11/03/2008
WORK SESSION AGENDA
Council Chambers - City Hall
11/3/2008 - 1:00 PM
1. Presentations
1.1 Service Awards
@l Attachments
1.2 Elizabeth Minor to present the visiting Nagano teacher.
@) Attachments
1.3 NACW A Gold Peak Performance Awards presented to Roger Hooey, Katie Anding and Jack Sadowski
@) Attachments
2. Economic Development and Housing
2.1 Approve conceptual plan for Phase II of Cleveland Street Streetscape, authorize staff to establish a new
capital project 315/388-92275, Downtown Streetscape Phase II in the amount of $4,028,925 by
transferring $1,574,000 from CRA project 388-92269, Downtown Streetscape, to the new capital project
388-92275, Downtown Streetscape - Phase II, transferring $636,000 from City project 315-92269,
Downtown Streetscape, recognizing $196,000 of HUD grant proceeds, and transferring $1,622,925 from
Central Insurance Fund reserves (to be replaced by CRA funds as they become available over the next
two to three fiscal years). (consent)
@) Attachments
3. Human Resources
3.1 Approve the collective bargaining agreement as ratified by IAFF Local 1158 for Fiscal Year 2007/08.
(consent)
@l Attachments
4. Parks and Recreation
4.1 Approve a 5-year Partnership, Operational Support and Funds Agreement from November 17,2008
through September 30,2013, between the City of Clearwater and Pinellas Core Management Services
(PCMS), for the use and supervision of the Martin Luther King Center and authorize the appropriate
officials to execute same. (consent)
@) Attachments
4.2 Accept funding totaling $75,811 and approve the corresponding agreement from Coordinated Child Care
for funding of teen programs and authorize the appropriate officials to execute same. (consent)
@l Attachments
4.3 Amend numerous sections of Chapter 22 of the City of Clearwater Code of Ordinances relating to Parks,
Beaches, and Recreation and pass Ordinance 8007-08 on first reading.
@) Attachments
5. Police
5.1 Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of 2008/2009
operations in the amount of $100,000.00. (consent)
@l Attachments
5.2 Approve the transfer of $15,909.89 received from Clearwater Housing Authority for payment in lieu of
taxes to the Clearwater Homeless Intervention Project, Inc. (CHIP). (consent)
@) Attachments
6. Public Communications
6.1 Citizens Survey Presentation - Doug Mathews, Dir. Public Communications
@l Attachments
7. Solid Waste/General Support Services
7.1 Award a Contract (Purchase Order) to C and CE Equipment of Cary, North Carolina for the purchase of
one John Deere 5425 Tractor per quote 76244 at a cost of $31,748.88 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, declare G2499, 2002 John Deere 5420 Tractor as surplus to the needs of the
City for trade-in and authorize the appropriate officials to execute same. (consent)
@) Attachments
7.2 Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL in the amount of
$200,000 for the purchase of replacement vehicle parts utilized by all City Departments during the
contract period November 7,2008 through November 30,2009 in accordance with Sec. 2.564 (1)(d),
Code of Ordinances - City of Tampa Bid 410051205 and authorize the appropriate officials to execute
same. (consent)
@l Attachments
7.3 Award a contract to Honeywell Building Solutions of Orlando, FL for the installation and service of
energy saving equipment in the Long Center for $2,445,000 in accordance with Sec. 2.564(1)(d), Code of
Ordinances - Other governmental bid and authorize appropriate officials to execute same. (consent)
@l Attachments
8. Engineering
8.1 Approve one (1.0) additional temporary FTE Police Aide position in the amount of approximately
$21,000 to assist with traffic related issues at the temporary Beach Walk parking lots along Coronado
Drive and authorize appropriate officials to execute same. (consent)
@) Attachments
9. Planning
9.1 Approve amendments to the Clearwater Comprehensive Plan to update the Capital Improvements
Element, making corrections and modifications pursuant to the updated schedule of the City's Capital
Improvement Program Budget adopted on September 18, 2008, and updating the reference to the School
District's Five-Year Work Program as adopted by the School Board on September 9,2008.
@) Attachments
9.2 Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium
High Density Residential (MHDR) District for property located at 2855 Gulf to Bay Boulevard
(consisting of a portion of Section 17, Township 29 South, Range 16 East) and Pass Ordinance 7994-08
on first reading. (REZ2008-07007)
@l Attachments
10. Official Records and Legislative Services
10.1 Appoint Councilmember John Doran to the Pinellas Planning Council for a new two year term expiring
on December 31,2010. (Pinellas Planning Council encourages the City to consider the reappointment of
Councilmember Doran, who is considered a valuable member of the Council, if he's willing to serve)
@l Attachments
11. Legal
11.1 Adopt Ordinance 7890-08 on second reading, annexing certain real property whose post office address is
2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
@:! Attachments
11.2 Adopt Ordinance 7891-08 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, upon
annexation into the City of Clearwater, as Industrial Limited (IL).
@:! Attachments
11.3 Adopt Ordinance 7892-08 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of
North Hercules A venue, upon annexation into the City of Clearwater, as Industrial, Research and
Technology (IRT).
@:! Attachments
11.4 Adopt Ordinance 7998-08 on second reading, 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.
@:! Attachments
11.5 Adopt Ordinance 8000-08 on second reading, annexing certain real property whose post office address is
1202 Keene Road, together with the abutting right-of-way, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
@) Attachments
11.6 Adopt Ordinance 8001-08 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1202 Keene Road, upon annexation into the City of Clearwater, as Residential Low (RL).
@) Attachments
11.7 Adopt Ordinance 8002-08 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1202 Keene Road, upon annexation into the City of
Clearwater, as Low Density Residential (LDR).
@) Attachments
11.8 Adopt Ordinance 8008-08 on second reading, annexing certain real property 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.
@) Attachments
11.9 Adopt Ordinance 8009-08 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property 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).
@) Attachments
11.10 Adopt Ordinance 8010-08 on second reading, amending the Zoning Atlas of the city by zoning certain
real property 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).
@:! Attachments
11.11 Adopt Ordinance 8011-08 on second reading, annexing certain real property 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.
@) Attachments
11.12 Adopt Ordinance 8012-08 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property 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).
@) Attachments
11.13 Adopt Ordinance 8013-08 on second reading, amending the Zoning Atlas of the city by zoning certain
real property 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).
@) Attachments
11.14 Adopt Ordinance 8017-08 on second reading, adopting the Second Restatement of the Money Purchase
Pension Plan and submitting the plan document to the Internal Revenue Service Employee Plans
Compliance Resolution Program.
@:! Attachments
11.15 Adopt Ordinance 8018-08 on second reading, amending and restating the City of Clearwater Premium
Payment Plan and the City of Clearwater Cafeteria Plan to comply with all legislative changes required
by law and repealing all conflicting ordinances.
@:! Attachments
11.16 Authorize assumption of the contracts to purchase Royalty Theater and the Lokey building; approve the
memorandum of understanding between the City and Ruth Eckerd Hall and authorize the appropriate
officials to execute same; authorize estimated closing costs not to exceed $90,000, and authorize an
additional $250,000 to be paid to Ruth Eckerd Hall for theater preparation costs including preliminary
architectural and constrnction manager services, for a total estimated cost of $2.65 million.
@) Attachments
11.17 Continue Public Hearing and 2nd reading of Ordinance 7994-08, rezoning 2855 Gulf to Bay Blvd., to
November 18,2008. (REZ2008-07007)
@:! Attachments
11.18 Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown parking, to
December 4, 2008.
@:! Attachments
11.19 Authorize instituting a civil action against Drill Shaft, Inc., to recover $2,053.81, for damage to City
property. (consent)
@:! Attachments
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports
@:! Attachments
13. Council Discussion Items
13.1 Appointments to Community Development Board - Councilmember Gibson
@) Attachments
13.2 Sister Cities - 50th Anniversary - 2009 Nagano Visit
@) Attachments
13.3 Council Discussion Item - review the status of Penny II projects and the list of Penny III projects.
@:! Attachments
13.4 City Manager Evaluation
@) Attachments
13.5 City Attorney Evaluation
@) Attachments
14. Other Council Action
14.1 Other Council Action
@) Attachments
15. Adjourn
16. Presentationes) for Council Meeting
16.1 Proclamation: Big East Champion USF Bulls Softball Team Weekend
@:! Attachments
16.2 Clearwater Housing Authority - Update to Mayor and City Council (Robert Aude, Chairperson)
@) Attachments
16.3 Ironman Presentation - Kevin Dunbar
@:! Attachments
16.4 Key to the City Presented to Lillian Trickel
@:! Attachments
16.5 Letter of Recognition - Fred McCool- Humane Society of Pinellas
@) Attachments
16.6 Service Award / Team Award
@:! Attachments
Work Session
Council Chambers - City Hall
SUBJECT I RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Gerard Grace
Jason Wallace
Joanne Howard
Tarik Jones
Terry Swatzell
Chris Topping
10 Years of Service
Thomas Chaplinsky, Jr.
Scott Batten
Tim Grosso
Michael Vacca
15 Years of Service
John Cole, Jr.
Michael England
Mark Hannah
20 Years of Service
Faye Wilkinson
Anne Downes Blackburn
Stephan Hole
25 Years of Service
Kenneth Szuba
30 Years of Service
Cynthia Goudeau
35 Years of Service
Robert Maran
Parks & Recreation
Solid Waste
Library
Solid Waste
Solid Waste
SWIGS Bldg. & Maint.
SWIGS Bldg. & Maint
Public Utilities
SWIGS Bldg. & Maint.
Public Utilities
Solid Waste
Marine
Solid Waste
Police
Development Services
Police
Gas
Official Records & Legislative Svcs.
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
SUBJECT I RECOMMENDATION:
Elizabeth Minor to present the visiting Nagano teacher.
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 2
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT I RECOMMENDATION:
NACW A Gold Peak Performance Awards presented to Roger Hooey, Katie Anding and Jack Sadowski
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 3
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve conceptual plan for Phase II of Cleveland Street Streetscape, authorize staff to establish a new capital project 315/388-92275,
Downtown Streetscape Phase II in the amount of $4,028,925 by transferring $1,574,000 from CRA project 388-92269, Downtown
Streetscape, to the new capital project 388-92275, Downtown Streets cape - Phase II, transferring $636,000 from City project 315-
92269, Downtown Streetscape, recognizing $196,000 ofHUD grant proceeds, and transferring $1,622,925 from Central Insurance Fund
reserves (to be replaced by CRA funds as they become available over the next two to three fiscal years). (consent)
SUMMARY:
Creating a pedestrian-friendly downtown environment, coupled with significant entrance and directional signage is a key element of the
Downtown revitalization strategy detailed in the Clearwater Downtown Redevelopment Plan.
The city retained Bellomo-Herbert and Company, Landscape Architects in August 2002 to develop a Master Streetscape and
Wayfinding Program for Downtown (including the expanded CRA area). The first phase of the implementation of the plan was
completed in December 2007 with the Cleveland Street Streetscape from Osceola to Myrtle Avenues. The $10 million construction
project was funded from Penny for Pinellas, the CRA trust fund, a Florida Department of Transportation grant and utility funds. The
goals for the first phase of Cleveland Streetscape were accomplished: 1) enhance the pedestrian environment; 2) invite residents and
visitors to Downtown; and 3) encourage private development.
The next phase of the streetscape program is imperative to the continued success of increasing redevelopment opportunities in the
Downtown. With the development of the 1100 Cleveland Street building (The Strand), the development agreement with the Crum
Services building site (former IMR/CGI), and the availability of the Prospect Lake Redevelopment Site, Phase II of the Cleveland Street
Streetscape is a critical infrastructure project that will continue to encourage and facilitate the City and CRA's redevelopment goals.
The conceptual plan for Cleveland Street Phase II continues the look and feel of the first phase of the Cleveland Streetscape, but with a
less intense, and therefore less expensive, treatment. Streetscape features will include:
o Asphalt milling and resurfacing of the travel lanes and on-street parking spaces on both sides of the street
o New concrete curbing to create new medians/traffic separators in the middle of the roadway with new landscaping
o New wide sidewalks made of specialty concrete and pavers to improve and enhance the pedestrian space. Pavers will be limited
to the corners and mid-block; concrete will make up the sidewalk with a paver banding.
o New crosswalks at all intersections to improve the appearance and safety for pedestrians
o Amenities such as benches and trash cans will be included. The type of benches will be evaluated and only be located on the
corners.
o Landscaping will include the signature medjool palms on the corners and mid-block, with street trees (crape myrtles) in between.
o The existing overhead electrical line will be removed.
o The existing span-wire signals at M.L. King and Missouri will be replaced with decorative mast arm signals.
o The proposed streetlights in Phase II will be the same except they will have single heads. They will support banner arms and will
have electrical outlets for seasonal lighting, just like in Phase I (Making this change will reduce the monthly costs to Progress
Energy by as much $1,000).
o This project will also provide public art funding (up to 1 % of the construction costs).
Estimated Cost
The project is estimated to cost $4,028,925 inclusive of design and construction.
Estimated Funding
The City has received a $196,000 appropriation from the federal government to begin the design portion of this projecf(6~fi~~rrgd at
$306,477).
Item # 4
Budget amendments of the City and CRA will establish the jointly funded project 315/388-92275, Downtown Streetscape Phase II as
follows:
$636,000 of Penny for Pinellas funds are currently available in project 315-92269, Downtown Streetscape, which will be
transferred to the new project 315-92275, Downtown Streetscape - Phase II.
$1,574,000 ofCRA funds are currently available in CRA project 388-92269, Downtown Streetscape, which will be transferred to
the new project 388-92275, Downtown Streetscape - Phase II.
$196,000 will be provided by the HUD grant proceeds.
The balance of the project budget of $1,622,925 will be provided from the Central Insurance Fund to be replaced by CRA funds as
they become available for this project over the next two to three fiscal years (2010 and 2011).
Estimated Schedule
Complete Design
Complete Bid and Council Award
Start Construction
Complete Construction
May 2009
August 2009
September 2009
September 2010
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
The City has received a $196,000 appropriation from the federal government to begin the design portion of this project (estimated at
$306,477). Budget amendments of the City and CRA will establish the jointly funded project 315/388-92275, Downtown Streetscape
Phase II as follows: . $636,000 of Penny for Pinellas funds are currently available in project 315-92269, Downtown Streetscape, which
will be transferred to the new project 315-92275, Downtown Streetscape - Phase II. . $1,574,000 of CRA funds are currently available
in CRA project 388-92269, Downtown Streetscape, which will be transferred to the new project 388-92275, Downtown Streetscape-
Phase II. . $196,000 will be provided by the HUD grant proceeds. . The balance of the project budget of $1,622,925 will be provided
from the Central Insurance Fund to be replaced by CRA funds as they become available for this project over the next two fiscal years
(2010 and 2011).
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$4,028,925
Annual Operating Cost:
Total Cost:
to
Appropriation Code
315/388-92275
Amount
$4,028,925
Appropriation Comment
See Budget Adjustment Comment
Bid Required?:
Other Bid / Contract:
Yes
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 4
Capital Improvement Project Checklist - FY 08/09
Estimated Cavital Costs:
I. Land Acquisition
A. Land SUlVey
B. Property Appraisal
C. Closing & Title Costs
Total Land Acquisition
CONSTRUCTION COSTS m. III. IV)
II. Professional SelVices
A. Architect
B. Engineer
C. Legal
D. Consulting
E. Project Management (both external and internal)
F. Marketing, feasibility, financial, traffic, other study
Total Professional Sencices
III. Site Development
A. Contamination Assessment
B. Permits (E.PA, F.D.E.P., SWFWMD, County, City, etc.)
C. Fees (Impact, proprietary, other)
D. Demolition
Total Site Development
IV. Construction
A. Outside Contractors
B. Internal City Departments:
1. Site work- Public Works
2. Parking- Traffic
3. Landscaping- Parks and Recreation
4. Building SelVices-General SelVices
C. CEI (Construction Engineering & Inspection)
Total Construction
SUBTOTAL - CONSTRUCTION COSTS
V. Furniture. MachinelV & Operating Equipment
Total Furniture, Mach, & Operating Equip
VI. Other Costs
A. Public Art
Total Other Costs
GRAND TOTAL
Estimated Cost
196,000
110,477
306,477
3,682,558
3,682,558
3,989,034
39,890
4,028,925
Attachment number 1
Page 1 of 1
10/23/2008-9:26 AM
Item # 4
Attachment number 2
Page 1 of 1
Cleveland Street Phase II - Myrtle to Missouri
Cost Estimate 10/16/08
ITEM TOTAL QTY UNIT PRICE/UNIT TOTAL PRICE
Site Work
M.OT 1 Demolition 1 L.S. $ 399,178.00 $ 399,178.00
Remove Existing Asphalt Roadway 3,464 S.Y. $ 7.50 $ 25,980.00
Remove Conc. Curbs and Sidewalks 5,200 L.F. $ 16.00 $ 83,200.00
Signalization 1 L.S. $ 300,000.00 $ 300,000.00
Traffic Signing and Marking 2,650 L.F. $ 35.00 $ 92,750.00
Electrical Service 2,650 L.F. $ 250.00 $ 662,500.00
SUBTOTAL $ 1,563,608.00
Hardscape
Mill and Resurface 10,785 S.Y. $ 12.00 $ 129,420.00
Concrete Curb & Gutter 2,332 L.F. $ 15.00 $ 34,980.00
Vertical Concrete Curb 6,183 L.F. $ 15.00 $ 92,745.00
18" Crosswalk Conc. Band 186 S.Y. $ 180.00 $ 33,480.00
Concrete Sidewalk (4") 3,596 S.Y. $ 27.00 $ 97,092.00
Paver, Type V-2 322 S.Y. $ 150.00 $ 48,300.00
Paver, Type V-3 138 S.Y. $ 150.00 $ 20,700.00
Paver, Type P-1 1,633 S.Y. $ 90.00 $ 146,970.00
Paver, Type P-2 1,205 S.Y. $ 90.00 $ 108,450.00
Handicap Ramp 35 Each $ 436.00 $ 15,260.00
SUBTOTAL $ 727,397.00
Site Amenities
Bench 21 Each $ 1,900.00 $ 39,900.00
Trash Receptacle 13 Each $ 1,800.00 $ 23,400.00
SUBTOTAL $ 63,300.00
Landscape
Live Oak 29 Each $ 850.00 $ 24,650.00
Crape Myrtle 169 Each $ 500.00 $ 84,500.00
Medjool Palm 17 Each $ 7,000.00 $ 119,000.00
Shrubs (average 30" o.c.) 5,224 Each $ 10.00 $ 52,240.00
Mulch 252 C.Y. $ 40.00 $ 10,080.00
Root barrier (Deep Root- UB 18-2) 3,278 L.F. $ 8.00 $ 26,224.00
Irrigation 2,650 L.F. $ 135.00 $ 357,750.00
SUBTOTAL $ 674,444.00
TOTAL $ 3,028,749.00
Mobilization & General Conditions $ 302,874.90
GRAND TOTAL $ 3,331,623.90
10% CONTINGENCY $ 333,162.39
OVERALL GRAND TOTAL $ 3,664,786.29
Item # 4
Attachment number 3
Page 1 of 1
CLEVELAND STREET STREETSCAPEPHASEI
&
CLEVELAND STREET STREETSCAPE PHASE II
COST COMPARISON
ITEM PHASE ONE PHASE TWO
Demolition and MOT: 1,794,568.00 508,358.00
Electrical & Lighting: 439,118.00 662,500.00
Traffic Signage & Pavement Markings: 44,776.80 92,750.00
Signalization: 524,770.00 300,000.00
Hardscape: (asphalt, concrete & pavers) 1,612,075.00 727,397.00
Site Amenities: 314,400.00 63,300.00
Decorative Signs: 14,500.00 N/A?
Landscape & Irrigation: 621,714.01 674,444.00
Progress Energy Streetlights: 1,215.00 14,687.12
Totals: 5,367,136.81 3,043,436.12
Mobilization & Administration (10%) 536,713.68 304,343.60
Grand Totals: 5,903,850.59 3,347,779.72
10% Contingency 590,385.05 334,777.97
Overall Grand Totals: 6,494,235.64 3,682,557.69
Total Length of Proj ect 1,800 LF 2,640 LF
Cost Per LF 3,607.91 1,394.90
Item # 4
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the collective bargaining agreement as ratified by IAFF Local 1158 for Fiscal Year 2007/08. (consent)
SUMMARY:
The most recent collective bargaining agreement between the City of Clearwater and IAFF Local 1158 expired on September 30,
2007. On September 18, 2008, the parties held an impasse hearing before City Council, the purpose of which was to determine solely
the amount of the general wage increase, if any, to be provided to members of the bargaining unit for the period from October 1, 2007
through September 30, 2008. The City Council, by a 4-1 vote, approved the provision of a one-time, lump sum bonus in an amount
equivalent to one-and-one-half percent of the respective employee's annual base rate of pay. The Union submitted the bargaining
agreement including the bonus provision to its membership who ratified the contract by a vote of 62 to 29 on October 9,2008. The total
cost associated with the implementation of this agreement will be $144,490. A first quarter budget amendment will reflect the
appropriation of $144,490 of General Fund Reserves to the Fire Department operating budget to cover this cost.
This is a One-year agreement with no changes to the contract except for the following provisions:
Article 9, Section 1, Wages and Compensation:
All bargaining unit employees who are currently in an active employment status as of the date of ratification of this Agreement by
the Union or the effective date by action of the City Council if the Agreement is not ratified shall be provided a one-time lump sum
gross bonus payment equivalent to one-and-one-halfpercent (1.5%) of the respective employee's annual base rate of pay, minus
applicable withholding, based on the step number the employee is allocated to as of September 30, 2008.
All other Articles and Sections of the collective bargaining agreement between the City and IAFF Local 1158 are to be continued and
maintained for the period from October 1, 2007 through September 30, 2008, except that any applicable date references have been
adjusted accordingly.
Review
Approval:
1) Office of Management and Budget 2) Human Resources 3) Office of Management and
Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 58
AGREEMENT
between
CITY OF CLEARWATER
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
Local 1158
FISCAL YEARS
2007-2008
Item # 5
Attachment number 1
Page 2 of 58
Our Mission is to work
cooperatively with labor
and management to provide
cost effective, top quality
Emergency services while
ensuring and im proving the
safety and benefits for our Mem bers
Item # 5
Preamble
ARTICLE 1
Section I
Section 2
Section 3
ARTICLE 2
ARTICLE 3
Section I
Section 2
Section 3
Section 4
ARTICLE 4
ARTICLE 5
ARTICLE 6
Section I
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE 7
Section I
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Attachment number 1
Page 3 of 58
Pa2e No.
............................................................................................................................1
Recognition and General Provisions ..............................................................1
Exclusive Bargaining Agent..............................................................................l
New Classifications...........................................................................................l
Contract Constitutes Entire Agreement .............................................................1
Rep res en ta tiv es of Parties...............................................................................l
Righ ts of Parties...............................................................................................2
Management Rights...........................................................................................2
Emergency Conditions.......................................................................................2
Union Rights......................................................................................................2
Stewards............................................................................................................ .2
Checkoff............................................................................................................ .3
Posting of Agreement........................................................................................3
Bulletin Boards..................................................................................................3
NoDi scriminati on. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .4
NoS trike........................................................................................................... 4
La bo r- Managem en t Coo pera ti 0 n ................................................................... 4
Grievance Pro ced ure .......................................................................................5
Defini ti on .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .5
Filing Procedures.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .5
Arbi trati on. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .6
Grievance Initiated by the City.......................................................................... 7
Time Limit Exceptions......................................................................................7
Grievance Initiated by Employee.......................................................................7
P ers 0 nn el Practices.......................................................................................... 7
Shift and Inspection Schedules..........................................................................7
Work Schedule Adjustments..............................................................................8
Scheduling Overtime......................................................................................... 8
Exchange of Duty Time (Swaps).....................................................................l 0
Call-In, Holdover, and Court Time..................................................................l 0
Daylight Savings Time................................................................................... .11
State EOC/FEMA Deployment....................................................................... .11
Pay Plan Administration................................................................................. .12
Prom oti ons .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .12
Demotions....................................................................................................... .12
Acting Pay....................................................................................................... .13
Fair Labor Standards Exemption .....................................................................14
Item # 5
ARTICLE 7
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
ARTICLE 8
Section I
Section 2
Attachment number 1
Page 4 of 58
Pa2e No.
Personnel Practices (cont.)
Promotional Process........................................................................................ .14
Announcements............................................................................................... .14
Eligibility........................................................................................................ .14
Disqualification of Applicants ........................................................................ .15
Scope and Character of Evaluation Process..................................................... 15
N otifi cati on of Resul ts .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .16
Appeal s from Ratings ..................................................................................... .16
Open and Promotional Eligibility Lists ...........................................................16
Appointments.................................................................................................. .16
Probation......................................................................................................... .17
Li ght Duty. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .18
Line-of-Duty Injury Pay................................................................................. .18
EMS Classifications.........................................................................................20
Firefighter/Driver-Operator .............................................................................21
Work Rules and Prevailing Rights...................................................................21
Subcontracting................................................................................................ .22
Indemnification............................................................................................... .22
Sports Acti vi ti es On Duty. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .22
Lawn Maintenance...........................................................................................22
Physical Examination.......................................................................................23
Frequency of Physicals ....................................................................................23
Types of Exams................................................................................................23
Immunizations and Inoculations......................................................................23
Physi cal Fitness................................................................................................23
Department Physician......................................................................................23
Wellness Re-Opener ........................................................................................23
Residency Requirement...................................................................................24
Tobacco Product Usage...................................................................................24
Leaves of A bsen ce ........................................................................................ ..24
Holidays.......................................................................................................... .24
Observed Holidays...........................................................................................24
Floating Holi days.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .24
Selection of Floating Holidays.........................................................................25
Payment for Floating Holidays........................................................................25
Conversion of Floating Holidays to Personal Leave .......................................25
V acati on .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .26
Accrual of V acati on Leave..............................................................................26
Use of Vacation Leave.....................................................................................27
Accrual During Military Leave........................................................................29
Conversion to Other Leave..............................................................................29
Payment for Unused Vacation.........................................................................29
Banking of Vacation........................................................................................29
Item # 5
ARTICLE 8
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
ARTICLE 9
Section I
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section II
Section 12
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
Section I
Section 2
Section 3
Section 4
ARTICLE 15
Section I
Section 2
Section 3
APPENDIX A
Attachment number 1
Page 5 of 58
Pa2e No.
Leaves of Absence (cont.)
Sick Leave....................................................................................................... .30
Accrual of Sick Leave..................................................................................... .30
Payment for Unused Sick Leave.................................................................... ..31
Sick Leave Incentive Program........................................................................ .33
Sick Leave Pool.............................................................................................. .33
Funeral Leave.................................................................................................. .34
Absence Without Leave.................................................................................. .35
Time Off From Duty........................................................................................3 5
Right to Contribute Work................................................................................ 3 6
Integrated Disability Management Re-Opener ............................................... .36
Wages an d Com pens a ti 0 n ........................................................................... ..36
Pay Schedule................................................................................................... .36
Pay Schedule Format .......................................................................................37
Merit Step Review.......................................................................................... .38
Rates of Pay.....................................................................................................3 8
Annual Personal Resource Allowance............................................................ .39
Mileage Reimbursement................................................................................. .39
Special Teams..................................................................................................40
EMS Wages..................................................................................................... 41
Training and Tuition Refund .......................................................................... .42
Clothing and Equipment..................................................................................43
Standby............................................................................................................ 44
Paycheck Issuance...........................................................................................45
Insurance........................................................................................................45
Perf 0 rman ce and Disci pi in e ......................................................................... .46
Dru g an d Al co h 01 Policy................................................................................ 46
Retirem en t ...................................................................................................... 4 7
Seniority, Layoff, and Recall.........................................................................47
Seni ori ty .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .47
Layoffs............................................................................................................. 48
Reemployment Rights......................................................................................48
30-Day Notification .........................................................................................48
Duration, Modification, and Termination ...................................................50
Amendments................................................................................................... .50
.Severability and Waiver.................................................................................. .50
Durati on ........................................................................................................... 5 0
Wages................................................................................................................i
Item # 5
Attachment number 1
Page 6 of 58
PREAMBLE
This Agreement is entered into by the Gty of Oearwater, Florida, hereinafter referred to as the
"Gty," and Local 1158 of the International Association of Fire Fighters, AFL-OO, hereinafter referred to
as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting
hanronious relations, establishing an orderly and peaceful procedure to settle differences Wrich might
arise, and setting forth the basic and full agreerrent betv\een the parties concerning wages, rates of pay,
hours of V\Ork, and all other terrr6 and conditions of employrrent.
ARTICLE 1
RECOGNITION AND GENERAL PROVISIONS
Section 1.
Exclusive Bargaining Agent
The Gty recognizes the Union as the exclusive bargaining representative in accordance with
Chapter 447, Florida Statutes, as amded, for all emplo~ in the bargaining unit defined by the Public
Emplo~ Relations Commission and issued Certification number 122 in Case No. 8H-RA-756-1129
dated September 3, 1975. All persons in the classifications designated Firefighter, Firefighter/Driver-
Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention Inspector shall be
included in the bargaining unit. All others shall be excluded.
Section 2.
New Classifications
Should the Gty and the Union agree to establish newjob classifications within the Fire DepartIrent
Wrich may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior
to staffing such classification. The parties shall submit a Union Oarification Petition to the Public
Emplo~ Relations Commission and shall negotiate appropriate wage rates, hours, and terrr6 and
conditions of employment for such classification.
Section 3.
Contract Constitutes Entire Agreement of the Parties
This Agreerrent contains the entire contract, understanding undertaking and agreement of the
parties hereto, and finally determines and settles all matters of collective bargaining for and during its terI11,
except as may be OtheMse specifically provided herein. HOV\eVer, the parties agree that the Gty
Emplo~ Pension Plan may be separately negotiated at anytime upon mutual agreerrent of both parties.
ARTICLE 2
REPRESENTATIVES OF PARTIES
Section 1. The Gty agrees that during the term of this Agreement it will deal only with the
authorized representatives of the Union in matters requiring mutual consent or other official action called
for by this Agreerrent. Authorized representatives shall be defined as the elected Officers of the Union
and duly elected or appointed stewards. The Union agrees to notify the Gty of the name of such
authorized representatives as of the execution of this agreerrent, and any change in elected Officers or
appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the
change.
I
Item # 5
Attachment number 1
Page 7 of 58
Section 2. The Union likev\ise agrees that during the term of this Agreement the Union and
the emplo~ covered hereunder shall deal only with the City Manager or his/her representative in matters
requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor
the emplo~ covered hereunder shall seek to involve the Gtys elected officials in the administration of
this Agreement or OtheMse in the operation of the Citys Fire DepartIrent; provided that nothing
contained herein shall restrict an employre's opportunity to present non-employment related matters to
such elected officials.
ARTICLE 3
RIGHTS OF PARTIES
Section 1.
Management Rights
Except as expressly limited by any provision of this Agreement, the Gty reserves and retains
exclusively all of its normal and inherent rights with respect to the managerrent of its operations, Wlether
exercised or not, including but not limited to, its rights to determine, and from tirre to tirre redetermine,
the number, location and type of its various operations, ftmctions and services; the :rrethods, procedures
and policies to be employa:l; to discontinue the conduct of any operations, ftmctions or services, in Wlole
or in part; to transfer its operations, ftmctions or services from or to, either in Wlole or in part, any of its
departrrents or other divisions; to select and direct the V\Orking force in accordance with requirerrents
determined by the City; to create, modify or discontinue job classifications; to establish and change V\Orking
rules and regulations; to establish and change V\Ork schedules and assignrrents; to transfer, promote or
demote emplo~; to layoff, furlough, terminate or othernise relieve emplo~ from V\Ork for lack of
V\Ork, lack of ftmds, or other legitimate reason; to suspend, discharge or OtheMse discipline emplo~ for
proper cause; to alter or vary past practices and othernise to take such measures as the Gty may determine
to be necessary to the orderly and efficient operation of its various operations, ftmctions and/or services.
Section 2.
Emergency Conditions
If in the sole discretion of the Gty Manager or Mayor it is determined that civil emergency
conditions exist, including but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar
catastrophes or disorders, the provisions of this Agreement may be suspended by the Gty Manager or
Mayor during the term of the declared emergency provided that wage rates and other direct monetary
payments shall not be suspended
Section 3.
Union Rights
A Stewards: There shall be one (1) Union Official or designee for all bargaining unit members on each
shift in addition to the Union Official for Fire District Chiefs. An employre V\Orking in the
classification of Fire Inspector shall be represented by the If on-duty" or other union official.
An employre having a grievance shall have the right to take the matter up with his /her Shift
Steward or other Union Officer during V\Orking tirre, provided that neither the employre nor the Shift
Steward may leave their assigned Fire Station or V\Ork area outside a Fire Station without prior
permission of the Fire Chief or his/her specifically designated representative, and, provided further,
that the employre and the Union Official shall not interfere with the normal operations of the
DepartIrent.
2
Item # 5
Attachment number 1
Page 8 of 58
All rrembers of the bargaining unit mayV\ear the I.AF.F. pin on their uniforms.
B. Checkoff: The City shall deduct and provide to the Union on a biV\eekly basis dues and uniform
assessments Owll by the employre to the Union in an aIrOtmt certified to be correct by the Union
Secretary-Treasurer. Prior to such deductiOl\ the Union shall provide the Citywith a signed staterrent
from each employre authorizing such deduction in a form satisfactory to the City.
Any authorization for dues deduction may be canceled by the employre upon 30 daY-' written
notice to the Gty and the Union.
The Union shall indemnify, defend and hold the Gty, its officers, officials, agents, and employres
harmless against any claim, demand, suit, or liability (IrOnetary or othernise) and for all legal costs
arising from any action taken or not taken by the Gty, its officials, agents, and emplo~ correctly
complying with this Section. The Union shall promptly refund to the City any funds received in
accordance with this Agreement Wrich are in excess of the aIrOtmt of basic and uniform membership
dues Wrich the Gty has agreed to deduct.
Nothing contained herein shall require the City to deduct from a salary or be otherv\ise involved in
the collection of Union fines, penalties or special assessments.
In the event an employre's salary earning" within any pay period, after deductions for withholding
pension or social security, health and/or other standard deductions, are not sufficient to cover dues it
will be the responsibility of the Union to collect its dues for that pay period from the employre.
C. Posting of Agreement: The Gty and the Union agree that this Agreement shall be posted by the
City in a conspicuous place at each Fire Station. Further, the City agrees that it will print the required
aIrOtmt of copies, no later than 75 daY-' after such Agreement has been ratified by all concerned parties,
and distribute sarre to the Union. The Union agrees, within 30 daY-' after receipt of copies of this
Agreement, to supply individual copies of this Agreement to each current member of the bargaining
unit and thereafter to provide an individual copy to each new bargaining unit member within 30 daY-' of
their becoming a bargaining unit member or allowthe Gty to retain copies to provide at newemployre
orientation. The City and the Union shall each bear one-half of the cost of production of the copies of
the Agreement, the number of Wrich shall be mutually agreed upon prior to printing. The City and the
Union shall agree on the format.
D. Bulletin Boards: The Gty agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire
Station for posting by the Union of notices of rreeting" or other official Union information; provided,
the Assistant OUef or his/her designee shall first review such posting and if fotmd to be outside of the
scope of this Section, such posting shall be IrOdified to the mutual agreement of the parties. The
District OUef will continue to include the Union notices in the intra-departmental mail Wrich he/she
delivers to the stations.
3
Item # 5
Attachment number 1
Page 9 of 58
Section 4.
No Discrimination
The City and the Union specifically agree that the provisions of this Agreement shall be equally
applicable to all emplo~ covered herein without regard to race, color, religion, sex, national origin,
rrembership or non-membership in labor organization, or age, as provided by law:
Any claim of discrimination under Federal or State civil rights laV\5 by an employre against the Gty,
its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall
be subject only to the :rrethod of review prescribed by law: Nothing herein contained shall preclude the
right of an employre to grieve and arbitrate disciplinary action taken by the Gty, except as othernise herein
provided.
ARTICLE 4
NO STRIKE
Section 1. The Union agrees that during the term of this Agreement, it shall not authorize,
instigate, condone, excuse, ratify or support any strike, slowloWl, sit-doWl, V\Orkstoppage or any other act
of like or similar nature likely to interfere with the efficient operation of the Citys affairs engaged in or
supported by members of the Union and/or emplo~ represented by the Union or other agents or
representatives of the Union. The parties specifically incorporate herein the provisions of FS. 447.505,
447.507 and 447.509.
Section 2. Should the Union or emplo~ covered by this Agreement within the Gtys Fire
DepartIrent breach this Article, the City may then proceed against the Union as covered in FS 447 and
such sections of state and federal law that may apply. The City V\Ould also be entitled to obtain an
injunction with notice at ex-parte hearing for breach of this Article.
Section 3. Should any rrember of the bargaining unit be found guilty of striking as defined in
Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such
violation constitutes just cause for dismissal.
ARTICLE 5
LABOR-MANAGEMENT COOPERATION
The City and Union agree to maintain a single cooperative Labor /Management committee for both
IAFF Local 1158 bargaining units. The committee shall consist of an equal number of :rrembers of each
party not to exceed a total of eight (8) members. I t is understood that this committee in no way is a
substitute for the grievance procedure or the right of collective bargaining but has been established for the
purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or
may eventually become items of collective bargaining grievances, or litigation.
4
Item # 5
Attachment number 1
Page 10 of 58
ARTICLE 6
GRIEVANCE PROCEDURE
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the
interpretation or application of the terms of this Agreerrent, including Civil Service Rules and Regulations,
except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing
the remedy sought to resolve the grievance.
Section 2. All grievances filed shall be submitted on the appropriate form (City form # 9900-
0061, IAFF Grievance Form), and shall refer to the specific Article and section of this Agreerrent or Ovil
Service Rules and Regulations upon Wrich the grievance is based, and shall contain a concise written
statement of the facts alleged to support the grievance, and shall be signed by the grievant or
representative. A Grievant may be accompanied by a representative of the Union at any time during the
Grievance Procedure. Nev\iy hired probationary emplo~ shall not have access to the Grievance
Procedure for any matter of discipline (including discharge), assignments, scheduling or access to training
opportunities during the probationary period Any grievance by a permanent employre relating to
suspension or dismissal shall be initiated at Step 2.
A grievant is prohibited by law from filing an appeal with the Ovil Service Board once a grievance
is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals.
Grievances may be filed and processed by the Union except grievances of discipline that must be
initiated by the disciplined emplo~.
As used in this Article, the term "employre" may also rrean a group of emplo~ having the same
grievance. In such event, one employre shall be designated by the group of emplo~ to act as a
spokesperson and shall be responsible for processing the grievance. All emplo~ in the group shall be
identified, hOV\eVer only the spokesperson needs to sign the grievance.
For purposes of this Grievance Procedure, normal V\Orking hours shall be considered 8:00 am to
5:00 p.m and normal V\Orkdays shall be considered Monday through Friday, holidays excepted.
STEP 1
The grievant shall present his/her grievance in writing to his/her Assistant OUef or Fire Marshal
within 10 V\Ork days after the grievant has knowedge or constructive knowedge of the occurrence of the
action giving rise to the grievance. The Assistant OUef or Fire Marshal shall arrange for a rreeting with the
grievant within 10 V\Ork days of receipt of the grievance. Discussions will be informal for the purpose of
settling differences in the simplest and most direct manner. The Assistant OUef or Fire Marshal shall
reviewthe grievance and submit a decision in writing to the grievant within 10 V\Ork days from the date of
the meeting. If the grievance is not resolved at Step 1, the grievance may be appealed to Step 2.
5
Item # 5
Attachment number 1
Page 11 of 58
STEP 2
If the grievance is not settled at the first step, the grievant shall, within 10 V\Ork daY-' of the date of
written notification from the Assistant Chief or Fire Marshal, present the written grievance to the Fire
Chief or his/her designee. The Fire Chief or his/her designee shall obtain the facts concemingthe alleged
grievance and shall, within 10 V\Ork daY-' folloV\ffig receipt of the written grievance, meet with the grievant.
The Fire Chief or his /her designee shall review the grievance and notify the grievant of his /her decision in
writing not later than 10 V\Ork daY-' folloV\ffig the meeting day. If the grievance is not resolved at Step 2,
the grievance may be appealed to Step 3.
STEP 3
If still unresolved, the grievance may be submitted to the City Manager or his/her designee within
10 V\Ork daY-' of the date of written notification from the Fire Chief or his/her designee. At the request of
the grievant, the City Manager or his/her designee shall meet with the grievant. The grievant must make
this request to meet with the Gty Manager at the tiIre of submission of the grievance to the City Manager
or designee. If so requested, the City Manager or designee shall arrange a meeting with the grievant within
10 V\Ork daY-' of the request. The City may determine vIDO shall meet with the employre. Within 10 V\Ork
daY-' of the meeting the Gty Manager or his/her designee shall notify the employre, in writing of his/her
decision.
If no meeting is requested by the grievant at the tiIre of submission of the grievance to the Gty Manager
or designee, the Gty Manager or designee shall notify the employre of his /her decision in writing within 10
V\Ork daY-' of receipt of the grievance. If a grievance is not submitted to the Gty Manager or his/her
designee, it shall be deerred to have been resolved at Step 2 to the grievant's satisfaction. The City shall
notify the Union in writing of any change in the City Manager's designee for the receipt or hearing of
gnevances.
Section 3. In the event that the grievance is still unresolved, the matter may be submitted to
final and binding arbitration as provided in this section.
A Within 10 V\Ork daY-' of the decision of the City Manager, the aggrieved party shall notify the Gty
Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal
Mediation and Conciliation Service a list of seven narres of qualified arbitrators. After the receipt of
such a list, representatives of the parties shall meet and each party shall strike three narres. A flip of the
coin shall determine vIDO shall strike the first name, and then the other party shall strike a name. The
process shall then be repeated tmtil one name remains and the remaining name shall be the arbitrator
selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration
hearing shall be held Each party shall pay its oWl expense for its representative, comsel and
witnesses. The charges of the arbitrator shall be shared equally by the Gty and the aggrieved party.
The decision of the arbitrator shall be final and binding on both parties, except that either party may
seek review as provided by law: The arbitrator shall have no poV\ef to add to, subtract from, rrodifyor
alter the terIr6 of this Agreerrent.
B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this
Agreerrent shall be furnished to both parties within 30 calendar daY-' from the close of the hearing or
as othernise agreed to by both parties.
6
Item # 5
Attachment number 1
Page 12 of 58
Section 4. Formal Processing of Grievance Initiated By The City
Where any provision of this Agreement involves responsibility on the part of the Union Wrich, in
the view of the City, is not properly being carried out, the Gty may present the issue to the Union as a
grievance. If such grievance cannot be resolved by discussion betv\een the City and the unit representative
on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her
designee by giving written notice to the business agent of the Union. Such notice shall indicate the
provision(s) of the Agreement Wrich the City contends is/are not properly being carried out by the Union.
If not resolved within 10 V\Ork daY-' folloV\ing receipt by the Union of the written grievance, the Gty may
submit the grievance to arbitration tmder the provisions of Section 3 of this Article.
Section 5. All of the tirre limits contained in this Article may be extended by mutual written
consent of the parties.
Section 6. If an employre chooses to process his/her oWl grievance, the Union must be
invited to attend anymeetingWlere the resolution of the grievance may occur. FS 447.301(4)
ARTICLE 7
PERSONNEL PRACTICES
Section 1.
Work Schedule
A Hours and DaY-' of Work Shifts shall start at 8:00 AM each V\Ork day and end at 8:00 AM the
folloV\ing IrOming. Total: 24 hours. Coverage shall consist of three shifts: "A:', "B", and "e', Wrich
will V\Orkin the folloV\ingrotation (see sample IrOnthlyV\Orkschedule below?:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 V\Ork 2 off 3 V\Ork 4 off 5 V\Ork 6 off 7 off
8 off 9 off 10 V\Ork 11 off 12 V\Ork 13 off 14 V\Ork
15 off 16 off 17 off 18 off 19 V\Ork 20 off 21 V\Ork
22 off 23 V\Ork 24 off 25 off 26 off 27 off 28 V\Ork
29 off 30 V\Ork, etc.
B. Inspection Division: Fire Inspectors will V\Ork in shifts of 8:00 AM to 4:30 P.M and 7:30 AM to
4:00 P.M, Monday through Friday, with a 30-minute ltmch break for each inspector. The OUef
reserves the right to assign the necessary personnel to each shift Wrich, in his/her judgrrent, provides
for IrOst effective departmental operations.
C. Employees will be awarded a Kelly Day for every 18 daY-' V\Urked Tills means they will be
scheduled to V\Urk 18 consecutive shift daY-' and will be scheduled off the 19th scheduled shift
day. Tills will result in a 53.0526 hour V\Urk V\eek
7
Item # 5
Attachment number 1
Page 13 of 58
Section 2. New and existing employees may be reassigned for Light Duty, training, out-of-
area deployments, or voluntary special project opporttmities. Emplo~ shall continue to be paid their
standard biV\eekly pay during such assigmrents. All hours actually V\Orked during such assigmrents shall
be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with
Article 7, Section 8, D.
Section 3. DepartIrent policy may require the scheduling of overtime. The department shall
attempt to equalize overtime to the extent practicable. The selection of certified and/or trained individuals
may be required and shall be allowU The current practices regarding overtime compensation shall be paid
as defined in this Agreement. The duties detailed below shall be perfonred at the Fire District Chief or
Fire Assistant Chief level except as OtheMse assigned by the Fire Chief or his/her designee.
A Overtime Lists
1. Relief (emplo~ assigned to the sarre job classification vIDO are coming off of a shift) and Back-
up (emplo~ assigned to the same job classification vIDO are on four daY-' off) lists shall be
maintained for the assigning of overtime. The overtime lists shall be maintained as an electronic
document to be accessible through the department's computer share directory.
2. The lists shall be up:lated daily by an assigned Fire District Chief or Fire Assistant Chief.
3. The lists shall consist of those emplo~ vIDO elect to V\Ork overtime. At the start of each shift,
emplo~ shall notify the Fire District Chief or Fire Assistant Chief if they desire to be eligible for
overtime on subsequent shifts.
4. Narres will be arranged on the overtime list by classification in ascending order of overtime credits.
B. Overtime Credits
1. Employees shall be assigned credits hour for hour based on the overtime hours V\Orked.
2. Employees vIDO refuse an overtime assignment vIDen contacted betv\een 7:30 and 8:00 am after
agreeing to be available for a shift shall be assigned credits equaling the number of hours of the
shift refused. No credits will be added for refusal after 8:00 am
3. No credits shall be added for the refusal of shifts less than 12 hours, nor shall credits be added for
V\Orking a shift of less than 8 hours.
4. Inability to contact an employee vIDO has agreed to be available shall not be cause for adding
credits.
5. Credits shall be deducted vIDen an overtime shift for Wrich an employee is scheduled is canceled
6. New emplo~ shall be placed on the list after six rronths of service with the number of credits, as
calculated by the Fire District Chief or Fire Assistant Chief, equal to the average accumulated by all
emplo~ in the same classification on the list at that tirre.
7. Overtime credits shall not be carried over from)ffif to )ffif and shall be zeroed out effective
January 1 of each)ffif. Initial overtime assigmrents each )ffif shall be made on the basis of
DepartIrent seniority among emplo~ in the same classification on the list.
8
Item # 5
Attachment number 1
Page 14 of 58
C. Selection Procedures
Every effort shall be made by the Departrrent to complete the necessary assess:rrents to implement the
process below within six months of the effective date of this Agreement. Bargaining unit personnel
shall be required to cooperate and assist with the administration and completion of the assessment
process as directed by the Departrrent and shall be accmmtable for the doing so in accordance with
Departrrent guidelines.
1. The Fire District OUef or Fire Assistant OUef shall be responsible at the beginning of each shift for
the assignment of on-duty personnel to provide adequate coverage within the Departrrent's
minimum staffing requirements. Emplo~ vIDO are on current eligibility lists or vIDO are placed
on established "Acting" eligibility lists upon meeting the minimum qualifications and having been
deerred qualified by the Departrrent for the necessary classification shall be transferred, assigned
laterally, or utilized in an Acting capacity prior to the scheduling of overtiIre. E mplo~ shall be
chosen vIDO will result in the least ammmt of disruption to operations, first from those emplo~
vIDO are on the respective eligibility list and vIDO have been determined qualified by the
Departrrent, then from those emplo~ on the "Acting" eligibility list vIDO have been determined
qualified by the Departrrent. When the number of on-duty personnel is sufficient to provide
coverage to meet the Departrrent's minimum staffing requirements, no assignment of an individual
to an Acting capacity shall occur if it will result in the necessity of overtiIre. Should the number of
on-duty personnel be below the established minimum staffing threshold, the Fire District OUef or
Fire Assistant OUef shall be responsible for the scheduling of overtime by contacting the
appropriate employre position for position by classification vIDO has the 10V\eSt number of credits
on the list.
2. The Fire District OUef or Fire Assistant OUef shall attempt to fill the overtime position by utilizing
the "Relief" list and then by the "Back-up" list.
3. Should no employre in the necessary classification be available from either the Relief or Back-up
list, then the Fire District OUef or Fire Assistant OUef shall attempt to fill the position by utilizing
an employre on his/her oWl shift vIDO is on the eligibility list for the classification. If the Fire
District OUef or Fire Assistant OUef is successful, he/she shall then attempt to fill the new.y
created opening by proceeding from step 1 above.
4. If the Fire District OUef or Fire Assistant OUef is msuccessful in step 3, he/she shall attempt to fill
the position by utilizing an employre from the overtime lists vIDO has the 10V\eSt number of credits
and is on the eligibility list and vIDO has been determined qualified by the Departrrent for the
necessary classification.
5. If the Fire District OUef or Fire Assistant OUef is msuccessful in step 4, he/she shall attempt to fill
the position by utilizing an employre vIDO meets the minimum eligibility requirements and vIDO has
been determined qualified by the Departrrent for the necessary classification first from his /her
oWl shift and then from the overtime lists.
6. Failing all of the above, the Fire District OUef shall contact the applicable Fire Assistant OUef to
determine vIDether the affected unit may be taken out of service.
9
Item # 5
Attachment number 1
Page 15 of 58
Section 4.
conditions:
Emplo~ within the Department may exchange on-duty time upon the folloV\ffig
A That the person filling in be acceptable to the company officer and shift commander prior to the
change.
B. That the persons desiring the exchange notify the company officer of the anticipated change not less
than 24 hours prior to the start of the anticipated change unless such exchange arises under errergency
situations.
C. That no person may be allOwll to exchange more than 120 hours per fiscal )ffif unless the Fire
Assistant OUef or Fire Deputy OUef /Operations in his/her discretion allOV\5 persons to exceed such
limitation.
D. That the member V\Orking the time will be covered by all applicable benefits in case of injury Wille
filling in, but will not receive pay for this period
E. If the person agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her
appropriate leave account or pay will be charged.
F. The person agreeing to fill in for another member is obligated to remain on duty in the absence of the
person with Wlom the exchange is made.
G. Notwithstanding any provision to the contrary above, the Gty shall not be required to allow an
exchange if doing so V\Ould impose upon the City liability for any additional overtime compensation
over Wlat persons may OtheMse be entitled to. Prior to discontinuing the exchange allowance for this
reason the Gty shall notify the Union concerning the legal basis for the decision to do so.
H. Time exchange is subject to a one hour minimum and at one hour increments. Any premium of acting
pay shall be in accordance with Departmental policy.
Section 5.
Call-in/Ho1dover/ Court Time
A When an employre is called in at least 30 minutes prior to the start of his /her regularly scheduled shift
to perform the duties and responsibilities of an established Fire Department job classification, he/she
will be paid a minimum of four hours at the overtime rate of pay. The Gty may require the employre
to remain on duty for the duration of the four hour period or for as long as he/she is needed, at the
option of the Gty.
B. When an employre is held over past the end of his/her regularly scheduled shift to perform the duties
and responsibilities of an established Fire Department job classification, the time held over shall be
counted as time V\Orked. The employre shall be guaranteed pay at the overtime rate for actual time
V\Orked with no minimum guarantee. The Gty may require the employre to remain on duty as long as
the employre is needed, at the option of the Gty.
10
Item # 5
Attachment number 1
Page 16 of 58
C. Anyemployre vIDOse appearance is required in Circuit Court or County Court as the result of a matter
arising out of the course of his /her employment, shall receive a minimum of tv\o hours pay if such
attendance is during the employre's off-duty hours. This time will be counted as hours V\Orked toward
the calculation of overtime. This same provision shall also apply vIDen the employre is subpoenaed to
appear at the State Attorneys Office, Public Defender's Office, or a private attorneys office, in a
criminal case arising from the employre's course of employment. HOV\eVer, this provision shall not
applYvIDen an employre or the Union has brought an action against the City or any Gty official.
D. Employres vIDO participate in meeting" or on committees at the request of the Gty shall have all su:h
time counted as hours V\Orked and shall be paid at their regular rate of pay. The holdover and call-in
provisions as outlined in this Section shall not apply to time spent participating in meeting" or on Gty
committees.
Section 6. Daylight Savings Time
All bargaining unit rrembers on the regularly scheduled shift in the Fall that as a result of
Daylight Saving Time actually V\Ork (sV\eat) tv\rn.ty-five hours shall receive their standard biV\rekly rate
of pay plus one additional hour in the affected pay period The additional hour actually V\Orked shall be
counted towards the calculation of Overtime at the end of the respective FLSA cycle.
All bargaining unit members on the regularly scheduled shift in the Spring that as a result of
Daylight Saving Time actuallyV\Ork (sV\eat) tv\rn.tythree hours shall receive their standard biV\reklyrate
of pay in the affected pay period The additional hour not actually V\Orked shall count as hours actually
V\Orked and shall be counted towards the calculation of Overtime at the end of the respective FLSA
cycle.
Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours
in either of the above instances. Exchanges of on-duty time (swaps) on the affected days shall be treated in
accordance with Section 4 of this Article. As such, the regularly scheduled employre shall be entitled to
credit for the additional hour in the Fall.
Section 7.
State EOCjFEMA Initiated Emergency Deployment
I t is understood that the Department may deploy personnel to render aid and assistance to other
jurisdictions in accordance with State EOC and or FEMA initiatives. No bargaining unit employre will be
involuntarily assigned to deploy under this paragraph Such deployments shall not be subject to the call-in
provisions as outlined in Section 5 of this Article. Emplo~ subject to such deployments shall not suffer
a loss of any regular pay the employre V\Ould otherV\ise have received if not dispatched as a result of the
assigmrent. HOV\eVer, any pay above and beyond the employre's regular pay shall be based upon and
subject to Section 2 of this Article and the reimbursing agency guidelines. Where such guidelines are
available, they shall be provided to the emplo~ at the time of assigmrent.
Emplo~ vIDO are deploya:! in accordance with the provisions above shall be eligible for any
applicable insurance, including Workers Compensation, to the extent provided by the plan terms or
applicable lawfor the duration of such deployment.
11
Item # 5
Attachment number 1
Page 17 of 58
Section 8. Pay Plan Administration
A Promotions:
1. Upm promotion from one classification to a higher level classification, an employre shall be placed
into the step number in the higher level classification Wrich is the same as the step number to
Wrich he/she is assigned in his/her current classification (for example, a Step 6 Firefighter V\Ould
be prOIrOted into Step 6 of the Fire Medic range or a Step 5 Fire Medic V\Ould be prOIrOted into
Step 5 of the Fire Lieutenant range), except for prOIrOtiOns to the classification of Fire District
Chief, vIDereby emplo~ vIDO are prOIrOted shall be placed at the Fire District Chief pay range
minimum or shall receive a 5% promotional increase, Wrichever results in a greater increase in pay.
Anyportion of the promotional increase Wrich, vIDen annua1izecL exceeds the established pay range
maximum shall be paid as a one tirre lump sum bonus payment, and such emplo~' s base rate of
pay shall be adjusted to the pay range maximum. Under no cirCill11Stances will the employre's
promotional base rate of pay exceed the established pay range maximum.
2. A higher level classification shall be deerred to be one having a higher maximum rate of pay. A
promoted employre shall maintain his/her existing annual performance review date for the
purpose of determining eligibility for subsequent annual performance revieV\5.
3. If an employre was aIrOng personnel "grandfathered-in" to E.MT. pay by the original and
subsequent City-IAFF Contracts, such employre shall, upon promotion, be promoted in
accordance with paragraph A above and shall thereafter have the E.M T. pay added as a
supplerrent to the new base pay in the higher class.
B. Demotions:
1. An employre vIDO is derroted vohmtarily, for lack of V\Ork occasioned by consolidation of a
municipal function by another governmental agency, for lack of V\Ork generally, for lack of ftmds,
or for other causes beyond his /her control, shall be placed into the step number in the loV\ef level
classification Wrich is the sarre as the step number to Wrich he/she is assigned in his/her current
classification (for example, a Step 6 Fire Medic V\Ould be demoted into Step 6 of the Firefighter
range or a Step 5 Fire Lieutenant V\Ould be demoted into Step 5 of the Firefighter /Driver-Operator
range).
An employre may be alloV\ed, with the prior approval of the Fire Chief, to demote only to a loV\ef
level classification for Wrich a position vacancy exists and for Wrich the employre meets the
minimum eligibility requirements at the tirre of demotion. A demoted employre shall maintain
his/her existing annual performance review date for the purpose of determining eligibility for
subsequent annual performance revieV\5. A derrotion shall be defined as any change of an
employre from a position in one class to a position in a class of a loV\ef level. A loV\ef level
classification shall be deemed to be one having a loV\ef maximum rate of pay. For non-voltmtary,
non-disciplinary demotions, such employre shall be placed at the head of the reemployment list for
the class from Wrich he/she was deIrOted
12
Item # 5
Attachment number 1
Page 18 of 58
2. An employre vIDO is appointed from layoff from the reemployment list to a position in the
departrrent in Wrich he/she previously served shall be paid at the step in the pay range Wrich is
equivalent to the step he/she was receiving vIDen he/she was separated and shall be eligible for
advance:rrent to the next step vIDen he/she shall have been re-employa:! a sufficient number of
daY-' to make up the number of daY-' he/she lacked for eligibility at the time of separation. An
employre vIDO is appointed from the reemployment list to his/her previous higher level
classification after having taken a non-vohmtary, non-disciplinary derrotion shall be placed into the
corresponding step in the higher level classification that is the same as the step number to Wrich
he/she is assigned in the current classification and shall maintain his/her annual review date for the
purpose of determining eligibility for subsequent annual performance revieV\5.
3. An employre vIDO is appointed from the reemployment list to a position in another departIrent
than that in Wrich he/she was previouslyemploya:! may be paid at the same step or rate of pay in
the pay range as that Wrich he/she was being paid vIDen separated, or any step or rate of paywithin
the range Wrich is not above the step or rate of pay at Wrich he/she was previously paid
C. Acting Pay
1. Acting pay shall be provided to anyemployre vIDO is assigned in an acting capacity to a position in
a class of a higher level for a minimum of four hours. An employre shall be deerred qualified and
shall be required to act in a higher level classification if he/she is on the existing eligibility list, or if
he/she is placed on an established II Acting" eligibility list upon being determined, after agreeing to
participate in a process to be conducted by the DepartIrent, to rreet guidelines established by the
DepartIrent for the higher level classification. The Fire District OUef or Fire Assistant OUef shall
fill Acting assignments vIDen the DepartIrent is at or above minimum staffing levels by choosing
emplo~ vIDO will result in the least ammmt of disruption to operations and in accordance with
Article 7, Section 3, C.
2. Acting Pay shall be 5% above the employre's current base rate of pay.
3. Acting Pay Removal
Acting pay shall cease to be paid to a bargaining unit rrember vIDen:
The employre is reassigned, transferred, derroted or promoted to any position not
involving the performance of the acting ftmction, or the acting position is removed by the
DepartIrent or other appropriate authority pursuant to provisions of the collective bargaining
Agree:rrent. Acting pay terminates at the time of the job function change or at the time of the
formal assignment reIrOval.
13
Item # 5
Attachment number 1
Page 19 of 58
Any emplo~ vIDO has elected to be included on the established /I Acting" eligibility list
may, with 30 daY-' notice, be vohmtarily removed from the list. The Department at its discretion
may at any time remove an employee from the /I Acting" eligibility list. The Department will
provide the emplo~ with the reason for removal from the list. Those Paramedic certified
emplo~ vIDO are assigned to the non-Paramedic classifications of Firefighter and
Firefighter/Driver-Operator, and vIDO elect to vohmtarily be removed from the /I Acting"
eligibility list and no longer be eligible for a Paramedic certification pay differential, shall not be
permitted to request reinstatement to the established /I Acting" eligibility list for a period of six
months from the time they are removed from the list.
4. Acting Eligibility List Shortages
In the event the Department determines that an insufficient number of emplo~ are
WIling or qualified to serve in an Acting capacity for a given job classification, the Union agrees to
discuss and, if necessary, negotiate changes or impacts as required by law: This includes but is not
limited to changes such as qualification requirerrents for classifications and prorrotion,
rrodification of external hiring and employrrent criteria, modification or elimination of job
classifications, or changes to Acting requirerrents.
D. Fair Labor Standards, Section 7(k) Exemption
1. The City of Oearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k)
exemption, has established a 27-dayV\Ork cycle for emplo~ in the bargaining unit vIDO V\Ork 112
hours biV\eekly.
2. All emplo~ in the bargaining unit, with the exception of Fire Prevention Inspector, shall be paid
overtime only for all regular hours actually V\Orked in excess of 204 hours during the designated 27-
dayV\Ork cycle. Fire Prevention Inspectors assigned to a 40-hour V\eekly schedule shall be eligible
for overtime for all hours actuallyV\Orked in excess of 40 hours per V\Ork V\eek
Section 9. Promotional Process
A Promotional evaluation aImmmcerrents will be posted in each station at least 30 daY-' prior to the filing
deaclline.
B. Each aImmmcerrent of a prorrotional evaluation shall state:
1. The title of the class for Wrich the eligibility list is to be created.
2. The nature of the V\Ork to be performed
3. The minimum qualifications Wrich may be required for admission to the evaluation process.
4. The general scope of the evaluation process to be used
C. Eligibility for prorrotional evaluation processes may be restricted to persons employffi in designated
loV\ef classes and/or in designated organizational units.
14
Item # 5
Attachment number 1
Page 20 of 58
D. Disqualification of Applicants
The Human Resources Director, on behalf of the City, may reject the application of any person for
admission to any evaluation process or refuse to evaluate any applicant or to certify the name of an
eligible for appointment if, in his/her opinion, it is found:
1. That the applicant fails to meet the established qualification requireIrents for the classification.
2. That the application was not filed on or before the closing date for receipt of applications specified
in the public announcement.
3. That the applicant has made an intentional false statement as to any material fact, has practiced or
attempted to practice deception or fraud in his /her application or in securing eligibility or
appointment. This provision shall be interpreted to include the use of any other than the
applicant's legal name in making application.
4. That the applicant has a record of previous msatisfactory service in City employment or elseW1ere
for the past tv\{) )ffifS of such a nature as to demonstrate msuitability for employment in a position
of the class for Wrich he/she is applyffig.
5. That the applicant fails to meet standards for the position that are required by State and/or Federal
law or applicable rules under such 1av\5.
6. Any person vIDO, by order of the Human Resources Director, is denied permission to compete in
any prorrotional evaluation process or vIDOse eligibility is canceled under the provisions of this
section may make a written appeal to the City Manager for a final decision.
E. Scope and Character of Evaluation Processes
1. Provisions applyffig to prorrotional evaluation processes:
a) All prorrotional evaluation processes shall be competitive.
b) All evaluation processes shall be of such character as to fairly determine the qualifications,
fitness and ability of applicants to perform the duties of the classification to Wrich appointment
is to be made.
c) Evaluation processes may be written, oral, physical or performance, or a combination of these
types. They may take into consideration such factors (including experience, education, aptitude,
capacity, knowedge, character, physical fitness, and other qualifications) as, in the judgtrent of
the Human Resources Director, enter into the determination of the relative fitness of the
applicants and may include inquiry into the rroral character, or any other pertinent quality or
attribute of the applicant.
d) Evaluation processes shall include established criteria for determining a passing grade, score, or
mark
15
Item # 5
Attachment number 1
Page 21 of 58
F. Notification of Results
Each candidate shall be notified in writing of his/her naIre being placed on the eligible list or his/her
failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing
date of his/her notice of results, request permission from the Human Resources Department to review
his/her evaluation results, and will be given reasonable opportunity to do so, provided the test is not
proprietary. If the test is proprietary, then a summary of his /her results shall be furnished to the
applicant UJ:xm request, provided such request is made in writing within 15 days after the last section of
the examination is administered and the summary is made available by the vendor. Any costs
associated with the summary shall be paid one-half by the employre and one-half by the Fire
Department.
G. Appeals from Rating"
1. Any candidate vIDO fails to attain status on an eligibility list may, within 15 calendar days from the
date of notification of such, notify the Human Resources Director in writing that error, other than
error of judgrrent, exists. The Human Resources Director shall thereupon conduct a review: If
upon revievv, errors other than error of judgment, are fmmeL such errors shall be corrected In the
event such review discloses error affecting other candidates, the other candidates shall also be
corrected
2. An error correction may cause names to be added or subtracted from the eligibility list, hOV\eVer no
change made in the rating" of any candidate shall be deemed to invalidate or in any way affect any
certification or appointment previously made.
Section 10. Open and Promotional Eligibility Lists
The names of all persons vIDO may be lawfully prOIrOted or appointed shall be placed in
alphabetical order on an open or proIrOtionallist Wrich will be posted in the Department.
All employees deerred eligible through the evaluation process shall be placed on the appropriate
eligibility list for a period of tv\o )ffifS from the date of placerrent on and establishing of such list be the
Human Resources Department. The individual dates of initial eligibility shall appear next to the candidates'
names and may differ vIDen concurrent eligibility lists exist.
Section 11. Appointments
A Selection from the open or proIrOtionallist shall be at the sole discretion of the Fire Chief. Selection
criteria shall be developed and may include such factors as seniority, experience, education, aptitude,
capacity, knowedge, character, physical fitness, and other qualifications.
B. Selection criteria shall be aImmmced at least 30 days prior to the selection process.
16
Item # 5
Attachment number 1
Page 22 of 58
C. Selection processes shall be competitive; shall be of such character as to fairly determine the
qualifications, fitness, and ability of applicants to perform the duties of the classification to Wrich
appointrrent is to be made; may be written, oral, phY-'ical, ~rformance, or a combination of these
types; shall include criteria to determine the relative fitness of applicants; and shall not include
questions or evaluations framed to be discriminatory in nature. When skills and qualifications are
substantially equal, seniority shall prevail in selection determinations for positions within the bargaining
unit.
D. The Department shall comsel with any eligible employre vIDO is not selected for promotion upon the
written request of the employre. Such comseling shall include an explanation and written summary of
the selection criteria vIDereby improverrent may make the employre not selected better qualified
Section 12. Probation
A A new.y hired employre or an employre prOIrOted from a class outside the bargaining unit to a class
within the bargaining unit shall serve a probationary period of 12 IrOnths of active service during Wrich
he/she shall have the opportunity to derronstrate to the satisfaction of the Fire Chief his/her suitability
for the job. In the event the employre is, for any reason, absent from duty for any reason other than
floating holidaY-' or on light duty for an accumulated ~riod equal to tv\o V\eeks scheduled V\Ork hours
or IrOre, then all such tiIre shall be added to the probationary period
B. A new.y hired employre vIDO, during the probationary period, does not derronstrate suitability for the
class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be
terminated An employre prOIrOted from a class outside the bargaining unit to a class within the
bargaining unit vIDO, during the probationary period, does not derronstrate suitability for the class as
determined by the Fire Chief, shall be returned to his/her position held prior to the proIrOtion or to
another position at the sarre or loV\ef level for Wrich the employre is determined to be qualified,
provided there is no cause for dismissal. An employre shall not have access to the grievance procedure
regarding the termination during probation.
C. An employre prOIrOted from a class within the bargaining unit to a class within the bargaining unit
shall serve a probationary period of six months of active service during Wrich he/she shall have the
opportunity to derronstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the
event the employre is absent from duty for any reason other than scheduled leave or on light duty for
an accumulated period equal to one V\eek scheduled V\Ork hours or more, then all such time shall be
added to and thereby extend the probationary period
D. An employre prOIrOted from a class within the bargaining unit to a class within the bargaining unit
vIDO, during the probationary period, does not demonstrate suitability for the class, as determined by
the Fire Chief, shall be notified in writing and shall be deIroted to his/her former classification. A
promoted employre serving a probationary period within the bargaining unit shall not be entitled to
appeal his/her non-successful probationary period andhis/her return to his/her former position.
17
Item # 5
Attachment number 1
Page 23 of 58
Section 13. Light Duty
Light duty shall be defined as those activities Wrich an employee can perform Wrich do not
require any type of physical activity Wrich may aggravate an existing injury. An employee must be
released by the treating physician for light duty and must have approval from Risk Management and the
Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical
condition may be assigned to light duty.
56-hour schedule employees placed on light duty shall continue to be paid their standard biV\eekly
pay in accordance with Article 7, Section 2. All hours actually V\Orked Wille in a light duty status shall be
cmmted toward overtirre at the end of the FLSA cycle in accordance with Article 7, Section 8., D.
Emplo~ vIDO are authorized time off Wille assigned to light duty shall have the number of hours
equivalent to the time off deducted from the applicable leave balance. Emplo~ injured on dutyvIDO are
approved for light duty shall continue to receive Special TeaIr6 pay if applicable. For off duty injuries,
Special T eaIr6 pay shall cease after 90 calendar days of assigmrent to light duty.
40-hour schedule employees shall maintain their 40-hour schedule Wille on light duty.
All emplo~ on light duty shall have their rredical status reviev\ed periodically as directed by the
City to determine vIDether maximum medical improvement has been achieved and/or the employee is fit
to return to full duty. If needed, the Gty may require a second medical evaluation; and if so required, this
shall be done at the Gtys expense. Light-duty assigmrents may be limited in number and scope at the sole
discretion of the Fire Chief.
Section 14. Line-of-Duty Injury Pay
The City hereby agrees to pay the folloV\ffig compensation to any employee injured in the line of
duty in accordance with the folloV\ffig definitions, terrr6 and conditions.
A Compensation shall be payable tmder this section only with respect to disability as the result of injury to
an employee vIDere such injury is incurred in the line of duty.
B. An injury shall be deerred to have been incurred in the line-of-duty if and only if such injury is
compensable tmder the Florida Workers' Compensation Law:
C. The aIrOtmt of compensation paid shall be the amotmt required to supplement ftmds received from
the Florida Workers' Compensation Law and any other disability or other inCOIre plan provided by the
City, either by law or by agreement, to the point vIDere the sum of the supplement herein provided and
all other payrrents herein described equal the employee's regular rate of pay at the time of the injury.
D. No compensation tmder this section shall be allOwll for the first seven calendar days of disability;
provided, hOV\eVer, that if the injury results in disability of more than 21 calendar days, compensation
shall be paid from the commencement of the disability. (I t is tmderstood that this paragraph is so
stated to be in compliance with current V\Orkers' compensation law: Changes in V\Orkers'
compensation law will IrOdify this paragraph accordingly.)
E. The term disability as used in this section rreans incapacity because of the line-of -duty injury to earn in
the same or any other employrrent the wages Wrich the employee was receiving at the time of injury.
18
Item # 5
Attachment number 1
Page 24 of 58
F. It is the intent of this section to provide supplerrental compensation for line-of-dutyinjuries only, and
this section shall not be construed to provide compensation in the event of death or injury incurred in
any manner other than in the line of duty. In the event of any dispute or disagreement concerning the
interpretation of the terms of this section, then the decisions concerning definition of those terms
issued tmder the Florida Workers' Compensation Law shall control.
G. The maximum period for Wrich payment may be made tmder this section shall be 90 calendar days
from the date of injury for each injury, including recurrences thereof. If the employre's injuryresults in
disability for more than 21 calendar days, no payment made by the Gty during said ~riod shall be
charged against any sick leave Wrich the employre may have accrued
H. Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above;
hOV\eVer, the amotmt paid shall be only that aIrOtmt required to supplerrent funds received by the
employre from the Florida Workers' Compensation Law and any other disability or other inCOIre plans
provided by the Gty, to the point \\here the sum of all payments is equal to the employre's regular base
pay rate at the time of injury. At such time as the employre receives his/her initial V\Orkers'
compensation payment, the City shall approximate the differential needed to equal the employre's base
pay and shall provide such line-of-duty injury pay to equal the employre's regular base pay rate at the
time of injury. Any adjustment to the Citys line-of-duty injury pay tmder this policy will be made
folloV\ffig the employre's return to V\Ork or at the expiration of the period for Wrich line-of-dutyinjury
pay is provided
I. I t is the intention of the parties that nothing in this Agreerrent shall interfere with the normal
procedures tmder the Workers' Compensation LaV\5 or the requirements of the Gtys V\Orkers'
compensation insurance carrier. Should any language of this Agreerrent conflict with provisions of the
Workers' Compensation Lavv, the provisions of the Law shall prevail. An employre may choose
his/her approved Workers' Compensation treating physician if prior approval is obtained through the
Risk ManageIrellt Division.
J. If an employre is killed in the line of duty, the Gty shall pay to the spouse, or if there is no surviving
spo1Ee, the estate, of such deceased employre his/her accumulated severance pay. Within 48 hours of
the death of the employre, the Gty shall deliver to the spouse or surviving children or the employre's
dependent beneficiary a check for the sum of one month's current salary of the employre.
K. Upon return from V\Orking a fire, the employre may request a physical examination by the City
physician to ensure the employre is stable and capable of returning to V\Ork This right may be
rescinded on an individual basis if repeatedly abused.
L. Failure to imdiately report a line-of-duty injury to the employre's immediate supervisor or to the
Risk ManageIrellt Division within 24 hours of the time of occurrence of the injury shall result in a loss
of allline-of-dutypaytmder this Article unless such failure to report was: (a) caused solely by and as a
direct result of the employre's injuries or (b) resulted from the occurrence of an event over Wrich the
employre had no control in the opinion of the Gty Manager.
19
Item # 5
Attachment number 1
Page 25 of 58
Section 15. EMS Classifications
A The pararredic classifications of Fire Medic and Fire Medic Lieutenant are emplo~ within the Citys
Fire DepartIrent vIDO are appointed by the DepartIrent to perform emergency medical services in an
errergency medical services program and vIDO have successfully completed and passed a Pararredic
training program recognized by the DepartIrent and approved by Florida Statute and the Pinellas
County Medical Director's office. A Fire Medic is a classification Wrich is responsible for maintaining
E11S equiprrent and performing emergency medical services on an ALS Unit in the area of medical
procedures and patient care in addition to any assigned fire suppression duties.
B. Should the Oty cease to operate emergency medical services, those emplo~ classified as Fire Medic
or Fire Medic Lieutenant shall continue to be employa:! by the City on the same basis as any other
employre in the bargaining unit, provided that emplo~ vIDO are derroted shall have their
cOI11J:ElSCltion fixed at the sarre step in the respective range as that Wrich they are assigned in their
classification prior to demotion.
Employres assigned through initial hire or prOlrotion to the classifications of Fire Medic and Fire
Medic Lieutenant are required to maintain the appropriate Paramedic certifications as determined by
the DepartIrent as a condition of continued employment. Depending on the staffing level of
DepartIrent Paramedic positions and the availability of vacancies in non-Paramedic positions, Fire
Medics and Fire Medic Lieutenants may be permitted to voluntarily derrote to non-Paramedic
positions for Wrich they are determined by the DepartIrent to be qualified, with the corresponding
redoction in pay in accordance with Article 7, Section 8. Approval of such demotions shall be at the
sole discretion of the Fire Chief. If voluntarydeIrotion is not approved by the Fire Chief and there is
no other vacant position in the City for Wrich such an employre is deemed by the Oty to be qualified,
the employre may be subject to applicable provisions of the City's policies and procedures. The Oty
reserves the right to hire into the classification of Fire Medic new emplo~ vIDO possess the
appropriate Pararredic certifications, and to require that such certifications be maintained as a
condition of continued employment.
C. E11S Status
1. The Fire DepartIrent and all bargaining unit members shall comply with Florida Statutes and the
Pinellas County E11S Rules and Regulations regarding Quality Assurance and AGS and BTLS
certification. The decisions of the County Medical Director in such matters shall not be subject to
the City grievance procedure but shall be addressed through the appropriate appeals procedure.
2. The demotion of a Fire Medic or Fire Medic Lieutenant or the removal of Paramedic certification
pay shall not be subject to the contractual grievance procedure or Ovil Service appeal procedure
vIDen the demotion or reIroval of pay is based upon clinical or ethical issues in the judgrrent of the
Fire Chief and staff and/or the office of the Medical Director of Pinellas County and as defined in
the County Rules and Regulations governing E11S.
3. The demotion of a Fire Medic or Fire Medic Lieutenant or the removal of Paramedic certification
pay shall not be subject to the contractual grievance procedure or Ovil Service appeal procedure
vIDen the demotion or reIroval of pay is based upon the judgtrent of the DepartIrent that the
affected employre was not performing to the standards desired by the DepartIrent or the Pinellas
County Medical Director.
20
Item # 5
Attachment number 1
Page 26 of 58
4. The demotion of a Fire 11edic or Fire 11edic Lieutenant or the removal of Paramedic certification
pay shall be subject to the contractual grievance procedure or the Ovil Service appeal procedure
only if such derrotion or reIrOval of pay is the result of a disciplinary action.
5. The Arbitrator shall not have the poV\ef to substitute his/her judgment for that of the DepartIrent
or the 11edical Director with vIDom Fire 11edics and Fire 11edic Lieutenants V\Ork in relation to
performance of emplo~ to the standards of excellence desired by the Oty or the 11edical
Director.
D. The parties agree that Fire 11edics and Fire 11edic Lieutenants are healthcare professionals but shall not
be considered "professional" emplo~ within the rreaning of the Florida Public Emplo~ Relations
Act.
E. If the application of this Article, or any part thereof, vIDether or not relating to pay, is superseded by
action of a superior governmental agency, then the Oty will be absolved of complyffig with this
Agreerrent to the extent of the conflict.
F. Temporary Reassignment
The Fire Chief shall determine vIDen a Fire 11edic or Fire 11edic Lieutenant is eligible to transfer
temporarily from an ALS unit without loss of pay or a demotion for the purpose of employre
development.
Section 16. Firefighter jDriver-Operator
A Oassification
The classification of Firefighter/Driver-Operator shall be for those emplo~ within the Fire
DepartIrent vIDO are the drivers and operators of the folloV\ffig type vehicles: Fire Engines, Aerial
Apparatus, and Squad
B. AppointIrents
All Firefighter/Driver-Operator positions shall be filled by a prOlrotiOnal process. The minimum
qualifications shall be determined by the DepartIrent.
c.wages
All emplo~ shall receive pay in accordance with Appendix A
Section 17 . Work Rules and Prevailing Rights
A It is understood and agreed by both parties that the duties perfonred by members of the bargaining
unit cannot alwaY-' be covered by job descriptions and, therefore, members of the bargaining unit may
be required to perform duties in addition to all those listed within the current job descriptions Wrich
are, in the judgment of the City, related to the purposes of the Fire DepartIrent, Wrich judgrrent shall
not be arbitrary, capricious or unreasonable.
21
Item # 5
Attachment number 1
Page 27 of 58
B. Any Fire DepartIrent Rule or Regulation in conflict with this Agreement shall be of no force and
effect.
C. Prior to the implerrentation of any changes in the existing Fire DepartIrent Rules and Regulations, the
Fire Chief filEt provide ten daY-' notice. If requested by the Union, the change will be referred to the
next Labor/Management Committee meeting Wrich shall be scheduled within 10 V\Ork daY-' to meet
and discuss such change. The rule will be implerrented after the initial10-daynotice unless the time is
extended by the Chief. The issue of Wlether such change conflicts with this Agreerrent shall be
subject to the grievance procedure contained herein. The time for filing said grievance shall commence
on the date the rule is implerrented
D. All rights and V\Orkingconditions, enjoyro throughout the DepartIrent by the emplo~ at the present
time Wrich are not included in this Agreement shall be presumed to be reasonable and proper and shall
not be changed by the City in an arbitrary or capricious manner; provided that nothing contained
herein shall limit the Gtys rights under Paragraphs A, B and C of this Section or as expressly provided
elseV\here in this contract.
Section 18. Subcontracting
During the term of this Agreement, the Gty shall not subcontract out to private concerns any fire
suppression, E :rrergency Medical Service and rescue services of the DepartIrent. Any action of the state of
Florida or Pinellas County to assume control of any basic fire suppression, E :rrergency Medical Service or
rescue services shall not be deerred subcontracting.
Section 19. Indemnification
The Gty agrees to defend any employre Wlen the employre is sued on any claim arising out of
his/her employrrent with the City and acting within the scope of his/her duties. The employre agrees to
cooperate in his /her defense.
The Gty also agrees to pay any judgment rendered against an employre for acts committed Wlen
the employre is acting within the scope of his/her City employrrent, provided that the employre did not
act intentionally, with malice, or with gross negligence.
Section 20. Sports
Participation in sporting activities Wille on duty shall be permitted in accordance with Fire
DepartIrent S.O.G.
Section 21. Lawn Maintenance
Emplo~ covered by the contract shall not be required to perform lawl maintenance at the fire
stations.
22
Item # 5
Attachment number 1
Page 28 of 58
Section 22. Physical Examination
A Employres covered by this labor agreement shall be required to undergo an annual physical
examination during their month of hire each yrnr after the yrnr of hire.
B. The emplo)ff shall bear the cost of each examination. Additionally, 56 hour schedule emplo~ shall
be provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour
schedule emplo~ may attend their physical during on-duty hours with no loss of pay. The results of
these physicals shall be made available to the City and to each employre upon completion of the
physical and shall be maintained as confidential rredical records in accordance with law: The
DepartIrent shall post the naIre and phone number of the facility Wlere the physical shall be
administered Physicals shall include but not necessarily be limited to the folloV\ffig
1. 12 Lead E KG - (Stress, Wlere indicated and at discretion of examining physician).
2. SMA Profile 12 (liver, blood sugar, etc.)
3. Chest X-Ray
4. Complete Blood Count
5. Urinalysis
6. Rectal Cancer Exam (optional for employre)
7. Doctor's Physical (e)€Sight, reflexes, hearing throat, etc.)
8. Breast/Cervical Cancer Exam (Females - optional for employre)
9. Audiometric Evaluation
10. Spirorretry (puhronary Function)
C. The City agrees to pay all expenses for inoculation or immunization shots for emplo~ and rrembers
of an employre's family residing in his/her household Wlen su:h becomes necessary as a result of said
employre's exposure to contagious disease Wlere said emplo~ had been exposed to said disease in the
line of duty; provided that the employre first makes all reasonable efforts to have this service
perfonred at no cost by the County Health DepartIrent. The Gty further agrees to reimburse the co-
pay cost for any preventive inoculation or immunization shots an employre may receive from his/her
City primary care physician.
D. The parties agree that the physical condition of the employre is of great concern to the employre and
to the City. All emplo~ WlOse physical fitness or rredical status is deerred deficient in sorre manner
as a result of the physical examination shall be advised by the DepartIrent and shall be encouraged to
undertake a fitness rehabilitation program in an effort to improve their physical fitness and health.
E. The City agrees to contract with a licensed physician WlO shall be selected by the Gty and agreed to by
the Union to act as a DepartIrent Physician WlOse duties shall be to advise the emplo~ and the
departrrent in matters concerning the health of the emplo~.
F. The City and Union agree that based upon a mutual agreement of the parties, this Article may be
reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such
purpose and the parties are not able to reach an agreerrent, the item shall not be subject to the impasse
procedure and the Article shall remain status quo in Wlole and part.
23
Item # 5
Attachment number 1
Page 29 of 58
Section 23. Residency Requirement
All bargaining unit members vIDO commenced employment in the Fire DepartIrent on or after
December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas,
Hillsborough, Pasco and Hernando Counties. This requirerrent shall continue during their tenure in any
position within the fire service of the Gtyof Oearwater.
Section 24. Tobacco Product Usage
No srroking or use of tobacco on or off the job shall be permitted for any bargaining unit member
hired in the Fire DepartIrent on or after December 15, 1985, as a condition of employment and their
continued employment within the fire service. Violation of this provision shall be deerred just cause of
disciplinary action by the Gty, up to and including dismissal.
ARTICLE 8
LEAVES OF ABSENCE
Section 1.
Holidays
A The folloV\ffig holidaY-' shall be observed:
New Year's Day
Martin Luther King Day
Me:rrorial Day
Inde}Eldence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Holiday pay for the above listed holidaY-' will be paid at the employre's current base rate of pay for
the number of hours equaling 10% of the biV\eekly schedule, except that the folloV\ffig three special
holidaY-' will be compensated at the employre's current base rate of pay for the number of hours equaling
15% of the biV\eekly schedule:
Christmas Day, Thanksgiving Day, and New Year's Day.
B. In addition to the holidaY-' listed in Section 1, each employre may receive up to four additional" floating
holidaY-'''. Floating holidaY-' shall be aV\afded at the beginning of each calendar yrnr, subject to the
restrictions belmv. For such floating holidaY-' the employre shall receive his/her regular rate of pay for
such day if he/she does not V\Ork that day, but shall not receive additional compensation. Any day for
Wrich an employre is not scheduled to V\Ork may not be designated as a floating holiday. Floating
holidaY-' shall be subject to the folloV\ffig requireIrents and conditions:
1. No employre may utilize floating holidaY-' until 30 calendar daY-' after the date of hire.
24
Item # 5
Attachment number 1
Page 30 of 58
2. Any person employffi betv\een January 1 and March 31 shall receive 100% of floating holidaY-' to
be utilized during the ~ar of hire; any person employffi betv\een April 1 and June 30 shall receive
75% of floating holidaY-' to be utilized during the )ffif of hire; any person employffi betv\een July 1
and September 30 shall receive 50% of floating holidaY-' to be utilized during the )ffif of hire; and
any persons employffi betv\een October 1 and October 31 shall receive 25% of floating holiday to
be utilized during the ~ar of hire. Persons employffi after October 31 shall not be eligible for any
floating holidaY-' during the )ffif of hire.
3. Floating holidaY-' may not be carried over from one calendar )ffif to another calendar )ffif and if
not taken are forfeited except as provided in Paragraph D of this Section.
4. After the )ffif of hire, emplo~ shall receive four" floating holidaY-''' each calendar )ffif.
5. Dpm an employre's separation from the City, the employre may receive a lump sum payment for
any remaining floating holiday balance per Paragraph D of this Section, or the remaining floating
holiday balance may be used to advance the employre's date of retirement.
