') containing a total of 11,646 square feet directly adjacent on the est to U. S. 19 on the south side of the CSX rail corridor.
The easements were granted to facilitate FGTC's realignment and installation of a 12-inch gas transmission line that extends through
Clearwater from Oldsmar.
The term granted for the TCE extended from August 3, 2007 through June 3, 2008. The project was delayed subsequent to the grant of
easement by several redesigns of the locations and types of retaining walls to be used in construction. There was further delay in
securing FDOT approval for the project's maintenance of traffic plan, and in securing a qualified contractor.
FGTC now has the project ready to proceed within the next two weeks and has requested the original TCE term be amended to
commence on October 15, 2008 and terminate of August 15, 2009. All other terms and provisions of the original TCE will remain
unchanged and in full force and effect.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 4
ACTION AGENDA - CLEARWATER CITY COUNCIL MEETING
Thursday, August 2,2007 - 6:00 p.m. - Council Chambers
2 - Invocation - Reverend Fred Ball of Skycrest United Methodist Church
3 - Pledge of Allegiance - Mayor.
4 - Approval of Minutes - 7/19/07 regular meeting
ACTION: Approved as submitted.
5 - Citizens to be heard re items not on the Agenda:
Eva Kunowska questioned why Clearwater Beach cannot be designated a CRA and
complained that she did not know a year ago that Beach Walk construction would reduce
parking spaces at her motel.
It was stated that the County is unwilling to allow a CRA at Clearwater Beach.
Councilmember Cretekos expressed concern with changing the agenda order, understands
tonight's exception was made due to inclement weather, but prefers if Council sticks to the
agenda in the future.
Public Hearings - Not before 6:00 p.m.
6 - Administrative Public Hearings
6.1 Award a Contract for $4,451,404.10 for the construction of a new fire traininQ facility and
renovation to the existinQ traininQ buildinQ; construction of a pre-enQineered metal
storaQe/supply buildinQ; construction of a pre-manufactured traininQ burn tower; installation of
approximately 8,000 square-yards of asphalt pavinQ; expansion of the existinQ storm water
pond; and related utilities, to Bandes Construction of Dunedin, FL, beinQ the lowest responsible
bid in accordance with plans and specifications, award a Contract for $29,715 to Cumbey &
Fair, Inc. (EOR) of Clearwater, Florida, for site related construction enQineerinQ and inspection
(CEn, for a total project amount of $4.481,119.10, authorize the appropriate officials to execute
same and approve increasinQ Penny for Pinellas fundinQ for this project by $1,348,500 by
reducinQ Penny for Pinellas fundinQ for the Station 48 Renovation/Expansion project by that
same amount.
ACTION: Approved.
7 - Second Readings - Public Hearing
7.1 Adopt Ordinance 7837-07 on second readinQ, annexinQ certain real property whose post
office address is 863 Lake Forest Road, into the corporate limits of the city and redefininQ the
boundary lines of the city to include said addition.
ACTION: Ordinance adopted.
7.2 Adopt Ordinance 7838-07 on second readinQ, amendinQ the future land use plan element of
the Comprehensive Plan of the city to desiQnate the land use for certain real property whose
post office address is 863 Lake Forest Road, upon annexation into the City of Clearwater, as
Residential Urban.
ACTION: Ordinance adopted.
Council Action Agenda 2007-08-02
1
Item # 16
Attachment number 1
Page 2 of 4
7.3 Adopt Ordinance 7839-07 on second readinQ, amendinQ the ZoninQ Atlas of the city by
zoninQ certain real property whose post office address is 863 Lake Forest Road, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
ACTION: Ordinance adopted.
7.4 Adopt Ordinance 7840-07 on second readinQ, annexinQ certain real property whose post
office address is 1403 ReQal Road, into the corporate limits of the city and redefininQ the
boundary lines of the city to include said addition.
ACTION: Ordinance adopted.
7.5 Adopt Ordinance 7841-07 on second readinQ, amendinQ the future land use plan element of
the Comprehensive Plan of the city to desiQnate the land use for certain real property whose
post office address is 1403 ReQal Road, upon annexation into the City of Clearwater, as
Residential Low.
ACTION: Ordinance adopted.
7.6 Adopt Ordinance 7842-07 on second readinQ, amendinQ the ZoninQ Atlas of the city by
zoninQ certain real property whose post office address is 1403 ReQal Road, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
ACTION: Ordinance adopted.
7.7 Adopt Ordinance 7845-07 on second readinQ, vacatinQ the five-foot utility easement lyinQ
alonQ the east property lines of Lots 8 throuQh 13, inclusive, Melody Subdivision.
ACTION: Ordinance adopted.
City Manager Reports
8 - Consent Agenda - Approved as Submitted.
8.1 Transfer $482,818 from the General Fund, fund 010, to the Special ProQrams Fund, fund
181 to set aside for future year buildinQ permittinQ costs.
8.2 Approve the Ninth Amendment to the Chi Chi Rodriquez Foundation lease aQreement and
approve a continuinQ and unconditional Quaranty aQreement to Bank of America (BOA) for a
total aQQreQate sum not to exceed One Million Dollars ($1,000,000) for a loan held by the Chi
Chi Rodriquez Youth Foundation, Inc., in the operation of the Chi Chi Rodriquez Golf Course
located on McMullen Booth Road and authorize the appropriate officials to execute same.
( consent)
8.3 Approve Pinellas County Recreational Grant FundinQ AQreement for the Countryside
Community Park Enhancements in the amount of $125,000 and authorize the appropriate
officials to execute same. (consent)
8.4 Award a Contract (Blanket Purchase Order) in the amount of $225,000 to WinQfoot
Commercial Tire of Clearwater, FL for the purchase of tires that will be used by all Departments
usinQ City vehicles durinQ the contract period September 1, 2007 throuQh AUQust 31, 2008, in
accordance with Code or Ordinances Sec 2.564 (1)(d) - Florida State Contract 863-000-06-1
and authorize the appropriate officials to execute same. (consent)
Council Action Agenda 2007-08-02
2
Item # 16
Attachment number 1
Page 3 of 4
8.5 Approve and convey to Florida Gas Transmission Company, a Delaware corporation
("Grantee"), a non-exclusive Perpetual Gas Transmission Pipeline Easement containinQ 2,756
square feet, more or less, and two ten-month Temporary Construction Easements containinQ a
total of 11,646 square-feet, more or less, over, under and across portions of the West % of Sec.
8-29-16, in consideration of receipt of $30,112.50 and Grantee's faithful compliance with the
terms and conditions established therein, and authorize appropriate officials to execute same.
( consent)
8.6 Approve aQreement with PenninQton, Moore, Wilkinson, Bell, and Dunbar, P.A. to provide
10bbyinQ services at the state level from 10/1/2007 to 9/30/2012 at a cost of $4,000 per month,
plus expenses estimated not to exceed $4,800 per year and authorize the appropriate officials
to execute same. (consent)
8.7 Approve nominatinQ the followinQ for Florida LeaQue of Cities Excellence Awards: Frank
Hibbard as Mayor of the Year, MarQie Simmons as Finance Officer of the Year, Pam Akin as
City Attorney of the Year and Duke Tieman as Citizen of the Year. (consent)
8.8 Authorize an increase of $100,000 to the monetary limit on the contract with the firm of
Thompson Goodis for outside counsel services related to representation in Crouch v. City of
Clearwater et al, Case No. 93-2860-CI -21. (consent)
9 - Other items on City Manager Reports
9.1 Approve a Utility Work By HiQhway Contractor AQreement with the State of Florida's
Department of Transportation to install natural Qas mains durinQ improvement project, FPN:
257155-1-56-03/Pinellas County, SR688 (Ulmerton Road) from just East of 119 Street to just
West of the Seminole Bypass Canal, at an estimated cost of $271 ,500, and adopt Resolution
07-19.
ACTION: Approved. Resolution Adopted.
9.2 Continue DeclarinQ Mediterranean VillaQe Tract 5 Surplus to a date uncertain.
ACTION: Continued to a date uncertain.
Miscellaneous Reports and Items
10 - City Manager Verbal Reports
11 - Council Discussion Items
11.1 Supervised Minors in Recreation Centers
ACTION: Staff directed to draft a Council Policy on the supervision of minors in
recreation centers.
11.2 Beach Renourishment at Clearwater Pass
ACTION: Requested David Tackney, Project Engineer, to submit a project plan for
Council review.
12 - Other Council Action
Council Action Agenda 2007-08-02
3
Item # 16
Attachment number 1
Page 4 of 4
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; budget hearing is on 8/13/07; expressed sympathy to the City of Minneapolis
re bridge collapse.
Cretekos reported he completed 100 days as a Councilmember; thanked all
Councilmembers for their hard work and dedication; encouraged all to attend Council meetings
and participate in Homeowners Associations, etc.; thanked management and staff for their hard
work; wished Godspeed to Assistant City Manager Garry Brumback.
Petersen congratulated Cretekos on his 100 days as Councilmember; reported that the DDB
plans to place parking meters on Cleveland Street to create parking turnover for downtown
shops; the DDB will hold an election on October 9, 2007 for three seats.
Doran expressed sympathies to the family of Mike Sabota; encouraged all to get a copy of
the City's hurricane preparedness handbook.
Hibbard thanked Kiwanis and volunteers for serving 260 kids at health fair 2 days ago;
Sandpearl will be a great addition to Clearwater beach; once Beachwalk and other projects are
completed, he would like a campaign to promote Clearwater Beach; Good Business Tampa Bay
is highlighting Downtown Clearwater.
13 - Adjourn - 7:46 p.m.
Council Action Agenda 2007-08-02
4
Item # 16
Attachment number 2
Page 1 of 5
Instrument Prepared Bv and Return To:
Paulette Trepl
Right of Way Department
Florida Gas Transmission Company
1410 Tech Blvd.
Tampa, Florida 33619
Grantee:
Florida Gas Transmission Company
5444 Westheimer Road
Houston, Texas 77056
Parcel I. D, No, 08-29-16-00000-230-0300
TRACT NO, FLBVA-PINE-016,1WS
TEMPORARY CONSTRUCTION EASEMENT
STATE OF FLORIDA
)(
)( KNOW ALL MEN BY THESE PRESENTS:
)(
COUNTY OF PINELLAS
THAT the Undersigned, City of Clearwater, a municipal corporation of the State
of Florida, hereinafter referred to as the "Grantor," being the owner of that certain
tract of land situated in the County of Pinellas, State of Florida and more
particularly described in Exhibit "A" and depicted in Exhibit "A-1" attached hereto,
hereinafter referred to as the "Lands", for and in consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration as established in
that transmittal dated March 14, 2007, to be paid by FLORIDA GAS
TRANSMISSION COMPANY, a Delaware corporation, hereinafter referred to as
"Grantee", prior to the delivery hereof, the sufficiency of which is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and does hereby
GRANT, SELL and CONVEY to Grantee, its successors and assigns, the non-
exclusive right, privilege and easement to utilize the Lands as described and
depicted herein for the purpose of temporary working space during the initial
construction and installation and replacement of a natural gas pipeline to be
constructed and installed in accordance with plans and specifications of
Grantee's project entitled "Replacement of 12-inch S1. Petersburg Lateral",
Docket No. CP06-429-000 ("Project"), hereinafter referred to as the
"Construction Easement".
TEMORARY CONSTRUCTION EASEMENT
- 1 -
Item # 16
Attachment number 2
Page 2 of 5
For the same consideration, Grantor and Grantee further agree with respect to
the Construction Easement that:
(a) The rights herein granted shall include the right of ingress to, and egress
from, and access on and along the Lands, with the right to use existing roads. If
no such roads exist then by such route or routes as shall occasion the least
practicable damage and inconvenience to Grantor.
(b) Grantee will pay for any damages to the growing crops, grasses, trees,
shrubbery, unrepaired water courses, water impoundments, fences, and all other
property and infrastructure of Grantor caused by the construction, installation
and replacement of Grantee's natural gas pipeline and the exercise of the rights
granted herein.
(c) Grantee will restore the surface of all disturbed areas on the Lands to its
original contour as nearly as practicable, the damage to which shall have been
occasioned by Grantee's construction, installation and replacement of the natural
gas pipeline on the lands and the exercise of the rights granted herein.
(d) Grantee may displace any gopher tortoises found within the Construction
Easement to another location on the Lands, or the gopher tortoises may be
displaced off-site (e.g., to a temporary holding pen), and returned as near to their
original location as practicable after construction is completed, in accordance
with applicable law. Grantee shall secure any permits required for the relocation
or other handling of said gopher tortoises.
(e) The rights of Grantee under the provisions of this instrument may be
assigned in whole or in part. Any assignee shall be subject to, and fully liable for
all terms and conditions of the Agreement.
(f) Grantor represents that easement to utilize the Lands shall commence on
October 15, 2008 and terminate on August 15, 2009, or upon project completion,
whichever shall occur sooner.
(g) Grantor does hereby fully warrant the title to the Lands and will defend the
same against the lawful claims and demands of all persons whomsoever.
(h) Exhibit "A" and Exhibit "A-1" are attached hereto and by this reference are
made a part hereof for all purposes.
(i) Grantee covenants and agrees with Grantor that Grantee shall at all times
during the exercise of rights herein conveyed, fully comply with and fulfill the
requirements described in the Perpetual Gas Transmission Pipeline Easement
("Perpetual Easement") Grantor conveyed of even date herewith to maintain safe
and reasonable public access and transit for all pedestrian and non-motorized
vehicular use of Grantor's Ream Wilson Clearwater Trail as same may be
TEMORARY CONSTRUCTION EASEMENT
- 2 -
Item # 16
Attachment number 2
Page 3 of 5
constructed within any portions of the herein described lands or the Perpetual
Easement. Public access and transit may be limited or interrupted for project
purposes for a total of twenty-one (21) days during the term hereof as more
specifically provided in the Perpetual Easement.
U) Grantee further covenants and agrees that Grantee shall hold harm less
and indemnify Grantor against all claims, liabilities, expenses and losses arising
out of or related to this grant of easement, including but not being limited to (a)
failure by Grantee, or its agents, to perform any provision, term, covenant or
agreement required to be performed by Grantee in consideration of this grant of
temporary easement; (b) any occurrence of injury, damage or death to persons,
including third parties, and personal or real property, including any and all of
Grantor's utility infrastructure as same may be constructed within the Lands or its
appurtenances, and as same may be lawfully constructed within, upon and under
lands within which Grantor and Grantee utility infrastructure may be collocated
throughout the Project limits; (c) failure to comply with any requirements of any
governmental authority, bonding or insuring company; (d) any security
agreement, conditional bill of sale, chattel mortgage, mechanics liens connected
with Grantee's activities and operations undertaken pursuant to this temporary
easement grant; and (e) any and all improvements, their construction, alteration,
maintenance, repair, replacement with and through the easement premises and
throughout the Project limits. Such covenants to hold harmless and indemnify
Grantor shall include reasonable attorneys fees for all proceedings, trials and
appeals as may result from Grantee default. Nothing herein shall be construed
as consent by Grantor to be sued by third parties or as a waiver of Sovereign
Immunity or the terms and limitations of 768.28, Florida Statutes or other
applicable law.
(k) This instrument incorporates and describes all of the grants, undertakings,
conditions and consideration of the parties. Grantor, in executing and delivering
this instrument, represents that Grantor has not relied upon any promises,
inducements or representations of Grantee or its agents or employees, except as
are set forth herein.
This instrument and the benefits and obligations herein contained shall inure to
the benefit of and be binding and obligatory upon Grantor and the successors
and assigns of Grantor and upon Grantee and the successors and assigns of
Grantee.
TO HAVE AND TO HOLD unto Grantee, it successors and assigns, together
with the right of ingress to and egress from the Perpetual Gas Transmission
Pipeline Easement and adjacent easements of Grantee for the purpose of
constructing and installing the pipeline and appurtenances thereto in accordance
with Project plans and specifications.
DATED THIS
day of
,2008.
TEMORARY CONSTRUCTION EASEMENT
- 3 -
Item # 16
Attachment number 2
Page 4 of 5
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Frank V. Hibbard, Mayor
William B. Horne, II, City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2008 by Frank V. Hibbard, Mayor of the City of Clearwater, who
is personally known to me.
My commission expires:
Notary Public - State of Florida
Print/Type Name
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2008 by William B. Horne, II, City Manager of the City of
Clearwater, who is personally known to me.
My commission expires:
Notary Public - State of Florida
Print/Type Name
TEMORARY CONSTRUCTION EASEMENT
- 4-
Item # 16
Attachment number 2
Page 5 of 5
EXHIBIT "A"
Attached to and made a part of that certain
TEMPORARY CONSTRUCTION EASEMENT dated ,2008
Conveyed by the CITY OF CLEARWATER, as Grantor,
to FLORIDA GAS TRANSMISSION COMPANY, as Grantee
DESCRIPTION OF LANDS
PARCELS OF LAND SITUATED IN THE WEST % OF SECTION 8, TOWNSHIP
29 SOUTH, RANGE 16 EAST, PINELLS COUNTY, FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Temporary Construction Easement #1
Commencing at the Northwest corner of said Section 8; thence SOoo52'48"W,
along the westerly boundary of the Northwest % of said Section 8, a distance of
2369.38 feet; thence leaving said West boundary S8900T12"E, a distance of
129.99 feet to the East right-of-way line of U. S. Highway 19 and the POINT OF
BEGINNING; thence S02050'42"W, a distance of 142.41 feet; thence
S0203T33"W, a distance of 15.15 feet; thence N8900T 12"W, a distance of 8.79
feet to the aforementioned East right-of-way of U. S. Highway 19; thence
NOoo52'50"E along said right-of-way, a distance of 157.25 feet to the POINT OF
BEGINNING.
Containing 793 square feet or 0.02 acres, more or less.
Temporary Construction Easement #2
Commencing at the Northwest corner of said Section 8; thence SOoo52'48"W,
along the westerly boundary of the Northwest % of said Section 8, a distance of
2369.38 feet; thence leaving said West boundary S8900T12"E, a distance of
120.00 feet to the East right-of-way line of U. S. Highway 19, and the POINT OF
BEGINNING; thence NOoo52'52"E, along said East right-of-way, a distance of
9.12 feet; thence leaving said East right-of-way S81 o05'39"E, a distance of 19.34
feet; thence S13028'58"E, a distance of 41.37 feet; thence S88048'33"E, a
distance of 69.75 feet; thence SOoo52'50"W, a distance of 122.96 feet; thence
N89005'59"W, a distance of 80.40 feet; thence N0203T33"E, a distance of 15.32
feet; thence N02050'42"W, a distance of 141.99 feet; thence N8900T12"W, a
distance of 1 0.00 feet to the POINT OF BEGINNING.
Containing 1 0,853 square feet or 0.25 acres, more or less.
TEMORARY CONSTRUCTION EASEMENT
- 5 -
Item # 16
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept a perpetual Sidewalk Easement over, under and across a portion of Lot 8, CLEARWATER INDUSTRIAL PARK, conveyed by
the Church of Scientology Flag Services Organization, Inc., given in consideration of receipt of $1.00 and the benefits to be derived
therefrom. (consent)
SUMMARY:
The Church of Scientology Flag Service Organization, Inc. is completing construction of a 6,000 square foot central laundry facility at
2000 Calumet Street to serve its various residential properties.
The facility is being constructed under a Pinellas County permit in further compliance with provisions of the Clearwater Development
Code.
Upon completion of the facility, and County issuance of a certificate of occupancy, the Church will submit a voluntary application to
annex into the City in order to receive City solid waste and sanitary services.
The sidewalk easement adjacent to North Hercules A venue right-of-way is a condition of annexation. The 20-foot easement width is
required as there is insufficient area to accommodate the sidewalk directly adjacent to Hercules A venue due to an intervening drainage
ditch and row of trees that parallel the roadway.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 3
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 01-29-15-16488-000-0080
II SIDEWALK EASEMENT II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION, INC, a Florida corporation not-for-profit, with it principal place of business
located at 503 Cleveland Street, Clearwater, FI. 33755-4007 ("GRANTOR"), does hereby grant and
convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("GRANTEE"), an
easement over, under and across the following described land lying and being situate in the County of
Pinellas, State of Florida, to wit:
The West 20 feet of the followinQ described parcel: Lot 8, CLEARWATER INDUSTRIAL
PARK, according to the map or plat thereof as recorded in Plat Book 44, Page 46 of the
public records of Pinellas County, Florida, the same being depicted in EXHIBIT "A"
appended hereto and by this reference made a part hereof,
The easement rights granted herein are for perpetual construction and maintenance of a public
sidewalk.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described
premises and to maintain thereon a public sidewalk, to inspect and alter same from time to time, and to
reconstruct and replace as necessary and desirable in the interest of public safety.
GRANTOR warrants and covenants with Grantee that it is the owner of the fee simple title to the herein
described easement premises, that GRANTOR has full right and lawful authority to grant and convey this
easement to GRANTEE, and that GRANTEE shall have quiet and peaceful possession, use and
enjoyment of this easement.
GRANTEE shall exercise all rights granted to it hereunder in such manner as shall occasion the least
practicable damage and inconvenience to GRANTOR,its tenants, licensees and invitees. GRANTEE
shall repair in a workmanlike manner and as nearly as possible to original condition, all damages to
GRANTOR'S roads, fences, driveways, parking areas, shrubbery or other property or properly permitted
improvements occasioned while exercising rights and privileges granted herein to effect GRANTEE'S use,
maintenance, operation and reconstruction of the public sidewalk.
GRANTOR reserves the right to make use of the Easement Area herein granted in a manner which is not
inconsistent with the rights herein conveyed, or which does not materially interfere with the use of the
Easement Area by GRANTEE for the purposes herein conveyed.
GRANTEE shall defend and hold harmless GRANTOR and all of the GRANTOR'S agents, employees,
representatives and/or successors and assigns from and against all claims, damages, liabilities,
U:\Easements\CHURCH OF SCIENTOLOGY FSO SW EAS. lO037.doc
Item # 17
Attachment number 1
Page 2 of 3
expenses, losses, suits and actions, including attorney's fees resulting from the installation, operation,
maintenance, repair, use, replacement or removal of GRANTEE'S public sidewalk or other exercise by
GRANTEE of its rights hereunder, provided however, that in no event or under any circumstances shall
this provision be construed as a consent by GRANTEE to be sued by third parties or as a waiver of
GRANTEE'S sovereign immunity, nor shall the GRANTEE incur any financial liability which would exceed
statutory limits as set forth in Section 768.28, Florida Statutes.
GRANTOR makes no representation herein as to the fitness of the Easement Area for the use intended
by GRANTEE.
It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement
premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and assigns. The rights
granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by abandonment of the easement premises by Grantee.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
I'l-tr day of S'R"T~v-./;!? , 200.,g,
CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION, INC.,
a Florida not-for-profit corporation
By:
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this J...:i:!!... day of Si5t?717bt-dUiA ,
200g by Mary Shaw, as President of CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION,
INC" a Florida not-for-profit corporation, who, being duly authorized, did execute the foregoing instrument
on behalf of said entity, and who acknowledged the ~x~ution thereof to be her free act and deed for the
uses and purposes therein expressed, and who [ I)'is personally known to me, or [ ] who produced
as identification.
Type/Print Name
My Commission Expires:
~, GLEN E. STILO
~~ MY COMMISSION # DD76\165
~ EXPIRES: Febrwuy 21,20\2
1-800-3-NOTARY Fl. NOlaI)' DiSCOUDI Assoc, Co.
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Item # 17
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Item # 17
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a contract to Gulf Coast Contracting, LLC of Tarpon Springs, Florida, for the preparation and painting of Reservoirs 1 and 3
Ground Storage Tank (GST) Coating Project (08-0031-UT) in the amount of $114,840.00, which is the lowest responsible bid in
accordance with specifications, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The scope of work for this project involves furnishing all materials, labor, equipment, tools, services and
incidentals to complete the recoating of the exterior surfaces on three (3) pre-stressed composite water
storage tanks located at Reservoir 1 and 3.
Reservoir 1, located at 1657 Palmetto Street, has one (1) 5 million gallon (MG) storage tank and Reservoir
3, located at 2775 State Road 580, has two (2) 5MG storage tanks. All three (3) 5MG storage tanks hold
potable water prior to being pumped into the water distribution system. All three (3) tanks measure the same
dimensions, which are 175-feet in diameter and have 28-foot side wall height.
All three (3) existing 5MG storage tanks at Reservoir 1 and 3 are in need of repainting since the existing
paint is cracking and pealing.
The estimated time period for construction is 110 calendar days to start in November 2008 and finish in
February 2009.
The three (3) 5MG water storage tanks are owned, operated and maintained by the Public Utilities
Department.
Sufficient budget and revenue are available in Capital Improvement Program project 0315-96721, System
Rand R - Capitalized to fund this contract.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0315-96721-563800-533-
000-0000
Capital expenditure
Yes
Budget Adjustment:
No
114,840.00
114,840.00
2008 to 2009
Annual Operating Cost:
Total Cost: 114,840.00
Amount
114,840.00
Appropriation Comment
see summary
Cover Memo
Item # 18
Bid Required?:
Other Bid / Contract:
Yes
Bid Number:
Bid Exceptions:
None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Item # 18
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FIGURE
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
RESERVOIR NO. 1
GST COATING PROJECT
PROJECT LOCATION MAP
Item # 18
.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
RESERVOIR NO. 1
GST COATING PROJECT
RESERVOIR NO. 1
AERIAL VIEW
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CHECKED BY OWG. N).
TLM N/A
DESlGNEIl BY SlEET
RM 2 OF 5
FIGURE 2
Item # 18
.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
RESERVOIR NO. 1
GST COATING PROJECT
RESERVOIR NO. 3
AERIAL VIEW
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CHECKED BY OWG. N).
TLM N/A
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RM 4 OF 5
FIGURE 4
Item # 18
Attachment number 5
Page 1 of 6
BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we GULF COAST CONTRACTING. LLC.
Contractor and LINCOLN GENERAL INSURANCE COMPANY (Surety) whose home address
is 3501 CONCORD ROAD. YORK. PENNSYLVANIA 17402.
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE HUNDRED FOURTEEN
THOUSAND EIGHT HUNDRED FORTY DOLLARS AND NO CENTS ($114,840.00) for the
payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns
for the faithful performance of a certain written contract, dated the ~ day of
2008, entered into between the Contractor and the City of Clearwater for:
RESERVOIR NO.1 - GST COATING PROJECT (08-0031-UT)
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein,
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
CONTRACT BOND
Page 1
Item # 18
Attachment number 5
Page 2 of 6
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done;
as aforesaid, or otherwise,
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the contract or to the work or to the specifications,
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2008
GULF COAST CONTRACTING. LLC
CONTRACTOR
By:
ATTEST:
SURETY
WITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
Page 2
Item # 18
Attachment number 5
Page 3 of 6
CONTRACT
This CONTRACT made and entered into this _ day of , 2008 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
GULF COAST CONTRACTING. LLC. of the City of TARPON SPRINGS, County of
PINELLAS and State of FLORIDA hereinafter designated as the "Contractor",
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of
the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and
will at their own cost and expense perform all labor, furnish all materials, tools and equipment for
the following:
RESERVOIR NO.1 - GST COATING PROJECT (08-0031-UT) IN THE AMOUNT OF ONE
HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED FORTY DOLLARS AND NO
CENTS ($114,840.00)
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors
and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the
City,
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations
as contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein,
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Page 3
Item # 18
Attachment number 5
Page 4 of 6
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin, The aforesaid provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for training, including apprenticeship, The
Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of the
non-discrimination clause,
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials,
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1.000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be
adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense,
within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or
bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City, If
such an event occurs, no further payment shall be made to the Contractor under the terms and provisions
of this contract until such new or additional security bond guaranteeing the faithful performance of the
work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it.
Page 4
Item # 18
CONTRACT
(3)
Attachment number 5
Page 5 of 6
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written,
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Home, II
City Manager
Attest:
Countersigned:
(Seal)
Cynthia E. Goudeau,
City Clerk
By:
Frank Hibbard,
Mayor-Councilmember
Approved as to form
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(Contractor)
By:
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation),
Page 5
(SEAL)
Item # 18
Attachment number 5
Page 6 of 6
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the (TITLE) of GULF COAST
CONTRACTING. LLC. a Florida Corporation, with its principal place of business located at 502 S.