C. Floating holidaY-' will be selected in reverse seniority after all vacation daY-' and longevity daY-' have
been scheduled It is not necessary for an employre to schedule his /her floating holidaY-' during the
vacation selection process. Any employre selecting floating holidaY-' after the vacation selection
process will give the Department 48 hours' notice in witing of his /her request. This notice will be
given to the Fire District Chief or Fire Assistant Chief for approval based on vacation selection criteria
This permission shall not be arbitrarily withheld In case more than one employre requests a particular
day and the Department determines that both emplo~ may not be off duty on that particular day,
the senior employre shall be given preference.
D. If the employre chooses not to take one or rrore floating holidaY-', he/she may make a witten request
to the Fire Chief on or before November 15th to receive 24 hours of regular pay for 56-hour \\eek, or
8.0 hours of regular pay for 40-hour \\eek in lieu thereof payable in the payroll period Wrich includes
December 1st. Any floaters not taken or requested for payment are forfeited No rrore than four
floating holidaY-' shall be approved for payment each )ffif.
E. Each calendar )ffif, members of the bargaining mit may elect to take one floating holiday as "Personal
Leave TiIre." This personal leave day may be broken into blocks of 4 hours and will be taken in 4-
hour increm2lltS. Personal Leave Time will be selected after all vacation daY-', extra vacation daY-' and
floating holidaY-' have been scheduled Anyemployre selecting Personal Leave TiIre after the vacation
selection process will give the Department 48 hours' notice in witing of his /her request. All requests
for Personal Leave TiIre must comply with all the criteria pertaining to the vacation selection process.
If an employre chooses not to use all blocks of Personal Leave TiIre, he/she may make a witten
request to the Fire Chief on or before November 15th to receive pay for such remaining blocks,
payable in the subsequent payroll period Wrich includes December 1st.
25
Item # 5
Section 2. Vacations
A Accrual of Vacation Leave
Attachment number 1
Page 31 of 58
1. Vacation leave shall be granted for all full time emplo~ in accordance with the number of
completed)ffifS of credited service. A full-time employre shall be deerred to have earned and be
eligible for vacation on the first anniversary of his/her employrrent. For new.y hired emplo~,
such vacation shall be prorated for the yrnr of hire according to the following schedule:
56 Hour Schedule Emplo~
January IF ebruary Hire Date ....................................................................... 6 Duty Days
Marchi April Hire Date................................................................................5 Duty Days
May /J lllle I-fire Date.....................................................................................4 Duty Days
July I August I-fire Date................................................................................. 3 Duty Days
September IOctober I-fire Date ..................................................................2 Duty Days
November /December Hire Date................................................................ 1 Duty Day
40 Hour Schedule Emplo~
January IF ebruary Hire Date............................................................................ 80 Hours
Marchi April Hire Date..................................................................................... 64 Hours
May /J lllle I-fire Date.......................................................................................... 48 Hours
July I August I-fire Date...................................................................................... 32 Hours
September IOctober I-fire Date ....................................................................... 24 Hours
November /December Hire Date.................................................................... 16 Hours
Thereafter, emplo~ shall be deemed to have earned and be eligible for vacation accrual each
January. As such, emplo~ on the 56-hour schedule shall accrue paid vacation as folloV\5:
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16
Year 17
Year 18
Year 25 and higher
1 yrnr anniversary of Hire
January following 1 yrnr anniversary of Hire
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January Thereafter
26
Pro-rated Days
6 Duty Days
6 Duty Days
7 Duty Days
7 Duty Days
7 Duty Days
8 Duty Days
8 Duty Days
8 Duty Days
8 Duty Days
9 Duty Days
9 Duty Days
9 Duty Days
9 Duty Days
10 Duty Days
10 Duty Days
10 Duty Days
11 Duty Days
12 Duty Days
Item # 5
Attachment number 1
Page 32 of 58
Employres on the 40-hour schedule shall accrue paid vacation as folloV\5:
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16 and higher
1 yrnr anniversary of Hire
January following 1 yrnr anniversary of Hire
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January Thereafter
2. The vacation yrnr shall be the calendar yrnr.
Pro-rated hours
80 hours
88 hours
96 hours
104 hours
112 hours
120 hours
128 hours
128 hours
128 hours
136 hours
144 hours
152 hours
152 hours
152 hours
160 hours
3. Vacation leave granted in J anuaryis deemed to have been earned during the previous calendar yrnr.
4. All unused vacation balances are forfeited at the end of the calendar yrnr, except as determined by
the Fire Chief.
B. Use of Vacation Leave
1. The use of vacation leave shall be authorized in accordance with Fire Departrrent Regulations.
Vacation leave shall be utilized in full day increments only, except vIDen operational demands
require an employre to V\Ork part of a day for Wrich vacation leave has been previously approved.
For 56 hour schedule emplo~, a maximum of seven emplo~ shall be permitted to be absent
from any shift for the purpose of personal leave including vacation and floating holidaY-'. For 40
hour schedule emplo~, including Fire Prevention Inspectors and 56 hour schedule emplo~
provided with Light Duty assigmrents, the Departrrent shall determine the number of emplo~
vIDO may be permitted leave use in accordance with operational demands. 56 hour schedule
emplo~ vIDO are provided a 40 hour Light Duty schedule shall not be denied the use of
previously approved vacation leave, provided they notify the Fire Chief prior to the beginning of
the Light Duty assigmrent of their intent to utilize the previously approved vacation leave.
HOV\eVer, should such emplo~ elect to not utilize previously approved vacation leave Wille on
the 40 hour schedule, they shall be responsible for the subsequent scheduling of the daY-' within the
available slots or will risk losing the daY-'.
2. The borrowing of vacation tirre prior to its accrual is prohibited.
3. There is no advancing of vacation pay.
4. New emplo~ may not take vacation until they have completed one yrnr of continuous service.
27
Item # 5
Attachment number 1
Page 33 of 58
5. If a holiday occurs during vacation leave, the employre will be paid holiday pay.
6. An employre vIDO has rrore than 90 calendar days of tmpaid leave shall receive no vacation leave
for that calendar yrnr.
7. Scheduling of Vacation
a) Bargaining unit members will be contacted in the order of departIrent seniority for the
selection of vacation. Vacation days may be picked in either a 3- or 6- duty day block for 56
hour schedule ~rsonnel or a 5- or 10- duty day block for 40 hour schedule personnel the first
time through. A block, as published on the vacation schedule issued by the DepartIrent, shall
consist of a designated 3 or 6 duty day grouping beginning and ending with 4 days off for 56
hour schedule ~rsonnel, or a designated 5 or 10 duty day grouping beginning and ending with
a V\eekend for 40 hour schedule personnel. After all ~rsonnel have been contacted for their
first pick, the second rotmd will begin. All 56 hour schedule personnel vIDO have selected a 3-
day block and all 40 hour schedule personnel vIDO have selected a 5-day block on the first
rotmd will be recontacted in the order of departIrent seniority for their second selection on the
second rotmd
b) After all personnel have been provided the opportunity to pick their primary six or ten days of
vacation in blocks, any employre to be awarded during the yrnr bonus days for 25 )ffifS of
service shall choose such days, and then all personnel will be contacted by department seniority
for the picking of additional vacation days. Finally, all personnel will be contacted by reverse
seniority for the choosing of floating holidays and sick leave incentive days.
c) Should a person elect to pass on choosing any days, they shall be responsible for the scheduling
of their days. If the employre VVcrits too long and there are no available slots left, they will risk
losing the days. Floating holidays may be submitted for pay in accordance with this Agreerrent.
Additional vacation days will be lost or can be donated to the DepartIrent leave pool.
HOV\eVer, no employre shall be permitted to donate more than three days of leave per yrnr to
the pool.
d) All vacation days not submitted are subject to forfeit in accordance with the above except by
permission of the Fire Chief.
e) The linking of scheduled days for 56 hour schedule personnel shall not exceed 9 consecutive
duty days, except by special permission of the Fire Chief. If rrore than 9 days are linked, the
employre shall be responsible for any training required to maintain certification that is missed
during the scheduled time off. The DepartIrent will make every effort to schedule this training
Wille the employre is on duty. If this cannot be done, then it is the employre's responsibility to
complete the required training on his/her oWl time.
f) The changing of sick leave incentive days for previously used floating holidays is not allowrl
28
Item # 5
Attachment number 1
Page 34 of 58
C. Payrrent and Accrual During Mlitary Leave
1. An employre granted an extended military leave of absence shall be paid all accrued vacation leave
\\hen the employre begins the extended military leave.
2. An employre returning from an extended military leave of absence shall accrue vacation leave as
provided by law:
D. Conversion To Sick Leave or Flllleral Leave During Vacation Leave
1. The emplo~ may request that vacation leave be changed to sick leave if the employee or
member of the employee's immediate family becomes ill V\Nle the employee is on vacation
leave.
2. The emplo~ may request that vacation leave be changed to flllleralleave provided the request
is consistent with the article on F lllleral Leave.
3. Requests for such changes must be made in writing to the Fire Chief or designee within 72
hours of the employee's return to "WOrk
E. Payment of Unused Vacation Leave
1. Payment of llllused vacation leave and banked vacation hours will be paid at the emplo~' s
current base rate of pay upon separation of the emplo~, provided the employee "Was not
dismissed for cause and that the employee has more than one ~ar of continuous service, or
such hours may be utilized to advance the date of retirement.
2. When a bargaining unit member is required to "WOrk a partial day on any day that he/she has
previously been approved for vacation leave, the employee's vacation leave balance shall not be
charged for the hours "WOrked and such hours "WOrked shall be paid at the overtime rate of pay
but shall not be subject to the minimum hours assigned to holdover or call back in accordance
with this Agreement. Should the number of vacation hours not charged due to such
circumstances equal tv\elve hours or more, the employee shall be permitted to request to use the
portion of such hours equaling a tv\elve hour block in accordance with Paragraph B.,7. above.
The emplo~ shall be permitted at the end of the calendar year to request payment for any
remaining balance of less than tv\elve vacation hours not charged due to having "WOrked a partial
day, in accordance with the established provision for the payment of floating holidaY-' as
outlined in this Agreement.
F. Banking of Vacation
1. The practice of banking vacation for retirement shall be limited to 240 hours for 56 hour
schedule emplo~s and 172 hours for 40 hour schedule emplo~.
29
Item # 5
Attachment number 1
Page 35 of 58
Section 3. Sick Leave
A Accrual Rate
1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below:
Biweekly
Hours
112
80
Total
Hours
134.42
96.01
Accrual Rate
Per Pay
5.170
3.693
Hours
Capped
2184.00
1560.00
2. The number of yearly pay periods sick leave is accrued is 26.
B. Sick leave may be accumulated for each of the 26 accrual pay periods the emplo~ actually V\Orks,
up to a maximum as shown above. Actual V\Ork includes periods \\hen the employee is using
accumulated sick leave (but not sick leave pool), holidaY-', vacation with pay, and the no-Ioss-of-pay
sick time. Emplo~s shall not accrue sick leave during any other period of time \\hen they are in a
non-paid status or utilizing "retirement advancement".
C. All accumulated unused sick leave shall be credited to any employee recalled from a layoff, transferred,
or certified to another departrrent or classification without break in service, appointed from a
reemployment list or returning from a leave of absence. If the employee is prorroted, demoted or
transferred to another Gty position with a different Scheduled Pay Period Hours other than that
defined above, that employee's sick leave balance will be adjusted to reflect equivalent daY-' of sick leave
earned, consistent with his/her new scheduled pay period hours.
D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter
provided, or has been dismissed for cause and subsequently is re-employffi by the Gty, his/her
subsequent sick leave accumulations shall be calculated as a new employee.
E. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty
resulting from illness or injury to the employee or a family member on any of his/her regularly
scheduled V\Ork daY-' for the number of regular hours he/she V\Ould otherwise have been scheduled to
V\Ork on that day had not such absence occurred Absence for a fraction of a day that is chargeable to
sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour
according to the following
Minutes
1 - 6
7 -12
13 - 18
19 - 24
25-30
31 - 36
37 - 42
43-48
49 - 54
55-60
Tenths of an Hour
.1
.2
.3
.4
.5
.6
.7
.8
.9
1.0
30
Item # 5
Attachment number 1
Page 36 of 58
F. Sick leave shall not be considered a privilege to be used at the employre's discretion, but shall be used
only for absences:
1. Due to personal illness or physical incapacity caused by factors over Wrich the employre has no
reasonable immediate control.
2. Necessitated by eXjX)sure to contagious disease in Wrich the health of others V\Ould be endangered
by his/her attendance on duty.
3. Due to medical or dental appointrrents, or other personal sickness prevention :rreasures, the
scheduling of Wrich at tiIres other than during his/her regular V\Orking hours is impossible or
unreasonable.
4. Due to illness of a member of his/her immediate familyWrich requires his/her personal care and
attention. The term "Immediate FamilY' as used in this paragraph shall rrean parents, stepparents,
children, stepchildren, grandparents, grandchildren, brothers, sisters or husband/vilie of the
employre and the immediate family as herein referenced of the husband/vilie, or other relative vIDO
is a member of the immediate household
Sick leave will be accrued on a biV\eekly basis based on hours in a paid status. An employre may
utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is
defined above).
5. If an employre is tmder a doctor's care or if a member of the employre's immediate family is tmder
a doctor's care and the doctor certifies that the employre's personal care and/or attention is
required, said tiIre of absence shall not be considered as grotmds for any discipline, provided that
personal sick leave is not used in excess of accumulated sick leave.
G. An employre absent for one of the reasons mentioned above shall inform his/her immediate
supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial
of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the
notification requirem2nts.
H. Payrrent for Unused Sick Leave
Upon separation from City service, an employre shall be paid one-half of his/her accumulated tmused
sick leave. The rate of payrrent shall be based on the regular hourly rate (excluding shift differential or
any other addition to base pay) of the employre on the last day V\Orked prior to separation. The
employre may request that one-half the payment for tmused sick leave be made at separation and one-
half the payrrent be made in the first payroll period in the next calendar )ffif.
31
Item # 5
Attachment number 1
Page 37 of 58
The employre qualifies for payrrent if:
1. The employre has had at least 20 )ffifS of continuous service with the City. Leaves of absence
without pay, suspensions and layoffs followll by subsequent re-employment shall not be
considered as breaks in service. The length of such tiIre off or layoff shall be deducted from the
total length of service. Mlitary leaves and leaves during Wrich the emplo~ are receiving
Workers' Compensation shall not be deducted from continuous service; or
2. The separation is involuntary on the part of the employre including disability (incurred on or off
the job) and layoffs; or
3. The employre's estate shall receive payrrent if an employre dies.
An employre vIDO has been dismissed for cause or vIDO resigns voluntarily shall have no claim for
sick leave payrrent.
An employre vIDO may othernise be eligible for retirement under the Gty Emplo~' Pension Plan
or Federal Social Security, or vIDO may be approaching such eligibility date, and vIDOse purpose in
leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick
leave to the extent thereof to advance his /her retirement date. In that event, the employre shall
execute a resignation to beco:rre effective on the date that such accumulated unused sick leave
V\Ould be exhausted Such resignation shall be irrevocable, and retirement shall begin at the tiIre
such resignation becomes effective. In the interim, payment for accumulated unused sick leave
shall be made as a continuation of the employre's regular pay from Wrich all regular payroll
deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick
leave will be charged as outlined in paragraph (1) of this subsection.
I. An employre may not utilize his/her accumulated sick leave absence for absences resulting from an
injury arising out of and in the course of employment, other than Gty employrrent, for Wrich
rronetary or other valuable consideration is received or expected Any employre vIDO utilizes
accumulated sick leave, or vIDO attempts to utilize accumulated sick leave, for absences resulting from
an injury arising out of and in the course of employrrent, other than City employment, may be
terminated or suspended, as in the Citys judgrrent, is appropriate.
J. Except in the cases of injury incurred in the line of duty with the City, emplo~ shall not be entitled
to use sick leave until the completion of six calendar rronths of continuous service following the date
of original appointment.
K. The employre may be required to submit evidence in the form of a medical certificate, of the adequacy
of the reasons for his/her absence during the period of tiIre for Wrich sick leave is granted vIDen
requested by the Department Director,
32
Item # 5
Attachment number 1
Page 38 of 58
L. An on-duty employre injured in an accident, arising out of and in the course of his/her Gty
employment, may elect to be continued on the payroll to the extent of his /her accumulated llllused sick
leave as hereinafter provided An employre receiving sick leave with pay under the provisions of this
subsection vIDO simultaneously receives income under the Workers' Compensation Act shall receive,
for the duration of such income and to the extent of his/her accumulated unused sick leave, only that
portion of his/her regular rate of pay (see Article 9, Section 4) Wrich will, together with said incorre
equal his/her regular rate of pay at the time of injury. In that event, the employre's accumulated
unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to
his/her regular biV\eekly salary Wrich shall be deemed to be that sarre proportion of the number of
regular hours he/she V\Ould othelV\ise have been scheduled to V\Ork for the day, V\eek or other period
involved, rounded out to the nearest tenth of an hour.
M The use of sick leave for purposes other than those designated herein will be considered a major rule
infraction.
N. Sick Leave Incentive Program
1. F olloV\ing any full payroll calendar yrnr period that a bargaining unit employre uses no sick leave,
the employre will be allOwll to convert tv\{) days of sick leave to Sick Leave Incentive Days or the
cash equivalent based upon the employre's current base hourly rate of pay.
2. FolloV\ing any full payroll calendar yrnr that a bargaining unit employre uses betv\een one-tenth of
an hour and the equivalent of tv\{) days of sick leave the employre will be allOwll to convert one
day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employre's
current base rate of pay.
3. Employres shall be required to submit notice of their choice of the above within 30 days of Sick
Leave Incentive eligibility notification or shall have no sick days converted
o. Leave Pool
A joint leave pool will be established by rrembers of the International Association of Fire Fighters
bargaining unit, such leave pool to be available for use byrrembers subject to the folloV\ing provisions:
1. The purpose of the leave pool is to provide leave to bargaining unit rrembers vIDO face significant
time off without pay due to a serious illness or injury, vIDether job-connected or non-job-
connected, or serious illness or injury to a family rrember covered under the family sick leave
policy. The leave pool may not be used for short time periods vIDere an employre may be without
pay. Short time shall be defined as less than 30 calendar days.
2. A committee shall be formed and the committee shall determine use of the leave pool days, subject
to the above purpose and limitations.
a) The committee shall consist of three members designated by the bargaining unit, one
manageIrellt employre designated by the Fire OUef, and one management designee of the Gty
Manager.
33
Item # 5
Attachment number 1
Page 39 of 58
b) The committee shall review employre needs and cirCl.1Ir6tances consistent with the provisions
of the leave pool and shall determine eligibility for and the aIrOunt of pool leave tiIre that may
be provided to emplo~. The committee may establish procedures, foI'lr6, and other rules
necessary for its effective operation, provided they are consistent with the provisions of this
section.
c) The committee's decisions are final and are not grievab1e.
3. Bargaining mit rrembers may donate daY-' from their vacation, floating holiday, or sick leave
balances to the leave pool one tiIre per )ffif in January.
a) No employre shall be permitted to donate IrOre than three daY-' of leave per )ffif to the pool.
In the event that the leave pool beco:rres insufficient to provide leave daY-', the committee may,
with the prior approval of the Gty Manager or designee, open up the opportmity for additional
donations to be made during the calendar)ffif. This shall be limited to one time per )ffif;
hOV\eVer, the 3-day donation limit shall not be IrOdified
b) All donations of pool leave tiIre must be in full-day increments based on the employre's full-
tiIre, regularly scheduled day (i.e. anS-hour or 24-hour day is a full day).
c) Donations of pool leave tiIre are irrevocable.
d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall
be computed as dayfor day.
4. When pool leave tiIre is authorized by the committee for use by an employre, it shall be on a day-
for-day basis, irrespective of Wlether the employre V\Orks an S-hour or 24-hour shift. An employre
using leave pool time shall receive regular base pay and his/her regular shift pay; hOV\eVer, other
paY-' shall not be provided with leave pool daY-' (e.g., lead pay, acting pay, special assigmrent pay,
etc.).
5. Pool leave tiIre not used in a given )ffif by the employre receiving the donated pool leave time shall
be returned to the leave pool and carried over to the next)ffif. No donated pool leave tiIre will be
refunded to the donor.
Section 4.
Funeral Leave
A 56 hour schedule emplo~ shall be allOwll up to three shifts off with pay and 40 hour schedule
emplo~ shall be allOwll up to four duty daY-' off with pay in the event of a death in the imIrediate
family Wrich shall be limited to spouse, child, parent, brother, sister, steprrother, stepfather, stepchild,
or IrOther-in-Iawor father-in-law: This is not chargeable to sick leave.
B. 56 hour schedule emplo~ shall be granted up to tv\{) shifts off with pay and 40 hour schedule
emplo~ shall be allOwll up to three duty daY-' off with pay in the event of a death in the extended
family, specifically defined as granchrother, grandfather, grandchildren, sister-in-Iavv, or brother-in-law:
This is chargeable to sick leave. The Fire Chief may grant funeral leave to emplo~ for the death of
other household members.
34
Item # 5
Attachment number 1
Page 40 of 58
C. Additional tiIre off may be granted by the Fire OUef, or his/her designee and shall be chargeable to
sick leave. Furthenrore, anyemployre availing hirr6elf/herself of a provision in this section must
notify the Fire OUef or his/her District OUef or Fire Assistant OUef of such intent as soon as possible.
Section 5. Absence Without Leave
A Any employre vIDO is absent from duty for tv\{) consecutive V\Ork daY-' for 56-hour emplo~ and
three consecutive V\Ork daY-' for 40-hour emplo~ without notice and valid reason therefore shall be
deerred to have voluntarily terminated his/her Gty employment and to have vacated his/her position
and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted
under any of these rules.
B. The failure of an employre to report for duty at the expiration of a leave of absence or vacation leave
with or without pay, shall be deerred an absence without leave.
Section 6. Time Off From Duty
A An employre may be granted necessary tiIre-off from his/her duties with compensation for any of the
folloV\ffig reasons, vIDen such time off does not, in the judgment of the Fire OUef, interfere with the
operation of the DepartIrent.
1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meeting"
vIDen such attendance is approved in advance by the Fire OUef or his/her designee. Attendance
will be at the discretion of the Fire OUef except vIDen the requested leave is for prorrotional exarr6
Wrich will get first priority.
2. Attendance at in-service training and other in-service meeting" vIDen approved by the Fire OUef or
his/her designee. The provisions of this paragraph shall be deemed to include authorized safety
rreeting".
3. The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state
and international conventions, provided a minimum of one rronth's written notice is given to the
Fire OUef.
B. The Union may, upon request, be allOwll up to 400 duty hours per fiscal ~ar to be excused for Union
business, conferences, training and Executive Board meeting" pertaining to the Gty of Oearwater.
Any such request must be initiated in writing through the chain of command, via the District OUef,
and will give the name of the person wanting off, date the person is to be off, and the number of hours
the person will be off. TiIre off from duty under this provision must be approved by the Fire OUef or
his/her designee and must be taken in not less than four-hour increments. Absences for Union time
excluding the Union president/designee shall count toward the total number of seven emplo~
permitted to be absent for personal leave on any given shift. Any unused portion of the balance is to
be carried over into the next contract )ffif.
35
Item # 5
Attachment number 1
Page 41 of 58
Any lEe of City facilities for Union-related business shall require written request at least 48 hours in
advance to the Fire Chief, Wrich may be granted or denied at his/her sole discretion. Executive Board
rrembers only shall be permitted to conduct/attend Executive Board meeting" Wille on duty with no
charge to the aforementioned Union time, with the prior approval of the Fire Chief or his/her
designee, provided 48 hours notice is given, and further provided that such meeting" will cause no
adverse impact to DepartIrent operations. Off-duty Executive Board rrembers shall not be eligible to
receive any compensation for time spent attending such meeting".
Union officials utilizing union time shall not be eligible during the time of utilization for Worker's
Compensation benefits in case of injury. In any event, absence from duty for union business shall not
be approved Wrich requires a union official to be off duty for periods in excess of three consecutive
scheduled V\Ork shifts. Extension of any consecutive time off for union officials, over and above the
three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union
time off must be made on the designated form.
Jointly related business betv\een the Gty and the Union shall not be subject to deduction from the
bank, hOV\eVer, the Union acknowedges that such time needed for arbitration hearing" will be
chargeable to the accmmt. In any event, the Fire Chief or his/her designee, may at his/her discretion
deny any request not made at least 72 hours in advance and submitted by a Union Officer, or Wrich
renders the DepartIrent staffed below that level Wrich the Chief determines to be necessary.
Section 7.
Right to Contribute Work
In the event that an employre's illness or phY-'ical incapacity should continue beyond the point
Wlere his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other
qualified emplo~ of the DepartIrent perform his/her regular duties; provided that such substitution
V\Ould not require overtirre compensation for the substitute and the maximum alloVVc1ble contributed time
to anyone employre is a total of 90 calendar daY-' for the duration of this contract.
Section 8.
IDM Re-Opener
The Gty and the Union agree that based upon a mutual agreerrent of the parties, this Article may
be reopened for the purpose of negotiating the implementation of a program of Integrated Disability
Management. If the Article is reopened for such purpose and the parties are not able to reach an
agreerrent, the item shall not be subject to the impasse procedure and the Article shall remain status quo in
Wlole and part.
ARTICLE 9
WAGES AND COMPENSATION
Section 1.
Pay Schedule
The pay schedule shall be in accordance with Appendix A
36
Item # 5
Attachment number 1
Page 42 of 58
All bargaining tmit employees vIDO are currently in an active employment status as of the date of
ratification of this Agreement by the Union or the effective date by action of the City Cmmcil if the
Agreement is not ratified shall be provided a one-time lump sum gross bonus payment equivalent to
one-and-one-half percent (1.5%) of the respective employee's annual base rate of pay, minus applicable
withholding based on the step number the employee is allocated to as of September 30, 2008.
The job classification of Fire Medic is established and the job classifications of
Firefighter/Pararredic and Firefighter/Lead Medic are abolished. Vacant positions may be converted to
the Fire Medic job classification at the sole discretion of the Fire OUef. The Gty retains the right to hire
qualified external applicants into the Fire Medic job classification, or to offer promotional opporttmities to
qualified existing bargaining tmit or other City personnel.
Employees assigned to the job classifications of Firefighter/Pararredic and Firefighter/Lead
Medic shall be reclassified to the Fire Medic job classification and shall be converted to the
corresponding step number in the Fire Medic pay range that is the same as the step number they are
allocated to prior to the reclassification. The classification of Fire Lieutenant/Rescue-Pararredic
shall be retitled Fire Medic Lieutenant.
Section 2.
Pay Schedule Format: Merit Step Increases
A The classes of Firefighter, Firefighter/Driver-Operator, and Fire Medic shall have tv\elve merit steps.
The classes of Fire Prevention Inspector, Fire Lieutenant, and Fire Medic Lieutenant shall have nine
merit steps. Merit steps tv\{) through six shall provide for approximately a 5% increase over the
preceding step, and merit steps seven through tv\elve shall provide for approximately a 2-1/2%
increase over the preceding step.
B. Pay increases are not automatic but are management review rates and may be granted only upon
receiving a rating of satisfactory or better on the annual performance review: Eligibility for review for
within pay schedule increases shall be as folloV\5:
Appointment and Merit Step Review and Advancement:
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Original appointIrent or prOlrotion
At the end of one yrnr of satisfactory service in Step 1.
At the end of one yrnr of satisfactory service in Step 2.
At the end of one yrnr of satisfactory service in Step 3.
At the end of one yrnr of satisfactory service in Step 4.
At the end of one yrnr of satisfactory service in Step 5.
At the end of tv\{) )ffifS of satisfactory service in Step 6.
At the end of tv\{))ffifS of satisfactory service in Step 7.
At the end of tv\{) )ffifS of satisfactory service in Step 8.
At the end of tv\{) )ffifS of satisfactory service in Step 9.
At the end of tv\{))ffifS of satisfactory service in Step 10.
At the end of tv\{) )ffifS of satisfactory service in Step 11.
If an employee's evaluation by managerrent is rated satisfactory or higher, the approved merit pay
increase shall becoIre effective as of the date of the employee's eligibility therefore, except as provided in
Section 3 belmv.
37
Item # 5
Attachment number 1
Page 43 of 58
Section 3.
Merit Step Review - Increases and Delay or Denial
Emplo~ vIDO receive a merit eligibility evaluation rating of Satisfactory or higher shall be
advanced as provided in Section 2 above.
Emplo~ vIDO receive a merit eligibility evaluation rating of less than Satisfactory shall not be
granted a merit step advancement. Such emplo~ shall be reevaluated after three IrOnths and if then
rated satisfactory, shall be granted a merit step adjustrrent as of the date of the three-IrOnth follow-up
evaluation. The effective date of the increase shall be utilized for the purpose of determining eligibility for
future merit evaluation review and advancement to the next higher step.
If the initial three IrOnths follow-up evaluation rating is still less than Satisfactory, the employre
shall be evaluated again in three more IrOnths. If then rated Satisfactory or higher, the employre shall be
granted a merit step adjustrrent as of the end of that second three-IrOnth follow-up period The effective
date of this increase shall be utilized for the purpose of determining eligibility for future merit evaluation
review and advancement to the next higher step.
If the employre is rated less than Satisfactory on the second three-month follow-up evaluation, no
merit step advancement shall be made; and the employre will be evaluated again one yrnr from the date of
the initial annual evaluation Wrich was less than Satisfactory.
Section 4.
Rates of Pay
A Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule.
B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned.
C. Overtime is defined as one and one-half tiIres an employre's regular rate of pay.
D. School pay is defined as regular rate of pay and shall be cmmted as hours V\Orked for the purpose of
computing overtime vIDen duly authorized by the departrrent.
Section 5.
Annual Personal Resource Allowance
A All :rrembers of the bargaining unit vIDO are actually V\Orking shall be provided an annual allowance
of $1,000 per yrnr, Wrich shall be utilized to cover (1) the costs of purchasing and latmdering coat,
shirts, pants, jumpsuit, and bed linens, (2) the replacement of personal items such as glasses,
watches, hearing aids, etc., and (3) time spent attending the annual physical except for 40-hour
schedule personnel vIDO shall attend on duty, but shall still receive the allowance.
B. An employee vIDO is on extended sick leave (60 days or more) or has been approved for regular
disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal
resource allowance.
C. The annual resource allowance shall be paid on a quarterly basis to eligible bargaining unit members
vIDO are actually V\Orking at the time of the quarterly payment, and shall reflect the appropriate
amotmts subject to withholding and not subject to withholding for tax purposes.
38
Item # 5
Attachment number 1
Page 44 of 58
Section 6. Mileage Reimbursement
A For each move a Firefighter is required to make, and use his/her OWl vehicle, after he/she has
reported to his/her duty station, the Gty will provide reimb1JfSell'ellt to the employre in accordance
with Sec. 2.328 of the City of Oearwater Code of Ordinances; or, the Gty may elect to provide
transportation.
B. The mileage reimbursement rate shall be consistent with Gty Policy.
C. This distance will be computed by the City, so that both the City and employre can refer to a standard
table to ascertain the distance betv\een anytv\o Fire Stations.
D. Written requests for mileage reimb1JfSell'ellt must be made to the Fire OUef's office on or before
September 15. R€CJlEsts received after September 15th shall be void and no reimbursement shall be
required of the Gty.
E. The DepartIrent will post a reminder notice at least 30 daY-' prior to September 15.
F. The money shall be paid by September 30 of each)ffif.
G. In the event that an employre is transported in a Gty vehicle under the provisions of this part, the City
will provide the employre transportation back to his/her duty station at or before the end of the
employre's tour of duty if the employre so requests.
Section 7. Special Teams
Anyemployre vIDO rreets the current certification guidelines set forth by the Fire OUef and is specifically
assigned to a Special Team on a scheduled shift shall receive tv\enty- five dollars per payroll period in
addition to the current base rate of pay. Bargaining unit members vIDO rreet the current certification
guidelines set forth by the Fire OUef and are assigned as team leaders shall not receive the Special Team
pay as described above, but shall instead receive thirty five dollars per payroll period in addition to the
current base rate of pay.
Special Team training and assignments shall be made at the discretion of the Fire OUef or his/her
designee and Special Team Pay will be provided to a maximum number of emplo~ as folloV\5:
Dive Team - 6 per shift plus one team leader
Technical Rescue Team - 8 per shift plus one team leader
Emergency Response (SWAT) Team - 4 per shift phE one team leader
Emplo~ may participate on IrOre than one Special Team but shall be eligible to be compensated
for one Special Team only. Additional emplo~ may be permitted to participate in the training process
only based on availability of funds. The departIrent shall provide the initial issue of clothing and
equipment particular to Special TeaIT6 and the replacement of clothing (shirt, pants, coat, and jumpsuit)
will be the responsibility of the employre through the use of the annual Personal Resource Allowance.
Initial issue Special Team clothing shall be the folloV\ing
39
Item # 5
Attachment number 1
Page 45 of 58
Dive Team
CoatlJ acket 1
JumpSuit 1
SV\im Tnmks 1
Tee Shirt 1
Shorts 1
Technical Rescue Team
Tech Shirt 3
Tech Pants 3
S.W.AT. Team
Shirt 2
Pants 2
An employre may be reIrOved from a Special Team assigmrent if he/she is mable to participate
for a period of 30 daY-' or IrOre for reasons other than scheduled leave. Special Team pay may be
discontinlEd at any tirre should the Cityno longer continue to provide the designated service.
Section 8
EMS Wages
A All emplo~ shall receive pay in accordance with Appendix A
B. Emplo~ of the DepartIrent vIDO currently receive "grandfathered" E.MT. pay shall continue to
receive such pay, provided the employre rreets additional certification as required by Pinellas County
E11S SY-'tem and retains his/her State of Florida and Pinellas County certification as an E.MT. If a
"line" Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant is receiving 5% "grandfathered"
E.M T. pay and is subsequently promoted or assigned in an acting capacity to Fire Medic or Fire Medic
Lieutenant, said employre shall receive the appropriate promotional or acting pay and the
"grandfathered" E.MT. pay shall be deemed to be incorporated therein.
C. Employres assigned to the non-Pararredic classifications of Firefighter, Firefighter/Driver-Operator,
and Fire Lieutenant vIDO are State of Florida and Pinellas County certified as a Pararredic, and vIDO
agree in writing to be willing to serve in an acting capacity as a Fire Medic or to be assigned as a
Paramedic on an ALS unit vIDen called upon by the DepartIrent to do so, shall receive a Paramedic
certification pay differential of $100.00 per payroll ~riod Such emplo~ shall be eligible to receive
Acting Pay in accordance with Paragraph D below in addition to the biV\eekly certification pay. Such
emplo~ vIDO elect to receive the Paramedic certification pay differential shall be required to provide
written notice of their intent to no longer be willing to serve in an Acting capacity as a Fire Medic or as
an assigned Pararredic on an ALS unit and thereby no longer receive the $100.00 per payroll period
certification pay differential at least 30 calendar daY-' prior to the end of the payroll period in Wrich they
wish to effect the change. Upon the effecting of such requests by the DepartIrent, the affected
emplo~ shall not be eligible to receive the Pararredic certification pay differential for a period of six
IrOnths. Emplo~ assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-
Operator, and Fire Lieutenant vIDO are State of Florida and Pinellas County certified as a Paramedic
and vIDO do not agree to be willing to serve in an Acting capacity as a Fire Medic or as an assigned
Paramedic on an ALS unit and thereby not receive the $100.00 per payroll period certification pay
40
Item # 5
Attachment number 1
Page 46 of 58
differential shall be eligible to elect to be assigned as a Pararredic to an ALS mit on a voltmtary basis,
and vIDen so assigned on an ALS mit shall be compensated in accordance with paragraph D belmv.
D. Employres assigned to the non-Pararredic classifications of Firefighter, Firefighter/Driver-Operator,
or Fire Lieutenant vIDO are state and COtmty certified as an E.MT. or Paramedic, and vIDO are not
receiving Acting pay or II grandfathered" E.M T. pay, and vIDO are assigned as a Pararredic on an ALS
mit will receive assignrrent pay of 5% above the employre's current base rate of pay for all hours
served on the ALS mit.
E. The Department agrees to publish a semiannual list of the dates of expiration of all E.M T. and
Paramedic certifications.
Section 9.
Training and Tuition Refund
A Members of the bargaining mit shall be entitled to participate in a tuition reimbursement program
provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant
and/or Fire District OUef vIDere department policy will be followU HOV\eVer, the Gtyand the Union
may agree to pro rate such tuition reimbursement for classes Wrich cross both on-duty and off-duty
time.
B. The tuition refund for members of the bargaining mit shall be $1,000 per )ffif for each )ffif of the
agreerrent. HOV\eVer, if classes taken by a bargaining mit member consist exclusively of those
pertaining to an advanced degree program as part of a partnership betv\een the City and an accredited
college or miversity, then $1,200 of tuition paid for such classes shall be reimbursable.
C. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any
obligation to the Citytmder FLSA
D. Except for training requirerrents occasioned by extended vacations, vIDen a bargaining mit member is
directed by the Department to attend classes, the rrember will be compensated for the hours spent in
accordance with the law:
E. The City shall provide and maintain reasonable training grotmds and facilities.
D. The City agrees to pay the tuition only for classes required as part of a State of Florida Pararredic
certification program for up to one bargaining mit :rrember per shift or 3 members total,
Wrichever is greater, provided that the classes are offered in such a manner that the emplo~ may
attend the classes during non-duty hours, and such class hours shall not be COtmted as hours
V\Orked. Should such classes not be available in a manner that the emplo~ may attend during
non-duty hours, the Fire OUef in his/her sole discretion shall determine vIDether to release the
emplo~ from duty for only the hours necessary to attend the classes. In such case, the
emplo~ shall be expected to serve the remaining hours of any shift for Wrich they are scheduled.
Any prerequisite classes necessary to participate in a State of Florida Pararredic certification
program shall only be subject to the tuition reimb1JfSell'ellt provisions outlined in Paragraphs A-D
above and in accordance with established Department guidelines to determine vIDether or not the
class hours constitute School Time.
41
Item # 5
Attachment number 1
Page 47 of 58
Any existing employre vIDO obtains a State of Florida Pararredic certification through the process
outlined in this Section shall be required to comply with the requirements necessary to obtain and
maintain certification as a Paramedic in Pinellas County, and shall be required to remain with
Oearwater Fire and Rescue and serve as a Fire Medic vIDen called upon to do so for a period of
five )ffifS or shall be subject to repayment of any costs incurred by the DepartIrent for such
classes. Should an employre voluntarily leave the departIrent or be permitted to voluntarily
demote to a non-paramedic classification in accordance with this agreerrent before the end of the
five )ffif period, the aIrOunt of such repayment shall be prorated by 3-IrOnth increIrellts with the
employre being required to pay the prorated aIrOunt corresponding to the number of remaining
full3-IrOnth periods not served.
Section 10. Clothing and Equipment
A The Gty shall continue to provide the initial clothing and protective devices currently supplied, or their
equivalent, and initial safety equiprrent currently supplied, without cost to the employre. The
employre will replace any lost or abused equiprrent that has been supplied by the DepartIrent by
purchasing the lost or abused equipment from the DepartIrent at the value of the lost or abused
equipment, as determined by the Fire Chief.
B. The folloV\ffig equipment will be supplied initially to each employre:
Item
Coat or Wmdbreaker
Pants
Oass A Shirts
T-Shirts
Shorts
SV\ffitshirt
Jumpsuit
Badge
Narretag
Collar Insignia (set, as necessary)
Blanket
Pillow
Bunker Coat
Bunker Pants
Helmet
Firefighting Boots (pair)
Firefighting Gloves (pair)
Air Mask
Nomex Hood
Suspenders
Gty and County ID
3 cell Flashlight
Quantity
1 (employre option)
5 (F.P.I. 8)
5 (F.P.I. 7)
(long sleeve @ employre option)
3
2
1
1
1
1
2
1 (F.P.I. 0)
1 (F.P.I. 0)
1
1
1
1
1
1
1
1
leach
1
42
Item # 5
Attachment number 1
Page 48 of 58
All emplo~ will be provided an initial issue of any new items in addition to those on the list above
vIDen such iteIT6 are required by the DepartIrent. Equivalent variations of clothing items on the list
above, such as coats, shirts, and pants, may be provided by the DepartIrent to all new.y hired
emplo~ and shall be available to existing incumbent emplo~ through the use of the personal
resource allowance as defined in this Agreement.
C. The folloV\ffig iteIT6, if issued, shall be returned to the DepartIrent before an employre leaves the
service of the DepartIrent either by termination, resignation, retireIrent, etc. Should any such iteIT6
not be returned, the City shall withhold from the employre's final payd1eck an amount sufficient to
reimburse the City at a pro-rated replacerrent cost of the equiprrent.
Item
Badge
Gty and County ID
Collar Insignia (set, as necessary)
Bunker Coat
Bunker Pants
Helmet
Firefighting Boots (pair)
Air Mask
3 cell Flashlight
Quantity
1*
1 each as applicable
2
1
1
1*
1
1
1
* (to be rrounted and/or returned to employre upon request in accordance with the current practice if
separation is due to retireIrent)
Any such equipment Wrich becomes V\OID or mserviceable through no fault of the employre shall
be replaced vIDen returned to the DepartIrent.
D. Employres shall be provided an allowance for the replacerrent of coat, pants, shirts, and jumpsuit
Wrich may beco:rre V\OID or mserviceable in the course of duty. The Fire DepartIrent in conjunction
with the Union shall publish annually a list of vendors and the specifications and each employre shall
be responsible for the replacement of coat, pants, shirts, and jumpsuit.
E. The DepartIrent shall issue and maintain unifoI'lr6 and equipment to personnel it determines necessary
in order to provide an Honor Guard presence as the Gty deems appropriate and subject to the
availability of funds. I t is understood that the decision vIDether to have an Honor Guard, and vIDO
shall be designated to participate, rests with the Fire OUef in his sole discretion. Any items issued to
Honor Guard personnel shall remain the property of the DepartIrent and shall be returned upon
separation in accordance with Paragraph C of this Section above.
Section 11. Standby
A Fire Prevention Inspectors vIDO are assigned to remain in a standby stahE Wille not on duty shall be
paid at the folloV\ffig rates during the term of this agreement:
Monday through Friday
Weekends
Extended Time During Designated HolidaY-'
$10.00 per night
$50.00 per V\eekend
$30.00 per night
43
Item # 5
Attachment number 1
Page 49 of 58
B. Standbyassignrrents are mutually exclusive of call-in and holdover provisions of this agreement.
Nightly standby (Monday - Friday) shall begin at the end of each regular V\Orkdayand shall end at the
beginning of the next V\Orkday (16-hour period). Weekend standby shall begin at the tiIre Wrich V\Ould
be the employre's normal starting tiIre on Saturday and shall conclude at the beginning of the
employre's regular V\Orkdayon Monday (48-hour period). An employre assigned to standby and vIDO
continues in standby assignment for an 8-hour extended period on a designated holiday shall be paid
$30.00 instead of $10.00 for a nightly standby period In addition to the above, an employre vIDO is
called out to V\Ork Wille on nightly or V\eekend standby duty shall be credited with one hour V\Ork time
or the actual hours V\Orked during the entire standby period, Wrichever is greater.
C. The Department retains the discretion but is not required to assign a take-home vehicle to Fire
Prevention Inspectors vIDO are subject to standby.
Section 12. Paycheck Issuance
Payd1ecks shall be available on the same day that the payd1eck is dated, to be issued to emplo~
both on-coming and off-going shift at their assigned station.
ARTICLE 10
INSURANCE
Section 1.
Life Insurance
All life insurance premium contributions and plans currently in force shall continue for the duration
of this Agreerrent. The selection of an insurance company shall be free and without prejudice and of the
employre's choice from the companies offered by the Gty, with the approval of the Insurance Committee.
The Union agrees to participate with the Insurance Committee in making decisions regarding life
rnsurance.
Section 2.
Death Benefits
The current practice of paymg accrued rights and benefits to the designated beneficiary or next-of-
kin upon the death of an employre shall continue.
Section 3.
Health Insurance
The City agrees to rreet with the I.AF.F. and other Gty of Oearwater union representatives to
review the health insurance program for the purpose of reducing the cost of such program for the Gty and
the emplo~. The Gty further agrees to provide the I.AF.F. with such information as V\Ould be required
to formulate such a benefit package and to cooperate with the I.AF.F. and other unions to obtain
pertinent information from the present carrier.
44
Item # 5
Attachment number 1
Page 50 of 58
The City agrees that for the calendar ~ar occurring within the first year of the agreement, the
City shall contribute toward the medical insurance premiill11S for emplo~ and their dependents in the
amOlmt approved for the plans approved by the City COlmci1. The City agrees to maintain the current
Benefits Committee recommendation process culminating in final action by the City Conncll to
determine medical insurance premiill11S for emplo~ and their dependents for the duration of this
Agreement. The City further agrees that during the life of the agreement, the City will make available to
emplo~ the option of at least one health insurance plan for V\tUch the City shall pay 100% of the
premium for the emplo~ only base benefit plan cost, it being nnderstood that such base plan may
provide a different level of benefit than that V\tUch is currently provided Additional coverage for the
family or spouse, as ~ll as any enhancements or ''buy ups" to the base plan will continue to be paid for
by the emplo~.
Any information received by either party from the consultant or from another carrier will be shared
with the other party.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
The City and the Union agree that any system of discipline or performance managerrent should be
continually reviev\ed for its effectiveness. The system may be rrodified from time to time to better rreet
the needs of the emplo~ and the City. Any changes will be consistent with sOlmd personnel practices.
All discipline will be for just cause and consistent with due process. Emplo~ have the right to Union
representation any time they believe a rreeting may lead to disciplinary action.
The Gty-wide and Fire Department standards shall be in writing. The Union will provide input as
the standards are developed and/or modified If the Union refuses to participate or provide input, the City
and the Fire Department maintain the right to change the process. The Gty recognizes that members of
the Fire Department are protected by the "Firefighter Bill of Rights" and any disciplinary action will
conform to the guidelines of that law:
ARTICLE 12
DRUG AND ALCOHOL POLICY
Section 1. V olnntary use of controlled substances V\tUch cause intoxication or impairm2nt on
the job poses risks to the emplolff, the affected employre and their coV\Orkers.
Section 2. All bargaining unit emplo~ will be fully infonred of the emplolff's for cause
drug testing policy before testing is administered Bargaining unit emplo~ will be provided with
information concerning the impact of the use of drug5 on job performance. Fire District Chiefs and other
management personnel will be trained to recognize the symptoms of drug abuse, impairm2nt and
intoxication. The City will permit five emplo~ selected by the Union to attend such training class on
City time.
45
Item # 5
Attachment number 1
Page 51 of 58
Section 3. City s Drug and Alcohol Program Policy
A The City's Drug and Alcohol Program Policy delineates drug and alcohol test procedures.
Revisions govemmg testing standards and job classification sJE:ifications shall be made as
revisions to laV\S or regulations of state or federal goveITlII'ellt or agencies deem permissible.
Union representatives V\ill be furnished V\ith copies of the policies upon such revision Whenever
the City or the Union proposes to amd or change any policy affecting drug and alcohol testing.
the City or the Union shall provide notice and a copy of the proposed amdrrents or changes to
the other party a reasonable period of tirre m advance of the proposed effective date of the change.
The Union and the City shall have the right to bargam such proposed amdrrents or changes m
accordance V\ith the law and the terms of fuis agreemt.
B References to CDL and "safety-sensitive" employees and positions shall not apply to IAFF bargaining
unit rrembers. As such, IAFF bargaining unit rrembers shall not be subject to the folloWng provisions
of the City Drug and Alcohol Program Policy or agreed to by the parties:
Section II, B.
Section II, C.
Section II, E. 2.
Section II, E. 4.
ARTICLE 13
RETIREMENT
Section 1. The Gty and the Union agree that prior to retiring an employre may use his/her
vacation leave balance at 100% value and sick leave balance at 50% value to advance the employre's date of
retirement.
Section 2. The employre will be considered a regular employre for service credit to the
pension plan. The Gty and the employre will continue to contribute to the pension plan.
Section 3. During the period of "retirement advancement", the employre will not be eligible to
receive or accrue any benefits except retirement credit, "grandfathered" EMf Pay, and Educational
Incentive Pay. The benefits that will stop mclude, but are not limited to, vacation and sick leave accrual,
insurance premium payrrents, V\Orkers' compensation, holidaY-' and holiday pay, allowances,
reimbursements and special payrrents of any kind
ARTICLE 14
SENIORITY AND LAYOFFS
Section 1.
Seniority
A Definition -- Seniority is hereby defmed as the length of continuous service m Gty employment
except as applied to vacation preference, promotions, layoffs, and assignments.
46
Item # 5
Attachment number 1
Page 52 of 58
B. How 11easured
1. In the event an employre transfers from the Fire DepartIrent to another position within the City
and, at a later date, transfers back to the Fire DepartIrent, the seniority date for the purpose of
layoff, promotions and transfers, shall be the date the employre transfers back into the
DepartIrent.
2. Anyemployre vIDO transfers from another City departIrent to the Fire DepartIrent shall retain full
City seniority with regards to vacation and sick leave accrual. HOV\eVer, for purposes of layoff,
departrrental seniority shall prevail. In regards to pay and }ElSions, the applicable civil service rules
or Oty Pension ordinance shall apply.
3. In the event tv\{) or more emplo~ have the same seniority date, the employre vIDOse first letter
of his/her last name is closest to the letter" p.:' shall have more seniority.
4. The seniority list on the date of this agreement shall reflect naIl'eS, job titles, and seniority dates
(departIrental and Oty) of all employres.
5. The City will maintain a current seniority list at all tiIres and will provide the Union with copies of
such list in December andJune of each)ffif.
6. Emergency, provisional, seasonal and temporary part-time emplo~ shall not accumulate seniority
during any period of such employrrent.
C. Continuous service shall mean employment by the City in a position in the classified service without
interruption or break, except that the following shall not be considered as breaks in employment:
1. Leaves of absence or time off with or without compensation granted pursuant to this Contract.
The length of any such leave shall not be deducted from the length of continuous service in
computing seniority.
2. Layoffs for lack of \\Ork, lack of funds, abolition of position, or because of material changes in
duties or organization, not exceeding one )ffif in length, followll by reinstatement or by
appointIrent from the reemployrrent list. The length of any such layoff shall not be deducted from
the length of continuous service in computing seniority.
3. Disability retireIrent if and vIDen followll by reinstatement. The length of any such disability
retirement shall not be deducted from the length of continuous service in computing seniority.
4. Sus}ElSions of less than three IrOnths in accordance with this Agreerrent. The length of any such
sus}ElSion of more than three IrOnths shall be deducted from the length of continuous service in
computing seniority.
5. Dismissals subsequently withdraWl or IrOdified by the Appointing Authority, arbitration award,
grievance decision, or the Ovil Service Board in accordance with this Agreerrent.
47
Item # 5
Attachment number 1
Page 53 of 58
6. Resignations subsequently withdraWl, in accordance with this Agreerrent, within six months after
acceptance, followll by reinstatement or appointIrent from the reemployrrent list; provided,
hOV\eVer, that the actual length of separation from the service shall be deducted from the length of
continuous service in computing seniority.
D. Uses -- In addition to the cirCill11Stances and conditions vIDerein, by the provisions of this Agreerrent
and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given
reasonable consideration in determining the order of layoff, the order of names on a reemployrrent list
and in prorrotions in accordance with the rules governing those procedures.
E. Transfer -- In the event of a transfer or appointment from certification to another department, an
employre shall retain all accumulated seniority.
Section 2. Layoffs
A In the event of layoffs, all probationary status emplo~ in the class involved shall be laid off before
any ~rmanent status emplo~ in the class involved The order of layoff of probationary emplo~
shall be determined bymanagerrent evaluations of the performance and potential of the emplo~.
B. In the event further layoffs are required, such layoffs shall be accomplished by class groups of
Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire
Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreerrent,
Management shall determine the number of emplo~ to be laid off and the class or classes involved
An employre vIDO is designated to be laid off shall have the opportunity to revert to the position
he/she held prior to his/her current classification. If this rrovement requires further reduction in the
V\Ork force, the sarre procedure shall be utilized for subsequent positions in accordance with this
section, and the process continued through the ranks thereafter. Within the involved classes, layoffs
shall be accomplished by the following grouping":
1. Group A -- Emplo~ with one through three )ffifS of service in the Oearwater-Fire
DepartIrent.
2. Group B -- Emplo~ with four through six )ffifS of service in the Oearwater Fire DepartIrent.
3. Group C -- Emplo~ with seven through nine )ffifS of service in the Oearwater Fire
DepartIrent.
4. Group D -- Emplo~ with 10 through 12)ffifS of service in the Oearwater Fire DepartIrent.
5. Group E -- Emplo~ with 13 through 15 years of service in the Oearwater Fire DepartIrent.
6. Group F -- Emplo~ with 16 through 18 )ffifS of service in the Oearwater Fire DepartIrent.
7. Group G -- Emplo~ with 19 or rrore )ffifS of service in the Oearwater Fire DepartIrent.
48
Item # 5
Attachment number 1
Page 54 of 58
All emplo~ in Group A must be laid off before any emplo~ listed in Group B; all emplo~
in Group B must be laid off before any emplo~ listed in Group C; etc. Within each group, emplo~
shall be ranked by management and emplo~ laid off by the rank order established Management rating
of emplo~ can be based upon performance evaluations by managerrent of the preceding 3-)ffif period
(if available), disciplinary actions, and phY-'ical ability to perform the job. When other qualifications are
substantially equal, Fire Department senioritywill govern. Managerrent will provide a list of the rank order
within Groups prior to the layoff.
Section 3. No new employre shall be hired tmtil the employre on layoff has been given an
opportunity to return to V\Ork at his/her original seniority date and position; provided, that after one )ffif
of layoff the employre shall cease to accrue seniority and that such reemployment rights shall cease after
tv\o)ffifS from the date of layoff.
Section 4. The Fire Chief shall give written notice to the Human Resources Director and to
the affected employre(s) including the President of the Union, on any such proposed layoff. Such notice
shall state the reason thereof and shall be submitted 30 daY-' before the effective date of proposed layoff.
ARTICLE 15
DURATION, MODIFICATION, AND TERMINATION
Section 1. Amendments
This Agreement may be amded at any tiIre by the mutual written consent of the parties, but no
such attempted amdment shall be of any force or effect tmtil placed in writing and executed or ratified as
required by each party hereto.
Section 2. Severability and Waiver
A In the event that any clause or clauses in this Agreement shall be finally determined to be in violation of
any lavv, such clause or clauses only shall be deerred of no force and effect and tmenforceable, without
impairing the validity and enforceability of the rest of the contract, including any and all provisions in
the remainder of any clause, sentence or paragraph in Wrich the offending language may appear.
B. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not
be deerred to V\aive any soch right or the right to exercise them in some other way in the future.
C. In the event of invalidation of any article or section, both the Gty and the Union agree to rreet within
30 daY-' of such determination for the purpose of arriving at a mutually satisfactory replacerrent for
such articles or sections.
Section 3. Duration
This Agreement shall be effective as of October 1, 2007, and shall continue in full force and effect
tmtil September 30, 2008. At least 120 daY-' prior to the termination of this Agreement, either party hereto
shall notify the other, in writing of its intention to IrOdify, amend or terminate this Agreement. Failure to
notify the other party of intention to modify, amend or terminate, as herein above set forth, will
automatically extend the provisions and terrr6 of this Agreement for a period of one )ffif, and each )ffif
thereafter absent notification.
49
Item # 5
Attachment number 1
Page 55 of 58
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this
day of , 2008.
ATTEST:
CITY OF CLEARWATER, FLORIDA
Cynthia E. Goudeau, City Oerk
William B. Home II, Gty Manager
Approved as to form and correctness:
Countersigned:
ParrelaK. Akin, Gty Attorney
Frank Hibbard, Mayor
WITNESSES:
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, Local1158
John Lee, President, Local 1158
David Hogan, Secretary/Treasurer, Local 1158
50
Item # 5
Attachment number 1
Page 56 of 58
APPENDIX A - WAGES
FIREFIGHTER
PAY RANGE F-02
(80/106 HOURS)
Step October, 2006
BiV\eekly
1 $1358.58
2 $1427.90
3 $1497.07
4 $1575.17
5 $1652.86
6 $1735.07
7 $1778.37
8 $1821.58
9 $1873.56
10 $1920.41
11 $1969.50
12 $2018.70
FIREFIGHTER/DRIVER-
OPERATOR
PAY RANGE F-04
(80/106 HOURS)
Step October, 2006
BiV\eekly
1 $1426.52
2 $1499.30
3 $1571.93
4 $1653.94
5 $1735.49
6 $1821.83
7 $1867.28
8 $1912.64
9 $1967.27
10 $2016.42
11 $2067.97
12 $2119.64
Item # 5
Attachment number 1
Page 57 of 58
FIRE MEDIC
PAY RANGE F-I0
(80/106 HOURS)
Step October, 2006
BiV\eekly
1 $1630.30
2 $1713.49
3 $1796.49
4 $1890.20
5 $1983.41
6 $2082.11
7 $2134.03
8 $2185.90
9 $2248.31
10 $2304.50
11 $2363.39
12 $2422.44
FIRE LIEUTENANT
PAY RANGE F-12
(80/106 HOURS)
Step October, 2006
BiV\eekly
4 $1984.71
5 $2082.58
6 $2186.21
7 $2240.73
8 $2295.20
9 $2360.73
10 $2419.72
11 $2481.56
12 $2543.56
11
Item # 5
Attachment number 1
Page 58 of 58
FIRE PREVENTION
INSPECTOR
PAY RANGE F-12
(80 HOURS)
Step October, 2006
BiV\eekly
4 $1984.71
5 $2082.58
6 $2186.21
7 $2240.73
8 $2295.20
9 $2360.73
10 $2419.72
11 $2481.56
12 $2543.56
FIRE MEDIC LIEUTENANT
PAY RANGE F-13
(80/106 HOURS)
Step October, 2006
BiV\eekly
4 $2204.34
5 $2313.81
6 $2438.20
7 $2492.94
8 $2557.64
9 $2622.22
10 $2687.74
11 $2754.95
12 $2823.83
111
Item # 5
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a 5-year Partnership, Operational Support and Funds Agreement from November 17, 2008 through September 30,2013,
between the City of Clearwater and Pinellas Core Management Services (PCMS), for the use and supervision of the Martin Luther King
Center and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The African American Leadership Council, Inc (AALC) has programmed and operated the MLK center since September, 2004.
However, due to the fact that they lost the majority of their operating funds for FY 2008-2009 the City terminated their agreement with
the City on October 22, 2008.
The agreement between the City and Pinellas County School Board relating to the Martin Luther King property expires on
December 31, 2011.
This agreement will allow for PCMS (who is funded by the Pinellas County Juvenile Welfare Board) to continue providing
quality programs and services to the North Greenwood Community at the Martin Luther King Center. Some of the services include the
following:
. Provide programs to include but not be limited to parental support groups and skills training, family literacy services, job
counseling, child development activities, liaison to the health care system, outreach (including home visits), on-site childcare for
programs, facilitation and support of community meetings and activities.
. Provide agency personnel and volunteers to operate and supervise activities and special programs at the center, and surrounding
area.
. Provide facilitation and support of community meetings, activities, voting and allow all current co-sponsor groups the
opportunity to continue to use the center under current conditions.
PCMS will be required to provide an annual report of activities consisting of the number of clients served, costs of such service,
commentary on the viability, effectiveness, and trends affecting the program and success of same. Accounting of funds received from
the City for these programs will be required.
In addition PCMS will be responsible for all daily maintenance of the facility and will pay all operating expenses associated with
the Center including but not limited to electric, water, sewer, solid waste bill for dumpster, custodial and minor interior building
maintenance.
The City will provide the following funding and in-kind services:
. An operational grant of $87,300 will be prorated to $76,200 to be paid in three installments for FY 2008/2009. Grants for future
years are subject to annual budget approval by the City Council, but will also be paid in 3 installments.
. Lawn and landscape maintenance for all areas around the Youth Center.
. Maintenance for all major capital components of the building, to include air conditioners, roof, plumbing, electrical, etc.
It should be pointed out that PCMS manages a majority of the JWB grant funded programs and facilities and provides the
necessary oversight needed for the operators of the facility to be successful and meet JWB requirements. It has been reported that Jai
Hinson, Executive Director of Life Force may be hired by PCMS to run the programs at MLK center.
A copy of the agreement is available in the Official Records and Legislative Services Department for review.
Cover Memo
Item # 6
Type:
Operating Expenditure
Current Year Budget?:
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$76,200
$76,200
2008 to 2009
Annual Operating Cost:
Total Cost:
o
$76,200
Appropriation Comment
The original grant was for $87,300 however this is
prorated to $76,200
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Appropriation Code
010-01822- 582000- 572-000
Amount
$76,200
Cover Memo
Item # 6
Attachment number 1
Page 1 of 9
AGREEMENT
This Partnership, Operational Support and Funds Agreement is made and entered into
between the City of Clearwater, a municipal corporation of the State of Florida, whose address is:
Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748,
("City ''), and Pinellas Core Management Services, Inc. (PCMS), a Florida Not-For-Profit
Corporation, whose address is: 4500 140th Ave., N., Suite 220, Clearwater, Florida 33762,
("Agency" or "PCMS") (each individually referred to herein as "Party" or collectively as the
"Parties".
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide activities to build and foster the confidence, educational, cultural and social skills and
good habits in young people, adults and families; and
WHEREAS, the City desires to provide programs and activities as a means to help young
people, adults and families; and
WHEREAS, the City owns the Martin Luther King Center Building, ("Center"), located
at 1201 Douglas Avenue, Clearwater, Florida; and
WHEREAS, PCMS has contracted with the Pinellas County Juvenile Welfare Board to
provide services and oversight for programs and activities at the Martin Luther King Center; and
WHEREAS, the Agency desires to partner with the City in providing educational,
motivational and cultural programs by running the day to day operations and offering programs at
the Center; and
NOW, THEREFORE, the parties agree as follows.
ARTICLE I. RECITALS, TERM
1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part
of this Agreement.
2. Initial Term: The term of this agreement shall be for a period of five (5) years commencing
on the 17th day of November 2008 ("Effective Date") and continuing through the 30th day of
September 2013 ("Termination Date") unless earlier terminated under the terms of this
agreement. This Agreement is subject to the continuation of the City's underlying Joint Land
Utilization Agreement with the Pinellas County School Board. Should the Joint Land Utilization
Agreement terminate for any reason, this Agreement shall terminate simultaneously therewith.
3. Options to Renew: The Parties shall have the option of extending this Agreement for an
additional period of five (5) years, based on the same terms and conditions as are set forth herein,
and subject to an extension of the City's underlying Joint Land Utilization Agreement with the
Item # 6
Attachment number 1
Page 2 of 9
Pinellas County School Board, upon written consent of the Parties ninety (90) days prior to the
expiration of this Agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
I. Services to be Provided: The Agency shall provide at a minimum the following
servIces:
a) Programs: Conduct educational, cultural and motivational programs at the Center
for the benefit of neighborhood and Clearwater area youth, adults, and families. The
core programs shall include but not be limited to:
i) Parent support groups and skills training
ii) Family literacy services
iii) Job counseling and related economic development activities
iv) Child development activities
v) Linkages to the health care system and other community services
vi) Outreach (including home visits when appropriate)
vii) Childcare for parents who are attending classes or participating in
activities on site
b) Assistance to the Community: The Agency will maintain communication and
interaction with the surrounding community through such avenues as:
i) Facilitation and support of groups currently utilizing the facility for
community meetings and activities
ii) Facilitation and support for use of center as a voting site
iii) Continue to provide office space to any current organizations that have
daily office hours and provide services to the community
City supports, but reserves the right to approve such third party use.
c) Assistance to the City: Provide Agency personnel and volunteers to operate and
provide programs at the Center as well as at other recreation facilities located on the
premises including basketball courts and tennis courts.
d) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision to conduct Agency activities on the recreation grounds adj acent to the
Center.
e) Hours of Operation: As much as possible, the Agency will provide programs and
activities at the Center on a daily basis and establish regular operating hours similar to
those currently existing at the Center.
2. Area to be Served: Services rendered through this agreement shall be provided to
residents living within the corporate limits of the City as it now exists and as its
boundaries may be changed during the term of this agreement. The primary target
participant group shall reside in areas of the City with the 33755 zip code.
2
Item # 6
Attachment number 1
Page 3 of 9
3. Use of Martin Luther King Center:
a) No Illegal Use: The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. Further, the Agency
understands and agrees that this provision specifically prohibits, among other acts,
the sale, consumption or use of alcoholic beverages or controlled substances
anywhere in, on or around the Center and those adj acent areas used by the
Agency.
b) Rules for Use: Rules and regulations governing the use of the Center may be
established by the Agency, providing they are not in conflict or inconsistent with
the general law, ordinances, policies or operating rules of the City or of this
Agreement. Such rules and regulations developed by this Agency may provide for
and allow reasonable user fees to be retained by the Agency.
c) Inspection by City: The Agency understands and agrees that the Center premises
may be entered and inspected at any time by the City's officers, agents and
employees. The City shall notify the Agency at least 48 hours prior to any
inspections unless entry is necessary due to an emergency as determined by the
City in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances.
e) Signage: The Agency may place an identification sign on the Center or in the
park according to City codes with approval from the City at the Agency's
expense.
f) Structure: No permanent alterations or improvements to the interior or exterior
of the building may be made without the written consent of the City. Any
permanent structural additions approved by the City will become City property
upon termination or expiration of this Agreement.
4. Maintenance of the Center by the Agency.
a) Custodial Maintenance: The Agency shall maintain the Center and adjacent
areas used by the Agency in a clean and orderly condition.
b) Grounds Maintenance: The Agency shall maintain the grounds and parking lot
surrounding the Center from all trash and debris.
c) Repair of Damage: The Agency understands and agrees that it is responsible for
and will cause to be repaired at the Agency's expense, damage to the Center other
than normal wear and tear or vandalism.
3
Item # 6
Attachment number 1
Page 4 of 9
d) Building Upgrades or Modifications: The Agency understands and agrees that
it is responsible for any new upgrades or modifications to the building that are
required to meet their programming needs, with any such permanent
improvements, upgrades or modifications being subject to City approval as
provided for herein.
5. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with the Center including but not limited to electric, water, sewer,
solid waste bill for dumpster at the Center, custodial, telephones, cable t.v. and minor
interior building maintenance.
6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Agency's operation at the
Center.
7. Scheduled Reports of Agency Activities:
a) The Agency shall furnish the City Parks and Recreation Department, with an
annual report of activities conducted under the provisions of this agreement within
sixty (60) days of the end of the Agency's fiscal year. Each report is to identify
the number of clients served, the type of activities, programs offered and costs of
such services.
b) The Agency agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to cooperate in site
visits and other on-site monitoring (including, but not limited to, access to sites,
staff, fiscal and client records, and logs and the provision of related information).
8. Use and Disposition of Funds Received: Funds received by the Agency from the City
shall be used to pay for the above services as further described in a separate budget
proposal submitted by the Agency to the City (Attachment A). Funds existing and not
used for this purpose at the expiration of this agreement, or at earlier termination hereof
for any reason, shall be deemed excess to the intended purpose and shall be returned to
the City within thirty (30) days of such termination or expiration.
9. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any information
necessary to reflect fully the financial activities of the Agency. Such records shall
be available and accessible at all times for inspection, review, or audit by
authorized City representatives.
4
Item # 6
Attachment number 1
Page 5 of 9
b) Use of Records: Agency shall immediately produce such reports and analyses
that may be required by the City to document the proper and prudent stewardship
and use of the facilities and funds provided hereunder.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than five (5) years, and must be disclosed in
accordance with applicable law, including Chapter 119 of the Florida Statutes.
10. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency
agrees to submit to the City a certified independent fiscal audit of all its corporate
activities and any accompanying management letter(s). This audit shall be conducted
consistent with American Institute of Certified Public Accountants (AICPA) Standards
for Non Profit Organizations or other mutually agreed upon standard. The audit will
separately identify City revenues, fees and donations, and expenditures by program.
II. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race,
sex, handicap, national origin, religion, marital status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise
discriminated against as an employee, volunteer, or client of the provider. Agency
agrees to maintain access to handicapped persons as required by law.
b) Inclusion in Subcontracts: The Agency 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.
c) Breach of Nondiscrimination 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.
12. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City,
up to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement. Such publications will state that the program is
supported by the City.
13. Liability and Indemnification: The Agency 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
5
Item # 6
Attachment number 1
Page 6 of 9
includes, but is not limited to matters arising out of or claimed to have been caused by or
in any manner related to the Agency's activities or those of any approved or unapproved
invitee, contractor, subcontractor, or other person approved, authorized, or permitted by
the Agency in or about its premises whether or not based on negligence. Nothing herein
shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes
or the doctrine of sovereign immunity. Nothing herein shall be construed as allowing for
a claim by a third party to this Agreement.
14. Insurance: The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons
or damage to property which may arise from or in connection with use of the
Center premises by the Agency including all activities occurring thereon.
b) A Business Automobile Liability Policy covering claims for injuries to persons or
damage to property that arise from or in connection with use of a motor vehicle
owned by the Agency.
c) Insurance procured in accordance with secti ons 13 ( a) and (b) shall have
minimum coverage limits of $1,000,000.
d) Except for worker's compensation, each insurance policy issued as a requirement
of this Agreement shall name the City of Clearwater as an additional named
insured. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
e) The Agency shall furnish the City with Certificate(s) of Insurance with all
endorsements affecting coverage required by this section. These forms shall be
received and approved by the Parks and Recreation Director before execution of
this Agreement by authorized City officials.
f) Worker's Compensation: The Agency shall provide worker's compensation
insurance for all their employees in an amount at least equal to the statutory limits
of coverage according to applicable State and Federal laws. In addition, the policy
shall include employer's liability coverage with a limit of $500,000 per
occurrence.
ARTICLE III. RESPONSIBILITIES OF THE CITY
I. Grant of Funds: The City, for the 2008/2009 budget year, agrees to budget a grant of
$87,300 (to be prorated as set out below) to the Agency to assist in funding Agency
activities and expenses as identified in this Agreement. The 2008-2009 grant shall be
prorated for the fiscal year and funded from the Effective Date of this Agreement through
6
Item # 6
Attachment number 1
Page 7 of 9
the end of the fiscal year. Grants for future years of this agreement are subj ect to annual
budget approval by the City Council.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance for all areas in the
park and around the Center.
b) The City will provide maintenance for all major capital components of the
building including air conditioners, roof, painting, plumbing, and electrical.
c) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
d) The City will gift to the Agency an agreed upon inventory of existing furnishings
remaining on site i.e. game tables, chairs, tables, file cabinets, and desks. Agency
will be responsible for maintenance and replacement of items if needed.
3. City Liaison: The Recreation Director of the City of Clearwater or his designee will
serve as the City Liaison with the Agency for purposes of fulfilling its obligations
hereunder.
4. Payments: During fiscal year 2009, payments will be made as follows: November 17,
2008, $18,000; March 1,2009, $29,100; and July 1,2009, $29,100. The annual grant, if
approved by the City Council thereafter, will be paid to the Agency in three installments.
October I, March I, and July I of the budget year for which the funds are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement between the Parties 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 as determined by
the City in its sole discretion shall constitute cause for termination. This agreement may
be terminated with 30 days written notice without any further obligation by City. The
City reserves the right to retain any funds not yet disbursed hereunder at such time as a
cause for termination accrues.
2. For Municipal Purpose: In addition to right to terminate for cause, the City may
terminate this Agreement in the event it determines that the premises are required for any
other municipal purposes by giving sixty (60) days written notice of such determination,
following which this Agreement shall terminate in every respect, and both parties shall be
relieved of any further obligations hereunder, except that Agency shall be responsible for
7
Item # 6
Attachment number 1
Page 8 of 9
full payment of all costs and expenses resulting from the operation of the Center which
remain unsatisfied, together with any other monies due in accordance with this
Agreement.
3. Pinellas County Juvenile Welfare Board (JWB) Funding: Failure to maintain JWB
funding for this location shall constitute cause for termination by the City in its sole
discretion.
4. Disposition of Fund Monies: In the event of termination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City within thirty (30) days.
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 City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
2. If to Agency, addressed to Pinellas Core Management Services,
ARTICLE VII. CONTINGENCY
Future funding for this agreement is contingent upon yearly appropriations by the City Council.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,2008.
day of
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne, II
Ci ty Manager
Approved as to form:
Attest:
Laura Li powski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
8
Item # 6
Attachment number 1
Page 9 of 9
PINELLAS CORE MANAGEMENT SERVICES
By:
Printed Name:
President
9
Item # 6
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Accept funding totaling $75,811 and approve the corresponding agreement from Coordinated Child Care for funding of teen programs
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater Parks and Recreation Department has been awarded funding totaling $75,811 for FY 08/09 from Coordinated
Child Care. Council approval is required for each year of the agreement.
Since the program began in 2000, JWB Children's Services Council of Pinellas County was the contract agency. This year, JWB is
granting all of the youth development, out of school time funding to Coordinated Child Care a non-profit, 501 c (3) agency. JWB has
decided to consolidate all of this type of program under one administrative service agency.
Clearwater Parks and Recreation "Charting a Course for Youth" program was developed to nurture teenagers at the Clearwater
neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre-
teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex, and North Greenwood Recreation and
Aquatic Complex.
To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed
by the teen groups. Program activities include community service; volunteer activities; sports and games; cultural, performing, and
visual arts; field trips; and educational programs such as financial management, and abstinence. Each facility has a room that has been
completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games.
In previous years, the grant covered 100% of the "Charting the Course for Youth" program staffing cost for the fiscal year. This year,
we are guaranteed 75% of the funding or $56,858 through June 2, 2008. We will be reimbursed 100% provided that we serve the same
number of youth as we did last year. The 75% covers all staffing costs for two facilities. The third facility in the program last year,
Wood Valley, was dropped due to the funding changes. Clearwater's in-kind contribution includes overall program supervision and
coordination.
There is no requirement to continue the program when the grant ends.
The following special project numbers have been established for accounting purposes:
181-99822- Juvenile Welfare Board/Ross Norton Complex Teens
181-99835 - Juvenile Welfare Board/North Greenwood Teens
Type:
Current Year Budget?:
Other
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Coordinated Child Care Grant Funding
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$75,811.00
$75,811.00
2008 to 2009
Annual Operating Cost:
Total Cost:
$75,811.00
$75,811.00
Appropriation Code
181-99822
181-99835
Amount
$37,251
$38,560
Appropriation Comment
Item # 7
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 # 7
r
~
tlc.<;'. .. ,," I f ,I Iu I: R! -11 j J
NI_. ~_,_.,.
. 11-'-
atIU'IfA._a1 ....-...
...
,L. .PI.' _.~_rJ.. _ Irwt.--- d
..... - _.11". ~ 11II-- a _..-
Attachment number 1
Page 1 of 29
..,..~
" ~r ~_
i:i...Al . -'" aIIrI C. IlJ
11III _ IR - 1IIiL,
~~i~- ~ --..J..
L ....
..
Ph J~, .:. __ III
L.. _Ii 8IltIl
--rflR ~
IF- ~ Ibri~ ~
j'-~'11 k......
. .....1.
"1M' .. = _ Ill.... ~'~ ~_1IIIIiIrIII1I1iI .....'-'4r
_.. 1IIIIIIII11(JMLA~-'l!I I ~ II
IIIII!I'!!III'I ... ~ _- - ............. I
1IiIlIII!lnil'll--" .__r ,~
II[::..L,.A 11II.,.,.... -. - _ .1IItIII1fa-
~& .........
II ...~_ -; tI .- &..." _-~ ,..~I. - II &,.,-'" till
.. III -- ~ 1 w4l '_ _. E ,. ca: .... 8lilf!lil'll1. It. L. ~
.__ lilt.. ". - 11III'11-'. aII_
_ 111II11III ~~.
tlIIIl!I_&L........d_il-.~~ '.....
~
.. .lIIiIKQl
III
IMIIIIl
,... -ea: -.II......:
,4.. a:z
..or.IIB,. "-
.. ~ IIiIIIIId _f ...... III
~ "'b. .. r'-n_, IJr ~...!!in iIr
.' ..IJi1CID oP!P'I'...--l'f
'L ccc __ ~J.~ ---~ iii 1_'" "1tI... - -IIIIIIIIII J = - -....._ BIll P ..
_ 11._,._11..11 -~ d ~lr-, ~..tIj ~'r4. -~ "~II_. 'U --4,~.4Il
A ~__li" ~.. 111111111 -If '.. ~ ~ lIB IU ~ ~J11Id. lit .. ....... ~ &. -IIIiL-J fL II-
~r ..~~
& ~.""1L .............,AlI r..... r(;" ...~~
11
, . ~:~cor=~~:'~ ~'} if 1
II. Ii Ill'll tIJiRt qr __ ~ IiIJ;I '__ _lW ."-+1 iJ.. t..., ~ ~iI' ,If \Wi.,. _ If\. _. 1_'"
rtBIwr IIIIIJ] ~'" W-"" ~ 1" p~ ~ ~ IIiIr 11111IIiI!IJI1" ~_... .w.1llllllll1IiI1_ ~ M
III tJ!IIll ~g ! ItifIIi ~~.db. -4118 ~ . Ill' - ...~... III ~ II1fIIr trl,"...iIdB
.
II. II . "'"1:... r....
~...
11- - ~~--~
a~ .,;.~ -~ '...L;~!-I.j
_".lIllt_
tJ. IM- _~IiII_IbI~I""._,mi~ '''IIi1.II~", _
~ >> -,. .:RIlI:
Iap..td:'
Item # 7
'I
r
'II
I r
.
I
. (
I
:
..
. .
.M[IJ~.... ,....Nf GP R.n_
. .
~\~rl~~--'~I~~-r...""'-i- . -1I~ I~
__......lIIII!.. ~..1Il111
I" .
Attachment number 1
Page 2 of 29
-~-
.. r:=.~ .'
.. &,.. _ ....,......... ......IIIIIIII. ' ~ __ ndIIR. ~ ACiI I ..
tL III......A~ II,....... _ _I b1III!I) 111 l..iL
'"
a L~~.._."""'~ . WIll.. ~.. M...V-
~
..
'IIIl..........'~ - ~~.~~
r6 '. IRiIIIIrIIIr .. .. '
. &=".M~~:'~~~~'I!!'~~
- ....t III __ r-4 ,.-- _ .':' .
III .. ...... .
~ l 'i". I - - - _- III
rr. -....... ... , " II"""
-ot.fIt..~~~
a II ~~"'1.~r~~~"
~~. 1!IIo, =__
... .
~- ~ .
. - .
1It1lllli.....~aIIId....4;U~.~ flPlII..
.. ,',1 AIIr iii
'._11
.'_0' ......
1 .:
. . .
t !IIlfr.d.LAII......II...............~-....I!.-
& .~L 11 ". ....... '1M, .1IIlIIII tIll ......' 111II Mi p- III ~ - .Ld.1llllllll1IIIi --LJ- hd ...... .h..
~~"kIIiII! -, - '__,11." . .
..
..
1& ....-_BlltMIWlUf
I. 1\..&-___ ~.,..... __cuUllrIR-- __~ --........~~ __
.tI~I"n r
I -
L
L'
..
IL
..
~
, .
..
1/1
ill
- ''''I".
I 1;;1I_ ~, .'~
~--
Item # 7
I'
-.. "~.4---~
[ -". -, IICIIIIIIIII'I - !. ~
,....~~ 1IdrIi~
6-~-'~~
:.,.. .",.
ft _-IL..~r-.iI
!II.IIII 'W ........
~
~-- !II. .,.......
1lI
MM-- .\.diW
:
!I
..~ 118
,AA.Lt ..- w
~41 .
.
.-
M,~
_ - :tIIiIIi- _ __- If _-==- __
~-
~ -~ -
I r
Attachment number 1
Page 3 of 29
-
.
,
~
~
m10J.1....~1IIt.ft~
If.;
....~I[-
OIfJ.lwnp
iii
Jd- 'm
~
, ~...
I'
I'"
Item #'"7
'I
II _JIlt.. ..,.HIII-
-<<
Attachment number 1
Page 4 of 29
~ r
.
~a_ -II"
..
.t.
, ~~-'=
'" ~-~fI!!!",",~' -~II . . -.A
- 111& .1_1 .& .... -- - """"if'~~ __.. Ph III. [~ GlllIIr
A. ~." J. . lit
1. .r..r u 11III
!!l, 11IIII1 r ~ I\IdIIr '11 ~ .,
* ___ ~""'_"MUiiil~"',IiI>W>~"'~= ~~.
._ r - I'fl_ ~"1. _II , *""1""''11 ~'~ _ T - ~ =.. 1'IIIiI1I1I1!1JIIRf1 iI.
. ".11. lA- .'.- ..~. ~,.Lm .-111II18-. ~ II.~. J1i.~ _ ~ 't..1'IIIiIIIIi
......, az IF"'" ... .~ -=--.. -'" 11,III& .
i:.. Tfj.1llli1..J'" 11II..... ac II .. 1IIIIIIt'1 rill- -, ~ 18IIIiIII1I_ ~ ..~ "'11I.
, -t.
~ .,.,1dIJl1IIi ~_ - - L
r.;:'"
MlU' m
.~ 1L,.,jd. - -.
. " ~:~ . ~ !I'" IJIIl .... _MR ·
.. ~ I'~ .... 1hI__
.. ~ ".' -
...... 1......fII...~.III. Jl.....
..
..
~ -1'M2-: -~-~r:o~-:~'~1::"""'~II\Y.H"'~4."'" ~I=
...... _ ..... I III ~ _ It~.-_ ....1!!" _..."'" _ "
..,~.!M _ F"~.""""~'" ,~'V~..h 'If _ 1IIIIiI.. _ !LJ~~n iR',_M
=~ JIIld "'hII). . . TIll L.' L. lIIiIl..... GCJa 111 __'IfII" __ ~r
PIIII........ '-1II....r - ~IfIJfI.-- -L -
a
IPlJIlllidri ..
4 ---" ~
~ It.r"" iii PIJIIII . -.. - '1'-.............. _, II ~J.... ~.._ _1III1lIIIIIIr.
...."" _ _ --....,..... ............-~.--
.& ~~- _1I&III.1III._IiIIIIOII-V <t ...-..........tr"""".& ~--, -
a. :.:~J. j.lliil~"oiIi~-liIiIrI.lLlA-4ti~~___...~ J . -- .
. j(-'.' - p:- II" .. . 't.
"._~....I!IIIIIII _~, ~ .~,?' ,,~.~~ ~_
IJ. ~ - _,.411 iii ~ IIIIIIIIIRI ... RIIIt i---- -! 1I .. fIIIIIIf!yo _ -- III _ -'-1"
--
:lIIII\ ~ ~_
"",t.m
Item # 7
:
'I
I'"
. ..
1&
I.
...
^ ,
,;~"<~ !I~'''J ..<,,-" -'_<.~__ ~ ~'~~
- -
11I11II - ,- - :dilll1II_ ~ --4. F\Ill ~ ~ !\III ....11 GCIII.....&... ~ ..,..-AI ~
IIMlmwaJlII 1Jl~ i.. ~ "'... m6~".. - .. ~d 1III.d.... R ....... J.4I!
..._~ ,~-_II"""
:t.
"""'-~'.~"'"_~"_,,,,.L . '=_
,....... iII- ,~..-'~-- 1iIidIJ'''.... .... ~.. II~ -y. . _ ~
~- III~, r;-.1. _ , ,~ _....... ~ Jill ~ ,. ~r ~ ~ ~ fr- ': alii ~ iii , f&I'II.
',,". ........r. _- .J" :_~~z.; - MIJII ~ - /~..44 .. !~ -, ,~ ,.- 't. "II--'--~
, IIl1111l11'_A....III~r , ,it.."W~*""""'gfI"~~~,~*_.f.n. III
... If r ~ 4IL,C' A.... 119 ~ II. h.., _ --'1, ~"""" ,,1IIIl1IiIIIIJ'I .. '
I.
I~~ ~ ~~' ~ - '
II\~U - -__ '1II11rdt;""-Ir;~.II- - -
"'_~I -"'k__ I -'''' _-- ..
..
.Ii
~- ., ~itil LIliIIIr 1JlTIJIIIII1_' - "...
L ~~-. .
... ~,^ .... matte.., , ~ III"'" .. ~ II, 11II'
, 11I',,,," :..JdI.l7\1---- ____ -t~~";..,.,,.~=S..,.. iIIIlII
...,,,.. u'P"..... ,... :
=1I:wc.:':~ ~.--. -= .c- ..IIA. II:~---
____ !II _ _ .......~
1A.
--A,,, _..4..., _.. -,'" &....4 III" lilt ".,.,
.&fL m. -" ~Il -- II1llJ
.. - . '" -1lId1111 fa -.r1lJfi!llllll1l In =
..-ca: 1--...tIitII. - -- '~'" -Idlai ,
IIIf 11II lBdt-&t.... _~ 1.1111II ~ ,-t".,
III"
'I~
~~.
, I I I. ........., .,- k "" . ,. 11&
, ... QII _ . , . _ . WIt JItk... J ll. ,.... ). _ _ or '" \TIlt Ill......... i IIIIIIIdtW '
IIltJiIJdI ~_~h,~_ ,....."'-r-~ ....1iIIf 'IIIR..1l , ..ILI ... _ -
IIIIlru- - .,1IIItIt '... .. .~..dA _ .., lit _, II ItI ii'JL-udt...._~
e:...... - hili I _, "1'HIIl.. ,., - - .. lID fI'1 . J. ,.- 1,_ lilt ,II H I'IllIwIL
11III IIII1i11dl - . LA1 r--- .. .. - ' 1IIl....... - -i 1IIIb!lll..... - t
~":;'l~l_ ...
~:r~. -... - 11II_,__11 IL_
. lIlIIrtI8 d....,d1.. .
-. 5l rhiJ
.......
Item # 7
'I
.
r
. r
1&
L
I
,.
II
- I.'"
..
...
111M
lUG
.. -.....
"........ 11III. ~1~!.M""....d .....~.~~Jlr - ,1-,1IIIIIl
,~ - .
dCI-~'~~ _.....MIf,.,_iLilIiiI&iIfIIirI.......'IIiI'.-.~-<:flilNili='O IIwl111i _1_' -.,
~"1""'_6~ ~ m
.....-
'" _ .,....." -~ S/;/ -" _ =: .-.. ~. lid-=: ~ iii - ~ TIIIIil:J. tIIIllM
'MIItI. ..... r 'I ..... , aMI ........r..iid.. - . ~..... .. - "-. ... N-II-.:alI-;;;&, __. 10.'