FLORIDA AVENUE. TARPON SPRINGS. FLORIDA 34689 (herein, the "Contractor"),
That the Contractor was the general contractor under a contract executed on the day of
,2008 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
RESERVOIR NO.1 - GST COATING PROJECT (08-0031-UT)
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property,
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes,
Sworn and subscribed to before me
GULF COAST CONTRACTING. LLC.
AFFIANT
This _ day of
, 2008
BY:
NOTARY PUBLIC
My Commission Expires:
PRESIDENT
Page 6
Item # 18
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept a 73.05 square foot perpetual Signal Utility Easement conveyed by Water's Edge Condominium Association of Clearwater, Inc.
over, under and across a portion of Lot 1, Block A, JOHN R. DAVEY SUBDIVISION, given in consideration of receipt of $1.00 and
the benefits to be derived therefrom. (consent)
SUMMARY:
The City installed a traffic signal utility cabinet at the southwest corner of Cleveland Street and South Osceola A venue during the
Cleveland Street Streetscape project.
The cabinet encroaches into the common elements boundary limits of Water's Edge Condominium.
The recently formed Water's Edge Condominium Association of Clearwater, Inc. has granted the subject Signal Utility Easement
providing the City perpetual authority to continue to service, maintain and replace when necessary the signal cabinet and equipment at
its present location.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 4
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
Parcel 1.0, No, 16-29-15-20358-001-0010
II SIGNAL UTILITY EASEMENT II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, WATER'S EDGE CONDOMINIUM
ASSOCIATION OF CLEARWATER, INC" a Florida corporation not for profit ("Grantor"), having a principal
address at 331 Cleveland Street, Clearwater, Florida 33755, does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under, and across the
following described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 1, Block A, JOHN R, DAVEY SUBDIVISION, as recorded in Plat Book 1,
Page 87 of the Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part, containing 73.05 square feet, more or less, as more particularly
described and depicted in EXHIBIT "A" appended hereto and by this reference made a part
hereof ("Easement Premises"),
This Signal Utility Easement (this "Easement") is for installation and maintenance of a traffic signal
control cabinet and related utility connections. The CITY OF CLEARWATER, FLORIDA shall have the right to
enter upon the above-described Easement Premises to install and maintain therein the referenced utility control
cabinet and related utility connections, and to inspect, repair, alter and/or replace the same as it determines
necessary from time to time. Grantee shall be solely responSible for obtaining all governmental and regulatory
permits required to exercise the rights granted herein, -
It is expressly understood that this Easement is subject to the provisions of the Declaration of
Condominium of Water's Edge, a Condominium recorded in Official Records Book 16335, Page 11 of the Public
Records of Pinellas County, Florida (the "Declaration"), and that the Easement Parcel is a part of the common
elements of Water's Edge, a Condominium (the "Condominium"). Grantor and the condominium unit owners in
the Condominium shall retain all rights in the Easement Premises set forth in the Declaration that are not
inconsistent with the easement rights granted in this Easement. The CITY OF CLEARWATER, FLORIDA
covenants and agrees that, at all times during the exercise of rights granted herein, it shall maintain the Easement
Premises in a manner that does not prohibit or hinder reasonable access or use of the appurtenant Condominium
property by the unit owners in the Condominium and their permitted tenants, guests, or invitees, and that it shall
promptly restore the Easement Premises upon completion of any work activity undertaken in the exercise of these
rights.
C:\Documents and Settings\Julie Sanchez\Local Settings\Temporary Internet
Files\Content.lE5\01IKIKLX\#2969688v2_MIADOCS_ - Water's Edge_ Traffic Signa. DOC
Item # 19
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Attachment number 1
Page 2 of 4
Grantor warrants and covenants with Grantee that (a) the Easement Premises is a part of the common
elements of the Condominium, (b) pursuant to the Declaration, Grantor has full right and lawful authority to grant
and convey this Easement to Grantee, and (c) Grantee shall have quiet and peaceful possession, use and
enjoyment of this Easement, subject to the provisions of the Declaration.
This Easement is binding upon Grantor, Grantee, the unit owners of the Condominium, and their heirs,
successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land,
except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by
Grantee.
"'~ IN WITNESS _EREOF. the undersigned Grantor has caused these presents to be duly executed this
~ day of <; c:' r E,., dE I't.- , 2008.
STATE OF FLORIDA
: 55
COUNTY OF HILLSBOROUGH :
Before me, the undersigned authority, personally appeared Julie Sanchez, as President of Waters
Edge Condominium Association of Clearwater, Inc., a Florida corporation not for profit, who, being duly authorized,
executed the foregoing instrument on behalf of said corporation, and who 9d<nowledged the execution thereof to
be her free act and for the use and purposes therein set forth, and who [ \{ is personally known to me, or who [ 1
did pro~f\() II f\ ()~. as identification
~ illX ~ _ My commission expires:
Notary Public - S te of Florida
t mreJ) S mi-fu
Type/Print Name
~ LAUREN SMITH
Notary Public, State of Florida
My Comm. Expires Nov. 15, 2008
. No. DD586757
C:\Documents and Settings\Julie Sanchez\Local Settings\Temporary Intemet
FileS\Content.lE5\01IKIKLX\#2969688v2_MIADOCS- - Water's Edge_ Traffic Signa,DOC
Item # 19
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Scale 1" 5'
This /s not a survey
EXHIBIT
"A"
N.E. Corner Lot 1
CLEVELAND STREET
S. R/W Line
30HN R.
Attachment number 1
Page 3 of 4
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
LEGAL SKETCH
SIGNAL UTILITY
EASEMENT
lIECT-............
LOT 1, BLOCK A lfEdl
JOHN R, DAVEY SUBDIVSION" ~
Basis Bearing Reference: per legal description of boundary survey by
Suncoast Land Surveying, lnc" Boundary & Topographic Survey,
Clearwater City Hall & Calvary Church Property, September 13, 2005,
(SOl'22' 45"E), along the Easterly boundary line of Lot 1, Block A,
John R. Davey Subdivision, as recorded in Plat Book 1, Page 87 of
the Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part,
Commence at the Northeast corner of Lot 1, Block A, John R. Davey
Subdivision, as recorded in Plat Book 1, Page 87 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part, and proceed S01'22' 45"E, along the Easterly
boundary line of said Lot 1, Block A, a distance of 43.12 feet, to
the Southwest corner of the intersection of the Cleveland Street
Southerly Right of Way line with the Osceola Avenue Westerly Right
of Way line, said corner also being the POINT OF BEGINNING; thence
SOl'22' 45"E, along the Easterly boundary line of said Lot 1, Block A,
also being the Westerly Right of Way line of Osceola Avenue, a
distance of 8.44 feet; thence N64 i 5'56"W, a distance of 19.44 feet,
to a point of intersection with the Southerly Right of Way line of
Cleveland Street; thence N90'OO'OO"E. along the said Southerly Right
of Way line of Cleveland Street, a distance of 17,31 feet, to the
aforesaid POINT OF BEGINNING. Containing 73,05 square feet M,O.L.
...... OY
D. KING
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Attachment number 1
Page 4 of 4
MORTGAGEE CONSENT, JOINDER AND SUBORDINATION
WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as
Administrative Agent for itself and certain other Lenders (herein, "Mortgagee"), is the owner and holder
of that certain Mortgage, Assignment of Rents and Security Agreement dated October 26, 2005,
recorded in Official Records Book 14700, at Page 1502, as modified by that certain Modification of
Mortgage dated October 2, 2007 recorded in Official Records Book 16026, at Page 2641, and as
further modified by that certain Modification of Mortgage dated May 30, 2008 recorded in Official
Records Book 16273, at Page 1779; and that certain UCC-1 Financing Statement recorded in Official
Records Book 14700, at Page 1568, all in the Public Records of Pinellas County, Florida (collectively,
the "Mortgage"), The Mortgage encumbers the "Easement Premises" as described in the foregoing
Signal Utility Easement as conveyed by Water's Edge Condominium Association of Clearwater, Inc" a
Florida corporation not for profit (herein, "Grantor") to the City of Clearwater, Florida, a Florida
municipal corporation (herein, "Grantee"), to be recorded in the Public Records of Pinellas County,
Florida; and Mortgagee does hereby consent to and joins in the grant of said easement by Grantor,
and does further subordinate its right, title and interest therein under the aforesaid Mortgage.
Signed, sealed and delivered
In the presence of:
WACHOVIA BANK, NATIONAL ASSOCIATION,
a national banking association
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va lU1lA. t:>lrr~
Print Witness name
By: ~~A"~-y-'
Print Name ./l. H,.. e ,q, G- 1;.s'e1;,,)
Title O''f'"t!'CfD("'
. T/c.fJ.
100 South Ashley Drive, Suite 950
Tampa, Florida 33602
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
ing instrument was acknowledged before me this .dl day of Ilq fA. sf,
2008 by Je .' ,as ]) Pre. C/ol!- of
Wachovia Bank, N onal Ass ciation, a national banking association, as Administrative Agent for itself
and certain other lenders, m~rtga ee in the above-described lien, who executed said instrument and
acknowledged the execution ereof to be his free act and for the uses and purposes therein
expressed, and who [ ] is personally known to me or who [ ] did provide
as identification,
,
M Commission Expires:
.....~:"JIdill,-
",,~-:;"V'fU"'" JANICE K. TlCE
i~ ~~ MY COMMISSION # DD 405477
, EXPIRES: April 27, 2009
,i' Bonded Thru Notary Public Underwriters
MIADOCS 2969688 2
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Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Density Residential (LDR) District for 1202 Keene Road (Lot 7, Block B, with that portion of the vacated street to the North per O.R.
Book 5408, Page 1481, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, Page 70, Public Records
of Pinellas County, Florida) together with the abutting right-of-way of Keene Road; and Pass Ordinances 8000-08, 8001-08 and 8002-
08 on first reading. (ANX2008-07013)
SUMMARY:
This voluntary annexation petition involves a 0.31-acre property consisting of one parcel of land, occupied by a detached dwelling. It is
located west of the intersection of Beverly Circle North and Keene Road. The applicant is requesting this annexation in order to receive
sanitary sewer and solid waste service from the City. The Planning Department is requesting that the O.27-acres of abutting Keene Road
right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north. It
is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low
Density Residential (LDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E:
. The closest sanitary sewer line is located immediately north of the site. The applicant has made payment of the sewer impact
fee. As the connection to the sewer will be owner installed, there is no sewer assessment fee. The collection of solid waste will
be provided by the City of Clearwater. The property is located within Police District III and service will be administered
through the District Station located at 2151 N. McMullen Booth Road. Fire and emergency medical services will be provided to
this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with solid
waste, police, fire and EMS service. The property is currently served by City water. The proposed annexation will not have an
adverse effect on public facilities and their levels of service;
. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service
area shall be promoted through application of the Clearweater
Community Development Code;
. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses
allowed in the District and the property and meets the District's minimum dimensional requirements. The proposed annexation
is consistent with the Countywide Plan, the City's Comprehensive Plan and Community Development Code; and
. The property proposed for annexation is contiguous to existing City boundaries to the north; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 20
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Attachment number 1
Page 1 of 7
II:':
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Location Map
Owner Floyd M, and Ruby M, McKenzie
Case:
RFCM
~
Property Size (Acres):
ANX2008-07013
0,31
0,27
Site: 1202 Keene Road
Size R-Q-W (Acres):
Land Use
Zoning
PIN: 23-29-15-61866-002-0070
From:
RL (County)
R-3 (County)
To:
RL (City)
Atlas Page:
LDR (City)
308A
Item # 20
Attachment number 1
Page 2 of 7
Aerial Photograph
Owner Floyd M, and Ruby M, McKenzie
Case:
ANX2008-07013
0,31
0..27
Property Size (Acres):
Site: 1202 Keene Road
Size R-Q-W (Acres):
Land Use
Zoning
PIN: 23-29-15-61866-002-0070
From:
RL (County)
R-3 (County)
To:
RL (City)
LDR (City)
Atlas Page:
308A
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Proposed Annexation Map
Owner Floyd M, and Ruby M, McKenzie
Case:
ANX2008-07013
0,31
0,27
Property Size (Acres):
Site: 1202 Keene Road
Size R-Q-W (Acres):
Land Use
Zoning
PIN: 23-29-15-61866-002-0070
From:
RL (County)
R-3 (County)
To:
RL (City)
LDR (City)
Atlas Page:
308A
Item # 20
Attachment number 1
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Future Land Use Map
Owner Floyd M and Ruby M McKenzie
Case
ANX2008-07013
0,31
027
Property Size (Acres):
Site 1202 Keene Road
Size R-Q-W (Acres):
Land Use
Zoning
PIN 23-29-15-61866-002-0070
From
RL (County)
R-3 (County)
To
RL (City)
LDR (City)
Atlas Page
308A
Item # 20
Attachment number 1
Page 5 of 7
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Zoning Map
Owner Floyd M and Ruby M McKenzie Case ANX2008-07013
Property Size (Acres): 0,31
Site 1202 Keene Road Size R-Q-W (Acres): 027
Land Use Zoning
PIN 23-29-15-61866-002-0070
From RL (County) R-3 (County)
To RL (City) LDR (City) Atlas Page 308A
Item # 20
Attachment number 1
Page 6 of 7
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Existing and Surrounding Uses Map
Owner Floyd M and Ruby M McKenzie Case ANX2008-07013
Property Size (Acres): 0.31
Site 1202 Keene Road Size R-Q-W (Acres): 0.27
Land Use Zoning
PIN 23-29-15-61866-002-0070
From RL (County) R-3 (County)
To RL (City) LDR (City) Atlas Page 308A
Item # 20
View looking northwest at property
View looking south on Keene Road
View looking north at Keene Road
View looking southwest at property
ANX2008-07013
Floyd and Ruby McKenzie
1202 Keene Road
Item # 20
Attachment number 2
Page 1 of 2
ORDINANCE NO. 8000-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED OPPOSITE THE INTERSECTION OF KEENE
ROAD AND BEVERLY CIRCLE NORTH, CONSISTING OF
LOT 7, BLOCK B, WITH THAT PORTION OF VACATED
STREET TO THE NORTH, OAK ACRES ADDITION,
WHOSE POST OFFICE ADDRESS IS 1202 KEENE ROAD,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
KEENE ROAD, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1, The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 7, Block B with that portion of vacated street to north per O.R. Book
5408, Page 1481, Oak Acres Addition, according to the map or plat thereof
as recorded in Plat Book 32, Page 70, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of Keene Road.
(ANX2008-07013)
Section 2, The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3, This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Item # 20
Ordinance No. 8000-08
Attachment number 2
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 20
2
Ordinance No. 8000-08
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8001-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
OPPOSITE THE INTERSECTION OF KEENE ROAD AND
BEVERLY CIRCLE NORTH, CONSISTING OF LOT 7, BLOCK B,
WITH THAT PORTION OF VACATED STREET TO THE NORTH,
OAK ACRES ADDITION, WHOSE POST OFFICE ADDRESS IS
1202 KEENE ROAD, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF KEENE ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVI 01 NG AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 7, Block B with that portion of vacated street
to north per O.R. Book 5408, Page 1481, Oak
Acres Addition, according to the map or plat thereof
as recorded in Plat Book 32, Page 70, Public Records
of Pinellas County, Florida, together with the abutting
right-of-way of Keene Road. (ANX2008-07013)
Land Use CateQorv
Residential Low (RL)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8000-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 20
Ordinance No. 8001-08
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8002-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED, OPPOSITE THE
INTERSECTION OF KEENE ROAD AND BEVERLY CIRCLE
NORTH, CONSISTING OF LOT 7, BLOCK B, WITH THAT
PORTION OF VACATED STREET TO THE NORTH, OAK
ACRES ADDITION, WHOSE POST OFFICE ADDRESS IS 1202
KEENE ROAD, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF KEENE ROAD, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LOR);
PROVI 01 NG AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 7, Block B with that portion of vacated street
to north per O.R. Book 5408, Page 1481, Oak Acres
Addition, according to the map or plat thereof as
recorded in Plat Book 32, Page 70, Public Records
of Pinellas County, Florida, together with the abutting
right-of-way of Keene Road. (ANX2008-07013)
ZoninQ District
Low Density Residential
(LOR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8000-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 20
Ordinance No. 8002-08
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1705 Grove Street (Lot 29, Block 2, Virginia Grove Terrace First Addition, together
with the abutting right of way, as well as the Grove Drive right-of-way adjacent to 1709 Grove Drive and 2770 State Road 590; and
Pass Ordinances 8008-08, 8009-08 and 8010-08 on first reading. (ANX2008-08014)
SUMMARY:
This voluntary annexation petition involves a 0.1849-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the east side of Grove Drive, approximately 100 feet north of the intersection of Grove Drive and State Road
590. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is
in an enclave and is contiguous to existing City boundaries to the north, east, south, and west. This petition will reduce this enclave. The
Planning Department is requesting that the 0.34 acres of Grove Drive abutting the subject property, as well as the Grove Drive right-of-
way abutting 1709 Grove Street and 2770 State Route 590 not currently within the City limits also be annexed. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E:
. The closest sanitary sewer line is located in the Grove Drive right-of-way in front of the property, and the applicant has paid the
City's required sewer impact and assessment fee. Collection of solid waste will be provided by the City of Clearwater. The
property is located within Police District III and service will be administered through the Police Department substation located at
2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located
at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and
EMS service. The property is served by County water. The proposed annexation will not have an adverse effect on public
facilities and their levels of service;
. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service
area shall be promoted through application of the Clearwater
Community Development Code;
. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of five dwelling units per acre. The proposed zoning
district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in
the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and
. The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent
with Florida Statutes Chapter 171.044.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 7
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Location Map
Owner Michael Q. and Elizabeth R. McGowan Case: ANX2008-08014
Property Size (Acres): 0.1849
Site: 1705 Grove Street Size R-Q-W (Acres): 0.3409
Land Use Zoning
PIN: 05-29-16-94338-002-0290
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
Item # 21
Attachment number 1
Page 2 of 7
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Aerial Photograph
Owner Michael Q. and Elizabeth R. McGowan
Case:
ANX2008-08014
0.1849
0.3409
Property Size (Acres):
Site: 1705 Grove Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN: 05-29-16-94338-002-0290
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
264A
Item # 21
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Proposed Annexation Map
Owner Michael Q. and Elizabeth R. McGowan
Case:
Property Size (Acres):
ANX2008-08014
0.1849
0.3409
Site: 1705 Grove Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN: 05-29-16-94338-002-0290
From:
RL (County)
R-3 (County)
To:
RL (City)
Atlas Page:
LMDR (City)
264A
Item # 21
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Future Land Use Map
Owner
Michael Q and Elizabeth R McGowan
Case
Property Size (Acres):
ANX2008-08014
01849
o 3409
Site
1705 Grove Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN 05-29-16-94338-002-0290
From
RL (County)
R-3 (County)
To
RL (City)
Atlas Page
LMDR (City)
264A
Item # 21
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Proposed Zoning Map
Owner
Michael Q and Elizabeth R McGowan
Case
Property Size (Acres):
ANX2008-08014
01849
o 3409
Site
1705 Grove Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN 05-29-16-94338-002-0290
From
RL (County)
R-3 (County)
To
RL (City)
Atlas Page
LMDR (City)
264A
Item # 21
I I II I II I
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Existing and Surrounding Uses Map
Owner Michael Q and Elizabeth R McGowan
Case
Property Size (Acres):
ANX2008-08014
01849
o 3409
Site 1705 Grove Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN 05-29-16-94338-002-0290
From
RL (County)
R-3 (County)
To
RL (City)
Atlas Page
LMDR (City)
264A
Item # 21
View looking north on Grove Drive from property
View looking southeast at property
Attachment number 1
View looking south on Grove Drive from property
View looking northeast at property
ANX2008-08014
Michael and Elizabeth McGowan
1705 Grove Drive
Item # 21
Attachment number 2
Page 1 of 1
ORDINANCE NO. 8008-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 100 FEET NORTH OF THE INTERSECTION
OF GROVE DRIVE AND STATE ROAD 590, CONSISTING OF
LOT 29, BLOCK 2, VIRGINIA GROVE TERRACE FIRST
ADDITION, WHOSE POST OFFICE ADDRESS IS 1705 GROVE
DRIVE, ALONG WITH THE ABUTTING RIGHT-OF-WAY,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF 1709
GROVE DRIVE AND 2770 STATE ROAD 590, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVI 01 NG AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 29, Block 2, Virginia Grove Terrace First Addition, according to the map or plat thereof
as recorded in Plat Book 37, Page 62, Public Records of Pinellas County, Florida, along
with the abutting right-of-way, together with the abutting right-of-way of 1709 Grove Drive
and 2772 State Road 590 (ANX2008-08014)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 21
Ordinance No. 8008-08
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8009-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 100 FEET NORTH OF THE INTERSECTION
OF GROVE DRIVE AND STATE ROAD 590, CONSISTING OF
LOT 29, BLOCK 2, VIRGINIA GROVE TERRACE FIRST
ADDITION, WHOSE POST OFFICE ADDRESS IS 1705 GROVE
DRIVE, ALONG WITH THE ABUTTING RIGHT-OF-WAY,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF 1709
GROVE DRIVE AND 2770 STATE ROAD 590, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 29, Block 2, Virginia Grove Terrace First
Addition, according to the map or plat thereof as
recorded in Plat Book 37, Page 62, Public Records
of Pinellas County, Florida, along with the abutting
right-of-way together with the abutting
right-of-way of 1709 Grove Drive and 2772 State Road
590 (ANX2008-08014)
Land Use CateQorv
Residential Low (RL)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8008-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 21
Ordinance No. 8009-08
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8010-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 100
FEET NORTH OF THE INTERSECTION OF GROVE DRIVE AND
STATE ROAD 590, CONSISTING OF LOT 29, BLOCK 2,
VIRGINIA GROVE TERRACE FIRST ADDITION, WHOSE POST
OFFICE ADDRESS IS 1705 GROVE DRIVE, ALONG WITH THE
ABUTTING RIGHT-OF-WAY, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF 1709 GROVE DRIVE AND 2770
STATE ROAD 590, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 29, Block 2, Virginia Grove Terrace First
Addition, according to the map or plat thereof as
recorded in Plat Book 37, Page 62, Public Records
of Pinellas County, Florida, along with the abutting
right-of-way, together with the abutting right-of-way
of 1709 Grove Drive and 2772 State Road 590 (ANX2008-08014)
ZoninQ District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8008-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 21
Ordinance No. 8010-08
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1219 Union Street (Lot 11, Block A, CLEARDUN), together with the abutting one-
half of the right-of-way of Union Street; and Pass Ordinances 8011-08, 8012-08 and 8013-08 on first reading. (ANX2008-08015)
SUMMARY:
This voluntary annexation petition involves a 0.1407-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located approximately 300 feet east of the intersection of Union Street and Douglas A venue. The applicant is requesting
this annexation in order to receive solid waste service from the City. The Planning Department is requesting that the 0.043-acres of
abutting Union Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City
boundaries to the south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and
a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E:
. The closest sanitary sewer line is approximately 200 feet west of the subject property. Due to the distance of this line, sewer
service is not readily available to the applicant's property. Collection of solid waste will be provided by the City of Clearwater.
The property is located within Police District II and service will be administered through Police Headquarters located at 645
Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1721 Overbrook
Avenue. This property already is served by City water and the City has the capacity to provide solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their levels of service;
. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area
shall be promoted through application of the Clearwater Community
Development Code;
. The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned
to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the
property meets the District's minimum dimensional requirements. The proposed annexation is consistent with the Countywide
Plan, City's Comprehensive Plan and Community Development Code; and
. The property proposed for annexation is contiguous to existing City boundaries to the south; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 7
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Location Map
Owner Julia Del Valle Case: ANX2008-08015
Property Size (Acres): 0.1407
Site: 1219 Union Street Size R-Q-W (Acres): 0.0431
Land Use Zoning
PIN: 03-29-15-15840-001-0110
From: RU(County) R-4 (County)
To: RU (City) LMDR (City) Atlas Page: 251B
Item # 22
Attachment number 1
Page 2 of 7
Aerial Map
Owner Julia Del Valle
Case:
ANX2008-08015
0.1407
0.0431
Property Size (Acres):
Site: 1219 Union Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN: 03-29-15-15840-001-0110
From:
RU(County)
R-4 (County)
To:
RU (City)
LMDR (City)
Atlas Page:
251B
Item # 22
Attachment number 1
Page 3 of 7
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Proposed Annexation Map
Owner Julia Del Valle Case: ANX2008-08015
Property Size (Acres): 0.1407
Site: 1219 Union Street Size R-Q-W (Acres): 0.0431
Land Use Zoning
PIN: 03-29-15-15840-001-0110
From: RU(County) R-4 (County)
To: RU (City) LMDR (City) Atlas Page: 251B
Item # 22
Attachment number 1
Page 4 of 7
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Fro m R U ( Co u n ty) R-4 (Co u nty)
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Item # 22
Attachment number 1
Page 5 of 7
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Proposed Zoning Map
Owner Julia Del Valle
Case
ANX2008-08015
01407
0.0431
Property Size (Acres):
Site 1219 Union Street
Size R-Q-W (Acres):
Land Use
Zoning
PIN 03-29-15-15840-001-0110
From
RU(County)
R-4 (County)
To
RU (City)
LMDR (City)
Atlas Page
251B
Item # 22
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Owner Julia Del Valle
Case
ANX2008-08015
01407
0.0431
Property Size (Acres):
Site 1219 Union Street
From
To
Size R-Q-W (Acres):
Land Use
Zoning
PIN 03-29-15-15840-001-0110
RU(County)
R-4 (County)
RU (City)
LMDR (City)
Atlas Page
251B
Item # 22
View looking east on Union Street from property
View looking southwest at property
Attachment number 1
Page 7 of 7
View looking west on Union Street from property
View looking south at property
ANX2008-08015
Julia Del Valle
1219 Union Street
Item # 22
Attachment number 2
Page 1 of 1
ORDINANCE NO. 8011-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 300 FEET EAST OF THE INTERSECTION OF
UNION STREET AND DOUGLAS AVENUE, CONSISTING OF
LOT 11, BLOCK A, CLEARDUN, WHOSE POST OFFICE
ADDRESS IS 1219 UNION STREET, TOGETHER WITH THE
ABUTTING ONE-HALF OF RIGHT-OF-WAY OF UNION STREET,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 11, Block A, Cleardun, according to the plat thereof recorded in Plat Book 13,
Page 47, Public Records of Pinellas County, Florida, together with one-half (1/2)
right-of-way of Union Street (ANX2008-08015)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 22
Ordinance No. 8011-08
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8012-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED APPROXIMATELY 300 FEET
EAST OF THE INTERSECTION OF UNION STREET AND
DOUGLAS AVENUE, CONSISTING OF LOT 11, BLOCK A,
CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1219
UNION STREET, TOGETHER WITH THE ABUTTING ONE-
HALF OF RIGHT-OF-WAY OF UNION STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1, The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Lot 11, Block A, Cleardun, according to the plat
thereof recorded in Plat Book 13, Page 47, Public
Records of Pinellas County, Florida, together with
one-half (1/2) right-of-way of Union Street (ANX2008-08015)
Land Use Cateqorv
Residential Urban (RU)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3, This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8011-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 22
Ordinance No. 8012-08
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8013-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 300 FEET EAST OF THE
INTERSECTION OF UNION STREET AND DOUGLAS
AVENUE, CONSISTING OF LOT 11, BLOCK A,
CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1219
UNION STREET, TOGETHER WITH THE ABUTTING ONE-
HALF OF RIGHT-OF-WAY OF UNION STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1, The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 11, Block A, Cleardun, according to the plat
thereof recorded in Plat Book 13, Page 47, Public
Records of Pinellas County, Florida, together with
one-half (1/2) right-of-way of Union Street (ANX2008-08015)
Zoninq District
(Low Medium Density
Residential (LMDR)
Section 2, The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3, This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8011-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 22
Ordinance No. 8013-08
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 1st reading of Ordinance for Rezoning of 2855 Gulf to Bay Blvd. to November 6,2008. (REZ2008-
07007)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendment to the Community Development Code to allow a reduced parking requirement for changes of use within the
Downtown (D) District where there are no existing parking spaces or available land for their construction, and Pass Ordinance 7999-08
on first reading.