I,.. F' ~ ~ ~II"'II"" ..... ~ ... .......
wIIlM... fir J!ltF ""'. . lIIIIII.~ ~r~ ).. "'!If" Ml M rrr ~'_
!IflII!IIP" 1111 ....1J1 . M1-!~ ~" ,. . .
"'I III. In m. --- -- _......' -.
.~~IIII1.a~~~.~_-..,'. l!f'II-
~.i. ~-~ ,Jf~=~.- ,':::-1:.
.~ ~_.
..
1~'.1,~ '>- ~ ( ~')U"'" ~"\.\r~f ~ '
..~_..... "'1.- ~"I ~[~ft latltlr.!11 I' 4 ..~..
1IiIIIIIiiII- ."., JII-'''' .Mlllilll!A:III_. IIIJ& .
.-
. .............i_...d....AtDL.. 'T ,6., b...,_,.,
ij,.
~ wIiIIdlill-' I il!l1IMIIIIii
.-
-"~"II,"'.' '. ~ . a.'" ......~ _.JWB-- . 'b.. ~ i.m.. -'"-1ltJ)
iIMI MtIIl_~ _- ~. EwE ....,JL __i.lM_" ~ - ~ T = I ~.....
ZL ----.......
M.~~_LMIL4~__Plli..JWdi~~I-bill.~L6......_...-,_
a _.... 'ft4~III~.__...rtl1b ... ..... "..,.1JIIII..~-1'.LJI___ -. ,'.
I- ..... ..."? - -...... ~ ..... .......... ... -..... ... . ................. ~ lit
........ .......... I ~ II Ill! _ NI II! ~ "l!II"II!IIlI "I!!!!I!III'"I IIIIIIJl !'MIl....... II ~ ilJllllllII.... . _ 'B!!' ,........,. ~
. .
----- -'rIII!
_Ii ICII
Item # i
'I
'I
.
.: r
t
I!I
"I
.
II
"
.I1~~ -: =~1'>,J r, ,... P ~~
till
"~"MI
II _ _-. I~
lIIlIIIrIIt " III!
. .....L -1111I
__. IL_.
rll..liL_ ~ ~ -- _.. Ii' ." III II...... ...._ III .. ~. .. bALAw ~.
~ - itllr ItiIIJ .. _ __ A~ III ,,A..... ~_A lI~tIf'tIIJ
11III_" ~ ~ .. 4ftwI..... 11M..
IIlIIiIIIfI!I --.. .IIU'R
IiW . -111B11f111 ~~
II ~ ...~~ _~! .,.,.
1....Jh.-.Ct-.. ~'d1~ - _II ~
lIIriI...ll.... ~
Jh. --....' Iw..~:~ 1IL1- ~~ __III..~:; -4 _
.-.. .........- - It 11IiI.~_' I '. ......
......1..--.. III, .. ..."............. ,.II. II..-
-........... .........1 'if' ....,...,....,... . .....
.. _..I....., ,.... ..._ 'W - I .
..~~ ...... .. -.QIi.....fIl(j-1 '" t.1""",'."'" r~_.~ \". "" ."'-_ '.W _.LlJ~ ~~\:
Pt~ .. -AIIL - .llIIIlliI!iIII1lJf1" In!_..-_.__ '!!!I'.~IIf''''' __..... ~ J __ ttrB . ,
_~~IJIUI&
BIll
- lfIIII
(ij
_n~m. .".
.,..
Item # 7
'I
.
.-m _
_. - ~ I
n.IIIlliI4t..r.", ~
Attachment number 1
Page 8 of 29
I- ---.......-"iI_____~I--
nil '. .I
..
__, ~ '10..11...-...
~~
- ...__ - ~ . O. 1- __-......,M ...
.... ..~ ~L~
11'1I II- ~ - - __~..... "'~
~tIW.
, _.
~.. ,.I
IIIf:dTAW-.1III i~.f.::-~ 1
~...A ' ..... .._
1:1II-- -. 11I'_ .,- V IlJtJ 1M MMlAwlllIJI. .
~ _. iii111114~-J II1BW IilIIII m, d.iL ~ -......
';:ill!4~~~::l~~;.,~tt
p;IW ...,.qJ
.
..
Ilk-
&!R - ,_~-aB III'" ..
--or ' ~~.
1111
~ '~.-'"
~ ~ .-&iII
.".Ib-
h1.1>lI~ -~.w.
I
~ ,.,...... .lIIIlBtIlpr~_ ,.~ 1II'1J~".ill - -~
"110
L r)I..__tIIIAl - '.-411-..--, ,- .1I11R1_.....1( . ..--..~
(i 1. - -- .rt... iIA... - I'
,..... IJIIIII_ gj.- "~AwiW ....1lIII.IJ tr ,AdII11!111F .,,...11. ....J~ ffi'. II! Ill'll
..... - ....-Il-IIiI......." t!.r...
~- -~ -II I MI\..~_ .......\W~t,~ U.I"-'
-~~.... .
Ll._' ...N.....-~ ill
&111[1_. lJa L. III AiI!III!: j (I
"fr1t/lII~ . ""Ied.,-.IL II!~ ..
__... -- ~~- 1 -iii..." - A.J- ~'-IIII _ - ..All....... IiIIiII.
~ ~I ~ v~ ftBlliIIIiiiIi- llillllt __ .......1 .......'" IIIinIii ~ ~-- II ~ ~,".,
....~..- II.-----~
_ _,~ _'ADI!I .....-.I!!III""I" -,-.' .
-.--11I"
JI9' .,.
Item # 7
1'1
.
I I'
Attachment number 1
Page 9 of 29
..'....D ~1 1~~~^'~-:!~~1I..~.___....~~;;...
~
..., i _ _"1liIiid _ II.-..D.. "IIJIIlJI _~ 1'I.!iil' JiI ~
'-1iIIIIIIl
L ~....
........ ~
NIiiifIJjf ..
BI 1,111I ..
81-& ..
11- .
. _.' ~QIM-
.......
..
--
a.._"l"I.... _~ ';a'
'II
/
ill
~.....-""""--
ifili IIJOt
Item tf 7
'I
'I
r
.,.--- . ..
..
Attachment number 1
Page 10 of 29
r
~
l'
w...-. 1d-IiIJI-"" !_~,~.. 1 ~..~ I I.!IIIIIIIIIIL
FllnL~It.~,;;:"'lr""k"""'_pi1~ 1'I'VY..,."lq"~~T,_iR~~.h.,_
~-=e"-'"- .........IIIIiIIII'..1II --~ Il"~_"'IIIIV"~-Ir.
.' p-.... : ill.... _. ~pY"~-_..-... ~ _.M ItI~~'~qY.--l .....=. .... -"'--~ IitiaDf18
~...,.,.rt. !- ". -....~.~. ~=-~__,..---~.-~_... Rill
IIII~I~~~_- r"H'~ . . II .
rM\.
~
~~..... ~.__~-iil'~~_IIVI. LoJ.,.. ~'-.~ If;
AA ...-11........... p1111~1 ......-- ...... ....
1'11I ='= IIIIIIIR ~ iii -IU. 'I 1IlIIlfIIII-: ~ 11II11III ...
,- .iii.... ..., .. .., lIII . III _..Ii II .. L..A __ IIiI
'11II&
~::a~IIUIII_I'D' ~ ~~ wIIII.-RllII- "'-"'~"'1IIIIII1IfII ..
- - _,J.~P\. .... --- .....~
c.
~ . .--' !ill. 1IIf" .. .... II .. _~'fT _ ~ _ All 11III .. ~ _iii '........ ~. Ii!t1 .. 'bIIII ~
A, _Il.~..,,.. ,b." If.. ~ .__a pftIlI iIIlI.4 __ 'fIQCIG1Ilil._ ,- D 11_.1
-- 111II11'IIII_ II .'....., ....lIiII.1I 11II --if ~. -"" ...., -~ "'". lIB .
.... d~__--I~",,~~-_" .')'1 ~
iii
~)
,,-ii.M8Il
_1I1IIIfII
IteRl # 7
'I
r
lIIRIlJgJJM
_~11I1J
Item # 7
r
r
. III R III III Attach~nt number 1
Page 2 of 29
.. .. .. I"
--
... .... !I .. . ... Ij
-- -- IlIII. ~- AI .. -.
-- \- ~ ~- . .. .. IIiI . II
....1 r , ~ .... '" - . - .. ~ .. II .. !IIi
... IlL. -A 11.-1,-- __ . ~ . .. I.Il -
-- . D'_ 1- ~.... . ~. - II . ..
,~ '" "io
... - . - . It ill .. . .
-- ~ . .. " - II .. -
... --- .- H~ ,. II III II . -
-- 1IIlil:il.IIIIi. .-"""-"-............ UIIIIIJ .. II .. III . ...
I'tIlttI r Ii' ,1111, . ~. .. -II ~ - II lID lIIIi
. ... .
... 1..- - . .. . .. . -
~ ~~ ... Hfj . II - II III -
-- .. II II III . .
~ - -.,..... '" . - - II III - II ... -
.: A~
... ~.' -4"'.- II II . III . ..
'"
III .
-- ~,.I---~J II II II III III -
.., ~.... 111 .. . .. . ..
~ ft.... '" "L.M - ~ .- .. . ~ . -
-- a~) II II .. .. . -
-- - IifI it .. 11II' . .
.,. ."" __B ~ t!III "III ..- . II ~ -
~ IIIL...- - '1!I!iII._ II .' ., .. . -
... Oil - - IDd:
_i2l1fB1
Item # 7 .
..
..
.
.
I l"
I. .. . .. . AttachRt number 1
-. Page 1 of 29
.... .. ... ..
...... ....
.... ..... IIJL ... .- "
-. ~ .., In ... "Iiiriii-' aa
-- ___IIa.,1I II II . .. II II .
... ... RIIiIdi--" II . III, II III III
... .~~- . . . ,. . .
~ .1- .. .. - ... .. .. III ... ..
,~
-- ..11 -'-~ .- ~ .-a II .. ...
-- ,- II mil_ - *'- .. '11 .... ....
t8IdIt rM~1ir .,. ..... :IBIL ". IUIII IIIfI!&
-- IlL'" "'1" -- .. .. ... JfI .. ...
w
.., IIiIIIIIlI II . ." II II ..
...... ~_~,lk TIL Ii . ... .. It "
~ - - ,.,.-- a III .. - III II .
~ iE' _ ...... . s'_ II . - II II -
... !....... *- *' . *' . II
.. ~ _.,:. ... till - III .. -
... =-'.~ -<II" ?~ II . 11& . II ..
... ~AJ- -.. .... Il .' . .. II II .'
."'1JIIfIIItlI
Ilr - . ~. "'LiBt . . '" .. .. '"
1& T r~ .. - 1;-" - .. tIE - !PI- .. -
l.II'? ..... .. ~1IiIII .11 . .. . II .
....
, III II
IL IlllAr --~'-~_ 11& . .. III
- ._ _-4M .. . '. .. .. .. -
.:
~..
IIIpIl ...
Item # 7
~
.
r
I I'
n- .11I III III :. AttachRl number 1 1
Page f29
.. .. ... ... I .
__a_
,.. PlmL II .. . JIll! ..
.... ...... ... ,"I~ _11'- ..
IIr "1I~1Mi . .. . III .. .
1& XMJL'1\.L I.... .. " .. .. . .fill
.... Th. n_~. -~ ~ ..,. ... " "P'-L rT ..
'Mil fflLl!!IIIlIh." . __ .- Ilfn ...... I '4IIfj IftIIW IJIIIIt '.
"i
"I"
"I
UfM1 --
_24....._
Item # 7
"
r
iI
- - IIIi -
. . ..
- -. 11II
~ --. ..
3tJ.~
I i - _'
r--I.
~
~ . ~"",R1' _f
- - .a-..,III .
. r
.-.1;
Attachment number 1
Page 15 of 29
. -..1'1....-_ ~ --... 11I'-.1..1 - '
...,.-..~, _rl"e~ ...... .
In IJiL... ..
.... - - - I. .w, - ''B '~ -..~I.:r!IJ
.... = ... '=
II" .. .
- ..... ... a- lii- .. ;lIB
..
'"
.... .... .... :tItiM ... .. ~-
..
., ..
.. .... . ~ II1'It ..,. ~
.-
.
MI .,. .. .. it . ....
.
.
11M .... .. ilMIJJ ,. .. ~
rr - ~.~ - -!If ...1IIIIl
.. R'.
III
.
.:
TfijM
--
.. --
IIt8
IMaW ..
.!I
..
-~
Item # 7
Ii
"
"
,..~
~.
--
--
iI"- n 11.11 ....
, ~ ..,.,.
.. r
I
fII1IIII ~
Attachment number 1
Page 16 of 29
~_ _n- FaK"I~
1IIllAIII....
iII,I_.'....
I
..
]-"'1 .~ ___'
.--~:_---
___ -L,- . ~
· ..1 i- .
-
IIIl.aJ .. ~ m -..
...
lUll
.-. ~
III
~
...
J!
..
~
'I
--
d
...
- ....
..,
~)
ill
....at
Item # 7
"
.
.
...
_II --',11111
--
...
--
:...---au
!Ih.-.~.
11I11Io. -..
~... ..
~ ~ II
. - .
--
l:~~"
. r
..-....
1JiII-wl
~mber1
!It!!!!'!I-I-
-
-
~
411II
. - .. _ 1II11i1111l1-
~_PM1
~
8Ii
.
Wi
==-
IJIIIIL
.~
lilt 1HlftI
Item # 7
",\
;s
-. ...
- --..-
i"
.'1 -..--.. __.r_. .MIl'
_ -S. _
If -.._
~r -'.1 .
II I...., ~--.._u U,mber 1
.. ""I_r ~
- -
I
~
--
~ _.d- ,~IJ.I1ftI!I'" ~A_..
.
IlIUM
--
--
...
--
--
:'~-~~AIdlMl
III<J~ ., "I ~,
r-'--'O
"I~ 1L1I1'.
n
"lUll ti ...... --..
.... ~4L..
...... ~
iiiiIi" . -'III
. ~- ..
1M
'~-I!"""'''I&~'~'~-- -'"~.j I 111 J~. ,,- . Ji.
~
.-2 - IL-'-~ 'S"
-II
.
"'"'1i' - ~ .- - -.. ·
...
.
IIIiIII ~- A-.I.LI 111 ~
J4IIl
..
-,r," ~--y. ~ -
4fIl
.
,.._~ - '\, ...-,. --
11M
.
"Ii. t- .A. m 11
..
..
~\.- - '\. ,. ....
.... '"
II'
"II~
. I
...
RII
..
II
1'1
.
Item # 7
"
'I
I r
"
Attachment'flumber 1
- --=-;; PRJJ9 O~9
-
_1"II!Ift.1. ".IL_ _
-
-- - ,,-AIL In. ElL ~ III
"'U - t. UII - - II
lIIIIl
-- (-- _J . ..
[JM. "- AJ TJ Lr, .
...
-- -- - - - .. III
lit] -\.~-- --
..
-- 'i ~ - --. III . ....
-
-~ Ii. .. \. ..- ~ --
-
..
-- ~~~-lIl.~ . -
.... ~ I .m 1
r-.
4iI
... - . - r - - . -
ill 11I1 ~
,~ -y-- --
...
~ . C. LII . -- ta.. I . '.
",."....... >h.~= - -- I
..
... ~ .' ..
I
I!L' ,~ ~) J- ~
.
411
11. III ...........11I:
....It.atJ
Item # 7
. r
'I
.. r
.,
Attachment number 1
----_.~ .. ~~ '8JI ~1iIJII PiiJtj9 _
L _~__I__ -.-1- I -
-~-.. - ...- -' ...~,~.M"'=~ liE
..., . - -. - -"'11 .. ..
'-L' A-.J ' ..
.
...
-.- I . ~ "1iI1 rill -
~...~~
...... - ~ -- ,. -
....
-- ill . ....
~~JM".lJj
...
-- .... - . III,
IIIIIIlII , HI ---
-III!
.. "" ~"U' ~, - ~ ..
-
iii..- . I~ ..
......-- ~ 1i1-~ ,. ~
. ..
....
~ *' II
II
..... -
....
... - - -. ........... .. ..
-- .....
,....... - - -. .- .
-
...
!AWl !:'.~-~~ . I .. ..
IUJIu-" \, ".- . .-
l4Itl
..--- ""\M
--'lIB
Item # 7
..
. I"
'\I
I"
.iii Ilt.hl
.Ii __I
-- ,
-J11~_
... r'IJ -_.,~ , ..... :-
- -
.V -- ~ .-- -- .
...
-- ....... *' .
-r '11 ~ ~ L~"-~
- . ~
...
... ..- - -1-- .. -
_........,11I -..- --
..
.,. r -- - ~ ....
.. '\.- 1- '~ .,-- -- 1\1
..
~ 1.- . .-
In m ~7, M m _ -A,
...
iIBIIf. - . - - - ......,.... .' ,.
lI!
...... - ~-,. '-i
....
~ r .. ~! DiIiIIII .. II
....- ~"IH '. -
,...,
-- ~N-IL III -
- '-~~.~1I1 . '\-.
-III
: .
.
-- ,-all
-y"-11i12i
Item # 7
III
. I"
'\I
.~
--
--
--
--
--
'NL
-.:
IfllIWT ..
....,. .- &.1.
11IIIII11pj111
....1IlJl. .AI ..
.. ~
ill
.. ~ _ D
"", - "
...
III.W.LI- 'v gln_ t
....
............. D W_
....
'----
- .-
II'
II
-
..
.
"io
lIB
III!
.,---. - .-
!--- ,(- ~ r=... r- .. -.... m.liIItI ~ ... ~. AII'8 - .~~
, - IIIIIIIIIIIIIJ"-- --,- J~ I!!!! 1II'IImII_ ..........1iIIIIIIIt - D'
I I"Ial
___< I' '-
--
I
~i~=-"",d'. .-~
- ~ 11I.....--1...__
.... . --. - -.miIR~
a - IiItIirJd II- .II""""
~~-=--~
11-' '~A." L~J1 [ill
----II ~
.-
II!
- .-...
.~~ _ -,,'r"-IL,.~~
1111 II... .... _It. -A .I. "'
~
....
tIBI
.:::
.LI-=~
. !II- .
....
..
--.<tor-
II IL_ . fa. - _It 4\.........." .,..
W_' "-, E ._>......... "-\u'1I -
"V - y-- --
....-~
l!.p a2l111>>
III
Item # 7
"
..
!!"
tt'P"I""_ ,rlNI
BtII
IIIPII
--
...
~
...
iMi--~ Milt.
-
-
FilII.......
~.. ~-
~ .
~
... .&JIlL. - II)...
!!l
w. . Ill' .I("
.- "-I~
-- .-^-...... ....-...oM ~
-- -.,.
~A_ fR"__i1:r-
. - -~~~~.-i-:-
-
NIIId ...1IIIIi
JijjJ. ._~
1IIIJlIIIJ... &-
--
~
.,- I
riiIiIII
.....- - -- ~ --
.......
10m ~ r'" - J "-~ Mh..11
....1
- -J"'- '\. - ---- ,. -l
...
--2' - VI - -- I
1M
'II ~~~ - ... - -I\~'I
...
,.
-.....
..
-.-_i
11II. II"
--
{' I"
~mber1
j..... --
..
== 1Z."
- . . - ~:I~
...
III
"
"
II
. I"
..-.wi
II
IIM1
. -
iIJ.
-
Item # 7
'I
QIIlfL -.-- I-: .. ~mber1
Ir .........
...... IIIIJl -'-, .' -~ -
-,-" .- -
.. I,r _ _ ,'. r. . III II
IIW~ ~ ~- ~ ~ ~t..,
-
~
oil
-- 11I1 . . .,- . .
.....1- ~ - ,m
"io
....
.... .. ~l.Q' .J.I . -
ifIIJjfIII .'
~-' - l, -... m _ _
.... III
-- .. II -
- ~-' ~- 'L m ...- _ m
IIJIII'
1.IIf,_' L llim. ~- -. III -
.....
~ - 'LillIE E'_
....
~ - . I ,~ .,.. tel .
--- - - ill.- _ m
- - -
III
..
ill
Lnll 'MIIIIlI1fJ "-4 - - IdItIJJ II -
E
I' i- ."'
...
LIlT rBI( ....-0'1 - - --"'- -1.IIIIIl ~ -
it
.V -.- ~ ~_ E -111
...
~
-,...
Item # 7
'I
..
~
'"
IID:JIUJINl
LllTi'loI.II.!IiIIIII
~~
~
1Il:a_iI
-.-
~-
ifIIIIIII u
LIIIIl-
. rIil-_
"..- , ....---
\*I
III
I'
..
....
Attachment number 1
~.
-~
fI
.,.~-- --
11M
.
..
.....J r ~ = y. '~
..
"
IIfI1iIIIII BIIIfIIIII - - -
....
..
III
~
.....1eI 'fih!I
'I
..
-
-
Item # 7
..
!o
- ...... 'M - t...,
d --
n..1'IMI
'MI1l1L _ rill -
1WII11 .~IIIIIli.~
.... --
'111II'_ ~ = -
.,.,..~
- ...--'
Hi.'~ SlIlX
. '. _ i _ '. '
........ 3
~==D.
II
"_I
It, ~ II
.
'.
,
:,.. .....
Item # 7
..
..
. r
''Ii
· - "1 -~ Rill
III ~ .... P1 -
-
1II)r~
A..
,,----
11
-~
....1.... - .. "r- -......
..:. fB"I- f "'J. ~
III ... < ~_ .
-- --- -"lB
......... .
--
II
~
J! ",lllP CIJ
-
..
r
I r
Attachment number 1
Page 27 of 29
---
~ "~.-
~ _,,- .,1._
'11IM .. '~,--.
..
1tem # 7
.
ill
.... .-BAII
II'
'II
Attachment number 1
Page 28 of 29
f!ND or PROGRAM ~ POll
~.. c-rarYGutItGU
!II
III
~
.!
...... DfBI
Item # 7
Ii
=-
..
'Ii
,.I
""___-.1 _I
...-- -III
Attachment number 1
Page 29 of 29
I I
I
hAm I _IP"II I Al4JIJ1~_" ___..,.... IIfn.J',.,_ _.~ II CtlrIH1I1'. ~..rv4" r.
PJ- ~ 111111 ~ llL . ._.-..1IIIlIIIrI
r..,dh_ - -..
-" .- T _IJI--..a'
.... I~."
-.. - lILlii' ~ dDtii
.- ~ .JIII
-- - -l~~ -. . JIM]
"io
- iIII ~
__. -. ,. -till
.. ~..j.\ ,~--
FVIlI-'" __
......., ..
_1~aa
-~..
IIIai! tlw1llla
."..
~ ...
I - . *Ia
-
.= .. ...
~--, .. ..
1faIII1l1l. ..
...-
_II. HIll
IIIIIei 111. alii
--..
~.. :JIitIiI
'I - '-1l.""
-
~ ,. -11w--
.
tIDtI~.i....- -. -AelRIIlI'IJ , ~ ~~~ IIIIItItIIFL..A..~. I r ...~ ~ - III
.., .. .dl4I....11t1i1itr .............~- - "''''~!III. - .11' .... iIIlItIa.
QR I far- do -!f& -' . . olio,1tIdIfi t.1 tJt" N i.. Wi lIIr.ilItI EiXI ...... IIIiII -.". 'tI!I ,.. - - ..
,." -A~"~' .
I!j
1"'-:
atjlill.- .....,AlI[
-~..
II
.
Item # 7
,
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend numerous sections of Chapter 22 of the City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation and
pass Ordinance 8007-08 on first reading.
SUMMARY:
The Code of Ordinances Chapter 22 regulating Parks, Beaches and Recreation was last amended on January 20, 2005 when Section
22.24 was amended by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently
posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a
permit to be issued by the Department or the City Manger. It also amended Section 22.33 deleting reference to park hours due to a
revision of applicable hours at Courtney Campbell Recreation Area.
Other than this change Chapter 22 has remained basically the same for the past 25 years and served the City and citizens well. However,
due to the longevity of these rules an update of several of the sections are needed to address some of the new issues law enforcement
and Parks and Recreation staff are currently facing. For the safety and welfare of the public, staff is recommending that the ordinance
needs to be amended as follows:
Section 22.21 Definitions:
Clarification of the definition of "Public Nudity" as defined in Chapter 21.
Clarification of definition of "Person".
Section 22.24 Authority to regulate beaches, park property, and the Courtney Campbell Recreation Area:
Corrected park hours at several parks.
Added language to protect park property and facilities from persons parking vehicles on park property and leaving the premises or
parking and then not using the facility as intended.
Section 22.28 Protection and preservation of property:
Added language to protect not only park buildings but also other park facilities. . Added language to allow for metal detectors
at parks by permit only.
Added a new paragraph to preserve and protect archaeological and historic sites found on parks.
Prohibit persons from using water from water fountains, hose bibs and sinks for bathing.
Added a paragraph to strengthen the protection of wooden structures and trees from persons using nails, tacks and staples.
Section 22.29 Refuse and trash:
Strengthened this section to prohibit persons from bringing trash from off site and depositing in City trash containers.
Section 22.31. Protection and preservation of wildlife:
Strengthened section by adding new paragraph to prohibit persons from feeding or petting any feral or wild animal on park
property.
Section 22.33. Bathing and swimming areas and the Courtney Campbell Recreation Area:
Added a paragraph to protect lifeguard stand, station and equipment from public use.
Added a paragraph to prohibit persons from washing their pets in swimming areas and/or other public waters.
Section 22.35. Fishing
Strengthened this section by adding paragraph that fishing will be in accordance with the State Fish and Wildlife Conservation
Commission and the State Department of Environmental Protection rules and regulations.
Prohibited use of cast nets for fishing in fresh water.
Added paragraph requiring persons to dispose of unwanted fish in appropriate receptacles.
Prohibited fishing from and into public bathing and swimming areas. Cover Memo
Section 22.40. Domestic animals:
Added a paragraph to allow dogs off leash at Crest Lake Dog Park and Enterprise Dog Park
Reworded a paragraph relating to the removal of pet defecation on park property.
Item # 8
Section 22.46. Parking:
Added paragraph to prohibit person from parking a vehicle in a "no parking" zone or restricted use zone on park property.
Section 22.49. Organized activities or potentially dangerous games:
Added language to include the use of wheeled device like a skateboard, roller skates and in-line skates except in the areas set
aside for that purpose.
Added paragraph to clarify and prohibit persons from trespassing on athletic fields that have been posted by permit only without a
valid permit.
Section 22.53. Merchandising, vending, peddling:
Included the words "food or drink of any kind" as items that cannot be sold or merchandised on park and beach properties.
Section 22.61. Trails:
Added an entirely new section to address some of the needs of the new recreational trails within the parks system. Specific new
paragraphs address the following:
Addresses what vehicles can be used on the trail system.
Addresses the speed at which persons should use when on the trail.
Addresses the manner in which a person should use on the trail.
Defined the word travel on the trail.
Addresses following traffic rules and control devices while on the trail.
The amending of this Ordinance will provide for a tool that can be used by City law enforcement officers to more effectively patrol City
parks and enforce the rules and regulations at each park.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 13
ORDINANCE NO. 8007-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING
GENERALLY CHAPTER 22, PARKS, BEACHES,
RECREATION; CLARIFYING DEFINITIONS, MODIFYING
PARK HOURS, AND UPDATING THE REGULATION OF
BEACHES, PARK PROPERTY AND THE COURTNEY
CAMPBELL CAUSEWAY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Code of Ordinances currently empowers the city manager to
regulate the time, place and manner in which City park property is to be used and
enjoyed by the public; and
WHEREAS, it is beneficial and necessary to amend Code of Ordinance
regulations from time to time in the interest of the public health, safety and welfare and
for the preservation of public property; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
* * *
Article II. Use Regulations*
Section 22.21. Definitions
* * *
Person shall be understood, as employed herein, to mean any individual reqardless of
aqe or sex, or any corporation, company, association, firm, partnership, club, society, or
any association of person, or any aqent or employee thereof.
* * *
Public Nuditv shall be defined as set out in Chapter 21, Offenses, of this Code, as may
be amended from time to time.
Ordinance tJ!emuri#l~
Attachment number 1
Page 2 of 13
* * *
Sec. 22.24. Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area.
(1) The city manager is empowered in the exercise of the city manager's discretion to
regulate the time, place and manner in which the public beaches, park property of the
city, and the Courtney Campbell Recreation Area, or any portion thereof, are to be used
and enjoyed by the public and to authorize the posting of signs regulating public use. In
so doing, the city manager is to give due regard to the safety facilities available thereat,
the preservation of public property, the number of persons who can be safely protected
and safeguarded at the particular location, and the health and welfare of the public
using and wishing to use such facilities. The directions of the city manager given
pursuant to the authority contained in this section are declared to have the effect of law
and shall be enforced by the police officers of the city.
(2) The hours of operation for each city park, as may be amended from time to time,
are as follows:
NO. SITE NAME
1. CLOSED FROM SUNSET UNTIL SUNRISE:
1 ALLEN'S CREEK PARK
2 ALLIGATOR LAKE
3 BAY PARK ON SAND KEY
4 MYRON A. SMITH BAYVIEW PARK
5 CEDAR GROVES
6 CHARLES PARK
7 CHARTER OAKS
8 LAKE CHAUTAUGUA CHAUTAUQUA PARK
9 CH/\UTAUGUA CHAUTAUQUA PARK NORTH (Enterprise Rd.)
10 CHAUTAUQUA PARK SOUTH
11 CLIFF STEPHENS PARK
12 COOPERS BAYOU PARK
13 COUNTRY HOLLOW PARK
14 CYPRESS BEND PARK
15 CYPRESS POINT PARK
Ordinance tJ!emuri#l~
Attachment number 1
Page 3 of 13
16 D.D. DAVIS PARK
17 DREW PLAZA
18 GARDEN AVENUE PARK
19 GLEN OAKS PARK
20 GLENWOOD PARK
21 HARDING PLAZA
22 HIBISCUS LAKE
23 HILLCREST PARK
24 LAKE HOBART SOUTH
25 LAKE LUCILLE
26 NORTHEAST COACHMAN PARK
27 NORTHWOOD PARK
28 OVERBROOK PARK
29 SALLS LAKE 1 & 2
30 SOULE ROAD PARK
31 SPRING LAKE PARK
32 STATE STREET PARK
33 SUNSET POINT ROAD PLA YFIELD
34 TERRACE LAKE
35 TOWN PLACE PARK
36 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND
37 CHERRY HARRIS PARK
2. CLOSED FROM 9:00 PM UNTIL 6:00 AM:
Jg BAYFRONT TENNIS COMPLEX
J9 38 COACHMAN PARK
4G 39 COURTNEY CAMPBELL RECREATION AREA
44- 40 COUNTRYSIDE LIBRARY PLAYGROUND
~ 41 MAGNOLIA STREET DOCK
4J 42 MEMORIAL PARKS 1 & 2
44- MOCCASIN LAKE NATURE PARK
Ordinance tJ!emuri#l~
Attachment number 1
Page 4 of 13
43 MORNINGSIDE RECREATION COMPLEX
44 NO. GREENWOOD REC. & AQUATIC COMPLEX
45 PROSPECT LAKE PARK
46 ROSS NORTON COMPLEX & ED WRIGHT PARK
4e 47 STATION SQUARE PARK
4+ 48 TURNER STREET DOCK
-
49 WOOD VALLEY RECREATION CENTER
3. CLOSED FROM 10:00 PM UNTIL 6:00 AM:
50 BAYFRONT TENNIS COMPLEX
4ij 51 BELMONT PARK
49 52 CLW. BEACH FAMILY AQUATIC & REC. CMPLX.
W 53 COACHMAN RIDGE PARK
~ 54 COUNTRYSIDE COMMUNITY PARK
-
~ 55 DEL ORO PARK (Trail: Sunrise to Sunset)
-
ad- 56 FRANK TACK PARK
M- KINGS HIGH'NAY RECREATION CENTER
~ LA'NN BO\NLS & SHUFFLEBOARD COMPLEX
Be 57 MARYMONT PARK
fH- 58 MONTCLAIR PARK
W MORNINGS IDE RECREATION COMPLEX
W NO. GREEN'.^JOOD REC. & AQUATIC COMPLEX
9G 59 PLAZA PARK
94- ROSS NORTON COMPLEX & ED '.^JRIGHT PARK
~ 60 SID L1CKTON PARK & FRED COURNOYER CT.
eJ 61 SUNSET SAM PARK AT ISLAND ESTATES
94- 62 U.S. 19 SOCCER PRACTICE FIELDS
~ 63 VALENCIA PARK
4. CLOSED FROM 11 :00 PM UNTIL 6:00 AM:
ee 64 CREST LAKE PARK
e+ 65 EDGEWATER DRIVE PARK
-
Ordinance tJ!emuri#l~
Attachment number 1
Page 5 of 13
eg... 66 FOREST RUN PARK
99 HENRY L. MCMULLEN TENNIS COMPLEX
+G 67 JOE DIMAGGIO COMPLEX
+4- 68 LONG CENTER
+2: 69 MANDALA Y PARK
~ 70 McKAY PLAYFIELD
+4- 71 PIER 60 PARK
-
+fr WOOD VALLEY RECREATION CENTER
+e 72 WOODGATE PARK
5. OPEN 24 HOURS PER DAY:
++ 73 CLEARWATER BEACH
+.g 74 MEMORIAL CAUSEWAY
+9 75 SAND KEY BAYSIDE PARK
-
00 76 SEMINOLE DOCKS
6. OPEN FOR SCHEDULED PROGRAMMING ONLY:
~ 77 CARPENTER FIELD
-
~ 78 COOPERS POINT NATURE PARK
gJ 79 COUNTRYSIDE SPORTS COMPLEX
M 80 DAVID MARTIN SOCCER FIELDS
~ 81 E. C. MOORE COMPLEX (1-+~)
00- E. C. MOORE FIELDS 8 & 9
~ GLEN OAKS SOCCER FIELDS
82 HENRY L. MCMULLEN TENNIS COMPLEX
83 LAWN BOWLS & SHUFFLEBOARD COMPLEX
gg 84 MISSOURI AVE. (DOT)
85 MOCCASIN LAKE NATURE PARK
00 86 PHILLIP JONES PARK
- CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation
established by Lessee):
00 87 BRIGHTHOUSE NETWORK FIELD
94- 88 CHI-CHI RODRIGUEZ GOLF COURSE
Ordinance tJ!emuri#l~
Attachment number 1
Page 6 of 13
~ 89 CLEARWATER COUNTRY CLUB
9J 90 CLEARWATER EXECUTIVE GOLF COURSE
94 91 HARBORVIEW CENTER
9B- 92 HOl T AVE. PROPERTY
00 93 JACK RUSSEll STADIUM
94 KINGS HIGHWAY RECREATION CENTER
9+ 95 MARTIN lUTHER KING RECREATION CENTER
00- 96 PERFORMING ART CENTER & THEATER (PACT)
00 97 SAILING CENTER
-
(1) Each city park shall have at least one prominently posted sign that states the hours
of operation for that park.
(2) No person shall enter or remain upon park property at any time during which the
park is closed except by permit issued by the department or unless permission has
been given by the department or city manager.
(3) The City Manaqer or his or her desiqnee retain the riqht to prohibit a party from
parkinq a vehicle in an area desiqnated for parkinq or upon any other park property if
said party does not remain on the park property and such parkinq inhibits or prevents
others from parkinq at the park facility in order to use the facility as intended.
* * *
Sec. 22.28. Protection and preservation of property.
(1) Regulation of conduct with respect to protection of park property to prevent
damage, removal or destruction is necessary to preserve park and recreation areas for
the use of future generations.
(2) As all property in all parks is city property, no unauthorized person shall willfully
mark, write on, draw on or otherwise deface, damaqe or injure in any way, or displace,
remove, destroy or tamper with any park building or facility or any part of the park
qrounds includinq, but not limited to, building material, water lines or other public utilities
or parts of appurtenances thereof, park signs, notices or other boundary markers, or
other structures, equipment, facilities or park property or appurtenances whatsoever,
either real or personal.
(3) No unauthorized person shall transplant or remove from any park area or public
beach any sand whether submerged or not or any soil, rock, stones, trees, shrubs,
plants, seeds, flowers, fruits, nuts, down timber or other wood materials; make any
search or excavation by tool, equipment, blasting or other means or agency; construct
Ordinance tJ!emuri#l~
Attachment number 1
Page 7 of 13
or erect any buildings or structures of whatever kind whether permanent or temporary in
character; or run or string any public service utility into, upon or across such lands.
Exceptions shall be permitted for minor excavations involving the recovery of lost
artifacts on the public beaches or public parks, provided such minor excavations are
immediately refilled and no safety hazards to the public are created. Metal detectors
are allowed by obtaininq a permit from the Parks and Recreation Department.
(4) Preservation of archaeoloqical and historic sites: no person shall excavate, disturb
or remove any historic or prehistoric cultural artifacts, nor any bones, shells, or
qeoloqical specimens on land owned or manaqed by the City, except as part of an
authorized and desiqnated study for scientific, documentation or research purposes,
and only with written permission from the City Manaqer or their desiqnee. Scientific
evaluation excavation of any desiqnated or non-desiqnated archaeoloqical site may not
be conducted without a state perm it.
J..Q2 (4j Trees, shrubbery and lawns are property assets of the park. No unauthorized
person shall cut, carve or injure the bark, break off limbs or branches of trees or mutilate
trees in any way or pick the flowers, fruits, seeds or nuts of any tree or plant. No person
shall dig in or otherwise disturb the grass areas or in any other way injure or impair the
natural beauty of usefulness of any area. No person shall pile debris or material of any
kind on or about any tree or plant or attach any item that could result in damage to any
tree or plant, whether temporary or permanent in character or use.
ili.l (~ No person shall tie any animals to any tree or plant.
ill (ej No person shall stand or sit on any structure not intended for such use in any
park.
(8) No person shall use tacks, nails, staples or other items that penetrate wood on
shelters, siqns, trees, etc.
(9) No person shall use water from park water fountains, hose bibs and sinks in
restrooms for the purpose of bathinq. Bathinq is allowed only in specific bathhouses set
aside for such purposes.
Section 22.29. Refuse and trash.
No person shall deposit or drop or place any refuse including bottles, broken glass,
ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, tobacco products, containers
or foil upon the ground, park water, or in or on any other park property, parkway or other
area operated or maintained by the city except in the receptacle provided for trash
disposal. No person shall dispose of any paper, bottles, waste, qarbaqe, trash,
ciqarette butts, debris, or other litter of any kind on any City owned or operated park,
beach or recreation area except in proper receptacles and recyclable containers. Only
such paper, waste, qarbaqe, trash, debris or other litter as may have been created or
accumulated in the use of a park, beach or recreation area shall be disposed in such
Ordinance tJ!emuri#l~
Attachment number 1
Page 8 of 13
receptacles. If there are no such trash receptacles available, then refuse shall be
carried away from the park area by the ~ party to be properly disposed of
elsewhere where a receptacle is available.
* * *
Sec. 22.31. Protection and preservation of wildlife.
(1) No unauthorized person shall molest, harm, frighten, kill, net, trap, snare, hunt,
chase, shoot or throw or propel by any means missiles at any wildlife creature whether it
is mammal, aquatic or marine life or a bird or a reptile roaming free about the public
beach or park. No unauthorized person shall remove or possess in any public beach or
park the young of any wild animal or the nest or eggs of any reptile or bird or collect,
remove, or possess, give away, sell or offer to sell, buy or offer to buy or accept as a gift
any such specimen, dead or alive.
(2) No unauthorized person shall place, dump, abandon or leave any fish, mammal,
reptile, or bird, either wild or domestic, on a public beach or park property.
(3) No person shall feed any feral or wild animal or attempt to pet any wildlife on park
property.
Section 22.33. Bathing and swimming areas and the Courtney Campbell
Recreation Area.
(1) No person, regardless of age, sex or manner of dress shall swim, wade or bathe in
waters or waterways in any park other than at such places set aside for such activities.
(2) No person shall carry, transport, or cause to be transported any glassware, bottles
or any other potentially dangerous or sharp objects onto any portion of the Courtney
Campbell Recreation Area or onto any public beach, or into any bathing, wading, or
swimming pool areas of a public beach, a park, or the Courtney Campbell Recreation
Area.
(3) No person shall frequent any park waters or public bathing beach for the purpose of
swimming or bathing except between such hours of the day as shall be designated or
posted by the department for such purposes for each individual area.
(4) Persons using public beaches or the Courtney Campbell Recreation Area shall
obey all rules posted by marine department personnel and other rules affecting beach
use and water safety which are implemented as the situation dictates.
(5) Illegal drugs and all alcoholic beverages are prohibited on any public beach or on
any portion of the Courtney Campbell Recreation Area.
Ordinance tJ!emuri#l~
Attachment number 1
Page 9 of 13
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hard-surfaced
objects are not permitted to be beached on any public beach or to be operated within
safe bathing limits associated therewith unless authorized.
(A) Authorized area for skim boards and surf boards on Clearwater Public Beach are:
Eastern boundary coordinates: 27 degrees, 59 minutes, 06 seconds north latitude, 82
degrees, 49 minutes 44 seconds west longitude at the shoreline to approximately 153
yards north at 27 degrees, 59 minutes, 11 seconds north latitude, 82 degrees, 49
minutes, 44 seconds west. The western boundary coordinates are: 27 degrees, 59
minutes, 11 seconds north to 82 degrees, 49 minutes, 50 seconds west and 27
degrees, 59 minutes, 06 seconds north and 82 degrees, 49 minutes, 50 seconds west
longitude. This is an approximate 153 yard by 330 yard area extending from the mean
high water line of Clearwater Public Beach westward into the Gulf of Mexico 330 yards,
not to exceed the above coordinates.
(7) Open fires, grills, or other cooking or heating devices are not permitted on any
public beach.
(8) Public Beaches and the Courtney Campbell Recreation Area, as well as the
swimming areas associated therewith, may be closed to the public when, in the opinion
of the harbormaster, use of such areas is considered dangerous due to weather, surf or
other conditions.
(9) Persons using public bathing beaches or other parks must be appropriately dressed
for each activity. It shall be unlawful for any person to appear nude in public as defined
in Section 21.13 of this Code, as may be amended from time to time. Under no
circumstances shall a person be allowed to sunbathe or swim in the nude
(10) No person shall enter upon any erosion control structure, including breakwater,
jetties, or groin except as authorized.
(11) No unauthorized person shall enter or occupy or use in any manner any lifequard
stand or station, or other lifesavinq equipment at any time.
(12) No persons or pets shall wash or be washed, with soap or other cleaners, in any
swimminq area or any other public waters, includinq but not limited to beaches, storm
water, lakes or streams.
* * *
Section 22.35. Fishing.
(1) Fishinq will be in accordance with the State Fish and Wildlife Conservation
Commission and the State Department of Environmental Protection rules and
requlations.
Ordinance tJ!emuri#l~
Attachment number 1
Page 10 of 13
ill (4-j Commercial fishing or the buying or selling of fish caught in any park waters is
strictly forbidden.
.@l (~ The use of trotlines for fishing in park waters is forbidden and the use of cast
nets for fishinq in fresh water in parks is forbidden.
(3) Fishing is permitted in park areas but is prohibited from any public bathing beach or
within any safe bathing limits or restricted area associated therewith.
(4) Fishinq is permitted in all parks except those desiqnated with siqnaqe not allowinq
fishinq.
(5) Unwanted fish must be properly disposed of in trash receptacles and not left on
piers, catwalks or roads.
(6) No person shall at any time fish from beaches in any area where bathinq and
swimminq are permitted nor within any safe bathinq limits or restricted area associated
therewith.
* * *
Sec. 22.40. Domestic animals.
(1) Dogs and other pets shall be excluded from any place where food and drinks are
consumed or where posted.
(2) Other than as specifically provided for below, in -I-A those park areas where dogs and
other pets are allowed, the dogs shall at all times be restrained and on adequate
leashes, and all other pets shall be under constant physical control of a person.
(3) At Crest Lake and Enterprise Doq Parks only, there are areas desiqnated for doqs
off leash. Doqs in these desiqnated areas must be accompanied by their owner, be
under vocal control and not cause a public nuisance, safety hazard or harass wildlife.
ill (~ All pets shall be excluded from all public beaches, public pools, and swimming
areas abutting public beaches and parks.
(-1) The owners of animals or the persons having control over the animals shall remove
all excrement deposited by their animals on park property, public beaches, and the
Courtney Campbell Recreation Area.
(5) In the case of pet defecation on park property or Courtney Campbell Recreation
Area, the owner or person in charqe or in control of the pet shall remove all feces
deposited by such animal and dispose of same in a sanitary manner.
Ordinance tJ!emuri#l~
Attachment number 1
Page 11 of 13
ili.l (aj Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained
to provide assistance to an individual with a disability shall be permitted in all public
areas and public facilities. An individual with a disability utilizing such animals shall be
excluded from the requirement contained in subsection {4j @.2 if the individual is
physically incapable of removing the excrement deposited by the animal.
* * *
Sec. 22.46. Parking.
(1) No person shall park a vehicle any place on park property other than in the
designated areas or at designated times provided for that particular type of vehicle,
unless directed otherwise by law enforcement officers, department employees, or as
authorized.
(2) No person shall double park any vehicle at any time on any road or parkway or
parking concourse of park property, unless so directed by a law enforcement officer or
department employee.
(3) No person shall park or station any vehicle in any zone desiqnated and marked "no
parkinq" or otherwise marked for restricted use.
1.12 (~ No person shall park a vehicle overnight in any park unless authorized.
@.2 (41 No person shall park any vehicle at any time on any public beach.
* * *
Sec. 22.49. Organized activities or potentially dangerous games.
(a) No person or persons shall engage in rough or potentially dangerous activity such
as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other
organized activity involving thrown or otherwise propelled objects such as balls, stones,
arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates on any public
bathing beach or park property except in areas set aside for that purpose.
(b) No person or persons shall engage in rough or potentially dangerous informal
activity, games or practice for such games such as football, baseball, softball,
horseshoes, tennis, volleyball, badminton~, or any other games, practices or exercise
involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins,
shuttlecocks, frisbees, model aircraft or roller skates propel a person by a wheeled
device like a skateboard, roller skates, and in-line skates on any public bathing beach or
park property except in the areas set aside for that purpose when such activity presents
a threat of injury or loss of life to any person.
Ordinance tJ!emuri#l~
Attachment number 1
Page 12 of 13
(c) Use of park property is limited to its intended use only, unless permission is qranted
in writinq by the City Manaqer or his or her desiqnee. Skateboardinq shall be qoverned
by this section and in accordance with Section 28.11 of this Code, as amended from
time to time.
(d) No person or persons shall trespass on or use athletic fields that are posted for use
by permit only without a valid permit.
* * *
Section 22.53. Merchandising, vending, peddling.
No person other than the department or regularly licensed concessionaires acting by
and under the authority of the city shall expose or offer for sale, rent or trade any article,
food or drink of any kind, service or thing or station or place any stand, cart or vehicle
for the transportation, sale or display of any article or merchandise within the limits of
any public beach, the Courtney Campbell Causeway Recreation Area, or park except by
written authorization from the department.
* * *
Sec. 22.60. Trails.
(1) Only authorized motor vehicles are permitted on any trail within Clearwater, except
vehicles needed by persons with disabilities.
(2) No person shall travel on a trail at a speed qreater than is reasonable and prudent
under the conditions and havinq reqard to the actual and potential hazards then
existinq. In every event. speed shall be controlled as may be necessary to avoid
collidinq with others who are complyinq with the law and usinq reasonable care.
(3) No person shall travel on a trail in a neqliqent manner. For the purpose of this
section "travel on a trail in a neqliqent manner" shall be construed to mean any form of
travel on a trail in such a manner as to endanqer or be likely to endanqer any persons
or property.
(4) For the purpose of this section "travel" shall be construed to include all forms of
movement or transportation on a trail, includinq but not limited to foot, bicycle, horse,
skateboard, roller skates and in-line skates.
(5) Every person travelinq on a trail shall obey the instructions of any official traffic
control device applicable thereto placed in accordance with applicable laws unless
otherwise directed by a police officer.
Section 2. This ordinance shall take effect immediately upon adoption.
Ordinance tJ!emuri#l~
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Lipowski
Assistant City Attorney
Attachment number 1
Page 13 of 13
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance tJ!emuri#l~
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of 2008/2009 operations in the amount of
$100,000.00. (consent)
SUMMARY:
The Clearwater Homeless Intervention Project Shelter opened in April 1998, and since that date has provided a safe overnight
facility for homeless persons and essential support services to help individuals and families begin to improve their lives.
In CHIP's continuum of care, there are currently three programs offered: Outreach and Assessment through the Day Center
component; Emergency Housing in the Shelter Services; and Transitional Housing at the newly opened Parkbrooke Apartment
Complex.
In previous years the City of Clearwater has donated $100,000 to CHIP. The police department requests that the City continue
their contribution to CHIP, which will be applied toward needed operational funding essential to the CHIP shelter's successful
operation.
Funding for this donation in the amount of $100,000.00 is available in the Special Program project 181-99330 & 99331, Homeless
Shelter.
Appropriation Code
181-99330 &amp;amp;amp; 99331
Amount
$100,000.00
Appropriation Comment
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 # 9
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the transfer of $15,909.89 received from Clearwater Housing Authority for payment in lieu of taxes to the Clearwater
Homeless Intervention Project, Inc. (CHIP). (consent)
SUMMARY:
Historically, since 1997, the City Council has authorized the funds representing Payment in Lieu of Taxes (PILOT) to be
appropriated to the Clearwater Homeless Intervention Project, Inc. (CHIP).
On September 4,2008, Clearwater Housing Authority (CHA) paid $15,909.89 for Payment in Lieu of Taxes (PILOT) to the City
of Clearwater. In a letter to City Manager William Home on that same date, CHA requested that these funds be donated by the City to
offset operational costs for CHIP. The PILOT funds were deposited immediately into the City's General Fund Reserves.
In order to allow CHIP to have access to these necessary funds as soon as possible for operational expenses, it is requested that
the funds be transferred as soon as possible from the General Fund Reserves to Special Program 181-99938, Homeless Shelter.
Type:
Current Year Budget?:
Other
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
2008
15,909.89
2008 to 2009
Annual Operating Cost:
Total Cost:
Appropriation Code
181-99274
Amount
15,909.89
Appropriation Comment
Review Approval: 1) Clerk 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 10
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Citizens Survey Presentation - Doug Mathews, Dir. Public Communications
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 11
~
:t=t:
c 0
:s a.
E cu
ED::
o ~
U cu
co ~
o :s
otn
N
en
CJ
~I-
....
1- en
C IE:
:s CU
e..
o ..
u.!
u
~
CJ) s....
co
> E
.- ..c ~ ~ ~
u
c
0 CI)
..c
.....
CJ) CI)
(.) > ~ ~ ~
+-' 0
0 0
ca en Ct') <0 LO
0
CO I'-- I'--
C. ~
0
ca
tn
ca ""0
... 0
CJ) 0 ~
..c
..... s.... --
ca s.... 0 .....J
~ (]) ..c '+-
+-' ..c 0
CO C) ~
~ --
ca (]) +-'
--
C -
CJ) CO CO
(]) ~ :J
U - ~ 0
()
~
s....
co
E
..c ~ ~
u
c
CI)
CJ) ..c
(.) CI)
-- >
c: +-' ~ ~ ~
en 0 0 0
0 0 CO LO
CJ) I'-- V I'--
tn ~
0
.....
0 ""0
--
~ CO
a...
.....
-- en
ca (])
><
~ CO -
-
I- CO
a s....
s.... (])
~ >
- 0
-
co (])
s.... : I
(]) :J
- co
> co
+-'
0 > CJ)
~
s....
co
E
..c ~ ~
u
c
CI)
~ ..c
.....
CJ) CI)
..... > ~ ~ ~ ~
ca +-'
en 0 0 0 0
en 0 N ~ I'-- LO
(j) I'-- I'-- Ct')
~ ~
0
.....
.-
c:
~
E ~ ~
E ""0
s.... s....
0 co co
0 0 ""0 ""0
..c c
U s.... s....
s.... (]) ~ (])
0
..c -I - 0 -I -
co +-' co
..c c
C) ~
--
(]) 0
z 0
~
s....
co
E
..c ~ ~
u
c
CI)
..... ..c
c:
CJ) CI)
> ~ ~ ~ ~
E +-'
en 0 0 0 0
0 I'-- <0 (j) Ct')
CJ) V LO LO V
> ~
0 +-'
0 C
(])
> ~ E
+-'
-- ~ (])
c: c (])
+-'
:J -- +-' >
en CO -
E s.... 0
(.) (]) a. >
E --
.- > u c
> 0 -- --
0 t -
.- () CO C)
U '+- C) a... c
c --
0 E
-- 0
+-'
(]) a. +-' 0
en (]) - u
c u a. -
(]) u a. (])
S
CJ) <( 0
en
m
c
.-
.,
ca
D::
cu
CJ
.-
~
cu
tn
~
s....
co
E
g ~ ~ ~
CI)
..c
~ CI)
> ~ ~ ~ ~
..... +-'
en 0 0 0 0
CJ) 0 <0 N CO Ct')
..... I'-- (j) CO I'--
ca ~
0
en
(.)
.-
.c -
a.
~ (])
s....
D- o...
~
u
c
(])
(]) C)
s....
U CJ) (])
-- (])
- ~ E
0 s....
--
0... U. W W
~
s....
co
E
..c ~
u
c
CI)
tn ..c
CJ)
.- CI)
..... > ~ ~ ~ ~
.- +-'
0 0 0 0
en (j) I'-- (j) (j)
.- 0
..... CO I'-- I'-- <0
~ ~
0
- --
CJ) c
0
tn
--
C +-'
.- U
... 0 (])
c. --
+-' -
-
... U 0 (])
(])
CJ) () U
-
-
..... 0 --
(]) c:
c: () +-'
C) en (])
W CO
(]) c CJ)
C) -- S
- s....
CO U (])
..c ~ ""0 ~
s.... U s....
CO (]) CO (])
CJ ~ >- CJ)
~
s....
co
E
..c ~ ~
u
c
CI)
..c
3: CI)
D.. > ~ ~ ~ ~
+-'
en 0 0 0 0
- -- 0 I'-- I'--
C) 0 ~
<0 LO <0 LO
c: ~
0
.-
... (])
CJ) U
C
CJ)
CO
c: c
(])
.-
C) +-'
C) C
c: s.... C --
-- CO
CO --
W s.... +-' ~
(]) a. ..c
+-' (]) C)
CO ~
~ --
~ .....J -
CO
E +-' +-' ~
(]) (])
s.... (]) (]) (])
0 s.... s.... ""0
+-' +-' +-' --
CJ) CJ) CJ) CJ)
~
s....
co
E
..... ..c ~ ~
u
c: c
CI)
CJ) ..c
E CI)
c. > ~ ~ ~
.-
+-' 0 0 0
0 en N CO <0
0 V Ct') Ct')
CJ) ~ +-'
0
> C
CJ) (])
E
C
+-' C) a.
- -- c 0
C) (]) c -
-- (])
E c
c: >
0
(]) (])
.- N
c: u 0
s....
c: 0 oes U
'+- --
ca c C) E
w c
-- 0
D- (]) c C
""0 C 0
CO
0 U
-
() a... w
~
s....
co
E
..c
u
c
CI)
..c
CJ) CI)
>
..... +-' ~ ~ ~ ~
-- en 0 0 0 0
...J 0 N V <0 CO
CO I'-- I'-- CO
..... ~
0 0
~ en
E en
..... (])
-- CO
--
+-'
ca s.... --
C) - en
--
~ 0 u (])
s.... CO u
a a... u. --
C
c c (])
0 0
CJ)
-- --
+-' +-'
co co 2:-'
en (]) (])
~ s.... s.... co
s.... U U s....
co (]) (]) ..c
a... ~ ~ --
.....J
~
s....
co
E
..c
u
c
CI)
..c
c: CI)
0 > ~ ~
.- 0
+-' 0
.- CO
-- en ~
..... 0 I'-- <0
ca
(.) ~
0
--
c:
~
E c
0
E --
+-'
CO
0 E
s.... ~
U 0
'+-
C ~
-
u (])
-- --
- ~
..c
:J
a... ()
- en
ca c
c 0
o I-
I- ..,
~ en
-a CU
-a :s
ceo
CI)
en ~ ~
0
0 0
CJ) <0 0
..... 0 V V
--
en
... +-'
CJ) s....
0 ~ ~
..... 0 0
c: ::J (j) LO
en V V
CJ)
U
~
CJ) ""0
-- (])
c:
><
--
E
0 ""0 ""0
""0
.c - (]) (])
CO (])
>< ><
... -- ><
+-' -- --
c E -- E
ca E
(])
J: ""0 (]) -
- --
-- u (]) CO
en -- +-' +-'
(]) : I 0 (])
~ 0 I ~
+-'
0
c ~ ~ ~ ~
.........
+-'
CO 0 0 0 0
..c ~ I'-- N N
S <0 V V LO
CI)
E
c: 0
en
0
.-
..... +-'
ca C
co ~ ~ ~ ~
(.) t 0 0 0 0
0 (j) Ct') CO CO
0 E Ct') LO LO V
...J
~
..... (]) en en
.- (]) (])
U
+-' +-'
.- C :J :J
(.) CO ""0 C C
ca +-' 0 -- --
en 0 E E
LL --
0 ..c
s.... 0 0
C) 0 ~ Ct')
c ..c c c
-- ..c
~ -- --
C) ..c ..c
-
CO -- +-' +-'
(]) -- --
S S S
z
~ ~ ~ ~
~ 0 0 0 0
V V (j) V
N V ~ ~
~
0
J:
~
.....
.-
.-
(.)
ca
LL t (])
C) t 0 en
a. 0 (])
c: 0 a. a. en
.- a. :J a. 0
(.) a. en 0 a.
~ :J +-' +-' a.
en CO CO 0
-C ~ ..c ..c ~
CJ) - ~ ~ -
C) C)
~ c (]) (]) c
0 E E 0
s.... 0 0 s....
+-' +-'
CJ) CJ) CJ) CJ)
en
c
- 0
ca .-
....
CD ca
c ~
CD CD
~ en
.a
o
en
""0
o
o
..c
s....
o
..c en
tn ..c en ~
,.. -Q) (]) ~
a.. (]) - c
o C""O:J
C C E
s: co E
o ~ 0
c CO u
s: en (])
oen..c
""0 en +-I
c~.8
- ;;; (j) ""0
+-I~(])
C +-I
(]) 0 U
""O+-I(])
-- ""0 C
en C C
(]) (]) 0
~+-IU
.-
.....
ca
c:
CJ)
tn
.c
o
.
s....
(])
en~
en 0
~ C
- CO
(])..c
(])+-I
'+-~
o~
+-I C
""0 :J
C E
2 E
v 0
LO U
..0 (])
Cl)~
(])+-I
C):J
co 0
en..c
+-I co
C (])
(]) >
""0 - -
- +-I
-en -en
(]) 0
~a.
.
-0+-1
C C
(]) (])
+-I E
en a.
-0 0
0_
o (])
..c >
tn L... (])
,.. 0-0
a... ..c +-I
o ..c :J
.- -Q) 0
..... (])..c
ca C CO
~ ..c (])
L.. u >
,. , co:.;::::i
~ (])-en
tn ..c 0
.c C a.
o .;;; ~
C~
(])-
-0 (])
-- (])
en,+-
~ .9 .-
en
en
(])
-
- -
(]) en
~ (])
:J
o en
+-I en
-0 -0;
C,+-
(]):.=
+-I,+-
C 0
(]) ~
L...+-I
-0:.=
== CO
..c :J
U 0-
..c+-l
~ :J
~ 0
en..c
+-I CO
C (])
- (]) >
en-o:.;::::i
(J) · en · en
~ (J) 0
en ~ a.
.
.
.
""0
(])
""0
(])
(]) =
U ~
>< s.....
(J) >. 0
s.....+-'
UJ O.c Q)
c: Q):JE
o EE>.
; >.E=ro
ca = 0 s.....
CO U (]) _
~ !.... (J) C (/)
L.. (]) _ (]) ~
c -- s.....
Q) (J)..c C) CO
UJ C) s: (/) E
.c ",u..c
en en --
O (])~(j) u
u s..... -- C
-- CO Ci3 (])
cE--..c
(J) ..c ~ s:
(/) 0 !.... 0
>'cco-
~(])..c(])
O..cu..c
tn
c:
o
.-
tn
~
(.)
c:
o
U
C)
C
--
C
li=
(]) -
s..... en
s..... en
o (])
'+- U
+-I 0
C s.....
-- a.
o
a.C)
C
C) --
C C
-- C
t CO
co-
ooa.
(]) -~
> C)
-- (])
~+-I
en CO
o s.....
a... 00
.
s.....
~ en-
s..... -
C) (]) 0
C > '+-
--
~ +-I en
s..... CO (])
~:.;::::i
\U __ >
E.~ ~
..c +-I --
U C ~
C (]) C
(]) E ~~
..c(])\.J
cC)cc
-- CO u.
a.c..c
(]) CO +-I
00 E .~
+-I (]) _
~ u -co
i.i= C +-I
en CO ~
~E.g
-- 0
> t:: C
e (]) co
a...a.()
.
.
~
:t=t:
c 0
:s a.
E cu
ED::
o ~
U cu
co ~
o :s
otn
N
Attachment number 2
Page 1 of 6
Interoffice Memorandum
To: Bill Home, City Manager
From: Doug MattheV\5, Public Corrummications Director
cc: Jill Silverboard, Assistant City Manager
Rod Irnin, Assistant City Manager
Date: 10/24/2008
The Public Corrummications Department has received the results from our 2008 Citizen Survey,
conducted as part of the National Citizen Survey (NCS) and administered by the National Research
Center (NRC) in Boulder, CO. PC chose the NCS as part of the organizational efforts to build
reliable benchmarks for perfonnance measurement. This survey is administered to roughly 500 local
governments across the cOlmtry, providing a snapshot of Oearwater's perfonnance relative to other
jurisdictions, and Where possible relative to previous city surveys. The surveywas administered by
mail during the months of August and September of 2008 to a random sampling of residents
throughout the corrummity. Previous surveys have been conducted via telephone.
Results are based on a total of 735 completed surveys, for a response rate of 29%. These results
~re benchmarked against all other participating corrununities, and ranked against all co:mrrumities
of similar size to Oearwater (pop. 64,000 -150,000).
Y oull note that the new survey places more of a focus on broader corrununity characteristics in
addition to traditional ratings of city services. As a result of the change in survey methodology, it has
been difficult in some cases to compare results from previous surveys in 2003 and 2006, but youll
find that those comparisons are included Where applicable.
Following are some of the key findings:
CLEARWATER AS A PLACE TO LIVE
83% of respondents said that Oearwater was a "good" or "excellent" place to live, and 76%
of respondents said the same of their neighborhoods. These '\'\ere consistent with
benchmarks. Those llllder 35 or over 54 '\'\ere slightly more likely to respond positively ( + 8%
and + 7% respectively). Those living in the downtown '\'\ere significantly less likely to
respond positively to both questions (76% and 47% respectively).
75% of respondents rate the overall quality of life in Oearwater as "good" or "excellent"
Which tracks with national benchmarks and is similar to results from the 2006 survey (80%).
Item # 11
Attachment number 2
Page 2 of 6
Those without children ~re more likely to give positive scores (+ 13%), as ~re those mder
35 (+ 10%) and over 54 (+ 9%). Those in the downtown neighborhoods rated quality of life
significantly lo~r (62%) than other areas of the community.
Scores regarding community cleanliness (64%) and quality of the natural environment (61 %)
~re below national benchmarks. Those with children (55%) and those be~ the ages of
35 and 54 (55%) scored the city lo~r on cleanliness, as did those living in downtown
neighborhoods (52%). Those living in downtown neighborhoods and in central Oearwater
scored the city lo~r on the quality of the natural environment (48% and 57% respectively).
When asked if Oearwater was moving in the right direction, only 47% responded positively,
compared with 66% in the 2006 survey. This was below benchmark scores, and was quite
likely affected in part by the budget reductions that ~re taking place at the time of the
survey. The number responding positively is highest with those Who have been in the
community less than five years (61%) and lo~st with those living in the community over 20
years (36%). Those mder 35 ~re significantly more likely to respond positively than other
age groups, with a 65% positive response. Those living in beach communities ~re far less
likely to respond positively (30%) than other areas of the corrummity.
Participants generally felt good about the reputation of Oearwater as a community, with
67% responding positively. This was similar to benchmark scores. Those mder 35 or over
54 ~re significantly more likely to respond positively(+ 19% and +8% respectively). Those
living downtown or in beach communities ~re less likely to respond positively (54% and
53% respectively).
CLEARWATER AS A
PLACE TO LIVE
Overall
Neighborhood
Quality of Life
Moving in Right Direction
Cleanliness
Natural Environment
Air Quality
Reputation of Clearwater
2008
83%
76%
75%
47%
64%
61%
59%
67%
2006
NA
NA
80%
66%
NA
NA
NA
NA
National Benchmark Population Benchmark
~ ~
~ ~
~ ~
~ ~
~ ~
QUALITY OF SERVICE
Seven out of ten Oearwater residents (70%) rate the overall performance of the City in
providing services as "good" or "excellent." This figure is virtuallymchanged from the 67
percent of residents Who responded positively in 2006. This tracked similarly with national
benchmarks. Those mder 35 or over 54 ~re more likely to score the city's service levels
positively ( + 11 % and + 13% respectively). Those living in the beach communities ~re less
likely to respond positively (61 %) than other areas of the corrummity.
Only 48% of those surveyed vie~d the value received for their city taxes positively, Which
could be a reflection of the larger property tax debates taking place locally and arOlmd the
state. This ranked below the national benchmark Those mder 35 or over 54 ~re
significantly more likely to respond positively (+ 17% and + 18% respectively). Those living
in the beach corrummities ~re significantly less likely to respond positively (33%) than
other areas of the corrummity.
Item # 11
Attachment number 2
Page 3 of 6
While fe'\'\er people reported having interaction with city staff than the benchmark
corrummities (53%), their experience with staff tracked with benchmarks across the board
Staff was rated mostly positive in Knowledge (81 %), Responsiveness (73%), Courtesy (79%)
and Overall (75%). Residents with children and those mder 55 '\'\ere more likely to have
interacted with staff. Those vIDO have lived in Oearwater mder 5 years '\'\ere most likely to
rate staff positively. Those living in beach corrummities and downtown '\'\ere least likely to
offer positive scores.
QUALITY OF SERVICE
Overall
Value for Taxes Paid
Staff Overall
2008
70%
48%
75%
2006
67%
NA
NA
~ ~
National Benchmark Population Benchmark
~ ~
COMMUNITY SAFETY
Most respondents (92%) felt safe in their neighborhoods during the day, V\hich dropped to
71 % at night. These numbers tracked with national benchmarks. Positive reponses '\'\ere
particularly IO'\'\er for the downtown neighborhoods (85% day, 46% night) than in other
areas of the city.
77% of respondents felt safe in the downtown area during the day, a number that dropped
to 35% at night, both below national benchmarks. These perceptions '\'\ere fairly consistent
across all demographics, with older residents and women feeling slightly less safe than other
groups.
64% of respondents indicated feeling safe against violent crimes in Oearwater, and 53%
indicated feeling safe against property crimes. While the property crime numbers track with
other benchmark corrummities, the violent crime numbers are above national benchmarks.
These '\'\ere driven by notably IO'\'\er numbers in downtown neighborhoods (52% and 41 %
respectively) and in central Oearwater (62% and 47% respectively).
COMMUNITY SAFETY 2008 2006 National Benchmark Population Benchmark
Neighborhood 92% NA ~ ~
Neighborhood after dark 71% NA ~ ~
Downtown 77% NA
Downtown after dark 35% NA
Safe from property crime 53% NA ~ ~
Safe from violent crime 64% NA
Item # 11
Attachment number 2
Page 4 of 6
SATISFACTION WITH SELECTED CITY SERVICES
In past surveys, residents ~re asked to score city services on a 10-point scale. The new survey asks
residents to rate their satisfaction with services instead The scores below show the number of
respondents rating the service as "good" or "excellent" and V\here it ranked against benchmarks.
SERVICE
2008
2006
National Benchmark Population Benchmark
Public Safety
~ ~
Police
Fire
EMS
Emergency Preparedness
76%
92%
88%
73%
79%
87%
NA
NA
~ ~
~ ~
Enterprise/Utilities
Garbage Collection 89% 82%
Recycling 77% NA ~
Yard Waste Collection 79% NA
Sewer Service 69% NA ~ ~
Drinking Water 50% 66%
Clearwater Gas 67% NA NA NA
Engineering/Public Works
Stormwater
Street Repair
Street Lighting
Sidewalk Maintenance
Public Parking
Signal Timing
60% 60%
51% 65% ~
67% NA
57% NA ~ ~
26% NA
42% NA
Planning & Development
Code Enforcement
Planning & Zoning
Economic Development
42%
38%
36%
60%
NA
NA
~
~
~
~
Quality of Life
Parks 82% NA
Recreation Programs 74% 80% ~
Recreation Facilities 76% NA
Library Services 88% 90%
Natural Preservation 60% NA ~ ~
Beach Maintenance 77% NA NA NA
Communication
Public Information
C-VIEW TV
71%
68%
NA
NA
CIVIC INVOLVEMENT /INCLUSIVENESS
Fe~r than 50% of respondents felt that Oearwater had a strong sense of corrummity (47%),
Which was below benchmark scores. Positive scores increased with length of residency, While
those living in downtown neighborhoods scored significantly lo~r (37%) than other areas
of the community.
Item # 11
Attachment number 2
Page 5 of 6
When asked if the corrummity accepts people of diverse backgrOlmds, 56% responded
positively. This was consistent with national benchmarks. Residents over 55 '\'\ere more likely
to respond positively (63%), V\hile those living in downtown neighborhoods '\'\ere least likely
to respond positively (42%).
The majority of respondents felt that the city offered good opportunities to participate in
local matters (59%), consistent with national benchmarks. Fe'\'\er felt that their participation
was '\'\elcome (43%) or listened to (34%). These '\'\ere both below benchmarks. Residents in
central Oearwater '\'\ere most likely to respond positively (48% and 44% respectively) V\hile
those living in beach neighborhoods '\'\ere least likely (33% and 24% respectively).
CIVIC INVOLVEMENT!
INCLUSIVENESS
Sense of Community
Acceptance of Diversity
Opportunity to Participate
Welcoming Involvement
Listening to Citizens
2008
47%
56%
59%
43%
34%
2006
NA
NA
NA
NA
NA
National Benchmark Population Benchmark
~ ~
~ ~
HARBORVIEW CENTER
Residents '\'\ere asked V\hat redevelopment options they V\Ould most support on the current site of
the Harborview Center. Respondents clearly favored an option that placed an emphasis on retail
with some complementary uses. Neighborhoods closer to downtown tended to favor retail V\hile
those further from downtown tended to favor a mostly residential option.
HARBORVIEW CENTER
Mostly residential
Mostly office
Mostly hotel
Mostly retail
Retail only
SUPPORT
54%
49%
45%
60%
52%
OPPOSE
46%
51%
56%
40%
48%
PREFERRED BY
1,5
1
None
2,3,4,5
2,3,4
1) Countryoide, 2) Beaches, 3) Downtown, 4) Central, 5) East
GENERAL OBSERVATIONS
Those attending a public meeting (24%) fell below national benchmarks, V\hile those
watching meetings on television (56%) was above. Those living in beach neighborhoods
'\'\ere significantly more likely to have participated in these fonnns (50% and 79%
respectively). The level of participation increased with the age of respondents.
Culturally, the city was above the benchmark in terms of availability of cultural activities,
with 62% rating those opportunities positively. The city ranked consistent with national
benchmarks on educational opportunities, at 55%.
Oearwater scored '\'\ell above the benchmark in offering recreational opportunities (74%
positive) and visitation to parks & recreation facilities was consistent with national
benchmarks (86% and 55% respectively). Participation in recreation programs, though, was
slightly below benchmark scores at 41 %.
Item # 11
Attachment number 2
Page 6 of 6
Affordable housing remains a concern, though the numbers are not notably above or below
national benchmarks, \\ith only 29% saying that there is a good supply of quality affordable
housing. As an indicator of possible stress on the local market (especially in light of recent
economic developments) 42% of respondents indicated that their home costs consumed
more than 30% of their income. This is a new question, so there are no available
benchmarks.
Internet use continues to climb, rising from 48% in 2006 to 59% in 2008, tracking \\ith
national benchmarks. Younger residents and those ne~r to Oearwater ~re more likely to
have used the city~bsite.
Having a recreation facility and/or library\\ithin walking distance was far less important to
respondents (39%) than having one in a respondent's neighborhood/nearby neighborhood
(53%) or \\ithin 10 minutes of home (58%). As could be expected, younger residents and
those \\ith children felt most strongly about local accessibility.
68% of respondents support reducing hours at recreation centers or libraries as a means of
reducing the city budget. Those betv\een 35 and 54 '\'\ere less likely to support a proposed
reduction in hours (52%).
CONCLUSIONS
It's apparent that a falling housing market, increased contention over development issues and
reductions precipitated from property tax reductions have all contributed to a different tone in this
year's community survey. While differences in some responses can be attributed to a new survey
methodology, there are clearly themes \\ithin the data that can help Oearwater focus resources and
decisions in the future.
The NCS rates two aspects of life in the city. Services and Characteristics. In terms of services,
Oearwater almost universally performs consistent \\ith or above national benchmarks. In evaluating
the results, three of the four areas ranking below benchmark scores can all be related to growth and
redevelopment (water, economic development, traffic enforcement, traffic signalization) While
another (public parking) is a ~ll-known issue in the community. The only other service to score
below benchmarks was fire prevention and education, an area that has seen significant reduction in
the last two budget years.
Scores on corrununity characteristics, though, generally fell equal to or below benchmarks \\ith the
exception of quality of life aspects like recreation and culture. Many of these characteristics aren't
influenced solely by the city government, and could require broader partnerships \\ith corrununity
organizations in order to influence them An interesting trend in the data is that residents betv\een
35 and 54 generally feel less positive about the corrununity than younger and older residents.
It's evident from the data that citizens are generally happy \\ith city services, but continue to have
reservations about redevelopment and their role in redevelopment decisions. It's also clear that
downtown neighborhoods continue to have pressing needs in the areas of corrununity safety and
involvement that require focused, long-term support.
Overall, the NCS provides an abmdance of data and a good lamching point for future strategic
planning and perfonnance management discussions.
Item # 11
Attachment number 3
Page 1 of 104
~
- National Citizen SurveyTM
CITY OF ClEARW A TE R, F l
2008
-
["J NATIONAL
'-I RESEARCH
C EN' E R IRe.
3005 30th Street
Boulder, CO 80301
wW.n-r-c.com · 303-444-7863
\ _ ~ J
I' J' '! ',',
\ ,
" . JIll ' ,
--:~..... I I I ~
I r \~ I I
.~ _\ - ~_ 1\= '._ _ _
777 North Capitol Street NE, Suite 500
Washington, DC 20002
www.icma.org · 202-289-ICMAltem # 11
Attachment number 3
Page 2 of 104
City of Clearwater I 2008
Su rvey Background............................................................................................................. 1
About The National Citizen Su rveyTM ........................................................................................ 1
Understand ing the Resu Its........................................................................................................ 3
Executive Su mmary ............................................................................................................ 5
Comm unity Rati ngs ............................................................................................................ 7
Overall Comm unity Qual ity ..................................................................................................... 7
Community Design.................................................................................................................. 9
Transportation.................................................................................................................... 9
Housing........................................................................................................................... 12
Land Use and Zoning....................................................................................................... 14
Economic Sustainabi I ity.......................................................................................................... 1 7
Pub I i c Safety .......................................................................................................................... 20
Envi ronmental Sustainabi I ity................................................................................................... 23
Recreation and Wellness ........................................................................................................ 26
Parks and Recreation........................................................................................................ 26
Cu Iture, Arts and Education.............................................................................................. 29
Health and Wellness ........................................................................................................ 31
Community Incl usiveness....................................................................................................... 32
Civic Engagement................................................................................................................... 34
Civic Activity.................................................................................................................... 34
Information and Awareness.............................................................................................. 37
Social Engagement........................................................................................................... 39
Pub Ii c T ru st .. . .. . . .. . .. . .. . .. . . .. . .. . .. . . .. . .. . .. . . .. . .. . .. . .. . .. . . .. . .. . .. . . .. . .. . .. . . .. . .. . .. . . .. . .. . .. . . .. . . .. . .. . . .. . .. . .. . .. . .. . .. 41
City of Clearwater Employees........................................................................................... 44
F rom Data to Action......................................................................................................... 46
Resident Priorities.................................................................................................................. 46
City of Clearwater Action Chart.............................................................................................. 47
Using Your Action Chart'M ................................................................................................ 49
Pol icy Questions.............................................................................................................. 50
Appendix A: Complete Survey Frequencies ...................................................................... 51
Frequencies Excluding "Don't Know" Responses .................................................................... 51
F req uencies Incl ud ing "Don't Know" Responses..................................................................... 62
Append ix B: Survey Methodology.................................................................................... 77
Append ix C: Survey Materials........................................................................................... 85
The National Citizen SurveyTM
Item # 11
Attachment number 3
Page 3 of 104
City of Clearwater I 2008
ABOUT THE NATIONAL CITIZEN SURVEY"
The National Citizen SurveyTM (The NCS) is a collaborative effort between National Research
Center, Inc. (NRC) and the International City/County Management Association (ICMA). The NCS
was developed by NRC to provide a statistically valid survey of resident opinions about community
and services provided by local government. The survey results may be used by staff, elected
officials and other stakeholders for community planning and reSourCe allocation, program
improvement and policy making.
FIGURE 1: THE NATIONAL CITIZEN SURVEyTM METHODS AND GOALS
The NCS focuses on a series of community characteristics and local government services, as well as
issues of public trust. Resident behaviors related to civic engagement in the community also Were
measured in the survey.
The National Citizen SurveyTM
1
Item # 11
Attachment number 3
Page 4 of 104
City of Clearwater I 2008
FIGURE 2: THE NATIONAL CITIZEN SURVEy'M Focus AREAS
The survey and its administration are standardized to assure high quality research methods and
directly comparable results across The National Citizen Survey'M jurisdictions. Participating
households are selected at random and the household member who responds is selected without
bias. Multiple mailings give each household more than one chance to participate with self-
addressed and postage-paid envelopes. Results are statistically weighted to reflect the proper
demographic composition of the entire community. A total of 735 completed surveys were
obtained, providing an overall response rate of 29%. Typically, response rates obtained on citizen
surveys range from 25% to 40%.
The National Citizen Survey'M customized for the City of Clearwater was developed in close
cooperation with local jurisdiction staff. Clearwater staff selected items from a menu of questions
about services and community problems and provided the appropriate letterhead and signatures for
mailings. City of Clearwater staff also augmented The National Citizen Survey'M basic service
through a variety of options including a custom set of benchmark comparisons, crosstabulation of
results and several policy questions.
The National Citizen SurveyTM
2
Item # 11
Attachment number 3
Page 5 of 104
City of Clearwater I 2008
UNDERSTANDING THE RESULTS
As shown in Figure 2, this report is based around respondents' reports about eight larger categories:
community quality, community design, public safety, environmental sustainability, recreation and
wellness, community inclusiveness, civic engagement and public trust. Each section begins with
residents' ratings of community characteristics and is followed by residents' ratings of service
quality. For all evaluative questions, the percent of residents rating the service or community
feature as "excellent" or "good" is presented. To See the full set of responses for each question on
the survey, please See Appendix A: Complete Survey Frequencies.
Margin of Error
It is customary to describe the precision of estimates made from surveys by a "level of confidence"
(or margin of error). The 95% confidence interval quantifies the sampling error or precision of the
estimates made from the survey results. A 95% confidence interval can be calculated for any
question and indicates that for every 100 random samples of this many residents, the population
response to that question would be within the stated interval 95 times. The 95% confidence level
for the City of Clearwater survey is generally no greater than plus or minus four percentage points
around any given percent reported for the entire sample (735 completed surveys).
Comparing Survey Results
Certain kinds of services tend to be thought better of by residents in many communities across the
country. For example, public safety services tend to be received better than transportation services
by residents of most American communities. Where possible, the better comparison is not from one
service to another in the City of Clearwater, but from City of Clearwater services to services like
them provided by other jurisdictions.
Interpreting Comparisons to Previous Years
This report contains comparisons with prior years' results. In this report, We are comparing this
year's data with existing data in the graphs. Differences between years can be considered
"statistically significant" if they are greater than five percentage points. Trend data for your
jurisdiction represent important comparison data and should be examined for improvements or
declines. Deviations from stable trends OVer time especially represent opportunities for
understanding how local policies, programs or public information may have affected residents'
opinions.
Benchmark Comparisons
NRC's database of comparative resident opinion is comprised of resident perspectives gathered in
citizen surveys from approximately 500 jurisdictions whose residents evaluated local government
services and gave their opinion about the quality of community life. The City of Clearwater chose
to have comparisons made to the entire database and a subset of similar jurisdictions from the
database (jurisdictions with populations of at least 64,000 but less than 150,000). A benchmark
comparison (the average rating from all the comparison jurisdictions where a similar question was
asked) has been provided when a similar question on the City of Clearwater Survey was included in
NRC's database and there Were at least five jurisdictions in which the question was asked. For most
questions compared to the entire dataset, there Were more than 100 jurisdictions included in the
benchmark comparison.
Where comparisons Were available, the City of Clearwater results Were noted as being "above" the
benchmark, "below" the benchmark or "similar to" the benchmark. This evaluation of "above,"
The National Citizen SurveyTM
3
Item # 11
Attachment number 3
Page 6 of 104
City of Clearwater I 2008
"below" or "similar to" comeS from a statistical comparison of the City of Clearwater's rating to the
benchmark.
-Don't Know" Responses and Rounding
On many of the questions in the survey respondents may anSWer "don't know." The proportion of
respondents giving this reply is shown in the full set of responses included in Appendix A.
However, these responses have been removed from the analyses presented in the body of the
report. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
For some questions, respondents Were permitted to select more than one anSWer. When the total
exceeds 100% in a table for a multiple response question, it is because some respondents did select
more than one response. When a table for a question that only permitted a single response does not
total to exactly 100%, it is due to the customary practice of percentages being rounded to the
nearest whole number.
For more information on understanding The NCS report, please See Appendix B: Survey
Methodology.
The National Citizen SurveyTM
4
Item # 11
Attachment number 3
Page 7 of 104
City of Clearwater I 2008
This report of the City of Clearwater survey provides the opinions of a representative sample of
residents about community quality of life, service delivery, civic participation and unique issues of
local interest. A periodic sounding of resident opinion offers staff, elected officials and other
stakeholders an opportunity to identify challenges and to plan for and evaluate improvements and
to sustain services and amenities for long-term sucCess.
Most residents experience a good quality of life in the City of Clearwater and believe the City is a
good place to live. The overall quality of life in the City of Clearwater was rated as "excellent" or
"good" by 75% of respondents. A majority report they plan on staying in the City of Clearwater for
the next five years.
A variety of characteristics of the community Were evaluated by those participating in the study.
The three receiving the most favorable ratings Were opportunities to volunteer, shopping
opportunities and recreational opportunities. The three characteristics receiving the least positive
ratings Were amount of public parking, availability of affordable quality housing and traffic flow on
major streets.
Many of the community characteristics rated Were able to be compared to the benchmark database.
Of the 30 characteristics for which comparisons Were available, four Were above the benchmark
comparison, 15 Were similar to the benchmark comparison and 11 Were below.
Residents in the City of Clearwater Were somewhat civically engaged. While only 24% had
attended a meeting of local elected public officials or other local public meeting in the previous 12
months, 96% had provided help to a friend or neighbor. Less than half had volunteered their time
to some group or activity in the City of Clearwater.
In general, survey respondents demonstrated mild distrust in local government. Less than half rated
the overall direction being taken by the City of Clearwater as "good" or "excellent." This was lower
than the benchmark. Those residents who had interacted with an employee of the City of
Clearwater in the previous 12 months gave high marks to those employees. Most rated their overall
impression as excellent or good.
On average, residents gave generally favorable ratings to most of local government services. Many
of the City services rated Were able to be compared to the benchmark database. Of the 33 services
for which comparisons Were available, 12 Were above the benchmark comparison, 15 Were similar
to the benchmark comparison and five Were below.
The National Citizen SurveyTM
5
Item # 11
Attachment number 3
Page 8 of 104
City of Clearwater I 2008
A Key Driver Analysis was conducted for the City of Clearwater which examined the relationships
between ratings of each service and ratings of the City of Clearwater's services overall. Those key
driver services that correlated most strongly with residents' perceptions about overall City service
quality have been identified. By targeting improvements in key services, the City of Clearwater can
focus on the services that have the greatest likelihood of influencing residents' opinions about
overall service quality. Services found to be influential in ratings of overall service quality from the
Key Driver Analysis Were:
Economic development
Public schools
Emergency preparedness
Police services
Of these services, those deserving the most attention may be those that Were below or similar to the
benchmark comparisons: economic development, public schools and police services. For
emergency preparedness, the City of Clearwater is above the benchmark and should continue to
ensure high quality performance.
The National Citizen SurveyTM
6
Item # 11
Attachment number 3
Page 9 of 104
City of Clearwater I 2008
OVERAll COMMUNITY QUALITY
Overall quality of community life may be the single best indicator of success in providing the
natural ambience, services and amenities that make for an attractive community. The National
Citizen SurveyTM contained many questions related to quality of community life in the City of
Clearwater - not only direct questions about quality of life overall and in neighborhoods, but
questions to measure residents' commitment to the City of Clearwater. Residents were asked
whether they planned to move soon or if they would recommend the City of Clearwater to others.
Intentions to stay and willingness to make recommendations provide evidence that the City of
Clearwater offers services and amenities that work.
Many of the City of Clearwater's residents gave favorable ratings to their neighborhoods and the
community as a place to live. Further, a majority reported they would recommend the community
to others and plan to stay for the next five years.