SUMMARY:
Following the completion of the Cleveland Street Streetscape Project, there has been a greater interest in occupying existing buildings
and tenant spaces on Cleveland Street. However, much of this interest has involved occupying the buildings and tenant spaces with uses
that are different from those previously established. As many of the building/properties in this area have limited off-street parking or no
off-street parking whatsoever, an issue has arisen as to how conversions from office and retail uses to more parking intense uses such as
restaurants can occur. In response to this issue, the Planning Department has proposed an amendment that will add a footnote to the
existing Tables 2-902 and 2-903 within the Community Development Code. The footnote would read as follows:
For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Martin Luther
King, Jr. Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the
buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being
provided.
Patrons of these establishments can use the public parking spaces available in various locations and garages that are widely distributed
through out the Downtown area.
The Community Development Board (CDB) reviewed the proposed text amendment at its pubic hearing of September 16, 2008, and the
amendment was recommended for approval without comments.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7999-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 2-902, "FLEXIBLE STANDARD
DEVELOPMENT', "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE
DEVELOPMENT', "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING
A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE
WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO
EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR
CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties along Cleveland Street have no existing off-street parking spaces and that it may be
impossible in many circumstances for any off-street parking spaces to be constructed; and
WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street
has been determined to be critical to the City's overall health; and
WHEREAS, the City of Clearwater desires to support and facilitate the establishment of
new businesses within Downtown Clearwater; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("0")", Section
2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-902, "D" Flexible Standard Development Standards
Use Max, Height (It.) Min. Off-Street Parking ill
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30-50 3--5 per 1,000 GFA
F acili ty
Mixed Use 30-50 Based upon use requirements
- 1 -
Ordinance Noltem.l#JS24
Attachment number 1
Page 2 of 3
Nightclubs 30-50 3--10 per 1,000 GF A
Offices 30-50 1--3 per 1,000 GF A
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
1 per 20,000 SF or as determined by the community
Parks and Recreation Facilities 50 development coordinator based on ITE Manual
standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GFA
Sidewalk Vendors n/a n/a
Social and Community Centers 30-50 2--4 per 1,000 GFA
Utility/Infrastructure Facilities n/a n/a
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the usee s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("0")", Section
2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-903, "D" District Flexible Development Standards
Use Max, Height (It.) Min. Off-Street Parking ill
Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA
Attached Dwellings 30-100 1--1.5 per unit
Comprehensive Infill Redevelopment Determined by the community development
n/a coordinator based on the specific use and/or ITE
Project Manual standards
Educational Facilities 30-100 4/1000 GFA
Governmental Uses 30-100 3--5 per 1,000 GFA
Indoor Recreation/Entertainment 30-100 3--5 per 1,000 GFA
F acili ty
Limited Vehicle Sales and Display 30 2--4 per 1,000 GFA
Marinas and Marina Facilities 30 1 space per 2 slips
Mixed Use 30-100 Based upon use requirements
Nightclubs 30-100 3--10 per 1,000 GF A
Offices 30-100 1--3 per 1,000 GF A
Overnight Accommodations 50-100 .75--1 per unit
Public Facilities 30-100 1--2 per 1,000 GF A
Restaurants 30-100 5--15 per 1,000 GFA
Retail Sales and Service 30-100 2--4 per 1,000 GFA
SociallPublic Service Agencies 30-100 3--4 per 1,000 GFA
- 2 -
Ordinance Noltem.l#JS24
Attachment number 1
Page 3 of 3
Telecommunication Towers Refer to Section n/a
3-2001
Veterinary Offices, and or Animal 30 4 per 1,000 GFA
Grooming and Boarding
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7.
This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
- 3 -
Ordinance Noltem.l#JS24
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Report on Negotiations regarding Public - Private Beach Parking Garage
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 25
r-age 'I OT 4
GIBBONS, NEUMAN, BELLO, SEGALL, ALLEN,
HALLORAN & WRIGHT
A PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELLORS AT LAW
3321 HENDERSON BOULEVARD
TAMPA, FLORIDA 33609
http:\\www.gibblaw.com
FAX (813) 877-9290
(813) 877-9222
October 8, 2008
Pamela K. Akin, Esquire
Clearwater City Attorney
Via email: Pam.Akin@myclearwater.com
Re: .93 Acre Parcel For Proposed Parking Garage
Dear Ms. Akin:
This letter is a follow up to our recent discussions. This letter is intended to
supersede and replace all previous letters of intent from iStar FM Loans LLC.
As you know, our firm is legal counsel for iStar FM Loans LLC ("iStar"), in a
mortgage foreclosure suit that has been filed against Lucca Development, LLC and Fifth
South, LLC. Part of our client's collateral for its mortgage loan is the .93 acre (m.o.l.)
parcel located on the north side of 5th Street, and bounded by Coronado and Hamden.
We have filed a Motion For Summary Judgment in the foreclosure suit, and have
scheduled a hearing on that Motion on November 14, 2008. Assuming that a Final
Judgment of Foreclosure is entered at that hearing, we would anticipate a foreclosure sale
occurring approximately 30 days thereafter and a Certificate of Title to be issued in the
foreclosure on the eleventh day following the foreclosure sale (if not a weekend or
holiday).
Our client firmly believes that it will become the purchaser of the property at the
foreclosure sale because the amount owed on our client's first mortgage is substantially
greater than the current fair market value of the property. Therefore, if this foreclosure
suit is resolved in this manner, we anticipate that iStar will acquire title to the property
during the month of January, 2009.
Item # 25
Pamela K. Akin, Esquire
October 8, 2008
Page 2
r-age L OT 4
It is my understanding that the City of Clearwater is in the process of choosing a
site for construction of a parking garage on the south part of Clearwater Beach. iStar has
requested that I send this letter of intent to advise the City of the general terms upon
which iStar would be willing to sell the above-referenced parcel to the City for the
construction of the parking garage. Please understand that this letter represents a
statement of iStar' s general intent only and does not purport to be and does not constitute
a binding agreement arnong the parties. Rather, this letter summarizes, for discussion
purposes only, the basic business terms of the sale that iStar is willing to consider at this
time, based upon the information that iStar has received and reviewed to date. This letter
is not intended to be an exhaustive list of all of the terms and conditions of such sale.
Under all circumstances, iStar's obligations hereunder are conditioned upon its receipt of
fee simple title to the Property upon foreclosure of iStar's mortgage, and also upon the
approval of iStar's investment committee. Neither iStar, nor the City will have any
binding obligations until such time as a Contract For Sale and Purchase has been entered
into between the parties, and approved by authorized representatives of both parties.
Proposed Terms of Sale:
Site:
Purchase Price:
Interests to be retained:
.93 acre parcel (m.o.l.) located on the north side of 5th
Street, and bounded by Coronado and Harnden (the
"Property").
$4,500,000.00 to iStar at Closing.
iStar shall retain an option to purchase not less than 75% of
the 51 TDR's for the Property to allow grandfathered
density rights of the sold land to be transferred to other
lands retained by iStar (or to allow the TDR's to be sold by
iStar to a third party). iStar's option to purchase those
TDR's would be fully assignable and would expire 7 years
from the date of closing of the sale ofthe Garage Property,
if not exercised prior to that time. iStar would also have
the right to purchase any of the TDR's not utilized by the
City in its development of the Garage Parcel (i.e., any
TDR's not used by the City from its retained 25% of the
TDR's). The purchase price for the TDR's would be
subject to being established through an appraisal process to
be agreed upon in the Contract for Sale and Purchase to be
entered into between iStar and the City.
Item # 25
Pamela K. Akin, Esquire
October 8, 2008
Page 3
Interest to be conveyed:
Conditions:
r-age 0 OT 4
Fee simple (except for the option to purchase TDR's
referenced above) outright to the City. (iStar does not
intend to engage in ajoint venture development of the
Property with the City, and the City would be allowed to
make its own development plans for the garage parcel
without any involvement from iStar).
Contract for Sale and Purchase shall be subject to and
contingent upon iStar acquiring fee simple title to the
property through completion of the mortgage foreclosure
proceeding.
In the Contract for Sale and Purchase, the parties shall
agree upon an acceptable Inspection Period for the Property
during which the City shall be entitled to enter the Property
to conduct such inspections and testing as the City deems
necessary. If the City deems the Property to be
unacceptable, the City may terminate the Contract For Sale
and Purchase during the Inspection Period. The City shall
indemnify and hold iStar harmless from liability for all
damages to the Property and from all claims for injuries to
persons or property arising out of such Inspections.
The Property shall be sold in its AS IS CONDITION,
WITH ALL F AUL TS. iStar will make no representations
or warranties of any kind with respect to the Property
including, without limitation: the physical condition of the
Property; or its habitability; or its fitness for a particular
purpose. iStar will make no improvements or repairs to the
Property; iStar will not incur any costs, nor be liable to pay
any sums with respect to demolition of structures on the
Property. iStar shall not be required to remediate any
conditions on the Property. After Closing, the City will
assume all such responsibilities for the Property (assuming
the City does not terminate the Contract prior to the
expiration of the Inspection Period to be agreed upon and
set forth in the Contract for Sale and Purchase).
Item # 25
r-age 4 OT 4
Pamela K. Akin, Esquire
October 8, 2008
Page 4
Closing Costs:
The City shall pay any commissions owed to real estate
brokers hired by the City. iStar shall bear its own attorneys'
fees, and the City shall bear its own attorneys' fees and due
diligence costs. The costs of documentary stamps on the
deed and the expenses relating to an owner's policy of title
insurance shall be split equally between iStar and the City.
Any other closing costs other than those mentioned above,
shall be paid by the City.
Ad Valorem Taxes:
There are delinquent unpaid taxes on the Property for 2006
and 2007. iStar would pay the delinquent taxes at (or
before) closing (at a time of is tar's choosing). Taxes for
the year of closing would be prorated as of the date prior to
the date of Closing.
Closing Date:
Closing shall occur no later than thirty (30) days after the
Certificate of Title is issued to iStar in the mortgage
foreclosure suit (i.e., when iStar is able to convey
marketable title to the Property to the City).
I look forward to working with you to answer any questions that may arise as you
and the City Council consider this proposal.
'!/,Ql1," s; YJrf; III /
fwIJi ~..
,7f(.,flll /'
/~' G'bb"
~/A. Ions
GAG/sjm
cc: Rod Irwin, Assistant City Manager for Economic Development
(rod.irwin@m yclearwater .com)
Bert Haboucha, Sr. Vice President of iStar Financial, Inc.
Arden Dittmer
Item # 25
So. Beach Parking Garage
Cost Analysis
October 10, 2008
Construction Costs
Coronado
#4/#5
Land Cost
Demolition
RE Closing
RE Commission
Contingency
Parking Hard Cost
Purchase of Parking Garage from Dev.
Soft Cost
Equipment Cost
Reinforcement for Expansion
5,000,000
150,000
52,000
100,000
598,400
5,984,000
N/A
760,080
350,000
N/A
TOTAL
12,994,480
Bond Financing Proceeds
Capital Contribution
Total Funding
3,900,000
9,094,480
12,994,480
Purchase of additional 200 spaces 5 years after Hyatt (2014)
Total Cost
Coronado
#5 (Rev)
5,700,000
150,000
52,000
100,000
642,400
6,424,000
N/A
812,880
350,000
N/A
14,231,280
3,900,000
10,331,280
14,231,280
Surf Stvle
Surf Stvle Condo
Condo Revised
Included N/A
Included N/A
52,000 52,000
100,000 100,000
N/A N/A
N/A N/A
15,500,000 12,300,000 (B)
100,000 100,000
350,000 350,000
Included Included
16,102,000 12,902,000
3,900,000 3,900,000
12,202,000 9,002,000
16,102,000 12,902,000
(D) 5,000,000 5,000,000
21,102,000 17,902,000
17,202,000 14,002,000
449 sq ft 449 sq It
Total Capital Contribution Needed
9,094,480
o 10,331,280
Efficiency Ratio Per Space
429 sq It
Notes
340 sq It
3,569,000
6,468,000
646,800
213,444
853,776
548,980
12,300,000
(A) Efficiency ratio unknown. Based upon site dimensions, eff. Ratio is closer to #41#5 of 429 sq. feet/space.
(8) Staff justification of purchase price
Land
Parking Hard Costs
Harding for extra 200 spaces (10%)
Developer Fee (3%)
Soft Cost (12% of hard costs)
OTHER - unreconciled
(C) Based upon 2007 design with a separate entrance on 5th for the developers spaces
DiGiovanni
Parcel
iStar/Lucca
5,000,000
150,000
52,000
4,500,000
150,000
52,000
660,000 660,000
6,600,000 6,600,000
N/A N/A
834,000 834,000
350,000 350,000
N/A N/A
Attachment number 2
13,646:tl\JB 1 of2 13,146,000
3,900,000
9,746,000
13,646,000
3,900,000
9,246,000
13,146,000
9,746,000
9,246,000
(A)
370 sqft (C)
(0) Assumes that additional 200 spaces are purchased for $5 million at end of restricted period (2014). Present value = $4,187,421 million (6 years; 3%)
Assumptions:
All Parcels
(1) Hard construction costs@$22,000perspace
(2) Soft costs 12% of hard costs and include finance, legal and bonding costs.
(3) Revenue and expenses based upon consultation between City parking staff and parking consultant (Haahs and Associates)
(4) Bonding interest rate 6%
(5) Bond proceeds determined by approximate amount of debt payments that could be paid out of operating net profit while maintaining a $100,000+ annual profit as well
as fund a structural maintenance reserve. This could change will final design and financial analysis is completed.
(6) Bond term is 20 years
(7) Real Estate Commission assumed to be $100,000 for all parcels except DiGiovanni and iStar/Lucca which have agreed to pay real estate commission.
(8) Closing costs of $52,000 assumed for all parcels.
(9) Equipment costs of $350,000 assumed for all parcels.