FIGURE 3: RATINGS OF OVERALL COMMUNITY QUALITY BY YEAR
Clearwater as a place to
live
2003 2006
. 2008
The overall quality of life
in Clearwater
Your neighborhood as a
place to live
83%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
The National Citizen SurveyTM
7
Item # 11
Attachment number 3
Page 10 of 104
City of Clearwater I 2008
FIGURE 4: LIKELIHOOD OF REMAINING IN COMMUNITY AND RECOMMENDING COMMUNITY
Recommend living in
Clearwater to someone
who asks
Remain in Clearwater for
the next five years
0%
25%
50%
75%
100%
Note: These questions were
not asked in previous surveys.
Percent "somewhat" or "very" likely
Overall quality of life in Clearwater
Your neighborhood as place to live
Clearwater as a place to live
Remain in Clearwater for the next five years
Recommend living in Clearwater to someone
who asks
Similar
Similar
Similar
Similar
Similar
Similar
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
8
Item # 11
Attachment number 3
Page 11 of 104
City of Clearwater I 2008
COMMUNITY DESIGN
Transportation
The ability to move easily throughout a community can greatly affect the quality of life of residents
by diminishing time wasted in traffic congestion and by providing opportunities to travel quickly
and safely by modes other than the automobile. High quality options for resident mobility not only
require local government to remove barriers to flow but they require government programs and
policies that create quality opportunities for all modes of travel.
Residents responding to the survey were given a list of six aspects of mobility to rate on a scale of
"excellent," "good," "fair" and "poor." "Availability of paths and walking trails" was given the most
positive rating, followed by "ease of walking in Clearwater." These ratings tended to be lower than
the benchmark. Comparisons to previous years were not available.
FIGURE 6: RATINGS OF TRANSPORTATION IN COMMUNITY
Ease of walking in
Clearwater
. 2008
Ease of car trave I in
Clearwater
Ease of bus travel in
Clearwater
Ease of bicycle travel in
Clearwater
Availability of paths and
walking trails
65%
Traffic flow on major
streets
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 7: COMMUNITY TRANSPORTATION BENCHMARKS
Ease of bus travel in Clearwater
Ease of car travel in Clearwater
Ease of in Clearwater
Ease of travel in Clearwater
Availability of paths and walking trails
Traffic flow on streets
Below
Below
Below
Similar
Above
Below
Below
Below
Below
Similar
Above
Below
The National Citizen SurveyTM
9
Item # 11
Attachment number 3
Page 12 of 104
City of Clearwater I 2008
Seven transportation services Were rated in Clearwater. As experienced in most communities across
America, ratings tended to be a mix of positive and negative. Street lighting was above the
benchmark; light timing and the amount of public parking Were below the benchmark; and street
repair /maintenance, street cleaning, sidewalk maintenance and bus or transit services Were similar
to the benchmark.
FIGURE 8: RATINGS OF TRANSPORTATION AND PARKING SERVICES BY YEAR
Street repair
. 2008
2006
2003
51 %
65%
78%
Street cleaning
63%
Street lighting
67%
Sidewalk maintenance
57%
Traffic signal timing
42%
55%
Bus or transit services
26%
Amount of public parking
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 9: TRANSPORTATION AND PARKING SERVICES BENCHMARKS
Street repair /maintenance Similar Above
Street Similar Similar
Street I Above Above
Sidewalk maintenance Similar Similar
Below Below
Bus or transit services Similar Similar
Amount of Below Below
The National Citizen SurveyTM
10
Item # 11
Attachment number 3
Page 13 of 104
City of Clearwater I 2008
By measuring choice of travel mode over time, communities can monitor their success in providing
attractive alternatives to the traditional mode of travel, the single-occupied automobile. When
asked how they typically traveled to work, single-occupancy (SOV) travel was the overwhelming
mode of use. However, 2% of work commute trips were made by transit, 2% by bicycle and 2% by
foot.
Motorized veh icle by
myself
Motorized vehicle with
others
Bus, rail, subway or other
public transportation
Bicycle
Work at home
Other 0%
FIGURE 10: MODE OF TRAVEL USED FOR WORK COMMUTE
Walk
0%
25%
50%
Percent of days per week mode used
The National Citizen SurveyTM
11
2008
76%
75%
100%
Item # 11
Attachment number 3
Page 14 of 104
City of Clearwater I 2008
Housing
Housing variety and affordability are not luxuries for any community. When there are too few
options for housing style and affordability, the characteristics of a community tilt heavily to a
homogeneous palette, often of well-off residents. While this may seem attractive to a community,
the absence of affordable townhomes, condominiums, mobile homes, single family detached
homes and apartments means that in addition to losing the vibrancy of diverse thoughts and
lifestyles, the community loses the service workers that sustain all communities - police officers,
school teachers, house painters and electricians. These workers must live elsewhere and commute
in at great personal cost and to the detriment of traffic flow and air quality. Furthermore lower
income residents who can sustain in a community with mostly high cost housing pay so much of
their income to rent or mortgage that little remains to bolster their own quality of life or local
business.
The survey of the City of Clearwater residents asked respondents to reflect on the availability of
affordable housing as well as the variety of housing options. The availability of affordable housing
was rated as "excellent" or "good" by 29% of respondents, while the variety of housing options was
rated as "excellent" or "good" by 55% of respondents. The rating of perceived affordable housing
availability was similar to the City of Clearwater in comparison to jurisdictions across the nation.
Comparisons to previous years were not available.
FIGURE 11: RATINGS OF HOUSING IN COMMUNITY
Availability of affordable
quality housing
. 2008
Variety of housing options
55%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 12: HOUSING CHARACTERISTICS BENCHMARKS
Availability of affordable quality
housing
Variety of housing options
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
12
Item # 11
Attachment number 3
Page 15 of 104
City of Clearwater I 2008
To augment the perceptions of affordable housing in Clearwater, the cost of housing as reported in
the survey was compared to residents' reported monthly income to create a rough estimate of the
proportion of residents of the City of Clearwater experiencing housing cost stress. About two in five
survey participants Were found to pay housing costs of more than 30% of their monthly household
Income.
FIGURE 13: PROPORTION OF RESPONDENTS WHOSE HOUSING COSTS ARE "AFFORDABLE"
Housing costs LESS
than 30% of income
58%
Housing costs 30%
or MORE of income
42%
Note: This question was not asked in previous surveys.
The National Citizen SurveyTM
13
Item # 11
Attachment number 3
Page 16 of 104
City of Clearwater I 2008
land Use and Zoning
Community development contributes to a feeling among residents and even visitors of the attention
given to the speed of growth, the location of residences and businesses, the kind of housing that is
appropriate for the community and the ease of access to commerce, green space and residences.
Even the community's overall appearance often is attributed to the planning and enforcement
functions of the local jurisdiction. Residents will appreciate an attractive, well-planned community.
The NCS questionnaire asked residents to evaluate the quality of new development, the appearance
of the City of Clearwater and the speed of population growth. Problems with the appearance of
property were rated, and the quality of land use planning, zoning and code enforcement services
were evaluated.
The overall quality of new development in the City of Clearwater was rated as "excellent" or
"good" by 50% of respondents. The overall appearance of Clearwater was rated as "excellent" or
"good" by 67% of respondents and was similar to the national benchmark. When rating to what
extent run down buildings, weed lots or junk vehicles were a problem in the City of Clearwater,
90% thought they were at least a "minor" problem. The services of land use planning and zoning
and code enforcement were rated similar to the benchmark. Ratings for code enforcement showed
an upward pattern when compared to past years, however, these differences in ratings over time
may be at least partially attributable to changes in question wording and response options.
FIGURE 14: RATINGS OF THE COMMUNITY'S "BUILT ENVIRONMENT" BY YEAR
Overall appearance of
Clearwater
. 2008
Overall quality of new
development in
Clearwater
67%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 15: BUILT ENVIRONMENT BENCHMARKS
Quality of new development in city
Overall appearance of Clearwater
Below
Similar
Below
Similar
The National Citizen SurveyTM
14
Item # 11
Population growth seen as
too fast
FIGURE 16: RATINGS OF POPULATION GROWTH
58%
Attachment number 3
Page 17 of 104
City of Clearwater I 2008
. 2008
75%
100%
0%
25%
50%
To what degree, if at
all, are run down
buildings, weed lots or
junk vehicles a
problem in Clearwater?
Percent of respondents
FIGURE 17: POPULATION GROWTH BENCHMARKS
FIGURE 18: RATINGS OF NUISANCE PROBLEMS
0%
25% 50% 75%
Percent at least a "minor" problem
The National Citizen SurveyTM
15
. 2008
90%
100%
Item # 11
Attachment number 3
Page 18 of 104
City of Clearwater I 2008
FIGURE 19: RATINGS OF PLANNING AND COMMUNITY CODE ENFORCEMENT SERVICES BY YEAR
Code enforcement
(weeds, abandoned
buildings, etc)
2003 2006
. 2008
Land use, planning and
zoning
81 %
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 20: PLANNING AND COMMUNITY CODE ENFORCEMENT SERVICES BENCHMARKS
Land use,
Code enforcement (weeds, abandoned
bui etc)
Similar
Similar
The National Citizen SurveyTM
16
Item # 11
Attachment number 3
Page 19 of 104
City of Clearwater I 2008
ECONOMIC SUSTAINABllITY
The health of the economy may color how residents perceive their environment and all the services
that local government delivers. In particular, a strong or weak local economy will shape what
residents think about job and shopping opportunities. Just as residents have an idea about the speed
of local population growth, they have a sense of how fast job and shopping opportunities are
groWing.
Survey respondents were asked to rate a number of community features related to economic
opportunity and growth. The most positively rated features were shopping opportunities and the
overall quality of business and service establishments in the city. Receiving the lowest rating was
employment opportunities. Comparisons to previous years were not available.
FIGURE 21: RATINGS OF ECONOMIC SUSTAINABILlTY AND OPPORTUNITIES
Shopping opportunities
. 2008
Employment opportunities
75%
Clearwater as a place to work
Overall quality of business and service
establishments in Clearwater
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 22: ECONOMIC SUSTAINABILlTY AND OPPORTUNITIES BENCHMARKS
Employment opportunities
Shopping opportunities
Place to work
Overall quality of business and service
establishments in Clearwater
Similar
Above
Below
Similar
Above
Below
Similar
Similar
The National Citizen SurveyTM
17
Item # 11
Attachment number 3
Page 20 of 104
City of Clearwater I 2008
When asked to evaluate the rate of job growth in Clearwater, 81 % responded that it was "too
slow," while 20% reported retail growth was occurring "too fast" in Clearwater.
FIGURE 23: RATINGS OF RETAIL AND JOB GROWTH
Jobs growth seen as too
slow
81 %
. 2008
Retail growth seen as too
fast
0%
25%
50%
75%
100%
Percent "right amount"
FIGURE 24: JOB AND RETAIL GROWTH BENCHMARKS
Jobs growth seen as too slow
Retai I seen as too fast
Above
Below
Above
Below
FIGURE 25: RATINGS OF ECONOMIC DEVELOPMENT SERVICES
Economic development
. 2008
36%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 26: ECONOMIC DEVELOPMENT SERVICES BENCHMARKS
The National Citizen SurveyTM
18
Item # 11
Attachment number 3
Page 21 of 104
City of Clearwater I 2008
Residents were asked to reflect on their economic prospects in the near term. Twelve percent of the
City of Clearwater residents expected that the coming six months would have a "somewhat" or
"very" positive impact on their family.
FIGURE 27: RATINGS OF PERSONAL ECONOMIC FUTURE
What impact, if any, do
you think the economy
will have on your family
income in the next 6
months?
. 2008
12%
0%
25%
50%
75%
100%
Percent "very" or "somewhat" positive
FIGURE 28: PERSONAL ECONOMIC FUTURE BENCHMARKS
Positive impact of economy on household income
The National Citizen SurveyTM
19
Item # 11
Attachment number 3
Page 22 of 104
City of Clearwater I 2008
PUBLIC SAFETY
Safety from violent or property crimes creates the cornerstone of an attractive community. No one
wants to live in fear of crime, fire or natural hazards, and communities in which residents feel
protected or unthreatened are communities that are more likely to show growth in population,
commerCe and property value.
Residents Were asked to rate their feelings of safety from violent crimes, property crimes, fire and
environmental dangers and to evaluate the local agencies whose main charge is to provide
protection from these dangers. Many gave positive ratings of safety in the City Clearwater. About
64% percent of those completing the questionnaire said they felt "very" or "somewhat" safe from
violent crimes and 67% felt "very" or "somewhat" safe from environmental hazards. Daytime SenSe
of safety was better than nighttime safety and neighborhoods felt safer than downtown.
FIGURE 29: RATINGS OF COMMUNITY AND PERSONAL PUBLIC SAFETY
Safety in Clearwater's
downtown area after dark
Safety in Clearwater's
downtown area during
the day
Safety in your
neighborhood after dark
Safety in your
neighborhood during the
day
Safety from environmental
hazards
Safety from property
cri mes
Safety from violent crime
92%
0%
25%
50%
75%
100%
Percent "very" or "somewhat" safe
The National Citizen SurveyTM
20
Item # 11
Attachment number 3
Page 23 of 104
City of Clearwater I 2008
FIGURE 30: COMMUNITY AND PERSONAL PUBLIC SAFETY BENCHMARKS
Safety in your neighborhood during the day
Safety in your neighborhood after dark
Safety in Clearwater's downtown area during the day
Safety in Clearwater's downtown area after dark
from violent crime assault,
from
th eft)
Similar
Similar
Below
Below
Below
Similar
Below
Similar
Similar
Below
Below
Below
Similar
Below
Toxic waste or other environmental hazard(s)
As assessed by the survey, 16% of respondents reported that someone in the household had been
the victim of one or more crimes in the past year. Of those who had been the victim of a crime,
76% had reported it to police.
FIGURE 31: CRIME VICTIMIZATION AND REPORTING
If yes, was this crime
(these crimes) reported to
the police?
. 2008
During the past twelve
months, were you or
anyone in your household
the victim of any crime?
76%
0%
25%
50%
75%
100%
Percent "yes"
FIGURE 32: CRIME VICTIMIZATION AND REPORTING BENCHMARKS
Victim of crime
cn mes
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
21
Item # 11
Attachment number 3
Page 24 of 104
City of Clearwater I 2008
Residents rated seven City public safety services; of these, one was rated above the benchmark
comparison, four were rated similar to the benchmark comparison and two were rated below the
benchmark comparison. Fire services and ambulance or emergency medical services received the
highest ratings, while crime prevention and traffic enforcement received the lowest ratings. Traffic
enforcement was rated lower compared to previous years, although this may be in part to
differences in question wording and response scale options between survey years.
FIGURE 33: RATINGS OF PUBLIC SAFETY SERVICES BY YEAR
Fire services
76%
79%
. 2008
2006
2003
Police services
92%
Ambulance or
emergency medical
services
Crime prevention
Fire prevention and
ed ucation
Traffic enforcement
Emergency preparedness
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 34: PUBLIC SAFETY SERVICES BENCHMARKS
Pol ice services
Fire services
Similar
Similar
Similar
Similar
Below
Below
Above
Similar
Similar
Similar
Similar
Similar
Similar
Above
EMS/ambulance
Crime
Fire prevention and education
Traffic enforcement
The National Citizen SurveyTM
22
Item # 11
Attachment number 3
Page 25 of 104
City of Clearwater I 2008
ENVIRONMENTAL SUSTAINABllITY
Residents value the aesthetic qualities of their hometowns and appreciate features such as overall
cleanliness and landscaping. In addition, the appearance and smell or taste of the air and water do
not go unnoticed. These days, increasing attention is paid to proper treatment of the environment.
At the same time that they are attending to community appearance and cleanliness, cities, counties,
states and the nation are going "Green". These strengthening environmental conCerns extend to
trash haul, recycling, SeWer services, the delivery of power and water and preservation of open
spaces. Treatment of the environment affects air and water quality and, generally, how habitable
and inviting a place appears
Residents of the City of Clearwater Were asked to evaluate their local environment and the services
provided to ensure its quality. The overall quality of the natural environment was rated as
"excellent" or "good" by 61 % of survey respondents. Cleanliness of Clearwater received the highest
rating, and it was below the benchmark.
FIGURE 35: RATINGS OF THE COMMUNITY'S NATURAL ENVIRONMENT
Air quality
64%
. 2008
Cleanliness of Clearwater
Quality of overall natural
environment in
Clearwater
Preservation of natural
areas such as open space,
farmlands and greenbelts
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 36: COMMUNITY ENVIRONMENT BENCHMARKS
Cleanliness of Clearwater
Quality of overall natural environment in Clearwater
Preservation of natural areas such as open space, farmlands
and
Air
Below
Below
Below
Below
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
23
Item # 11
Recycled used paper,
cans or bottles from your
home
FIGURE 37: FREQUENCY OF RECYCLING IN LAST 12 MONTHS
0%
25%
50%
75%
Attachment number 3
Page 26 of 104
City of Clearwater I 2008
. 2008
80%
100%
Percent using at least once in last 12 months
FIGURE 38: FREQUENCY OF RECYCLING BENCHMARKS
Recycled used paper, cans or bottles
your home
Similar
The National Citizen SurveyTM
24
Similar
Item # 11
Attachment number 3
Page 27 of 104
City of Clearwater I 2008
Of the six utility services rated by those completing the questionnaire, four were higher than the
benchmark comparison, one was similar and one was below the benchmark comparison. These
service ratings trends were varied when compared to past surveys, however, differences in ratings
over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 39: RATINGS OF UTILITY SERVICES BY YEAR
Sewer services
69%
2003 2006
. 2008
Drinking water
50%
66%
Storm drainage
60%
60%
72%
Yard waste pick-up
79%
Recycling
77%
Garbage collection
89%
82%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 40: UTILITY SERVICES BENCHMARKS
Sewer services
Drinking water
Storm drainage
Yard waste pick-up
Recycling
collection
Similar
Below
Above
Above
Above
Above
Similar
Below
Above
Above
Similar
Above
The National Citizen SurveyTM
25
Item # 11
Attachment number 3
Page 28 of 104
City of Clearwater I 2008
RECREATION AND WEllNESS
Parks and Recreation
Quality parks and recreation opportunities help to define a community as more than the grind of its
business, traffic and hard work. Leisure activities vastly can improve the quality of life of residents,
serving both to entertain and mobilize good health. The survey contained questions seeking
residents' perspectives about opportunities and services related the community's parks and
recreation services.
Recreation opportunities in the City of Clearwater were rated positively as were services related to
parks and recreation. City parks, recreation programs or classes, and recreation centers or facilities
were rated higher than the benchmark. Parks and recreation ratings have varied over time.
FIGURE 41: RATINGS OF COMMUNITY RECREATIONAL OPPORTUNITIES
Recreational opportunities
. 2008
74%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 42: COMMUNITY RECREATIONAL OPPORTUNITIES BENCHMARKS
The National Citizen SurveyTM
26
Item # 11
Attachment number 3
Page 29 of 104
City of Clearwater I 2008
FIGURE 43: PARTICIPATION IN PARKS AND RECREATION OPPORTUNITIES BY YEAR
Used Clearwater
recreation centers
2003 2006
Participated in a
recreation program or
activity
Visited a neighborhood
park or City park
86%
0%
25%
50%
75%
100%
Percent using at least once in last 12 months
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 44: PARTICIPATION IN PARKS AND RECREATION OPPORTUNITIES BENCHMARKS
Used Clearwater recreation centers
Participated in a recreation program or
activity
Visited a
Similar
Similar
Below
Similar
Below
Similar
The National Citizen SurveyTM
27
Item # 11
Attachment number 3
Page 30 of 104
City of Clearwater I 2008
FIGURE 45: RATINGS OF PARKS AND RECREATION SERVICES BY YEAR
City parks
2003 2006
. 2008
89%
Recreation programs or
classes
Recreation centers or
facilities
89%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 46: PARKS AND RECREATION SERVICES BENCHMARKS
Recreation programs or classes
Recreation centers or faci I ities
Similar
Above
The National Citizen SurveyTM
28
Item # 11
Attachment number 3
Page 31 of 104
City of Clearwater I 2008
Culture, Arts and Education
A full service community does not address only the life and safety of its residents. Like an
individual who drudges to the office and returns home, a community that pays attention only to the
life sustaining basics becomes insular, dreary and uninspiring to business and individuals. In the
case of communities without thriving culture, arts and education opportunities, the magnet that
attracts those who might consider relocating there is vastly weakened. Cultural, artistic, social and
educational services elevate the opportunities for personal growth among residents. In the survey,
residents were asked about the quality of opportunities to participate in cultural and educational
activities.
Opportunities to attend cultural activities was rated as "excellent" or "good" by 62% of
respondents. Educational opportunities were rated as "excellent" or "good" by 55% of respondents.
Compared to the benchmark data, educational opportunities were below the average of
comparison jurisdictions, while cultural activity opportunities were rated above the benchmark
comparIson.
FIGURE 47: RATINGS OF CULTURAL AND EDUCATIONAL OPPORTUNITIES
Opportunities to attend
cultural activities
. 2008
62%
Educational opportunities
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 48: CULTURAL AND EDUCATIONAL OPPORTUNITIES BENCHMARKS
Opportunities to attend cultural
activities
Educational opportunities
Above
Below
Above
Below
The National Citizen SurveyTM
29
Item # 11
Attachment number 3
Page 32 of 104
City of Clearwater I 2008
FIGURE 49: PARTICIPATION IN CULTURAL AND EDUCATIONAL OPPORTUNITIES BY YEAR
Used Clearwater public
libraries or their services
76% 2003 2006
. 2008
Participated in religious or
spiritual activities in
Clearwater
0%
25%
50%
75%
100%
Percent using at least once in the last 12 months
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 50: PARTICIPATION IN CULTURAL AND EDUCATIONAL OPPORTUNITIES BENCHMARKS
Used Clearwater public libraries or their
services
Participated in rei igious or spiritual activities in
Clearwater
Above
Above
Above
Above
FIGURE 51: PERCEPTION OF CULTURAL AND EDUCATIONAL SERVICES BY YEAR
Public schools
2006
Public library services
93%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 52: CULTURAL AND EDUCATIONAL SERVICES BENCHMARKS
Public schools
Public librar
Below
Above
Below
Above
The National Citizen SurveyTM
30
Item # 11
Attachment number 3
Page 33 of 104
City of Clearwater I 2008
Health and Wellness
Healthy residents have the wherewithal to contribute to the economy as volunteers or employees
and they do not present a burden in cost and time to others. Although residents bear the primary
responsibility for their good health, local government provides services that can foster that well
being and that provide care when residents are ill.
Residents of the City of Clearwater Were asked to rate the community's health services as well as
the availability of health care, high quality affordable food and preventive health care services. The
availability of affordable quality food was rated most positively for the City of Clearwater, while the
availability for affordable quality health care was rated less favorably by residents.
FIGURE 53: RATINGS OF COMMUNITY HEALTH AND WELLNESS ACCESS AND OPPORTUNITIES
Availability of affordable
quality health care
. 2008
Availability of affordable
quality food
59%
Availability of preventive
health services
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 54: COMMUNITY HEALTH AND WELLNESS ACCESS AND OPPORTUNITIES BENCHMARKS
Availability of affordable quality health care
Availability of affordable quality food
Availability of preventive health services
Similar
Similar
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
31
Item # 11
Attachment number 3
Page 34 of 104
City of Clearwater I 2008
COMMUNITY INCLUSIVENESS
Diverse communities that include among their residents a mix of races, ages, wealth, ideas and
beliefs have the raw material for the most vibrant and creative society. However, the presence of
these features alone does not ensure a high quality or desirable space. Surveyed residents were
asked about the success of the mix: the sense of community, the openness of residents to people of
diverse backgrounds and the attractiveness of the City of Clearwater as a place to raise children or
to retire. They were also questioned about the quality of services delivered to various population
subgroups, including older adults, youth and residents with few resources. A community that
succeeds in creating an inclusive environment for a variety of residents is a community that offers
more to many.
A moderate percentage of residents rated the City of Clearwater as an "excellent" or "good" place
to raise kids and a moderate percentage rated it as an excellent or good place to retire. Some
residents felt the local sense of community was "excellent" or "good." Most survey respondents felt
the City of Clearwater was open and accepting towards people of diverse backgrounds. Availability
of affordable quality childcare was rated the lowest by residents and was lower than the
benchmark.
FIGURE 55: RATINGS OF COMMUNITY QUALITY AND INCLUSIVENESS
Sense of community
. 2008
Openness and acceptance of the community towards
people of diverse backgrounds
Availability of affordable quality child care
Clearwater as a place to raise children
Clearwater as a place to retire
67%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
The National Citizen SurveyTM
32
Item # 11
Attachment number 3
Page 35 of 104
City of Clearwater I 2008
FIGURE 56: COMMUNITY QUALITY AND INCLUSIVENESS BENCHMARKS
Sense of community
Openness and acceptance of the community toward
people of diverse backgrounds
Availability of affordable quality child care
Clearwater as a place to raise kids
Clearwater as a to retire
Below
Below
Similar
Below
Below
Above
Similar
Similar
Below
Above
Services to more vulnerable populations (e.g., seniors, youth or low-income residents) ranged from
61 % to 43% with ratings of "excellent" or "good." All three services were the same as the
benchmark. Comparisons to previous years were not available.
FIGURE 57: RATINGS OF QUALITY OF SERVICES PROVIDED FOR POPULATION SUBGROUPS
Services to youth
61%
. 2008
Services to seniors
Services to low-income
people
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 58: SERVICES PROVIDED FOR POPULATION SUBGROUPS BENCHMARKS
Services to seniors
Services to youth
Services to low income residents
Similar
Similar
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
33
Item # 11
Attachment number 3
Page 36 of 104
City of Clearwater I 2008
CIVIC ENGAGEMENT
Government leaders, elected or hired, cannot run a jurisdiction alone and a jurisdiction cannot run
effectively if residents remain strangers with little to connect them. Staff and elected officials require
the assistance of local residents whether that assistance comes in tacit approval or eager help; and
commonality of purpose among the electorate facilitates policies and programs that appeal to most
and causes discord among few. Furthermore, when neighbors help neighbors, the cost to the
community to provide services to residents in need declines. When residents are civically engaged,
they have taken the opportunity to participate in making the community more livable for all. The
extent to which local government provides opportunities to become informed and engaged and the
extent to which residents take those opportunities is an indicator of the connection between
government and populace. By understanding your residents' level of connection to, knowledge of
and participation in local government, the City can find better opportunities to communicate and
educate citizens about its mission, services, accomplishments and plans. This survey information is
essential for public communication and for helping local government staff to conceive strategies for
reaching reluctant voters whose confidence in government may need boosting prior to important
referenda.
Civic Activity
Respondents were asked about the perceived community volunteering opportunities and their
participation as citizens of the City of Clearwater. Survey participants rated the volunteer
opportunities in the City of Clearwater favorably. Opportunities to attend or participate in
community matters were rated less favorably.
FIGURE 59: RATINGS OF CIVIC ENGAGEMENT OPPORTUNITIES
Opportunities to
volunteer
. 2008
Opportunities to
participate in community
matters
76%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 60: CIVIC ENGAGEMENT OPPORTUNITIES BENCHMARKS
Opportunities to participate in community
matters
to volunteer
Similar
Similar
Similar
Similar
The National Citizen SurveyTM
34
Item # 11
Attachment number 3
Page 37 of 104
City of Clearwater I 2008
Most of the participants in this survey had not attended a public meeting in the 12 months prior,
but the vast majority had helped a friend.
FIGURE 61 : PARTICIPATION IN CIVIC ENGAGEMENT OPPORTUNITIES BY YEAR
Participated in a club or civic group in Clearwater
. 2008
2006
2003
Attended a meeting of local elected officials or other
local public meeting
Watched a meeting of local elected officials or other
local public meeting on cable television
Volunteered your time to some group or activity in
Clearwater
96%
Provided help to a friend or neighbor
0%
25%
50%
75%
100%
Percent participating at least once in the last 12 months
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 62: PARTICIPATION IN CIVIC ENGAGEMENT OPPORTUNITIES BENCHMARKS
Attended a meeting of local elected officials or other
local public meeting
Watched a meeting of local elected officials or other
local ic on cable television
Volunteered your time to some group or activity in
Clearwater
Below
Below
Above
Above
in a club or civic
in Clearwater
Below
Similar
Similar
Below
Similar
Similar
Provided help to a friend or neighbor
The National Citizen SurveyTM
35
Item # 11
Attachment number 3
Page 38 of 104
City of Clearwater I 2008
City of Clearwater residents showed the largest amount of civic engagement in the area of electoral
participation. Eighty-eight percent reported they were registered to vote; 78% indicated they had
voted in the last general election.
FIGURE 63: REPORTED VOTING BEHAVIOR
Registered to vote
. 2008
88%
Voted in the last general
election
0%
25%
50%
75%
100%
Percent "yes"
The National Citizen SurveyTM
36
Item # 11
Attachment number 3
Page 39 of 104
City of Clearwater I 2008
Information and Awareness
Those completing the survey were asked about their use and perceptions of various information
sources and local government media services. When asked whether they had visited the City of
Clearwater Web site in the previous 12 months, 59% reported they had done so at least once.
Public information services were rated favorably compared to benchmark data.
FIGURE 64: USE OF INFORMATION SOURCES BY YEAR
Read Clearwater
Newsletter advertisement
(C-News) in the St.
Petersburg Times
67%
2003 2006
. 2008
Visited the City of
Clearwater Web site (at
www.myclearwater.com)
0%
25%
50%
75%
100%
Percent using at least once in last 12 months
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 65: USE OF INFORMATION SOURCES BENCHMARKS
Read Clearwater Newsletter advertisement (C-News) in
the St. Petersburg Times
Visited the City of Clearwater Web site (at
www.myclearwater.com)
Below
Below
Similar
Similar
The National Citizen SurveyTM
37
Item # 11
Attachment number 3
Page 40 of 104
City of Clearwater I 2008
FIGURE 66: RATINGS OF LOCAL GOVERNMENT MEDIA SERVICES AND INFORMATION DISSEMINATION
Cable television
Public information
services
0%
25%
50%
. 2008
71 %
75%
100%
Percent "excellent" or "good"
FIGURE 67: LOCAL GOVERNMENT MEDIA SERVICES AND INFORMATION DISSEMINATION BENCHMARKS
Cable television
Public information services
Above
Above
The National Citizen SurveyTM
38
Above
Above
Item # 11
Attachment number 3
Page 41 of 104
City of Clearwater I 2008
Social Engagement
Opportunities to participate in social events and activities were rated as "excellent" or "good" by
61 % of respondents, which was similar to other communities across the nation. Comparisons to
previous years were not available.
FIGURE 68: RATINGS OF SOCIAL ENGAGEMENT OPPORTUNITIES
Opportunities to
participate in social
events and activities
. 2008
61%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
FIGURE 69: SOCIAL ENGAGEMENT OPPORTUNITIES BENCHMARKS
Opportunities to participate in social events
and activities
Similar
Similar
The National Citizen SurveyTM
39
Item # 11
Attachment number 3
Page 42 of 104
City of Clearwater I 2008
Residents in Clearwater reported a fair amount of neighborliness. More than half indicated talking
or visiting with their neighbors several times a week or more frequently.
FIGURE 70: CONTACT WITH IMMEDIATE NEIGHBORS
About how often, if at all, do
you talk to or visit with your
immediate neighbors?
Less than several
ti mes a week
43%
Several times a week
or more
57%
Note: This question was not asked in previous surveys.
FIGURE 71: CONTACT WITH IMMEDIATE NEIGHBORS BENCHMARKS
Has contact with neighbors at least once per month
The National Citizen SurveyTM
40
Item # 11
Attachment number 3
Page 43 of 104
City of Clearwater I 2008
PUBLIC TRUST
Residents are more likely to cooperate with the proposals and policies advanced by their
community leaders when trust in local government officials runs high. Trust can be measured in
residents' opinions about the overall direction the City of Clearwater is taking, their perspectives
about the service value their taxes purchase and the openness of government to citizen
participation. In addition, resident opinion about services provided by the City of Clearwater could
be compared to their opinion about services provided by the state and federal governments. If
residents find nothing to admire in the services delivered by any level of government, their
opinions about the City of Clearwater may be colored by their dislike of what all levels of
government provide.
About half of respondents felt that the value of services for taxes paid was "excellent" or "good."
When asked to rate the job the City of Clearwater does at listening to citizens, 34% rated it as
"excellent" or "good."
FIGURE 72: PUBLIC TRUST RATINGS BY YEAR
The job Clearwater
government does at
welcoming citizen
involvement
. 2008
2006
2003
The value of services for
the taxes paid to
Clearwater
The overall direction that
Clearwater is taking
73%
The job Clearwater
government does at
listening to citizens
Overall image or
reputation of Clearwater
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
The National Citizen SurveyTM
41
Item # 11
Attachment number 3
Page 44 of 104
City of Clearwater I 2008
FIGURE 73: PUBLIC TRUST BENCHMARKS
Value of services for the taxes paid to Clearwater
The overall direction that Clearwater is taking
Job Clearwater government does at welcoming citizen
involvement
Job Clearwater government does at listening to citizens
Overall image or reputation of Clearwater
Below
Below
Below
Below
Below
Below
Similar
Below
Below
Similar
On average, residents of the City of Clearwater gave the highest evaluations to their own local
government and the lowest average rating to the Federal and State governments. The overall quality
of services delivered by the City of Clearwater was rated as "excellent" or "good" by 70% of survey
participants. The City of Clearwater's rating was similar to the benchmark when compared to other
communities in the United States. Ratings of overall City services have fluctuated over the last five
years, but these changes may be due to the different ways in which this question has been asked in
the past.
FIGURE 74: RATINGS OF SERVICES PROVIDED BY LOCAL, STATE AND FEDERAL GOVERNMENTS BY YEAR
Services provided by
City of Clearwater
. 2008
2006
2003
92%
Services provided by
the Federal Government
41 %
Services provided by
the State Government
Services provided by
Pinellas County
Government
54%
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
The National Citizen SurveyTM
42
Item # 11
Attachment number 3
Page 45 of 104
City of Clearwater I 2008
FIGURE 75: SERVICES PROVIDED BY LOCAL, STATE AND FEDERAL GOVERNMENTS BENCHMARKS
Services provided by the City of
Clearwater
Services provided by the Federal
Government
Services provided by the State
Government
Pinellas County government general
Similar
Similar
Similar
Similar
Similar
Above
Similar
Similar
The National Citizen SurveyTM
43
Item # 11
Attachment number 3
Page 46 of 104
City of Clearwater I 2008
City of Clearwater Employees
The employees of the City of Clearwater who interact with the public create the first impression
that most residents have of the City of Clearwater. Front line staff who provide information, assist
with bill paying, collect trash, create service schedules, fight fires and crime and even give traffic
tickets are the collective face of the City of Clearwater. As such, it is important to know about
residents' experience talking with that "face." When employees appear to be knowledgeable,
responsive and courteous, residents are more likely to feel that any needs or problems may be
solved through positive and productive interactions with the City of Clearwater staff.
Those completing the survey were asked if they had been in contact with a City employee either in-
person or over the phone in the last 12 months; the 53 % who reported that they had been in
contact were then asked to indicate overall how satisfied they were with the employee in their most
recent contact. City employees were rated highly; 75% of respondents rated their overall
impression as "excellent" or "good." Employee ratings were similar to the national benchmark.
Ratings of employee courtesy in 2008 were similar to ratings received in 2006.
FIGURE 76: PROPORTION OF RESPONDENTS WHO HAD CONTACT WITH CITY EMPLOYEES IN PREVIOUS 12 MONTHS BY
YEAR
Had in-person or phone
contact with an employee
of the City of Clearwater
within the last 12 months
53%
2003 2006
. 2008
0%
25%
50%
75%
100%
Percent "yes"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 77: CONTACT WITH CITY EMPLOYEES BENCHMARKS
Had contact with city employee(s) in last 12
months
Below
Below
The National Citizen SurveyTM
44
Item # 11
Attachment number 3
Page 47 of 104
City of Clearwater I 2008
FIGURE 78: RATINGS OF CITY EMPLOYEES (AMONG THOSE WHO HAD CONTACT) BY YEAR
. 2008
2006
2003
Courtesy
94%
95%
Knowledge
Responsiveness
Overall impression
0%
25%
50%
75%
100%
Percent "excellent" or "good"
Differences in ratings over time may be at least partially attributable to changes in question wording and response
options.
FIGURE 79: RATINGS OF CITY EMPLOYEES (AMONG THOSE WHO HAD CONTACT) BENCHMARKS
City employee courteousness
Overall
The National Citizen SurveyTM
45
Item # 11
Attachment number 3
Page 48 of 104
City of Clearwater I 2008
RESIDENT PRIORITIES
Knowing where to focus limited resources to improve residents' opinions of local government
requires information that targets the services that are most important to residents. However, when
residents are asked what services are most important, they rarely stray beyond core services - those
directed to save lives and improve safety.
In market research, identifying the most important characteristics of a transaction or product is
called Key Driver Analysis. The key drivers that are identified from that analysis do not come from
asking customers to self-report which service or product characteristic most influenced their
decision to buy or return, but rather from statistical analyses of the predictors of their behavior.
When customers are asked to name the most important characteristics of a good or service,
responses often are expected or misleading - just as they can be in the context of a citizen survey.
For example, air travelers often claim that safety is the primary consideration in their choice of an
airline, yet key driver analysis reveals that frequent flier perks or in-flight entertainment predicts
their buying decisions.
In local government core services - like fire protection - invariably land at the top of the list
created when residents are asked about the most important local government services. And core
services are important. But by using Key Driver Analysis, our approach digs deeper to identify the
less obvious, but more influential services that are most related to residents' ratings of overall
quality of local government services. Because services focused directly on life and safety remain
essential to quality government, it is suggested that core services should remain the focus of
continuous monitoring and improvement where necessary - but monitoring core services or asking
residents to identify important services is not enough.
A Key Driver Analysis (KDA) was conducted for the City of Clearwater by examining the
relationships between ratings of each service and ratings of the City of Clearwater's overall services.
Those key driver services that correlated most highly with residents' perceptions about overall City
service quality have been identified. By targeting improvements in key services, the City of
Clearwater can focus on the services that have the greatest likelihood of influencing residents'
opinions about overall service quality.
Services found to be most strongly correlated with ratings of overall service quality from the
Clearwater Key Driver Analysis were:
Economic development
Public schools
Emergency preparedness
Police services
The National Citizen SurveyTM
46
Item # 11
Attachment number 3
Page 49 of 104
City of Clearwater I 2008
CITY OF CLEARWATER ACTION CHART
The 2008 City of Clearwater Action Chart'M on the following page combines three dimensions of
performance:
Comparison to resident evaluations from other communities. When a comparison is available,
the background color of each service box indicates whether the service is above the benchmark
(green), similar to the benchmark (yellow) or below the benchmark (red).
Identification of key services. A black key icon next to a service box indicates that service is key
(either core or key driver)
Twenty-six services were included in the KDA for the City of Clearwater. Of these, 10 were above
the benchmark, five were below the benchmark and 10 were similar to the benchmark (no
comparison was available for beach maintenance).
Considering all performance data included in the Action Chart, a jurisdiction typically will want to
consider improvements to any key driver services that are not at least similar to the benchmark. In
Clearwater, economic development and public schools were below the benchmark and police
services were similar to the benchmark. More detail about interpreting results can be found in the
next section.
Services with a high percent of respondents answering "don't know" were excluded from the
analysis and were considered services that would be less influential. See Appendix A: Complete
Survey Frequencies, Frequencies Including "Don't Know" Responses (beginning on page 62) for the
percent "don't know" for each service.
The National Citizen SurveyTM
47
Item # 11
FIGURE 80: CITY OF CLEARWATER ACTION CHART™
Attachment number 3
Page 50 of 1 04
City of Clearwater I 2008
#-==============================
Community Design
Environmental Sustainability
Recreation and Wellness
Civic Engagement
City Services
~-==============================~
Beach
maintenance
<'
J'
,
I
I
I
I
I
I
"
"
"
"
"
I
I
I
I
,
Pu bl ic Sa fety
~ ==============================
~~~~===~~~~~==~~~~~~~=~~~=~~~~~~=~~
~
"
"
"
"
"
I
I
The National Citizen SurveyTM
48
Item # 11
Attachment number 3
Page 51 of 104
City of Clearwater I 2008
Using Your Action Chartlll
The key drivers derived for the City of Clearwater provide a list of those services that are uniquely
related to overall service quality here. Those key drivers are marked by key symbols in the action
chart. Because key driver results are based on a relatively small number of responses, the
relationships or correlations that define the key drivers are subject to more variability than is seen
when key drivers are derived from a large national dataset of resident responses. To benefit the
City of Clearwater, NRC lists the key drivers derived from tens of thousands of resident responses
from across the county. This list is updated every three years so that you can compare your key
drivers to the key drivers from the entire NRC data set. Where your locally derived key drivers
overlap national key drivers, it makes sense to focus even more strongly on your keys. Similarly,
when your local key drivers overlap your core services, there is stronger argument to make for
attending to your key drivers that overlap with core services. In the following table, we have listed
your key drivers, core services and the national key drivers and we have indicated the City of
Clearwater key drivers that overlap core services or the nationally derived keys.
FIGURE 81: KEY DRIVERS COMPARED
Code enforcement ./
Emergency preparedness ./
EMS ./
Fire ./
Garbage collection ./
Land use planning and zoning ./
Public information services ./
Sewer ./
Storm ./
Street ./
Water ./
The National Citizen SurveyTM
49
Item # 11
Attachment number 3
Page 52 of 104
City of Clearwater I 2008
"Don't know" responses have been removed from the following questions.
Within walking distance of your home 13% 26% 34% 27% 100%
In your neighborhood or any nearby
neighborhood 15% 38% 30% 17% 100%
Within 10 minutes of home 19% 39% 28% 15% 100%
Within 30 minutes of your home 25% 23% 27% 25% 100%
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
Total
24%
44%
19%
14%
100%
Mostly office with some retail 8% 41% 29% 22%
Mostly hotel with some retail 9% 36% 25% 31% 100%
Mostly retail with some residential, office
or hotel 21% 39% 22% 17% 100%
Retail only 17% 35% 21% 27% 100%
The National Citizen SurveyTM
50
Item # 11
Attachment number 3
Page 53 of 104
City of Clearwater I 2008
FREQUENCIES EXCLUDING "'DON'T KNOW" RESPONSES
Clearwater as a place to live 22% 60% 15% 2% 100%
Your neighborhood as a place to live 31% 45% 18% 6% 100%
Clearwater as a place to raise children 17% 43% 33% 7% 100%
Clearwater as a place to work 12% 38% 33% 17% 100%
Clearwater as a place to retire 26% 41% 24% 9% 100%
The overall quality of life in Clearwater 17% 58% 22% 3% 100%
Sense of community 6% 41% 40% 12% 100%
Openness and acceptance of the community towards people of
diverse backgrounds 9% 47% 34% 11 % 100%
Overall appearance of Clearwater 13% 54% 28% 6% 100%
Cleanliness of Clearwater 13% 52% 29% 7% 100%
Overall quality of new development in Clearwater 7% 43% 37% 13% 100%
Variety of housing options 10% 46% 31% 13% 100%
Overall quality of business and service establishments in
Clearwater 11 % 48% 35% 5% 100%
23% 52% 19% 6% 100%
to attend cultural activities 14% 48% 30% 9% 100%
Recreational 26% 48% 22% 4% 100%
5% 29% 40% 26% 100%
Educational opportunities 11 % 44% 37% 8% 100%
Opportunities to participate in social events and activities 14% 47% 33% 6% 100%
Opportunities to volunteer 24% 52% 21% 3% 100%
Opportunities to participate in community matters 12% 47% 30% 11 % 100%
Ease of car travel in Clearwater 9% 34% 38% 20% 100%
Ease of bus travel in Clearwater 8% 29% 36% 27% 100%
Ease of bicycle travel in Clearwater 11 % 33% 34% 22% 100%
Ease of walking in Clearwater 13% 38% 32% 17% 100%
Availability of paths and walking trails 21% 100%
Traffic flow on major streets 4% 100%
Amount of public parking 4% 100%
Availability of affordable quality housing 3% 100%
The National Citizen SurveyTM
51 Item # 11
Attachment number 3
Page 54 of 104
City of Clearwater I 2008
Availability of affordable quality child care 5% 29% 41% 25% 100%
Availability of affordable quality health care 9% 38% 34% 20% 100%
Availability of affordable quality food 11 % 49% 33% 8% 100%
Availabi of health services 9% 42% 34% 15% 100%
11 % 48% 36% 5% 100%
of overall natural environment in Clearwater 14% 48% 32% 7% 100%
Overall or of Clearwater 14% 53% 28% 5% 100%
Quality of beach 41% 44% 13% 2% 100%
Population growth 2% 5% 34% 39% 19% 100%
Retai I growth (stores, restaurants,
etc.) 5% 17% 57% 15% 5% 100%
Jobs growth 30% 51% 16% 2% 1% 100%
Not a problem
Minor problem
Moderate problem
Major problem
Total
10%
37%
42%
11 %
100%
Violent crime (e.g., rape, assault,
19% 45% 19% 13% 4% 100%
Property crimes (e.g., burglary,
th eft) 12% 41% 21% 19% 7% 100%
Environmental hazards,
toxic waste 26% 41% 20% 9% 3% 100%
The National Citizen SurveyTM
52
Item # 11
Attachment number 3
Page 55 of 104
City of Clearwater I 2008
In your neighborhood
during the day 61% 32% 3% 3% 1% 100%
In your neighborhood after
dark 30% 41% 11 % 13% 4% 100%
In Clearwater's downtown
area the 37% 40% 13% 9% 1% 100%
In Clearwater's downtown
area after dark 10% 25% 23% 29% 13% 100%
No
Yes
Total
84%
16%
100%
No
Yes
Total
24%
76%
100%
The National Citizen SurveyTM
53
Item # 11
Attachment number 3
Page 56 of 104
City of Clearwater I 2008
Used Clearwater public libraries or their services 24% 24% 29% 12% 11 % 100%
Used Clearwater recreation centers 45% 25% 17% 7% 7% 100%
Participated in a recreation program or activity 59% 22% 11 % 3% 5% 100%
Visited a neighborhood park or City park 14% 25% 39% 12% 10% 100%
Attended a meeting of local elected officials or
other local public meeting 76% 17% 6% 1% 0% 100%
Watched a meeting of local elected officials or
other local public meeting on cable television 44% 31% 17% 6% 2% 100%
Read Clearwater Newsletter advertisement (C-
News) in the St. Petersburg Times 33% 22% 21% 10% 14% 100%
Visited the City of Clearwater Web site (at
www.myclearwater.com) 41% 24% 24% 7% 4% 100%
Recycled used paper, cans or bottles from your
home 20% 8% 12% 9% 51% 100%
Volunteered your time to some group or activity
in Clearwater 62% 16% 10% 5% 7% 100%
Participated in religious or spiritual activities in
Clearwater 43% 15% 11 % 7% 24% 100%
Participated in a club or civic group in
Clearwater 68% 14% 7% 4% 6% 100%
Provided help to a friend or neighbor 4% 23% 38% 19% 17% 100%
Visited a Clearwater beach 9% 19% 36% 16% 20% 100%
Used alternative transportation (carpool, bike,
etc.) 49% 18% 14% 5% 13% 100%
Watched a meeting of local elected officials or
other local on a video 77% 12% 7% 3% 1% 100%
Just about everyday 28%
Several times a week 29%
Several times a month 19%
Once a month 9%
Several times a year 6%
Once a year or less 5%
Never 4%
Total 100%
The National Citizen SurveyTM
54
Item # 11
Attachment number 3
Page 57 of 104
City of Clearwater I 2008
Police services 22% 54% 18% 6% 100%
Fire services 41% 51% 7% 1% 100%
Ambulance or emergency medical services 41% 47% 11 % 1% 100%
Crime prevention 11 % 48% 31% 10% 100%
Fire prevention and education 18% 52% 25% 6% 100%
Traffic enforcement 11 % 48% 26% 15% 100%
Street repair 7% 44% 35% 14% 100%
Street cleaning 12% 51% 29% 8% 100%
Street lighting 13% 55% 28% 5% 100%
Sidewalk maintenance 8% 49% 30% 13% 100%
Traffic signal timing 6% 36% 30% 28% 100%
Bus or transit services 14% 42% 26% 18% 100%
Garbage collection 36% 53% 11 % 0% 100%
Recycling 29% 48% 16% 7% 100%
Yard waste pick-up 34% 46% 18% 3% 100%
Storm drainage 13% 100%
Drinking water 10% 100%
Sewer services 13% 100%
City parks 30% 100%
Recreation programs or classes 21% 53% 22% 3% 100%
Recreation centers or faci I ities 22% 54% 22% 2% 100%
Land use, planning and zoning 4% 34% 35% 27% 100%
Code enforcement (weeds, abandoned buildings, etc) 6% 36% 37% 21% 100%
Economic development 4% 31% 43% 21% 100%
Services to seniors 12% 49% 28% 11 % 100%
Services to youth 8% 47% 32% 13% 100%
Services to low-income people 9% 34% 34% 23% 100%
Public library services 36% 52% 11 % 1% 100%
Public information services 14% 57% 24% 5% 100%
Public schools 13% 41% 30% 16% 100%
Cable television 18% 50% 27% 6% 100%
Emergency preparedness (services that prepare the community
for natural disasters or other emergency situations) 20% 53% 22% 5% 100%
Preservation of natural areas such as open space, farmlands
and greenbelts 14% 45% 25% 15% 100%
Beach Maintenance 24% 53% 21% 3% 100%
Natural gas utility (Clearwater Gas) 15% 52% 27% 6% 100%
The National Citizen SurveyTM
55
Item # 11
Attachment number 3
Page 58 of 104
City of Clearwater I 2008
The City of Clearwater 13% 57% 24% 6% 100%
The Federal Government 5% 35% 40% 21% 100%
The State Government 5% 37% 41 % 18% 100%
Pinellas County Government 8% 46% 37% 9% 100%
No
Yes
Total
47%
53%
100%
Knowledge
Responsiveness
Courtesy
Overall impression
31%
36%
31%
The value of services for the taxes paid to Clearwater 7% 41% 35% 17% 100%
The overall direction that Clearwater is taking 5% 42% 34% 18% 100%
The job Clearwater government does at welcoming citizen
involvement 5% 38% 36% 21% 100%
The job Clearwater government does at listening to citizens 5% 30% 37% 29% 100%
Recommend living in Clearwater to
someone who asks 34% 48% 12% 6% 100%
Remain in Clearwater for the next five
years 50% 34% 10% 6% 100%
The National Citizen SurveyTM
56
Item # 11
Attachment number 3
Page 59 of 104
City of Clearwater I 2008
Very positive
Somewhat positive
Neutral
Somewhat negative
Very negative
Total
2%
8%
25%
47%
18%
100%
Within walking distance of your home 13% 26% 34% 27% 100%
In your neighborhood or any nearby
neighborhood 15% 38% 30% 17% 100%
Within 10 minutes of your home 19% 39% 28% 15% 100%
Within 30 minutes of your home 25% 23% 27% 25% 100%
Somewhat support
Somewhat oppose
Strongly oppose
Total
44%
19%
14%
100%
office with some retail 8% 41% 29% 22%
hotel with some retail 9% 36% 25% 31%
Mostly retail with some residential, office
or hotel 21% 39% 22% 17% 100%
Retail only 17% 35% 21% 27% 100%
The National Citizen SurveyTM
57
Item # 11
Attachment number 3
Page 60 of 104
City of Clearwater I 2008
No 33%
Yes, full-time 57%
Yes, part-time 10%
Total 100%
Motorized vehicle (e.g., car, truck, van, motorcycle, etc...) by myself
Motorized vehicle (e.g., car, truck, van, motorcycle, etc...) with other children or
adults
Bus, rail, subway or other public transportation
Bicycle
Bicycle
Work at home
Other
76%
9%
2%
2%
2%
9%
0%
Less than 2 years
2 to 5 years
6 to 1 0 years
11 to 20 years
More than 20 years
Total
15%
17%
16%
21%
31%
100%
House attached to one or more houses (e.g., a duplex or townhome)
Building with two or more apartments or condominiums
Mobile home
Other
Total
8%
50%
0%
2%
100%
The National Citizen SurveyTM
58
Item # 11
Attachment number 3
Page 61 of 104
City of Clearwater I 2008
Rented for cash or occupied without cash payment
Owned by you or someone in this house with a mortgage or free and clear
Total
39%
61%
100%
Less than $300 per month
$300 to $599 per month
$600 to $999 per month
$1,000 to $1,499 per month
$1,500 to $2,499 per month
$2,500 or more per month
Total
2%
15%
33%
20%
21%
9%
100%
No
Yes
Total
78%
22%
100%
No
Yes
Total
69%
31%
100%
Less than $24,999
$25,000 to $49,999
$50,000 to $99,999
$100,000 to $149,000
$150,000 or more
Total
18%
32%
33%
11 %
6%
100%
The National Citizen SurveyTM
59
Item # 11
Attachment number 3
Page 62 of 104
City of Clearwater I 2008
No, not Spanish, Hispanic or Latino
Yes, I consider myself to be Spanish, Hispanic or Latino
Total
93%
7%
100%
American Indian or Alaskan Native
Asian, Asian Indian or Pacific Islander
Black or African American
White
Other
Total may exceed 100% as respondents cou Id select more than one option
2%
3%
7%
86%
6%
19%
35 to 44 years 12%
45 to 54 years 23%
55 to 64 years 16%
65 to 74 years 12%
75 years or older 14%
Total 100%
Female
Male
Total
54%
46%
100%
No
Yes
Inel
Total
to vote
12%
87%
1%
100%
The National Citizen SurveyTM
60
Item # 11
Attachment number 3
Page 63 of 104
City of Clearwater I 2008
No
Yes
Inel
Total
to vote
22%
75%
4%
100%
The National Citizen SurveyTM
61
Item # 11
00
o
o
N
.....
Q)
ro
~
ru
Q)
U
'+-
o
..q
U
'+-
o
.....
iJ)
..Q
E
::J
C
r\l
......
o
......
.....
o
"
c
"
iJ)
...J::
......
<.fl
r\l
iJ)
~
<.fl
r\l
>-
.....
o
b.O
iJ)
......
r\l
U
iJ)
<.fl
C
o
0.
<.fl
iJ)
.....
...J::
U
r\l
iJ)
.....
o iJ)
'+- b.O
<.fl r\l
...... ......
c c
iJ) iJ)
"'0 U
C .....
o iJ)
0.0.
<.fl iJ)
iJ)...J::
..... ......
'+- 0
o ......
iJ) X
~iJ)
C c
iJ) >-
U .....
(j) 0
o.~
iJ) ......
...J:: r\l
...... u
c-5
r\l r\l
C iJ)
o .....
u,E
<.fl <.fl
iJ) ......
..Q C
r\l iJ)
......"'0
iJ) C
<.fl 0
iJ) 0.
...J:: <.fl
f- ~
M '" ,- M M
,- 0 0 0 ,-
'" '" '" '" '"
cJ2. cJ2. cJ2. cJ2. cJ2.
00000
00000
M '" '"
o 00 ~ M
~ eft. eft. eft. ~
:::, en M 0 :::,
,- M N 00 M
l' l' 0 en N
~ ~ eft. ~ ~
~ ~ If) ro ~
OOOMoen
M '" 0 en en
N
cJ2. cJ2. cJ2. cJ2. cJ2.
00 00 '" ,- N
N N N N
'" 0 ~ M '"
,- ~ M ~ 0
M N N N l'
cJ2. cJ2. cJ2. cJ2. cJ2.
l' '" l' '" '"
l' M M M en
M M N M M
~ 0 '" ~ N
cJ2. cJ2. cJ2. cJ2. cJ2.
,- en 0 M '"
M N
c
Q) Q)
.2: -0
.....
Q)
ro
~
ru
Q)
e:: u
c
.8 ..c
u
Q) ...0<:
V1 (;
~ 3:
.8
Q)
u
ru
Q.
ru
Q)
B ~
.8
V1
ru
-0
o
o
..c
.....
o
..0
~QjQjQj~
OJ ~ ~ ~ OJ
c 3: 3: 3: >
:...... :...... :...... :...... 0
:J ru ru ru Q)
o Q) Q) Q) ..c
>- U U U I-
Q)
u
ru
Q.
ru
Q)
u
ru
Q.
ru
Q)
u
ru
Q.
ru
V1
ru
V1
ru
V1
ru
'+-
o
C
ru
:J
0-
l'
o
'"
"'"
o
o
o
00
M
"'"
o
en
N
00
"'"
o
N
'"
~
N
"'"
o
00
M
~
'"
N
"'"
o
'"
M
'"
M
"'"
o
~
C
:J
E
E
o
u
Q)
-5
'+-
o
Q)
u
c
ru
Q.
Q)
c U
:J ~
E -0
E c
o ru
u
..q
V1
'+- :il
o C Q)
OJ C ~
V1 Q) Q)
C Q. >
JS 0:0
M '" ,- ~ ~
00,- 0 0
'" '" '" '" '"
cJ2. cJ2. cJ2. cJ2. cJ2.
00000
00000
~ l' en
en en
~ l'
cJ2. cJ2. cJ2. cJ2. cJ2.
'" ,- ,- '" ~
'" ,- '" l' 00
~ l' l' 00 00
cJ2. cJ2. cJ2. cJ2. cJ2.
o ~ '" N N
'" l' l' l' '"
,- '" 0 M 0
N N N N
cJ2. cJ2. cJ2. cJ2. cJ2.
,- '" '" M '"
M N N M N
en 0 ~ ~ N
o 00 ~ '" 0
M M M N M
cJ2. cJ2. cJ2. cJ2. cJ2.
M l' ,- '" M
l' en en M l'
'" 00 '" en en
en 00 00 l' ~
~ eft. eft. ~ ~
ro N M :D '"
'+-
o
Q)
Q.
o
Q)
Q.
V1
-0
.....
ru
3:
.8
..q
.....
Q)
ro
3:
.....
ru
Q)
U
C
.....
Q)
ro
3:
.....
ru
Q)
U
'+-
o
c
Q)
E
Q.
o
Q)
>
..... Q)
Q) -0
ro 3:
~ Q)
ru C
Q)
U
V1
C
o
.~ cfl
o .E
OJ)
C
~ N N ,- ~ l'
o ;- ;- ;- 0 0
'" '" '" '" '" '"
cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
000000
000000
'" _ ,- N en l'
~') L1") M ~ I"-..
cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
NO'" l' ~ ;::::
'" ~ '" '" ~ 0
M l' en N en en
~ ~ ~ ~ eft. ~
o 0 0 0 N 0
en ~ 00 l' N '"
o M ~ 0 l' ~
l' M '" en M M
N N N
cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
l' '" '" ,- M M
M NNMM
M '" l' ~ l' en
M ~ ,- N '" '"
M M M M N
cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
'" N l' ~ en '"
l' en l' l' N M
'" M M ~ '" '"
'" ~ '" '" N ~
eft. eft. eft. eft. ~ eft.
,- M Men;' 0
,- N N
C
V1
C
Q)
E
..c
V1
..0
.r:J
V1
Q)
Q)
U
>
.....
Q)
V1
-0
C
ru
V1
Q)
....
>
"'S
ru
ru
.....
.2
:J
U
V1 -0
Q) C
.Z ~
ro
.8
'+-
o
'+- .q :9
~ ~ ~
~ 0- 0
>-
Q)
V1
V1
Q)
C
'+-
o
..q
C
.2
.....
o
Q. V1
Q. Q)
o ....
OJ)
C
Q.
Q.
o
..c
Vl
ru
C ~
~ CO
o Q)
Q. .....
Q. U
o ~
':)UI 'JajUaJ 4:)JeaSa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
...--
...--
:tt:
E
Q)
......
N
~
V1
Q)
'';:;
C
.2
.....
o
Q.
Q.
o
ru
C
o
.~
U
:J
-0
L.l.J
00
o
o
N
~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ M 0 ~ 0 00
o 0 ~ ~ 0 0 ~ 0 0 0 00 0 0 0 ~ 0 ~ 0
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
.....
Q)
ro
~
ru
Q)
U
'+-
o
..q
U
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ 0
o ~
~
~ ~
~
~ ~
N
o ~ ~ ~ ~ ~ N N 00 0 ~ ~
~ M M ~ ~ ~ 0 ~ M N
~ ~
N
~ ~ N
M ~ N
~
~ 0 ~ 0 ~
;:::: 00 ~ ~ ~
~ ~ ~ ~ N ~ ~ ~
00 ;:::: ~ 00 M ~ M
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ;:::: ~ ~ ~ N ~ ro N ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Li') ...0 0 00 ;- 0 0 0 0 7 N 7 0 0 0 0 0 0
N M N ~ ~ ~ ~ ~ M N ~ M N ~
~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ 0 ~ ~ ~ ~
N ~ ~ ~ 00 N ~ ~ ~ ~ M ~ ~ ~ ~ N ~ 00
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
00 ~ ~ N ~ 0 N N ~ ~ 0 ~ N ~ ~ ~ ~ N
N M N N M N ~ M M N N M N M M N
M 0 ~ ~ ~ ~ M 00 ~ ~ ~ 00 ~
M ~ ~ N 00 ~ ~ ~ ~ ~ ~ ~ ~
~ N 00 ~ ~
M N N ~ ~
N M M M N
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ 0 M 00 ~ ~ N ~ ~ M ~ N ~ ~ ~ ~ ~ N
~ ~ M N M ~ N N N M ~ M ~ ~ ~ ~
~ 0 ~ ~ ~ 0 0 ~ ~ 00 ~ N ~ 0 ~ M 00 ~
~ ~ ~ M ~ ~ ~ N N ~ ~ ~ ~ ~ ~ ~
eft. eft. ~
o 0 0
N ~
eft. eft. eft. eft. eft. eft. eft. eft. eft. ~ t ~ ~ ~ ~
~ ~ M ~ ~ M M N ~ '~~ ~
V1
.....
~
ro
E
.q
C
:J
E
E
o
u
c
Q)
ro
Q.
U
....
.....
ru
Q.
.8
V1
Q)
....
.....
Q)
ro
Qj Qj 3:
ro ro ~
3: ~ Q)
ro ru U
Q) Q) C
U U
c c
Q)
>
ru
Z
Q)
>
ru
Z
..... V1
ru :J
U ..0
..:!2
ru
Z
OJ)
c
Qj ...0<:
ro ru
3: 3:
..... -0
ru c
Q) ru
g2 U
ru c
Z
V1
Q)
Q) OJ)
Z c
V1 ...0<:
.....
ru
Q.
U
Q)
Q) .....
..... ru
OJ) ru u
c U
-0 -5
ru
Q)
..c
..q
V1
:J
o
..c
..q
..c
u
..q
Q)
U
>-
U
..0
OJ)
C
...0<:
ru
3:
V1
..c
ro
Q.
ru
:J
0-
Q)
..0
ru
-0
.....
o
:::::
ru
ru
:J
0-
Q)
..0
ru
-0
.....
o
:::::
ru
c
.2
.....
o
Q.
Q.
o
c -S '+-
o Q. 0
6 a .q
'+- '+- '+- '+- ...0 <:i= C
o 0 0 0 ru U :J
&;&;&;&;~~O
Li3 Li3 Li3 Li3 <( ~ ~
'+-
o
..q
ru
:J
0-
Q)
..0
ru
-0
.....
o
:::::
ru
-0
o
..2
.q
ru
:J
0-
Q)
..0
ru
-e
o
:::::
ru
V1
Q)
U
>
.....
Q)
V1
~
ru
Q)
..c
Q)
.2:
C
Q)
>
Q)
.....
Q.
.....
Q)
ro
~
ru
Q)
U
c
.....
Q)
ro
c 3:
Q) .....
E :il
~ U
.....
>
c
Q)
ru
.....
:J
ro
c
'+-
o
C
o
ro
"5
Q.
Q)
.....
..... ..c
o U
Q) ru
OJ) Q)
ru ..0
E
'+- '+- '+- '+-
000 0
..q ..q ..q ..q ..q
ru
.....
Q)
>
o
'+-
o
..q
..0 ..0 ..0 ..0 ..0 ru
ru ru ru ru ru :J
ru ru ru ru ru 0- ro
> > > > >
<( <( <( <( <( <(
ru
.....
Q)
:J >
0'0
'+-
o
..q
ru
:J
0'
~ ~
o ~
~ ~
cJ2. cJ2.
o 0
o 0
~ M
cJ2. cJ2.
~ 0
o ~
~ ~
eft. ~
M ~
cJ2. cJ2.
~ ~
M
~ ~
M ~
cJ2. cJ2.
~ N
u
Q)
V1~
C
ru
.....
:J
.23
V1
Q)
.....
V1~
Q)
.....
.8
$
..c
~
o
.....
OJ)
..c
~
o
.....
OJ)
'(ii V1
Q) ..0
c.:: ..Q,
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
...--
...--
:tt:
E
Q)
......
M
~
00
0
0 M I'... ;- 00 <.D N en
N 00 en ;- '" M 0 0 '" '" 0 0 0 0
N en 0 I'... <.D <.D I'... I'... I'... I'...
en N N <.D '" I'...
.....
OJ
ro "'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0 0 0
~ 0 0 0 0 0 0 0
0 0 0 0 0 0 0
ru
OJ
U ;- I'... M
'+- N N
0 00 en en I'... N
..q "'" "'" "'" "'" "'"
"'" 0
U 0 0 0 0 0 "'"
0 N <.D 0 M "'" "'" "'" "'"
00 0 0
M M 0 0 N "'" "'" 0 0
N N 0 0 0 I'...
,- ,-
00 '" en
00 N I'... I'...
"'" "'" "'" "'"
0 ...--
0 0 0 ,-
,- ;- ,- ,- ...--
:tt:
M ;- en ,- E
N '" en I'... Q)
......
"'" "'" "'"
0 0
M 00 0
00 "'" "'"
"'" 0 "'" 0
0 M 0 ;-
M 00 N
0 ,- ;-
M ;- N
;- 0 '" ;-
N 00 I'... M
;-
"'" "'" "'" <.D
"'" 0 0 0
0 ,- ,- '"
M ,- ,-
M '" N en
N 00 en ;-
N N N
"'" "'" "'" "'"
0 0 0 0
,- ,- <.D ,-
M ;- M N
<.D 0 <.D I'...
N ,- M en
;- N N
"'" "'" "'" "'"
0 0 0
0 0 ;- 0
U <.D M M 00
2' ><
OJ .8
-5 OJ) OJ
C ...0<:
~ -0 -5 ..... ru ru
ru OJ OJ
..... :J OJ) -0 ..... .....
ru c ru ru
OJ) u .>:: .....
c OJ C C
..... :J .:::: 3: 3:
:J
..0 V1~ -0 ru 0 0
-0 -0 -0 C C
cb ..... 0 0
ru 0 0 3: 3:
E 2!. N ..c ..c 0 0
OJ ru ..... ..... -0 -0
V1 ..c 0 0
E E ..0 E OJ ..0 ..0 V1 >- V1
OJ 0 OJ E ru ..c ..c -..... ru -.....
OJ ..... C OJ OJ
..0 Q. ..0 3: .>:: OJ) OJ) ro -0 ro
..0 OJ
0 0 OJ 0 0 u E OJ OJ ~ OJ ~ ...0<:
..... ..... ro ..... c >. >- c c -5 .....
Q. Q. Q. ...0<: t:: c ..... ..... ru ru ru
..... ..... ..... ..... 0 :J :J OJ) -0
ru 0 OJ 0 =-- OJ OJ ..... ~ 0 0 OJ C OJ
a c -0 .(u C ru ..0 Q. V1 >- >- U .>:: U .....
0 0 a ..0 0 > >- OJ
c ru c ru :J .::::
Z ~ ~ ~ 0 0 ..... 3: c c c
I- ..... D... L.l.J - -0 -0 ru
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
0
0 ,- M 0 '" M I'... N
N en ,- M 0 '" '" '" 0 '" '"
00 ,- <.D 0 I'... <.D <.D <.D I'... <.D <.D
..... en ,- I'... '" '" ,-
OJ N 00 M N
ro "'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0 0 0
~ 0 0 0 0 0 0 0
0 0 0 0 0 0 0
ru
OJ
U
"- 00 ,- <.D <.D '" '"
0 ;- M <.D N '" N
..q "'"
U "'" "'" "'" 0
0 0 0
M <.D 0
0 "'" "'"
00 "'" "'" 0 "'" "'" 0 "'"
0 0 0 0 0 ;- 0
I'... en 0 N ;-
"'" "'" "'"
"'" 0
0 0 0
;- ;- 0 <.D N 0 00 '" N 00
N I'... N 0 ;- N 00 M I'...
...--
"'" "'" "'" "'" "'" "'" ...--
0 0
0 0 N 0 0 0 :tt:
I'... M ,- <.D
E
00 ,- 00 ;- Q)
'" ,- ......
,- I'... I'... ;- ,- ;-
,- N ,-
"'" "'" "'" "'" 0
0 0 0
I'... 0 I'... ,-
<.D N
I'... 0 M
en
"'" "'" "'" "'" "'" "'"
0 0 0 0 0 0
en N en I'... ,- N
N N N M N N en
<.D
en <.D '" N ,- '" ;-
,- 0 '" M ,- N 00
M ;- en M N N
"'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0 0 0
en '" ;- <.D ;- M ,-
;- en I'... ;- M ;-
OJ
ro ro -5
u u
..Q 0 c
..... ..... Vi'
OJ OJ
..c ..c 3:
a a OJ
..q ..... ..... Z
0 0 U
> V1 V1
"'S ru ru C ro
ru ...0<: 'u U OJ
.....
..... ru 8:: 8:: E .~
0 Q. 0 0 OJ
E C V1 V1
V1 -0 -0 C '';:; ..0
..... ru OJ OJ .....
OJ ..... U U U 0 OJ OJ
C OJ) > S
0 ..... OJ OJ V1 -0
OJ 0
U ..... OJ OJ > ru .....
Q. ...0<: OJ ..... OJ
C C ..... ro ro ~ ~ ro
0 ru u u ~
0 Q. Q)
.~ .~ 0 ..Q OJ E
-0 Vi ru
OJ OJ 0 "- "- ..0 3: OJ 0
..... ..... 0 0 0 ru u
u u u OJ V1 U ....:
OJ OJ ..c OJ) OJ) Z OJ OJ
..... ..... C C c E "-
..... 0 ro
..... .~ 0 ..... 0
OJ ru ..0 Q) OJ I- ..q ~
ro c ..c OJ OJ) OJ ro
OJ) E c E OJ) ru
3: 3: ..... u
3: 3: -0 OJ Q) :J OJ
..... ru ru ..... OJu
0 0 ru OJ c OJ ru ..0
c C OJ ro ru -0 E -0 OJ V1 -5 >-
.....
...0<: ...0<: U Q. OJ OJ U OJ E
-0 -0 U ..c Q) -0
=-- =-- -0 U ~ C U -0 ~ 3:
c ru c ru '';:; ::0 ro D...
0 V1 0 a 0 V1 0 a OJ ..... V1 ~ ru V1 3:
OJ OJ V1 ru -< :J S OJ
Z >- 0 I- Z >- 0 I- :J D... > Q. c.:: Vl > 3:
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
0
0 en 00 00 ,- ;- ;- 0
N '" '" '" 0 '" '" 0 <.D M en M M 00 '"
<.D <.D <.D I'... <.D <.D I'... 0 M <.D ;- M N 0
N I'...
.....
OJ
ro "'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0 0 0
~ 0 0 0 0 0 0 0
0 0 0 0 0 0 0
ru
OJ
U
"- en '" ,- I'... 0 N "'" "'" "'"
0 <.D ,- ;- en "'" "'" "'" "'" 0
;- ;- '" 0 0 0
,- '" '" 0 0 0 0
..q N '" <.D en ;- 0
U
"'" "'" "'" "'" "'" "'" "'"
0 0 0 0
0 ;- 0 I'... 0 M 0
I'... N <.D N ,-
;- <.D 0 M ,- I'... N
M ;- M M ,- M N
,-
...--
"'" "'" "'" "'" "'" "'" "'" ...--
0 0
0 0 0 '" <.D 0 0 :tt:
en I'... ;- en M
E
M '" Q)
N <.D 0 en 0 ......
I'... I'... en <.D ;- '" en
N N
"'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0
0 ,- 0 00 <.D ;- 0
,- I'... M M I'...
0 ;- '" 0 I'...
,- 0 '" <.D
,-
"'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0 0 0
<.D en ;- M '" 00 N
N <.D
<.D
M ;- <.D 00 N M 00
M 0 I'... N <.D ;- M
;- M ;- M en
"'" "'" "'" "'" "'" "'" "'"
0 0 0 0 0
N M 00 0 0 '" I'...
<.D ;- <.D ;- '" ;- I'...
.....
OJ ro
ro u
~ 0
ru .....
c OJ OJ
..... U ..c
U OJ a
c c ro Q) .....
.2: 3: OJ~ 0
U V1 ..... ...0<: V1
OJ ru
ru .... OJ ..0 ru
..... .2: U u
0 0 8::
Q. U C ..... 0 0
:J ru 0 Q. 0
0 ro Q. ..0 ..... -0 OJ
..... :J ..c ru OJ -0
OJ) .2 0 OJ) -S U '>
.....
OJ .;: OJ) OJ C OJ OJ)
E '0.. u c 0 OJ C
0 V1 .2: ..... yg ro E
V1 ..... 0 ..c
.8 0 u u ..... u ru
..... -0 ru 0 ..Q OJ
V1 0 C OJ Q. Z
OJ :J OJ ..0 V1 "- V1 -5
E 0 ..0 .;: ..... c 0 ...0<:
:J "- ru OJ c .....
.... OJ) OJ ru OJ) 0 ru V1
..... u ru ro z c c OJ OJ V1
:J OJ .8 .~ 0 3: E >- OJ
..... ru 3: OJ
0 ..... > OJ OJ) ru ru ru .....
>- c C Q. ru .~ c ..c 0
E V1 V1 C V1
-0 OJ OJ Q) OJ OJ OJ .....
OJ ..... -0 -0 ..c U c ru E E 0 E ru
..... OJ OJ OJ ..... OJ E OJ
OJ ro ro ro -0 ru i!J -0 E '';:; '';:; '';:; >-
OJ Q. Q. OJ ro OJ ru ru
C 3: 'u :g -0 ..c u ro ro ro .....
..... u i!J -0 U ..... ..... OJ ..... OJ OJ
:J ru '';:; '';:; > ro ::0 OJ OJ U OJ U > ru
- OJ ..... ..... 0 V1 OJ > > c > c a
0_ ru ru ..... V1 S :J OJ OJ OJ OJ
> U D... D... D... > :J Q. Vl Vl 0 Vl 0 Z I-
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
o
o
N
.....
Q)
ro
~
ru
Q)
U
'+-
o
..q
U
~ ~ ~ ~ ~ ~ 00 N M ~ ~ 0 ~ N 0 ~ ~ ~ ~ 00 ~ ~ 0 0 ~
o ~ ~ ~ 00 ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ ~ 00 ~ 00 00 00 00 00 ~ 00
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
M ~ 0 00 ~
N M N ~ ~ ~ ~ ~ ~
cJ2. cJ2. cJ2.
00 ~ ~
~ ~
~ ~ ~ ~ 00 ~ ~ 0 ~ ~ ~
00 ~ ~ ~ ~ ro ~ 0 ~ ~ ~ ~ 00 ~ ~ ~
eft. ~
o 0
M 00
~ ~ ~ ~ ~ cJ2. ~ cJ2. cJ2. cJ2. ~ cJ2. ~ cJ2. cJ2. cJ2.
o 0 0 0 0 ~ 0 M N N 0 ~ 0 00 ~ 0
~ ~ N ~ M ~ ~ N ~ ~ M N M
o ~
~ N
~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ N
~ ~ ~ ~ cJ2. cJ2. ~ ~ cJ2. cJ2. cJ2. ~ ~
o 0 0 0 M 7 0 0 M 00 0 0 0
~ ~ ~ ~ ~ ~ N 0 ~
N ~ ~ ~
~ ~ ~ ;::::
~ ~ eft. eft.
o 0 ~ ~
~ ~ N
~ ~ eft. ~ ~ ~ ~
oONoOOO
NOON ~ N N N
~ ~
~ M
N
o ~ M ~ 0 0 ~ ~ 00 ~ 0 00 ~ ~
~ 00 ~ ~ 0 ~ ~ ~ 00 00 ~ ~ ~ 0
cJ2. cJ2.
~ ~
N M
cJ2. cJ2. cJ2. cJ2.
~ ~ 00 ~
N N N N
cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
~ 0 ~ ~ ~ ~ N
N N N
cJ2. cJ2. cJ2.
~ ~ ~
~ ~ N 0 ~ ~ ~ ~ ~ ~
~ ~ ~ ~ 0 ~ M ~ ~ ~
N N N N M N M M M N
~ ~ ~ 00 ~ M N ~ ~ M
~ M 00 ~ 00 ~ M M N ~
M N N N N M M N N
cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
N 00 ~ ~ ~ N 00 ~ ~ ~ M ~ N ~ N 00 00 ~ M 00
~ M M M ~ ~ ~ ~ ~ M N ~ ~ M ~ M ~ ~ M M
~ M M 00 ~ ~ ~ ~ M 00 M 0 ~ M ~
N N ~ 00 ~ ~ 00 00 ~ M ~ ~ ~ 00 ~
~ ~ ~
~ ~ ~
cJ2. cJ2. ~ cJ2. cJ2. ~ cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2. cJ2.
~ ~ ~ M 0 ~ N N 00 ~ 00 ~ ~ ~ ;:::: 0 ;:::: ~ M ~
V1
Q)
U
>
.....
Q)
V1
ru
u
-0
Q)
E
>-
u
c
Q)
OJ)
.....
Q)
E
Q)
c
o
.~
Q)
>
Q)
.....
Q.
Q)
E
V1
Q)
OJ) U
c '>
.....
Q)
V1
V1
Q)
U
Q.
:J
~
U
Q.
i!J
OJ) V1
c ru
3:
-0
.....
ru
>-
c
o
U
Q)
o
u
Q)
OJ)
ru
..0
.....
ru
LJ
E
Q)
OJ)
ru
c
ru
.....
-0
E
.....
o
Vl
.....
Q)
ro
3: 2:
OJ) Q)
C V1
...0<:
C
OJ)
C
c
ru
Q)
u
....
ru V1
c C
OJ) ru
Z
.....
o
~
OJ)
ru
Q.
Q)
.....
V1
...0<:
.....
ru
Q.
..q
V1
u
>-
U
Q)
c.::
cJ2. cJ2. cJ2. cJ2.
~ ~ N N
N N ~ ~
~
~ 0
~
~
...--
...--
:tt:
E
Q)
......
u
Q)
V1~
OJ)
C
::g
:J
..0
-0
Q)
C
o
-0
C
OJ) ru
c ..0
ru
C
o
U N
..... ru -0
o '+- c
(; ru
~ C
c Q)
c E
ru Q)
Q. ~
..2
1ii E :il :il
Q) 0 U U
-0 C > >
00..... .....
U ~ JS JS
V1
Q)
V1
V1
ru
U
V1
Q)
....
V1~
-0
Q)
Q)
~
c
Q)
E
Q. V1
o (;
Q) C
> Q)
~ V1
U .8
..c
"5
o
>-
.8
Q)~
V1
:J
-0
C
ru
....J
':)UI 'JajUaJ 4:)JeaSa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
00
o
o
N
.....
Q)
ro
~
ru
Q)
U
'+-
o
..q
U
-0 -0 0 l'
00 00 00 0'>
-0 -0 -0 -0
cJ2. cJ2. cJ2. cJ2.
o 0 0 0
o 0 0 0
l' l' -0 '"
0'> -0 0'> -0
cJ2. cJ2. cJ2. cJ2.
l' l' 0'> 0
N N
l' ~ R: ~
~ ~ eft. ~
~ ;. N ~
00 M In '"
-0 N l' -0
cJ2. cJ2. cJ2. cJ2.
000,- l'
N N
0'> 0'> '" ,-
o 0'> 0'> ,-
M N M
cJ2. cJ2. cJ2. cJ2.
In l' 0'> In
l' l' N l'
o N M N
N I'-. ~ ~
eft. eft. ~ eft.
M ~ ~ 1.0
V1
Q)
U
>
.....
Q)
V1
V1
Q)
U
>
.....
&; .~
E
.....
..2
c
c
o
c
V1 0
o V1
o '>
..c Q)
~ ~
u U U Q)
..0 ..0 ..0 ..0
:J :J :J ru
D... D... D... U
,-
00
-0
"'"
o
o
o
,-
N
"'"
o
00
00
N
"'"
o
l'
l'
N
"'"
o
00
0'>
0'>
N
"'"
o
l'
l'
o
,-
,-
"'"
o
-0
c
c V1
:J -0
E c
~ ~
U .....
Q)Vi'~
-5 c
Q) 0
~ .~
Q.:J
OJ:'!:::: C
..... V1 Q)
Q. >- Q.
ro ~ 0
-= OJ cfl
V1 OJ) ru
f:j Qj -6
E :J
Q) V1
V1
ru
Q)
.....
ru
ro
.....
:J
ro
C
Mlnoo
00 00 '"
-0 -0 -0
cJ2. cJ2. cJ2.
000
000
In l' -0
-0 In ~
eft. ~ eft.
o ro 00
In
-0"'-0
0'>
eft. ~ ~
l' ~ ~
In 0 -0
In M '"
cJ2. cJ2. cJ2.
M 0'> ,-
N ,-
o M 00
00 M l'
N M
cJ2. cJ2. cJ2.
,- 0'> N
l' l' N
00 0 N
00 In l'
eft. eft. ~
M N 0
N -0
-0
C
ru
Q)~
U
ru
Q.
V1
2: .....
Q) Q)
rJl Q) ~
';-5 3:
:il 2 ro
{30 Q)
e::~ :::lS:!.
ruQ) C
o...tn ro
Q) ru '+- C
~V10 Q)'"5
'-'-:.0 C c
Gro o..:f! ru
1ii :3'~ ~
~ ro 2::
Q) C &;
E ..... e::
L.l.J..2 D...
Vi'
ru
LJ
..q
V1
ru
OJ)
'" 0 l' In
0'> 0'> 0'> 0'>
-0 -0 -0 -0
cJ2. cJ2. cJ2. cJ2.
o 000
o 000
00 0'> In l'
N 00 00 '"
cJ2. cJ2. cJ2. cJ2.
l' M N ;::::
0'> In 0 '"
M N ~ If')
~ eft. eft. ~
:D 00 -0 ro
M 0'> 00 0
-0 M l' M
N N N
cJ2. cJ2. cJ2. cJ2.
MIn-oM
N M M M
MO'>MIn
00 0 N 00
M N N N
cJ2. cJ2. cJ2. cJ2.
In 0 N ,-
In M M l'
In 00 00 00
00 N N l'
cJ2. cJ2. cJ2. cJ2.
N l' l' '"
c
Q)
E
C
C CD
Q) >
E 0
C LJ
Qj >-
> C
o :J
ru LJ 0
Qj Q) U
U 1] ro
u... Vl
Q) Q) Q) Q)
..c ..c ..c C
I- I- I- D...
c
..... Q)
Q) E
ro C
~ Qj
ru >
Q) 0
U LJ
'+-
o
..q
V1
ru
0'> In l'
N -0 0'>
M M -0
~ ~ eft.
o 0 0
~ ~ 0
...--
...--
:tt:
E
Q)
......
00
-0
V1 ru
o Q) a
Z >- I-
':)UI 'JajuaJ 4:)Jeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
00
o
o
N
.....
Q)
ro
~
ru
Q)
U
'+-
o
..q
U
,- N N
000
l' l' l'
cJ2. cJ2. cJ2.
000
000
en l' l'
cJ2. cJ2. cJ2.
l' l' l'
l' en ,-
l' N M
cJ2. cJ2. cJ2.
~ ~ 00
000-0
-0 en -0
cJ2. cJ2. cJ2.
en l' -0
M en 0
-0 -0 '"
cJ2. cJ2. cJ2.
,-,-N
l' l' l'
0'> 0 ,-
,- l' N
,-
cJ2. cJ2. cJ2.
o en 0
M M M
V1
V1
Q)
C
Q)
>
V1
C
o
Q.
V1
Q)
c.::
>-
V1
Q) ru
t::: .....
:J Q)
o >
U 0
C
o
V1
V1
Q)
.....
Q.
E
M
o
'"
"'"
o
o
o
00
00
"'"
o
M
M
,-
,-
"'"
o
-0
o
,-
N
"'"
o
o
M
00
en
N
"'"
o
'"
M
M
M
"'"
o
en
00 0
0'> 0
-0 '"
cJ2. cJ2.
o 0
o 0
M '"
o 0
N N
cJ2. cJ2.
0'> 0
N M
N
o
"'"
o
en
00
'"
"'"
o
en
N
00
00
"'"
o
'"
N
'"
N
"'"
o
l'
C
Q)
.~
....
U
OJ)
C
E
o
u
Q)
3:
cfl ~ ~
V1
Q)
o
-0
C
Q)
E
C
.....
Q)
>
o
OJ)
..... V1
Q) Q)
ro 0
3: -0
..... C
ru Q)
Q) E
u C
.....
Q)
>
o
OJ)
ro
-E
C
o
..... .....
Q) Q)
ro ro
3: 3:
..... .....
:il c :il
~ U E U
Q) ...0 Q) ...0
6 0 > 0
Q) ';0 Q)
..c ..c > ..c
I-l-cl-
"'S
Q)
.....
-0
M 0'>
,- 0
'" '"
cJ2. cJ2.
o 0
o 0
'" ,-
N
cJ2. cJ2.
N M
M 0
l' l'
cJ2. cJ2.
-0 -0
...--
...--
V1
C
Q)
N
....
u
.8
OJ)
C
C
~
V1
en 0'>
00 -0
:tt:
E
Q)
......
cJ2. cJ2.
N 0
0'>
-0
,- '"
M M
M N
cJ2. cJ2.
-0 M
l' M
00 N
M l'
N M
cJ2. cJ2.
M 00
M l'
o
..c
3:
Q)
C
o
Q)
E
o
V1
.8
.....
Q)
ro
~
ru
Q)
U
C
OJ)
C
.2:
V1
.....
ru
Q)
>-
Q)
>
<.;:
x
Q)
C
Q)
-E
.....
o
'+-
.....
Q)
ro
3:
.....
ru
Q)
U
C
-0
C
Q)
E C
E ru
o V1 E
U...O<:
Q) V1 Q)
c.:: ru c.::
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
0
0 ;- ,- ,-
N M en 00 N '" I'... 00 00 <.D en ;- 0 ,- '" 0
en I'... M N 0 <.D <.D <.D en 00 N '" en ,-
M I'... N I'...
.....
OJ
ro "'" "'" "'"
0 0 0
~ 0 0 0
0 0 0
ru
OJ
U "'"
"- 00 0 M "'" "'" "'" "'"
0 "'" "'" "'" "'" N en 0 0 0 0 "'" 0
"'" "'" 0 0 0
0 0 0 0 N 0 I'... M
..q 0 0 en I'... 00 N ;- 00 0
N 00 N ;- 0
U "'" "'" "'"
0 0 0
M M 00
;- <.D N
,- '" en
,-
"'" "'" "'" ...--
0 0 0 ...--
I'... ;- M
N :tt:
E
Q)
'" en <.D ......
'" 00 <.D
"'" "'" "'"
0 0 0
'" I'... en
N N N
,- <.D I'...
en en M
N N
0
"'" "'" "'" I'...
0 0 0
I'... 00 ,-
M M N
,- M M
0 N en
"'" "'" "'"
0 0 0
en 00 M
N
OJ OJ
E E
0 0
...c ...c
.....
:J
0
>-
"- "-
0 0
OJ OJ V1 V1 ....
> > OJ OJ ..... OJ
.~ 0 V1
'';:; "5 "5 t:: Q. 0 OJ
V1 OJ) C C 0 Q. Q. V1
OJ 0 OJ OJ Q. :J Q. 0
> Q. C > E E Q. V1 0 Q. 3:
:~ ro ro .~ :J ro ro Q.
0 0 V1 0 0
V1 ...c ...c OJ) M ~ ...c ...c ~ c
0 3: ro 3: OJ 3: 3: ...0<:
Q. C C C OJ) OJ)
OJ ..... OJ OJ OJ ::--
>- E "5 E >- ru -5 :€ c E E c c ru
..... OJ ..... a 0 0 0 a
OJ 0 0 OJ S S ..... 0 0 .....
> Vl Z Vl > l- V) Vl Vl V) 0 I-
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
0
0 ,- '" ,- I'...
N N ,- ;- N
<.D <.D <.D <.D
.....
OJ 0 N I'... '"
ro "'" "'" "'" "'" M 0 '"
0 0 0 0 <.D
~ 0 0 0 0 N ;- <.D
0 0 0 0 "'" "'" "'" "'" "'" "'" "'"
0
ru <.D 0 0 0 0 0 0
OJ I'... '" N N N '" 0
U
"- 00 '" 0 '"
0 M 00 ,- <.D
..q ,-
U
"'" "'" "'" "'"
0 0 0 0
N ,- I'... I'...
N M N
,- N N M
00 en ;- M
...--
...--
"'" "'" "'" "'" "'" "'" "'" "'" :tt:
0 0 0 0 0
'" en N ,- 0 0 0 0
N N N N M I'... 0 0 E
M en
Q)
......
N ,- M ,-
en N en N
N N N N
"'" "'" "'" "'"
0 0 0 0
,- <.D '" en
;- M M M
~
:J
0 I'... <.D en -0
M 0 ru
en en .....
0
C ,-
OJ
"'" "'" "'" "'" ..... I'...
0 0 ::g
0 0 ,- I'...
00 '"
N ..c
U
:= .....
OJ
OJ ..c
V1 (5
>-
E :e
>-
..0 3:
u u
Q) Q)
OJ~ OJ~
OJ U U
(5 >- >-
u u c
..c ..... ..... 0
0 0
..... (5 (5 yg
0
OJ E E .....
u 0
8:: c~ c~ Q.
V1
0 ru ru c
> > ru
ru ..:L.~ ..:L.~ ;:;
.~ U U U
:J :J ::0
OJ ;:; ;:;
ru ru :g .....~ .....~ :J
Q) Q) V1 ru ru Q.
..... OJ U U .....
..... ..... OJ
OJ OJ OJ cb cb ..c
E E E (5
0 0 0 2!. 2!. .....
V1 V1 V1 0
:e OJ OJ
-5 :e u u >-
3: ru
3: 3: ..c ..c 3: OJ
OJ OJ OJ OJ ..0 E
u OJ E > > :J
ru 0
8:: (5 Q) ~ -0 -0 V1 ..c
....
0 ..c ..... c , OJ OJ -
N N ro
>- >- >- 0 :J .;: .;: ru OJ OJ
-.::; -.::; -.::; "- 0 0 ..... U U ..:L. .....
V1 V1 V1 ru ru >- >- ..... OJ
0 0 0 Q) 0 V1~ V1~ (5 (5 (5 V1~ U U 0 ..c
~ ~ ~ OJ OJ ~ ~ :J S 6
c.:: z >- >- I- co co co
':)UI 'JajuaJ 4:)Jeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
00
0
0
N
<.D N ;- '" 0 ;-
..... <.D 0 <.D M ,- N '"
M N N en ;- <.D
OJ N ,- en N N M I'...
ro ,- N I'...
~
ru
OJ
U
'+-
0
..q
U
"'" "'"
0
"'" 0 0
"'" "'" "'" "'" 0 ,- 0
0 0 0 0 0 <.D
00 0 0 N 0
en
"'" "'" "'" "'" "'"
0
0 0 0 0 0
I'... <.D ,- ,- 0 ...--
N M ...--
:tt:
E
Q)
......
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
M
I'...
...c ...c
...c C C ...c
C ...c ...c 0 0 C
0 C C E E 0
E 0 0 ..... ..... E
E E OJ OJ .....
..... Q. Q. OJ
OJ ..... ..... '" '" Q.
Q. OJ OJ '" '"
Q. Q. OJ
0 1'~ 1'~ .....
0 '" '" 0
M '" '" ,- N E
Vl- en '" Vl- Vl-
Vl- Vl- .8 .8 .....
c 0
ru .8 .8 0 0 0
-E 0 0 0 0 0
V1 O~ en en ru ru ru
V1 0 0 a 0 V1 a 0 V1 a
OJ M <.D ,- ,- N OJ OJ
....J Vl- Vl- Vl- Vl- Vl- I- Z >- I- Z >- I-
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
0
0
N en ;- I'... M 0 '" M
N ,- N I'... ;- I'... N '" I'... ,- N
..... N N <.D N '" ,- ;- <.D ;-
OJ en ;- 0
ro <.D I'...
~
ru
OJ
U "'"
'+- "'" "'" "'" "'" "'" 0
0 0 0 0 0 0 0
00 N M ,-
..q M M ,- <.D 0
"'"
U "'" "'" "'" 0 "'"
0 0 0 <.D 0
N M I'... 00 <.D
"'" "'"
"'" 0
0 0
M 0
'" I'... 0
...--
...--
:tt:
E
Q)
......
;-
I'...
C
0
.~
0
OJ
C
0
c
ru
-E
OJ
.....
0 0
c E
ro u
....J OJ
..... OJ
0 V1
U ::g
C :J
ru 0
Q. U
V1 V1
I ..... C
OJ OJ
0 ..c OJ -0 -0
C V1 > C C
.~ C .~ ru 0
ru V1 Q.
....J Q. Z V1
..... Vl U OJ
0 ~ .....
OJ C V1
U ..0 ru u c ru
...0<: ru ru
c .8 V1 D... U "'"
0 ru ru .;: 0
Q. := ..... 0
0 V1 OJ <( 0 OJ 0
'" '" 0 I V1 ..... c E
'" '" '" "'~ OJ >- 0 ru <(
'" '" '" ;- ..... E c -0
"'~ "'~ 0 ..c -0 c OJ
'" ,- E V1 ..... ru c ru OJ
;-~ ;- '" Vl- OJ -0 U U
C ><
N Vl- Vl- .8 ..... -0 C C .;:
0 ru OJ
Vl- .8 .8 Q. V1 ru '+-
c 0 0 Vl C C V1 <( >-
ru 0 0 0 0 0 ru <( ..... ru
-E 0 0 0 0 a u u 0 E
o~ 0 o~ o~ c .;: c~ ...0<: .~ .....
V1 o~ ru ru OJ ru u OJ ru
V1 en 0 en a o~ V1~ a E ru ..c ..c a
OJ N en ,- ,- OJ V1 S 6
....J Vl- Vl- Vl- Vl- I- Z >- I- <( <( co I-
':)UI 'JajuaJ 4:)Jeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
00
o
o
N
.....
OJ
ro
~
ru
OJ
U
'+-
o
..q
U
'" -0 N
00 -0 ;::::
l' 00 00
00 0"1 ;:::::
cJ2. cJ2. cJ2. cJ2.
N M -0 N
N
~ eft.
o 0
l' 0
l' 0 l'
00 M ,,-
M M '"
en
'"
00 en
00 ~
00
'" 00 ,,-
'"
~ ~ eft.
o ~I""\ eft. eft. 0
N ro ,,- ,,- 0
...--
...--
:tt:
E
Q)
......
~ ~ eft.
o 0 0
~ ~ 0
..... OJ
OJ a
V1 V1 V1 V1 -0
..... ..... ..... ..... 0 >
ru ru ru ru
OJ OJ OJ OJ ..... .8 3:
>- >- >- >- 0 0
l' l' l' l' V1 c
l' en -0 '" ..... OJ ...0<:
ru
.8 .8 .8 .8 OJ ru OJ =--
>- ru E ru c ru
a ru a 0 V1 OJ 0 a
en en en en en OJ OJ
M l' en -0 '" I- u... ~ I- Z >- c 0 I-
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
00
0
0
N en <.D '"
en M <.D M ,-
..... en N I'...
OJ
ro
~
ru
OJ
U
'+-
0
..q
U "'" "'" "'"
"'" "'" 0
0 0 0
N ;- 0 0
N I'... ;- 0 0
...--
...--
:tt:
E
Q)
......
<.D
I'...
OJ
a
>
.8 3:
OJ 0
C
..0 ...0<:
OJ) =--
V1 c ru
0 OJ OJ 0 a
z >- c 0 I-
':)UI 'JajuaJ 4:)Jeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
Attachment number 3
Page 79 of 104
City of Clearwater I 2008
The National Citizen SurveyTM was developed to provide local jurisdictions an accurate, affordable
and easy way to assess and interpret resident opinion about important community issues. While
standardization of question wording and survey methods provide the rigor to assure valid results,
each jurisdiction has enough flexibility to construct a customized version of The National Citizen
SurveyTM that asks residents about key local services and important local issues.
Results offer insight into residents' perspectives about local government performance and as such
provide important benchmarks for jurisdictions working on performance measurement. The
National Citizen SurveyTM is designed to help with budget, land use and strategic planning as well
as to communicate with local residents. The National Citizen SurveyTM permits questions to test
support for local policies and answers to its questions also speak to community trust and
involvement in community-building activities as well as to resident demographic characteristics.
SURVEY VALIDITY
The question of survey validity has two parts: 1) how can a jurisdiction be confident that the results
from those who completed the questionnaire are representative of the results that would have been
obtained had the survey been administered to the entire population? and 2) how closely do the
perspectives recorded on the survey reflect what residents really believe or do?
To answer the first question, the best survey research practices were used for the resources spent to
ensure that the results from the survey respondents reflect the opinions of residents in the entire
jurisdiction. These practices include:
Using a mail-out/mail-back methodology, which typically gets a higher response rate than
phone for the same dollars spent. A higher response rate lessens the worry that those who did
not respond are different than those who did respond.
Selecting households at random within the jurisdiction to receive the survey. A random
selection ensures that the households selected to receive the survey are similar to the entire
population. A non-random sample may only include households from one geographic area, or
from households of only one type.
Over-sampling multi-family housing units to improve response from hard-to-reach, lower
income, or younger apartment dwellers.
Selecting the respondent within the household using an unbiased sampling procedure; in this
case, the "birthday method." The cover letter included an instruction requesting that the
respondent in the household be the adult (18 years old or older) who most recently had a
birthday, irrespective of year of birth.
Contacting potential respondents three times to encourage response from people who may
have different opinions or habits than those who would respond with only a single prompt.
Soliciting response on jurisdiction letterhead signed by the highest ranking elected official or
staff member, thus appealing to the recipients' sense of civic responsibility.
Providing a self-addressed, postage-paid return envelope.
Offering the survey in Spanish when appropriate and requested by City officials.
Using the most recent available information about the characteristics of jurisdiction residents to
weight the data to reflect the demographics of the population.
The answer to the second question about how closely the perspectives recorded on the survey
reflect what residents really believe or do is more complex. Resident responses to surveys are
influenced by a variety of factors. For questions about service quality, residents' expectations for
The National Citizen SurveyTM
77
Item # 11
Attachment number 3
Page 80 of 104
City of Clearwater I 2008
service quality playa role as well as the "objective" quality of the service provided, the way the
resident perceives the entire community (that is, the context in which the service is provided), the
scale on which the resident is asked to record his or her opinion and, of course, the opinion, itself,
that a resident holds about the service. Similarly a resident's report of certain behaviors is colored
by what he or she believes is the socially desirable response (e.g., reporting tolerant behaviors
toward "oppressed groups," likelihood of voting a tax increase for services to poor people, use of
alternative modes of travel to work besides the single occupancy vehicle), his or her memory of the
actual behavior (if it is not a question speculating about future actions, like a vote), his or her
confidence that he or she can be honest without suffering any negative consequences (thus the
need for anonymity) as well as the actual behavior itself.
How closely survey results come to recording the way a person really feels or behaves often is
measured by the coincidence of reported behavior with observed current behavior (e.g., driving
habits), reported intentions to behave with observed future behavior (e.g., voting choices) or
reported opinions about current community quality with objective characteristics of the community
(e.g., feelings of safety correlated with rates of crime). There is a body of scientific literature that has
investigated the relationship between reported behaviors and actual behaviors. Well-conducted
surveys, by and large, do capture true respondent behaviors or intentions to act with great
accuracy. Predictions of voting outcomes tend to be quite accurate using survey research, as do
reported behaviors that are not about highly sensitive issues (e.g., family abuse or other illegal or
morally sanctioned activities). For self-reports about highly sensitive issues, statistical adjustments
can be made to correct for the respondents' tendency to report what they think the "correct"
response should be.
Research on the correlation of resident opinion about service quality and "objective" ratings of
service quality tend to be ambiguous, some showing stronger relationships than others. NRC's own
research has demonstrated that residents who report the lowest ratings of street repair live in
communities with objectively worse street conditions than those who report high ratings of street
repair (based on road quality, delay in street repair, number of road repair employees). Similarly,
the lowest rated fire services appear to be "objectively" worse than the highest rated fire services
(expenditures per capita, response time, "professional" status of firefighters, breadth of services and
training provided). Whether some research confirms or disconfirms that relationship between what
residents think about a community and what can be seen "objectively" in a community, NRC has
argued that resident opinion is a perspective that cannot be ignored by government administrators.
NRC principals have written, "If you collect trash three times a day but residents think that your
trash haul is lousy, you still have a problem."
SURVEY SAMPLING
"Sampling" refers to the method by which survey recipients were chosen. All households within the
City of Clearwater were eligible to participate in the survey; 3,000 were selected to receive the
survey. These 3,000 households were randomly selected from a comprehensive list of all housing
units within the City of Clearwater boundaries. The basis of the list of all housing units was a
United States Postal Service listing of housing units within zip codes. Since some of the zip codes
that serve the City of Clearwater households may also serve addresses that lie outside of the
jurisdiction, the exact geographic location of each housing unit was compared to jurisdiction
boundaries, using the most current municipal boundary file (updated on a quarterly basis), and
addresses located outside of the City of Clearwater boundaries were removed from consideration.
The National Citizen SurveyTM
78
Item # 11
Attachment number 3
Page 81 of 104
City of Clearwater I 2008
To choose the 3,000 survey recipients, a systematic sampling method was applied to the list of
households known to be within the City of Clearwater. Systematic sampling is a procedure
whereby a complete list of all possible items is culled, selecting every Nth one until the appropriate
amount of items is selected. Multi-family housing units were over sampled as residents of this type
of housing typically respond at lower rates to surveys than do those in single-family housing units.
An individual within each household was selected using the birthday method. The birthday method
selects a person within the household by asking the "person whose birthday has most recently
passed" to complete the questionnaire. The underlying assumption in this method is that day of
birth has no relationship to the way people respond to surveys. This instruction was contained in
the cover letter accompanying the questionnaire.
SURVEY ADMINISTRATION
Selected households received three mailings, one week apart, beginning July 2008. The first
mailing was a prenotification postcard (in English and Spanish) announcing the upcoming survey.
The next mailing contained a letter from the city manager inviting the household to participate, a
questionnaire and a postage-paid return envelope. The final mailing contained a reminder letter,
another survey and a postage-paid return envelope. The second cover letter asked those who had
not completed the survey to do so and those who have already done so to refrain from turning in
another survey. If desired, respondents could call a toll-free telephone number at the city and
request a copy of the survey in Spanish. Completed surveys were collected over the following six
weeks.
SURVEY RESPONSE RATE AND CONFIDENCE INTERVALS
Five-hundred-and-four of the surveys mailed were returned because the housing unit was vacant or
the postal service was unable to deliver the survey as addressed. Of the 2,496 households receiving
the survey mailings, 735 completed the survey, providing a response rate of 29%. In general,
response rates obtained on local government resident surveys range from 25% to 40%.
In theory, in 95 cases out of 100, the results based on the number of responses obtained will differ
by no more than four percentage points in either direction from what would have been obtained
had responses been collected from all City of Clearwater adults. This difference from the presumed
population finding is referred to as the sampling error (or the "margin of error" or 95% confidence
interval"). For subgroups of responses, the margin of sampling error is larger. In addition to
sampling error, the practical difficulties of conducting any survey of the public may introduce other
sources of error. For example, the failure of some of the selected adults to participate in the sample
or the difficulty of including all sectors of the population, such as residents of some institutions or
group residences, may lead to somewhat different results.
SURVEY PROCESSING (DATA ENTRY)
Completed surveys received by NRC were assigned a unique identification number. Additionally,
each survey was reviewed and "cleaned" as necessary. For example, a question may have asked a
respondent to pick two items out of a list of five, but the respondent checked three; NRC staff
would choose randomly two of the three selected items to be coded in the dataset.
Once all surveys were assigned a unique identification number, they were entered into an
electronic dataset. This dataset was subject to a data entry protocol of "key and verify," in which
survey data were entered twice into an electronic dataset and then compared. Discrepancies were
The National Citizen SurveyTM
79
Item # 11
Attachment number 3
Page 82 of 104
City of Clearwater I 2008
evaluated against the original survey form and corrected. Range checks as well as other forms of
quality control were also performed.
SURVEY DATA WEIGHTING
The demographic characteristics of the survey sample were compared to those found in the 2000
Census and 2006 American Community Survey estimates and other population norms for adults in
the City. Sample results were weighted using the population norms to reflect the appropriate
percent of those residents. Other discrepancies between the whole population and the sample were
also aided by the weighting due to the intercorrelation of many socioeconomic characteristics.
The variables used for weighting were housing tenure (rent or own), race (white or not white), age
and gender. This decision was based on:
The disparity between the survey respondent characteristics and the population norms for these
variables
The saliency of these variables in detecting differences of opinion among subgroups
The importance to the community of correct ethnic representation
The historical use of the variables and the desirability of consistently representing different
groups over the years
The primary objective of weighting survey data is to make the survey sample reflective of the larger
population of the community. This is done by: 1) reviewing the sample demographics and
comparing them to the population norms from the most recent Census or other sources and 2)
comparing the responses to different questions for demographic subgroups. The demographic
characteristics that are least similar to the Census and yield the most different results are the best
candidates for data weighting. A third criterion sometimes used is the importance that the
community places on a specific variable. For example, if a jurisdiction feels that accurate race
representation is key to staff and public acceptance of the study results, additional consideration
will be given in the weighting process to adjusting the race variable.
A special software program using mathematical algorithms is used to calculate the appropriate
weights. A limitation of data weighting is that only 2-3 demographic variables can be adjusted in a
single study. Several different weighting "schemes" are tested to ensure the best fit for the data.
The process actually begins at the point of sampling. Knowing that residents in single family
dwellings are more likely to respond to a mail survey, NRC oversamples residents of multi-family
dwellings to ensure their proper representation in the sample data. Rather than giving all residents
an equal chance of receiving the survey, this is systematic, stratified sampling, which gives each
resident of the jurisdiction a known chance of receiving the survey (and apartment dwellers, for
example, a greater chance than single family home dwellers). As a consequence, results must be
weighted to recapture the proper representation of apartment dwellers.
The results of the weighting scheme are presented in the table on the following page.
The National Citizen SurveyTM
80
Item # 11
Attachment number 3
Page 83 of 104
City of Clearwater I 2008
of Unit
Single-family detached 40% 43% 40%
Attached 60% 57% 60%
Ethnicity
Hispanic 12% 5% 7%
Not Hispanic 88% 95% 93%
18-34 25% 8% 24%
35-54 35% 30% 35%
55+ 40% 62% 41%
Gender
Female 53% 56% 54%
Male 47% 44% 46%
* Source: 2000 Census
The National Citizen SurveyTM
81
Item # 11
Attachment number 3
Page 84 of 104
City of Clearwater I 2008
SURVEY DATA ANALYSIS AND REPORTING
The survey dataset was analyzed using the Statistical Package for the Social Sciences (SPSS).
Frequency distributions were presented in the body of the report.
Use of the "Excellent, Good, Fair, Poor" Response Scale
The scale on which respondents are asked to record their opinions about service and community
quality is "excellent," "good," "fair" or "poor" (EGFP). This scale has important advantages over
other scale possibilities (very good to very bad; very satisfied to very dissatisfied; strongly agree to
strongly disagree, as examples). EGFP is used by the plurality of jurisdictions conducting citizen
surveys across the U.S. The advantage of familiarity was one that NRC did not want to dismiss
when crafting The National Citizen SurveyTM questionnaire, because elected officials, staff and
residents already are acquainted with opinion surveys measured this way. EGFP also has the
advantage of offering three positive options, rather than only two, over which a resident can offer
an opinion. While symmetrical scales often are the right choice in other measurement tasks, NRC
has found that ratings of almost every local government service in almost every jurisdiction tend, on
average, to be positive (that is, above the scale midpoint). Therefore, to permit finer distinctions
among positively rated services, EGFP offers three options across which to spread those ratings.
EGFP is more neutral because it requires no positive statement of service quality to judge (as agree-
disagree scales require) and, finally, EGFP intends to measure absolute quality of service delivery or
community quality (unlike satisfaction scales which ignore residents' perceptions of quality in favor
of their report on the acceptability of the level of service offered).
"Don't Know" Responses
On many of the questions in the survey respondents may answer "don't know." The proportion of
respondents giving this reply is shown in the full set of responses included in Appendix A.
However, these responses have been removed from the analyses presented in the body of the
report. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
Benchmark Comparisons
NRC has been leading the strategic use of surveys for local governments since 1991, when the
principals of the company wrote the first edition of what became the classic text on citizen
surveying. In Citizen Surveys: how to do theml how to use theml what they mean, published by
ICMA, not only were the principles for quality survey methods articulated, but both the idea of
benchmark data for citizen opinion and the method for gathering benchmark data were pioneered.
The argument for benchmarks was called "In Search of Standards." "What has been missing from a
local government's analysis of its survey results is the context that school administrators can supply
when they tell parents how an 80 percent score on the social studies test compares to test results
from other school systems..."
NRC's database of comparative resident opinion is comprised of resident perspectives gathered in
citizen surveys from approximately 500 jurisdictions whose residents evaluated local government
services. Conducted with typically no fewer than 400 residents in each jurisdiction, opinions are
intended to represent over 30 million Americans. NRC has innovated a method for quantitatively
integrating the results of surveys that conducted by NRC with those that others have conducted.
The integration methods have been thoroughly described not only in the Citizen Surveys book, but
The National Citizen SurveyTM
82
Item # 11
Attachment number 3
Page 85 of 104
City of Clearwater I 2008
also in Public Administration Review, Journal of Policy Analysis and Management. Scholars who
specialize in the analysis of citizen surveys regularly have relied on this work (e.g., Kelly, j. &
Swindell, D. (2002). Service quality variation across urban space: First steps towards a model of
citizen satisfaction. Journal of Urban Affairs, 24, 271-288.; Van Ryzin, G., Muzzio, D., Immerwahr,
S., Gulick, L. & Martinez, E. (2004). Drivers and consequences of citizen satisfaction: An
application of the American Customer Satisfaction Index Model to New York City, Public
Administration Review, 64, 331- 341). The method described in those publications is refined
regularly and statistically tested on a growing number of citizen surveys in NRC's proprietary
databases. NRC's work on calculating national benchmarks for resident opinions about service
delivery and quality of life won the Samuel C. May award for research excellence from the Western
Governmental Research Association.
The Role of Comparisons
Benchmark comparisons are used for performance measurement. jurisdictions use the comparative
information to help interpret their own citizen survey results, to create or revise community plans,
to evaluate the success of policy or budget decisions, to measure local government performance.
Taking the pulse of the community has little meaning without knowing what pulse rate is too high
and what is too low. When surveys of service satisfaction turn up "good" citizen evaluations,
jurisdictions need to know how others rate their services to understand if "good" is good enough.
Furthermore, in the absence of national or peer community comparisons, a jurisdiction is left with
comparing its fire protection rating to its street maintenance rating. That comparison is unfair.
Streets always lose to fire. More important and harder questions need to be asked; for example,
how do residents' ratings of fire service compare to opinions about fire service in other
communities?
A police department that provides the fastest and most efficient service-one that closes most of its
cases, solves most of its crimes and keeps the crime rate low-still has a problem to fix if the
residents in the community it intends to protect believe services are not very good compared to
ratings given by residents to their own objectively "worse" departments. The benchmark data can
help that police department - or any department - to understand how well citizens think it is
doing. Without the comparative data, it would be like bowling in a tournament without knowing
what the other teams are scoring. NRC recommends that citizen opinion be used in conjunction
with other sources of data about budget, personnel and politics to help managers know how to
respond to comparative results.
jurisdictions in the benchmark database are distributed geographically across the country and range
from small to large in population size. Most commonly, comparisons are made to the entire
database. Comparisons may also be made to subsets of jurisdictions (for example, within a given
region or population category). Despite the differences in jurisdiction characteristics, all are in the
business of providing local government services to residents. Though individual jurisdiction
circumstances, resources and practices vary, the objective in every community is to provide
services that are so timely, tailored and effective that residents conclude the services are of the
highest quality. High ratings in any jurisdiction, like SAT scores in any teen household, bring pride
and a sense of accomplishment.
Comparison of Clearwater to the Benchmark Database
The City of Clearwater chose to have comparisons made to the entire database and a subset of
similar jurisdictions from the database (jurisdictions with a population of at least 64,000 but less
than 150,000). A benchmark comparison (the average rating from all the comparison jurisdictions
The National Citizen SurveyTM
83
Item # 11
Attachment number 3
Page 86 of 104
City of Clearwater I 2008
where a similar question was asked) has been provided when a similar question on the City of
Clearwater Survey was included in NRC's database and there were at least five jurisdictions in
which the question was asked. For most questions compared to the entire dataset, there were more
than 100 jurisdictions included in the benchmark comparison.
Where comparisons are available, Clearwater results are noted as being "above" the benchmark,
"below" the benchmark or "similar to" the benchmark. This evaluation of "above," "below" or
"similar to" comes from a statistical comparison of Clearwater's rating to the benchmark (the rating
from all the comparison jurisdictions where a similar question was asked).
The National Citizen SurveyTM
84
Item # 11
Attachment number 3
Page 87 of 104
City of Clearwater I 2008
The following pages contain copies of the survey materials sent to randomly selected households
within the City of Clearwater.
The National Citizen SurveyTM
85
Item # 11
0)
-0
-0
~
-0
::J
U
~
0)
-0
0)
......
c
0)
-0
<fl
0) '-
'- 0)
o ......
-0 ~
~ 3:
E ~
.~ 0)
~u
'-
0)
......
~
3:
'-
~
0)
U
'-+-
o
C+-1....
U~
,--0
~.-
O)<fl
O~
0)
-0
-0
~
-0
::J
U
~
0)
-0
0)
......
c
0)
-0
<fl
0) '-
'- 0)
o ......
-0 ~
~ 3:
E ~
...... 0)
~u
'-
0)
......
~
3:
'-
~
0)
U
'-+-
o
C+-1....
U~
,--0
~.-
O)<fl
O~
~ '-
~- 0 0 0
0t)0) 0. c......
-0 0) '--0 ~ ~ U
~::J...QO) c EO)
CUo...... 0)>-
,0c<fl:J ~E c2
'u 0) <fl ~ ""' ""' 0.
U o. - 0) 'v 'v
0) ~ c 0)'- 0) <fl- 0) 0)
c~ ~'-......
a:i ::J-o ~-o ~-o:fl
<fl ~:>~E<fl<fl
O C-o :>.-.- 0) ~ C
0) ::J ~ 0. >< M'U 0
-0 '-._ 0) '0 '2 0) ~ u
<fl ~ u- U 0. '- '- ~
~.9- 0) u ~ ~ >-u-o-.
....c u-o 0) c_ '- '-::J2
,-'-2 ~-o ::J ~ 2 tii >- c
bb~ E-o'~ t)...3:! t) ~ ~
o 0..- ~.- 0) 0. 0) ::J '-
C-o...Q::J ::J <fl 0
....c ~ '0 ::J'u u E u '- 0.
~ ~ ~ u ~ ~ 8 ~ ~.~
0) <fl
...... -0
~ c-o 0. -E
.9-0)= >- ~ ~ 0) ....c
u....c.:;: O)....c o.o::J""><:: c......
c'-2 :; :> > ...... c <fl 0)'-':;:
0) ~ ::J ::J ~'3:'~ 19..0 ::J :>
0)0.00<fl ...3:! _O<fl
..0 0..0 >- 0):-= 0. 0):-= >-::J
<fl...... ~ ....c ~ E...Q 3:....><:: 0.0
~-o >-...: ...... E 0) C c_.
....c0)0)0)'-+- O<fl<fl~'-"""
-0...... > ...... 0 0) u ~ Q:j....c 0. u
_u'-~ ....c'-0):>1-a:i0)
o 0) ::J 3: ~...... 0 Cl...:> ....c'0'
....c- <fl '- ......c'-+- <fl. '-
0) 0) ~ 0.- <fl . C <fl '- 0.
<fl <fl C 0) u....><:: c.-=: ~ ::J 0
::J~O)NU ~ 0) 0 0.0'- o'-+- C
o E'- O)'~ C ::J E 0) ~
....c ......'-+- 0):> u.- 0 u......
.- 0 >:> C >- C '-
'- 0 u .- ::J '- >- C ~ 0
::J-g ~ .c ~ x ~.3 ~ 0 > 0.
o ~ c'- 0) 0) C O)....c C -0 E
>- '-._ U '- C._ '- ...... ~ ~._
~ '-
~- 0 0 0
0......0) 0. c......
-0 :fl '--0 ~ U
~::J...QO) ~ EO)
CUo...... C 0)>-
,0c<fl:J ~E c2
'u 0) <fl ~ ""' ""' 0.
U o. - 0) 'v 'v
0) ~ c 0)'- 0) <fl- 0) 0)
c~ '-......
a:i ::J-o ~-o ~E ~-o :fl
<fl ~:>~ <fl<fl
O C-o :>.-.- 0) ~ C
0) ::J ~ 0. >< M'U 0
-0 '-._ 0) '0 '0 0) ~ U
<fl ~ u- u 0. '- '- ~
~.9- 0) U ~ ~ >-u-o-.
....c u-o 0) c_ '- '-::J2
,-'-2 ~-o ::J ~ 2 tii >- C
bb~ E-o'~ t) 0) t) ~ ~
o 0..- ~.- 0) 0. 0) ::J '-
C-o...Q::J ::J <fl 0
....c ~ '0 ::J'u u E u '- 0.
~ ~ ~ u ~ ~ 8 ~ ~.~
0) <fl
...... -0
~ c-o 0. -E
.9-0)= >- ~ ~ 0) ....c
u....c.:;: O)....c o.o::J""><:: c......
c'~ ...... :> > ...... C <fl .- .-
'-...... '-'- 0) 3:
0) ~::J::J::J 3:'~ ie...Q::J
0)0.00<fl ...3:! _O<fl
..0 0..0 >- 0):-= 0. 0):-= >-::J
<fl...... ~ ....c ~ E...Q 3:....><:: 0.0
~-o >-...: ...... E 0) C C_.
....c0)0)0)'-+- O<fl<fl~.-......
-0 t! 2: ~ 0 ~ ~ iil ~....cl- 0.0) ~
o 0) ::J :> >-...... 0- :> .~
....c-<fli::o.c,-+-Cl...<fl .....c2
0) 0) ~ 0.- <fl . C <fl '- 0.
<fl <fl C 0) u....><:: c.-=: ~ ::J 0
::J~~u ~ 0) 0 0.0'- o'-+- C
o E'- O)'~ C ::J E 0) ~
....c ......'-+- 0):> u.- 0 u......
.- 0 >:> C >- C '-
'- 0 u .- ::J '- >- C ~ 0
::J-g ~ .c ~ x ~.3 ~ 0 > 0.
o ~ c'- 0) 0) C O)....c C -0 E
>- '-._ u '- C._ '- ...... ~ ~._
0)'
......
C
0)
E
~
......
C
0)
4:
0)'
......
C
0)
E
~
......
C
0)
4:
>.
0)
'-
0)
u
C
(f)
>.
0)
'-
0)
u
C
(f)
0)
C '-
'- 0)
o 0.0
I ~
C
co ~
E;f
~ >-
......
SU
0)
E '-
o 0)
I gf
C
co ~
E;f
~ >-
......
-U
S
0)
-0
-0
~
-0
::J
U
~
0)
-0
0)
......
C
0)
-0
<fl
0) '-
'- 0)
o ......
-0 ~
~ 3:
E ~
.~ 0)
~U
'-
0)
......
~
3:
'-
~
0)
U
'-+-
o
C+-1....
U~
,--0
~.-
O)<fl
O~
0)
-0
-0
~
-0
::J
U
~
0)
-0
0)
......
C
0)
-0
<fl
0) '-
'- 0)
o ......
-0 ~
~ 3:
E ~
...... 0)
~U
'-
0)
......
~
3:
'-
~
0)
U
'-+-
o
C+-1....
U~
,--0
~.-
O)<fl
O~
~ '-
~- 0 0 0
0t)0) 0. c......
-00)'--0 ~ ~u
~::J...QO) cEO)
CUo...... 0)>-
,0c<fl:J ~E c2
'u 0) <fl ~ ""' ""' 0.
U 0.- 0) 'v 'v
0) ~ C 0)'- 0) <fl- 0) 0)
c~ ~'-......
a:i ::J-o ~-o ~-o:fl
<fl ~:>~E<fl<fl
O C-o :>.-.- 0) ~ C
0) ::J ~ 0. >< M'U 0
-0 '-._ 0) '0 '2 0) ~ U
<fl ~ u- U 0. '- '- ~
~.9- 0) U ~ ~ >-u-o-.
....c u-o 0) c_ '- '-::J2
,-'-2 ~-o ::J ~ 2 tii >- C
bb~ E-o'~ t)...3:! t) ~ ~
o 0..- ~.- 0) 0. 0) ::J '-
C-o...Q::J ::J <fl 0
....c ~ '0 ::J'u u E u '- 0.
~ ~ ~ u ~ ~ 8 ~ ~.~
0) <fl
...... -0
~ c-o 0. -E
.9-0)= >- ~ ~ 0) ....c
u....c.:;: O)....c o.o::J""><:: c......
c'-2 :; :> > ...... C <fl 0)'-':;:
0) ~ ::J ::J ~'3:'~ 19..0 ::J :>
0)0.00<fl ...3:! _O<fl
..0 0..0 >- 0):-= 0. 0):-= >-::J
<fl...... ~ ....c ~ E...Q 3:....><:: 0.0
~-o >-...: ...... E 0) C C_.
....c0)0)0)'-+- O<fl<fl~'-"""
-0...... > ...... 0 0) u ~ Q:j....c 0. u
_u'-~ ....c'-0):>1-a:i0)
o 0) ::J 3: ~...... 0 Cl...:> ....c'0'
....c- <fl '- ......c'-+- <fl. '-
0) 0) ~ 0.- <fl . C <fl '- 0.
<fl <fl C 0) u....><:: c.-=: ~ ::J 0
::J~O)NU ~ 0) 0 0.0'- o'-+- C
o E'- O)'~ C ::J E 0) ~
....c ......'-+- 0):> U.- 0 u......
.- 0 >:> C >- C '-
'- 0 U .- ::J '- >- C ~ 0
::J-g ~ .c ~ x ~.3 ~ 0 > 0.
o ~ c'- 0) 0) C O)....c C -0 E
>- '-._ U '- C._ '- ...... ~ ~._
~ '-
~- 0 0 0
0......0) 0. c......
-o:fl,--o ~u
~::J...QO) ~ EO)
CUo...... C 0)>-
,0c<fl:J ~E c2
'u 0) <fl ~ ""' ""' 0.
U 0.- 0) 'v 'v
0) ~ C 0)'- 0) <fl- 0) 0)
c~ '-......
a:i ::J-o ~-o ~E ~-o :fl
<fl ~:>~ <fl<fl
O C-o :>.-.- 0) ~ C
0) ::J ~ 0. >< M'U 0
-0 '-._ 0) '0 '0 0) ~ U
<fl ~ u- U 0. '- '- ~
~.9- 0) U ~ ~ >-u-o-.
....c u-o 0) c_ '- '-::J2
,-'-2 ~-o ::J ~ 2 tii >- C
bb~ E-o'~ t) 0) t) ~ ~
o 0..- ~.- O)o.O)::J '-
C-o...Q::J ::J <fl 0
....c ~ '0 ::J'u u E u '- 0.
~ ~ ~ u ~ ~ 8 ~ ~.~
0) <fl
...... -0
~ c-o 0. -E
.9-0)= >- ~ ~ 0) ....c
u....c.:;: O)....c o.o::J""><:: c......
c'~ ...... :> > ...... C <fl .- .-
'-...... '-'- 0) 3:
0) ~::J::J::J 3:'~ ie...Q::J
0)0.00<fl ...3:! _O<fl
..0 0..0 >- 0):-= 0. 0):-= >-::J
<fl...... ~ ....c ~ E...Q 3:....><:: 0.0
~-o >-...: ...... E 0) C C_.
....c0)0)0)'-+- O<fl<fl~.-......
-0 t! 2: ~ 0 ~ ~ iil ~....cl- 0.0) ~
o 0) ::J :> >-...... 0- :> .~
....c-<fli::o.c,-+-Cl...<fl .....c2
0) 0) ~ 0.- <fl . C <fl '- 0.
<fl <fl C 0) u....><:: c.-=: ~ ::J 0
::J~~u ~ 0) 0 0.0'- o'-+- C
o E'- O)'~ C ::J E 0) ~
....c ......'-+- 0):> U.- 0 u......
.- 0 >:> C >- C '-
'- 0 U .- ::J '- >- C ~ 0
::J-g ~ .c ~ x ~.3 ~ 0 > 0.
o ~ c'- 0) 0) C O)....c C -0 E
>- '-._ U '- C._ '- ...... ~ ~._
0)'
......
C
0)
E
~
......
C
0)
4:
>.
0)
'-
0)
U
C
(f)
0)'
......
C
0)
E
~
......
C
0)
4:
>.
0)
'-
0)
U
C
(f)
0)
C '-
'- 0)
o 0.0
I ~
C
co ~
E;f
~ >-
......
SU
...--
...--
:tt:
E
Q)
......
0)
E '-
o 0)
I gf
C
co ~
E;f
~ >-
......
-U
S
roQ) o~
-g2g> U.
t: ~-O ~~O
g.!Q:g<i: Q)~
Q) U 0... 0... :Q .-
~1i5(j) ~E
i.l::J carf
roQ) O~
-g2g> U.
t:~-O~~O
g.!Q:g<i: Q)~
Q) U 0... 0... :Q .-
~1i5(j) ~E
i.l::J carf
co
"T
I'-- co
"T "T
Qj cO I'--
"T
..... co L1"l ~ cO
iJ) ru I'-- (l)
...... ~co~ ..... co L1"l
r\l iJ) ru I'--
:;;;:"Tru e M
~ ...... ruCOM
1'---0 r\l :;;;:"Tru
>- "T ._ ~
~:==><O 1'---0
iJ)UO- ..... >- "T ._
- (l)COLL r\l ::: >< 0
U ..c (l) ~' iJ)UO-
- U (l) - (l)COLL ...--
OOS::~ U ..c (l) ~'
- U (l) ...--
>- 2:J 0 ~ OOS::~ :tt:
+-J~t;)iB >- (l) 0 ~
0- '+- 0 U ~ E
UOo...U +-J .- .... ("1j
0- ~ 0 Q.J Q)
UOo...U ......
roQ) o~
-g2g> U.
t: ~-O ~~O
g.!Q:g<i: Q)~
Q) U 0... 0... :Q .-
~1i5(j) ~E
i.l::J carf
.ffi Q) 0 ~
-0201 u.
Q)UlCll 0
tU)1i50~-z
gCllo<i:Q)
Q)Uo...o...:Q.-e::
~1i5(j) ~E
i.l::J carf
co
"T
I'--
"T
C:i cO
..... co L1"l
iJ)~ ~
roruCOM
<:;;;:;'2:~
C >- "T .-
~:==><o
iJ)UO-
- (l)COLL
U ..c (l) ~'
- U (l)
'+-Oo~~
...... ~
>- (l) 0 ~
+-J~~('1j
0- '+- 0 Q.J
UOo...U
co
"T
I'--
"T
C:i cO
..... ~ ~
iJ)e M
roruCOM
<:;;;:;'2:~
C >- "T .-
~:==><o
iJ)UO-
- (l)COLL
U ..c (l) ~'
~ -:.~ .S:J
o 0::::: ~
>- 2:J 0 ~
+-J .- .... ("1j
0_ (t:: rJl Q.J
UOctu
"
Attach'ment number 3
- .~ Page 90 of 104
Ie I~ r III ... U:a1lrW1r. ~ 1_
.. June 2008
Dear Clearwater Resident:
The City of Clearwater wants to know what you think about our community and City
government. You have been randomly selected to participate in Clearwater's 2008
Citizen Survey.
En este documento la Ciudad Ie da a usted una oportunidad importante para decirnos
10 que piensa de los servicios de la Ciudad, y su opinion de la calidad de vida aquf en
Clearwater. Se selecciono su hogar al azar para participar en este encuesta. Si usted no
puede hacer la encuesta incluida en Ingles por favor Ilamenos al numero (727) 562-
4550 para pedir una copia de la encuesta en Espanol. Todas sus respuestas se quedaran
completamente anonimas. jDeseamos sus opiniones! Favor de regresar la encuesta en
el sobre adjunto, 10 cual esta con franqueo pagado. Muchas gracias.
Please take a few minutes to fill out the enclosed Citizen Survey. Your answers will
help the Clearwater City Council make decisions that affect our community. You
should find the questions interesting and we will definitely find your answers useful.
Please participate!
To get a representative sample of Clearwater residents, the adult (anyone 18 years or
older) in your household who most recently had a birthday should complete this
survey. Year of birth of the adult does not matter.
Please have the appropriate member of the household spend the few minutes to answer
all the questions and return the survey in the enclosed postage-paid envelope. Your
responses will remain completely anonymous.
Your participation in this survey is very important - especially since your household is
one of only a small number of households being surveyed. If you have any questions
about the Citizen Survey please call (727) 562-4661.
Please help us shape the future of Clearwater. Thank you for your time and
participation.
Sincerely,
1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 10 1 las 1 1 1
tj; 1 Pili 1
> 1 1 IT
~ 1 <>1 1
William B. Horne
City Manager
.
.
.
.
,,_ 0> _ ."",
I -
Item # 11
.
.
"
Attach'ment number 3
- .~ Page 91 of 104
Ie I~ r III ... U:a1lrW1r. ~ 1_
.. June 2008
Dear Clearwater Resident:
About one week ago, you should have received a copy of the enclosed survey. If you
completed it and sent it back, we thank you for your time and ask you to discard this
survey. Please do not respond twice. If you have not had a chance to complete the
survey, we would appreciate your response. The City of Clearwater wants to know
what you think about our community and municipal government. You have been
randomly selected to participate in The City of Clearwater's 2008 Citizen Survey.
En este documento la Ciudad Ie da a usted una oportunidad importante para decirnos
10 que piensa de los servicios de la Ciudad, y su opinion de la calidad de vida aquf en
Clearwater. Se selecciono su hogar al azar para participar en este encuesta. Si usted no
puede hacer la encuesta incluida en Ingles por favor Ilamenos al numero (727) 562-
4550 para pedir una copia de la encuesta en Espanol. Todas sus respuestas se quedaran
completamente anonimas. jDeseamos sus opiniones! Favor de regresar la encuesta en
el sobre adjunto, 10 cual esta con franqueo pagado. Muchas gracias.
Please take a few minutes to fill out the enclosed Citizen Survey. Your answers will
help the City Council make decisions that affect our community. You should find the
questions interesting and we will definitely find your answers useful. Please participate!
To get a representative sample of Clearwater residents, the adult (anyone 18 years or
older) in your household who most recently had a birthday should complete this
survey. Year of birth of the adult does not matter.
Please have the appropriate member of the household spend the few minutes to answer
all the questions and return the survey in the enclosed postage-paid envelope. Your
responses will remain completely anonymous.
Your participation in this survey is very important - especially since your household is
one of only a small number of households being surveyed. If you have any questions
about the Citizen Survey please call (727) 562-4661.
Please help us shape the future of Clearwater. Thank you for your time and
participation.
Sincerely,
--
William B. Horne
City Manager
.
.
.
.
,,_ 0> _ ."",
I -
Item # 11
.
.
The City of Clearwater 2008 Citizen Survey
Please complete this questionnaire if you are the adult (age 18 or older) in the household who most recently had
a birthday. The adult's year of birth does not matter. Please select the response (by circling the number or
checking the box) that most closely represents your opinion for each question. Your responses are anonymous
and will be reported in group form only.
1. Please rate each of the following aspects of quality of life in Clearwater:
Excellent
Clearwater as a place to live .................................................................... 1
Your neighborhood as a place to live ....................................................... 1
Clearwater as a place to raise children ..................................................... 1
Clearwater as a place to work .................................................................. 1
Clearwater as a place to retire .................................................................. 1
The overall quality of life in Clearwater ................................................... 1
Good
2
2
2
2
2
2
Fair
3
3
3
3
3
3
2. Please rate each of the following characteristics as they relate to Clearwater as a whole:
Excellent Good Fair
Sense of community................................................................................. 1 2 3
Openness and acceptance of the community toward people of
diverse backgrounds .... ....... ....... ....... .... ....... ......... ................................ 1 2 3
Overall appearance of Clearwater ............................................................ 1 2 3
Cleanliness of Clearwater......................................................................... 1 2 3
Overall quality of new development in Clearwater .................................. 1 2 3
Variety of housing options ....................................................................... 1 2 3
Overall qual ity of business and service establ ishments in Clearwater ....... 1 2 3
Shoppi ng opportu n ities ....... ....... ....... ....... ......................... ....... ....... ......... 1 2 3
Opportunities to attend cultural activities................................................. 1 2 3
Recreational opportunities ....................................................................... 1 2 3
Employment opportu n ities ................ .................. .............. ................ ....... 1 2 3
Educational opportunities .................... ....... ....... ....... ...... ......................... 1 2 3
Opportunities to participate in social events and activities ....................... 1 2 3
Opportunities to volunteer ....................................................................... 1 2 3
Opportunities to participate in community matters................................... 1 2 3
Ease of car travel in Clearwater ................................................................ 1 2 3
Ease of bus travel in Clearwater................................................................ 1 2 3
Ease of bicycle travel in Clearwater.......................................................... 1 2 3
Ease of walking in Clearwater .................................................................. 1 2 3
va I I yo pat san wa mg ral s .....................................................
Traffic flow on major streets..................................................................... 1 2 3
Amount of public parking ........................................................................ 1 2 3
Availability of affordable quality housing ................................................. 1 2 3
Availability of affordable quality child care .............................................. 1 2 3
Availability of affordable quality health care ............................................ 1 2 3
Availability of affordable quality food ...................................................... 1 2 3
Availability of preventive health services ................................................. 1 2 3
Air quality ................................................... ............................................ 1 2 3
Quality of overall natural environment in Clearwater............................... 1 2 3
Overall image or reputation of Clearwater ............................................... 1 2 3
Quality of beach ...................................................................................... 1 2 3
3. Please rate the speed of growth in the following categories in Clearwater over the past 2 years:
Much Somewhat Right Somewhat
too slow too slow amount too fast
Population growth ......................................................... 1 2 3 4
Retail growth (stores, restaurants, etc.)............................ 1 2 3 4
Jobs growth .................................................................... 1 2 3 4
Page 1 of 5
Attachment number 3
Page 92 of 104
Poor Don't know
4 5
4 5
4 5
4 5
4 5
4 5
Poor Don't know
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
Much Don't
too fast know
5 6
5 6
5 6
Item # 11
~- Attachment number 3
Page 93 of 104
he National Citizen SurveyTM
4. To what degree, if at all, are run down buildings, weed lots or junk vehicles a problem in Clearwater?
o Not a problem 0 Minor problem 0 Moderate problem 0 Major problem 0 Don't know
5. Please rate how safe or unsafe you feel from the following in Clearwater:
Very Somewhat
safe safe
Violent crime (e.g., rape, assault, robbery) ..................... 1 2
Property crimes (e.g., burglary, theft).............................. 1 2
Environmental hazards, including toxic waste................ 1 2
Neither safe Somewhat Very Don't
nor unsafe unsafe unsafe know
3 4 5 6
3 4 5 6
3 4 5 6
6. Please rate how safe or unsafe you feel:
Very Somewhat Neither safe Somewhat Very Don't
safe safe nor unsafe unsafe unsafe know
In your neighborhood during the day............................. 1 2 3 4 5 6
In your neighborhood after dark..................................... 1 2 3 4 5 6
In Clearwater's downtown area during the day.............. 1 2 3 4 5 6
In Clearwater's downtown area after dark ...................... 1 2 3 4 5 6
7. During the past twelve months, were you or anyone in your household the victim of any crime?
o No -+ Go to Question 9 0 Yes -+ Go to Question 8 0 Don't know -+ Go to Question 9
8. If yes, was this crime (these crimes) reported to the police?
o No 0 Yes
o Don't know
9. In the last 12 months, about how many times, if ever, have you or other household members participated in the
following activities in Clearwater?
Once or 3 to 12 13 to 26 More than
twice times times 26 times
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
Never
Used Clearwater public libraries or their services..................................... 1
Used Clearwater recreation centers ............................. ....... ....... ...... ......... 1
Participated in a recreation program or activity........................................ 1
Visited a neighborhood park or City park................................................. 1
Attended a meeting of local elected officials or other local public
meet i n g ................................................................................................ 1
Watched a meeting of local elected officials or other local public
meeting on cable television .................................................................. 1
Read Clearwater Newsletter advertisement (C-News) in the
St. Petersburg Times ............................................................................. 1
Visited the City of Clearwater Web site (at www.myclearwater.com) ...... 1
Recycled used paper, cans or bottles from your home.............................. 1
Volunteered your time to some group or activity in Clearwater ................ 1
Participated in religious or spiritual activities in Clearwater...................... 1
Participated in a club or civic group in Clearwater ................................... 1
Provided help to a friend or neighbor ...................................................... 1
Visited a CI earwater beach ....................................... ................................ 1
Used alternative transportation (carpool, bike, etc.).................................. 1
Watched a meeting of local elected officials or other local public
meeting on streaming video.................................................................. 1
10. About how often, if at all, do you talk to or visit with your immediate neighbors (people who live in the 10 or 20
households that are closest to you)?
o Just about every day
o Several times a week
o Several times a month
o Once a month
o Several times a year
o Once a year or less
o Never
Item # 11
Page 2 of 5
u
c
Q)
c
Q)
U
..c
u
:;;
;;:
Q)
e<:
-;:;;
c
o
.~
Z
co
o
o
'";'
o
o
N
g
.
">-
Q)
2:
:J
Vl
C
Q)
N
".."
U
-;:;;
c
o
.~
Z
Q)
..c
I-
The City of Clearwater 2008 Citizen Survey
Attachment number 3
Page 94 of 104
11. Please rate the quality of each of the following services in Clearwater:
Excellent
Police services .........................................................................................1
Fire services.. ............... ....... ....... .................. .... ........... ....... ....... ............... 1
Ambulance or emergency medical services.............................................. 1
Crime prevention .................. ..................................................... .............. 1
Fire prevention and education ................................................................. 1
Traffic enforcement............ ........... .............................................. ............. 1
Street repair............................................................................................. 1
Street c1eani ng ....... ....... .... ......................................... ....... ...... ......... ........ 1
Street I ighti ng........................................................................................... 1
Sidewal k maintenance.......... ......................................................... .......... 1
Traffic signal timing ................................................................................. 1
Bus or transit services............................................................................... 1
Garbage collection................................................................................... 1
Recycli ng. ........................... ..................................................... ................ 1
Yard waste pick-up .................................................................................. 1
Storm drainage...... ...... ................ ....... .... ....... .... ............. .......................... 1
Dri nki ng water......................................................................................... 1
Sewer services ......... ........................... ................... .................................. 1
City parks................................................................................................. 1
Recreation programs or classes ................................................................ 1
Recreation centers or facilities.................................................................. 1
Land use, planning and zoning ...............................................................1
Code enforcement (weeds, abandoned buildings, etc) ............................ 1
Economic development ........................................................................... 1
Services to seniors.................................................................................... 1
Services to youth.... ....... .... .................... .............. ...... ................ ....... ........ 1
Services to low-income people ................................................................ 1
Publ ic I ibrary services............... .................... .................................... ....... 1
Publ ic information services........ .................. .............. ............... ......... ...... 1
Publ ic schools. ....... ....... ............... ....... ......... .... .................. ....... ....... ........ 1
Cable television .......................................................................................1
Emergency preparedness (services that prepare the community for
natural disasters or other emergency situations) ................................... 1
Preservation of natural areas such as open space, waterfront/beaches
and greenbelts ......................................................................................1 2
Beach maintenance.... ............. ............................. ....... .... ......................... 1 2
Natural gas utility (Clearwater Gas) .......................................................... 1 2
12. Overall, how would you rate the quality of the services provided by each of the following?
Excellent Good Fair
The City of Clearwater ............................................................................. 1 2 3
The Federal Government ......................................................................... 1 2 3
The State Government ............................................................................. 1 2 3
Pinellas County Government ...................................................................1 2 3
Good
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Page 3 of 5
Fair
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
Poor Don't know
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
Poor Don't know
4 5
4 5
4 5
4 5
Item # 11
~- Attachment number 3
Page 95 of 104
he National Citizen SurveyTM
13. Have you had any in-person or phone contact with an employee of the City of Clearwater within the last 12 months
(including police, receptionists, planners or any others)?
o No -+ Go to Question 15 0 Yes -+ Go to Question 14
14. What was your impression of the employee(s) of the City of Clearwater in your most recent contact? (Rate each
characteristic below.)
Excellent
Knowledge............................................................................................... 1
Responsiveness........................................................................................ 1
Courtesy.................................................................................................. 1
Overall impression................................................................................... 1
15. Please rate the following categories of Clearwater government performance:
Excellent
The value of services for the taxes paid to Clearwater .............................. 1
The overall direction that Clearwater is taking.......................................... 1
The job Clearwater government does at welcoming citizen involvement. 1
The job Clearwater government does at listening to citizens .................... 1
16. Please indicate how likely or unlikely you are to do each of the following:
Very Somewhat
likely likely
Recommend living in Clearwater to someone who asks................. 1 2
Remain in Clearwater for the next five years .................................. 1 2
Good Fair Poor Don't know
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
Good Fair Poor Don't know
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
Somewhat
unlikely
3
3
Very
unlikely
4
4
Don't
know
5
5
17. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think
the impact will be:
o Very positive 0 Somewhat positive 0 Neutral 0 Somewhat negative 0 Very negative
18. Please check the response that comes closest to your opinion for each of the following questions:
a. How important, if at all, is it for community facilities, like a recreation center or a library to be...
Essential
Within walking distance of your home .............................................1
In your neighborhood or another nearby neighborhood ...................1
Within 10 minutes of your home...................................................... 1
Within 30 minutes of your home...................................................... 1
b.
Very Somewhat Not at all Don't
important important important know
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
u
c
Strongly
oppose
4
4
4
4
4
Q)
c
Q)
U
..c
u
:;;
;;:
Q)
e<:
-;:;;
c
o
.~
Z
co
o
o
'";'
o
o
N
g
In order to keep existing recreation centers and libraries open, the City might need to consider reducing hours. To
what extent do you support or oppose this potential solution?
o Strongly support
o Somewhat support
o Somewhat oppose
o Strongly oppose
o Don't know
c.
If the Harborview Center in downtown were redeveloped to what degree do you support or oppose each of the
following types of development?
Strongly
support
Mostly residential with some retail...................................................1
Mostly office with some retail...........................................................1
Mostly hotel with some retail ...........................................................1
Mostly retail with some residential, office or hotel............................1
Retai I only ............................................... .........................................1
Somewhat Somewhat
support
2
2
2
2
2
oppose
3
3
3
3
3
.
Item # 11
">-
Q)
2:
:J
Vl
C
Q)
N
".."
U
-;:;;
c
o
.~
Z
Q)
..c
I-
Page 4 of 5
The City of Clearwater 2008 Citizen Survey
Attachment number 3
Page 96 of 104
D1. Are you currently employed for pay?
o No -+ Go to Question D3
o Yes, full time -+ Go to Question D2
o Yes, part time -+ Go to Question D2
D2. During a typical week, how many days do you
commute to work (for the longest distance of
your commute) in each of the ways listed below?
(Enter the total number of days, using whole
numbers.)
Motorized vehicle (e.g., car, truck, van,
etc. ..)
Other ................................................ _ days
D3. How many years have you lived in Clearwater?
o Less than 2 years 0 11-20 years
02-5 years 0 More than 20 years
o 6- 1 0 years
D4. Which best describes the building you live in?
o One family house detached from any other houses
o House attached to one or more houses (e.g., a
duplex or town home)
o Building with two or more apartments or
condominiums
o Mobile home
o Other
D5. Is this house, apartment or mobile home...
o Rented for cash or occupied without cash payment?
o Owned by you or someone in this house with a
mortgage or free and clear?
D6. About how much is your monthly housing cost for
the place you live (including rent, mortgage payment,
property tax, property insurance and homeowners'
association (HOA) fees)?
o Less than $300 per month
o $300 to $599 per month
o $600 to $999 per month
o $1,000 to $1,499 per month
o $1,500 to $2,499 per month
o $2,500 or more per month
D7. Do any children 17 or under live in your household?
o No 0 Yes
D8. Are you or any other members of your household aged
65 or older?
o No 0 Yes
D9. How much do you anticipate your household's total
income before taxes will be for the current year?
(Please include in your total income money from all
sources for all persons living in your household.)
o Less than $24,999
0$25,000 to $49,999
0$50,000 to $99,999
0$100,000 to $149,999
o $150,000 or more
D10. Are you Spanish, Hispanic or Latino?
o No, not Spanish, Hispanic or Latino
o Yes, I consider myself to be Spanish, Hispanic
or Latino
D11. What is your race? (Mark one or more races to
indicate what race you consider yourself to be)
o American Indian or Alaskan Native
o Asian, Asian Indian or Pacific Islander
o Black or African American
o Wh ite
o Other
D12. In which category is your age?
o 18-24 years 0 55-64 years
025-34 years 065-74 years
o 35-44 years 0 75 years or older
045-54 years
D13. What is your sex?
o Female
o Male
D14. Are you registered to vote in your jurisdiction?
o No
o Yes
o Ineligible to vote
o Don't know
D15. Many people don't have time to vote in elections. Did
you vote in the last general election?
o No
o Yes
o Ineligible to vote
o Don't know
Page 5 of 5
"
Attach'ment number 3
IC I~ r III c: U:a1lrW1L ~ .9.Of104
Junio 2008
Estimado residente de Clearwater:
La Ciudad de Clearwater desea saber que piensa usted sobre la comunidad y el
gobierno municipal. Su hogar es uno de entre de algunos hogares seleccionados al
azar para participar en la Ciudad de Clearwater 2008 Encuesta de los Ciudadanos.
Por favor tome unos pocos minutos para Ilenar la Encuesta de Ciudadanos adjunta. Sus
respuestas ayudaran a que el Concejo de la Ciudad tome decisiones para mejorar la
entrega de los servicios a nuestra comunidad. Encontrara que las preguntas son
interesantes y nosotros definitivamente encontraremos que sus respuestas son utiles.
jPor favor participe!
Para obtener una verdadera muestra representativa de los residentes de Clearwater,
solicitamos que Ilene la encuesta el adulto que haya tenido su cumpleaiios mas
recientemente. La edad del adulto no importa siempre que tenga 18 aiios de edad 0
mas. AI selecci6nar de esta forma a la persona que debe lIenar la encuesta, se
asegura que la encuesta en los hogares de la ciudad mejorara la exactitud de los
resultados. Por favor tenga usted la seguridad de que se mantendran an6nimas.
Por favor, haga que el adecuado miembro del hogar pase unos minutos contestando
todas las preguntas y devuelva la encuesta en el sobre adjunto con el franqueo pagado.
Si tiene alguna pregunta ace rea de la Encuesta de los Ciudadanos por favor Ilamanos
(727) 562-4550.
Su participaci6n en esta encuesta es muy importante especialmente puesto que su
hogar es uno del pequeno numero que esta siendo encuestado. Por favor, ayudenos a
darle forma al futuro de Clearwater. Gracias por su tiempo y participacion.
S i nceramente,
tJ~ B. M-.., "]I
William B. Horne
Administrador municipal
.
.
.
.
,,_ 0> _ ."",
I -
Item # 11
.
.
Encuesta Ciudadana del 2008 de la Ciudad de Clearwater
Attachment number 3
Page 98 of 104
Por favor complete este cuestionario si usted es el adulto (18 afios 0 mas) de su casa que mas recientemente
haya celebrado su cumpleafios. EI afio de nacimiento del adulto no importa. Por favor encierre en un drculo la
respuesta que mejor represente su opinion en cada pregunta. Sus respuestas son anonimas y solo seran
reportadas en forma general.
1. Por favor c1asifique cad a uno de los siguientes aspectos de la calidad de vida en Clearwater:
Exce/ente Bueno Pasable
Clearwater como lugar en donde vivir ..................................................... 1 2 3
Su vecindario como lugar en donde vivir ................................................. 1 2 3
Clearwater como lugar para criar niiios.................................................... 1 2 3
Clearwater como lugar para trabajar ........................................................ 1 2 3
Clearwater como lugar para jubilarse/retirarse.......................................... 1 2 3
La calidad general de vida en Clearwater................................................. 1 2 3
Baja
4
4
4
4
4
4
Nose
5
5
5
5
5
5
2. Por favor evalue la forma en que cad a una de las siguientes caracterlsticas se relaciona en general con la Ciudad de
Clearwater:
Exce/ente
Sentido de cooperaci6n comunitaria........................................................ 1
Aceptaci6n de la comunidad a gente de diferentes
antecedentes.. ....... .... ... .... ....... ....... .... ....... .... ....... .... ... .... ....... ....... .... .... 1
Aspecto general de la Ciudad de Clearwater ............................................ 1
Limpieza de Clearwater ........................................................................... 1
Calidad general de desarrollo nuevo en Clearwater ................................. 1
Variedad de opciones de vivienda ........................................................... 1
Calidad general de empresas y establecimientos de servicio
en Clearwater ....................................................................................... 1
Suficientes lugares de compra ... ....... ....... ...... ......... ...... ....... ....... ....... ....... 1
Oportunidades para asistir a actividades culturales .................................. 1
Oportunidades de recreaci6n ... ................................. ........... .... ....... ......... 1
Oportunidades para empleo .................................................................... 1
Oportunidades educativas. .................. ....... .... ............................ ....... ....... 1
Oportunidades para participar en eventos y actividades
sociales........... ......... ........... ......... ............ ........... ......... ........... ......... ..... 1
Oportunidades para ser voluntario ........................................................... 1
Oportunidades para participar en asuntos de comunidad......................... 1
Facilidad para andar en carro................................................................... 1
Facilidad para andar en autobus............................................................... 1
Facilidad para andar en bicicleta.............................................................. 1
Facilidad para caminar............................................................................. 1
Disponibilidad de caminos y senderos para caminar................................ 1
Flujo de trafico sobre las calles principales .............................................. 1
Disponibilidad de Estacionamiento Publico ............................................. 1
Disponibilidad de viviendas a precios accesibles..................................... 1
Guarderfas infantiles a precios accesibles................................................. 1
Asistencia medica a precios accesibles..................................................... 1
Acceso a comida de buena calidad a un costo razonable......................... 1
Disponibilidad de servicios preventivos de salud .................................... 1
Calidad del medio ambiente (aire) ........................................................... 1
Calidad del ambiente natural general en Clearwater ................................ 1
Imagen/reputaci6n general de Clearwater ................................................ 1
Calidad de la Playa .................................................................................. 1
3. Por favor evalue la rapidez de crecimiento durante los ultimos 2 aiios en las siguientes categorlas:
demasiado
lento
Crecimiento de la poblaci6n .......................................... 1
Crecimiento del comercio (tiendas, restaurantes,
etc.) ............................................................................ 1
Aumento de oportunidad de empleo ............................. 1
Bueno Pasable Baja
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
2 3 4
un poco cantidad un poco
lento apropiada rapido
2 3 4
2 3 4
2 3 4
Pagina 1 of 5
Nose
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
muy no
rapido se
5 6
5 6
5 6
Item # 11
~- Attachment number 3
Page 99 of 104
he National Citizen SurveyTM
4. iHasta que nivel gFaOO considera un S9R problema los edificios en ruinas, lotes de hierba mala 0 vehkulos chatarra en
Clearwater?
o No son problema 0 Problema men or 0 Problema moderado 0 Problema mayor 0 No se
5. Por favor c1asifique que tan seguro 0 inseguro se siente usted de 10 siguiente en Clearwater:
muy mas 0 menos ni segura mas 0 menos muy no
segu ra segura ni insegura insegura insegura se
Crimen violento (Ej. violaci6n, ataque, robo) ................. 1 2 3 4 5 6
Crfmenes de propiedad (Ej. robo, asalto)........................ 1 2 3 4 5 6
Peligros ambientales, incluyendo desecho t6xico........... 1 2 3 4 5 6
6. Por favor c1asifique que tan seguro 0 inseguro se siente usted:
muy mas 0 menos ni segura mas 0 menos muy no
segu ra segura ni insegura insegura insegura se
En su vecindario durante el dfa ...................................... 1 2 3 4 5 6
En su vecindario durante la noche .................................1 2 3 4 5 6
En el centro de la Ciudad durante el dfa......................... 1 2 3 4 5 6
En el centro de la Ciudad durante la noche.................... 1 2 3 4 5 6
7. Durante los ultimos 12 meses, iusted 0 alguno de los miembros de su familia fue vktima de algun crimen?
o No -+ Vaya a la pregunta #9 0 Sf -+ Vaya a la pregunta #8 0 No se -+ Vaya a la pregunta #9
8. iSi usted marco sl, denuncio esos crlmenes a la polida?
o No 0 Sf
o No se
9. Durante los ultimos 12 meses, icuantas veces (usted 0 algun miembro de su familia) participo en las siguientes
actividades en la Ciudad de Clearwater?
Nunca
Utiliz6 las bibliotecas publicas de Clearwater y sus servicios ...................1
Utiliz6 los centros de recreaci6n de Clearwater ....................................... 1
Particip6 en program as 0 actividades recreativas...................................... 1
Visit6 un parque del vecindario 0 de la Ciudad........................................ 1
Asisti6 a una reuni6n de autoridades locales u otra reuni6n
pub I i ca ............................................................................................... .. 1
Vio por cable (TV) una reuni6n de autoridades locales u otra
reuni6n publ ica ......... ....... ....... .... ..................... ....... .... .................. ....... 1
Ley6 anuncios en la Hoja Informativa de Clearwater (C-News) en
el St. Petersburg Times ......................................................................... 1
Visit6 la Ciudad del sitio en red Clearwater
(en www.myclearwater.com) ................................. .......................... .... 1
Recicl6 papel, latas 0 botellas en su casa ................................................. 1
Trabaj6 de voluntario en algun grupo 0 actividad .................................... 1
Particip6 en actividades religiosas 0 espirituales en Clearwater ................ 1
Particip6 en un club 0 grupo dvico en Clearwater................................... 1
Proporcion6 ayuda a un amigo 0 vecino.................................................. 1
Visit6 la Playa de Clearwater.................................................................... 1
Us6 transporte alternativo (concorcio de carros, bicicleta, etc.) ................ 1
Mir6 una sesi6n de oficiales elegidos locales u otra sesi6n
publica local sobre video c1asificado por niveles .................................. 1
162 3 a 12 13 a 26 mas de
veces veces veces 26 veces
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
u
c
Q)
c
Q)
U
..c
u
:;;
;;:
Q)
e<:
-;:;;
c
o
.~
Z
co
o
o
'";'
o
o
N
g
10. iQue tan a menudo habla con / 0 visita a sus vecinos inmediatos (personas que viven en los 10020 hogares que estan
mas cerca de ustedH
o Casi todos los dfas
o Varias veces por seman a
o Varias veces al mes
o Una vez al mes
o Varias veces al aiio
o Una vez al aiio 0 menos
o Nunca
.
">-
Q)
2:
:J
Vl
C
Q)
N
".."
U
-;:;;
c
o
.~
Z
Q)
..c
I-
Item # 11
Pagina 2 of 5
Encuesta Ciudadana del 2008 de la Ciudad de Clearwater
Attachment number 3
Page 100 of 104
11. Por favor c1asifique la calidad de cada uno de los siguientes servicios en Clearwater:
Exce/ente Bueno
Servicios de la Policfa .............................................................................. 1 2
Servicios de Bom beros .............. ....................................... ........................ 1 2
Servicios de Ambulancia / Medicos de Emergencia.................................. 1 2
Prevencion de Crfmenes .......................................................................... 1 2
Educacion y Prevencion contra Incendios ................................................ 1 2
Imposicion de las Leyes de Transito ......................................................... 1 2
Reparacion de Calles ............................................................................... 1 2
Limpieza de Calles................................................................................... 1 2
lIuminacion de Calles .............................................. ................................ 1 2
Mantenimiento de Aceras / Veredas......................................................... 1 2
Regulacion de Semaforos / Seiiales de Transito ........................................ 1 2
Servicios de Autobus / Transporte ............................................................ 1 2
Recoleccion de Basura............................................................................. 1 2
Reci cI a j e ... .... ... .... .. ..... .. .. .. ... .. .. .. ... .. .. .. .... ....... .... .. ..... .. .. ... .. .. .. .. ... .. .. ..... .... 1 2
Recoleccion de Desechos del Patio (jardfn) ............................................. 1 2
Drenajes ............... ....... ...... ................................. ....... ...... ......... ....... ........ 1 2
Agua Potable ...........................................................................................1 2
Servicios de Caiierfa ................................................................................ 1 2
Parques de Ciudad ................................................................................... 1 2
Clases 0 Programas Recreativos ............................................................... 1 2
Centros de Recreacion ............................................................................. 1 2
Uso, Planificacion y Zonificacion de Terreno........................................... 1 2
Imposicion de las Ordenanzas (mala hierba, maleza,
edificios abandonados, etc.).................................................................. 1 2
Desarrollo Economico .. .... ....... .... ... ...... ......... .......... ...... ......... ....... ....... ... 1 2
Servicios para Personas Mayores (de la tercera edad,
Ciudadanos de oro, "seniors") .............................................................. 1 2
Servicios para la juventud ........................................................................ 1 2
Servicios para Personas de Bajos Recursos ............................................... 1 2
Servicios de Bibliotecas Publicas.............................................................. 1 2
Servicios de Informacion Publica ............................................................. 1 2
Escuelas Publ icas ..... ........................... ................... .................................. 1 2
Television por Cable................................................................................ 1 2
Preparacion de emergencia (servicios que preparan a la
comunidad para desastres u otras situaciones de emergencia). ............. 1 2
Preservacion de areas naturales tales como espacio abierto,
tierra de cultivo y areas verdes.............................................................. 1 2
Mantenimiento de la Playa....................................................................... 1 2
Servicio de gas natural (Gas de Clearwater).............................................. 1 2
Preservacion de areas naturales tales como darsenas/playas
y trayectos verdes de espacio abierto.................................................... 1 2
12. En general, icomo evalua usted los servicios suministrados por...
Exce/ente Bueno
la Ciudad de Clearwater........................................................................... 1 2
el Gobierno Federal................................................................................. 1 2
el Gobierno Estatal................................................................................... 1 2
Gobierno del Condado de Pinellas .......................................................... 1 2
Pagina 3 of 5
Pasable
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
Pasable
3
3
3
3
Baja Nose
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
4 5
Baja Nose
4 5
4 5
4 5
4 5
Item # 11
~- Attachment number 3
Page 101 of 104
he National Citizen SurveyTM
13. iHa tenido contacto personal 0 por telefono con algun empleado de la Ciudad de Clearwater durante los ultimos 12
meses (incluyendo polidas, recepcionistas, planificadores u otrosH
o No -+ Vaya a la pregunta #15 0 Sf -+ Vaya a la pregunta #14
14. iCual fue su impresion de los empleados de la Ciudad de Clearwater en su mas reciente contacto? (Evalue cad a
caracterlstica abajo.)
Exce/ente Bueno
Conocimiento .......................................................................................... 1 2
Simpatfa........ ....... .... ........... ....... ......... .... ........... ....... ....... ............... ......... 1 2
Cortesfa ............................................. ...................................................... 1 2
I mpresi6n General................................................................................... 1 2
Pasable
3
3
3
3
15. Por favor c1asifique las siguientes categorlas del desempeiio gubernamental en Clearwater:
Exce/ente Bueno Pasable
EI valor de servicios para los impuestos pagados a Clearwater ................. 1 2 3
La direcci6n general que esta tomando Clearwater ..................................1 2 3
La labor del gobierno de Clearwater para incluir la participaci6n
ciudadana............................................................................................. 1 2 3
La labor del gobierno de Clearwater para escuchar a los ciudadanos ....... 1 2 3
16. Por favor indique que tan probable 0 improbable es usted para hacer cad a uno de los siguientes:
Muy
Probable
Recomendarle vivir en Clearwater a alguien que pregunta............. 1
Permanecer en Clearwater para los pr6ximos cinco aiios............... 1
Alga
probable
2
2
Alga
improbable
3
3
Baja Nose
4 5
4 5
4 5
4 5
Baja Nose
4 5
4 5
4 5
4 5
Muy
Improbable
4
4
No
se
5
5
17. iQue impacto, si existe, piensa usted que la economla tendra en los ingresos de su familia en los proximos 6 meses?
Usted piensa que el impacto sera:
o Muy positivo 0 Mas 0 menos positivo 0 Neutral 0 Mas 0 menos negativo 0 Muy negativo
18. Por favor marque la respuesta que represente mejor su opinion en cad a una de las siguientes preguntas:
a. Que tan importante, si del todo, es que servicios comunitarios, tales como un centro de recreacion 0 una biblioteca
esten...
Esencial
A distancia para caminar desde su hogar ..........................................1
En su vecindario u otro vecindario cercano ................... ...................1
Dentro de 10 minutos desde su hogar ..............................................1
Dentro de 30 minutos desde su hogar ..............................................1
Muy Alga No importante No
importante importante del todo se
2 3 4 5
2 3 4 5
2 3 4 5
2 3 4 5
u
c
Q)
c
Q)
U
..c
u
:;;
;;:
Q)
e<:
-;:;;
c
o
.~
Z
co
o
o
'";'
o
o
N
g
b. A fin de mantener centros de recreacion y bibliotecas existentes abiertos, la Ciudad puede que necesite
considerar reducir horas. iHasta que punto apoya 0 se opone a esta potencial solucion?
o Fuertemente apoyo
o Algo apoyo
o Algo me opongo
o Fuertemente me opongo
o No se
c. Si el Harborview Center en el centro se replanificara ihasta que punto apoya 0 se opone a cada uno de los
siguientes tipos de desarrollo?
Fuertemente
apoyo
Mas que nada residencial con algo de venta por menor ................... 1
Mas que nada oficina con algo de venta por menor..........................1
Mas que nada hotel con algo de venta por menor ............................1
Mas que nada venta por menor con algo de residencial,
ofic in a u hote I ................................... .. .. .. ..... .. .... ... .... .. ..... .. .. ... .. .... 1
Solamente venta al por men or ..........................................................1
Alga
apoyo
2
2
2
Alga Fuertemente
me opon~o me opon~o
3 4
3 4
3 4
2
2
3
3
.
4
4
">-
Q)
2:
:J
Vl
C
Q)
N
".."
U
-;:;;
c
o
.~
Z
Q)
..c
I-
Item # 11
Pagina 4 of 5
Encuesta Ciudadana del 2008 de la Ciudad de Clearwater
Attachment number 3
Page 102 of 104
D1. iActualmente esta empleado con sueldo?
o No -+ Vaya a la Pregunta D3
o Sf, tiempo completo -+ Vaya a la Pregunta D2
o Sf, medio tiempo -+ Vaya a la Pregunta D2
D2. Durante una semana t1pica, icuantos dias hace
un recorrido hasta el trabajo (para la mayor
distancia que recorre) de cada manera en la lista
de abajo? (Ponga el numero total de dias, usando
numeros enteros.)
Vehfculo motorizado (Ej. carro, cami6n,
etc...) solo .................. dfas
Autobus u otro
dfas
B i c i cI eta............ .. .. .. .. .. .............. .. ..... . d f as
Otro .................................................. d f as
D3. iCuantos anos tiene usted viviendo en Clearwater?
o Menos de 2 alios 0 11-20 alios
o 2-5 alios 0 Mas de 20 alios
o 6-10 alios
D4. iCual de las siguientes opciones describe mejor la
vivienda (edificio) en la que reside?
o Casa familiar separada de cualquier otra casa
o Casa unida a una 0 mas casas (Ej. duplex,
town home)
o Edificio con 2 0 mas apartamentos 0 condominios
o Casa rodante / trailer
o Otro
D5. iEs esta casa, apartamento 0 casa rod ante / trailer
es...
o Alquilada 0 la ocupa sin pago?
o Propia, 0 alguno de su familia la paga con
hipoteca 0 ya esta paga?
D6. i Como cuanto es su costo mensual de vivienda para
el lugar donde vive? (incluyendo renta, pago de
hipoteca, impuesto de propiedad, seguro de
propiedad y cuotas de asociacion de propietarios
(HOA))?
o Menos de $300 por mes
o $300 a $599 por mes
o $600 a $999 por mes
0$1,000 a $1,499 por mes
o $1,500 a $2,499 por mes
o $2,500 0 mas por mes
D7. iAlgun nino de 17 anos 0 menos vive en su hogar?
o No 0 Sf
D8. i Tiene usted 0 cualquiera de los miembros de su
familia 65 anos 0 mas?
o No 0 Sf
D9. iCuanto cree usted que sera el ingreso de su familia
antes de impuestos para el ano actual? (Por favor
incluya en su ingreso total todo ingreso de todas las
personas de su casa.)
o Menos de $24,999
o $25,000 a $49,999
o $50,000 a $99,999
0$100,000 a $149,999
o $150,000 0 mas
D10. iEs usted Espanol, Hispano 0 Latino?
o No, no soy Espaliol, Hispano 0 Latino
o Sf, me considero Espaliol, Hispano 0 Latino
D11. iCual es su raza? (Marque uno 0 mas grupos que
indiquen 10 que usted se considera.)
o Indio Americano 0 nativo de Alaska
o Asiatico 0 de las Islas del Pacffico
o Negro, Afro-americano
o Blanco / Caucasico
OOtro
D12. iEn que categoria esta su edad?
o 18-24 alios 0 55-64 alios
025-34 alios 065-74 alios
o 35-44 alios 0 75 alios 0 mas
045-54 alios
DB. iCual es su sexo?
o Femenino
o Masculino
D14. iEsta registrado para votar en su jurisdiccion?
o No
OSf
o No tengo derecho a votar
o No se
D15. Muchas personas no tienen tiempo para votar en las
elecciones. iRecuerda usted haber votado en la ultima
eleccion general?
o No
OSf
o No tengo derecho a votar
o No se
Pagina 5 of 5
""'"
'(li 0) 0 CJ)
1:l ~ OJ () c:i
2 (/) ~ 0 ...."z
o~~<(~.~
~Oo...o..."SE
...._C/) 00)
o...~~ D:lo...
u::
...--
...--
:tt:
E
Q)
......
co
"T
'"
"T
I
.... co
(I) L1")
l-.;?Jl '"
Cl) ('I")
+-'~CO('l")
(ij~"T~
~ >- ~ ~
(ij ."'::: >< 0
Cl)Uou...
(I) CCl ,
U....c(l)....
.......u2
'4- __ ._ ~
o 0 ~ ~
(1)0 ....
>--u.......~
+-'(,;::Vl(l)
OO~U
Attachment number 3
Page 104 of 104
Item # 11
Attachment number 4
Page 1 of 33
~
National Citizen SurveyTM
CITY OF ClEARW A TE R, F l
2008
Benchmark Report
CLIENT CONFIDENTIAL
The information in this document is considered a TRADE SECRET as defined in Florida
State Statutes Title X, Chapter 119.071 s. (1)2.(f) and Title XLVI, Chapter 812.081 s. 1 a)-c):
"Trade secret" means the whole or any portion or phase of any formula, pattern, device,
combination of devices, or compilation of information which is for use, or is used, in the
operation of a business and which provides the business an advantage, or an opportunity
to obtain an advantage, over those who do not know or use it. "Trade secret" includes any
scientific, technical, or commercial information, including any design, process, procedure,
list of suppliers, list of customers, business code, or improvement thereof. Irrespective of
novelty, invention, patentability, the state of the prior art, and the level of skill in the
business, art, or field to which the subject matter pertains, a trade secret is considered to
be:
1 . Secret;
2. Of value;
3. For use or in use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain an advantage,
over those who do not know or use it when the owner thereof takes measures to
prevent it from becoming available to persons other than those selected by the
owner to have access thereto for limited purposes.
.
[~ NATIONAL
'-..1 RESEARCH
C E H T E R IRe.
3005 30th Street
Boulder, CO 80301
wW.n-r-c.com · 303-444-7863
\ _ ~ J
I' J' '! ',',
\ ,
" . JIll ' '
--:~..... I I I ~
I r \~ I I
.~ _\ - ~_ 1\= '._ _ _
777 North Capitol Street NE, Suite 500
Washington, DC 20002
www.icma.org · 202-289-ICMA Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 2 of 33
City of Clearwater I 2008
Understand ing the Benchmark Comparisons ............................................. ......................... 1
Comparison Data..................................................................................................................... 1
Putting Evaluations onto the 1 OO-point Scale .............................................. .............................. 2
Interpreting the Resu Its............................................................................................................. 3
National Benchmark Comparisons...................................................................................... 4
Jurisdictions Included in National Benchmark Comparisons ...................................................15
Populations 64,000-149,999 benchmark Comparisons.....................................................20
Jurisdictions Included in Populations 64,000-149,999 Benchmark Comparisons ..................... 31
The National Citizen SurveyTM
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 3 of 33
City of Clearwater I 2008
COMPARISON DATA
NRC's database of comparative resident opinion is comprised of resident perspectives gathered in
citizen surveys from approximately 500 jurisdictions whose residents evaluated local government
services and gave their opinion about the quality of community life. The City of Clearwater chose
to have comparisons made to the entire database and a subset of similar jurisdictions from the
database (jurisdictions with populations between 64,000 people 150,000 people]. A benchmark
comparison (the average rating from all the comparison jurisdictions where a similar question was
asked) has been provided when a similar question on the City of Clearwater Survey was included in
NRC's database and there were at least five jurisdictions in which the question was asked. For most
questions compared to the entire dataset, there were more than 100 jurisdictions included in the
benchmark comparison.
The jurisdictions in the database represent a wide geographic and population range as shown in the
table below.
West Coast' 16%
Wese 20%
North Central Wese 11 %
North Central East4 13%
South Central5 9%
South6 25%
Northeast Wesf 3%
Northeast East8 3%
Population
Less than 40,000 42%
40,000 to 74,999 20%
75,000 to 149,000 16%
150,000 or more 22%
1 Alaska, Washington, Oregon, California, Hawaii
2 Montana, Idaho, Wyoming, Colorado, Utah, Nevada, Arizona, New Mexico
3 North Dakota, South Dakota, Nebraska, Kansas, Iowa, Missouri, Minnesota
4 Illinois, Indiana, Ohio, Michigan, Wisconsin
5 Oklahoma, Texas, Louisiana, Arkansas
6 West Virginia, Virginia, Kentucky, Tennessee, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, Maryland,
Delaware, Washington DC
7 New York, Pennsylvania, New Jersey
8 Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, Maine
The National Citizen SurveyTM
1
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 4 of 33
City of Clearwater I 2008
PUTTING EVALUATIONS ONTO THE 1 OO-POINT SCALE
Although responses to many of the evaluative questions were made on a 4 point scale with 1
representing the best rating and 4 the worst, the benchmarks are reported on a common scale
where 0 is the worst possible rating and 100 is the best possible rating. The 95 percent confidence
interval around an average score on the 1 OO-point scale is no greater than plus or minus two points
based on all respondents.
The 1 OO-point scale is not a percent. It is a conversion of responses to an average rating. Each
response option is assigned a value that is used in calculating the average score. For example,
"excellent" = 100, "good" = 67, "fai r" = 33 and "poor" = O. If everyone reported" excellent," then the
average rating would be 1 00 on the 1 OO-point scale. Likewise, if all respondents gave a "poor", the
result would be 0 on the 1 OO-point scale. If half the respondents gave a score of "excellent" and
half gave a score of "poor," the average would be in the middle of the scale (like the center post of
a teeter totter) between "fair" and "good." An example of how to convert survey frequencies into an
average rating appears below.
Example of Converting Responses to the 1 DO-point Scale
= 36 + (1 00-5) =
Good 42% =42+(100-5)= 44% 67 = 44 % x 67 =
Fair 12% = 12 + (1 00-5) = 13% 33 =13%x33 =
Poor 5% = 5 + (1 00-5) = 5% 0 =5% x 0 =
Don't know 5%
Total 100% 100%
72
How do you rate the community as a place to live?
5%
13%
44%
38%
o
Poor
33
Fair
67
Good
100
Excellent
The National Citizen SurveyTM
2
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 5 of 33
City of Clearwater I 2008
INTERPRETING THE RESULTS
Average ratings are compared when similar questions are included in NRC's database, and there
are at least five jurisdictions in which the question was asked. Where comparisons are available,
three numbers are provided in the table. The first column is your jurisdiction's rating on the 100-
point scale. The second column is the rank assigned to your jurisdiction's rating among
jurisdictions where a similar question was asked. The third column is the number of jurisdictions
that asked a similar question. The fourth column shows the benchmark, followed by a comparison
of your jurisdiction's average rating (column one) to this benchmark.