(10) Contingency is 10% of hard costs for parcels where City will be in charge of constructing garage (not included on condo purchased garages)
Coronado #4/ #5:
(1) 272 spaces
Coronado #5 (Revised):
(1) 292 spaces
Surf stvle Condo Purchase:
(1) 294 spaces
(2) Cost of necessary deceleration lane on Coronado is NOT included in this comparison.
(3) structurally reinforced to allow for additional 200 spaces.
(4) Revenue and expenses based upon Haahs and Associates report with a revenue increase of 10% for better proximity to beach
(5) Soft costs are $100,000 for consultant to oversee City's interest in construction
(6) Assumes that additional 200 spaces are purchased for $5 million at end of restricted period (2014). Present value = $4,187,421 million (6 years; 3%)
Surf stvle Condo Purchase Revised:
(1) 294 spaces
(2) Cost of necessary deceleration lane on Coronado is NOT included in this comparison.
(3) structurally reinforced to allow for additional 200 spaces.
(4) Revenue and expenses based upon Haahs and Associates report with a revenue increase of 10% for better proximity to beach
(5) See note (B) above for purchase price determination
(6) Assumes that additional 200 spaces are purchased for $5 million at end of restricted period (2014). Present value = $4,187,421 million (6 years; 3%)
(7) Soft costs are $100,000 for consultant to oversee City's interest in construction
DiGiovanni Parcel
(1) 300 spaces
Lucca Parcel
(1) 300 spaces
Item # 25
1
2
3
4
5
6
1.03
1.03
1.03
1.03
1.03
1.03
Attachment number 2
Page 2 of 2
1.03
4,000,000
4,120,000
4,243,600
4,370,908
4,502,035
4,637,096
4,776,209
Item # 25
Attachment number 3
Page 1 of 7
SOUTH BEACH PARKING GARAGE ALTERNATIVES
CHASE ASSEMBLAGE #4 EAST OF CORONADO (0.7 ac.)
Financial Summary:
City would borrow approximately $3,9 million and fund approximately $9,1 million from
reserves to make sure that the project revenues would be greater than estimated
expenditures (including a structural maintenance reserve) and still generate a reasonable
net profit. Funding from reserves could come from the $6 million set aside in a project as
well as an additional $3,1 million from the Parking Fund undesignated reserves, which
currently exceed $10 million, See attached cost analysis comparison sheet. We have not
included the cost of reinforcement for expansion in these amounts,
Advantages:
. City would own the land & the structure,
. City controls design and construction process,
. Provides more north-south disbursement of parking as opposed to concentrated in
one area,
. 15' setback from Coronado & 12' from Harnden will provide Beach By Design
landscaping and architectural treatment opportunities,
. Design features / amenities (i,e" bike racks, sand rinse off area, holding area for beach
accoutrements, etc,) could be incorporated into design,
. Choice of one or two separate entrances (Coronado / Harnden),
. Could close Coronado entrance depending on impact to traffic flow (would gain 5
additional parking spaces),
. All egress is on Harnden,
. User friendly (i,e" no large ramps to navigate, elevator lobby area defined, etc,)
. Stairwells at NW & SE corners for convenience,
Di sadvantages:
. A parking garage with 300 spaces could generate anywhere from 300 to 1200
pedestrians per day crossing Coronado Drive between Second Street and Fifth
Street. This could have a major impact on the LOS of Coronado Drive (40,000
vpd peak, 20,000 vpd off-peak) as this number of pedestrians is concentrated in a
small section of roadway rather than distributed over the entire beach, This could
necessitate the installation of a signal at Second Street, and possibly pedestrian
signals at Brightwater Drive and midblock between Brightwater and Second
Street. This does not count the already identified signal that will probably be
needed at Fifth Street for general traffic control in the not too distant future, The
more signal density on a segment of road the lower the LOS, The impact to this
traffic flow of safely crossing this many pedestrians per day may be significant in
terms of delay and congestion and counterproductive to the intent of Coronado's
Item # 25
Attachment number 3
Page 2 of 7
function in Beach by Design, as it is also the main access route for the residents
on Sand Key as well as the residents on the south end of the beach,
. Access to this garage would have to be made by southbound left turns across
opposing traffic from the center lane of Coronado Drive and/or from Harnden
Drive on the east side of the garage via southbound left turns from Coronado
Drive onto Devon Drive against opposing northbound traffic,
. Requires five levels to accommodate 272 parking spaces,
. Future upward expansion of this garage to more than 300 spaces would pose
problems, as the garage would have to be closed during construction,
CHASE ASSEMBLAGE #5R EAST OF CORONADO (1.0 ac.)
Financial Summary:
City would borrow approximately $3,9 million and fund approximately $10,3 million
from reserves to make sure that the project revenues would be greater than estimated
expenditures (including a structural maintenance reserve) and still generate a reasonable
net profit. Funding from reserves could come from the $6 million set aside in a project as
well as an additional $4,3 million from the Parking Fund undesignated reserves, which
currently exceed $10 million, See attached cost analysis comparison sheet. We have not
included the cost of reinforcement for expansion in these amounts,
Advantages:
. City would own the land & the structure,
. City controls design and construction process,
. Provides more north-south disbursement of parking as opposed to concentrated in
one area,
. 15' setback from Coronado & 12' from Harnden will provide Beach By Design
landscaping and architectural treatment opportunities,
. Design features / amenities (i,e" bike racks, sand rinse off area, holding area for beach
accoutrements, etc,), could be incorporated into design,
. Choice of one or two separate entrances (Coronado / Harnden),
. Could close Coronado entrance depending on impact to traffic flow (would gain 5
additional parking spaces),
. All egress is on Harnden,
. User friendly (i,e" no large ramps to navigate, elevator lobby area defined, etc,)
. Stairwells at NW & SE corners for convenience,
. Requires only four levels to accommodate 292 parking spaces,
. Site has the best square foot per parking space efficiency ratio,
Di sadvantages:
. A parking garage with 300 spaces could generate anywhere from 300 to 1200
pedestrians per day crossing Coronado Drive between Second Street and Fifth
Street. This could have a major impact on the LOS of Coronado Drive (40,000
Item # 25
Attachment number 3
Page 3 of 7
vpd peak, 20,000 vpd off-peak), as this number of pedestrians is concentrated in a
small section of roadway rather than distributed over the entire beach, This could
necessitate the installation of a signal at Second Street, and possibly pedestrian
signals at Brightwater Drive and midblock between Brightwater and Second
Street. This does not count the already identified signal that will probably be
needed at Fifth Street for general traffic control in the not too distant future, The
more signal density on a segment of road the lower the LOS, The impact to this
traffic flow of safely crossing this many pedestrians per day may be significant in
terms of delay and congestion and counterproductive to the intent of Coronado's
function in Beach by Design, as it is also the main access route for the residents
on Sand Key as well as the residents on the south end of the beach,
. Access to this garage would have to be made by southbound left turns across
opposing traffic from the center lane of Coronado Drive and/or from Hamden
Drive on the east side of the garage via southbound left turns from Coronado
Drive onto Devon Drive against opposing northbound traffic,
. Site costs $700,000 more than site #4,
. Site contains an approximately 16' x 110' area which is not usable for the garage,
. Future upward expansion of this garage to more than 300 spaces would pose
problems, as the garage would have to be closed during construction,
BRITTS (SURF STYLE) CONDO PURCHASE OPTION
Financial Summary:
City would borrow approximately $3,9 million and fund approximately $12.2 million
from reserves to make sure that the project revenues would be greater than estimated
expenditures (including a structural maintenance reserve) and still generate a reasonable
net profit. Funding from reserves could come from the $6 million set aside in a project as
well as an additional $6.2 million from the Parking Fund undesignated reserves, which
currently exceed $10 million, See attached cost analysis comparison sheet. Includes the
cost of reinforcement for expansion in that 200 additional spaces are being built at the
same time, which can be purchased for an additional $5 million at the end of the
restricted period (present value of $4.2 million), This additional cost would need to be
funded from reserves if City is contractually obligated to purchase, This would require a
total funding from reserves of approximately $17.2 million, which could come from the
$6 million set aside in a project as well as an additional $11.2 million from Reserves,
The Parking Fund currently has $10 million, which would require an additional $1.2
million from reserves (potentially Insurance Reserves, Penny for Pinellas or other
undesignated reserves),
Advantages:
. Eliminates problem with pedestrians crossing Coronado Drive to get to the beach,
. Provides for smooth entry into the garage via a dece1lane on Coronado Drive as
opposed to queuing in the continuous left turn lane on Coronado Drive and
turning left against opposing northbound traffic,
Item # 25
Attachment number 3
Page 4 of 7
. Fits the vision of Beachwalk as the day-trippers who use this garage would be
able to immediately access Beachwalk and use the Promenades and pedestrian
facilities already planned and implemented for the beach goer to get to the sand,
There is a crosswalk in the Beachwalk development directly in front of the Britts
site for access to the beach,
. Provides for already constructed future expansion of an additional 200 spaces,
which the City can purchase after 5 years,
Di sadvantages:
. The City does not have complete control of the design, owners may not be
receptive to the City's level of design features / amenities requested (i,e" bike racks,
sand rinse off area, holding area for beach accoutrements, etc,),
. 14% ramp slope - very steep (Ground level to level 2); exceeds City's proposed
code revisions (not to exceed 12%),
. Down Ramp to exit - dangerous with 90-degree turn at base of 14% slope,
. Would not own and would have to rely on owners for structural maintenance and
repairs & unclear what those costs would be,
. Elevators are not as visible on the lower levels due to the retail/restaurant use, -
could cause user confusion,
. Not much space for Beach By Design treatments, landscaping or amenities,
. Worst square foot per parking space efficiency ratio,
. The Hyatt public parking ingress / egress driveway for 400 public spaces is
located immediately north of this site abutting the level 1 parking & delivery
truck ingress / egress - possible impact to traffic flow,
. Developers request that City fund construction might be problematic,
BRITTS (SURF STYLE) CONDO PURCHASE OPTION (REVISED)
Financial Summary:
City would borrow approximately $3,9 million and fund approximately $9 million from
reserves to make sure that the project revenues would be greater than estimated
expenditures (including a structural maintenance reserve) and still generate a reasonable
net profit. Funding from reserves could come from the $6 million set aside in a project as
well as an additional $3 million from the Parking Fund undesignated reserves, which
currently exceed $10 million, See attached cost analysis comparison sheet. Includes the
cost of reinforcement for expansion in that 200 additional spaces are being built at the
same time, which can be purchased for an additional $5 million after the restricted period
(present value of $4.2 million), This additional cost would need to be funded from
reserves if City is contractually obligated to purchase, This would require a total funding
from reserves of approximately $14 million, which could come from the $6 million set
aside in a project as well as an additional $8 from the Parking Fund undesignated
reserves, which currently exceed $10 million,
Item # 25
Attachment number 3
Page 5 of 7
Advantages:
. Eliminates problem with pedestrians crossing Coronado Drive to get to the beach,
. Provides for smooth entry into the garage via a dece1lane on Coronado Drive as
opposed to queuing in the continuous left turn lane on Coronado Drive and
turning left against opposing northbound traffic,
. Fits the vision of Beachwalk as the day-trippers who use this garage would be
able to immediately access Beachwalk and use the Promenades and pedestrian
facilities already planned and implemented for the beach goer to get to the sand,
There is a crosswalk in the Beachwalk development directly in front of the Britts
site for access to the beach,
. Provides for already constructed future expansion of an additional 200 spaces,
which the City can purchase after 5 years,
Di sadvantages:
. The City does not have complete control of the design, owners may not be
receptive to the City's level of design features / amenities requested (i,e" bike racks,
sand rinse off area, holding area for beach accoutrements, etc,),
. 14% ramp slope - very steep (Ground level to level 2); exceeds City's proposed
code revisions (not to exceed 12%),
. Down Ramp to exit - dangerous with 90-degree turn at base of 14% slope,
. Would not own and would have to rely on owners for structural maintenance and
repairs & unclear what those costs would be,
. Elevators are not as visible on the lower levels due to the retail/restaurant use, -
could cause user confusion,
. Not much space for Beach By Design treatments, landscaping or amenities,
. The above bullets reflect the possibility that this garage may not provide the
quality desired,
. Worst square foot per parking space efficiency ratio,
. The Hyatt public parking ingress / egress driveway for 400 public spaces is
located immediately north of this site abutting the level 1 parking & delivery
truck ingress / egress - possible impact to traffic flow,
CHASE ASSEMBLAGE (DIGIOV ANN!) CORONADO/ THIRD STREET (1.0 ac.)
Financial Summary:
City would borrow approximately $3,9 million and fund approximately $9,7 million from
reserves to make sure that the project revenues would be greater than estimated
expenditures (including a structural maintenance reserve) and still generate a reasonable
net profit. Funding from reserves could come from the $6 million set aside in a project as
well as an additional $3,7 million from the Parking Fund undesignated reserves, which
currently exceed $10 million, See attached cost analysis comparison sheet. We have not
included the cost of reinforcement for expansion in these amounts,
Item # 25
Attachment number 3
Page 6 of 7
Advantages:
. City would own the land & the structure,
. City controls design and construction process,
. 15' plus setbacks on Third & Harnden will provide Beach By Design landscaping
and architectural treatment opportunities,
. Design features / amenities (i,e" bike racks, sand rinse off area, holding area for beach
accoutrements, etc,) could be incorporated into design,
. Bounded by Coronado, Harnden and Third Street provides more ingress and
egress options,
. User friendly (i,e" no large ramps to navigate, elevator lobby area defined, etc,)
. Multiple stairwells for convenience,
. Requires only four levels to accommodate 300 spaces,
. Has good efficiency ratio similar to Chase Assemblage 5R.
Di sadvantages:
. Pedestrian access is probably the worst of all, Pedestrians would likely cross
midblock in an area between the Aqualea entrance/exits and the new Patel
entrance/exits, Pedestrians crossing at Second Street will also encounter a
tremendous amount of conflicts with traffic,
. Turns and conflict points at the Patel entrance/exit, Second Street, the entrance to
the dece1lane for the Aqualea, the Third Street intersection traffic and then the
entrance/exit to Aqualea all in a space of about 400 feet. A lot of conflicts,
. Access to this garage would have to be made by southbound left turns across
opposing traffic from the center lane of Coronado Drive onto Devon or Third
Street against opposing northbound traffic, Third Street intersection with
Coronado is not really good access since signalizing it would create issues with
the entrance/exit at the Aqualea which lines up south of Third Street.
. High concentration of parking in one area, less north-south disbursement.
. Future upward expansion of this garage to more than 300 spaces would pose
problems, as the garage would have to be closed during construction,
Istar/LUCCA PROPERTY (.98 ac.)
Financial Summary:
City would borrow approximately $3,9 million and fund approximately $9.2 million from
reserves to make sure that the project revenues would be greater than estimated
expenditures (including a structural maintenance reserve) and still generate a reasonable
net profit. Funding from reserves could come from the $6 million set aside in a project as
well as an additional $3.2 million from the Parking Fund undesignated reserves, which
currently exceed $10 million, See attached cost analysis comparison sheet. We have not
included the cost of reinforcement for expansion in these amounts,
Item # 25
Attachment number 3
Page 7 of 7
Advantages:
. City would own the land & the structure,
. City controls design and construction process,
. Provides more north-south disbursement of parking as opposed to concentrated in
one area,
. 15' setback from Coronado & 12' from Harnden will provide Beach By Design
landscaping and architectural treatment opportunities,
. Design features / amenities (i,e" bike racks, sand rinse off area, holding area for beach
accoutrements, etc,) could be incorporated into design,
. Bounded by Coronado, Harnden and Fifth Street provides more ingress and egress
options,
. User friendly (i,e" no large ramps to navigate, elevator lobby area defined, etc,)
. Stairwells at NW & SE corners for convenience,
. Site has the second best square foot per parking space efficiency ratio,
. Centralizes access for pedestrians at Fifth Street and Coronado at a proposed
signal location, This makes it possible to cross all the garage users at one point to
access the beach at a traffic signal. Preferable to pedestrian access at the other
site east of Coronado (including less cost for additional signal installation), Also
this allows the signal to stop northbound traffic flow and allow more gaps in the
northbound stream for the left turns to gain access to Harnden,
Di sadvantages:
. Located on the east side of Coronado Drive,
. Access to this garage would have to be made by southbound left turns across
opposing traffic from the center lane of Coronado Drive onto Devon, Third
Brightwater or Fifth against opposing northbound traffic,
. Future upward expansion of this garage to more than 300 spaces would pose
problems, as the garage would have to be closed during construction,
Item # 25
Attachment number 4
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
DiGiovanni
Lucca
N
w-<rE
Proposed Beach Garage Locations
Map Gen By: JHH Reviewed By: MQ
S- T-R: 8-29s-15e
s
m #25
Scale: 1"=300'
Map Document: (V:IGISIEngineeringILocation Mapslopt1_Prop Beach Garage.mxd)
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the 2009 Council Meeting Calendar. (consent)
SUMMARY:
Regular Council meetings are ordinarily held on the first and third Thursdays of each month at 6:00 p.m. and work sessions being the
preceding Monday at 1 :30 p.m. The proposed 2009 schedule includes the following exceptions:
1) No meeting or work session for the first Thursday of January due to New Year Holiday.
2) The work session of February 17 to start at 8:30 a.m. to allow Council to attend the Employee Awards luncheon and not conflict
with 1 :00 p.m. Community Development Board meeting.
3) Second Council meeting in April be held on Wednesday, April 15th due to Orthodox Easter on Sunday the 19th creating conflicts
for Councilmember Cretekos.
4) Second Council meeting in October be held on Wednesday, October 14 due to conflict with Opening of Jazz Holiday.
5) Second Council meeting in November be held on Tuesday, November 17 and cancel accompanying work session due to conflict
with Florida League of Cities Legislative conference November 19 and 20.
Review Approval: 1) Clerk
Cover Memo
Item # 26
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Page 1 of 1
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Item # 26
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint one member to the Municipal Code Enforcement Board.
SUMMARY:
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor,
sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Douglas Williams
MEETING DATES: 4th Wed., 3 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Jay Keyes - 100 Devon Dr., 33767 - Retired/Business Mgr.
Original Appointment: 10/17/02
Interest in Reappointment: Yes(2nd term expires 10/31/08)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Michael Boutzoukas - 2433 Bond Avenue, 33759 - Attorney
2. Bob Luna - 774 Snug Island, Island Estates, 33767 - Mortgage & Real Estate Broker
3. Louise C. Riley - 1620 Drew St., 33755 - Retired/Financial Planner
Zip codes of current members:
Cover Memo
2 at 33755
Item # 27
1 at 33756
2 at 33761
1 at 33764
1 at 33767
Current Categories:
1 Banker (Retired)
1 Business Manager (Retired)
1 Ci viI Engineer
1 Computer Systems Analyst (Retired)
1 Real Estate Acquisition/Development
1 Realtor/Investor
1 Sales Rep. (Retired)
Review Approval: 1) Clerk
Cover Memo
Item # 27
Attachment number 1
Page 1 of 2
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISO
(must be Clearwater resident)
J A ( F. ({ ~ YE.$
Home Address:
(00 'DEVoN I)/<' I V E
C{(;A 1(U-)AT~R, F{~;f!,lT)I\Zip '557(7
Telephone: 7 L 7 - 'i ~ f - I r I..f '7
Cell Phone: 1 2-7 - ~'1L -6711
Office Address:
'.;J
/V~/t
Zip
Telephone:
E-mail Address:
How long a resident of Clearwater?
Occupation: P t=r/K E ()
Field of Education:
2-, ( 'r.5l Co 117~ ~
P v fll.l ~~-> -17177-
16 YEAKS
Employer:
Other Work Experience:
/lcs7e/ 177~~.
(~ C '2 I Td>t/"
If retired, former occupation: 1? E5'7 A UK AN 7 0 tV)..J E R..
Community Activities: -rAM PA f?A I' HA~ VEST - C L F:A R tVA TE.'J( ~ (;;::., <: H
ASJoe, , Su;<J5E79 AT //I~ PIER - .JO'-L Y TR6L.L~ ~
Other Interests: /t h f:- I r.... -c:: ':i C' C1:> I t"l ~
Board Service (current and past): Board Preference:
C " de ~ hi r::>> l- c- T" l.91 -e 4. ~ L " cI e c:- "" f' air- c:: ~ Un. ~ 0 c
P (.21/"., r ';;J ,,~C> t'\, ~ a-.
Ct, '2",-t--e.lr R 'e !r( ~ ~ ~ In
Additional Comments:
Signed: ~ ?~;?------- Date: 9- ZS-ccr
~
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 27
Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.---;c, {~':{ ?t-~ 1'~dr b U f 7'0 C~ J~ ~
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
(e 5'
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
?-;z sf C:' r:'F 'C'.... , E' "" c Y'
<'t--z
71(; ;;
}J c:> ~c. cf
D- ~ J e>/<..,.c..,:;
3 (!) ye '"2. \.- ..5
(
~ S' Q
fi.- 'r -z I to 1.,.-
4. Why do you want to serve on this Board?
C l--e '21.- UJ L. ~ e~ ( 'J ~ 7' h..~ /pL, e - /" t~ '5 6 c.---:l<- ~ I/n <I ~ ~(2<5
7t~ C?2 u '12- \. ,--t '( ~f- t l.j ~ ~ (It c:l
ItA 7e C--fi-
Cot.-, d (' L { 04.,
0('
J
pl-- 0 f> ~ (,~y
/ /""' /)
Name: .J 2 Y I-. M ell:::"?
Board Name: C,~ cl-ti 6/.... c: t" tY1 'E'IA. L.
Item # 27
Attachment number 2
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: (1{ I Lkcoz.,J ~ 0 u:-:b) u....kttt <;
Home Address:
2 L/33 81OV\.J t+v,(! n u (>
t-( A.~vr LcJ c~./.-vv. FL Zip '"-?? 7S'9
Telephone: 7;),7 - 72--3 ~7 J z- z
How long a resident of Clearwater? --LMrCf
Occupation: J1-+t--., rVl 7-
Field of Education:
B -:A '. 'Fblt~((,a{ ~CteJ1U I o/F6 ~&kt'f'4
rb, S!'t::'.I"~;'Gll ()e1,V .Lt/{I-/?'(~7fLC:;~/~f/r9
Office Address:
III IV, tel e--h eA~ f(J.. ~J-<:- 201
t I.e ~ Ilt)-e.-r j'C-f.-. Zip 3 3 7~
Telephone: 7;l-7 -. 7 ZC:r- t? Z '55 y:/g
11'aK~
Employer: ?n.' t<- t<a { b\oul 0 r;( ~ uh:o(-, k"i I~
Other Work Experience:
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past): Board Preference:
1) " '" ~ w "'"fl.ru.uwJ ~99Hff9 (""41 ~/J.' 'r. l? ""I w,J I'If~ 111
tv III eCeVltI ti1l1lr'fn'.~M.-f(t ( &tA.-a.-(ll:t;&t.. /99/-tJ3_M11ft'C 1001 l..t;l"l.e /3;1 Cf't'.R//IIAd pi.
').. , o.tJ V
U\l "(\.-e.ePi...,,\ () ntl/l{tvz,/(.( 'v<-evtu.,W /~I 1'19<;-1 r
- -
Additional Comments:
Date: {tjo ,
See attached list for boar s that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, p, O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall. 2nd Floor, 112 S.
Osceola Avenue.
RECEIVED
APR 10 2008
OFFICIAl RECORDs AHD
lS6(5tA1lVESRVCS~Rf # 27
Attachment number 2
Page 1 of 1
HOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The Municipal Code Enforcement Board is typically a group of
volunteers which takes evidence and makes a quasi-judicial determination
as to whether a violation exists and that::lmposeebpenalties that
the viOlation is not cured within a defined time periOd.
2. Have you ever observed a board meeting either in person or on C-View,. the
City's TV station?
No, but I have ,serve~_on the Municipal Code Enforcement Board
for the City of Dunedin when I was a resident there.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
Nearly nine years service on the Dunedin Code Enforecement Board,
and two years of service on the Dunedin Environmental Quality
commission and the Dunedin Municipal Ordinance Review Committee
together with my experience as an Attorney whose primary focus is
Real Estate and BusinE!SS transaction related matters.
4. Why do you want to serVE~ on this Board?
T wtnild like the oppor-tuni ty to utilize my experience, background,
training and education to serve the community and the interest
of the City of Clearwater.
Name: Michael E. Boutzoukas
Board Name: Municipal Code Enforcement Board
Item # 27
t.
CITY OF CLEARWATER - APPLICATION FOR ADVISORY B~~IVED
;(2 _ ) (must be Clearwater resident)
Name: fl.-J-Ob ~ (LAJ,I1-- AUG 18_
Home Addr'?,s: Offi~ddre~ OFFICIAl. RECORDS ANIl
7 7'1" ::::,VU G I~C/JjVf) ~ liGlstAlIVESRVCSDEPT
{Y/~-L~ . Zip~~ ?r;~/
Telephone: ?)?-~>'/-8~~f-
Cell Phone: '7 J.- '7 (AI -"2~;t I
Attachment number 3
Page 1 of 2
Zip
Telephone:
E-mail Address:
How long a resident of Clearwater? <] ~. //t/t j"
Occupation: IIdf'Z'T6It~F f 72i3/t( Btifr~ ~tt~r: - J, u ;V A- cJR (,11- /,-rut-7/~'-
Fie,ld of Education: ~
/J~~~~ f~~h_~
Aat- '~71
If retired, former occupation:
Community Activities: - H /fs (j ~ 5 ~
C;C/ EtL-16 Lo Gi c;-/ '
Other Interests: 1-
Board Service (current and past):
..
>&/10C:flS -- ~/m/L1~'~Y-
Additional Comments:
Signed:
B9frd Preference: !'/\ .
(!A1f1/JUd?Ltf~ 1~~~4,'t-
~~~~~~
,~~~-e ~~~~
Date: x/;<1 /n--'-
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 27
Attachment number 3
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~ ~ .14 Art .~. r fX<<-
.Ad~
7
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
r/Yl/0
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
4. Why do you want to serve on this Board? .- $
^~ 'd /7,
2b riA- ... '7- .AA-~.
///!fJ ~.L(J "'~'Z--> '
~<:-
~
G$,
Name:
"./~" /"/)
/....." / ~
~).." ~4(~
Board Name:
Item # 27
Attachment number 4
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)l" $:'
';""" ;:;..""
Name: L D tJ, ~L5 ~. R r LeY
Home Address:
/ to ~ 0 0 RfiuJ sf
C ~,;-ItF2- I.U 11- TEfL Zip ~"'315'5
Telephone: '1;) i -- 'fi.I& ,- ?"?1'
Cell Phone:
-"",:'" -,
~~,,; , $
Office Address:
Zip
Telephone:
E-mail Address:
How long a resident of Clearwater?
Occu pation: R L= 1/ R. .;3j)
Field of Education:
~ IJ L~S
J N 5uelf-t./t'tE
F I fl.) ~ItJ (11 AL P A J4..AlIt/I/le
If retired, former occupation: r / nJ A Ai C!. I J?L fJ t- f) IIJ //.1 f;f...
.
Community Activities: (l D PI: {..= A/ ~ ORMF,v r Ad A/?.O. (JAA//< tuOM/JAI
,
'~ ;2 -/ E AI2{
Employer:
Other Work Experience:
Other Interests: 13, I J /. D ~12- OF
Board Service (current and past):
(} 0 DIE ~ AI F c;)/#fi;':1I/ r
5~ 7 S ,- F 12- 4-Alt!/S W ILSoA! ~A;rffiJr/SG~
.f"
Board Preference:
('oLle IE I\J Po /2(lc A1 1::7/1
Additional Comments:
Signed: ~<{,A~ {T. ,;;;~ Date: /t/F/'j-/cJ'l
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 27
"
Attachment number 4
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
'SeLF
T /-1 /I r
(OD[)E s AI<e- 12 /lIrdlZ~P
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
YF5
,
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
f /Is r J: X PEtf2. /LFIf/C!.(?
.,/;
4. Why do you want to serve on this Board?
-r 0 "'5 e 1!-1.I 6" r ,Ai C C'I T Y 0' r (0 ht!: A/2-w 4- T Eq,
Name: I- 0 i/l S G C! .