The comparison: "above," "below" or "similar" comes from a statistical comparison of your
jurisdiction's rating to the benchmark (the average rating from all the comparison jurisdictions
where a similar question was asked). Differences of more than two points on the 1 OO-point scale
between your jurisdiction's ratings and the average based on the appropriate comparisons from the
database are considered "statistically significant," and thus are marked as "above" or "below" the
benchmark. When differences between your jurisdiction's ratings and the benchmarks are two
points or fewer, they are marked as "similar to" the benchmark.
This report contains benchmarks at the national level, as well as for communities with populations
of at least 64,000 but less than 150,000 people.
The National Citizen SurveyTM
3
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 6 of 33
City of Clearwater I 2008
Overall quality of life
in Clearwater 63 171 292 65 Similar
Your neighborhood
as place to live 67 101 192 68 Similar
Clearwater as a place
to live 68 135 248 68 Similar
Remain in Clearwater
for the next five 76% 16 27 75% Similar
Recommend living in
Clearwater to
someone who asks 70% 18 26 73% Similar
Ease of bus travel in
Clearwater 40 80 125 43 Below
Ease of car travel in
Clearwater 44 133 179 50 Below
Ease of walking in
Clearwater 49 119 177 54 Below
Ease of bicycle travel
in Clearwater 44 102 177 46 Similar
Availability of paths
and trai Is 58 12 32 52 Above
Traffic flow on major
streets 35 68 89 43 Below
The National Citizen SurveyTM
4
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 7 of 33
City of Clearwater I 2008
48 297 5 Similar
Street cleaning 56 213 54 Similar
Street lighting 58 225 53 Above
Sidewalk
maintenance 51 84 191 48 Similar
40 117 140 45 Below
Bus or transit
services 50 80 145 50 Similar
Amount of
public parking 32 112 125 45 Below
Availability of
affordable quality
housing 34 134 214 37 Similar
Variety of housing
options 51 17 28 50 Similar
Quality of new
development in
48 95 135 53 Below
Overall appearance
of Clearwater 58 118 225 57 Similar
Popu lati on
growth seen as
too fast
58%
109
220
55%
Similar
The National Citizen SurveyTM
5
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 8 of 33
City of Clearwater I 2008
Land use, planning
and zoning 39 119 193 2 Similar
Code enforcement
(weeds, abandoned
bui Idings, etc) 43 140 240 45 Similar
Employment
opportun ities 37 98 199 36 Similar
Shopping
opportun ities 64 34 184 49 Above
Place to work 48 110 172 52 Below
Overall quality of
business and service
establishments in
Clearwater 55 12 26 54 Similar
Retai I growth seen as
too fast
Jobs growth seen as
too slow
20%
124
220
23%
Below
81 %
40
220
68%
Above
Positive impact of
economy on
household income
10%
209
218
23%
Below
The National Citizen SurveyTM
6
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 9 of 33
City of Clearwater I 2008
Safety in your
neighborhood during
the day 87 97 218 85 Similar
Safety in your
neighborhood after
dark 70 111 210 69 Similar
Safety in Clearwater's
downtown area
the 76 139 182 82 Below
Safety in Clearwater's
downtown area after
dark 47 147 186 59 Below
Safety from violent
crime (e.g., rape,
assau It, 66 113 182 70 Below
Safety from property
crimes (e.g., burglary,
theft) 58 109 180 60 Similar
T oxic waste or other
environmental
hazard(s) 70 21 27 75 Below
Reported crimes
76%
76%
Similar
Police services 64 155 290 65 Similar
Fire services 77 92 233 76 Similar
EMS/ambulance 76 82 221 73 Similar
Crime prevention 53 121 201 56 Similar
Fire prevention and
education 61 119 167 64 Below
Traffic enforcement 52 170 233 55 Below
Emergency
63 14 46 56 Above
The National Citizen SurveyTM
7
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 10 of 33
City of Clearwater I 2008
Cleanliness of
Clearwater 57 20 32 61 Below
Quality of overall
natural environment
in Clearwater 56 20 27 62 Below
Preservation of
natural areas such as
open space,
farmlands and
greenbelts 53 14 40 51 Similar
Air quality 55 77 120 58 Similar
Recycled used
paper, cans or
bottles from your
home
80%
101
206
77%
Similar
Drinking water 1 Below
Storm drainage 89 51 Above
Yard waste 37 63 Above
Recycling 94 62 Above
Garbage collection 41 68 Above
The National Citizen SurveyTM
8
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 11 of 33
City of Clearwater I 2008
Used Clearwater
recreation centers 55% 97 178 56% Similar
Participated in a
recreation program or
activity 41 % 151 207 46% Below
Visited a
neighborhood park or
City park 86% 101 214 85% Similar
City parks 70 76 214 66 Above
Recreation programs
or classes 64 94 224 61 Above
Recreation centers or
faci lities 65 51 175 59 Above
Opportunities to
attend cultural
activities 56 68 187 52 Above
Educational
opportun ities 53 86 125 58 Below
Used Clearwater
public libraries or
their services 76% 59 185 72% Above
Participated in
religious or spiritual
activities in
Clearwater 57% 5 10 52% Above
The National Citizen SurveyTM
9
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 12 of 33
City of Clearwater I 2008
Public library services
Availability of
affordable quality
health care 45 71 139 46 Similar
Availability of
affordable quality
food 54 41 76 55 Similar
Availability of
preventive health
services 48 10 19 49 Similar
Sense of
community 47 161 198 55 Below
Openness and
acceptance of the
community toward
people of diverse
51 100 165 54 Similar
Availability of
affordable quality
child care 38 91 137 41 Below
Clearwater as a
place to raise kids 57 175 241 64 Below
Clearwater as a
place to retire 61 62 222 55 Above
The National Citizen SurveyTM
10
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 13 of 33
City of Clearwater I 2008
Services to
sen lors 54 117 193 56 Similar
Services to
youth 50 89 165 51 Similar
Services to low
Income
res idents 43 65 147 41 Similar
Opportunities to
participate in
community
matters 53 12 25 56 Similar
Opportunities to
vol unteer 66 10 24 63 Similar
Attended a
meeting of local
elected officials
or other local
public meeting 24% 142 203 28% Below
Watched a
meeting of local
elected officials
or other local
public meeting
on cable
television 56% 39 178 46% Above
Volunteered
your time to
some group or
activity in
Clearwater 38% 141 211 43% Below
Participated in a
club or civic
group in
Clearwater 32% 7 12 31 % Similar
Provided help
to a friend or
neighbor 96% 3 11 94% Similar
The National Citizen SurveyTM
11
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 14 of 33
City of Clearwater I 2008
Read Clearwater
Newsletter
advertisement (C-News)
in the St. Petersburg
Times 67% 129 158 79% Below
Visited the City of
Clearwater Web site (at
www.myclearwater.com) 59% 9 21 57% Similar
Public information
services
60
60
186
57
Above
Opportunities to
participate in social
events and activities
56
12
27
55
Similar
Has contact with
neighbors at least once
per month
76%
5
13
75%
Similar
The National Citizen SurveyTM
12
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 15 of 33
City of Clearwater I 2008
Value of services for the
taxes paid to Clearwater 46 203 249 54 Below
The overall direction that
Clearwater is taking 45 171 202 55 Below
Job Clearwater
government does at
welcoming citizen
involvement 43 205 216 57 Below
Job Clearwater
government does at
listening to citizens 37 177 189 50 Below
Overall image or
reputation of Clearwater 58 84 164 58 Similar
Services provided by the
City of Clearwater 59 279 60 Similar
Services provided by the
Federal Government 41 166 42 Similar
Services provided by the
State Government 43 168 44 Similar
Pinellas County
government general 51 21 47 Above
Had contact with city
employee(s) in last 12
months
53%
177
219
59%
Below
The National Citizen SurveyTM
13
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 16 of 33
City of Clearwater I 2008
City employee
68 115 222 68 Similar
City employee
responsiveness 64 124 219 65 Similar
City employee
courteousness 69 80 178 68 Similar
Overall 66 105 249 65 Similar
The National Citizen SurveyTM
14
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 17 of 33
City of Clearwater I 2008
JURISDICTIONS INCLUDED IN NATIONAL BENCHMARK COMPARISONS
Alabaster, AL.............................................. 22,169
Auburn, AL.......................................... ....... 42,987
Tuskegee, AL.............................................. 11,846
Valdez, AK .................... ................ ............... 4,036
Avondale, AZ ............................................. 35,883
Chandler, AZ............................................ 176,581
Cococino County, AZ............................... 116,320
Flagstaff, AZ ...............................................52,894
Florence, AZ .............................................. 17,054
Goodyear, AZ ............................................ 18,911
Marana, AZ ................................................ 13,556
Peoria, AZ ............ .................. .................. 108,364
Phoenix, AZ .......................................... 1,321,045
Prescott Valley, AZ ..................................... 25,535
Queen Creek, AZ .........................................4,316
Safford, AZ ................................................... 9,232
Scottsdale, AZ .......................................... 202,705
Sedona, AZ ................................................10,192
Tempe, AZ ............................................... 158,625
Tucson, AZ......................................... ...... 486,699
Yuma, AZ................................................... 77,515
Yuma County, AZ..................................... 160,026
Fayettevi lie, AR ...... .................. ..................58,047
Fort Sm ith, AR........ .................... ................ 80,268
Hot Springs, AR.......................................... 35,613
Agoura Hills, CA ........................................ 20,537
Bellflower, CA........ .................. ............ ...... 72,878
Ben icia, CA ........ ...................... ..................26,865
Brisbane, CA ................................................3,597
Burlingame, CA.......................................... 28,158
Capitola, CA................ .................. ............. 10,033
Carlsbad, CA .............................................. 78,247
Chula Vista, CA........................................ 173,556
Claremont, CA .. .................. ................ ....... 33,998
Concord, CA ............................................ 121,780
Cupertino, CA ............................................ 50,546
Del Mar, CA .................. .................. ..... ........4 ,389
Dubl in, CA.... .................. ........................... 29,973
EI Cerrito, CA ............................................. 23,171
Galt, CA ..................................................... 19,472
La Mesa, CA .................. .................. ..... ...... 54,749
Laguna Beach, CA ...................................... 23,727
Livermore, CA ............................................ 73,345
Lod i, CA..................................................... 56,999
Long Beach, CA........................................ 461 ,522
Lynwood, CA ............................................. 69,845
Mission Viejo, CA ...................................... 93, 102
Morgan Hill, CA ................ .................... ..... 33,556
Mountain View, CA.................................... 70,708
Newport Beach, CA ................................... 70,032
Palm Spri ngs, CA...... .................. ................42,807
Palo Alto, CA ............................................. 58,598
Poway, CA ............ .................... ................. 48,044
Rancho Cordova, CA ................................. 55,060
Redding, CA .............................................. 80,865
Richmond, CA ........................................... 99,216
Riverside, CA ...........................................255,166
San Bernardino County, CA .................. 1,709,434
San Francisco, CA .................................... 776,733
San Jose, CA............................................. 894,943
San Rafael, CA ........................................... 56,063
San Ramon, CA.......................................... 44,722
Santa Barbara County, CA........................ 399,347
Santa Monica, CA ...................................... 84,084
Stockton, CA ............................................ 243,771
Sunnyvale, CA ......................................... 131,760
Walnut Creek, CA...................................... 64,296
Calgary, Canada...... .................. ............... 878,866
District of Saanich, Victoria, Canada .........103,654
Kelowna, Canada .......................................96,288
North Vancouver, Canada.......................... 44,303
Oakville, Canada ..................................... 144,738
Prince Albert, Canada ................................ 34,291
Thunder Bay, Canada............................... 109,016
Whitehorse, Canada................................... 19,058
Yellowknife, Canada .................................. 16,541
Archuleta County, CO.................................. 9,898
Arvada, CO .............................................. 102,153
Aspen, CO ................................................... 5,914
Aurora, CO .............................................. 276,393
Boulder, CO .............................................. 94,673
Boulder County, CO ................................ 291,288
Breckenridge, CO ........................................ 2,408
Broomfield, CO ......................................... 38,272
Castle Rock, CO......................................... 20,224
Colorado Springs, CO .............................. 360,890
Craig, CO..................................................... 9,189
Denver (City and County), CO .................554,636
Denver Public Library, CO............................... NA
Douglas County, CO................................ 175,766
Durango, CO ............................................. 13,922
Eagle County, CO ...................................... 41,659
Englewood, CO ......................................... 31,72 7
Fort Collins, CO ....................................... 118,652
Frisco, CO.................................................... 2,443
Fru ita, CO.... .................... ............................ 6,478
Golden, CO ...............................................17,159
Grand County, CO ..................................... 12,442
Grand Junction, CO ................................... 41,986
Greenwood Village, CO............................. 11,035
Highlands Ranch, CO ................................ 70,931
Hot Sulphur Springs, CO.............................. 0,521
Jefferson County, CO ............................... 527,056
Lakewood, CO......................................... 144,126
The National Citizen SurveyTM
15
Item # 11
Confidential: for internal circulation only
Larimer County, CO ................................. 251 ,494
Lone Tree, CO .................. .................. ..........4 ,873
Louisville, CO ............................................ 18,937
Loveland, CO.... .................. .......................50,608
Mesa County, CO..................................... 116,255
North Jeffco Park and Recreation
District, CO ............................................... NA
Northglenn, CO .........................................31,575
Parker, CO ................................................. 23,558
Pitkin County, CO...................................... 14,872
Silverthorne, CO .......................................... 3,196
Steamboat Springs, CO................................. 9,815
Sterling, CO ...............................................11,360
Summit County, CO ................................... 23,548
Thornton, CO...... .................... ...................82,384
Western Eagle County Metro Recreation
District, CO ............................................... NA
Westminster, CO...................................... 1 00,940
Wheat Ridge, CO ....................................... 32,913
Coventry, CT .............................................. 11,504
Manchester, CT .......................................... 54,740
Wethersfield, CT ........................................ 26,271
Windsor, CT...... .................... ......... ............ 28,23 7
Dover, DE ..................................................32,135
Belleair Beach, FL......................................... 1,751
Bonita Springs, FL....................................... 32,797
Brevard County, FL...................................476,230
Cape Coral, FL.......................................... 102,286
Charlotte County, FL ................................ 141 ,627
Clearwater, FL .......................................... 108,787
Coli ier County, FL........ .................. .......... 251,377
Cooper City, FL .......................................... 27,939
Coral Springs, FL ...................................... 117,549
Dania Beach, FL ......................................... 20,061
Daytona Beach, FL ..................................... 64,112
Delray Beach, FL ........................................ 60,020
Destin, FL................................................... 11,119
Duval County, FL ..................................... 778,879
Escambia County, FL .. .................... .......... 294,410
Eustis, FL .................................................... 15,106
Gainesville, FL ........................................... 95,447
Hillsborough County, FL .......................... 998,948
Kissimmee, FL ............................................47,814
Melbourne, FL..... .................... ...................71,382
Miami Beach, FL ........................................87,933
North Port, F L............................................. 22,797
Oakland Park, FL................... ..................... 30,966
Ocoee, FL ............ .................. ......... ...........24,391
Oldsmar, FL ...............................................11,910
Oviedo, FL ................................................. 26,316
Palm Bay, FL ..............................................79,413
Palm Beach, FL........................................... 10,468
Palm Beach Gardens, FL............................. 35,058
Attachment number 4
Page 18 of 33
City of Clearwater I 2008
Palm Coast, FL ........................................... 32,732
Pinellas County, FL .................................. 921,482
Port Orange, FL.......................................... 45,823
Sanford, FL..... .................... ................ ........ 38,291
Sarasota, FL................................................ 52,715
Seminole, FL .............................................. 10,890
South Daytona, FL...................................... 13,177
Tallahassee, FL......................................... 150,624
Titusville, FL .............................................. 40,670
Volusia County, FL................................... 443,343
Walton County, FL..................................... 40,601
Winter Park, FL .......................................... 24,090
Alpharetta, GA ...........................................34,854
Cartersville, GA.......................................... 15,925
Decatur, GA.......................................... ..... 18,147
Smyrna, GA ............................................... 40,999
Hanau, Germany............................................. NA
Honolulu, HI........................................... 876,156
Maui, HI.................................................. 128,094
Boise, I D ................ .................................. 185,787
Moscow, ID ............................................... 21,291
Batavia, IL ..................................................23,866
Coli insvi lie, I L .............. .................. ............ 24,707
DeKalb, IL.......................................... ........ 39,018
Elmhurst, I L ......................................... .......42,762
Evanston, I L......... .................... ................... 74,239
Gurnee, I L................. .................. ............... 28,834
Highland Park, IL ....................................... 31,365
Homewood, IL........................................... 19,543
Lincolnwood, IL ......................................... 12,359
Naperville, IL ........................................... 128,358
Normal, I L.................................................. 45,386
O'Fallon, IL................................................ 21,910
Palatine, IL .................................................65,479
Park Ridge, IL............................................. 37,775
Peoria County, IL .....................................183,433
Riverside, I L ................................................. 8,895
Shorewood, I L............... .................. ....... ...... 7,686
Skokie, IL ................................................... 63,348
Sugar Grove, IL ............................................ 3,909
Village of Oak Park, IL ............................... 52,524
Wood ridge, I L...... .................. .................... 30,934
Fishers, IN .................................................. 37,835
Munster, IN................................................ 21 ,511
Ames, IA .................................................... 50,731
Ankeny, IA................................................. 27,117
Bettendorf, IA............................................. 31,275
Cedar Falls, IA............................................ 36,145
Davenport, IA ............................................ 98,359
Des Moines, IA ........................................198,682
Indianola, IA .............................................. 12,998
Iowa County, IA......................................... 15,671
Marion, IA.................................................... 7,144
The National Citizen SurveyTM
16
Item # 11
Confidential: for internal circulation only
Polk County, IA........................................ 374,601
Sheldahl, IA......................................... ......... 0,336
Slater, IA ...................................................... 1,306
Urbandale, IA.... .................. .......................29,072
Waukee, IA .................................................. 5,126
West Des Moines, IA..................................46,403
Arkansas City, KS........................................ 11,963
Fairway, KS .................................................. 3,952
Lawrence, KS.............................................. 80,098
Lenexa, KS ................................................. 40,238
Merriam, KS ............................................... 11,008
Olathe, KS .................................................. 92,962
Overland Park, KS .................................... 149,080
Sal i na, KS .................... .................... ...........45,679
Wichita, KS .............................................. 344,284
Bowling Green, KY.....................................49,296
Daviess County, KY .................................... 91 ,545
Jefferson Parish, LA................................... 455,466
New Orleans, LA...................................... 484,674
Orleans Parish, LA.......... .................. ....... .484,674
Saco, ME .................................................... 16,822
College Park, MD .................. ...................242,657
Gaithersburg, MD ...................................... 52,613
La Plata, MD ................................................ 6,551
Montgomery County, MD ........................ 873,341
Ocean City, MD ...........................................7,173
Rockvi lie, MD ........ .................... ................47,388
Takoma Park, MD ...................................... 17,299
Andover, MA.............. .................. ..............31,247
Barnstable, MA........................................... 47,821
Burl ington, MA.................. ......................... 22,876
Cambridge, MA........................................ 101,355
Needham, MA............ .................. .............. 28,911
Shrewsbury, MA......................................... 31 ,640
Worcester, MA ......................................... 172,648
Ann Arbor, MI.......................................... 114,024
Battle Creek, MI ......................................... 53,364
Delhi Township, MI ...................................22,569
Meridian Charter Township, MI.................. 38,987
N ovi, MI..................................................... 47,386
Oakland Township, MI...............................13,071
Ottawa County, MI................................... 238,314
Sault Sainte Marie, MI ................................ 16,542
South Haven, MI .......................................... 5,021
Troy, MI ..................................................... 80,959
Village of Howard City, MI........................... 1,585
BI ue Earth, MN .................. .................... ....... 3,621
Carver County, MN .................................... 70,205
Chanhassen, MN ........................................ 20,321
Dakota County, MN ................................. 355,904
Frid ley, MN ............ .................. .................. 27,449
Hutchinson, MN ........................................ 13,080
Mankato, MN ............................................. 32,427
Attachment number 4
Page 19 of 33
City of Clearwater I 2008
Maple Grove, MN...................................... 50,365
Maplewood, MN........................................ 34,947
Medina, MN ................................................ 4,005
Minneapol is, MN .... .................. ......... ...... 382,618
Minneapol is, MN .... .................. ......... ...... 382,618
North Branch, MN ....................................... 8,023
Prior Lake, MN........................................... 15,917
Scott County, MN ......................................89,498
St. Cloud, MN ............................................59,107
St. Louis County, MN............................... 200,528
Washington County, MN ......................... 201,130
Woodbury, MN ......................................... 46,463
Starkville, MS ............................................. 21,869
Blue Springs, MO....................................... 48,080
Columbia, MO ................ .................. ......... 84,531
Ellisville, MO ............................................... 9,104
Grandview, MO......................................... 24,881
Independence, MO .................................. 113,288
Joplin, MO .................................................45,504
Kansas City, MO ...................................... 441,545
Lee's Summit, MO ..................................... 70,700
Maryland Heights, MO .............................. 25,756
Maryville, MO ...........................................10,581
O'Fallon, MO ............................................ 46,169
Raymore, MO ...... .................. .............. ...... 11,146
Springfield, MO ....................................... 151,580
Bozeman, MT ............................................ 27,509
Missoula, MT ............................................. 57,053
Cedar Creek, NE .......................................... 0,396
Kearney, NE ............................................... 27,431
La Vista, NE ............................................... 11,699
Carson City, NV ......................................... 52,457
Henderson, NV........................................ 175,381
North Las Vegas, NV................................ 115,488
Reno, NV .................................................180,480
Sparks, NV .................................................66,346
Washoe County, NV ................................ 339,486
Dover, NH ................................................. 26,884
Lyme, NH .................................................... 1,679
Willingboro Township, NJ ......................... 33,008
Alamogordo, NM ....................................... 35,582
Albuquerque, NM.................................... 448,607
Bloomfield, NM ...........................................6,417
Farm i ngton, NM.............. .................... ....... 37,844
Beekman, Ny............................................. 11,452
Canandaigua, Ny....................................... 11,264
Ashevi lie, NC................. .................. ..... ..... 68,889
Cary, N c.................................................... 94,536
Charlotte, N C. .................... ...................... 540,828
Concord, N c.... .................. ................ ........ 55,977
Davidson, NC .............................................. 7,139
Durham, NC ............................................ 187,038
High Point, NC .......................................... 85,839
The National Citizen SurveyTM
17
Item # 11
Confidential: for internal circulation only
Hudson, N C .... .................. ............ ............... 3,078
Kannapolis, NC .......................................... 36,91 0
Kn ightdale, NC....... .................... ..................5,958
Wi 1m i ngton, NC........... .................. ............ 90,400
Winston-Salem, NC.................................. 185,776
Wahpeton, ND ........................................ ..... 8,586
Delaware, OH............................................ 25,243
Dublin, OH ................................................ 31 ,392
Hudson, OH .............................................. 22,439
Lebanon, OH ............................................. 16,962
Orange Village, OH .....................................3,236
Sandusky, OH .............. .................. ............ 27,844
Westerville, OH ......................................... 35,318
Broken Arrow, OK...................................... 74,839
Edmond, OK .............................................. 68,315
Oklahoma City, OK.................................. 506,132
Stillwater, OK............................................. 39,065
Ashland, OR............................................... 19,522
Bend, OR.. ...................... ...........................52,029
Corvallis, OR........................................ ...... 49,322
Eugene, OR.............................................. 137,893
Gresham, OR ............................................. 90,205
Jackson County, OR ................................. 181,269
Keizer, OR ................................................. 32,203
Lake Oswego, OR ...................................... 35,278
Portland, OR ............................................ 529,121
Borough of Ebensburg, PA............................ 3,091
Cranberry Township, PA ............................23,625
Cumberland County, PA........................... 213,674
Ephrata Borough, PA .................................. 13,213
Kutztown Borough, PA .................................5,067
Northern Tier Coalition Community
Survey, P A.......... .................... ................... NA
Philadelphia, PA.................................... 1,517,550
State College, PA........................................ 38,420
Upper Merion Township, PA......................28,863
East Providence, RI..................................... 48,688
Newport, RI................................................ 26,475
Greenville, SC ............................................ 10,468
Mauldin, SC ............................................... 15,224
Pickens County, SC ..................................110,757
Rock Hill, Sc................. .................... .........49,765
Sioux Falls, SD ......................................... 123,975
Cookevi lie, TN.. .................... .............. ....... 23,923
Oak Ridge, TN ...........................................27,387
Austin, TX ................................................656,562
Benbrook, TX ............................................. 20,208
Bryan, TX .. .................. .................. .............34,733
Corpus Christi, TX .................................... 277,454
Dallas, TX.............................................. 1,188,580
Duncanville, TX ......................................... 36,081
EI Paso, TX ............................................... 563,662
Fort Worth, TX .........................................534,694
Attachment number 4
Page 20 of 33
City of Clearwater I 2008
Grand Prairie, TX ..................................... 127,427
Hurst, TX ................................................... 36,273
Irving, TX ................................................. 191,615
McAllen, TX............................................. 106,414
Pasadena, TX ........................................... 141,674
Piano, TX ................................................. 222,030
Round Rock, TX ......................................... 61,136
San Marcos, TX .......................................... 34,733
Shenandoah, TX ............ .................. ............. 1,503
Sugar Land, TX........................................... 63,328
The Colony, TX .......................................... 26,531
Tomball, TX ................................................. 9,089
Farmington, UT.......................................... 12,081
Riverdale, UT........ .................... ............ ....... 7,656
Springville, UT ........................................... 20,424
Washington City, UT.................................... 8,186
Chittenden County, VT ............................ 146,571
Albemarle County, VA ...............................79,236
Arlington County, VA............................... 189,453
Blacksburg, VA .......................................... 39,357
Botetourt County, VA................................. 30,496
Chesapeake, VA....................................... 199,184
Chesterfield County, VA........................... 259,903
Hanover County, VA.................................. 86,320
Hopewell, VA ............................................ 22,354
James City County, VA............................... 48,102
Lexi ngton, VA.... .................... ...................... 6,867
Lynchburg, VA .............. .................. ........... 65,269
Newport News, VA .................................. 180,150
Northampton County, VA .......................... 13,093
Prince William County, VA...................... 280,813
Roanoke, VA.............................................. 94,911
Spotsylvania County, VA............................ 90,395
Stafford County, VA ................................... 92,446
Staunton, VA.... .................... ...................... 23 ,853
Virginia Beach, VA................................... 425,257
Williamsburg, VA....................................... 11,998
Bellevue, W A........................................... 109,569
Bellingham, W A......................................... 67,171
Clark County, WA.................................... 345,238
Gig Harbor, WA........................................... 6,465
Hoquiam, W A.............................................. 9,097
Kent, W A............ .................. ..................... 79,524
King County, WA.................................. 1,737,034
Kirkland, WA ............................................. 45,054
Kitsap County, WA................................... 231,969
L yn nwood, W A............... .................. ......... 33,847
Mountlake Terrace, WA............................. 20,362
Ocean Shores, W A....................................... 3,836
Olympia, W A............................................. 42,514
Pasco, WA ................................................. 32,066
Renton, W A................ .................. ............. 50,052
Richland, WA ............................................ 38,708
The National Citizen SurveyTM
18
Item # 11
Confidential: for internal circulation only
Snoqualmie, WA .......................................... 1,631
Tacoma, W A............................................ 193,556
Vancouver, W A........................................ 143,560
Morgantown, WV....................................... 26,809
Ashland County, WI................................... 16,866
Eau Clai re, Wi.......... .................. ................ 61 ,704
Marshfield, Wi........................................... 18,800
Milton, WI.................................................... 5,132
Ozaukee County, WI.................................. 82,317
Attachment number 4
Page 21 of 33
City of Clearwater I 2008
Suamico, Wi................................................ 8,686
Village of Brown Deer, Wi......................... 12,170
Wausau, Wi............................................... 38,426
Wauwatosa, Wi......................................... 47,271
Whitewater, WI.......................................... 13,437
Cheyenne, WY........................................... 53,011
Gillette, WY ............................................... 19,646
Teton County, WY ..................................... 18,251
The National Citizen SurveyTM
19
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 22 of 33
City of Clearwater I 2008
Overall qualit
life in Clearwat 63 413 65 Similar
Your neigh
as place to live 67 279 68 Similar
Clearwater as a
place to live 68 355 68 Similar
Remain in
Clearwater for the
next five years 76% 6 27 75 Similar
Recommend living
in Clearwater to
someone who asks 70% 26 73 Similar
Ease of bus travel
in Clearwater 40 110 164 44 Below
Ease of car travel
in Clearwater 44 191 264 50 Below
Ease of walking in
Clearwater 49 159 248 53 Below
Ease of bicycle
travel in
Clearwater 44 143 250 47 Similar
Availability of
paths and walking
trails 58 12 32 52 Above
Traffic flow on
major streets 35 78 114 42 Below
The National Citizen SurveyTM
20
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 23 of 33
City of Clearwater I 2008
Street repair
/mai ntenance 48 175 426 44 Above
Street cleaning 56 131 311 54 Similar
Street 58 69 316 52 Above
Sidewalk
maintenance 51 105 259 48 Similar
Light timing 40 165 207 45 Below
Bus or transit
services 50 109 192 51 Similar
Amount of public
parking 32 156 174 44 Below
Availability of
affordable quality
housing 34 195 303 37 Similar
Variety of housing
options 51 17 28 50 Similar
Quality of new
development in
city 48 118 165 53 Below
Overall
appearance of
Clearwater 58 174 315 58 Similar
Popu lati on
growth seen as
too fast
58%
109
220
55%
Similar
The National Citizen SurveyTM
21
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 24 of 33
City of Clearwater I 2008
Land use, planning
and zoning 39 165 273 41 Similar
Code enforcement
(weeds, abandoned
bui Idings, etc) 43 201 347 45 Similar
Employment
opportun ities 37 131 282 36 Similar
Shopping
opportun ities 64 55 258 50 Above
Place to work 48 135 210 52 Below
Overall quality of
business and service
establishments in
Clearwater 55 12 26 54 Similar
Economic
40
187
251
46
Below
Retai I growth seen as
too fast
Jobs growth seen as
too slow
20%
124
220
23%
81 %
40
220
68%
Above
The National Citizen SurveyTM
22
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 25 of 33
City of Clearwater I 2008
Positive impact of
economy on
household income
10%
23%
Below
Safety in your
neighborhood during
the 87 127 312 84 Similar
Safety in your
neighborhood after
dark 70 158 303 68 Similar
Safety in Clearwater's
downtown area during
the day 76 190 261 81 Below
Safety in Clearwater's
downtown area after
dark 47 203 267 58 Below
Safety from violent
crime (e.g., rape,
assau It, robbery) 66 164 263 69 Below
Safety from property
crimes (e.g., burglary,
theft) 58 159 262 60 Similar
T oxic waste or other
environmental
hazard(s) 70 21 27 75 Below
Reported crimes
76%
Similar
The National Citizen SurveyTM
23
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 26 of 33
City of Clearwater I 2008
Police services 64 212 411 64 Similar
Fire services 77 130 332 76 Similar
EMS/ambulance 76 117 323 73 Similar
Crime 53 166 281 56 Similar
Fire prevention and
education 61 163 232 64 Similar
Traffic enforcement 52 241 346 55 Similar
Emergency
preparedness 63 14 46 56 Above
Cleanliness of
Clearwater 57 24 39 60 Below
Quality of overall
natural environment
in Clearwater 56 20 27 62 Below
Preservation of
natural areas such as
open space,
farmlands and
greenbelts 53 15 45 50 Similar
Air quality 55 96 159 57 Similar
Recycled used paper,
cans or bottles from
your home
80%
101
206
77%
Similar
The National Citizen SurveyTM
24
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 27 of 33
City of Clearwater I 2008
Recycling
Garbage collection
Below
Above
Above
Similar
Above
Used Clearwater
recreation centers 55% 97 178 56% Similar
Participated in a
recreation program
or activity 41% 151 207 46% Below
Visited a
neighborhood park
or City park 86% 101 214 85% Similar
Recreation programs
or classes 64 134 321
Recreation centers or
faci lities 65 75 266
61
Similar
59
Above
The National Citizen SurveyTM
25
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 28 of 33
City of Clearwater I 2008
Opportunities to
attend cultural
activities 56 96 256 52 Above
Educational
opportun ities 53 98 142 57 Below
Used Clearwater
public libraries or
their services 76% 59 185 72% Above
Participated in
religious or spiritual
activities in
Clearwater 57% 5 10 52% Above
Public library services
Availability of
affordable quality
health care 45 90 187 46 Similar
Availability of
affordable quality
food 54 47 83 56 Similar
Availability of
preventive health
services 48 10 19 49 Similar
The National Citizen SurveyTM
26
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 29 of 33
City of Clearwater I 2008
Openness and acceptance
of the community toward
people of diverse
backgrounds 51 133 224 54 Similar
Availability of affordable
quality child care 38 114 177 41 Similar
Clearwater as a place to
raise kids 57 250 346 64 Below
Clearwater as a place to
retire 61 91 317 56 Above
Services to youth
S
res idents
Similar
43
86
201
41
Similar
Opportunities to
participate in community
matters
Opportunities to volunteer
53
66
12
10
25
24
56
63
Similar
Similar
The National Citizen SurveyTM
27
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 30 of 33
City of Clearwater I 2008
Attended a meeting of
local elected officials or
other local 24% 142 203 28% Below
Watched a meeting of
local elected officials or
other local public meeting
on cable television 56% 39 178 46% Above
Volunteered your time to
some group or activity in
Clearwater 38% 141 211 43% Below
Participated in a club or
CIVIC in Clearwater 32% 7 12 31 % Similar
Provided help to a friend
or neighbor 96% 3 11 94% Similar
Read Clearwater
Newsletter advertisement
(C-News) in the St.
Petersburg Times 67% 129 158 79% Below
Visited the City of
Clearwater Web site (at
www.myclearwater.com) 59% 9 21 57% Similar
Cable television
Public information
services
60
10
173
48
Above
60
78
261
56
Above
The National Citizen SurveyTM
28
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 31 of 33
City of Clearwater I 2008
Opportunities to
participate in social
events and activities
56
12
27
55
Similar
Has contact with
neighbors at least
once per month
76%
5
13
75%
Similar
Value of services for
the taxes paid to
Clearwater 46 297 354 54 Below
The overall direction
that Clearwater is
taking 45 257 293 55 Below
Job Clearwater
government does at
welcoming citizen
involvement 43 294 309 58 Below
Job Clearwater
government does at
listening to citizens 37 262 275 50 Below
Overall image or
reputation of
Clearwater 58 100 195 58 Similar
The National Citizen SurveyTM
29
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 32 of 33
City of Clearwater I 2008
Services provided
by the City of
Clearwater 59 206 384 60 Similar
Services provided
by the Federal
Government 41 148 242 43 Similar
Services provided
by the State
Government 43 157 244 44 Similar
Pinellas County
government general 51 10 24 48 Similar
Had contact with
city employee(s) in
last 12 months
53%
219
59%
Below
City employee
68 167 325 68 Similar
City employee
responsiveness 64 184 319 65 Similar
City employee
courteousness 69 261 68 Similar
Overall
Impression 66 153 362 64 Similar
The National Citizen SurveyTM
30
Item # 11
Confidential: for internal circulation only
Attachment number 4
Page 33 of 33
City of Clearwater I 2008
JURISDICTIONS INCLUDED IN POPULATIONS 64,000-149,999
BENCHMARK COMPARISONS
Fort Smith, AR ............................................ 80,268
Cococino County, AZ............................... 116,320
Peoria, AZ ................................................108,364
Yuma, AZ ................................................... 77,515
Bellflower, CA.......... ......... ......... ................ 72,878
Carlsbad, CA .............................................. 78,247
Concord, CA ............................................ 121,780
Livermore, CA ............................................ 73,345
Lynwood, CA ............................................. 69,845
Mission Viejo, CA ...................................... 93, 102
Mountain View, CA.................................... 70,708
Newport Beach, CA ................................... 70,032
Redd i ng, CA.. ......... ........... ......... ................80,865
Richmond, CA............................................ 99,216
Santa Monica, CA....................................... 84,084
Sunnyvale, CA.......................................... 131,760
Walnut Creek, CA ...................................... 64,296
District of Saanich, Victoria, Canada.......... 103,654
Kelowna, Canada ....................................... 96,288
Oakville, Canada...................................... 144,738
Thunder Bay, Canada ............................... 109,016
Arvada, CO .............................................. 102,153
Boulder, CO .......................................... ..... 94,673
Fort Collins, CO ....................................... 118,652
Highlands Ranch, CO................................. 70,931
Lakewood, CO ......................................... 144,126
Mesa County, CO..................................... 116,255
Thornton, CO ........................................ ..... 82,384
Westminster, CO......................................1 00,940
Cape Coral, FL.......................................... 102,286
Charlotte County, FL ................................ 141 ,627
Coral Springs, FL ...................................... 117,549
Daytona Beach, FL ..................................... 64,112
Gainesville, FL ........................................... 95,447
Melbourne, FL......................................... ...71,382
Miami Beach, FL ........................................87,933
Palm Bay, FL ..............................................79,413
Maui, HI................................................... 128,094
Davenport, IA.... ......... ......... ........... ............98,359
Evanston, IL ......................................... .......74,239
Naperville, IL ........................................... 128,358
Palatine, IL ........................................ .........65,479
Lawrence, KS. ......... ......... ......... ......... .........80,098
Olathe, KS .................................................. 92,962
Overland Park, KS .................................... 149,080
Daviess County, Ky.................................... 91 ,545
Cambridge, MA........................................ 101,355
Ann Arbor, MI.......................................... 114,024
Troy, MI............................................. ........80,959
Carver County, MN.................................... 70,205
Scott County, MN ......................................89,498
Columbia, MO........................................... 84,531
Independence, MO .................................. 113,288
Lee's Summit, MO ..................................... 70,700
Ashevi lie, N C......... ......... ........... ......... ...... 68,889
Cary, NC... ........... ......... ........... ................. 94,536
High Point, NC .......................................... 85,839
Wilmington, NC ........................................ 90,400
North Las Vegas, NV................................ 115,488
Sparks, NV ............................................ ..... 66,346
Broken Arrow, OK ..................................... 74,839
Edmond, OK .............................................. 68,315
Eugene, OR.............................................. 137,893
Gresham, OR............................................. 90,205
Pickens County, Sc.................................. 110,757
Sioux Falls, SD ......................................... 123,975
Grand Prairie, TX ..................................... 127,427
McAllen, TX............................................. 106,414
Pasadena, TX ........................................... 141,674
Albemarle County, VA ...............................79,236
Hanover County, VA.................................. 86,320
Lynchburg, VA ........................................... 65,269
Roanoke, VA.............................................. 94,911
Spotsylvania County, VA............................ 90,395
Stafford County, VA ................................... 92,446
Chittenden County, VT ............................ 146,571
Bellevue, W A........................................... 109,569
Bellingham, WA......................................... 67,171
Kent, WA ................................................... 79,524
Vancouver, WA ....................................... 143,560
Ozaukee County, Wi................................. 82,317
The National Citizen SurveyTM
31
Item # 11
Attachment number 5
Page 1 of 12
~
- National Citizen SurveyTM
CITY OF ClEARW A TE R, F l
2008
Report of Geographic Subgroup Comparisons
.
[~ NATIONAL
'-..1 RESEARCH
C E H , E R IRe.
3005 30th Street
Boulder, CO 80301
wW.n-r-c.com · 303-444-7863
\ _ ~ J
I' J' '! ',',
, ,
" . JIll ' '
--:~..... I I I ~
I r \~ I I
.~ _\ - ~_ 1\= '._ _ _
777 North Capitol Street NE, Suite 500
Washington, DC 20002
www.icma.org · 202-289-ICMA Item # 11
Attachment number 5
Page 2 of 12
City of Clearwater I 2008
Su rvey Background............................................................................................................. 1
About The National Citizen Su rveyTM ........................................................................................ 1
Understand i ng the Resu Its........................................ ................................................... ....... 2
"Don't Know" Responses......................................................................................................... 2
Understand ing the Tables......................................................................................................... 2
Comparisons...................................................................................................................... 3
The National Citizen SurveyTM
Item # 11
Attachment number 5
Page 3 of 12
City of Clearwater I 2008
ABOUT THE NATIONAL CITIZEN SURVEY"
The National Citizen surveyTM (The NCsTM) is a collaborative effort between National Research
Center, Inc. (NRC) and the International City/County Management Association (ICMA).
The survey and its administration are standardized to assure high quality survey methods and
comparable results across The National Citizen surveyTM jurisdictions. Participating households are
selected at random and the household member who responds is selected without bias. Multiple
mailings give each household more than one chance to participate with self-addressed and postage
paid envelopes. Results are statistically weighted to reflect the proper demographic composition of
the entire community.
The National Citizen surveyTM customized for this jurisdiction was developed in close cooperation
with local jurisdiction staff. The City of Clearwater staff selected items from a menu of questions
about services and community problems; they defined the jurisdiction boundaries NRC used for
sampling; and they provided the appropriate letterhead and signatures for mailings. City of
Clearwater staff also determined local interest in a variety of add-on options to The National Citizen
surveyTM Basic Service.
The National Citizen SurveyTM
1
Item # 11
Attachment number 5
Page 4 of 12
City of Clearwater I 2008
4WDON'T KNOW4t RESPONSES
On many of the questions in the survey respondents may answer "don't know." The proportion of
respondents giving this reply is shown in the full set of responses included in Appendix A.
However, these responses have been removed from the analyses presented in the body of the
report. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
UNDERSTANDING THE TABLES
In this report, comparisons between demographic subgroups are shown. For most of the questions,
we have shown only one number for each question. We have summarized responses to show only
the proportion of respondents giving a certain answer; for example, the percent of respondents who
rated the quality of life as "excellent" or "good", or the percent of respondents who felt the rate of
growth was "about right."
ANOVA and chi-square tests of significance were applied to these comparisons of survey questions
by demographic subgroups. A "p-value" of 0.05 or less indicates that there is less than a 5%
probability that differences observed between subgroups are due to chance; or in other words, a
greater than 95% probability that the differences observed are "rea!." Where differences were
statistically significant, they are marked in gray.
The 95 percent confidence level for this survey is generally no greater than plus or minus four
percentage points around any given percent reported for the entire sample (735 completed
surveys). For each District (1,2, 3, 4 or 5), the margin of error rises to approximately + or - 9%
since sample sizes were approximately 191 for District 1, 115 for District 2, 151 for District 3, 140
for District 4 and 138 for District 5.
Districts generally correspond to the following areas and zip codes:
District 1 - Countryside (33763, 33761)
District 2 - Beaches (33767, some 33786)
District 3 - Downtown (33755, 33756)
District 4 - Central/Morningside (33764, 33765)
District 5 - East (33759)
The National Citizen SurveyTM
2
Item # 11
co
0
0
N eft eft eft eft eft eft eft
N '" L1"l CO 0 M L1"l
~ L1"l L1"l CO '-D '-D
(l) L1"l '-D
~
~
~ eft eft eft eft eft
(l)
u eft eft '" '" N CO L1"l
N I'-- "T L1"l I'-- '-D '-D
'0 L1"l '-D
.c
U eft eft eft eft eft
0 M CO L1"l M
eft eft L1"l L1"l '-D L1"l L1"l
L1"l M
"T '-D
eft eft eft eft eft
CO "T '-D N L1"l
"T L1"l I'-- L1"l L1"l
eft eft
M
L1"l I'--
eft eft eft eft eft ...-
'" "T L1"l '-D ...-
"T L1"l I'-- '-D L1"l
eft eft ::t:I::
N I'-- E
L1"l '-D
Q)
......
<.Ii
0..
:J
0
"-
OJ:)
...0
:J
Vl
C M
(l)
(l)
~
.......
(l)
...0
Vl
(l)
U (l)
C ~
(l) (l) ~
"- ,~ (l)
~ -0 ~
'0 ~
"'0 ~
....... (l)
C U if>
~ C (l)
U '.;:0
~ if> if> ';;:
C -0 c "-5
OJ:) ~ Qj (l) ~
E r1l
Vl ~ ~ ..c -0 ~
>- .8 ~ if> C ~
r1l
~ ..D if> E
~ ..3! .2:l C .c
u U if> if> (l)
....... (l) (l) > c
Vl C Qj C (l) '.;:0 (l) :J
....... ~ U ';;: E
(l) ~ c ';;:
~ > ~ "-5 r1l E
....... ::Q (l) Qj 'u
Vl ~ Qj
.8 (l) E if> r1l 0 0
(l) ..c (l) ~ if> U
....... u -E 0.. -0 ~ c ~
~ -'L ~ U ~ 0 c c (l)
(l) '0 .E ~
U if> 0 .~ c ~ (l) r1l (l) (l)
"'0 .~ ~ ..3! > if> :J if> ~ Qj ~ ~
-2 ~ (l) if> U (l) if> ~
C U (l) -0 (l) :~ (l) 0.. (l) 0..
r1l .8 .8 .8 ~ C if> -0 :~ 'u C 'u ..3!
>- if> '0 ~ ~ 'U:; (l) c c c '.;:0 :J '.;:0 U
r1l (l) (l) (l) '0 (l) :J '.;:0 ~ .e
(l) u u u ~ .2 ~ ~
"- .!:2 r1l .!:2 ..q (l) C ..D C ~ 0 c
OJ:) u (l) '0 '0 .2 0 0 0.. > 0..
0.. 0.. 0.. C 0..
"'0 r1l r1l r1l (ii r1l U 0 .8 0.. 0.. .8 .8 .8 (l)
:J ~ .c .c 0 0.. >
(l) if> if> if> -0 '0 0.. if> 0 if> if> if> g
"'0 r1l r1l r1l 0- c (l) 0.. (l) (l) (l) (l)
~ ~ ~ ~ r1l 0.. if> r1l r1l 0 '.;:0 r1l r1l '.;:0 :~ :~
(ii 0.. if> :J :J C ~
....c (l) (l) (l) r1l (l) 0- '0 0- CO c 0 c c c c
Vl ~ ~ ~ Qj C c .2 .~ 0 .2 .2 .2 u
Vl ~ ~ ~ > r1l r1l r1l 0.. 0 .~ 0 0 0 '0
0 c (l)
~ ~ ~ ~ Qj r1l Qj Qj 0.. 0.. b u 0.. 0.. 0.. (l)
(l) :J ..3! ..3! ..3! (l) > ..3! > > 0 0.. :J 0.. 0.. 0.. if>
0 ..c ..c (l) -0 r1l
U >- u u U f- a u a a Vl a ~ L.l.J a a a L.l.J
":JUI 'JajuaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
co
0
0
N eft eft eft eft eft eft eft eft eft eft eft
'" "T CO M M '-D N I'-- "T 0
~ '-D M N M "T "T '-D L1"l CO '"
(l)
~
~ eft
~ eft eft eft eft eft eft eft eft eft eft
(l) 0
U L1"l I'-- CO N '-D '-D '-D '"
'-D N N M M "T L1"l L1"l CO
'0
.c eft
U eft eft eft eft eft eft eft eft eft eft I'--
'" "T I'-- '" "T '-D I'-- '-D "T "T CO
'-D M N N M "T L1"l "T CO
eft
eft eft eft eft eft eft eft eft eft eft I'--
0 '"
0 '-D N '-D I'-- CO "T
'-D N N N "T '-D L1"l '"
eft
eft N
eft eft eft eft eft eft eft eft eft M '"
...-
'" '-D I'-- I'-- I'-- I'-- N M M ...-
L1"l N N N N "T '-D L1"l CO
::t:I::
E
Q)
......
""
~
(l)
~
~
~
..3!
U
c
E "T
(l)
..D
0
D..
r1l
if>
..3!
u
..c
(l)
>
-'L
C
:J
~
0
if>
0
-0
~ (l)
(l)
(l) ~
~
~ if>'
~ CO
c
(l) ..3! ::Q
(l) ~ U ~
~ c (l) :J
CO U if> ..D
C u -E (l) C ~
~ 'U:; ::Q u ~ c
.g :J r1l -0 "2: (l) ~ u ~
0
Qj 0 ..c (l) ..2 (l) E ..3! QJ 0
..c u ..c if> c -0
~ CO .c ..q ..q ..q :E 2 u if>' c
~ c C
~ Qj :i2 r1l r1l r1l r1l r1l ';;: '0 ~ 2
..3! ru r1l if> :J :J :J :J (l) C C :J (l)
~ QJ 0- 0- 0- 0- ..c (l) 0 .2:l ~
u ~ E; .~
~ -0 ..3! ..3! ..3! ..3! ~ if> -
C ~
C if> ..D ..D ..D ..D :J :J r1l
(l) r1l ~ r1l r1l r1l r1l ~
(l) U if> 0 ""2 ""2 ""2 ""2 0.. if>' ~
> c ~ ~
..c ';U 0 0 0 0 ......
g c ~ .8
E ::::: ::::: ::::: ::::: ~ ..c
co 0.. r1l r1l r1l r1l ~ 0 u ~ (l)'
c '0 c '0 '0 '0 '0 '0 (l) (l) r1l (l)
:i2 0 > co (l) Co
.c ~ ..q .c .c .c 0 r1l ..D ..c (l)
r1l '0 .c '0 E '0 ~ -0
~ 0
'0 '0 ..D ;:;:: C ..D ..D ..D ..D r1l ..q ..q 0 ~
.!:2 u :J .!:2 .!:2 .!:2 .!:2 :J ~ Co ..c
(l) (l) '(ii s= 0 '(ii '(ii '(ii '(ii 0- r1l (l) r1l '(ii if> ~
if> if> > r1l E > > > > ~ :J > :J QJ ..D 0
r1l r1l c= :.;c 0' 0 0' ..Q,
L.l.J L.l.J <( <( <( <( <( <( ~ f-
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
co
0
0
N
~ eft eft
(l) '"
~ CO M
~
~
(l)
u
'0
.c eft eft
U L1"l '"
I'-- N
eft eft
CO "T
...-
...-
::t:I::
eft eft E
0 N
CO M Q)
......
eft eft
'"
I'-- N
L1"l
~ >-
r1l
if> -0
r1l (l)
~ -E -'L
U CO ~
'X -0
c ~
.:t:: .8 'i:: (l) -;J;'
(l) :J .:t::
-E CO -0 r1l (l)
c E
>: -0 r1l r1l "6
(l) (l)
~ :J ~ ~
~ u c c (l)
C if>
~ ~ (l)
:J if>' 2-
..D 0 0
-0 C C
cp ~ (l)
~ ~ E
~ N 0 0
r1l "6
if> ..c -0 -0
(l) r1l _if> _if> if>
E C Qj Qj
"6 (l) ru ru
.c E ~ ~
c ~ ~
Qj 2 ..3! ..3!
0.. ';;: U U
0
0: c E E
L.l.J
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
co
o
o
N
~
(l)
~
~
~
(l)
u
'0
.c
U
...-
...-
::t:I::
E
Q)
......
0
c (l)
-0
0 ';;:
'U:;
';;: CO
..3! c
~ E '-D
r1l
(l) E;
..D
r1l if> if>
U (l) r1l
C E c
0 f= 0
CO CO ~ CO
c c c
.~ .~ :J .~
..D
(l) (l) ~ (l)
E E (l) E
,~ ,~ QJ ,~
Cl...
..D ..D V; ~ ..D
:J :J (l) :J
0.. 0.. ~ 0..
(l) ~ Qj
r1l r1l -E r1l
U U ~ ~ u
.2 .2 c ..3! ~ .2
~ ~ (l) U ~ ~
(l) (l) ~ E (l)
..c ..c ~ 0 c ..3! U ..c
0 0 (l) ..c U Qj 0
~ ~ Z ~ .c c ~ QJ ~
0 0 ~ :J ';;: ~ (l)' 0
~ 0 "-5 if> ~ -'L
>- (l)
r1l r1l C E- E r1l '.;:0 ..3! :.0 r1l
-'L 'u 'u (l) ~ ';;: U 'u
~ ~ <;: s= E E 0 "-5 - s=
'0 ~ c 0
0 0.. 0 (l) 0.. ~ 0 0
.c if> 'U:; if> :J r1l 0 0..
~ -0 -0 .-e ..D ..3! 0 (ii ..D ~ -0
U (l) (l) - Co ..c (l)
(l) ti ti (l) (l) 0 .2 ~ ti
C > S ,29
~ ..3! (l) -0 ..D (l) 'i:: (l) C (l)
(l) 0
u (l) (l) r1l ~ ~ E '0.. u c 0 (l)
-'L ~ (l) 0 0 if> ';;: 0 .~
c c ~ (ii (ii ~ if> if> ..c (ii
0 0 0.. U U ]! ~ c .8 0 'u u u
.~ .~ .2 .2 r1l ~ -0 r1l 0 .2
-0 if> ~ U if> 0 C (l) 0..
(l) (l) 0 '0 '0 ~ ..3! (l) :J (l) ..D if> '0
b b 0 ~ E 0 ..D :E c
(l) U (l) '50 :J ~
~ -E co co '.;:0 (l) g co
~ c c z '0 0.. ~ U r1l ~ C
0 r1l
Qj r1l ..D .~ .~ Qj 0.. :J ~ r1l .8 ~ (l) .~
0 >
~ c ..c (l) (l) ~ -0 >- c c ~ (l)
,29 0.. .~
~ E E ~ (l) -0 (l) E
(l) if> -0 (l) c
~ C r1l r1l ~ (l) :J ~ (l) ..c U ~ r1l
..3! r1l -0 -0 ..3! -E -0 (l) ~ -0 r1l -0
U (l) (l) U ..3! (l) 0.. (l) r1l (l)
-0 -0 ..c -0 C -0 -0 ..c
:~ C U :~ U 'u :~ U
-0 -0 >- :J ';;: -0
(l) ~ ~ r1l U '.;:0 (l) ~
if> if> if> 0 ~ 0 if> if>
:> < S (l) :> (l) 0: :> S
:J ~ ~ > Cl... :J
":JUI 'JajuaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
co
0
0 eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft "g eft eft eft
N 0
'" N 0 I'-- N M "T CO CO I'-- "T CO L1"l '" L1"l '" 0 "T I'-- 0
~ I'-- '" '" L1"l L1"l '-D '-D L1"l M Uj CO '-D I'-- "T I'-- M '-D Uj M CO I'--
(l)
~
~ eft eft eft eft eft eft eft eft eft "g eft eft eft eft eft eft eft "g eft "g eft
~ 0 0 0
I'-- N 0 0 '" 0 M '" N Uj '" N '-D 0 I'-- I'-- "T I'-- CO I'--
(l) I'-- '" '" '-D "T '-D I'-- L1"l "T "T CO CO I'-- L1"l '-D "T '-D \0 "T CO I'--
U
'0 eft eft eft eft eft eft eft eft eft "g eft eft eft eft eft eft eft "g eft "g eft
.c 0 0 0
CO L1"l M '" "T CO '-D CO 0 0 N 0 N CO '" '" "T "T
U '-D '" CO '-D "T '-D '-D L1"l "T '-D '" CO CO "T I'-- M L1"l M M CJ'> I'--
eft eft eft eft eft eft eft eft eft "g eft eft eft eft eft eft eft "g eft "g eft
0 0 0
'" '-D M I'-- "T M '-D I'-- CO 0 M L1"l "T CO L1"l I'-- 0 I'-- 0 I'--
I'-- '" '" L1"l "T '-D '-D L1"l M "T '" I'-- CO L1"l I'-- N "T \0 M CJ'> '-D
eft eft eft eft eft eft eft eft eft "g eft eft eft eft eft eft eft "g eft "g eft
0 0 0
L1"l CO '-D '" 0 '-D N '" 0 '" M L1"l M CO '-D Uj M I'-- '-D
CO '" CO L1"l L1"l '-D I'-- L1"l "T "T '" I'-- CO L1"l CO M '-D \0 L1"l CO '-D
...-
...-
::t:I::
E
Q)
......
U
QJ
if>'
CO
C
if> ::Q
(l) :J
U ..D
"2: -0
(l) (l)
if> C
0
r1l -0
,~ c
-0 c if> if> CO r1l ..3!
(l) (l) C ..D
E 0 if> (l) r1l 0..
.~ if> '.;:0 C 0 if>
>- .!:2 0 if>' (l) (l)
u u u 'u N -0 0.. U
C :J ~ ...2:l -0 (l) C (l) ';;:
(l) -0 (l) 0 C (l) if> Qj
(l) U if> ~ ~ (l) E
~ c (l) if> 0 r1l E 0 (l) if>
-0 C CO u E u
(l) r1l C C 0.. ~ CO C 0.. if> u "2: c
E c c (l) c "2: 0 :J r1l C 0 0 c 0
r1l (l) E "-5 ~ Co (l) (l) ..c '~
(l) 0 c E C (l) ~ c c E (l) :J (l) .~
if> ~ .~ (l) CO '.;:0 if> ,~ (l) if> 0 C C if>
..3! CO (l) >
(l) 0 0 ::: c CO '(ii - ~ (l) D.. (l) r1l (l) (l) (l) 0 .2 >- E
u if> (l) .~ ~ C r1l 0.. r1l U U ::: if> >- ~
"2: (l) (l) > ...8 c E E if> 0 C ~ "2: 0.. -0
U U (l) (l) '(ii r1l C C U ~ .~ if> C c ...8 .8 .8 .8 ls ...8
c 0.. ,29 g CO 0 0 (l)' ,~
(l) "2: c D.. > (l) ,29 -'L if> CO (l) -'L C
if> r1l ~ (l) ~ if> (l) C r1l -0 if> ~ .~ .~ if> C E if> if> if>
U r1l ~ CO ~ C :J (l) (l) (l) (l)
(l) (l) :J (l) U ~ U r1l U :;;2 ~ 0.. 0 U U U U U
,~ if> E 0.. s= QJ QJ QJ s= 0 ..D >- E (l) (l) (l) (l) c ';;: ';;:
..D (l) -0 c ~ .c b b -0 -0 ';;:
~ E ~ r1l ~ ~ ~ :Q r1l if> ~ U ~ 0 'i:: C 0 Qj Qj Qj ..D ..D
0 (5 c= Vl Vl Vl c= :J (l) Vl (l) U (l) (l) r1l 0 U :J :J
Cl... LL <( LL Vl CO lJ ~ >- 0 Vl ~ ~ --' U L.l.J Vl Vl Vl Cl... Cl...
":JUI 'JajUaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
I'--
co
0
0 eft eft eft eft eft eft
N eft eft eft eft eft eft
N L1"l "T M 0 '" L1"l I'-- I'-- M '-D M
~ L1"l '-D '-D '-D CO '-D I'-- "T "T L1"l CO CO
(l)
~
~ eft eft eft eft eft eft eft eft
~ M "T L1"l '-D M eft eft eft eft
(l) '-D '-D I'-- L1"l I'-- I'-- N '-D
0 '-D L1"l '-D CO I'--
U I'-- M M L1"l
'0 eft eft eft eft eft eft
.c '-D L1"l "T N N L1"l eft eft
U L1"l '-D I'-- L1"l I'-- '-D eft eft eft eft '"
CO N "T I'-- '-D
'-D "T "T L1"l
eft eft eft eft eft eft
0 '" I'-- N L1"l ;:::: eft eft
"T '-D I'-- I'-- CO
eft eft eft eft ;:::: '"
'-D
CO L1"l
eft eft eft eft eft eft '-D "T "T L1"l
L1"l L1"l I'-- eft eft
L1"l I'-- I'-- '-D I'-- '-D
M I'--
eft eft eft eft CO I'--
N "T '-D "T ...-
I'-- M M L1"l ...-
::t:I::
E
Q)
-;J;' ......
c
0
.~
.2
'U:;
>-
u
c
(l)
CO
Qj
E
(l)
~
(l)
..c
0
~ CO
0
~
~
if>
r1l
if>
-0 ~
~ (l)
:J ..D
~ C
(l)
C (l)
~ Co
..2 -0
..q C
r1l
C if>
:J -0
E c
E .!:2
0 E
u .2
(l)
-E (l)'
(l) u
~ r1l
0..
0.. if>
(l) c
D.. (l)
~ 0..
0
-E if>
r1l -;J;'
if>
(l) ..c r1l
u u lJ
';;: :J
if> ~
Qj if> (l) C
~ r1l ~ (l)
(l) ~ E
if> ~ C
if> ~ E
(l) Qj (l)
c ~ ..3! E C (l)
-0 ~ ~ (l) >
(l) :J (l) E E 0 c
ru u ~
~ c ..q (l) c lJ 0
C 0.. C r1l ~ > Qj if>
0 >- if>
0 ~ '0 c ..3! if> if>
~ 'U:; (l) .~ U lJ > C (l) ~
0 0.. C 0 :J C
';;: C 0..
0 >- 0 if> '0 ~ lJ 0 (l) E
..c ..3! u .~ '(ii r1l U ,~
u c ~ CO .c (l) (l) if> >-
if> ~ (l) C: -0 ~ if> C if>
U ..3! ~ ..c ~ U (l) Vl .!:2 0 i! r1l
(l) U :J LL 0.. Qj
..D (l) if> (l) :J
..D E (l) r1l ~ (l) (l) (l) C if> >
:J r1l (l) ..c ..c ..c (l) 0
Cl... U L.l.J 0: CO z r- r- r- 0:: ~ u 0
":JUI 'JajuaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
co
0
0
N eft
'"
~ "T
(l)
~
~
~ eft
(l)
U "T
'0
.c
U
-0
0
0
..c
0
..D
..c
CO
'(ij
c
>-
..D
~ (l) (l)
(l) E E
c
>- 0 0
c ..c ..c
r1l ~ ~
~ :J :J
0 0 0
>- >-
-0 '0 '0
0
0 if> if>
-E (l) (l)
0 :J :J
..D C C
..c E E
CO
'(ij 0 0
C M
~ C C
:J
0 -E -E
>-
c ~ ~
":JUI 'JajUaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
...-
...-
::t:I::
E
Q)
......
'"
co
o
o
N
~
(l)
~
~
~
(l)
u
'0
.c
U
"" (l)
C 0
0
.~ ..c
r1l ~
if> 0 0
Qj if> (l)
C U
r1l s=
(l) .~
U 0
C (l) -
0 0 r1l
.~ 0.. .~
(l) if> (l)
b -E '(ii '(ii -0
(l) ~ ~ 'U:;
~ (l) ~
if>
0 (l) (l) (l)
0.. E E E
0.. 0 0 0
0 if> if> if>
-E -E -E
'~ '~ '~
(l)
u (l) '(ii
<;: 0 ~ ~
'0 ..c c
:J ~ ~ 0
0 - '(ii
if>
QJ
~
":JUI 'JajuaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
...-
...-
::t:I::
E
Q)
......
o
Attachment number 6
Page 1 of 14
~
- National Citizen SurveyTM
CITY OF ClEARW A TE R, F l
2008
Report of Demographic Subgroup Comparisons
.
[~ NATIONAL
'-..1 RESEARCH
C E H , E R IRe.
3005 30th Street
Boulder, CO 80301
ww,n-r-c.com · 303-444-7863
\ _ ~ J
I' J' '! ',',
, ,
" . JIll ' '
--:~..... I I I ~
I r \~ I I
.~ _\ - ~_ 1\= '._ _ _
777 North Capitol Street NE, Suite 500
Washington, DC 20002
www,icma,org · 202-289-ICMA Item # 11
Attachment number 6
Page 2 of 14
City of Clearwater I 2008
Su rvey Background............................................................................................................. 1
About The National Citizen su rveyTM ........................................................................................ 1
Understand i ng the Resu Its........................................ ................................................... ....... 2
"Don't Know" Responses......................................................................................................... 2
Understand ing the Tables......................................................................................................... 2
Comparisons...................................................................................................................... 3
The National Citizen SurveyTM
Item # 11
Attachment number 6
Page 3 of 14
City of Clearwater I 2008
ABOUT THE NATIONAL CITIZEN SURVEY"
The National Citizen surveyTM (The NCsTM) is a collaborative effort between National Research
Center, Inc. (NRC) and the International City/County Management Association (ICMA).
The survey and its administration are standardized to assure high quality survey methods and
comparable results across The National Citizen surveyTM jurisdictions. Participating households are
selected at random and the household member who responds is selected without bias. Multiple
mailings give each household more than one chance to participate with self-addressed and postage
paid envelopes. Results are statistically weighted to reflect the proper demographic composition of
the entire community.
The National Citizen surveyTM customized for this jurisdiction was developed in close cooperation
with local jurisdiction staff. The City of Clearwater staff selected items from a menu of questions
about services and community problems; they defined the jurisdiction boundaries NRC used for
sampling; and they provided the appropriate letterhead and signatures for mailings. City of
Clearwater staff also determined local interest in a variety of add-on options to The National Citizen
surveyTM Basic Service.
One of the add-on options that Clearwater chose was to have crosstabulations of evaluative
questions 1-18 by demographic questions D3 (length of residency), D7 (presence of children), D12
(respondent age) and D13 (respondent gender).
The National Citizen SurveyTM
1
Item # 11
Attachment number 6
Page 4 of 14
City of Clearwater I 2008
4WDON'T KNOW4t RESPONSES
On many of the questions in the survey respondents may answer "don't know." The proportion of
respondents giving this reply is shown in the full set of responses included in Appendix A.
However, these responses have been removed from the analyses presented in the body of the
report. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
UNDERSTANDING THE TABLES
In this report, comparisons between demographic subgroups are shown. For most of the questions,
we have shown only one number for each question. We have summarized responses to show only
the proportion of respondents giving a certain answer; for example, the percent of respondents who
rated the quality of life as "excellent" or "good", or the percent of respondents who felt the rate of
growth was "about right."
ANOVA and chi-square tests of significance were applied to these comparisons of survey questions
by demographic subgroups. A "p-value" of 0.05 or less indicates that there is less than a 5%
probability that differences observed between subgroups are due to chance; or in other words, a
greater than 95% probability that the differences observed are "rea!." Where differences were
statistically significant, they are marked in gray.
The National Citizen SurveyTM
2
Item # 11
co
0
0 eft eft eft eft eft
N
"T I'-- I'-- '-D I'--
~ I'-- L1"l "T '-D I'--
(l)
~
~ eft eft eft
~ M '" M
(l) L1"l '-D I'--
U
'0
.c
U
...-
...-
::t:I::
E
Q)
......
<.Ii
0..
:J
0
"-
OJ:) eft eft
...0 "T M
:J '-D I'--
Vl
C M
(l)
(l)
~
.......
(l)
...0 eft eft
Vl ;:::: I'--
(l) I'--
U
C
(l)
"-
~
"'0 eft eft
....... '-D "T
C '-D I'--
~
U
~
C
OJ:)
Vl
>-
~
U
....... ~
Vl C (l)
....... (l) ~ ~
~ > ~
....... ::Q
Vl ~
(l) .8 ..c ..3!
....... u
~ (l) (l) -f: ~ u
u u
.!:2 if> 0 .~ c
"'0 0.. .~ ~ -2
c r1l .8 .8 .8
if>
>- r1l (l) (l) '0
(l) u u
"- -0 .!:2 .!:2 ..q
OJ:) 0
0 0.. 0..
"'0 ..c r1l r1l r1l (ii
(l) 0 if> if> if> :J
"'0 ..D r1l r1l r1l 0-
~ ..c ~ ~ Qj ~
....c CO (l) (l)
Vl '(ij ~ ~ ~ (l)
Vl C ~ ~ ~ >
~ ~ ~ ~ 0
(l) :J ..3! ..3! ..3! (l)
0 ..c
U >- u u U f-
":JUI 'JajUaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
co
0
0 eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft
N
CO I'-- M '-D "T M 0 '-D I'-- N 0 L1"l M '"
~ L1"l I'-- '-D I'-- M L1"l '-D I'-- '-D M "T L1"l '-D M "T
(l)
~
~ eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft
~ M N "T '-D '-D I'-- CO "T "T L1"l "T
(l) '-D I'-- '-D I'-- M L1"l '-D I'-- L1"l M "T L1"l '-D M "T
U
'0
.c eft eft eft eft eft eft eft
U L1"l "T '" M "T '"
I'-- M '-D M "T L1"l '-D
eft eft eft eft eft eft eft
"T N 0 '" L1"l '"
I'-- M '-D M "T "T '-D
eft eft eft eft eft eft eft
L1"l L1"l N N '" L1"l
I'-- M L1"l M "T "T '-D
...-
...-
eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft ::t:I::
N N L1"l CO '" '-D '-D L1"l '-D M L1"l
L1"l '-D I'-- L1"l '-D M L1"l L1"l I'-- L1"l "T L1"l L1"l '-D M E
Q)
......
eft eft eft eft eft eft eft eft eft eft eft eft eft eft eft
'-D '" L1"l N L1"l L1"l "T N '-D '" '-D 0 '-D CO
L1"l L1"l I'-- '-D I'-- M L1"l '-D I'-- L1"l M "T L1"l '-D N
eft eft eft eft eft eft eft eft eft eft eft eft eft eft
CO M '-D "T '" M '-D L1"l '" M
L1"l '-D '-D "T L1"l '-D I'-- "T "T L1"l '-D N N M
"T
eft eft eft eft eft eft eft eft eft eft eft eft eft eft
'" I'-- N '" CO "T '" 0 "T M CO '"
L1"l '-D '-D L1"l L1"l L1"l I'-- M M L1"l '-D M N N
eft eft eft eft eft eft eft eft eft eft eft eft eft eft
'" I'-- '" "T '-D '" I'-- '-D L1"l I'-- CO
L1"l '-D L1"l L1"l L1"l L1"l I'-- "T "T L1"l '-D N N N
if> if>
-0 C
~ ~ (l) if>
~ (l) E ~
~ ..c -0
.8 ~ if> C ~
.c ~ r1l E
..D if> (l)
c ..3! .2:l C ..q (l) ~
:J U if> if> (l) ~ u
E (l) (l) > c u
c (l) '.;:0 (l) :J ~ -E
E u ';;: E ::Q
C ';;: r1l .g r1l
0 "-5 E Ci:i ..c (l)
u Ci:i (l) Ci:i 'u u ..c
(l) E if> r1l 0 0 ~ CO
ru if> u ~ .c ..q
-E 0.. -0 ~ ~ ~ c
~ 0 c c c (l) (l) ~ :i2
'0 r1l .E ~ ~ ~ (l) r1l r1l
~ (l) (l) (l) ~ ..3! ~ r1l if> :J :J
(l) ..3! > if> :J if> if> ~ Ci:i ~ ~ ~ QJ 0- 0-
~ (l) if> (l) if> ~ U ~ CO
U U (l) (l) u (l) (l) 0.. (l) 0.. ~ E; c ..3! (l) ..3!
c -0 '.;:0 :~ ..3! ~ -0
~ c -0 :~ 'u C 'u ..3! c :i2
r1l '0 ~ c c C if> ..D ..D ..D
D.. ~ 'U:; c .e c '.;:0 :J '.;:0 U U ..3! r1l ~ ~ r1l r1l r1l
~ (l) :J ~ .e .e ~ ~ c (l) U if> 0 -0 -e -e
(l) (l) C ..D 0 C 0..
U U ~ 0 0 0.. > 0.. > ..c ';U 0 ...8 0
(l) '0 '0 g c ~ ,~
u (l) C 0.. 0.. 0 (l) E ::::: :::::
r1l ~ r1l U .8 0.. 0.. 0.. .8 .8 .8 (l) > 0.. r1l iii r1l
-0 (l) ~ .c .c 0 0 0.. > g ..3! c ..D
'0 ~ if> if> if> g '0 :J '0 '0 '0
c > (l) (l) 0 (l) (l) u 0
r1l ,- 0.. r1l r1l (l) '.;:0 (ii c '.;:0 '.;:0 >- 0..
-0 if> ~ r1l if> .c ~ .c .c
if>...... 0.. if> :J :J C (l) ~ :J ,~ '0
r1l (l) 0- '0 0- ~ c 0 E c c c 0
:D 0 c .2 0 .2 if> .2 u ..D ..D
~ .~ >- (l) ..D ;:;:: C ..D ..D
C ~ ~ r1l (l) 0 0 .~ 0 '.;:0 0 '0 '0 '0 '0 .!:2 u :J .!:2 .!:2
c c Ci:iu (l) u ';;: s=
(l) (l) r1l (l) 0.. b 0.. 0.. 0.. (l) (l) (l) (l) '(ii 0 '(ii '(ii '(ii
0.. > ..3! > 0.. E :J 0....;::; 0.. if> if> if> if> r1l E
> (l) > > > >
0 0 0 0 c 0 -0 o ~ 0 r1l r1l r1l r1l c=
U ~ L.l.J L.l.J L.l.J L.l.J L.l.J L.l.J <( <( <( <( <(
":JUI 'JajuaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
co
0
0 eft eft eft eft
N
M M I'-- L1"l
~ '-D '-D '-D CO
(l)
~
~ eft eft eft
~ 0 '-D L1"l
(l) '-D '-D CO
U
'0
.c
U
eft
CO
CO
...-
...-
eft ::t:I::
"T
'" E
Q)
......
eft eft
L1"l 0
CO '"
eft eft
0
M '"
CO
L1"l
eft
CO
CO
eft
"T
'"
~
(l)
~
~ if>'
~ CO
c ""
..3! ::Q Ci:i
U ~
if> C Ci:i :J ~
(l) ~ ..D
U C ~ C r1l
"2: (l) ~ ~..3!
(l) E ..3! oU
if> C -0 c
:E 2 U c
';;: '0 2 E
r1l (l)
(l) c c (l)-
..c (l) 0 ~..D
r1l 2
(l) ~ .~
> 0..
.~ :J :J r1l r1l
(l) ~ 0.. ~ if>
> C ~ ........3!
~ ~ ..c ,- u
0.. ~ 0 u (l)' :.c
'0 (l) (l) r1l (l) (l)
> co (l) Co >
.c 0 r1l ..D (l)-'L
.c '0 E '0 -0 c
~ :J
..D r1l .c ,~
.!:2 :J ~ ..c ~
0- ~ 0
'(ii (l) r1l
~ > :J if>
> o -
<( :.;c 0 0' f-.2
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
co
o
o
N
~
(l)
~
~
~
(l)
u
'0
.c
U
eft
M
L1"l
eft
M
L1"l
eft
CO
L1"l
eft
L1"l
eft
'"
"T
eft
'"
"T
eft
"T
L1"l
eft
N
L1"l
eft
N
L1"l
eft
L1"l
L1"l
~
-E
>:
~
~
:J
..D
cp
~
if>
(l)
E
"6
.c
Ci:i
0..
o
0:
eft
co
'-D
eft
N
I'--
eft
o
I'--
eft
M
I'--
eft
'"
'-D
co
C
'i::
:J
-0
r1l
(l)
~
c
~
o
C
~
o
-0
_if>
Ci:i
~
~
:s ~ ~
o ..3!-o
>- U (l)
c E-5
eft
'"
I'--
eft
I'--
I'--
eft
co
eft
L1"l
eft
co
M
eft
"T
M
eft
N
eft
o
M
eft
co
eft
'-D
M
eft
I'--
eft
co
'-D
eft
M
co
"g
~
I'--
eft
'-D
I'--
eft
"T
I'--
I'--
eft
o
'"
eft
co
'-D
eft
'-D
I'--
(l)
-E
.8
-0
i!
o
0..
~
if>
r1l
~ ""
, (l)
if> U
(l) ,-
>--
o
::=: 0..
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
eft
'-D
M
~
~
iii
r1l
(l)
~
c
~
o
C
~
o
-0
_if>
Ci:i
~
~
~
(l)
u-i:
c r1l
_ -0
-;J;'
(l)
,...... E
~ ~ "6
o.Z ;};
E'~ ~
1! 1! (l)
~.; E
: 0 "6
~ -@ (f)
0.. rJl -5
(l) :J
-E~
~:s
,- 0
:s >-
o c
...-
...-
::t:I::
E
Q)
......
'-D
co
0
0 eft eft eft eft eft eft eft eft
N
CO N '-D M '-D M M I'--
~ L1"l "T CO N M L1"l M '"
(l)
~
~ eft eft eft eft eft eft eft
~ N 0 L1"l '" 0 L1"l
(l) L1"l "T CO M '-D M '"
u
'0
.c
U
...-
eft eft eft eft ...-
M "T '-D M ::t:I::
"T '-D M '"
E
Q)
......
eft eft eft
"T 0 I'--
L1"l M '"
I'--
,~ ,~ ,~
..D ..D V; ~ ..D
:J :J (l) :J
0.. 0.. ~ 0..
(l) ~ ~
r1l r1l -E (l) r1l
U U ~ ~ u
.2 0 c ..3! ~ 0
~ ~ (l) U ~ ~
(l) (l) -;J;' E (l)
..c ..c ~ 0 c ..3! Ci:i U ..c
0 0 (l) ..c U 0
~ ~ Z ~ .c c ~ QJ ~
.c 0 0 ~ :J ';;: ~ (l)' 0
';;: 0 "-5 if> ~
~ ~ >- (l) -'L ~
"-5 r1l r1l C E- E r1l '.;:0 ..3! ..D r1l
-'L 'u 'u 'u
r1l ~ (l) E 0 ';;: u -
~ 8:: s= E ~ "-5 0 s=
0 0.. 0 0 (l) 0.. C ~ 0 0
E .c if> 'U:; if> :J r1l 0 0..
~ -0 -0 .-e ..D ..3! 0 0.. ..D ~ -0
r1l (l) (l) - :J (l)
(l) Co U ti ti (l) (l) 0 Co 0 ..c ~ ti
C > S Co ,29
2 ~ ..3! (l) -0 ..D (l) (l) c (l)
(l) 0
U 0.. (l) (l) r1l ~ ~ E u c 0 (l) 0
-'L ~ (l) 0 0 ';;: .~ (l)
c c ~ (ii (ii c ~ ~ if> if> 0 ..c (ii-o
0 0 0 'u
0 0.. U U ]! ~ E c .8 u u ';;:
.~ .~ 0 .2 if> ~ r1l ~ -0 r1l 0 0
-0 ';;: if> U 0 C (l) 0.. - co
(l) 0 (l)
(l) 0 '0 o..3! ~ ..3! u (l) ..D if> '0 c
b b 0 ~ E ..D :E c
(l) U ~ (l) :J ~ E
~ -E co co(l) '.;:0 (l) g co
~ c c - Z 0.. U r1l ~ C r1l
0 ..;::::; ....9d if> 0 ~ r1l ~ E;
Ci:i r1l ..D .~ Ci:i (l) 0.. :J r1l .8 ~ (l) .~
~ ..c (l) (l)..D ~ E .c ~ 0 ~ > if>
C (l) r1l ~ -0 >- c C 0.. (l)
~ ,29 E E u ~ f= U (l) (l) .~ E r1l
-0 (l) ..3! if> -0 -0 (l) c
~ (l) C r1l r1l C ~ ~ (l) U :J ~ (l) ..c U r1l C
..3! ~ -0 0 ..3! -E >- -0 (l) ~ ~ 0
r1l -0 :J -0 r1l -0
U 0.. (l) co (l) co E ..3! (l) 0.. (l) (l) co
'u -0 -0 c ..c c U..D -0 C 'u -0 -0 r1l ..c c
if> ~ U
-0 :~ c .~ u .~ -0 Ci:i :~ >- :J ';;: :~ -0 U .~
(l) '.;:0 ~ ~ r1l ~ U '.;:0 (l) ~
if> ~ if> (l) (l) QJ if> 0 ~ 0 if> if> (l)
< S (l) (l) 0: S
:J Cl... :> E E ~ Cl... :> ~ ~ > Cl... :> :J E
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
co
0
0 eft eft eft eft eft eft eft eft eft eft eft eft eft
N 0
L1"l "T '" '" I'-- M CO '" "T M ;:::: 0
~ CO L1"l '-D L1"l "T '-D '" I'-- I'-- '-D L1"l CO
(l)
~
~ eft eft eft eft eft eft eft eft eft eft
~ L1"l 0 '" "T M '" '-D '-D I'-- "T
(l) CO I'-- L1"l L1"l '-D I'-- L1"l "T '-D CO
u
'0
.c
U
~
:J
o
>-0
-EN
'~ 0
_0
.;:n ~
,- (l)
>..c
o ~
o ,-
- (l)
-'L >
~.:.= ("'0<..>.
-O~
:J..c :J
~~~
o ...9d .8
-0 0.._
o if>
(l) (l)
ru 0.. if>
_0
~ rJl U
'+- 0 a..J
C"'~ ~
(l) CO-
.... .- ("1j
......(l)..c
o c -
~ (l)-o
0--
..c ,C2 0
...."""O-"@
:J (l) if>
o E :J
..DEO
<( ,_ ..c
...-
...-
eft eft eft eft ::t:I::
'-D '" N
'-D M '-D CO E
Q)
......
eft eft eft eft
CO M M
L1"l L1"l I'-- CO
eft eft eft
I'-- 0
'-D I'-- '-D
CO
eft eft eft
L1"l CO "T
'-D '-D L1"l
eft eft eft
'" M CO
L1"l '-D L1"l
if>
(l)
u
"2:
(l)
if>
ru
,~
-0
(l)
E
>- .~
U U
C :J
(l)] 2:J if>
~ C ~ ~ ~ ~,~ ~
(l) 0 ru E (l) E (l) - ~
:..... -+-' 1"11 bJ) C..,;::; rJl .~ a..J rJl
rJl o.~ ~:..... C ~.~ ... -9d ~ ~ Ej
~ ~ > B.~ ~ E E ,So_ru ~ 8 CO ~ '~ ~ '2: if>
"2: c ~ 25 ~ Q.J .~..:::L. rJl .:: Q.J c ~ -a bf) Q.J ..:::L.
Q.J('1j u:""'U ('1ju:.....~u~ ~~~
~ i ~ ~ ~ l l l j ~ ] ~ g ] j ~ j g
c
o
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
co
0
0 eft eft eft eft eft eft eft
N
'-D L1"l CO M '" "T '"
~ L1"l "T CO I'-- L1"l I'-- '-D
(l)
~
~ eft eft eft eft
~ M 0 '" L1"l
(l) I'-- '-D I'-- '-D
U
'0
.c
U
...-
...-
eft eft eft eft eft eft eft eft eft ::t:I::
N L1"l L1"l CO 0 '-D "T M L1"l
"T M '-D "T "T CO '-D L1"l '-D E
Q)
......
eft eft eft eft eft eft eft eft eft eft eft eft
L1"l I'-- N L1"l 0 I'-- M CO M "T CO CO
I'-- M "T M '-D L1"l "T CO I'-- L1"l '-D '-D
eft eft eft eft eft eft eft eft eft eft eft eft
M '" L1"l CO I'-- "T L1"l 0 CO CO "T N eft eft eft
I'-- M "T L1"l "T CO I'-- '-D I'-- L1"l I'-- '-D M M I'--
"T "T L1"l
'"
eft eft eft eft eft eft eft eft eft eft eft eft
'-D CO L1"l "T '-D CO 0 '" L1"l '" N
I'-- M "T L1"l "T '" '-D L1"l '-D L1"l I'-- I'-- eft eft eft
'" N
M "T L1"l
eft eft eft eft eft eft eft eft eft eft eft eft
CO CO "T 0 "T I'-- 0 M '-D '-D CO
I'-- M M L1"l M CO I'-- L1"l I'-- '-D I'-- '-D eft eft eft
I'-- '"
M M L1"l
U
QJ >-
(l) u
-E c (l)'
(l)
~ ~ u
ru
ru (l) 0..
0.. E if>
:J (l) (l) C
..D D.. ~ (l)
-0 ~ (l) 0..
(l) ..c 0
c -E 0 if>
0 ~ ru ~
if>
-0 (l) 0 ..c ru
c u if> U lJ
if> CO ru (l) ';;: ~ :J
C ..D if> ~
(l) ru 0.. Qj if> (l) C
'.;:0 c 0 if> ~
if>' if> ~ ru ru (l)
0 (l) (l) if> (l) ~ E
'u N -0 0.. U if> ~ if> C
...2:l (l) c "2: if> -0 ru= ~ c
-0 (l) (l) (l) - (l) (l) Qj
~ C ~ (l) E if> (l) C ~ ru..D ..3! E C
0 ru E 0 (l) if> -0 ~ c ~ (l) >
u (l) :J .2 (l) (l) E E 0
~ CO C 0.. if> u "2: c ru u
c 0 0 ..c c 0 ~ ru (l) c ..q (l) E lJ
(l) (l) c c Co >
C c E (l) :J '~ (l) .~ C 0.. ru 0 (l) >-
C if> 0 (l) ~ '0-0 c
c > 0 ~ ~ 0 .~ lJ > C
(l) ru (l) (l) .2 E 'U:; (l)
u ::: (l) if> >- 0 0.. ...... C C C 0 :J
0.. -0 2 0 ';;: >-.c 0 ru if> ~ lJ 0
c ...8 ,~ .8 .8 .8 ..c ..3! u ,- ~ ,- if> '(ii ru U
0 (l)' CO (l) (l)
C if> if> if> C U ~ C C c --0 ~
.~ if> E if> :J ru c -0 ~ if>
:J (l) (l) (l) (l) (l) 0 C: ru ~ (l) .!:2
(l) 0 u u u ,~ ,~ u ..3! ~ E .~ ..c LL Vl
b -0 (l) c ';;: ';;: ';;: (l)- U :J (l)
-0 ..D (l) E if> E
c 0 Qj Qj Qj ..D ..D ..D E :J (l) ~ ru ~ (l) (l) c
(l) ru 0 u :J :J :J ru 0 - ~ ru (l) ..c ..c 0::
~ --' U L.l.J Vl Vl Vl Cl... Cl... Cl... U L.l.J U 'U:; Cl......... co Z f- f-
":JUI 'JajUaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
co
o
o
N
~
(l)
~
~
~
(l)
u
'0
.c
U
(l)
(l)
6co
D..,::;
E-o
(l)2
c u
ru c
..c if>
.""!::: ...c
~ C
- 0
~E~
eN Q:i
O~..c
u _ _
~ ~ ~
~1!~
0..- ~
~ c 0
o:.c~
c.""!::: a..J
s: ~ 2
Q:i Q:i~
9- ~ 0...
C ~ if>'
>-~t;)
C (l) C
ru- 0
U ,-
""'0,+-0..
~ 0 (l)
:J.c~
o .- :.....
>- U ,
(l) (l) 2:J
;;;-E:..=
I'O :s..
eft eft
I'-- co
"T "T
eft eft
o I'--
L1"l "T
eft eft
I'-- 0
"T L1"l
eft eft
'" '-D
"T "T
if>
(l)
x
.2:l
(l)
-E
~
...8
if>
(l)
u
"2:
(l)
if>
'0
Q.J Q:i ('1j
:J ~ Q:i
~ ~ 6
1!~1!
f- U f-
co
C
:;;2
.2:l
if> ~
~ if>
(l) (l)
~ 0
~ -0
~
..3!
U
~
-E
C
o Q:i c
.u ~ Q.J
~ ~ ,.2j
~ .w
(l) co
U C
..D E
o 0
u
1!a:i
f- ~
-0
eft
o
"T
eft
M
eft
'-D
"T
eft
co
M
eft
I'--
"T
eft
L1"l
M
eft eft
'" M
M M
eft eft
"T I'--
"T M
eft
'"
M
eft
"T
M
eft
"T
"T
eft
"T
M
eft
o
L1"l
eft
"T
M
eft
co
M
eft
M
M
eft
M
"T
eft
I'--
M
.8
co
C
C
~
if>
~
if>
(l)
o
-0
c c c
(l) (l) (l)
E E E
C Q.J E
Q:i...2: Q.J
> 0 >
o > 0
COC co
~
(l)
~
~
~
(l)
U
..D if>
o C
(l)
(l) ,~
...c .""!:::
f- U
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
...-
...-
::t:I::
E
Q)
......
o
co
0
0 eft eft
N
M L1"l
~ "T
(l)
~
~ eft
~ eft 0
(l) '" L1"l
U
'0
.c eft eft eft
U 0 M L1"l
L1"l L1"l "T
eft eft eft
M CO
L1"l '-D "T
eft eft
0 N
'-D L1"l
...-
eft ...-
::t:I::
E
Q)
......
eft
0
c
OJ!
(l) -
>-'L
~ ,:::
=-5
'~ 6
>->-
E 0
~o
o ""
~-E
(l) c
..c 0
- E
'-D
X
(l)
:J C
o (l)
>-..c
o -
-0 c
>-(l)
c E
r1l 0
'+- U ..
, c (l)
U .- ..0
r1l >-=
0.. - ,-
E 'E ~
..: ~ u
r1l ~ r1l
..c :J 0..
S ~,~
-0
o
o
..c
o
..D
..c
,29
(l)
c
>-
..D
~
(l) (l) (l)
c E E
>- 0 0
c ..c ..c
r1l
~
:J
~ 0
o >-
] a a
o if> if>
-E a..J a..J
o ~ ~
..Dee
..c
co
'(ij
c
E E
o 0
M
:J C c
~-5-5
c ~ ~
":JUI 'JajuaJ 4:JJeasa~ leUO!jeN Aq ,JaAlns uaZ!jD leUO!jeN a41
co
0
0 eft eft eft eft eft
N
'" M CO N
~ '-D L1"l "T L1"l L1"l
(l)
~
~ eft eft eft eft eft
~ I'-- '-D '-D M
(l) '-D "T "T '-D L1"l
U
'0
.c
U
...-
eft ...-
N ::t:I::
'-D
E
Q)
......
eft eft
'" M
'-D L1"l
eft eft eft eft
L1"l I'-- 0 "T
"T "T '-D L1"l
eft eft eft eft N
N M CO
L1"l "T L1"l L1"l
eft eft eft
CO '-D "T
"T "T '-D
"" (l)
~ C 0
0
:J .~ ..c
r1l 0 ~
~ ..c 0 0
(l) CO if> (l)
C c u
'u r1l 8::
(l) .~
U :J 0
c -0 (l) -
0 ~ 0 r1l
.~ ~ 0.. .~
(l)
(l) -0 if> (l)
b 'U:; -E '(ii '(ii :Q
(l) c ~ ~ if>
~ 0 (l) ~
if>
CO U 0 (l) (l) (l)
c
'.;:0 0 0.. E E E
- 0..
if> 0 0 0 0
'X -0 if> if> if>
(l) (l) 0 -E
(l) -E -E
0.. C - '~ '~ '~
(l) 1: 0
(l) (l)
-'L ,29 0..
0.. U (l) '(ii
.8 E :J <;: 0 ~ ~
if> '0 ..c c
:J ~ ~ 0
0 - - '(ii
if> if>
0 0 QJ
~ ~ ~
":JUI 'JajuaJ 4:JJeasa~ leuo!jeN Aq ,JaAlns uaz!jD leuo!jeN a41
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) to C and CE Equipment of Cary, North Carolina for the purchase of one John Deere 5425 Tractor
per quote 76244 at a cost of $31,748,88 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, declare G2499, 2002 John Deere 5420 Tractor as surplus to the
needs of the City for trade-in and authorize the appropriate officials to execute same, (consent)
SUMMARY:
The purchase will piggyback the Orange County Schools Contract 07-07-04 for $37,748,88, C and CE is offering a trade-in of $6,000
for a net award of $31,748,88,
This tractor will replace G2499 that is included in the Garage CIP Replacement List for Budget year 08/09 and will be assigned to the
Parks & Recreation Department.
This tractor is used to pull the beach rakes,
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Purchase
Yes
Budget Adjustment:
None
$11,005,97
Annual Operating Cost:
Total Cost:
$8,050,00
$19,055,97
2008 to 2009
Appropriation Code
0316-94234-564100-519-
0000
Bid Required?:
Other Bid / Contract:
Amount
$31,748,88
Appropriation Comment
LIP CIP
No
Orange
County
Schools
Contract #07-
07 -04
Bid Number:
Bid Exceptions:
None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Financial Services 6) Clerk 7) Assistant City
Manager 8) Clerk 9) City Manager 10) Clerk
Cover Memo
Item # 12
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) to Fleet Products Inc, of Tampa, FL in the amount of $200,000 for the purchase of
replacement vehicle parts utilized by all City Departments during the contract period November 7,2008 through November 30,2009 in
accordance with Sec, 2,564 (1)( d), Code of Ordinances - City of Tampa Bid 410051205 and authorize the appropriate officials to
execute same, (consent)
SUMMARY:
This blanket purchase order will cover the period of 7 November 2008 to 30 November 2009 for purchase of equipment replacement
parts utilized by all City Departments,
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Purchase
Yes
Budget Adjustment:
None
$185,000,00
Annual Operating Cost:
Total Cost:
$185,000,00
2007 to 2008
Appropriation Code Amount
566-06611-550600-519-000 $200,000
Appropriation Comment
BPO
Bid Required?: No
City of Tampa
Bid
#410051205
Other Bid / Contract:
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 # 13
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT I RECOMMENDATION:
A ward a contract to Honeywell Building Solutions of Orlando, FL for the installation and service of energy saving equipment in the
Long Center for $2,445,000 in accordance with Sec, 2,564(1)(d), Code of Ordinances - Other governmental bid and authorize
appropriate officials to execute same, (consent)
SUMMARY:
The contract and purchase of this equipment is based on the State of Florida Energy Savings Contract 973-320-08-1,
We have conducted audits on four City buildings with high utility costs to determine areas that replacement of higher efficiency
equipment could result in reduced energy costs, The Long Center was one of the buildings examined and selected as the pilot building
to review and create the potential savings under this contract. All electrical and gas equipment including air conditioners, lights, water
heaters and exhaust systems were evaluated, The dehumidification exhaust system in the large pool area was removed several years ago
due to major breakdown of components, Most of the 8 air conditioning units are near the end of their life expectancy, The proposal from
Honeywell includes the following tasks:
Remove the 8 existing AIC roof top units and replace with high efficiency units,
Remove 2 existing air units, 5 existing exhaust fans and associated duct from the Aquatic area and install one high efficiency roof unit
for the upper viewing area of the natatorium and one Dehumidification Unit that will serve the pool area, This unit is very critical to
extending the life of components and paint in the pool area,
Replace existing lights fixtures with high efficiency fixtures in the gymnasium, Carlisle court area and Aquatics area,
This contract provides for a guaranteed energy and operational cost avoidance savings on a yearly basis after installation of this
equipment on utility costs, The guaranteed annual savings for the 1 st year is $184,764, The term of this contract is 20 years, Each year
an audit will be performed to determine the actual expenses incurred as compared to the established baseline and if the savings are
lower than the guaranteed amount then Honeywell will pay us the difference, If the savings is greater, we will keep the added savings,
This contract includes all preventive maintenance on the replacement systems to achieve the projected life expectancy of 20 years,
Funding for this project is available in capital project 315-94524, Long Center Major Infrastructure Improvements,
Appropriation Code
315-94524
Amount
$2,445,000
Appropriation Comment
Long Center Major Infrastructure Improvements
CIP
Bid Required?:
Other Bid I Contract:
No
State of Florida Contract #973-320-08-
1
Bid Number:
Bid Exceptions:
None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Man<ii~er ~~erk 7) City
Manager 8) Clerk
Item # 14
Attachment number 1
Page 1 of 78
HONEYWELL
AGREEMENT
CUSTOMER NAME: City of Clearwater
HONEYWELL PROPOSAL NUMBER: Performance Contract
DATE OF SUBMISSION: June 17,2008 (Revised 10/20/08)
VALIDITY PERIOD: November 10,2008
Form Rev. 11/06
Item # 14
Attachment number 1
Page 2 of 78
TABLE OF CONTENTS
ARTICLE
PAGE
1. GENERAL PROVISIONS ....................................................................................................................1
2. HONEYWELL'S RESPONSIBILITIES .............................................................................................1
3. CUSTOMER'S RESPONSIBILITIES.................................................................................................3
4. SUBCONTRACTS .................................................................................................................................4
5. INSTALLATION AND ACCEPTANCE.............................................................................................4
6. PRICE AND PAYMENT ......................................................................................................................5
7. CHANGES IN THE PROJECT ...........................................................................................................5
8. INSURANCE, INDEMNITY, WAIVER OF SUBROGATION, AND LIMITATION OF
LIABILITy.............................................................................................................................................5
9. TERMINA TION OF THE AGREEMENT .........................................................................................7
10. ASSIGNMENT AND GOVERNING LA W.........................................................................................7
11. MISCELLANEOUS PROVISIONS.....................................................................................................7
12. ARBITRATION .....................................................................................................................................9
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENT I
ATTACHMENT J
THE WORK (SCOPE-OF-WORK)
SOFTWARE LICENSE AGREEMENT
THE INSTALLATION SCHEDULE
SUPPORT SERVICES
PAYMENT SCHEDULE
ENERGY GUARANTEE
SCHEDULE OF SAVINGS
RESERVED
RESERVED
PROJECT ACCEPTANCE
Note Rel!:ardinl!: Modifications Made to this Al!:reement: Provisions in the printed document that are not to be included in
the agreement may be deleted by striking through the word, sentence or paragraph to be omitted. It is recommended that
unwanted provisions not be made illegible. The parties should be clearly aware of the material deleted from the standard form.
Do not make any modifications to this Al!:reement unless approval to do so has been l!:ranted. Chanl!:es may be made
only bv deletion as explained above, or, bv addendum.
Form Rev. 11/06
Item # 14
ARTICLE 1
GENERAL PROVISIONS
1.1 This Agreement, including all Attachments,
Exhibits, and Schedules referenced herein (hereinafter the
"Agreement") is made this day of
, 2008 (the "Effective Date") by and
between Honeywell International Inc. ("HONEYWELL"),
a Delaware Corporation, acting through its Automation
and Control Solutions business unit, with a principal place
of business at 101 Columbia Road, Morristown, New
Jersey 07962-1057, and City of Clearwater,
("CUSTOMER") with a principal place of business at 112
South Osceola Avenue, Clearwater, FL 33756
(collectively the "Parties").
1.2 EXTENT OF AGREEMENT: This Agreement,
including all attachments and exhibits hereto, represents
the entire agreement between CUSTOMER and
HONEYWELL and supersedes all prior negotiations,
representations or agreements. This Agreement shall not
be superseded by any provisions of the documents for
construction and may be amended only by written
instrument signed by both CUSTOMER and
HONEYWELL. None of the provisions of this Agreement
shall be modified, altered, changed or voided by any
subsequent Purchase Order issued by CUSTOMER, which
relates to the subject matter of this Agreement.
1.3 As used in this Agreement, the term "Work"
means the construction and services required by the
Contract Documents, whether completed or partially
completed, and includes all other labor, materials,
equipment and services provided or to be provided by
HONEYWELL to fulfill HONEYWELL's obligations, as
described in Attachment A and otherwise set forth in the
Contract Documents. The Work may constitute the whole
or a part of the Project. The Work specifically excludes
certain design and construction, which are the subject of
separate agreements between CUSTOMER and parties
other than HONEYWELL.
1.4 The Project is the total construction of which the
Work performed by HONEYWELL under this Agreement
may be the whole or a part.
1.5 The Contract Documents consist of this
Agreement, its attachments, exhibits, schedules, and
addenda.
1.6 Support Services means those services and
obligations to be undertaken by HONEYWELL in support
of CUSTOMER as set forth in Attachment D.
1. 7 Installation Schedule means that schedule set out
in Attachment C describing the Parties' intentions
respecting the times by which the components or aspects
of the Work therein set forth shall be installed and/or ready
for acceptance or beneficial use by CUSTOMER.
Form REV 11/06
Attachment number 1
Page 3 of 78
ARTICLE 2
HONEYWELL'S RESPONSIBILITIES
2.1 HONEYWELL Services
2.1.1 HONEYWELL shall be responsible for
construction of the Proj ect.
2.1.2 HONEYWELL will assist CUSTOMER III
securing permits necessary for the Work.
2.2 Responsibilities with Respect to the Work
2.2.1 HONEYWELL will provide construction
supervision, inspection, labor, materials, tools,
construction equipment and subcontracted items necessary
for the execution and completion of the Work.
2.2.2 HONEYWELL shall keep the premises in an
orderly fashion and free from unnecessary accumulation of
waste materials or rubbish caused by its operations. If
HONEYWELL damages property not needed for the
Work, HONEYWELL shall repair the property to its pre-
existing condition unless CUSTOMER directs otherwise.
At the completion of the Work, HONEYWELL shall
remove waste material supplied by HONEYWELL under
this Agreement as well as all its tools, construction
equipment, machinery and surplus material.
HONEYWELL shall dispose of all waste materials or
rubbish caused by its operations; provided, that unless
otherwise specifically agreed to in this Agreement,
HONEYWELL shall not be responsible for disposal of
toxic or hazardous materials removed from the facilities.
HONEYWELL shall be responsible for disposal of
fluorescent lights, potential polychlorinated biphenyl
containing light ballasts and mercury containing controls
to the extent their replacement is specified in Attachment
A.
2.2.3 HONEYWELL shall give all notices and comply
with all laws and ordinances legally enacted as of the date
of execution of the Agreement governing the execution of
the Work. Provided, however, that HONEYWELL shall
not be responsible nor liable for the violation of any code,
law or ordinance caused by CUSTOMER or existing in
CUSTOMER's property prior to the commencement of the
Work.
2.2.4 HONEYWELL shall comply with all applicable
federal, state and municipal laws and regulations that
regulate the health and safety of its workers while
providing the Work, and shall take such measures as
required by those laws and regulations to prevent injury
and accidents to other persons on, about or adjacent to the
site of the Work. It is understood and agreed, however,
that HONEYWELL shall have no responsibility for
elimination or abatement of health or safety hazards
created or otherwise resulting from activities at the site of
Item tf 11
the Work carried on by persons not in a contractual
relationship with HONEYWELL, including CUSTOMER,
CUSTOMER's contractors or subcontractors,
CUSTOMER's tenants or CUSTOMER's visitors.
CUSTOMER agrees to cause its contractors,
subcontractors and tenants to comply fully with all
applicable federal, state and municipal laws and
regulations governing health and safety and to comply
with all reasonable requests and directions of
HONEYWELL for the elimination or abatement of any
such health or safety hazards at the site of the work
2.3 Patent Indemnitv
2.3.1 HONEYWELL shall, at its expense, defend or, at
its option, settle any suit that may be instituted against
CUSTOMER for alleged infringement of any United
States patents related to the hardware manufactured and
provided by HONEYWELL, provided that: 1. Such
alleged infringement consists only in the use of such
hardware by itself and not as part of, or in combination
with, any other devices, parts or software not provided by
HONEYWELL hereunder; 2. CUSTOMER gives
HONEYWELL immediate notice in writing of any such
suit and permits HONEYWELL, through counsel of its
choice, to answer the charge of infringement and defend
such suit; and 3. CUSTOMER gives HONEYWELL all
needed information, assistance and authority, at
HONEYWELL's expense, to enable HONEYWELL to
defend such suit.
2.3.2 If such a suit has occurred, or in HONEYWELL's
opinion is likely to occur, HONEYWELL may, at its
election and expense: obtain for CUSTOMER the right to
continue using such equipment; or replace, correct or
modify it so that it is not infringing; or remove such
equipment and grant CUSTOMER a credit therefore, as
depreciated.
2.3.3 In the case of a final award of damages in any
such suit, HONEYWELL will pay such award.
HONEYWELL shall not, however, be responsible for any
settlement made without its written consent.
2.3.4 THIS ARTICLE STATES HONEYWELL'S
TOTAL LIABILITY AND CUSTOMER'S SOLE
REMEDY FOR ANY ACTUAL OR ALLEGED
INFRINGEMENT OF ANY PATENT BY THE
HARDWARE MANUFACTURED AND PROVIDED
BY HONEYWELL HEREUNDER. IN NO EVENT
SHALL HONEYWELL BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES RESUL TING FROM ANY SUCH
ACTUAL OR ALLEGED INFRINGEMENT,
EXCEPT AS SET FORTH IN THIS SECTION 2.3.
2.4
Warranties and Completion
2.4.1 HONEYWELL warrants CUSTOMER good and
clear title to all equipment and materials furnished to
Form REV 11106
Attachment number 1
Page 4 of 78
CUSTOMER pursuant to this Agreement (except licensed
software, which shall be governed exclusively by the terms
and conditions of the Software License Agreement,
attached hereto as Attachment B), free and clear of liens
and encumbrances. HONEYWELL hereby warrants that
all such equipment and materials shall be of good quality
and shall be free from defects in materials and
workmanship, including installation and setup, for a period
of one (1) year from the date of beneficial use or
substantial completion of the equipment or portion of the
Work in question, provided that no repairs, substitutions,
modifications, or additions have been made, except by
HONEYWELL or with HONEYWELL's written
permission, and provided that after delivery such
equipment or materials have not been subjected by non-
HONEYWELL personnel to accident, neglect, misuse, or
use in violation of any instructions supplied by
HONEYWELL. HONEYWELL's sole liability hereunder
shall be to repair promptly or replace defective equipment
or materials, at HONEYWELL's option and at
HONEYWELL's expense. The limited warranty contained
in this Section 2.4.1 shall constitute the exclusive remedy
of CUSTOMER and the exclusive liability of
HONEYWELL for any breach of any warranty related to
the equipment and materials furnished by HONEYWELL
pursuant to this Agreement.
2.4.2 In addition to the warranty set forth in Section
2.4.1 above, HONEYWELL shall, at CUSTOMER's
request, assign to CUSTOMER any and all manufacturer's
or installer's warranties for equipment or materials not
manufactured by HONEYWELL and provided as part of
the Work, to the extent that such third-party warranties are
assignable and extend beyond the one (1) year limited
warranty set forth in Section 2.4.1.
2.4.3 THE WARRANTIES SET FORTH HEREIN
ARE EXCLUSIVE, AND HONEYWELL
EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, WHETHER WRITTEN OR ORAL,
IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO, ANY WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO
THE EQUIPMENT AND MATERIALS PROVIDED
HEREUNDER. HONEYWELL SHALL NOT BE
LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM, OR RELATING TO, THIS
LIMITED WARRANTY OR ITS BREACH.
ARTICLE 3
CUSTOMER'S RESPONSIBILITIES
3.1 CUSTOMER shall provide HONEYWELL full
information regarding the requirements for the Work.
Item # 14
2
3.2 CUSTOMER shall designate a representative
who shall be fully acquainted with the Work, and who has
authority to approve changes in the scope of the Work and
render decisions promptly.
3.3 CUSTOMER shall furnish to HONEYWELL all
information regarding legal limitations, utility locations
and other information reasonably pertinent to this
Agreement, the Work and the Project.
3.4 CUSTOMER shall secure and pay for all
necessary approvals, easements, assessments and charges
required for the construction, use or occupancy of
permanent structures or for permanent changes in existing
facilities, including charges for legal and auditing services.
3.5 If CUSTOMER becomes aware of any fault or
defect in the Work, it shall give prompt written notice
thereof to HONEYWELL.
3.6 The services and information required by the
above paragraphs shall be furnished with reasonable
promptness at CUSTOMER's expense and HONEYWELL
shall be entitled to rely upon the accuracy and the
completeness thereof.
3.7 Prior to the commencement of the Work and at
such future times as HONEYWELL shall reasonably deem
appropriate, CUSTOMER shall furnish evidence in a form
satisfactory to HONEYWELL that sufficient funds are
available and committed to pay for the Work. Unless such
evidence is furnished, HONEYWELL is not required to
commence or continue any Work. Further, if
CUSTOMER does not provide such evidence,
HONEYWELL may stop work upon fifteen (15) days
notice to CUSTOMER. The failure of HONEYWELL to
insist upon the providing of this evidence at anyone time
shall not be a waiver of CUSTOMER's obligation to make
payments pursuant to this Agreement, nor shall it be a
waiver of HONEYWELL's right to request or insist that
such evidence be provided at a later date.
3.8 HAZARDOUS SUBSTANCES, MOLD AND
UNSAFE WORKING CONDITIONS
3.8.1 "Hazardous substance" includes all of the following,
whether naturally occurring or manufactured, in quantities,
conditions or concentrations that have, are alleged to have,
or are believed to have an adverse effect on human health,
habitability of a Site, or the environment: (a) any
dangerous, hazardous or toxic pollutant, contaminant,
chemical, material or substance defined as hazardous or
toxic or as a pollutant or contaminant under state or federal
law, and (b) any petroleum product, nuclear fuel or
material, carcinogen, asbestos, urea formaldehyde,
foamed-in-place insulation, polychlorinated biphenyl
(PCBs), and (c) any other chemical or biological material
or organism, that has, is alleged to have, or is believed to
Form REV 11106
Attachment number 1
Page 5 of 78
have an adverse effect on human health, habitability of a
Site, or the environment.
3.8.2 "Mold" means any type or form of fungus or
biological material or agent, including mold, mildew,
moisture, yeast and mushrooms, and any mycotoxins,
spores, scents, or by-products produced or released by any
of the foregoing. This includes any related or any such
conditions caused by third parties.
3.8.3 "Covered Equipment" means the equipment
covered by the Services to be performed by
HONEYWELL under this Agreement, and is limited to the
equipment included in the respective work scope
attachments.
3.8.4 CUSTOMER has not observed or received notice
from any source (formal or informal) of (a) Hazardous
Substances or Mold, either airborne or on or within the
walls, floors, ceilings, heating, ventilation and air
conditioning systems, plumbing systems, structure, and
other components of the Site, or within furniture, fixtures,
equipment, containers or pipelines in a Site; or (b)
conditions that, to CUSTOMER'S knowledge, might
cause or promote accumulation, concentration, growth or
dispersion of Hazardous Substances or Mold on or within
such locations.
3.8.5 HONEYWELL is not responsible for determining
whether the Covered Equipment or the temperature,
humidity and ventilation settings used by CUSTOMER,
are appropriate for CUSTOMER and the Site except as
specifically provided in an attached Work Scope
Document.
3.8.6 If any such materials, situations or conditions,
whether disclosed or not, are in fact discovered by
HONEYWELL or others and provide an unsafe condition
for the performance of the work or Services, the discovery
of the condition shall constitute a cause beyond
HONEYWELL'S reasonable control and HONEYWELL
shall have the right to cease the work or Services until the
area has been made safe by CUSTOMER or
CUSTOMER'S representative, at CUSTOMER'S
expense. HONEYWELL shall have the right to terminate
this Agreement if CUSTOMER has not fully remediated
the unsafe condition within sixty (60) days of discovery.
3.8.7 CUSTOMER represents that CUSTOMER has
not retained HONEYWELL to discover, inspect,
investigate, identify, prevent or remediate Hazardous
Substances or Mold or conditions caused by Hazardous
Substances or Mold.
3.8.8 TO THE FULLEST EXTENT ALLOWED BY
LAW, CUSTOMER SHALL INDEMNIFY AND
HOLD HONEYWELL HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS AND COSTS OF
WHATEVER NATURE, INCLUDING BUT NOT
LIMITED TO, CONSULTANTS' AND
Item # 14
3
ATTORNEYS' FEES, DAMAGES FOR BODILY
INJURY AND PROPERTY DAMAGE, FINES,
PENAL TIES, CLEANUP COSTS AND COSTS
ASSOCIATED WITH DELAY OR WORK
STOPPAGE, THAT IN ANY WAY RESULTS FROM
OR ARISES UNDER THE BREACH OF THE
REPRESENTATIONS AND WARRANTIES IN THIS
SECTION THE EXISTENCE OF MOLD OR A
HAZARDOUS SUBSTANCE AT A SITE, OR THE
OCCURRENCE OR EXISTENCE OF THE
SITUATIONS OR CONDITIONS DESCRIBED IN
THIS SECTION, WHETHER OR NOT CUSTOMER
PROVIDES HONEYWELL ADVANCE NOTICE OF
THE EXISTENCE OR OCCURRENCE AND
REGARDLESS OF WHEN THE HAZARDOUS
SUBSTANCE OR OCCURRENCE IS DISCOVERED
OR OCCURS. THIS INDEMNIFICATION SHALL
SURVIVE TERMINATION OF THIS AGREEMENT
FOR WHATEVER REASON.
3.9 In addition to the price set forth in Article 6 of
this Agreement, CUSTOMER shall pay any present and
future taxes or any other governmental charges now or
hereafter imposed by existing or future laws with respect
to the sale, transfer, use, ownership or possession of the
Work or any Support Services provided hereunder,
excluding taxes on Honeywell's net income.
3.10 CUSTOMER shall execute a software license in
the form of the Software License Agreement attached
hereto as Attachment B. Failure of CUSTOMER to
execute such Software License Agreement shall excuse
HONEYWELL from any delivery requirements pursuant
to this Agreement and shall be considered a material
breach by CUSTOMER.
ARTICLE 4
SUBCONTRACTS
4.1 At its exclusive option, HONEYWELL may
subcontract some or all of the Work or Support Services.
4.2 A Subcontractor is a person or entity who has a
direct contract with HONEYWELL to perform any effort
in connection with the Work. The term Subcontractor
does NOT include any separate contractors employed by
CUSTOMER or such separate contractors' subcontractors.
4.3 For the purposes of this Agreement, no
contractual relationship shall exist between CUSTOMER
and any Subcontractor. HONEYWELL shall be
responsible for the management of its Subcontractors in
their performance of their Work.
ARTICLE 5
INSTALLATION AND ACCEPTANCE
5.1 The Work to be performed under this Agreement
shall be commenced and substantially completed as set
forth in the Installation Schedule attached hereto as
Attachment C.
Form REV 11106
Attachment number 1
Page 6 of 78
5.2 If HONEYWELL is delayed at any time in the
progress of performing its obligations under this
Agreement by any act of CUSTOMER or any contractor
employed by CUSTOMER; or by changes ordered or
requested by CUSTOMER in the Work performed
pursuant to this Agreement; or by labor disputes, fIre,
unusual delay in transportation, adverse weather
conditions or other events or occurrences which could not
be reasonably anticipated; or unavoidable casualties; or
any other problem beyond HONEYWELL's reasonable
control (an "Excusable Delay"), then the time for
performance of the obligations affected by such Excusable
Delay shall be extended by the period of any delay
actually incurred as a result thereof. If any delay, or
cumulative delays, within CUSTOMER's control, extends
beyond ten (10) days, CUSTOMER shall reimburse
HONEYWELL for all additional costs resulting therefrom.
5.3 HONEYWELL shall provide Delivery and
Acceptance CertifIcates in a form acceptable to
CUSTOMER and HONEYWELL (the "Delivery and
Acceptance CertifIcates") for the Work provided pursuant
to the Schedule identifIed in attachment J. Upon receipt of
each Delivery and Acceptance CertifIcate, CUSTOMER
shall promptly inspect the Work performed by
HONEYWELL identifIed therein and execute each such
Delivery and Acceptance CertifIcate as soon as reasonably
possible, but in no event later than ten (10) days after
delivery of the same by HONEYWELL, unless
CUSTOMER provides HONEYWELL with a written
statement identifying specifIc material performance
defIciencies that it wishes HONEYWELL to correct.
HONEYWELL will use reasonably diligent efforts to
correct all such material defIciencies and will give written
notice to CUSTOMER when all such items have been
corrected. The Parties intend that a fInal Delivery and
Acceptance CertifIcate will be executed for the Work as
soon as all Work is installed and operating. Execution and
delivery by CUSTOMER of such fInal Delivery and
Acceptance CertifIcate with respect to the Work shall
constitute "Final Acceptance" of such Work performed by
HONEYWELL pursuant to the Installation Schedule.
ARTICLE 6
PRICE AND PAYMENT
6.1 Price
6.1.1 The price for the Work is Two Million Four
Hundred Forty Five Thousand and 00/100 Dollars
($2,445,000), subject to the adjustments set forth in
Articles 5 and 7.
6.1.2 The total price for Support Services is set forth in
Attachment D hereto, subject to the adjustments described
therein.
Item # 14
4
6.1.3 The price is based upon laws, codes and
regulations in existence as of the date this Agreement is
executed. Any changes in or to applicable laws, codes and
regulations affecting the cost of the Work shall be the
responsibility of CUSTOMER and shall entitle
HONEYWELL to an equitable adjustment in the price and
schedule.
6.1.4 The price will be modified for delays caused by
CUSTOMER and for Changes in the Work, all pursuant to
Article 7.
6.1.5 The license fees for all licensed software
identified in Attachment B are included in the price to be
paid by CUSTOMER as identified in this Article 6.
6.2 Payment
6.2.1 Upon execution of this Agreement, CUSTOMER
shall payor cause to be paid to HONEYWELL the full
price for the Work in accordance with the Payment
Schedule, Attachment E. CUSTOMER shall make
payments for the Support Services in accordance with
Attachment D.
6.22 Payments for the Work past due more than five
(5) days shall accrue interest from the due date to the date
of payment at the rate of one and one half percent (1.5%)
per month, compounded monthly, or the highest legal rate
then allowed. CUSTOMER shall pay all attorney and/or
collection fees incurred by HONEYWELL in collecting
any past due amounts.
ARTICLE 7
CHANGES IN THE PROJECT
7.1 A Change Order is a written order signed by
CUSTOMER and HONEYWELL authorizing a change in
the Work or adjustment in the price, or a change to the
Installation Schedule described in Attachment C.
7.2 CUSTOMER may request HONEYWELL to
submit proposals for changes in the Work. Unless
otherwise specifically agreed to in writing by both parties,
if HONEYWELL submits a proposal pursuant to such
request but CUSTOMER chooses not to proceed,
CUSTOMER shall issue a Change Order to reimburse
HONEYWELL for any and all costs incurred in preparing
the proposal.
7.3 Claims for Concealed or Unknown Conditions
If conditions are encountered at the site that are (1)
subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the
Contract Documents, or (2) unknown physical conditions
of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as
inherent in construction activities of the character provided
for in the Contract Documents, then notice by the
Form REV 11106
Attachment number 1
Page 7 of 78
observing party shall be given to the other party promptly
before conditions are disturbed and in no event later than
twenty-one (21) days after first observance of the
conditions, and, if appropriate, an equitable adjustment to
the Contract Price and Installation Schedule shall be made
by a Change Order. If agreement cannot be reached by the
Parties, the party seeking an adjustment in the Price or
Installation Schedule may assert a claim in accordance
with Paragraph 7.4.
7.4 If HONEYWELL wishes to make a claim for an
increase in the Price or an extension in the Installation
Schedule it shall give CUSTOMER written notice thereof
within a reasonable time after the occurrence of the event
giving rise to such claim. This notice shall be given by
HONEYWELL before proceeding to execute the Work,
except in an emergency endangering life or property, in
which case HONEYWELL shall have the authority to act,
in its discretion, to prevent threatened damage, injury or
loss. Claims arising from delay shall be made within a
reasonable time after the delay. Increases based upon
design and estimating costs with respect to possible
changes requested by CUSTOMER shall be made within a
reasonable time after the decision is made not to proceed
with the change. No such claim shall be valid unless so
made. If CUSTOMER and HONEYWELL cannot agree
on the amount of the adjustment in the Price, or the
Installation Schedule, it shall be determined pursuant to
the provisions of Article 12. Any change in the Price or
the Installation Schedule resulting from such claim shall
be authorized by Change Order.
7.5 Emer!!:encies
In any emergency affecting the safety of persons or
property, HONEYWELL shall act, at its discretion, to
prevent threatened damage, injury or loss. Any increase in
the Price or extension of time claimed by HONEYWELL
on account of emergency work shall be determined as
provided in Section 7.4.
ARTICLE 8
INSURANCE, INDEMNITY, WAIVER OF
SUBROGATION, AND LIMITATION OF
LIABILITY
8.1 Indemnity
8.1.1 HONEYWELL agrees to indemnify and hold
CUSTOMER, and CUSTOMER's consultants, agents and
employees harmless from all claims for bodily injury and
property damages [other than the Work itself and other
property insured under Paragraph 8.4] to the extent such
claims result from or arise under HONEYWELL's
negligent actions or willful misconduct in its performance
of the Work or the Support Services. PROVIDED
THAT, NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED OR UNDERSTOOD TO ALTER THE
LIMITATIONS OF LIABILITY CONTAINED IN
Item # 14
5
THIS ARTICLE, ARTICLE 2, OR THE
INDEMNIFICATION CONTAINED IN SECTION
3.8.
8.1.2 CUSTOMER shall indemnify and hold harmless
HONEYWELL and HONEYWELL's consultants, agents
and employees from and against all claims, damages,
losses and expenses, including but not limited to attorneys'
fees, arising out of, or resulting from, any act or omission
of CUSTOMER or CUSTOMER's contractors,
consultants, agents or employees.
8.1.3 CUSTOMER shall require any other contractor
who may have a contract on this project with CUSTOMER
to perform work in the areas where Work will be
performed under this Agreement to agree to indemnify
CUSTOMER and HONEYWELL and hold them harmless
from all claims for bodily injury and property damage
[other than property insured under Paragraph 8.4] that may
arise from that contractor's operations. Such provisions
shall be in a form satisfactory to HONEYWELL.
8.2 Contractor's Liability Insurance
HONEYWELL shall, at its own expense, carry and
maintain in force at all times from the effective date of the
Contract through final completion of the work the
following insurance. Honeywell will not issue coverage
on a per project basis. It is agreed, however, that
HONEYWELL has the right to insure or self-insure any
of the insurance coverages listed below:
(a) Commercial General Liability Insurance to
include contractual liability, products/completed
operations liability with a combined single limit of USD
$5,000,000 per occurrence. Such policy will be written on
an occurrence form basis;
(b) If automobiles are used in the execution of the
Contract, Automobile Liability Insurance with a minimum
combined single limit of USD $5,000,000 per occurrence.
Coverage will include all owned, leased, non-owned and
hired vehicles.
(c) Where applicable, "All Risk" Property Insurance,
including Builder's Risk insurance, for physical damage to
property which is assumed in the Contract.
(d) Workers' Compensation Insurance Coverage A -
Statutory limits and Coverage B-Employer's Liability
Insurance with limits ofUSD $1,000,000 for bodily injury
each accident or disease.
8.2.1 Prior to the commencement of the Contract,
HONEYWELL will furnish evidence of said insurance
coverage in the form of a Memorandum of Insurance
which is accessible at: http://places.honeywell.com/moi.
All insurance required in this Article will be written by
companies with a rating of no less than "A-, XII" by A.M.
Best or equivalent rating agency. HONEYWELL will
endeavor to provide a thirty (30) day notice of cancellation
or non-renewal to the Customer. In the event that a self-
insured program is implemented, HONEYWELL will
provide adequate proof of financial responsibility.
Form REV 11106
Attachment number 1
Page 8 of 78
8.3.
CUSTOMER's Liability Insurance
8.3.1 CUSTOMER shall be responsible for purchasing
and maintaining its own liability insurance and, at its
option, may purchase and maintain such insurance as will
protect it against claims that may arise from operations
under this Agreement.
8.4 Insurance to Protect Proiect
8.4.1 CUSTOMER shall purchase and maintain all risk
full cost replacement property insurance in a form
acceptable to HONEYWELL for the length of time to
complete the Project. This insurance shall include as
named additional insureds HONEYWELL and
HONEYWELL's Subcontractors and Sub-subcontractors
and shall include, at a minimum, coverage for fire,
windstorm, flood, earthquake, theft, vandalism, malicious
mischief, transit, collapse, testing, and damage resulting
from defective design, workmanship, or material.
CUSTOMER will increase limits of coverage, if
necessary, to reflect estimated replacement costs.
CUSTOMER will be responsible for any co-insurance
penalties or deductibles. If the Work covers an addition to
or is adjacent to an existing building, HONEYWELL and
its Subcontractors and Sub-subcontractors shall be named
additional insureds under CUSTOMER's Property
Insurance covering such building and its contents.
8.4.1.1 If CUSTOMER finds it necessary to occupy or
use a portion or portions of the Facilities prior to
Substantial Completion thereof, such occupancy shall not
commence prior to a time mutually agreed to by
CUSTOMER and HONEYWELL and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. This insurance shall not be canceled or lapsed on
account of such partial occupancy. Consent of
HONEYWELL and of the insurance company or
companies to such occupancy or use shall not be
umeasonably withheld.
8.4.2 CUSTOMER shall purchase and maintain such
insurance as will protect CUSTOMER and HONEYWELL
against loss of use of CUSTOMER's property due to those
perils insured pursuant to Subparagraph 8.4.1. Such
policy will provide coverage for expenses of expediting
materials, continuing overhead of CUSTOMER and
HONEYWELL, necessary labor expense including
overtime, loss of income by CUSTOMER and other
determined exposures. Exposures of CUSTOMER and
HONEYWELL shall be determined by mutual agreement
and separate limits of coverage fixed for each item.
8.4.3 CUSTOMER shall provide evidence of Insurance
to HONEYWELL before work on the Project begins. All
insurance coverage(s) must be with a carrier rated A- or
better by one of the National Insurance Rating Agencies
such as A.M. Best. HONEYWELL will be given thirty
Item # 14
6
(30) days notice of cancellation, non-renewal, or any
endorsements restricting or reducing coverage.
8.5 Property Insurance Loss Adjustment
8.5.1 Any insured loss shall be adjusted with
CUSTOMER and HONEYWELL and made payable to
CUSTOMER and HONEYWELL as trustees for the
insureds, as their interests may appear, subject to any
applicable mortgagee clause.
8.5.2 Upon the occurrence of an insured loss, monies
received will be deposited in a separate account and the
trustees shall make distribution in accordance with the
agreement of the parties in interest, or in the absence of
such agreement, in accordance with an arbitration award
pursuant to Article 12. If the trustees are unable to agree
between themselves on the settlement of the loss, such
dispute shall also be submitted to arbitration pursuant to
Article 12.
8.6 Limitation of Liabilitv
8.6.1 IN NO EVENT SHALL HONEYWELL BE
LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, SPECULATIVE, REMOTE,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, WHETHER ARISING OUT OF OR AS
A RESUL T OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, MOLD, MOISTURE OR
INDOOR AIR QUALITY, OR OTHERWISE,
ARISING FROM, RELATING TO, OR
CONNECTED WITH THE SERVICES,
EQUIPMENT, MATERIALS, OR ANY GOODS
PROVIDED HEREUNDER.
ARTICLE 9
TERMINATION OF THE AGREEMENT
9.1 If HONEYWELL defaults in, or fails or neglects
to carry forward the Work in accordance with this
Agreement, CUSTOMER may provide notice in writing of
its intention to terminate this Agreement to
HONEYWELL. If HONEYWELL, following receipt of
such written notice, neglects to cure or correct the
identified deficiencies within thirty (30) business days,
CUSTOMER may provide a second written notice. If
HONEYWELL has not, within thirty (30) business days
after receipt of such notice, acted to remedy and make
good such deficiencies, CUSTOMER may terminate this
Agreement and take possession of the site together with all
materials thereon, and move to complete the Work itself
expediently. If the unpaid balance of the contract sum
exceeds the expense of finishing the Work, the excess
shall be paid to HONEYWELL, but if the expense exceeds
the unpaid balance, HONEYWELL shall pay the
difference to CUSTOMER.
Form REV 11106
Attachment number 1
Page 9 of 78
9.2 If CUSTOMER fails to make payments as they
become due, or otherwise defaults or breaches its
obligations under this Agreement, HONEYWELL may
give written notice to CUSTOMER of HONEYWELL's
intention to terminate this Agreement. If, within seven (7)
days following receipt of such notice, CUSTOMER fails
to make the payments then due, or otherwise fails to cure
or perform its obligations, HONEYWELL may, by written
notice to CUSTOMER, terminate this Agreement and
recover from CUSTOMER payment for Work executed
and for losses sustained for materials, tools, construction
equipment and machinery, including but not limited to,
reasonable profit and applicable damages.
ARTICLE 10
ASSIGNMENT AND GOVERNING LAW
10.1 This Agreement shall be governed by the law of
the State where the Work is performed.
10.2 Neither party to the Agreement shall assign this
Agreement or sublet it as a whole without the
written consent of the other party. Such consent
shall not be reasonably withheld, except that
HONEYWELL may assign to another party the
right to receive payments due under this
Agreement. HONEYWELL may enter into
subcontracts for the Work without obtaining
CUSTOMER's consent.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 The Table of Contents and headings in this
Agreement are for information and convenience only and
do not modify the obligations of this Agreement.
11.2 Confidentiality. As used herein, the term
"CONFIDENTIAL INFORMATION" shall mean any
information in readable form or in machine-readable form,
including software supplied to CUSTOMER by
HONEYWELL, that has been identified or labeled as
"Confidential" and/or "Proprietary" or with words of
similar import. CONFIDENTIAL INFORMATION shall
also mean any information that is disclosed orally and is
designated as "Confidential" and/or "Proprietary" or with
words of similar import at the time of disclosure and is
reduced to writing, marked as "Confidential" and/or
"Proprietary" or with words of similar import, and
supplied to the receiving party within ten (10) days of
disclosure.
All rights in and to CONFIDENTIAL INFORMATION
and to any proprietary and/or novel features contained in
CONFIDENTIAL INFORMATION disclosed are reserved
by the disclosing party; and the party receiving such
disclosure will not use the CONFIDENTIAL
INFORMATION for any purpose except in the
performance of this Agreement and will not disclose any
of the CONFIDENTIAL INFORMATION to benefit itself
Item # 14
7
or to damage the disclosing party. This prohibition
includes any business information (strategic plans, etc.)
that may become known to either party.
Each party shall, upon request of the other party or upon
completion or earlier termination of this Agreement, return
the other party's CONFIDENTIAL INFORMATION and
all copies thereof.
Notwithstanding the foregoing provIsIOns, neither party
shall be liable for any disclosure or use of information
disclosed or communicated by the other party if the
information:
(a) is publicly available at the time of disclosure or
later becomes publicly available other than
through breach of this Agreement; or
(b) is known to the receiving party at the time of
disclosure; or
(c) is subsequently rightfully obtained from a third
party on an umestricted basis; or
(d) is approved for release in writing by an
authorized representative of the disclosing party.
The obligation of this Article shall survive any expiration,
cancellation or termination of this Agreement.
11.3 If any provision is held illegal, invalid or
unenforceable, the remaining provisions of this Agreement
shall be construed and interpreted to achieve the purposes
of the Parties.
11.4 Risk of loss for all equipment and materials
provided by HONEYWELL hereunder shall transfer to
CUSTOMER upon delivery to CUSTOMER's Facilities
from HONEYWELL or its Subcontractor and title shall
pass upon final acceptance or final payment by
CUSTOMER to HONEYWELL, whichever occurs later.
11.5 Final notice or other communications required or
permitted hereunder shall be sufficiently given if
personally delivered to the person specified below, or if
sent by registered or certified mail, return receipt
requested, postage prepaid, addressed as follows:
To HONEYWELL:
HONEYWELL INTERNATIONAL INC.
Vince Rydzewski
V.P., & General Manager, South & Latin America Region
3079 Premiere Parkway, Suite 100
Duluth, GA 30097
To CUSTOMER:
Rick Carnley
Assistant Director, General Services
City of Clearwater
1900 Grand Ave
Clearwater, FL 33765
Form REV 11106
Attachment number 1
Page 10 of 78
11.6 Waiver. HONEYWELL's failure to insist upon
the performance or fulfillment of any of CUSTOMER's
obligations under this Agreement shall not be deemed or
construed as a waiver or relinquishment of the future
performance of any such right or obligation hereunder.
11.7 If any provision of this Agreement or the
application thereof to any circumstances shall be held to be
invalid or unenforceable, then the remaining provisions of
this Agreement or the application thereof to other
circumstances shall not be affected hereby and shall be
valid and enforceable to the fullest extent permitted by
law.
Item # 14
8
ARTICLE 12
ARBITRATION
12.1 With the exception of any controversy or claim
arising out of or related to the installation, monitoring,
and/or maintenance of fIre and/or security systems, the
Parties agree that any controversy or claim between
HONEYWELL and CUSTOMER arising out of or relating
to this Agreement, or the breach thereof, shall be settled by
arbitration in a neutral venue, conducted in accordance
Attachment number 1
Page 11 of 78
with the Construction Industry Arbitration Rules of the
American Arbitration Association.
Any award rendered by the arbitrator shall be final, and
judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
Any controversy or claim arising out of or related to the
installation, monitoring, and/or maintenance of systems
associated with security and/or the detection of, and/or
reduction of risk of loss associated with fIre shall be
resolved III a court of competent jurisdiction.
APPROVALS:
The parties hereby execute this Agreement as of the date fIrst set forth herein by the signatures of their duly authorized
representatives:
HONEYWELL INTERNATIONAL INC.
By
Name
Title
Date
Form REV 11106
CITY OF CLEARWATER
By
Name
Title
Date
Item # 14
9
Attachment number 1
Page 12 of 78
ATTACHMENT A
SCOPE OF WORK
PART 1 - PRODUCTS & EXECUTION
1. RTU Replacement
1.1. Demolition
1.1.1. Honeywell will remove eight (8) existing Roof Top Units as shown in the table below. Demolition
to include licensed removal and disposal of refrigerant, electrical service disconnect and disposal of
existing units.
UNIT MODEL SERIAL
#1 Single stage YCD048A4LOAA D33l44370D
4 TONS
#2 2-stages BYC170G4LOCC D33l43641D
15 TONS
#3 2-stages BYC200G4LOCC D3ll4351OD
17.5 TONS
#4 2-stages BYC200G4LOCC D32l43371D
17.5 TONS
#5 2-stages BYC200G4LOCC D32l43369D
17.5 TONS
#7 2-stages BYC200G4LOCC D3ll43508D
17.5 TONS
#9 2-stages BYC200G4LOCC D3ll43513D
17.5 TONS
#10 2-stages YCD060A4LOAA D3ll44548D
5 TONS
1.2. Honeywell will install eight (8) new high efficiency packaged rooftop units. The units will each have
the same capacity as the units they are replacing. The units will each be rated with a minimum EER
rating of 10.8. New Honeywell programmable thermostats will be installed to control each newly
installed roof top unit.
1.2.1. Inclusions
1.2.1.1. All engineering and documentation as required to obtain permits
1.2.1.2. Reconnect existing ducting
1.2.1.3. 1 year labor and material warranty on new units after acceptance
1.2.1.4. Year 2 through 5 warranty on compressors (Parts only), to be provided by the equipment
manufacturer
1.2.1.5. Heresite coating on the condenser coils to prevent corrosion
1.2.1.6. Signed and sealed windload and anchoring details to comply with new Florida Building codes
1.2.1. 7. Disconnect/reconnect gas piping
1.2.2 Exclusions
1.2.2.1 Any roofing as curb adapters are being used
1.2.2.2 Fire protection
2. Natatorium Dehumidification
2.1. Honeywell will remove two (2) existing Make up Air Units, five (5) exhaust fans, and the associated
ducting in the natatorium. Demolition to include cutting and capping of natural gas lines currently
serving the units, electrical service disconnect, weatherproofing roof openings where existing units
Attachment A (Rev. 05/08) - City of Clearwater
Item # 14
Page 1 of4
Attachment number 1
Page 13 of 78
removed, and disposal of existing units. All units to be disposed of per applicable codes and fees are
included.
2.2. Honeywell will install one (1) new high efficiency packaged roof top unit to serve the upper level
viewing area of the natatorium and one (1) new Dehumidification Unit serving the main pool areas of
the natatorium. The dehumidification unit serving the pool area shall be installed at the ground level
with ducting being routed upward. A cement housekeeping pad will be installed for the unit. The
ducting shall be painted to closely match the color of the building. A chain linked fence with vinyl
privacy slats will be installed around the unit. The unit has self contained controls. A fabric duct
system shall be used for the supply air from the dehumidification unit to the natatorium. The owner
will be able to choose from an available selection of colors for the fabric duct and Vinyl Fence Slats.
2.2.1. Inclusions
2.2.1.1. All engineering and documentation including signed and sealed plans
2.2.1.2. New ducting as necessary
2.2.1.3. I year labor and material warranty on new units after acceptance
2.2.1.4. Year 2 through 5 warranty on compressors (Parts only) to be provided by the equipment
manufacturer
2.2.1.5. Structural steel supports as required for the Natatorium RTU
2.2.2 Exclusions
2.2.2.1 Main electrical feeds coming into the building
2.2.2.2 Upgrade of the main electrical distribution panel
3. Lighting Retrofit
General - The specific lighting Retrofit included in this project is set forth "Lighting Fixture Location
Summary" attached hereto and incorporated herein as Exhibit G-8.
Included Area List
Carlisle Courts & Gymnasium
Roz and Dan Doyle Center for Aquatics
The following areas were evaluated but not included in the scope of work.
Excluded Area List
3.1. Carlisle Courts and Gymnasium
Honeywell shall replace the existing Metal Halide fixtures with fluorescent fixtures utilizing new next
generation T8 lamps and electronic ballasts as identified in Exhibit G-8 Lighting Line by Lines. Since the
fixtures are being installed in a gymnasium, a wire guard mesh shall be installed to protect the lamps. The
new lighting system will meet or exceed existing light levels.
3.2. Roz and Dan Doyle Center for Aquatics
Honeywell shall replace the existing Metal Halide fixtures with new lower wattage Metal Halide fixtures
as identified in Exhibit G-8 Lighting Line by Lines. The fixture design will allow the lighting system to
meet or exceed existing light levels at the pool level.
3.3. Disposal
Honeywell shall be responsible for proper disposal of all lamps, ballasts and materials according to all
applicable federal, state and local codes and regulations. For components and/or materials that are
deemed hazardous, Honeywell shall provide proper, official, and original copies of compliance and/or
Attachment A - City of Clearwater ~~rn 'if. "'14
Attachment number 1
Page 14 of 78
proper disposal documentation from an authorized disposal facility.
3.4 Inclusions:
Honeywell will provide a one year labor warranty on workmanship after acceptance. On materials,
a spare stock will be provided to the owner with a 5 year warranty on the ballasts, and a 2 year
warranty on the bulbs. The owner will be reimbursed $10 per ballast replacement during the
warranty period. All material warranties to be provided by the lamp and ballast manufacturers.
3.5 Exclusions:
The repair or replacement of any failed wall switches, missing door frames and channel covers is not
included in the Work.
The repair or replacement of any existing emergency fixture that has failed is not included in the Work.
The repair or replacement of any part of the existing buildings' electrical system which is in disrepair,
failing or non-code compliant is not included in the Work.
4. Domestic Hot Water Heat Recovery
4.1. Honeywell will install two (2) new desuperheaters on two (2) of the newly installed packaged roof top
units for heat reclamation for domestic hot water loads.
PART 2 - GENERAL
A. GENERAL CONDITIONS
1. Honeywell is not responsible for bringing existing lighting/electrical systems up to code.
2. The lighting manufacturer will provide a 5-year material warranty on ballasts as well as a 2-year warranty on
lamps. During the warranty period, the City staff shall replace all defective lamps and ballast's under warranty,
and will receive a $lO/ballast reimbursement for each ballast replaced to be coordinated through the ballast
manufacturer. The lighting subcontractor will help to coordinate this. The ongoing warranty will be managed by
the City of Clearwater direct with the ballast manufacturer. A supply of replacement lamps and ballasts, or a
minimum of two for each type, shall be maintained throughout the manufacturer's warranty period. The City
shall receive new lamps and ballasts for every defective component returned, on a one for one basis, throughout
the warranty period. During the warranty period, all material exchanges will be processed by the Customer
directly through the manufacturer.
3. If Honeywell encounters any materials or substances classified as toxic or hazardous in performance of the
Work associated with the mechanical systems, including asbestos, Honeywell will notify Customer and will
stop work in that area until such area has been made safe by the Customer, or Customer's Representative, at
Customer's expense. In the event such conditions cause a delay in Honeywell's performance, Honeywell shall
be entitled to recovery of all costs associated with such delay, as well as an extension of time of performance.
4. Where demolition of certain areas of a building are required for removal and installation of equipment and that
demolition is included in the scope of work defined herein, Honeywell will make every effort to replace such
areas with similar materials as available. If such materials are not available, materials of similar quality will be
supplied and installed.
5. Electrical: Should a problem with the existing wiring system occur, Honeywell will be limited to electrical
wiring modifications (repairs) to three feet (36 inches) of the device or the nearest wall or ceiling penetrating,
whichever is smaller.
Attachment A - City of Clearwater
~Mni 'If"'14
Attachment number 1
Page 15 of 78
6. Piping: Should a problem with the eXIstmg pIpmg system occur, Honeywell will be limited to pIpmg
modifications (repairs) to two feet (24 inches) of the device installed or the nearest wall or ceiling penetration,
whichever is smaller. Piping includes but is not limited to domestic hot and cold water, cooling cold water,
heating hot water, condensate, fuel oil, and cooling tower condensing water.
7. Clean-up: (e.g., vacuuming and coil cleaning) and filter change of air handling devices is the responsibility of
the Customer, or as included in Attachment D,
8. Efficiency Values: Honeywell will install equipment and lighting components (hereto referred as "equipment")
under the scope described herein with specific energy and water efficiency values. The customer is required to
replace any failed "equipment" no longer warranted by Honeywell or a Honeywell subcontractor, with
"equipment" of equal or greater efficiency for the full contract guarantee term.
10. Limitation of Liability - Security Systems, Fire Alarm Systems and/or Components - Honeywell's total liability
for damages of any kind or nature arising out of or relating to any aspect or component of the security or fire
alarm systems and/or components provided under this Agreement is limited to $100,000.
11. The following areas are specifically excluded from this proposal. Correction of problems in these areas, if
required by Federal, State or local law or ordinance, will be considered additional work and will be chargeable
(with approval) to the Owner.
a. Any work not specifically stated and outlined in this scope of work.
b. Painting and patching of areas beyond those areas directly related to work.
c. Existing non-code conditions (examples: existing electrical wiring which requires correction or approval by
appropriate inspectors, existing penetrations in need of fire stopping, etc).
B. RELATED WORK SPECIFIED ELSEWHERE
Provision of equipment, material, and labor to provide functional measurement and verification systems
coordinated under Attachment G - Schedule of Savings.
Attachment A - City of Clearwater
~Mrrt 'If "'14
Attachment number 1
Page 16 of 78
ATTACHMENT B
SOFTWARE LICENSE AGREEMENT
Not Applicable
Attachment B (Software License Agreement)
~ #114
Attachment number 1
Page 17 of 78
ATTACHMENT C
INSTALLATION SCHEDULE
The Installation Schedule showing the achievement of all major project milestones, tasks and associated
responsibilities included in the Scope of Work.
D Tasl~ IlInb gm fiHI
1 And CWr.I:t 1 day Wed 10129/00
2 ~ ReIniI 63 days ..... 10f.11100
3 HVAC ReIniI 120 days ..... 10f.11100
4 Filii! sv...- iIII Chedad 9 days ..... -411&109
The above Installation Schedule is based upon the contract being signed and the financing being secured by October
29, 2008. Should either event be delayed beyond October 29, 2008, the dates set forth in the schedule above shall
be adjusted accordingly.
Attachment C (Form Rev. 02/05)
Item tf 14
Page 1 of 1 (Revised 6-11-08)
Attachment number 1
Page 18 of 78
ATTACHMENT D
SUPPORT SERVICES AGREEMENT
Honeywell Buildin
SERVICE AGREEMENT
Project Name:
Proposal Number:
Date:
Agreement Number:
City of Clearwater
PerfContM&V
6/16/08
991-
(PROVIDER)
Honeywell Building Solutions
3657 Maguire Blvd., Suite 100
Orlando, FL 32803
Service Location Name:
Service Location Address:
(CUSTOMER)
City of Clearwater
112 South Osceola Ave.
Clearwater, FL 33756
City of Clearwater
1501 N. Belcher Rd, Clearwater, FL
Scope of Work: HONEYWELL HBS shall provide the following equipment and services ("the Work") in accordance with the attached work
scope documents and terms and conditions, which form a part of this Agreement.
DPreferred Temperature Control Services
DFlex Temperature Control Services
DPreferred Automation Maintenance Services
DFlex Automation Services
DPreferred Fire Alarm Maintenance Services
DFire Alarm Test and Inspect Services
DPreferred Security System Inspect Services
DFlex Security System Services
[8JPreferred Mechanical Maintenance Services
DFlex Mechanical Maintenance Services
DServiceNetw Remote Monitoring and Control Services
DEBI Services
DOnline Services
DAdvanced Support
DSite Services
DHoneywell Energy Analysis Reporting
[8JAir Filter Services
DWater Treatment Services
DCritical Parts Stocking
DThermography Services
DEmergency Generator Services
DIn Suite Services
DRemote MonitoringlRadionics
DIndoor Air Quality Auditing Services
[8JMaintenance Service Special Provisions
[8J Energy Guarantee Special Provisions
[8J Energy Auditing and Analysis Services
DHoneywell Users Group
Contract Term: Twenty (20) years from the Effective Date. Customer _ Honeywell_
(INITIALS)
Contract Effective Date: Upon Construction Completion- Enter Date:
Price for Year 1:
Price for Year 2:
Payment Terms:
Thirty Five Thousand Four Hundred Ei!!:hty Nine and 00/100 dollars, ($ 35,489.00),
Forty Two Thousand Four Hundred Nine & 00/100 dollars ($42,409.00)
Quarterly
D Sales Tax will be invoiced separately [8J Use Tax is included in the Price D This sale is tax exempt
Renewal: The Contract Term will automatically be renewed for consecutive terms of one year unless terminated by either party
by the delivery of written notice to the other at least sixty (60) days prior to the end of such term, or unless terminated as
provided herein.
This proposal is valid until November 10, 2008.
Acceptance: This proposal and the pages attached shall become an Agreement in accordance with Article 13 below and only
upon signature below by an authorized representative of HONEYWELL and CUSTOMER.
Accepted by:
HONEYWELL BUILDING SOLUTIONS
Signature:
Name:
Title:
Date:
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
CUSTOMER: (City of Clearwater)
Signature: X
Name: X
Title: X
Date: X
Page 1 of 11 (Revised 10/20/08)
Item # 14
Attachment number 1
Page 19 of 78
General Terms and Conditions
1. WORKJNG HOURS
Unless otherwise stated, all labor and services under this Agreement will be performed during the hours of 8:00 a.m. - 4:30 p.m. local time Monday through Friday, excluding federal holidays. If for any reason Customer
requests Honeywell to furnish any labor or services outside of the hours of 8:00 a.m. - 4:30 p.m. local time Monday through Friday (or on federal holidays), any overtime or additional expenses, such as repairs or material
costs not included in this Agreement, will be billed to and paid by Customer.
2, TAXES
Customer agrees to pay the amount of any new or increased taxes or governmental charges upon labor or the production, shipment, sale, installation, or use of equipment or software which become effective after the date of
this Agreement. If Customer claims any such taxes do not apply to transactions covered by this Agreement, Customer shall provide Honeywell with a tax exemption certificate acceptable to the applicable taxing authorities.
3, PROPRIETARY INFORMATION
3.1 All proprietary information (as defined herein) obtained by Customer from Honeywell in connection with this Agreement will remain the property of Honeywell , and Customer will not divulge such information to any
third party without prior written consent of Honeywell. The term "proprietary information" means written information (or oral information reduced to writing), or information in machine-readable form, including but not
limited to software supplied to Customer which Honeywell deems proprietary or confidential and characterizes as proprietary at the time of disclosure to Customer by marking or labeling the same "Proprietary,
"Confidential", or "Sensitive" The Customer shall incur no obligations hereunder with respect to proprietary information which: (a) was in the Customer's possession or was known to the Customer prior to its receipt from
Honeyv..'ell; (b) is independently developed by the Customer without the utilization of such confidential information of Honeywell; (c) is or becomes public knowledge through no fault of the Customer: (d) is or becomes
available to the Customer from a source other than Honeywell; (e) is or becomes available on an unrestricted basis to a third party from Honeywell or from someone acting under its control; (f) is received by Customer after
notification to Honeywell that the Customer will not accept any further information.
3.2 Customer agrees that Honeywell may use nonproprietary information pertaining to the Agreement, and the work performed under the Agreement, for press releases, case studies, data analysis, promotional purposes, and
other similar documents or statements to be publicly released, as long as Honeywell submits any such document or statement to Customer for its approval, which will not be unreasonably withheld.
4, INSURANCE OBLIGATIONS
Honeywell shall, at its own expense, carry and maintain in force at all times from the effective date of the Contract through final completion of the work the following insurance. It is agreed, however, that Honeywell ha.,>
the right to insure or self-insure any of the insurance coverages listed below:
(a) Commercial General Liability Insurance to include contractual liability, products/completed operations liability with a combined single limit ofUSD 55,000,000 per occurrence. Such policy will be written on an
occurrence form basis;
(b) If automobiles are used in the execution of the Contract, Automobile Liability Insurance with a minimum combined single limit ofUSD 55,000,000 per occurrence. Coverage will include all owned, leased, non-owned
and hired vehicles.
(c) Where applicable, "All Risk" Property Insurance, including Builder's Risk insurance, for physical damage to property which is a.,>sUlned in the Contract.
(d) Workers' Compensation Insurance Coverage A - Statutory limits and Coverage B-Employer's Liability Insurance with limits ofUSD 51,000,000 for bodily injury each accident or disease.
Prior to the commencement of the Contract, Honeywell will furnish evidence of said insurance coverage in the form ofa Memorandum ofInsurance which is accessible at: http://places.honeywell.comlmoi. All insurance
required in this Article will be written by companies with a rating of no less than "A-, XII" by AM. Best or equivalent rating agency. Honeywell will endeavor to provide a thirty (30) day notice ofcancellation or non-
renewal to the Customer. In the event that a self-insured program is implemented, Honeywell will provide adequate proof of financial responsibility.
5, HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKJNG CONDITIONS
5.1 Customer has not observed or received notice from any source (formal or informal) of (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air
conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer's knowledge, might cause or
promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations.
5.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the Site except as
specifically provided in an attached Work Scope Document.
5.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition forthe performance of the work or Services, the discovery of the
condition shall constitute a cause beyond Honeywell's reasonable control and Honeywell shall have the right to cease the work or Services until the area has been made safe by Customer or Customer's representative, at
Customer's expense. Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery.
5.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or
Mold.
5,5 TO THE FULLEST EXTENT ALLOWED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF
WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, CONSULTANTS' AND ATTORNEYS' FEES, DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FJNES, PENAL TIES,
CLEANUP COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK STOPPAGE, THAT IN ANY WAY RESULTS FROM OR ARISES UNDER THE BREACH OF THE REPRESENTATIONS AND
WARRANTIES IN TillS SECTION, THE EXISTENCE OF MOLD OR A HAZARDOUS SUBSTANCE AT A SITE, OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS OR CONDITIONS
DESCRIBED IN TillS SECTION, WHETHER OR NOT CUSTOMER PROVIDES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE AND REGARDLESS OF WHEN THE
HAZARDOUS SUBSTANCE OR OCCURRENCE IS DISCOVERED OR OCCURS, THIS INDEMNIFJCA TION SHALL SURVIVE TERMINATION OF TillS AGREEMENT FOR WHATEVER REASON,
5.6 Customer is responsible for the containment of any and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or
causes of action that arise out of the storage, consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant onsite and is directly and solely negligent for its mishandling.
6, WARRANTY AND LIMITATION OF LIABILITY
6.1 Honeywell will replace or repair any product Honeywell provides under this Agreement that fails within the warranty period (one) 1 year because of defective workmanship or materials, except to the extent the failure
results from Customer negligence, or from fire, lightning, water damage, or any other cause beyond the control of Honeywell. This warranty applies to all products Honeywell provides under this Agreement, whether or not
manufactured by Honeywell. The warranty is effective as of the date of Customer acceptance of the product or the date Customer begins beneficial use of the product, whichever occurs first.
6,2 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS AND CUSTOMER EXPRESSLY WANES ALL OTHER WARRANTIES, WHETHER
WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF WORKMANSillP, CONSTRUCTION, MERCHANTABILITY OR FJTNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY PROPERTY
DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECT OR ANY SPECIAL, INCIDENTAL,
INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH,
6.3 Honeywell makes no representation or warranty, express, implied or otherwise, regarding Hazardous Substances or Mold. Honeywell shall have no duty, obligation or liability, all of which Customer expressly waives,
for any damage or claim, whether known or unknown, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, adverse health effect or any special,
consequential, punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with defects in the Services, in whole or in part due to or arising from any investigation,
testing, analysis, monitoring, cleaning, removal, disposal, abatement, remediation, decontamination, repair, replacement, relocation, loss of use of building, or equipment and systems, or personal injury, death or disease in
any way associated with Hazardous Substances or Mold.
7, INDEMNITY
Honeywell agrees to indemnify and hold Customer and its agents and employees harmless from all claims for bodily injury and property damages to the extent such claims result from or arise under Honeywell's negligent
actions or willful misconduct in its performance of the Work required under this Agreement, provided that such indemnity obligation is valid only to the extent (i) Customer gives Honeywell immediate notice in writing of
any such claims and permits Honeywell, through counsel of its choice and Honeywell's sole cost and expense, to answer the claims and defend any related suit and (ii) Customer gives Honeywell all needed information,
assistance and authority, at Honeywell's expense, to enable Honeywell to defend such suit. Honeywell is not responsible for any settlement without its written consent. Honeywell is not liable for loss or damage caused by the
negligence of Customer or any other party or such party's employees or agents. This obligation shall survive termination of this Agreement. Notwithstanding the foregoing, Customer agrees that Honeywell will not be
responsible for any damages caused by Mold or any other fungus or biological material or agent, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of
value, adverse health effect or any special, consequential, punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with defects in the Services.
8, LIMITATION OF LIABILITY
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 2 of 11
Item # 14
Attachment number 1
Page 20 of 78
8,1 IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITNE OR EXEMPLARY DAMAGES,
WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (JNCLUDING NEGLIGENCE), STRICT LIABILITY, MOLD, MOISTURE, INDOOR AIR
QUALITY, OR OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER.
8,2 NOTWITHSTANDINGANYTillNG TO THE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INYOLVES THE INSTALLATION AND/OR MAINTENANCE OF SYSTEMS
ASSOCIATED WITH SECURITY AND/OR THE DETECTION OF AND/OR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FJRE, HONEYWELL'S TOTAL LIABILITY ARISING OUT OF OR
AS A RESULT OF ITS PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF TillS AGREEMENT,
9, EXCUSABLE DELAYS
Honeywell is not liable for damages caused by delay or interruption in Services due to fire, flood, corrosive substances in the air, strike, lockout, dispute with workmen, inability to obtain material or services, commotion,
war, acts of God, the presence of Hazardous Substances or Mold, or any other cause beyond Honeywell's reasonable control. Should any part of the system or any Equipment be damaged by fire, water, lightning, acts of
God, the presence of Hazardous Substances or Mold, third parties or any other cause beyond the control of Honeywell, any repairs or replacement will be paid for by Customer. In the event of any such delay, date of shipment
or performance will be extended by a period equal to the time lost by reason of such delay, and Honeywell will be entitled to recover from Customer its reasonable costs, overhead, and profit arising from such delay.
10, PATENT INDEMNITY
10.1 Honeywell shall, at its expense, defend or, at its option, settle any suitthat may be instituted against Customer for alleged infringement of any United States patents related to the hardware or software manufactured and
provided by Honeywell under this Agreement ("the equipment"), provided that a) such alleged infringement consists only in the use of such equipment by itself and not as part of, or in combination with, any other devices,
parts or software not provided by Honeywell hereunder, b) Customer gives Honeywell immediate notice in writing of any such suit and permits Honeywell, through counsel of its choice, to answer the charge of infringement
and defend such suit, and c) Customer gives Honeywell all needed information, assistance and authority, at Honeywell's expense, to enable Honeywell to defend such suit.
10.2 If such a suit has occurred, or in Honeywell's opinion is likely to occur, Honeywell may, at its election and expense: a) obtain for Customer the rightto continue using such equipment; b) replace, correct or modify it so
that it is not infringing; or if neither a) or b) is not reasonable then c) remove such equipment and grant Customer a credit therefore, as depreciated.
10.3 In the case ofa final award of damages in any such suit, Honeywell will pay such award. Honeywell will not, however, be responsible for any settlement made without its written consent.
10.4 TillS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND CUSTOMER'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT BY THE
HARDWARE MANUFACTURED AND PROVIDED BY HONEYWELL HEREUNDER.
11. SOFTWARE LICENSE
All software provided in connection with this Agreement shall be licensed and not sold. The end user of the software will be required to sign a license agreement with provisions limiting use of the software to the equipment
provided under these specifications, limiting copying, preserving confidentiality, and prohibiting transfer to a third party. Licenses of this type are standard for computer-based equipment of the type covered by this
Agreement. Customer shall be expected to grant Honeywell access to the end user for purposes of obtaining the necessary software license.
12, DISPUTE RESOLUTION
With the exception of any controversy or claim arising out of or related to the installation, monitoring, and/or maintenance of fire and/or security systems, the Parties agree that any controversy or claim between Honeywell
and Customer arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration in a neutral venue, conducted in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association. Any award rendered by the arbitrator will be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Any controversy or claim arising
out of or related to the installation, monitoring, and/or maintenance of systems associated with security and/or the detection of, and/or reduction of risk of loss associated with fire will be resolved in a court of competent
jurisdiction.
13, ACCEPTANCE
This proposal and the pages attached shall become an Agreement upon signature above by Honeywell and Customer. The terms and conditions are expressly limited to the provisions hereof, including Honeywell's General
Terms and Conditions attached hereto, notwithstanding receipt of, or acknowledgment by, Honeywell of any purchase order, specification, or other document issued by Customer. Any additional or different terms set forth or
referenced in Customer's purchase order are hereby objected to by Honeywell and shall be deemed a material alteration of these terms and shall not be a part of any resulting order.
14, MISCELLANEOUS
14.1 This Agreement represents the entire Agreement between Customer and Honeywell for the Work described herein and supersedes all prior negotiations, representations or Agreements between the Parties related to the
work described herein.
14.2 None of the provisions of this Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order or other document unilaterally issued by Customer that relates to the subject matter of this
Agreement. This Agreement may be amended only by written instrument signed by both Parties.
14.3 This Agreement is governed by the law of the State where the work is to be performed.
14.4 Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Honeywell and
Customer, who agree thatthis Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
14.5 Customer may not assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of Honey well. Honeywell may assign its right to receive payment to a
third party.
15, COVERAGE
15.1 Customer agrees to provide access to all Equipment covered by this Agreement. Honeywell will be free to start and stop all primary equipment incidental to the operation of the mechanical, control, automation, and life
safety system(s) as arranged with Customer's representative.
15.2 It is understood that the repair, replacement, and emergency service provisions apply only to the Equipment included in the attached List of Covered Equipment. Repair or replacement of non-maintainable parts of the
system such as, but not limited to, ductwork, piping, shell and tube (for boilers, evaporators, condensers, and chillers), unit cabinets, boiler refractory material, heat exchangers, insulating material, electrical wiring, hydronic
and pneumatic piping, structural supports and other non-moving parts, is not included under this Agreement. Costs to repair or replace such non-maintainable parts will be the sole responsibility of Customer.
15.3 Honeywell will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse of the Equipment by persons other than Honeywell or its employees, or caused by lightning,
electrical storm, or other violent weather or by any other cause beyond Honeywell's control. Honeywell will provide such services at Customer's request and at an additional charge. Customer is entitled to receive
Honeywell's then current preferred-Customer labor rates for such services.
15.4 Honeywell may install diagnostic devices and/or software at Honeywell's expense to enhance system operation and support. Upon termination of this Agreement, Honeywell may remove these devices and return the
system to its original operation. Customer agrees to provide, at its sole expense, connection to the switched telephone network for the diagnostic devices and/or softv.'are.
15.5 Honeywell will review the Services delivered under this Agreement on an annual basis, unless otherwise noted.
15.6 This Agreement assumes that the systems and/or Equipment included in the attached List of Covered Equipment are in maintainable condition. Ifrepairs are necessary upon initial inspection or initial seasonal start-up,
repair charges will be submitted for approval. Should these charges be declined, those non-maintainable items will be eliminated from coverage under this Agreement and the price adjusted accordingly.
15.7 In the eventthatthe system or any equipment componentthereofis altered, modified, changed or moved, this Agreement may be immediately adjusted or terminated, at Honeywell's sole option. HONEY\VELL is not
responsible for any damages resulting from such alterations, modifications, changes or movement
15.8 Honeywell is not responsible for maintaining a supply of, furnishing and/or replacing lost or needed chlorofluorocarbon (CFC) based refrigerants not otherwise required under this Agreement. Customer is solely
responsible for the cost of material and labor of any such refrigerant not otherwise provided for under this Agreement at current market rates.
15.9 Maintenance, repairs, and replacement of Equipment parts and components are limited to restoring to proper working condition. Honeywell is not obligated to provide replacement software, equipment, components
and/or parts that represent a significant betterment or capital improvement to Customer's system(s) hereunder.
15.10 Unless otherwise specified, Customer retains all responsibility for maintaining LANs, W ANs, leased lines and/or other communication mediums incidental or essential to the operation of the system(s) or
Equipment found included in the attached List of Covered Equipment.
15.11 Customer will promptly notify Honeywell of any malfunction in the system(s) or Equipment covered under this Agreement that comes to Customer's attention.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 3 of 11
Item # 14
Attachment number 1
Page 21 of 78
16, TERMS OF PAYMENT
16.1 Subjectto Honeywell's approval of Customer's credit, Customer will payor cause to be paid to Honeywell the full price farthe Services as specified on the first page of this Agreement. Honeywell will submit
quarterly invoices to Customer in advance for Services to be performed during the subsequent billing period, and payment shall be due within twenty (20) days after Customer's receipt of each such invoice. Payments for
Services past due more than five (5) days shall accrue interest from the due date to the date of payment atthe rate of one and one-half percent (1.5%) per month, compounded monthly, or the highest legal rate then allowed.
Customer will pay all attorney and/or collection fees incurred by Honeywell in collecting any past due amounts.
16.2 Price Adjustment. Honeywell may annually adjustthe amounts charged for the Services provided.
17, TERMINATION
17.1 Customer may terminate this Agreement for cause if Honeywell defaults in the performance of any material term of this Agreement, or fails or neglects to carry forward the Services in accordance with this Agreement,
after giving Honeywell written notice of its intent to terminate. If, within thirty (30) days following receipt of such notice, Honeywell fails to cure or perform its obligations, Customer may, by written notice to Honeywell,
terminate this Agreement.
17.2 Honeywell may tenninate this Agreement for cause (including, but not limited to, Customer's failure to make payments as agreed herein) after giving Customer written notice of its intent to terminate. If, within thirty
(30) days following receipt of such notice, Customer fails to make the payments then due, or otherwise fails to cure or perform its obligations, Honeywell may, by written notice to Customer, terminate this Agreement and
recover from Customer payment for Services performed and for losses sustained for materials, tools, construction equipment and machinery, including but not limited to, reasonable overhead, profit and applicable damages.
17.3 Cancellation - This Agreement may be canceled at Honeywell's option in the event Honeywell equipment on Customer's premises is destroyed or substantially damaged. Likewise, this Agreement may be canceled at
Customer's option in the event Customer's premises are destroyed. In the event of such cancellation, neither party shall be liable for damages or subjectto any penalty, exceptthat Customer will remain liable for Services
rendered to the date of cancellation.
18, DEFINITIONS
18.1 "Hazardous substance" includes all of the following, whether naturally occurring or manufactured, in quantities, conditions or concentrations that have, are alleged to have, or are believed to have an adverse effect on
human health, habitability ofa Site, or the environment: (a) any dangerous, hazardous or toxic pollutant, contaminant, chemical, material or substance defined as hazardous or toxic or as a pollutant or contaminant under state
or federal law, and (b) any petroleum produL1, nuclear fuel or material, carcinogen, asbestos, urea formaldehyde, foamed-in-place insulation, polychlorinated biphenyl (PCBs), and (c) any other chemical or biological material
or organism, that has, is alleged to have, or is believed to have an adverse effect on human health, habitability of a Site, or the environment.
18.2 "Mold" means any type or form of fungus or biological material or agent, including mold, mildew, moisture, yeast and mushrooms, and any mycotoxins, spores, scents, or by-products produced or released by any of the
foregoing. This includes any related or any such conditions caused by third parties.
18.3 "Covered Equipment" means the equipment covered by the Services to be performed by Honeywell under this Agreement, and is limited to the equipment included in the respective work scope attachments.
18.4 "Services" means those services and obligations to be undertaken by Honeywell in support of, or to maintain, the Covered Equipment, as more fully detailed in the attached work scope document(s), which are
incorporated herein.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 4 of 11
Item # 14
Attachment number 1
Page 22 of 78
Preferred Mechanical Maintenance Services
1.1 Scope - HONEYWELL will maintain the mechanical systems, components, and hardware listed below:
List of Covered Equipment:
Quantity Description Nominal Size Description
1 RTU-l 4 Ton Trane Rooftop AHU
1 RTU-2 17.5 Ton Trane Rooftop AHU
1 RTU-3 17.5 Ton Trane Rooftop AHU
1 RTU-4 17.5 Ton Trane Rooftop AHU
1 RTU-5 17.5 Ton Trane Rooftop AHU
1 RTU-6 17.5 Ton Trane Rooftop AHU
1 RTU-7 17.5 Ton Trane Rooftop AHU
1 RTU-9 17.5 Ton Trane Rooftop AHU
1 RTU-lO 17.5 Ton Trane Rooftop AHU
1 RTU-ll 10 Ton Carrier Rooftop AHU
1 P-l 2 Heat Reclaim Pump
8 Thermostat NA Honeywell Programmable
1 DectronJRS 482 120 HP Pool Dehumidifier
1.2 Preventive Maintenance - Quarterly preventive maintenance call will be scheduled by a computer-generated service
report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to maintain the
systems. Maintenance intervals will be determined by either equipment run time or a frequency determined from consideration of
equipment operation, application, location, or criticality of end use. Upon completion of each service call, a summary of the
preventive maintenance tasks completed will be provided to CUSTOMER.
1.3 Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the
functional limitations of presently installed hardware, firmware, and software found on CUSTOMER'S system(s).
HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been
found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as
required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or
replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged parts shall
become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The
labor required for their removal and installation is not included.
Notwithstanding the foregoing, at initial inspection, at initial seasonal start-up, or following twelve (12) months of service, if any
individual component cannot, in the sole or exclusive opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of
commercial availability of standard parts, and/or excessive wear or deterioration, HONEYWELL may remove said component from
the List of Covered Equipment, with sixty (60) days written notice. Non-maintainable components will be eliminated from
coverage under this Agreement and HONEYWELL shall adjust the price accordingly.
1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency
situations. However, should an emergency arise, HONEYWELL personnel will assess the situation either by phone or remote
diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is
required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call
requires HONEYWELL to provide service for equipment that is not listed in Article 1.1 above, CUSTOMER will be liable for
charges prevailing for such service.
Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of
emergency service coverage):
. Continuous Emergency Service:
24 hours per day, seven days per week, federal holidays included
a Extended Hours Emergency Service:
12 hours per day, five days per week, federal holidays excluded.
Specified hours: 6:00 a.m. - 6:00 p.m., Monday through Friday.
. Regular Business Hours Emergency Service:
8.5 hours per day, five days per week, federal holidays excluded.
Specified hours: 8:00 a.m. - 4:30 p.m., Monday through Friday.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 5 of 11
Item # 14
Attachment number 1
Page 23 of 78
1.5 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
1.6 Honeywell ServicePortal - HONEYWELL will provide customer access to an Internet-based application that will allow
the CUSTOMER to securely submit non-emergency service requests online; view status of all service calls, whether scheduled,
open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment
coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality
enhancements or deletions are at the discretion of HONEYWELL.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 6 of 11
Item # 14
Attachment number 1
Page 24 of 78
Air Filter Services
1.1 Scope - HONEYWELL will furnish and install air filters appropriate for the design condition of CUSTOMER'S
ventilation systems. Media for the fan system units listed in this section will be replaced according to the following schedule:
L't fC
dE
t
IS 0 overe ,qmpmen :
Changes per year
Fan System Unit Quantity Size Type (1,2,4,6, or 12)
RTU-l 1 24" X 24" 2" Pleated 4
RTU-2 1 24" X 24" 2" Pleated 4
RTU-3 1 24" X 24" 2" Pleated 4
RTU-4 1 24" X 24" 2" Pleated 4
RTU-5 1 24" X 24" 2" Pleated 4
RTU-6 1 24" X 24" 2" Pleated 4
RTU-7 1 24" X 24" 2" Pleated 4
RTU-9 1 24" X 24" 2" Pleated 4
RTU-lO 1 24" X 24" 2" Pleated 4
RTU-ll 1 24" X 24" 2" Pleated 4
Dectron IRS 485 6 24" X 24" 2" Pleated 4
1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article
1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL-supplied frames from the facility, or
offer CUSTOMER the opportunity to purchase them at the current market value.
1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of
media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect
the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency.
1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 7 of 11
Item # 14
Attachment number 1
Page 25 of 78
Maintenance Service Special Provisions
These Special Provisions are incorporated herein by reference and made a part of the Honeywell International Inc., Honeywell
Building Solutions Support Services Agreement.
1. This proposal excludes the maintenance of the pool water side of the equipment. Maintenance of the filters, strainers, etc will
be performed by others.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 8 of 11
Item # 14
Attachment number 1
Page 26 of 78
Enen?:y Guarantee Special Provisions
These Special Provisions are incorporated herein by reference and made a part of the Honeywell International Inc., Automation and
Control Solutions Agreement.
1.1 Incorporated Documents - Attachment F, Attachment G, and Exhibits to Attachment G are hereby made an integral part of
this SUPPORT SERVICES AGREEMENT, insofar as same is applicable to the work of the Energy Guarantee Auditing and
Analysis Services, as if specifically written herein, and unless otherwise hereinafter specified.
1.2 Energy Guarantee Performance Period Auditing Activities - In coordination with, or in addition to, any Energy
Auditing and Analysis Services, HONEYWELL will perform Measurement & Verification (M&V) activities as described in
Attachment G.
1.3 Remote Diagnostics - CUSTOMER shall allow HONEYWELL to perform remote diagnostics on all equipment
associated with the Energy Savings Guarantee for operational compliance with manufacturer's specifications, HONEYWELL
specifications, requirements of Attachment F, and requirements of Attachment G .
HONEYWELL may install diagnostic devices at HONEYWELL's expense to monitor and/or enhance system operation and
support. Upon termination of this Agreement, HONEYWELL may remove these devices and return the system to original
operation.
1.4 Potential-To-Save - Verification of an ECM's potential to generate the proposed energy cost avoidance is satisfied upon
CUSTOMER's signing of Attachment J or an equivalent Delivery and Acceptance Certificate. (See Attachment F - Definitions:
"Option A".
1.5 Energy Purchasing Alternatives - It is understood that there is no requirement for HONEYWELL to perform
evaluations of energy purchasing alternatives or perform rate negotiations under this contract.
Switching from the respective electric and natural gas local distribution companies (LDCs) to the respective
marketers/brokers/suppliers (SUPPLIERs) for the commodity portion of gas and electricity will be the result of Contract(s) between
CUSTOMER and SUPPLIER(s). HONEYWELL does not assure the provision of gas or electricity, and all incentives and
payments associated with the Contract(s) between CUSTOMER and SUPPLIER(s) are the responsibility of the Parties to that
Contract.
1.6 Utility Rebates - It is understood that all utility rebates and/or refunds are the result of an agreement between
CUSTOMER and the utility company and HONEYWELL assumes no responsibility for either obtaining said rebates and/or refunds
or for the quantity of said rebates and/or refunds.
It is further understood that any evaluation and presentation of options by HONEYWELL for potential utility rebates and credits
available to CUSTOMER from utility companies is limited to those identified during contract negotiation and during installation.
Assisting the CUSTOMER in securing identified rebates is understood to be a construction and installation task and is not part of
these on-going services.
1. 7 Recommendations - It is understood that HONEYWELL will use its best professional judgment in evaluating energy use
characteristics, but assumes no responsibility for financial performance related to any recommendations.
1.8 CUSTOMER Responsibilities for Documentation - It is the responsibility of the CUSTOMER to provide to the M&V
Specialist, at minimum, on a quarterly basis, except as modified below:
1.8.1 Verification that equipment installed to perform the ECMs has been properly maintained, including but not
limited to provision of maintenance records.
1.8.2 Current status of the buildings (i.e., occupancy level and use, hours of operation, etc.).
1.8.3 Records of CUSTOMER initiated changes in equipment setpoints, start/stop conditions, usage patterns.
1.8.4 Records of CUSTOMER initiated changes in operation of mechanical-electrical systems, which may impact the
ECMs.
1.8.5 Records regarding addition or deletion of equipment or building structure, which may impact the ECMs or the
building energy consumption.
1.8.6 Copies of all utility information including monthly utility bills and utility summary data on a monthly basis, and
access to utility accounts through an authorization by the CUSTOMER to the utility providers to allow the release of data
to a HONEYWELL representative.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 9 of 11
Item # 14
Attachment number 1
Page 27 of 78
1.9 CUSTOMER Responsibilities for Notification - HONEYWELL and CUSTOMER division of responsibilities and risk
allocation is described in Attachment F and Attachment G.