;(/ LSY
Board Name: Cd /)13 C.F N'F'CI/<fle /J'IIFA/'r
Item # 27
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7945-08 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use designation for certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830
Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and
Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East, from Residential Urban (RU) and Institutional (I), to
Residential Low Medium (RLM).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 28
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7945-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED NORTHEAST OF THE CSX RAILROAD RIGHT-OF-
WAY AND WOODLAWN STREET, WHOSE POST OFFICE
ADDRESS IS 802 WOODLAWN STREET, 826 WOODLAWN
STREET (826 WOODLAWN STREET IS THE ENTIRE
SUBDIVISION OF WOODLAWN TERRACE I, A CONDOMINIUM
AS RECORDED IN CONDOMINIUM PLAT BOOK 92, PAGE 32
OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA), 830 WOODLAWN STREET AND AN
UNADDRESSED PARCEL DESIGNATED AS
22/29/15/00000/320/0200, CONSISTING OF PROPERTY
LOCATED IN METES AND BOUNDS 32/02, 32/03 AND 32/07,
IN SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
FROM RESIDENTIAL URBAN (RU) AND INSTITUTIONAL (I) TO
RESIDENTIAL LOW MEDIUM (RLM); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use CateQorv
Legal Description attached
From: Residential Urban (RU) and
I nstitutional (I)
To: Residential Low Medium (RLM)
LUZ2006-08006
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
AS AMENDED
Item # 28
Ordinance No. 7945-08
PASSED ON SECOND READING
PASSED ON THIRD AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Attachment number 1
Page 2 of 2
Ordinance No. 7945-08
Item # 28
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7946-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post
office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as
22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Section 22, Township 29
South, Range 15 East, from Institutional (I) to Medium Density Residential (MDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 29
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7946-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED
NORTHEAST OF THE CSX RAILROAD RIGHT-OF-WAY
AND WOODLAWN STREET, WHOSE POST OFFICE
ADDRESS IS 826 WOODLAWN STREET (826
WOODLAWN STREET IS THE ENTIRE SUBDIVISION OF
WOODLAWN TERRACE I, A CONDOMINIUM AS
RECORDED IN CONDOMINIUM PLAT BOOK 92, PAGE 32
OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA), 830 WOODLAWN STREET AND AN
UNADDRESSED PARCEL DESIGNATED AS
22/29/15/00000/320/0200, CONSISTING OF PROPERTY
LOCATED IN METES AND BOUNDS 32/02, 32/07, IN
SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
FROM INSTITUTIONAL (I) TO MEDIUM DENSITY
RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1, The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
Zoninq District
Legal Description attached
LUZ2006-08006
From: Institutional (I)
To: Medium Density Residential (MDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 7945-08 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to S163.3189, Florida Statutes.
PASSED ON FIRST READING
Item # 29
Ordinance No. 7946-08
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 29
2
Ordinance No. 7946-08
Meeting Date: 10/13/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Amendment of Joint Motion for Entry of Final Judgment and corresponding Final Judgment in the case of Christina McNeil
Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-15. (consent)
SUMMARY:
On July 17,2008, City Council approved the settlement agreement settling the Tracey case. The settlement agreement called for the
following terms:
1. Within six months of the date the settlement agreement was approved by City Council, the City would alleviate drainage
problems alleged to have been caused by Coronado Drive construction adjacent to plaintiffs' property. Plaintiffs would provide
the City with the necessary easement to enter upon plaintiffs' property to implement this cure. The City would construct a drop
curb along the frontage of plaintiffs' property adj acent to Coronado Drive and remove all obstructions under their control from
that area. The construction design eliminates the need for drainage inlets and pipes on plaintiffs' property.
2. The construction design to be implemented by the City has been approved by the plaintiffs' engineers and plaintiffs' have
executed the necessary easement. The construction easement has been executed by plaintiffs and the final judgment order is
ready to be entered.
3. The City had agreed to pay to plaintiffs the sum of $400,000.00 in full settlement of all claims for compensation for all damages,
including all attorneys' fees and all costs of any kind, within thirty (30) days following completion of the cure.
4. Given that the construction design has received plaintiffs' approval, that no drainage easement or future maintenance will be
necessary, that plaintiffs have executed the necessary construction easement, and that plaintiffs have complied with their
obligations under terms of the settlement agreement and the rights of all parties are protected by the terms of the final judgment
order and enforceable by the court, it is recommended that the settlement funds be released to plaintiffs now.
Appropriation Code
N/A
Amount
Appropriation Comment
N/A
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 30
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 31
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Letter from Alcalde and Fay
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 32
Attachment number 1
Page 1 of 1
ALCALDE & FAY
GOVERNMENT & PUBLIC AFFAIRS CONSULTANTS
September 25, 2008
Mayor Frank V. Hibbard
City of Clearwater, Florida
112 South Osceola Avenue
Clearwater, FL 33756
Dear Mayor Hibbard:
I regret the City Council's decision to issue a Request for Proposals (RFP) for federal
representation in Washington, D.C. Alcalde & Fay's relationship with the City of Clearwater
spans nearly a decade of professional services that have yielded significant benefits for your
constituents as we have worked cooperatively with City officials and your Congressional
Delegation, who have provided tremendous and unwavering support.
As you know, less than 20 months ago we successfully responded to the City's RFP and
currently have an agreement with the City through 2012. We competed against firms such as
the MWW Group, who proposed a lower retainer than did Alcalde & Fay, and Van Scoyoc, who
had a comparable retainer. I understand that your decision to issue an RFP is not based on our
lack of performance but rather the troubling financial times for public entities throughout the
State of Florida. While Alcalde & Fay's fees are extremely competitive, and indeed, a bargain
considering the experience and level of service we provide our clients, we would be more than
willing to renegotiate our retainer while the City's budgetary crisis continues.
The City of Clearwater is an important client to us. We know your issues and have a good
dialogue on those issues already established with your Congressional Delegation, and I am
certain that we can reach a mutually agreeable fee that will allow us to continue to successfully
implement your Federal Legislative Program in Washington.
Thank you for your consideration.
Sincerely,
~
---
Hector Alcalde
Cc: City Council
William B. Horne II, City Manager
Cyndie Goudeau, City Clerk
21 II WILSON BOULEVARD 8TH FLOOR ARLINGTON. VA 22201 PH (703) 841,0626 FAX (703) 243-281tem # 32
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Letter from the Environmental Advisory Board
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 33
From: 7275624052 Paqe 1/2 Date: 8/22/20081 :45:38 PM
MU~rLCLUUO U I 'tu rTI U Lj l'ldlld~cl I L I -.JUC-'tU.JL
1/ L
Attachment number 1
Page 1 of 2
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ENVIRONMENTAL ADVISORY BOARD
100 S. Myrtle Avenue~ Clearwater, Florida 33156
To
...........-
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^
f/lfa YI n J
Mayor F:tank HibbaI:Q
City 0 f Clear.vll.t~
City Council Offil=e
112 S. Oaceola Avenue
Cle,,:r:watcr, Florid)'\. 33756
June 181\ 2008
Fr~
V WtJ )1./ L<
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Dellf Mayor Hibbard,
The Environmental Advisory Boards thinks the Mi.-yot. City COUll~ and City Staff fO,!: thelt
support of e.nvicoom.ental is~ue:l. We would :re'pettfully like to tikc:. this opportunity to outline
recer:lt progtesa that has been made, a.nd most impottantly present 0\];1; recommendations as to the.
Ilt:Kt steps that we feell9hould be the foc:;us of the Citie:s cffotts.
Accomplishments; The City hu i:ccognized the possibilities, opportunities, and benefits of being
ill the forefro.t1t as i, !Iustamability-coC.S1cious city conunitted to globil clima.te change, Notabl~
a.ccomplishments within jU(i:t the past Yl:Iar include:
· Signature of' the: United Statl!l!I Conference: of Mayor's Clim.\\te lJ,rotection Agxeo:ment. By
~pproving this docume:p.t, Ma.yot Hibbatd and the City Council confu:med their c.ommitment to
reducing gtee-chouse 8'l's.
. Council teview of thl!: BAB spon$D:ted teport IIGoing for the Grel!:n: Enhancing Envitonment'lll
5u$ta.inability in Clea,rwattt" preparea by Gtadul\te Students of Dr. Robert Brlnkmarm ,
University of Sm.lth Florida.
. Completion of the Gteenbous~ Gall In"9'ento.ty of City Opel:a.tiona by City Intero Sandra Kling,
presented Jt the Counc;;il Work Session on May 17, This project, which was ~n outg.rowth of {\
cla.ss project at the Univetslty of SO\1~ Florida. qu-antified gJ:l!:enhouse ~$ generated by the
City, Qnd is. n exiticSll first Stf;lP for setting reduction tatge.ts and Cleating a.n action pla.n.
a Thl!; de'O'elopment of the: City's eI'.lV'itonmentlilly focused website myclearwatel:.c::om/gteen,
which launched May 1st, 2008
I Significant l!lUppOtt and pl1.:rticip~tion by the City in the Pioellas Living Green Expo held at the
Ha.l:borview Confetence Centet May 2 - 41 2008.
Recommendations: The Envirorunental Ad'risory Board spooliored USF stUdy pJ:ovided a nUmbe~
of excellent ideas, which the Environmental Advisory BOll..td hall r~vlewed and which fOrms the basiS
of many of the. ideas that follow. From this. effo.l:t we present the foUowing list of {:1I:o}ects 'I.1lhic::h
we believe merit immediate consideration:
Item # 33
, ,_ This fax was received by GFI FAXmaker fax. ~erver. For more informatio!:!cyisit: .httpJI\iW\IW.gfi.co,m
From: 7275624052 Pa2e 2/2
MU~rLL-LUUO U I 'tu rTI U Lj l'ldlld~cl r L r-.Ju -'tU.JL
Date: 8/22/20081 :45:38 PM
L/L
Attachment number 1
Page 2 of 2
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~ · COll.UllUe the Gteenhouse G:a.a lnvel'lrory by completing the Citywide Invl!:ntory (in
pa.t:rnt:t:ship with the BU$hnell Center fot Susmini.bility), :ana adopting emission Reduction
Ta.tgets tOt l:ht!! City.
· Ndgbbo.thood Co~unity GllXQen9 - Board metnbet lUchatd Packman Hated tha.t
Natur~'s Food Pll.tl:h would like to SPQJ1S0t a c:or.tUn1,.1l'lity ga.c?en on a plot ,round the
Cleveland Stteet Gateway atel\, nnd a number of Nature's Food Patch ;ta.ff AIe ea.ger to get
in'Voht~dt Additional partnexships with othex organizations can also be pursued.
· Munldpal Buildings.... Just as the City is encol.l.taging local contracto~s to use either LEED
or FGBC guidelines in thei: building/tl:1'1ovation ptojects Clea1"Wl\te.t should do the lIIam=
with m.unicipal pr:opertie:s. As city pJ:ope.ttles require .renova.tions Ot upgrade.sl implement
the guidelines fot LEED BB (cJciscing building)l LEED CS (core and shcll)t 01" LEBD CI
(co1I1me.tcial interio1:s) or similu ptogtllms developed by the. FGBC (Florida G.reen Building
Coalition.)
· HazArdous Household Matetials Rec.ycling - A number of products, many of whlch .U:e
encouu,ged to lmpr:ove aUl!ltainabllity sue:h ~s batteries, COmpact florescent l1\rnpsl ~nd
clecttonJ,c equipment; tequir~ specis.l handling fot dispo$d or recycling, Recycling
opport1.:lnities ate cu.t.tently available in Cleuwater at only se'9'ct111 timc!:s a ycat, and ~t va~g
locations, The esti.blishment of a pettnanent ~(!cycling loca.tion within the City fOr collections
at loast monthly should be eEltAhlished.
· SUtit..inabllity Dc::monstration Site - M04;C;;aSln Lake Pack WaS initially established and
constt'Utted to demonlltri,t~ te.chnologies fOt eustlllnablity. Ree$tab1ishmem of this focus
shoulci be .te'Q'iewed, along with the possibility of using it as a demonstra.tion llite for new
[eehnologies such as som powet genemtion and .tecycling efforts.
· Sus[alnabillty CDOl'dlnatot ~ Establil'ih a position to independently review oppot'tunitiea
within the City for enetW savings) utilize the G.tee House Gas rnvento.ty to p.tepare
ICbc:nchmuk" me.asures to A-sslst the City in attaining lts goals, and provide feedback Crt
. efforts m2de to the MtnmUnity. Enetgy savings by even such simple. goll..l~ as instdling
a.utomatic shtltoffs fOK empty rooms such as t=stroom lighting and conflI'ming build.ings ate
Rdjuate.d to not ovetcoolJ 11'1Q.Y by themselves significantly off&et costs,
The Enviro1'ltUenta.l Ad'ris:o~'Y BoRtd believes these p.tojects a.te cost effecti'Ve and l!l'l:ce.l1~nt ptojects
to dc;:monst.r:at~ thr: Citie's corntnitment to sustlinability. Recogni21ng the lir.nitt.tions on staffinSI it is
hoped resomces can be allocatC;:Q within existing budge.t conatnints to itnplefi"ient these projeCts in
the very neat futul:'e. OUt go,s! is to con'tinu!! the momentum l\nd we ask that the City Council
t::Qntinuc the progress that hu been made by. authOti2ing necessary stAff a.nd bud$~tary r.:.ha.ngesl and
l'efocusing staff prlo.tities to the accomplishment of \:hese projects. We believl! the C:Ollt of these
'lmple changes will b~ pAid bac:k many fold by !:he cos.t l!Ia.'Vings in .t~c:luced ene.tgy.
Thl\nk you .fut: nsidetfltion of these c:omrnents.
",.."......,...
"'/'----/--' ~~i:::-
D. Michul Fll!.ne't'}\ PEj MP
Chair - Bn\riromnental Advi ory Board
Item # 33
This fax was received by GFI FAXmaker fa~s~rver. For more information-,-",::i~i,t:_h_t!P.JL'!':^^"'N.gfJ,s:or:tl_
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 34
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Representative Bill Heller - End of Session Report
SUMMARY:
Meeting Date: 10/13/2008
Review Approval: 1) Clerk
Cover Memo
Item # 35