It is the responsibility of the CUSTOMER to notify HONEYWELL of all changes in production, occupancy, building load,
conditioned building area, equipment operation, and scheduling, etc. from the baseline period. Deviation from the baseline period
will result in Baseline Adjustments to normalize the Base Year energy use to Current Year conditions. It will be the responsibility
of the CUSTOMER to investigate and correct any reported deficiencies in the current operations in the buildings that impact the
ECMs.
1.10 CUSTOMER Responsibilities for Maintenance - During the term of this Agreement, for all equipment provided or
modified as per Attachment A - Scope of Work, the CUSTOMER shall perform on-going maintenance and accomplish component
replacement and equipment repairs in accordance with manufacturer's standards and practices and take all reasonable measures to
insure the equipment is operating at full efficiency. Component replacement and equipment repairs must be accomplished in a
timely fashion. Additionally, CUSTOMER shall insure such equipment is operated at all times in accordance with applicable
manufacturer's specifications, HONEYWELL specifications, and the requirements of Attachments F and G contained herein. For
all non-HONEYWELL maintenance actions, CUSTOMER shall document and make available to HONEYWELL maintenance
dates and tasks accomplished, the start date and duration of all deficient equipment operation and the subsequent corrective action
and/or repair dates. Failure of the CUSTOMER to operate the equipment per the specifications, repair any deficiencies in a timely
manner, and perform the ongoing maintenance functions in accordance with the standards and practices during the Guarantee period
will allow HONEYWELL to adjust the Guarantee accordingly.
CUSTOMER shall replace any failed equipment or component no longer warranted by HONEYWELL or a HONEYWELL
subcontractor, with equipment or components of equal or greater efficiency value than installed by HONEYWELL, for the full
contract guarantee term.
1.11 Energy Cost Avoidance - Energy Cost avoidance may also include, but is not limited to, savings from demand charges,
power factor correction, taxes, ratchet charges, rate changes and other utility tariff charges that are reduced as a result of the
HONEYWELL involvement to the extent permitted by the Agreement.
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 10 of 11
Item # 14
Attachment number 1
Page 28 of 78
Enen?:y Guarantee Auditim?: and Analysis Services
1.1 Scope - HONEYWELL will implement Energy Guarantee Auditing and Analysis Services for CUSTOMER'S facilities,
energy conservation measures (ECMs), and/or utility meters in coordination with Attachment F - Energy Guarantee and Attachment
G - Schedule of Savings. Attachment G, as used herein, includes the Exhibits to Attachment G. HONEYWELL will perform the
services outlined in Section 1.4.
L't fC
d F Tti M t
ECM b S
OU .
IS 0 overe aCI I es, e ers, s )y ervlce ermg:
(a) (b) ( c) (d)
LDC-Meter # / Related M&V
Facility ECMs Offering
Utility Type (list only ECMs associated with meter listed in column (b) ) Subsection
City of Clearwater Electric # 91948-11052 ECM 2, and ECM 3 1.4.1
City of Clearwater Gas # 4106654 ECM4 1.4.1
City of Clearwater Pool Gas #4106657 ECM 1 1.4.1
1.2 Coverage - This Agreement includes all labor, travel, and expenses to perform the services and frequency described in
Section 1.4. Services not explicitly described in Section 1.4, including CUSTOMER Guarantee Responsibilities, are not included.
It is understood that it will be the responsibility of the CUSTOMER to investigate and correct any deficiencies not covered under
the SUPPORT SERVICES AGREEMENT.
1.3 Incorporated Documents - The Energy Guarantee Special Provisions, Attachment F - Energy Guarantee, Attachment G -
Schedule of Savings, and Exhibits to Attachment G are hereby made an integral part of this SUPPORT SERVICES AGREEMENT,
insofar as same is applicable to the work of the Energy Auditing and Analysis Services, as if specifically written herein, and unless
otherwise hereinafter specified.
1.4 M&V Offerings - In coordination with section 1.1, HONEYWELL will perform the Measurement & Verification (M&V)
offerings checked below:
IZI 1.4.1 Retrofit Isolation Ener!!v Audit for Option A Verified ECMs - HONEYWELL will provide Option A energy
guarantee auditing services as detailed in Attachment F, Attachment G, and Exhibits to Attachment G for specific Energy
Conservation Measures (ECMs) identified in Attachment G and/or Exhibits to Attachment G as using Option A methodologies for
Measurement and Verification. HONEYWELL will provide this one-time determination of the quantity of energy avoidance of the
CUSTOMER'S facility for the First Guarantee Year only. Option A methods will be applied on an ECM specific basis (i.e.,
isolated to the retrofit) and Energy Cost Avoidance for a Guarantee Year will be quantified and summarized on an ECM basis.
After the ECM's potential-to-save has been verified (section 1.3) HONEYWELL shall either stipulate the quantity of cost avoidance
or determine the cost avoidance from engineering calculations and measurement of specific variables. Utility bill auditing (Option
C) and reconciliation of Option A results to utility meter bill data is not included. The Option A retrofit isolation method was
selected by the CUSTOMER to provide an economical reconciliation method and to minimize the interactive effects on the
determination of cost avoidance due changes to the site or facilities from the baseline conditions.
HONEYWELL will provide a single (1) reporting submission of the determination of energy avoidance for the First Guarantee
Year. The Energy Avoidance quantified in the First Guarantee Year will be stipulated as the annual Energy Avoidance for each
Guarantee Year of the remaining contract term.
Term Coverage: Year 1 Verification of Potential to Perform; Year 2 to End of Term Verification of Potential to Perform,
Energy avoidance stipulated to be same as Year 1 Results, Cost avoidance includes stipulated escalation rate as listed in Att G
Option A Audit Report section will be submitted:
IZI Annually
D 1.4.2
D 1.4.3
D 1.4.4
D 1.4.5
Energy Advisory Report-Levell (Not Applicable)
Energy Advisory Report-Level 2 (Not Applicable)
Retrofit Isolation Energy Audit for Option B Verified (Not Applicable
Utility Bill Energy Audit for Option C verified ECMs (Not Applicable)
Proposal Number PerfContM&V
Honeywell Service Agreement (Form Rev. 02/07-1)
Page 11 of 11
Item # 14
Attachment number 1
Page 29 of 78
ATTACHMENT E
PAYMENT SCHEDULE
1. The following payment schedule has been established for the Work:
1. 1 The payment schedule reflected below has been established for the Work. Payment shall be made net thirty
(30) days of invoice date. If issues surrounding lack of payment are not remedied within ten (10) business days,
HONEYWELL may suspend all Work until payment is made.
Total payments are:
$
2.445,000
1.1.2 Percent Complete
Percent ofProiect Complete Amount Due
Upon contract execution:
30% $ 733,500
Monthly Progress payments:
65% $1,589,250
Upon project delivery and acceptance:
5% $ 122,250
2. The following payment schedule has been established for Support Services:
2.1 The first invoice will be issued upon completion of the Work and prior to commencement of Support
Services and CUSTOMER shall payor cause to be paid to HONEYWELL the full price for the Services as specified
in Attachment D.
Attachment E (Form Rev. 11106)
Page 1 of 1
Item # 14
Revised 6111108
Attachment number 1
Page 30 of 78
ATTACHMENT F
ENERGY GUARANTEE
1. DEFINITIONS
When used in this Agreement, the following capitalized words shall have the meanings ascribed to them below:
"Baseline" is the description outlined in Attachment G, that defines the Baseline Usage Baseline Usage Unit Costs
and facilities, systems, or equipment operations and characteristics, and environmental conditions that are to be used
as the benchmark for determining cost avoidance.
"Baseline Period" is the period of time (specified in Section I of Attachment G) coordinated with the Baseline
Usage for the purpose of utility bill analysis (see "Option C") to allow the comparison of a Guarantee Year against a
Baseline. The Baseline Period may not always be one contiguous element of time and may be different from a 365-
day annual period. Baseline information from non-contiguous elements of time may be normalized and assigned to
a specified Baseline Period.
"Baseline Usage or Demand" the calculated or measured energy usage (demand) by a piece of equipment or a site
prior to the implementation of the ECMs. Baseline physical conditions, such as equipment counts, nameplate data,
and control strategies, will typically be determined through surveys, inspections, and/or metering at the site.
"Baseyear or Base Year" is equivalent to "Baseline" and may not always be one contiguous element of time and
may be different from a 365-day annual period.
"Construction Phase or Period" The time period between the start of the project installation and the date of Final
Project Acceptance.
"Construction Savings Period" The time period(s) between the completion of installation and start of providing
substantial benefit to the CUSTOMER for each single specific ECM vs. the time of Final Project Acceptance.
"Commissioning Phase or Period" The phase, before Final Project Acceptance, when (1) the functional ability of
the installed equipment or systems, and/or modified equipment or systems to operate in conformity with the design
intent is documented and verified and (2) the potential-to-save of said equipment and systems is documented and
verified for the first time.
"Cost Adjustments" means for each year following the first year of the Support Services, HONEYWELL, may, in
its sole discretion increase the annual Operational Cost Savings in an amount matching the adjustment to the
Support Services fee.
"Cost Avoidance" means the difference between the actual cost incurred during a selected time period versus what
the cost would have been had the cost avoidance strategy not been implemented.
"Covered Systems and Equipment" as used in this Attachment F means the systems and equipment identified in
Attachment A (Scope of Work) and Attachment D (Support Services).
"Energy and Operational Cost Avoidance Guarantee Practices" are those practices identified in Attachment G,
intended to achieve avoided costs in energy and/or operating expenses.
"Energy Auditing" means the act of Measurement and Verification (M& V) to determine the Guarantee Savings.
"Energy Costs" may include the cost of electricity and fuels to operate HV AC equipment, facility mechanical and
lighting systems, and energy management systems, and the cost of water and sewer usage, as applicable.
"ECM" The Energy Conservation Measure (ECM) is the installation of equipment or systems, or modification of
equipment or systems as described in Attachment A, for the purpose of reducing utility (energy, water, etc.)
consumption and demand and costs and/or non-utility (O&M, operational) costs.
"Facilities" shall mean those buildings where the energy and operational cost savings will be realized.
"F.E.M.P." shall mean the Federal Energy Management Program of the U.S. Department of Energy and its
Measurement and Verification Guidelines for Federal Energy Projects (DOE/GO-102000-0960, September 2000).
The F.E.M.P. guidelines classify measurement & verification approaches as Option A, Option B, Option C, and
Option D. The F.E.M.P. Guideline was developed based on the International Performance MeasurefMPn ~~ 4
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 10f9
Attachment number 1
Page 31 of 78
Verification Protocol (LP.M.V.P.). The focus of the F.E.M.P. M&V Guidelines is on choosing the M&V option
and method most appropriate for specific projects.
"Financing Document" refers to that document executed between CUSTOMER and a third-party financing entity
providing for payments from CUSTOMER to third-party financing entity.
"Final Project Acceptance" refers to CUSTOMER acceptance of the installation of the ECMs as described in
Attachment A.
"First Guarantee Year" is defined as the period beginning on the first (1st) day of the month following the date of
Final Project Acceptance of the Work installed and ending on the day prior to the first (1st) anniversary thereof.
"Guarantee Period" is defined as the period beginning on the first (1st) day of the First Guarantee Year and
ending on the last day of the final Guarantee Year. Also known as the "Measurement and Verification Phase" or
"Performance Period".
"Guarantee Year" is defined as the First Guarantee Year and each of the successive twelve (12) month periods
commencing on the anniversary of the commencement of the First Guarantee Year throughout the Term of this
Agreement.
"Guaranteed Savings" is defined as the amount of avoided Energy and Operational Costs necessary to pay for the
cost of the Work and Support Services incurred by CUSTOMER in each Guarantee Y ear [as identified in Section
3.1 hereof].
"I.P.M.V.P." International Performance Measurement and Verification Protocol (July 1997) provides an overview
of current best practice techniques available for measurement & verification of performance contracts. This
document is the basis for the F.E.M.P. protocol. The techniques are classified as Option A, Option B, Option C,
and Option D.
"Measurement and Verification Plan" (M&V Plan) is defined as the plan providing details on how the Guarantee
Savings will be verified.
"Measurement and Verification Phase or Period" The specific time period designated to demonstrate the savings
and/or performance achieved from the energy retrofit. The savings will be verified based on the Measurement and
Verification procedures as outlined in Attachment G. Also known as the "Guarantee Period" or "Performance
Period" .
"Operational Costs" commonly referred to as O&M costs, shall include the cost of operating and maintaining the
Facilities, such as, but not limited to, the cost of inside and outside labor to repair and maintain affected systems and
equipment, the cost of custodial supplies, the cost of replacement parts, the cost of deferred maintenance, the cost of
lamp and ballast disposal, and the cost of new capital equipment.
"Option A" is a verification approach that is designed for projects in which the potential to perform needs to be
verified, but the actual on-going, year over year performance can be stipulated based on the results of the "potential
to perform and generate Savings" verification and engineering calculations. Option A involves procedures for
verifying that:
. Baseline conditions have been properly defmed; and
. The equipment and/or systems that were contracted to be installed have been installed; and
. The installed equipment components or systems, at the end of the construction period, meet the specifications of the
contract in terms of quantity, quality, and rating; and
. The installed equipment is operating and performing in accordance with the specifications in the contract and meeting all
functional tests.
. The "potential to perform and generate Savings" may involve pre-retrofit and post-retrofit measurements or
may be based on manufacturer and vendor data.
"Option B" is for projects in which the potential to perform and generate Savings needs to be verified; and actual
performance needs to be measured (verified). Option B involves procedures for verifying the same items as Option
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes)
Item tf 14
Page 2 of9
Attachment number 1
Page 32 of 78
A plus verifying actual performance of equipment component or system. Performance verification techniques
involve engineering calculations with metering and monitoring for verifying that:
. The installed equipment components or systems, each year of the performance period, meet the specifications of the
contract in terms of quantity, quality and rating, and operation and functional performance.
"Option C" is also for projects in which the potential to perform needs to be verified and actual performance
during the term of the contract needs to be verified. Option C involves procedures for verifying the same items as
Option A plus verifying achieved energy savings during the term of the contract using whole building utility meter
analysis performance verification techniques.
"Option D" is a verification technique where calibrated simulations of the baseline energy use and/or calibrated
simulations of the post-installation energy consumption are used to measure Savings from the Energy Conservation
Measures. Option D can involve measurements of energy use both before and after the Retrofit for specific
equipment or energy end use as needed to calibrate the simulation program. Periodic inspections of the equipment
may also be warranted. Energy consumption is calculated by developing calibrated hourly simulation models of
whole-building energy use, or equipment sub-systems in the baseline mode and in the post-installation mode and
comparing the simulated annual differences for either an average year or for conditions that correspond to the
specific year during either the baseline or post-installation period.
"Performance Phase or Period" Also know as the "Guarantee Period" or "Measurement and Verification Period".
"Potential-to-Save" or "Potential-to-Perform" by an ECM is satisfied when a measure is properly installed and
has the potential to generate predicted levels of energy cost avoidance. Verification of an ECM's "potential-to-save"
is satisfied upon CUSTOMER's signing of Attachment J or an equivalent Delivery and Acceptance Certificate.
Also see "Option A".
"Retrofit" is the work provided by HONEYWELL as defined by the "ECMs."
"Retrofit and Support Costs" are the sum of the (i) the financing payments required to be made by CUSTOMER
pursuant to the Financing Document; and (ii) the payments required to be made by CUSTOMER for Support
Services.
"Retrofit Isolation Method (RIM) or Approach" is an M&V approach that verifies the Guarantee Savings using
techniques that isolate the energy use of the ECM and affected systems separate from the energy use of the rest of
the facility. This method is used to mitigate the interactive energy effects of changes made to the facility outside of
HONEYWELL's control.
"Savings" is defined as avoided, defrayed, or reallocated costs.
"Support Services" is defined as the services to be provided by HONEYWELL and described in Attachment D.
"Term" shall have the meaning as defined in Section 2 hereof.
"Total Guarantee Year Savings" is defined as the summation of avoided Energy and Operational Costs realized
by Facilities in each Guarantee Year as a result of the Retrofit and Support Services provided by HONEYWELL as
well as Excess Savings, if any, carried forward from previous years.
2. TERM AND TERMINATION
2.1 Guarantee Term. The Term of this Guarantee Period shall commence on the first (lst) day of the month
following the date of Final Project Acceptance of the Work installed pursuant to this Agreement and shall terminate
at the end of the Guarantee Period unless terminated earlier as provided for herein. The Term of this Guarantee
Period is defined in Section I of Attachment G.
2.2 Guarantee Termination. Given that both parties recognize that the energy and operational savings can
only be achieved if the systems and equipment are properly maintained throughout the Guarantee Term, Customer
agrees that the savings guarantee set forth herein is dependent upon the continuation of any existing Support
Services Agreements by HONEYWELL or by OTHERS. Customer shall continue to contract with Honeywell for
the Energy Auditing and Analysis Services set forth in this Agreement for the entire term of the savings guarantee
term. Should this Agreement, or other existing Agreements covering systems and equipment not coverfi%ffi Wi~ 4
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 3 of9
Attachment number 1
Page 33 of 78
Agreement, be terminated (including, as applicable, the Support Services Agreement - Attachment D) in whole or
in part for any reason prior to the end of the Term, the Guarantee for the Guarantee Year in which such termination
becomes effective shall be prorated as of the effective date of such termination, with a reasonable adjustment for
seasonal fluctuations in Energy and Operational Costs, and the Guarantee for all subsequent Guarantee Years shall
be null and void.
3. SAVINGS GUARANTEE
3.1 Guarantee Savin!!:s. HONEYWELL guarantees to CUSTOMER that the identified Facilities will realize
the total energy and operational cost avoidance through the combined value of all ECMs over the Term of the
contract as defined in Section I of Attachment G. In no event shall the savings guarantee provided herein exceed
the total installation, support services, and financing costs for the Work under this Agreement.
3.1.1 Additional Savin!!:s Before Final Proiect Acceptance. All energy and operational cost avoidance
realized by CUSTOMER that result from activities undertaken by HONEYWELL prior to Final Project Acceptance,
including any utility rebates or other incentives earned as a direct result of the installed Energy Conservation
Measures or Support Services provided by HONEYWELL, will be applied toward the Guaranteed Savings for the
First Guarantee Year.
3.1.2 Additional Savin!!:s After Final Proiect Acceptance. Additional energy and/or operational cost
avoidance, including any utility rebates or other incentives, that can be demonstrated, or earned, as a result of
HONEYWELL's efforts that result in no additional costs to CUSTOMER beyond the costs identified in this
Agreement will be included in the guarantee savings reconciliation report for the applicable Guarantee Year(s).
3.1.3 Cumulation of Savin!!:s. The Guaranteed Savings in each Guarantee Year are considered satisfied if the
Total Guarantee Year Savings for such Guarantee Year equals or exceeds the Retrofit and Support Costs for such
Guarantee Year, or the amount identified in Section I of Attachment G hereto.
3.1.4 Excess Savin!!:s. In the event that the Total Guarantee Year Savings in any Guarantee year exceed the
Guaranteed Savings required for that Guarantee Year, such Excess Savings shall not be carried forward and applied
against Guaranteed Savings shortfalls in any future Guarantee Year. In the event HONEYWELL has previously
paid CUSTOMER for a Guaranteed Savings shortfall in a past Guarantee Year, pursuant to Section 3.1.5, then
Excess Savings in current Guarantee Year shall be billed to CUSTOMER (but only up to any amounts previously
paid by HONEYWELL for a shortfall and CUSTOMER shall pay HONEYWELL within thirty (30) days after
receipt of such bill.
3.1.5 Savin!!:s Shortfalls. In the event that the Total Guarantee Year Savings in any Guarantee Year is less than
the Guaranteed Savings required for that Guarantee Year, after giving credit for any Excess Savings carried forward
from previous Guarantee Years pursuant to Section 3.1.4, HONEYWELL shall, upon receipt of written demand
from CUSTOMER, compensate CUSTOMER the amount of any such shortfall, in such form as agreed to by the
parties, limited by the value of the guarantee, within forty-five (45) days. Resulting compensation shall be
HONEYWELL's sole liability for any shortfall in the Guaranteed Savings.
3.1.6 A!!:!!:re!!:ation of Savin!!:s. The parties mutually agree that the Guarantee Savings for this Agreement and
the Guarantee Savings for all previous active Energy and Operational Guaranteed Cost Avoidance projects for this
CUSTOMER shall be combined each year until the end of the original guarantee term for each project. Throughout
the duration of the term for the each specific phase the total savings will be utilized as an aggregate in satisfying the
sum of the respective guarantees.
3.2 Savin!!:s Reconciliation Documentation. HONEYWELL will provide CUSTOMER with a guarantee
savings reconciliation report after each Guarantee Year. CUSTOMER will assist HONEYWELL in generating the
savings reconciliation report by providing HONEYWELL with copies of all bills pertaining to Energy Costs within
two (2) weeks following the CUSTOMER's receipt thereof, together with access to relevant records relating to such
Energy Costs. CUSTOMER will also assist HONEYWELL by permitting access to any maintenance records,
drawings, or other data deemed necessary by HONEYWELL to generate the said report. Data and calculations
utilized by HONEYWELL in the preparation of its guarantee cost savings reconciliation report will be made
available to CUSTOMER, along with such explanations and clarifications as CUSTOMER may reasonably request.
3.2.1 Acceptance of Guarantee Reconciliation. At the end of each Guarantee Year CUSTOMER will have
forty-five (45) days to review the guarantee savings reconciliation report and provide written notice to
em tf 14
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 40f9
Attachment number 1
Page 34 of 78
HONEYWELL of non-acceptance of the Guarantee Savings for that Guarantee Year. Failure to provide written
notice within forty-five (45) days of the receipt of the guarantee savings reconciliation report will deem it accepted
by CUSTOMER.
3.2.2 Guarantee Savin!!:s Reconciliation. Guarantee Savings will be determined in accordance with the
methodology(s), operating parameters, formulas, and constants as described below and/or defined in Attachment G
and/or additional methodologies defined by HONEYWELL that may be negotiated with CUSTOMER at any time.
For reconciliation of Guarantee Savings employing the method of utility bill analysis consistent with F.E.M.P.
Option C:
Energy usage for the Facilities for such Guarantee Year will be summarized and compared with the adjusted
Baseline Period energy usage for the Facilities through the use of energy accounting software. The difference
between the adjusted Baseline Period energy usage and the Guarantee Year energy usage will be the Energy
avoidance. The difference between the adjusted Baseline Period energy usage multiplied by the applicable energy
rate as defined in Attachment G, and the Guarantee Year energy usage multiplied by the applicable energy rate as
defined in Attachment G, will be used to calculate the Energy Cost avoidance. Energy Cost avoidance may also
include, but are not limited to, Savings from demand charges, power factor correction, taxes, ratchet charges, rate
changes and other utility tariff charges that are reduced as a result of the HONEYWELL involvement. A Baseline
will be specified (Section I of Attachment G) for the purpose of utility bill analysis.
AND/OR for those energy audits employing the method consistent with LP.M.V.P. and/or F.E.M.P. Options A
and/or B:
For each ECM, HONEYWELL will employ an M&V Plan which may be comprised of any or all of the following
elements:
1. Pre-retrofit model of energy consumption or demand
2. Post retrofit measured energy consumption
3. Post-retrofit measured demand and time-of-use
4. Post-retrofit energy and demand charges
5. Sampling plan
6. Stipulated Values
The value of the energy savings will be derived from the measured data and engineering formulae included herein,
and the applicable energy charges as defined in Attachment G. In some cases, energy usage and/or demand will be
calculated from measured variables that directly relate to energy consumption, demand or cost, such as, but not
limited to, measured flow, temperature, current, voltage, enthalpy or pressure.
AND/OR for those energy audits employing the method consistent with LP.M.V.P. and/or F.E.M.P. Option D:
For each Energy Conservation Measure, HONEYWELL will employ an M&V Plan that may be comprised of any
or all of the following elements:
1. Pre-retrofit model of energy consumption or demand
2. Post retrofit model of energy consumption or demand
3. Post retrofit measured energy consumption
4. Post-retrofit measured demand and time-of-use
5. Post-retrofit energy and demand charges
6. Sampling plan
7. Stipulated Values
The value of the energy savings will be derived from a calibrated simulation of either the whole-building or of sub-
systems in the building to determine the difference in the performance of the specific equipment being replaced.
This method may entail as needed one-time measurements of the performance of the energy consuming systems in
the building in order to calibrate the simulation model. Energy usage for the Facilities for such Guarantee Year will
be derived through the use of simulation programs.
3.3 Operational Cost Avoidance. The agreed-upon Operational Cost Avoidance as described in Attachment
G (Schedule of Savings) will be deemed realized upon execution of this Agreement and will begin to accrue on the
date of the completion and acceptance of each Retrofit improvement or on the commencement date for Support
Services (Article 6.2.3), whichever comes first. These Savings are representative of information provided by the
CUSTOMER consisting of either whole or partial budgeted operational costs and as such, it is hereby understood
Item tf 14
Page 5 of9
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes)
Attachment number 1
Page 35 of 78
and agreed that the CUSTOMER is wholly responsible for assuring that these budgeted Operational Costs are
accurate and achievable. Implementation of this Agreement (including, as applicable, the Support Services
Agreement) allows for the reallocation or defrayal of such budgeted Operational Costs. The CUSTOMER
acknowledges and agrees that, if it did not enter into this Agreement, it would have to take future steps to achieve
the same ends as does the work included in Attachment A of this contract, and that, in doing so, it would incur
operational costs of at least equal to the operational costs stated in Attachment G per year over the life of the
contract. The CUSTOMER agrees that, by entering into this agreement, it will avoid future operational costs in at
least this amount.
3.4 Base Year Adiustments. Baseline Period shall be adjusted to reflect: changes in occupied square footage;
changes in energy-consuming equipment, including any repairs or improvements made to the equipment as part of
this Agreement; changes in the Facilities; changes in Energy and Operational Cost Avoidance Guarantee Practices
adversely affecting energy consumption and/or demonstrated operational changes; changes in weather between the
Baseline Period and the Guarantee Year; and documented or otherwise conclusively established metering errors for
the Baseline Period and/or any Guarantee Year adversely affecting energy usage measurement.
3.4.1 Facility Operational Chanl!:es. Except in the case of emergencies, CUSTOMER agrees it will not, without
the consent of an Authorized Representative of HONEYWELL: make any significant deviations from the applicable
Energy and Operational Cost Avoidance Guarantee Practices; put any system or item of equipment in a permanent
"on" position, if the same would constitute a deviation from the applicable Energy and Operational Cost Avoidance
Guarantee Practices; or assume manual control of any energy management system or item of equipment, if the same
would constitute a deviation from the applicable Energy and Operational Cost Avoidance Guarantee Practices.
3.4.2 Hours and Practices. To achieve these energy savings, HONEYWELL and CUSTOMER agree upon the
operating practices listed in Attachment G.
3.4.3 Activities and Events Adverselv Impactinl!: Savinl!:s. CUSTOMER shall promptly notify
HONEYWELL of any activities known to CUSTOMER which adversely impact HONEYWELL's ability to realize
the Guaranteed Savings and HONEYWELL shall be entitled to reduce its Guaranteed Savings by the amount of any
such adverse impact to the extent that such adverse impact is beyond HONEYWELL's reasonable control.
3.4.3.1 If for any reason any facility and/or utility meter covered under this Agreement is materially unoccupied,
closed, or discontinued, the CUSTOMER shall promptly notify HONEYWELL within fifteen (15) days of this
change. The savings will be deemed realized for such facilities or meters and the Guarantee will be adjusted
accordingly. HONEYWELL will provide written notice of such adjustment to the CUSTOMER.
3.5 Guarantee Adiustment. HONEYWELL's Guaranteed Savings obligations under this Agreement are
contingent upon: (1) CUSTOMER following the Energy and Operational Cost Avoidance Guarantee Practices set
forth herein and in Attachment G; (2) no alterations or additions being made by CUSTOMER to any of the Covered
Systems and Equipment without prior notice to and agreement by HONEYWELL; (3) CUSTOMER sending all
current utility bills to HONEYWELL within two (2) weeks after receipt by CUSTOMER, if CUSTOMER fails to
provide current utility bills for a period of time in excess of six (6) months HONEYWELL will send CUSTOMER
written notice that it must send HONEYWELL copies of the utility bills and if CUSTOMER still fails to comply
within thirty (30) days, HONEYWELL may, at its sole discretion, deem the Guarantee Savings obligation met
during that period and any successive periods, and (4) HONEYWELL's ability to render services not being
impaired by circumstances beyond its control. To the extent CUSTOMER defaults in or fails to perform fully any
of its obligations under this Agreement, HONEYWELL may, in its sole discretion, adjust its Guaranteed Savings
obligation; provided, however, that no adjustment hereunder shall be effective unless HONEYWELL has first
provided CUSTOMER with written notice of CUSTOMER's default(s) or failure(s) to perform and CUSTOMER
has failed to cure its default(s) or failure(s) to perform within thirty (30) days after the date of such notice.
4. EXTENT OF CONTRACTUAL GUARANTEE
4.1 Status of the Honevwell Proposal. CUSTOMER's Request for Proposal, Honeywell's proposal and any
other documents submitted by Honeywell to the Customer prior to negotiation of this Agreement are expressly
excluded from and are not a part of this Agreement. The parties agree that although the Honeywell Proposal may
have contained scope items, guarantee savings and M& V options other than those stated in this Agreement, the
Scope of Work, Schedule of Savings, and M&V plan were developed jointly by the parties through negotiation.
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes)
Item tf 14
Page 60f9
Attachment number 1
Page 36 of 78
The CUSTOMER has chosen to purchase the scope of work set forth in Attachment A. The CUSTOMER accepts
the Energy Guarantee and Schedule of Savings and agrees to the M&V plan set forth in Attachments F and G.
5. CUSTOMER RESPONSIBILITIES PROVISIONS
5.1. EQuioment Subiect to these Provisions. Equipment affecting the performance of the Energy Saving
Guarantee includes (1) equipment provided as per Attachment A - Scope of Work, (2) modifications made to
existing equipment as outlined in Attachment A - Scope of Work, (3) existing or new equipment not provided or
modified under this Agreement but materially affected by the work provided per Attachment A - Scope of Work
and consuming energy or water via utility meters covered by this Agreement.
5.2. CUSTOMER Maintenance and Reolacement Resoonsibilities. During the term of this Agreement, for
all equipment covered by the Energy Savings Guarantee of this Agreement, the CUSTOMER shall perform on-
going maintenance and accomplish component replacement and equipment repairs in accordance with
manufacturer's standards and practices and take all reasonable measures to insure the equipment is operating at full
efficiency. Component replacement and equipment repairs must be accomplished in a timely fashion. Additionally,
CUSTOMER shall insure such equipment is operated at all times in accordance with applicable manufacturer's
specifications, HONEYWELL specifications, and the requirements of Attachments F and G contained herein. For
all non-HONEYWELL maintenance actions, CUSTOMER shall document and make available to HONEYWELL
maintenance dates and tasks accomplished, the start date and duration of all deficient equipment operation and the
subsequent corrective action and/or repair dates. Failure of the CUSTOMER to operate the equipment per the
specifications, repair any deficiencies in a timely manner, and perform the ongoing maintenance functions in
accordance with the standards and practices during the Guarantee period will allow HONEYWELL to adjust the
Guarantee accordingly. Minimum maintenance responsibilities for the equipment provided under this contract are
included in Exhibit F -1 attached hereto and incorporated herein by reference.
5.2.1. CUSTOMER shall replace any vandalized or any failed equipment or component no longer warranted by
HONEYWELL or the manufacturer, with equipment or components of equal or greater efficiency value than
installed by HONEYWELL, for the full Guarantee Term.
5.2.2. CUSTOMER shall be responsible to investigate and correct any reported deficiencies not covered under
this Support Services Agreement.
5.3. CUSTOMER Granted Access for Remote Dial!:nostics. CUSTOMER shall allow HONEYWELL to
perform remote diagnostics on all equipment associated with the Energy Savings Guarantee for operational
compliance with the manufacturer's specifications, and the requirements of Attachment D, Attachment F and
Attachment G contained herein. CUSTOMER shall provide one or both of the following described in section 5.3.1
or 5.3.2, as applicable.
5.3.1. Dial-In Remote Access: CUSTOMER is responsible for implementation and costs for first-time
installation and on-going maintenance and subscription fees for two (2) dedicated phone lines and two (2) modems)
at each front-end computer and one (1) dedicated phone line at each controller not hardwire connected to a front-
end computer.
5.3.2. TCP/IP Remote Access: CUSTOMER is responsible for implementation and costs for remote Honeywell
access through CUSTOMER's firewall(s) to the controllers and front-end computer(s) by one (1) Measurement and
Verification Specialist including but not limited to a dedicated static IP address, installation and on-going
maintenance and subscription and licensing fees for access hardware and software and one( 1) station license
dedicated to the remote user.
5.4. CUSTOMER Reoortinl!: Resoonsibilities. CUSTOMER shall report to HONEYWELL in writing
within fifteen (15) days of the following changes or events. The Guarantee or the realized Cost Avoidance will be
adjusted accordingly. Failure to do so will result in adjustment of the Guarantee.
(1) any additional energy source or change in existing energy source or supplier that the CUSTOMER may
negotiate during the term of this Guarantee and/or,
(2) any material change in system or equipment status, including replacement of, addition to, or modification of
existing energy and/or water consuming systems or equipment and/or,
(3) any long term temporary (equal to or greater than 10 days) or permanent changes in operating schedules and/or,
Item tf 14
Page 70f9
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes)
Attachment number 1
Page 37 of 78
(4) any facility and/or utility meter covered under this Agreement that becomes materially unoccupied, closed, or
discontinued and/or,
(5) any material change in the payment schedule, such as due to refinancing or variable interest rate.
5.5. CUSTOMER Governmental Unit Reportinl!: Responsibilities. CUSTOMER is solely responsible for
reports to be submitted to the Department of Commerce, Public Utilities/Services Commission, or any other
governmental agency or governmental unit.
5.6. CUSTOMER Provided Documentation. It will be the responsibility of the CUSTOMER to provide to
the M& V specialist on a minimum monthly basis (unless noted otherwise):
(I) Verification that equipment installed to perform the ECMs has been properly maintained, including but limited
to provision of maintenance records.
(2) Current status of the buildings (i.e., occupancy level and use, hours of operation, etc.).
(3) Records of customer initiated changes in equipment setpoints, start/stop conditions, usage patterns.
(4) Records of customer initiated changes in operation of mechanical systems, which may impact the ECMs.
(5) Records regarding addition or deletion of equipment or building structure, which may impact the ECMs or the
building energy consumption.
(6) Copies of monthly utility bills and utility summary data on a monthly basis, and access to utility accounts
through an authorization by the CUSTOMER to the Utility to allow the release of data to a Honeywell
representative.
5.7. CUSTOMER Rebate Responsibilities. It is understood that all energy rebates and/or refunds are the
result of an agreement between CUSTOMER and the utility company and HONEYWELL assumes no responsibility
for obtaining said rebates and/or refunds. It is understood that said rebates and/or refunds are not included in the
Guarantee.
5.8. Material Chanl!:es in Enerl!:V Units & Cost Avoidance.
5.8.1. Reported Material Changes. CUSTOMER shall deliver to HONEYWELL a written notice describing and
explaining all actual or proposed Material Changes in the Premises or in the operations in the Premises and their
anticipated effect on energy use. Said Notice must be delivered to HONEYWELL no less than seven (7) days before
any actual or proposed Material Change occurs.
5.8.1.1. For purposes of this provision, a Material Change is defined as any change in the following which
reasonably could be expected to increase or decrease energy used at the Premises by a value more than five percent
(5%) of the Guaranteed energy Savings per utility meter or submeter:
(1) manner of use of the Premises by Client;
(2) hours of operation of any equipment or facilities or energy systems contained in the Premises;
(3) occupancy of the Premises;
(4) structure of the Premises;
(5) types of equipment used in the Premises; or
(6) conditions affecting energy use in the Premises.
5.8.2. Umeported Material Changes. In the absence of any material Changes in the Premises or in their
operations, energy consumption and demand should not change from year to year. Therefore, if energy consumption
and demand per utility meter or submeter for any month increases by five percent (5%) of the Guaranteed Savings
per meter or more from the energy consumption and demand for the same month of the preceding contract year after
adjustment for changes to climactic conditions, then such increase shall be deemed to have resulted from a Material
Change, except where such increase is due to equipment malfunction, faulty repair or other acts of negligence by
HONEYWELL.
5.8.3. Adiustments for Material Changes. In the event of any increase or decrease in energy consumption and
demand for any month resulting from a reported or umeported Material Change, the amount of that increase shall be
subtracted from or that decrease shall be added to the total energy consumption and demand for that month prior to
the calculation of energy savings pursuant to Attachments F and G.
5.8.3.1. If a reported or umeported Material Change affected energy consumption and demand in the same
calendar month in the preceding year, the next preceding contract year where a Material Change has not occurred
will be used to compute the value of the Material Change and the energy savings for the current month.
Item tf 14
Page 80f9
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes)
Attachment number 1
Page 38 of 78
--- End of Attachment F ---
Attachment F (Form Rev. 10/06 - Modified for Florida Statutes)
Item tf 14
Page 90f9
Attachment number 1
Page 39 of 78
Exhibit F-1
Maintenance Requirements
In order to ensure proper equipment operation and efficiency, all equipment must be maintained and
operated in accordance with manufacturer requirements, The following list provides minimum
maintenance requirements for typical HVAC equipment proposed, Additional maintenance shall be
performed as necessary, based on manufacturer recommendations,
The Customer will be responsible for documenting all maintenance and providing maintenance records
to Honeywell upon request.
Rooftop Units
Monthly Inspection
[] Inspect Air Filters monthly and replace or clean whenever they become dirty,
Quarterly Inspection
[] Visually inspect condition and operation of unit. Check for unusual noises and vibration,
[] Inspect evaporator and condensing coils and clean whenever they become dirty,
[] Inspect fan blower and clean whenever they become dirty,
[] Check drip pans and drain lines, Clean as necessary
[] Replace pan treatment as necessary (Follow Mfg. recommendations)
[] Check controls for proper settings and operation,
[] Verify proper lubrication of blower motors and bearings (Follow Mfg. recommendations)
[] Check supply air temperature
[] Check condition of fan wheels and housings
[] Verify that the condenser fan is clear of any obstructions, Clean as necessary,
[] Verify belt tension is appropriate, Replace belts as necessary,
[] Make necessary adjustments & corrections,
Annual Inspection
[] Visually inspect condition of Heat Exchanger and clean as necessary,
[] Visually inspect condition of Evaporator and Condenser Coils and clean as necessary
[] Typically, compressors are factory shipped with a normal charge of the correct type refrigerant
grade oil in them and should rarely require additional oil. The service technician must be certain
the proper oil level is maintained in the compressor when it is installed and running,
[] Tighten all electrical connections (Follow Mfg. recommendations)
[] Inspect wiring for chafing, burning, or deteriorated insulation
[] Verify all compressor and starter contacts are operational and have free movement
[] Inspect refrigerant system for potential leaks
[] Verify proper economizer operation as applicable,
Exhibit F -1 - Maintenance Requirements
Pg 1 olWm # 14
Attachment number 1
Page 40 of 78
Dehumidification Units
Monthly Inspection
[] Inspect Air Filters monthly and replace or clean whenever they become dirty, Install proper filter
per manufacturer's recommendations, (moisture resistant, disposable, active carbon, etc)
[] Verify all belts are in good condition and that the tension is appropriate
Quarterly Inspection
[] Inspect evaporator and condensing coils and clean whenever they become dirty,
[] Check drip pans and drain lines, Clean as necessary
[] Visually inspect condition and operation of unit. Check for unusual noises and vibration,
[] Inspect evaporator and condensing coils and clean whenever they become dirty,
[] Inspect fan blower and clean whenever they become dirty,
[] Replace pan treatment as necessary (Follow Mfg. recommendations)
[] Check controls for proper settings and operation,
[] Check supply air temperature
[] Check condition of fan wheels and housings
[] Verify that the condenser fan is clear of any obstructions, Clean as necessary,
6 Month Inspection
[] Visually inspect condition sight refrigerant sight glass and verify that there are no bubbles
present after 10 minutes of compressor operation, (as applicable)
[] Verify that the compressor discharge temperature is appropriate per the manufacturer's
specifications,
[] Check controls for proper settings and operation,
[] Check supply air temperature
[] Check condition of fan wheels and housings
[] Verify that the condenser fan is clear of any obstructions, Clean as necessary,
[] Make necessary adjustments & corrections,
Annual Inspection
[] Verify proper lubrication of blower motors and bearings (Follow Mfg. recommendations)
[] Inspect air heat transfer coils and clean whenever they become dirty, (Follow Mfg.
recommendations for cleaning)
[] Tighten all electrical connections (Follow Mfg. recommendations)
[] Inspect wiring for chafing, burning, or deteriorated insulation
[] Verify all compressor and starter contacts are operational and have free movement
[] Inspect refrigerant system for potential leaks
Exhibit F -1 - Maintenance Requirements
Pg 2 olWm # 14
Attachment number 1
Page 41 of 78
ATTACHMENT G
SCHEDULE OF SAVINGS
1. Schedule of Savings
The total energy and operational Cost A voidance over the Term of the contract is equal to or greater than $4,964,669
as defined in the table below:
YEAR ENERGY OPERATIONAL TOTAL
1 $104,377 $80,387 $184,764
2 $107,508 $82,799 $190,307
3 $110,733 $85,283 $196,016
4 $114,055 $87,841 $201,896
5 $117,477 $90,476 $207,953
6 $121,001 $93,191 $214,192
7 $124,631 $95,986 $220,617
8 $128,370 $98,866 $227,236
9 $132,221 $101,832 $234,053
10 $136,188 $104,887 $241,075
11 $140,274 $108,033 $248,307
12 $144,482 $111,274 $255,756
13 $148,816 $114,613 $263,429
14 $153,281 $118,051 $271,332
15 $157,879 $121,593 $279,472
16 $162,615 $125,240 $287,856
17 $167,494 $128,998 $296,491
18 $172,519 $132,867 $305,386
19 $177,694 $136,853 $314,548
20 $183,025 $140,959 $323,984
TOTALS $2,804,640 $2,160,029 $4,964,669
or the sum of the Retrofit and Support Costs for such Guarantee Year, whichever is less. Provided further, in no
event shall the cost avoidance guarantee provided herein exceed the total installation, maintenance, and financing
costs for the Work under this Agreement. Proforma budget neutral or positive cash flows are not guaranteed.
The Term of the Guarantee Performance Period is ~ years, subject to Attachment F.
1.1 Enen!:v Savinl!:s. The first year amount of energy savings is the sum of the below listed ECMs. The
schedule of savings does not include the absolute increase in energy use due to the implementation of measures to
increase environmental comfort as directed by the customer, and other baseline adjustments (see 1.3.1.1). The
Guaranteed savings are less than the Projected savings, represented in Exhibits G-6 through G-9. The Cost
Avoidance is based on the listed Energy and Operational Cost Avoidance Guarantee Practices contained in Section
1.3 herein.
AttA ECM Description Electric N on-Electric Water Total
No. [a] Year 1 Year 1 Year 1 Year 1
1 Install Pool Dehumdification $0 $90,618 $0 $90,618
2 Replace RoofTop Units $5,187 $0 $0 $5,187
3 Lighting Upgrades $6,956 $0 $0 $6,956
4 Domestic Hot Water Heat Recovery $0 $1,616 $0 $1,616
Totals $12,143 $92,234 $ 0 $104,377
[a] Att A: Attachment A, Scope of Work.
Customer agrees that the baseline for the unit cost of energy will be adjusted each year of the guarantee term. This
annually adjusted value of energy unit cost is stipulated as the new baseline in each succeeding year. Customer
agrees that baseline adjustment is stipulated to be an escalation of 3 % per year for the unit cost of electric utilities and
3% per year for gas utilities used in the determination of cost avoidance each year.
1.2 Operational Cost Savinl!:s. The annual guarantee of operational cost avoidance strategies are listed below.
The Savings are based on the listed Energy and Operational Cost Avoidance Guarantee Practices contained in
Section 1.3 herein. The operational cost savings described below and identified in Section 1 are deemed satisfied
upon contract execution. The Customer acknowledges and agrees that, if it did not enter into this agreement, it
Item tf 14
Attachment G (Form Rev. 11-06) Page 1 of 6 Revised 10/20/08
Attachment number 1
Page 42 of 78
would have to take future steps to achieve the same ends as does the work included in Attachment A of this contract,
and that, in doing so, it would incur operational costs of at least the amount per year over the life of the performance
period as presented below and in the Schedule of Savings. The Customer agrees that, by entering into this
agreement, it will avoid future operational costs in at least these amounts.
Further, the Customer acknowledges that operational cost savings categorized as capital cost avoidance are part of, or
are causally connected to scope of work specified in Attachment A (i.e., the ECMs being implemented), and are
documented by industry standard engineering methodologies acceptable to the Customer.
Customer agrees that the baseline for the unit cost of operations will be adjusted each year of the guarantee term.
This annually adjusted value of operational unit cost is stipulated as the new baseline in each succeeding year.
Customer agrees that baseline adjustment is stipulated to be an escalation of 3% per year for operational costs used in
the determination of operational cost avoidance each year.
The operational cost avoidance values were identified, reviewed, and agreed to by the Evaluation Committee for this
project, including Margie Simmons (Finance Director), Rick Carnley (Asst Director, General Services), Chuck
Warrington (Managing Director, Clearwater Gas), Brian Langille (Gas Supply Engineer), Mike Quillen (Engineering
Director), and George McKibben (Purchasing Manager).
Att. A Cost Avoidance 1st Year
OSD# Operational Savings Description (OSD) Ref. Category Cost
(O&M, Capital,) Avoidance
I Extended Periodic Painting and Corrosion Control Al O&M $50,000
2 Reduced Maintenance with Honeywell Service of RoofTop A2 O&M $ 30,387
Units
Total $80,387
[a] O&M: operations and maintenance.
1.3 Enere:v and Operational Cost Avoidance Guarantee Practices:
1.3.1 BASELINE Operatinl!: Parameters are the facility(s) and system(s) operations measured and/or observed
before commencement of the Work. The data summarized will be used in the calculation of the baseline energy
consumption and/or demand and for calculating baseline adjustments for changes in facility operation that occur
during the Guarantee Period. HONEYWELL and CUSTOMER agree that the operating parameters specified in this
section are representative of equipment operating characteristics during the Baseline Period specified in this
Agreement. The following data was collected with the assistance of Rick Carnley, Assistant Director, General
Services.
The Baseline Period is defined as
January 2006 to December 2006 .
The Contractual Baseline consists of the Baseline Conditions and Baseline Operating Parameters collected from the
Baseline Period and modified by Baseline Adjustments, as necessary, as defined herein and by the Exhibits to
Attachment G.
Baseline operating parameters are stipulated in <Baseline Operating Parameters> attached hereto and incorporated
herein as Exhibit G-I. See Energy Savings Calculations, attached hereto and incorporated herein as Exhibit G-6
through G-9 for further information regarding stipulated baseline parameters.
1.3.1.1 Pre-Retrofit Baseline Adjustments: The following describes the adjustments that have been made during
the determination of the Baseline, prior to the determination of the projected cost avoidance and the guaranteed cost
avoidance. The adjustments are due to those projects included in Attachment A, or other known events, which
increase energy use prior to the application of the ECMs.
A. Operation of Natatorium Push Pull Ventilation System:
The natatorium was initially designed with a push pull ventilation system to limit the concentration of pool
chemicals in the space air and provide for some space conditioning. The system is not in operation at this
time. This is causing excessive condensation on the building structure during cold weather. Additionally,
Item tf 14
Attachment G (Form Rev. 11-06) Page 2 of 6 Revised 6111108
Attachment number 1
Page 43 of 78
the only source of heat is through the pool heaters. This causes excessive evaporation of pool water. The
existing system provided for the introduction and exhaust of 60,000 cfm of outdoor air during occupied
periods. The air was to be maintained at a temperature of 80 deg F to limit the heat losses from the pool
water. Honeywell has calculated the expected operating cost of the existing ventilation system. Honeywell
utilized an energy simulation program to generate the expected operational. The inputs for and the results
of the simulation are presented in exhibit G-6.
Additionally, the existing pool heating system is the only source of heat for the space. This is causing
excessive evaporation of the pool water requiring additional heat to be added to the pool water. Honeywell
has simulated the expected pool heating load had the existing ventilation system been operating and
maintaining the space temperature at baseline levels. The calculated pool energy use is lower than the
existing pool energy use.
The pool de humidification ECM will use the calculated energy use of the ventilation system and the pool
heating system as the baseline for calculating energy savings.
The parameters, methodologies, and/or calculations used in determining the Pre-Retrofit Baseline Adjustments are
incorporated herein as Exhibit G-4.
Routine and non-routine future post-retrofit baseline adjustments are discussed in section 1.4.4.
1.3.2 GUARANTEE PERIOD Operatinl!: Parameters of the facility(s) and system(s) after completion of
Work. The Customer agrees to operate, or cause to effect the operation of the Work in such manner that is
in accordance with the Guaranteed Period Operating Parameters. The data summarized will be used in the
calculation of the post-retrofit energy consumption and/or demand. HONEYWELL and CUSTOMER
agree that the proposed operating parameters specified in this section are representative of equipment
operating characteristics during the Guarantee Period specified in this Agreement. And, further, that they
are agreed to be reasonable and may be used in the calculation of the cost avoidance, as if the site is
actually operating per the parameters outlined exhibit G-2.
Guarantee Period operating parameters are stipulated in Guarantee Period Operating Parameters attached hereto and
incorporated herein as Exhibit G-2.
1.3.2.1 Post-Retrofit Baseline Adjustments: The following describes known future events, events not captured
in section 1.3.1.1., which generally increase energy use compared to the Baseline Period. This energy use is added
to the baseline to determine an adjusted baseline against which the energy and energy cost avoidance will be
determined. Energy increases are variable and dependant on the actual use of equipment.
A. De-humidification of Natatorium:
The natatorium does not have the ability to control humidity levels within the space. Honeywell has
calculated the expected electrical cost associated with controlling the humidity level within the space
utilizing a standard direct expansion refrigeration system. The system load is a function several different
factors. These factors are listed below:
Qpool evaporative load= Space load as a result of water evaporating from the pool surface. This load is a function
of the activity level in the pool, the temperature differential between the pool water and space and the space
humidity level. The pool evaporative load has to be made up by the pool water heaters. The peak load was
calculated to be 602,000 btu per hour. The annual hourly load profile (the % of peak value per hour) was
calibrated to the existing pool water heat addition presented in exhibit G-l.
Qenvelope load= Space load as a result of outside air temperature, solar radiation, envelope resistance to
conductive heat transfer, glass properties, and building orientation.
Qoccupancy= Space load due to the number of people occupying the space and activity level of the people.
Qlighting = Space load due to electrical lighting in the space.
Attachment G (Form Rev. 11-06)
Page 3 of6
Item tf 14
Revised 6111108
Attachment number 1
Page 44 of 78
Qcquipmcnt= Space load due to electrical equipment operating in the space.
The energy use associated with the dehumidification process is a function of both the load being served by
the equipment and the efficiency of the equipment. The efficiency of the equipment is also a function of
the outside air temperature.
These variables were input into an energy simulation software package in order to generate the expected
energy use of the equipment utilized to dehumidify the space. The inputs are presented in exhibit G-4.
The results of the simulation are used as a post retrofit baseline adjustment for the natatorium de-
humidification project. The energy use and resulting cost are the projected use of the de humidification
equipment to be installed as part of the energy conservation measure. These values are presented in exhibit
G-4.
The known post retrofit adjustments to the baseline conditions used in the determination of energy and energy cost
avoidance are included in Exhibit G and attached hereto and incorporated herein as Exhibit G-4.
1.3.3 Operational Cost Avoidance: The following parameters, methodologies, and/or calculations were used in
determining the Operational Costs and/or avoided costs due to the Retrofit and Support Services implementation
and are agreed to be reasonable and may be used in the calculation of the cost avoidance.
Operational cost avoidance methodology and/or calculation details are attached hereto and are incorporated herein
as the exhibits outlined in the following table
osn Operational Savings Cost A voidance Methodology Exhibit
# Description
I Natatorium Painting Calculation of estimated Labor & Material Savings due to reduced G-lO
and Corrosion Repair humidity levels and reduced chemical content of air in space.
Reduced Rooftop Unit Existing units are past their expected useful lives, have experienced
2 Maintenance numerous costly repairs over the last few years, and will require G-lO
extensive maintenance or replacement.
The operational savings measures and which budget line items or invoice categories that are affected, are cross-
referenced in each Operational Savings Cost A voidance Detail in the Exhibits.
[a] O&M: operations and maintenance.
1.3.4 Other enerl!V and operatinl! savinl!s measures: The following measures were not included in the
guarantee but may be used during the term in the determination of realized cost avoidance, or calculation of
performance versus the guarantee, or to show value-add to the Customer:
AttA
No.
3
Description of Attachment A Tasks not included in Sections 1.1 or 1.2 above
Reduced maintenance and labor costs for lighting upgrades
Attachment G (Form Rev. 11-06)
Page 4 of6
Item tf 14
Revised 6111108
Attachment number 1
Page 45 of 78
1.4 Guarantee Savin!!:s Measurement and Verification Plan
1.4.1 Measurement and Verification Methodolo!!:v(s):
Energy Conservation Electric Savings Verification Fuel Savings Verification Other Utility Savings
Measure Method Method Verification Method
Pool Dehumidification Option A/stipulated to Option A/stipulated to N/A
engineering calculations engineering calculations
Roof Top Unit OPTION A N/A
Replacement
Lighting OPTION A wi Stipulated N/A N/A
Bum Hours
Domestic Hot Water N/A OPTION A N/A
Heat Recovery
A description of M& V options applicable to this program are included in the Measurement and Verification Options
Matrix, attached hereto and incorporated herein as Exhibit G-O.
1.4.2 Ener!!:v Cost Avoidance: The following describes the Measurement and Verification procedures,
formulas, and stipulated values which may be used in the calculation of the energy cost avoidance. The
calculation of energy cost avoidance is based upon the utility rate paid during the Guarantee Year, or the
Baseline Period utility rate, whichever produces the higher cost avoidance and/or as defined heretofore.
Energy cost avoidance may also include, but is not limited to, Savings from demand charges, power factor
correction, taxes, ratchet charges, rate changes and other utility tariff charges that are reduced as a result of
the HONEYWELL involvement. The Customer is responsible for procuring a ratchet reset from the local
utility company, as applicable. In case any ratchets are not reset the following adjustment will be made -
energy cost avoidance will be calculated as if the ratchet has been reset at the end of the installation of
electrical demand reducing ECMs.
1.4.2.1 Natatorium Dehumidification
The existing natatorium is not dehumidified. The energy conservation measure will install a specialized
pool dehumidification unit to maintain the natatorium space at 60% Relative humidity and 840F. The heat
of rejection from the unit associated with the refrigeration process will be recovered with the use of heat
exchangers to offset the energy required to maintain the main pool at 820F and the Therapy pool at 840F
and the space at 840F. The electrical energy use of the dehumidification system will be used as a baseline
adjustment for this project, resulting in no electrical savings for this project. The amount of heat recovered
from the process will reduce the energy consumption of the existing ventilation system and the pool water
heaters.
The same energy simulation utilized in the post retro fit baseline adjustment was utilized to determine the
energy savings associated with the heat recovery. For each hour of the simulation the potential energy
recovery available from the dehumidification cycle was checked against the pool heating energy
requirements (in the form of the pool evaporative load) and the space energy requirement. If the
dehumidification cycle was calculated to not be operating or if it was operating but enough heat was not
available to offset the heating required by the space and the pool, the auxiliary heating requirement was
calculated. The auxiliary heating requirement was used as the expected energy use of the facility post
retro-fit. The existing heating requirement for the pool during the baseline period is added to the baseline
adjustment to determine the baseline used for the energy savings calculation. The difference between the
baseline energy use and the calculated post retrofit auxiliary energy is use is the calculated savings for
natural gas for this ECM.
The pre retrofit energy use for this ECM will be stipulated to the results of the Pre retrofit baseline
adjustment energy simulation and the existing baseline period pool energy use. Post retrofit, Honeywell
will measure the energy efficiency of the dehumidification process to determine that the energy efficiency
utilized in the simulation corresponds to efficiency of the installed unit.
Attachment G (Form Rev. 11-06) Page 5 of 6
Item tf 14
Revised 6111108
Attachment number 1
Page 46 of 78
1.4.2.2 Roof Top Unit Replacement
Honeywell will replace 8 rooftop units that serve areas of the long center other than the natatorium. These
units are past their expected useful life. The energy efficiency of the new units will be much greater than
the existing units. The calculations assume that the space loads served by these units during the baseline
period will be similar to future space loads at the facility resulting in similar load factors. The load factor
utilized in the energy savings calculations is 10% lower than the buildings energy load factor during the
baseline period. The 10% lower load factor is used as a safety factor in the determination of cost
avoidance. The current unit energy efficiencies will be stipulated for the purpose of determining cost
avoidance. The energy efficiencies of the post retrofit units will also be stipulated.
1.4.2.3 Lil!:htinl!:
Honeywell will replace the existing lighting in the natatorium and the gymnasium with higher efficiency
fixtures. The existing light fixtures will have a representative sample measured for power consumption
levels. The results of the measurement will be compared against the power consumption utilized in the
energy savings calculations for accuracy. The post retrofit fixtures power consumption will also be have a
representative sample measured. The difference in the post retrofit fixture power consumption and pre
retrofit power consumption levels will be multiplied by the annual run time hours for each fixture. The
annual run time hours will be stipulated for the duration of the contract.
1.4.2.4 Domestic Hot Water Heat Recoverv
Honeywell will install heat recovery equipment on two of the new roof top units to recover the rejected
heat from the refrigeration process to heat domestic hot water at the facility. Honeywell has calculated the
expected energy use of the domestic hot water used in the locker rooms at the facility. Honeywell has
calculated that 10% of the time that roof top units are running, there will be an opportunity to recover the
heat for domestic hot water use. The amount of energy available for heat recovery is a function of the
calculated energy use of the roof top unit. The amount of energy utilized by an 18 ton unit for this facility
was calculated for the rooftop replacement ECM. The calculated value of heat recovery will be stipulated
for the term of the contract.
1.4.3 Specific ECM M&V Planes): Specific M&V plans are displayed in Exhibit G-O.
1.4.4 Constants: The constants and/or stipulated values defined in the Exhibits to Attachment G, or as defined
herein ,are mutually agreed to by the Customer to be reasonable and may be used in the determination of
the cost avoidance.
1.4.5 Exhibits and Schedules: The following Exhibits are attached hereto and are made a part of this
Agreement by reference.
1.4.5.1 Exhibits
Exhibit G-O
Exhibit G-l
Exhibit G-2
Exhibit G-3
Exhibit G-4
Exhibit G-5
Exhibit G-6
Exhibit G- 7
Exhibit G-8
Exhibit G-9
Measurement & Verification Plan Details
Baseline Operating Parameters
Guarantee Period Operating Parameters
Contractual Baseline Conditions, Utility Use, Utility Unit Costs
Pre-Retrofit Baseline Adjustments
Known Future Post-Retrofit Baseline Adjustments
ECM-l - Pool Dehumidification Cost Avoidance Calculation
ECM-2 - RoofTop Unit Replacement Cost Avoidance Calculation
ECM - 3 Lighting Upgrades Cost A voidance Calculation
ECM-4 Domestic Hot Water Heat Recovery Cost Avoidance Calculation
Attachment G (Form Rev. 11-06)
Page 60f6
Item tf 14
Revised 6111108
Attachment number 1
Page 47 of 78
EXHIBIT G-O
Measurement & Verification Plan Details
EXHIBIT G-O
Measurement & Verification Plan Details
ECM 1: Install Pool Dehumidification
The purpose of this ECM is to improve the relative humidity of the pool area. The scope of this ECM
includes:
a) Replacement of the existing non-operative unit
1) Descrivtion/Rationale for ECM and M& V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance.
2) Boundarv of Ener1!V Use and Cost Avoidance Determination: The energy cost avoidance
determination for this ECM is isolated to the natural gas usage projected for reheat and
dehumidification of the Natatorium space.
3) Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The
baseline and adjustments are defined in Section 1.3 above.
4) Potential-to-Save Verification Plan The verification of potential- to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
5) Parameters to be Monitored & Samplinf! Plan: Limited to Verification of Potential to Perform as
indicated above. Customer agrees that the engineering calculations presented are stipulated and
represent the guarantee period operational performance and energy savings accrued.
6) Determination of Ener1!V & Cost Avoidance: Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
7) Determination of Non-Ener1!V Overational Cost Impact: Calculation of estimated Labor & Material
Savings due to reduced humidity levels and reduced chemical content of air in space.
8) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) cause to effect preventative maintenance and annual inspections
b) maintain post retrofit operational use as projected and displayed in the engineering calculations
c) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
d) provide Honeywell with notification of changes that would impact the baseline of this ECM.
9) On-Goinf! Activities: In accordance with Attachment D.
10) Reports & Documentation: There will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
ECM 2: Roof Top Unit Replacement
The purpose of this ECM is to improve mechanical, electrical efficiency in various mechanical systems.
The scope of this ECM includes:
a) The replacement of eight (8) root top units
Exhibit G-O
Page 1 of 4
Proprietary and Confidkte'm # 14
Attachment number 1
Page 48 of 78
EXHIBIT G-O
Measurement & Verification Plan Details
1) Description/Rationale for ECM and M& V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance.
2) Boundarv of Enerf!V Use and Cost Avoidance Determination: The energy cost avoidance
determination for this ECM is isolated to electrical energy use associated with improved efficiency due
to the replacement of the root top units.
3) Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The
baseline and adjustments are defined in Section 1.3 above.
4) Potential-to-Save Verification Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
5) Parameters to be Monitored & SamplinJ! Plan: Limited to Verification of Potential to Perform as
indicated above. Customer agrees that the engineering calculations presented are stipulated and
represent the guarantee period operational performance and energy savings accrued.
6) Determination of Enerf!V & Cost Avoidance Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
7) Determination of Non-Enerf!V Operational Cost Impact: Existing units are past their expected useful
lives and have experienced numerous costly repairs over the last few years.
8) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) cause to effect preventative maintenance and annual inspections
b) maintain post retrofit operational use as projected and displayed in the engineering calculations
c) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
d) provide Honeywell with notification of changes that would impact the baseline of this ECM.
9) On-GoinJ! Activities:
in accordance with Attachment D.
10) Reports & Documentation: there will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
ECM 3: LIGHTING RETROFIT
The purpose of this ECM is to increase the efficiency of the lighting systems by retrofitting or replacing
selected existing lighting fixtures with new energy efficient lamps and ballasts which will provide
significant reductions in both the electrical demand and consumption
1) DescriptionlRationale for ECM and M& V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance..
Exhibit G-O
Page 2 of 4
Proprietary and Confidkte'm # 14
Attachment number 1
Page 49 of 78
EXHIBIT G-O
Measurement & Verification Plan Details
2) Boundarv of Ener1!V Use and Cost Avoidance Determination The energy cost avoidance
determination for this ECM is isolated to the electrical lighting energy.
3) Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The
baseline and adjustments are defined in Section 1.3 above.
4) Potential-to-Save Verification Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
5) Parameters to be Monitored & Samplinf! Plan: The sampling methodology will utilize measurements
taken on switches or breakers and include five percent (5%) of fixtures per technology type (lamp and
ballast combinations). Due to minimal quantities and accepted energy usage, the exit signs and
incandescent lamps will not be measured. Operational parameters (hours) are stipulated in accordance
with Exhibit G-5 in order to calculate the potential to save.
6) Determination of Ener1!V & Cost Avoidance Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
7) Determination of Non-Enen!:v Operational Cost Impact: Not Applicable.
8) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) maintain post retrofit operational use as projected and displayed in the engineering calculations.
b) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
c) provide Honeywell with notification of changes that would impact the baseline of this ECM.
9) On-Goinf! Activities:
in accordance with Attachment D.
10) Reports & Documentation: there will be a single (1) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
ECM 4: Domestic Hot Water Heat recovery
The purpose of this ECM is to reduce the natural gas usage associates with the production of domestic hot
water by reclaiming the waste heat from the pool dehumidifier. By the process of cooling the pool space
temperature, the waste heat can be reclaimed and used to pre-heat the domestic hot water. The scope of
this ECM includes:
1) Description/Rationale for ECM and M& V Method: A Retrofit Isolation Methodology (Option A)
with performance and operational parameters stipulated and agreed upon as displayed in the
engineering calculations was selected to determine the energy unit displacement and cost avoidance.
The M&V methodology will provide assurance that the ECM has the potential to perform as installed.
This method was selected as a cost effective approach providing an acceptable balance between the
cost of doing M&V versus the quantity of projected Cost Avoidance.
2) Boundarv of Ener1!V Use and Cost Avoidance Determination: The energy cost avoidance
determination for this ECM is isolated to thermal energy use associated with pre-heating the domestic
hot water.
Baseline: Baseline Condition sand Planned & Unplanned Baseline Adiustment Conditions The baseline
and adjustments are defined in Section 1.3 above.
Exhibit G-O
Page 3 of 4
Proprietary and Confidkte'm # 14
Attachment number 1
Page 50 of 78
EXHIBIT G-O
Measurement & Verification Plan Details
3) Potential-to-Save Verification Plan The verification of potential-to-save will be based on review of
subcontractor documents and as-built observations to verify that the quantity, nameplate capacity,
nameplate efficiency and operational scheduling of the ECM meet the intent of the Engineered Savings
Calculations.
4) Parameters to be Monitored & Samplinf! Plan: Limited to Verification of Potential to Perform as
indicated above. Customer agrees that the engineering calculations presented are stipulated and
represent the guarantee period operational performance and energy savings accrued.
5) Determination of EnerJ!V & Cost Avoidance Customer agrees that the engineering calculations
presented are stipulated and represent the guarantee period operational performance and energy
savings accrued.
6) Determination ofNon-EnerJ!V Operational Cost Impact: Not applicable.
7) Customer Responsibilities The guarantee is contingent on the Customer successfully fulfilling the
following tasks:
a) cause to effect preventative maintenance and annual inspections
b) maintain post retrofit operational use as projected and displayed in the engineering calculations
c) as delineated in the Energy Guarantee Special Provisions outlined in Attachment D and
Attachments F and G.
d) provide Honeywell with notification of changes that would impact the baseline of this ECM.
8) On-Goinf! Activities:
in accordance with Attachment D.
9) Reports & Documentation: there will be a single (l) annual report of the determination of energy
avoidance each year, subject to Attachment D and Attachment F.
Exhibit G-O
Page 4 of 4
Proprietary and Confidkte'm # 14
Exhibit G-1
Baseline Operating Parameters
Long Center Occupancy Schedules and Space Temperature Setpoints:
Building/Unit Occupancy Cooling Heating Notes:
Schedule Setpoint Setpoint
Natatorium Sun-Sat: Occupied: Occupied: Requires
6 AM - 10 PM 84 Deg F 84 Deg F Baseline
Adjustment
Gymnasium, Locker Rooms, Occupied: Occupied:
Exercise Room, Hallways, Sun-Sat: 75 Deg F 72 Deg F
Offi ces 6 AM - 10 PM Unoccupied: Unoccupied:
80 Deg F 65 Deg F
Ventilation:
The Outside Air rates for the listed Air Handling Units are as follows:
Air Handling Unit Current Ventilation
Rates
(CFM)
MAU-1 15000
MAU-2 15000
MAU-3 15000
MAU-4 15000
Lighting:
See Exhibit G-8 'Lighting Fixture Location' for calculated run time hours for all lighting fixtures.
Exhibit G-1
Attachment number 1
Page 51 of 78
Item # 14
Attachment number 1
Page 52 of 78
Exhibit G-2
Guarantee Period Operating Parameters
Long Center Occupancy Schedules and Space Temperature Setpoints:
Building/Unit Occupancy Cooling Heating Relative Notes:
Schedule Setpoint Setpoint Humidity
Natatorium Occupied: Occupied: Requires
24/7 84 Deg F 84 Deg F 60% Baseline
Adjustment
Gymnasium, Locker Rooms, Occupied: Occupied:
Exercise Room, Hallways, Sun-Sat: 75 Deg F 72 Deg F
Offi ces 6 AM - 10 PM Unoccupied: Unoccupied:
80 Deg F 65 Deg F
Ventilation:
The Outside Air rates for the listed Air Handling Units are as follows:
Air Handling Unit Ventilation Rates
(CFM)
Pool-l 7700
Lighting:
See Exhibit G-8 'Lighting Fixture Location' for calculated run time hours for all lighting fixtures.
Exhibit G-2
page 1 of 1
Proprietary and Confidkte'm # 14
EXHIBIT G-3
Contractual Baseline Conditions, Utility Use, Utility Unit Costs
I\latural I\latural
Gas: Gas: Natural Gas: Natural Gas:
4106654 - 4106654 - 4106657 - 4106657 -
BASELINE REGULAR REGULAR POOL POOL
Gas Therms $ Therms $
Jan-06 426 $889 6,014 $12,093
Feb-06 406 $817 4,798 $9,292
Mar-06 353 $715 3,907 $7,568
Apr-06 394 $745 3,154 $5,707
May-06 274 $485 123 $204
Jun-06 261 $449 0 $0
Jul-06 243 $413 0 $0
Aug-06 228 $378 1 $2
5ep-06 214 $357 249 $378
Oct-06 318 $547 1,902 $3,092
Nov-06 362 $619 5,448 $8,845
Dec-06 360 $616 4,284 $6,957
FY Totals 3,839 $7,030 29,880 $54,138
Baseline Adjustment 0 $0 54,414 $88,742
Total Adjusted 3,839 $7,030 84,294 $142,880
2007 Rates
Electric - Progress Energy: GDST-1
Customer Charge $17.42
Energy Charge/kWh (On-Peak) $0,04659
Energy Charge/kWh (Off-Peak) $0,01869
Fuel Charqe/kWh (On-Peak) $0,07508
Fuel Charge/kWh (Off-Peak) $0,04050
Total Charge/kWh (On-Peak) $26,15905
Total Charge/kWh (Off-Peak) $12,72585
Demand Charge/kW (Base) $0,85
Demand Charge/kW (On-Peak) $2,57
Gross Recipts Tax 2,5641%
Natural Gas - Clearwater Gas: $.410 Contract
Customer Charge $30,00
NonFuel Charge/Therm $0.4100
Fuel Charge/Therm $1,0900
Total Gas Charqe/Therm $1,5000
State Gross Recipts Tax 2,117%
6% Franchise Fee 6,127%
Total Tax 8,245%
Total Charqe $1,6237
Natural Gas - Clearwater Gas: $.410 Contract
Customer Charge $0,00
NonFuel Charge/Therm $0.4100
Fuel Charge/Therm $1,0900
Total Gas Charge/Therm $1,5000
State Gross Recipts Tax 2,117%
6% Franchise Fee 6,127%
Total Tax 8,245%
Total Charge $1,6237
NFE svc - Medium
NFE svc - No Customer Charge
Exhibit G-3
Page 10f 2
Attachment number 1
Page 53 of 78
Proprietary amll!:~mf#eif1$1
Attachment number 1
Page 54 of 78
EXHIBIT G-3
Contractual Baseline Conditions, Utility Use, Utility Unit Costs
Progress Energy
Long Center Acct # 91948-11052
kWh Charge Off Peak kWh Charge Lighting Peak Base
BASELINE On Peak On-Peak kWh Off-Peak Lighting Charge Base Demand Demand Demand
ELECTRIC kwh $ kwh $ kwh $ kw kw $
Jan-06 51,060 $5,987 124,430 $7,843 2,018 $142 423 409 $360
Feb-06 42,320 $4,962 107,640 $6,785 2,018 $142 393 382 $334
Mar-06 53,590 $6,284 133,630 $8,423 2,018 $142 428 428 $364
Apr-06 63,710 $7,471 139,150 $8,771 2,018 $142 432 432 $367
May-06 61,640 $7,228 129,720 $8,176 1,849 $130 421 421 $358
Jun-06 70,380 $8,253 154,790 $9,756 1,849 $130 474 474 $403
Jul-06 71,990 $8,442 142,600 $8,988 1,849 $130 472 472 $401
Aug-06 65,320 $7,659 138,690 $8,742 1,849 $130 439 435 $373
Sep-06 73,140 $8,576 144,670 $9,119 1,849 $130 499 499 $424
Oct -06 62,560 $7,336 125,580 $7,915 1,849 $130 469 469 $399
Nov-06 51,290 $6,014 140,530 $8,858 1,849 $130 426 412 $362
Dec-06 54,740 $6,660 159,160 $9,421 1,849 $125 423 423 $360
FY Totals 721,740 $84,873 1,640,590 $102,795 22,864 $1,601 442 438 $4,504
Baseline Adjustment 286,639 $35,770 610,180 $37,043 0 $0 166 182 $1,860
Total Adjusted 1,008,379 $120,642 2,250,770 $139,838 22,864 $1,601 608 620 $6,364
Gross I MUnicipal
Peak Customer Total Electric Fixture & Recipts Franchise Total Load
BASELINE Demand Charge Cost Maitenance Tax Fee Consumption Billed AmI. Unit Cost Factor
ELECTRIC $ $ $ $ $ $ kwh $ $
Jan-06 $1,051 $19 $15,401 $94 $395 $965 177,508 $16,855 $0,095 58%
Feb-06 $982 $19 $13,223 $94 $340 $829 151,978 $14,486 $0,095 54%
Mar-06 $1,100 $19 $16,331 $94 $419 $1,023 189,238 $17,866 $0,094 61%
Apr-06 $1,110 $19 $17,879 $94 $459 $1,119 204,878 $19,551 $0,095 66%
May-06 $1,082 $19 $16,992 $89 $436 $1,063 193,209 $18,581 $0,096 64%
Jun-06 $1,218 $19 $19,779 $89 $507 $1,237 227,019 $21,612 $0,095 67%
Jul-06 $1,213 $19 $19,192 $89 $492 $1,200 216,439 $20,974 $0,097 64%
Aug-06 $1,118 $19 $18,041 $89 $463 $1,129 205,859 $19,721 $0,096 65%
Sep-06 $1,282 $19 $19,550 $89 $501 $1,223 219,659 $21,363 $0,097 61%
Oct -06 $1,205 $19 $17,003 $89 $436 $1,064 189,989 $18,593 $0,098 56%
Nov-06 $1,059 $19 $16,441 $89 $422 $1,019 193,669 $17,972 $0,093 63%
Dec-06 $1,087 $19 $17,671 $89 $453 $1,095 215,749 $19,309 $0,089 71%
FY Totals $13,508 $222 $207,503 $1,091 $5,323 $12,966 2,385,194 $226,884 $0,0951 62%
Baseline Adjustment $5,107 $0 $79,780 $0 $2,046 $0 896,819 $154,638
Total Adjusted $18,615 $222 $287,283 $1,091 $7,369 $12,966 3,282,013 $381,521 $0,1162 58%
Exhibit G-3
Page 2 of 2
Proprietaryj~emo#ic44al
Attachment number 1
Page 55 of 78
Exhibit G-4
Pre- Retrofit Baseline Adjustments
A Pre Retrofit Baseline adjustment is necessary to account for the expected energy use of the existing inoperable
ventilation system. Additionally, if the ventilation system had been operable the amount energy used to heat the
pool would have been less as the energy added to the pool was also being used to heat the space. The peak
evaporative loss was calculated for the size of the pools, the desired pool temperatures, expected activity level at
peak, and the desired space temperature. A time profile was generated to account for evaporative energy losses of
the pool at off peak times. The total evaporative loss was summed for each time period. This is the calculated
energy loss for the pool. Utilizing the pool heaters rated combustion efficiency; the expected pool energy input is
then calculated. An Energy simulation was performed utilizing Carrier's Hourly Analysis Program Version 4.31
to determine the ventilation systems energy input requirements. The following inputs were utilized to determine
the expected energy use of the ventilation system to maintain the space at 840F. The units were set to be turned off
during unoccupied periods.
Natatorium
1. General Details:
Floor Area ........................................................24000.0 fF
Avg. Ceiling Height ................................................ 22.0 ft
Building Weight ...................................................... 70.0 Ib/fF
1.1. OA Ventilation Requirements:
Space Usage ......................................... User-Defined
OA Requirement 1 ...................................................0.0 CFM/person
OA Requirement 2 ...........................................60000.0 CFM
Space Usage Defaults ............. ASHRAE Std 62-2001
2. Intemals:
2.1. Overhead Lighting:
Fixture Type .............. Free Hanging
Wattage ...............................42000.0 Watts
Ballast Multiplier ........................1.08
Schedule ............................... Lights
2.2. Task Lighting:
Wattage ....................................... 0.0 Watts
Schedule ............................... Lights
2.4. People:
Occupancy.............................. 120.0 People
Activity Level.................... Athletics
Sensible ................................... 710.0 BTU/hr/person
Latent .................................... 1090.0 BTU/hr/person
Schedule ............. Pool Occupancy
2.3. Electrical Equipment:
Wattage .................................... 0.00 W/ft'
Schedule ................................. None
2.5. Miscellaneous Loads:
Sensible .......................................... 0 BTU/hr
Schedule ................................. None
Latent ...................................602350 BTU/hr
Schedule .............. Evaporative Load
3. Walls, Windows, Doors:
N
E
W
S
Wall Gross Area (ft')
4708.0
2464.0
2464.0
1800.0
Window 1 Qty.
150
85
85
8
Window 2 Qty.
o
o
o
o
o
o
o
o
Exhibit G-4
page 1 of7
Proprietary and Confidential
Item # 14
Exhibit G-4
Pre- Retrofit Baseline Adjustments
3.1. Construction Types for Exposure N
Wall Type ......................................... Default Wall Assembly
1st Window Type .................................... Window Assembly
3.2. Construction Types for Exposure E
Wall Type ......................................... Default Wall Assembly
1st Window Type .................................... Window Assembly
3.3. Construction Types for Exposure W
Wall Type ......................................... Default Wall Assembly
1st Window Type .................................... Window Assembly
3.4. Construction Types for Exposure S
Wall Type ......................................... Default Wall Assembly
1st Window Type .................................... Window Assembly
4. Roofs, Skylights:
Roof Gross Area (fF)
24000.0
4.1. Construction Types for Exposure H
Roof Type .................................................... Roof Assembly
5. Infiltration:
Design Cooling ...................................................... 0.00 CFM
Design Heating ...................................................... 0.00 CFM
Energy Analysis .....................................................0.00 CFM
Infiltration occurs only when the fan is off.
6. Floors:
Type ........................................... Slab Floor On Grade
Floor Area ........................................................24000.0 fF
Total Floor U-Value .............................................. 0.100 BTU/(hr-ft2-0F)
Exposed Perimeter .............................................. 500.0 ft
Edge Insulation R-Value ........................................2.00 (hr-fF-OF)/BTU
7. Partitions:
(No partition data).
Roof Assembly
Skylight Qty.
o
Attachment number 1
Page 56 of 78
Roof Details
Outside Surface Color .......................................... Dark
Absorptivity..........................................................0.900
Overall U-Value ...................................................0.121 BTU/(hr-ft2-0F)
Inside surface resistance
Steel deck
Board insulation
Built-up roofing
Outside surface resistance
0.000
0.034
1.000
0.376
0.000
0.0
489.0
2.0
70.0
0.0
Exhibit G-4
page 2 of7
Specific Ht. R-Value
BTU / (Ib - OF) (hr-ft2-OF)/BTU
0.00 0.68500
0.12 0.00011
0.22 6.94400
0.35 0.33200
0.00 0.33300
0.0
1.4
0.2
2.2
0.0
Proprietary and Confidential
Item # 14
Attachment number 1
Page 57 of 78
Exhibit G-4
Pre- Retrofit Baseline Adjustments
Default Wall Assembly
Wall Details
Outside Surface Color .......................................... Dark
Absorptivity..........................................................0.900
Overall U-Value ...................................................0.225 BTU/(hr-ft2-0F)
Wall
to
Inside surface resistance
Gypsum board
Air space
LW concrete block
Face brick
Outside surface resistance
0.0
50.0
0.0
38.0
125.0
0.0
Specific Ht. R-Value
BTU 1 (Ib - OF) (hr-ft2-OF)/BTU
0.00 0.68500
0.26 0.56000
0.00 0.91000
0.20 1.51500
0.22 0.43300
0.00 0.33300
4.43600
0.0
2.6
0.0
12.7
41.7
0.0
0.000
0.625
0.000
4.000
4.000
0.000
Window Assembly
Window Details:
Detailed Input ......................................................... Yes
Height ....................................................................5.00 ft
Width ...................................................................... 5.00 ft
Frame Type ............. Aluminum with thermal breaks
Internal Shade Type ............................................ None
Overall U-Value ...................................................0.581 BTU/(hr-ft2-0F)
Overall Shade Coefficient ....................................0.506
Glass Details:
Gap Type ............................................. 1/2" Air Space
Outer Glazing
Glazing #2
Glazing #3
1/4" blue-grn reflective
1/4" blue-green tint
not used
0.282
0.488
1.000
0.295
0.062
0.000
0.423
0.450
0.000
Pool Occupancy (Fractional)
Exhibit G-4
page 3 of7
Proprietary and Confidential
Item # 14
Attachment number 1
Page 58 of 78
Exhibit G-4
Pre- Retrofit Baseline Adjustments
As .
slgnmen s:
.Jan Feb Mar Apr May ..Jun Jul Aug Sep Oct Nov .Dec
Design 1 1 1 1 1 4 4 4 1 1 1 1
Monday 1 1 1 1 1 3 3 3 1 1 1 1
Tuesday 1 1 1 1 1 3 3 3 1 1 1 1
Wednesday 1 1 1 1 1 3 3 3 1 1 1 1
Thursday 1 1 1 1 1 3 3 3 1 1 1 1
Friday 1 1 1 1 1 3 3 3 1 1 1 1
Saturday 2 2 2 2 2 4 4 4 2 2 2 2
Sunday 2 2 2 2 2 4 4 4 2 2 2 2
Holiday 2 2 2 2 2 4 4 4 2 2 2 2
Evaporative Load (Fractional)
Assignments:
.Jan Feb Mar Apr May ..Jun Jul Aug Sep Oct Nov .Dec
Design 2 2 2 2 2 2 2 2 2 2 2 2
Monday 1 1 1 1 1 2 2 2 1 1 1 1
Tuesday 1 1 1 1 1 2 2 2 1 1 1 1
Wednesday 1 1 1 1 1 2 2 2 1 1 1 1
Thursday 1 1 1 1 1 2 2 2 1 1 1 1
Friday 1 1 1 1 1 2 2 2 1 1 1 1
Saturday 2 2 2 2 2 2 2 2 2 2 2 2
Sunday 2 2 2 2 2 2 2 2 2 2 2 2
Holiday 3 3 3 3 3 3 3 3 3 3 3 3
1. General Details:
Air System Name ............................................................................ Ventilation
Equipment Type ....................................................... Packaged Rooftop Units
Air System Type .......................................................... Tempering Ventilation
Number of zones ............................................................................................. 1
2. System Components:
Ventilation Air Data:
Airflow Control................................................... Constant Ventilation Airflow
Ventilation Sizing Method .............................................. ASHRAE Std 62-2001
Unocc. Damper Position ........................................................................ Closed
Damper Leak Rate ........................................................................................... 0 %
Outdoor Air C02 Level................................................................................ 400 ppm
Heating Coil Data:
Setpoint ....................................................................................................... 84.0 of
Heating Source ..................................................... Combustion - Natural Gas
Schedule .............................................................................. JFMAMJJASOND
Exhibit G-4
page 4 of7
Proprietary and Confidential
Item # 14
Attachment number 1
Page 59 of 78
Exhibit G-4
Pre- Retrofit Baseline Adjustments
Ventilation Fan Data:
Fan Type ................................................................................ Forward Curved
Configuration .................................................................................... Draw-thru
Fan Performance ........................................................................................ 1.00 in wg
Overall Efficiency ........................................................................................... 54 %
Schedule .................................................................................. Ventilation Fan
Average Zone Temperature ........................................................................ 80.0 of
Return Fan Data:
Fan Type ................................................................................ Forward Curved
Fan Performance ........................................................................................ 1.00 in wg
Overall Efficiency ........................................................................................... 54 %
3. Zone Components:
Space Assignments:
Izone 1: Zone 1
Natatorium
x1
4. Sizing Data (Computer-Generated):
System Sizing Data:
Ventilation Fan Airflow ..........................................................................60000.0 CFM
Hydronic Sizing Specifications:
Chilled Water Delta-T ................................................................................. 10.0 of
Hot Water Delta-T ....................................................................................... 20.0 of
Safety Factors:
Cooling Sensible .............................................................................................. 0 %
Cooling Latent .................................................................................................. 0 %
Heating ............................................................................................................ 0 %
Zone Sizing Data:
Zone Data is not available.
5. Equipment Data
No Equipment Data required for this system.
Ventilation Fan (Fan I Thermostat)
0= Occupied; U = Unoccupied
Assignments:
.Jan Feb Mar Apr May ..Jun Jul Aug Sep Oct Nov .Oec
Design 1 1 1 1 1 1 1 1 1 1 1 1
Monday 1 1 1 1 1 1 1 1 1 1 1 1
Tuesday 1 1 1 1 1 1 1 1 1 1 1 1
Wednesday 1 1 1 1 1 1 1 1 1 1 1 1
Thursday 1 1 1 1 1 1 1 1 1 1 1 1
Friday 1 1 1 1 1 1 1 1 1 1 1 1
Saturday 1 1 1 1 1 1 1 1 1 1 1 1
Sunday 1 1 1 1 1 1 1 1 1 1 1 1
Holiday 1 1 1 1 1 1 1 1 1 1 1 1
Exhibit G-4
page 5 of7
Proprietary and Confidential
Item # 14
Attachment number 1
Page 60 of 78
Exhibit G-4
Pre- Retrofit Baseline Adjustments
The energy simulation resulted in the following baseline adjustments for the facility. The June, July and August calculated natural
gas use for the system was eliminated to match existing pool heater input, showing minimum to no heating Input during this
period.
Table 1: Expected Ventilation System Energy Use
Natural Gas
Therms Fuel Non Fuel Cust Charge Tax Total
Jan 9,871 $10,759.77 $4,047.33 $30.00 $1,223.25 $16,060.35
Feb 7,364 $8,026.39 $3,019.16 $30.00 $913.13 $11,988.68
Mar 7,687 $8,379.03 $3,151.80 $30.00 $953.14 $12,513.97
Apr 4,305 $4,692.04 $1,764.93 $30.00 $534.82 $7,021.79
May 3,256 $3,549.17 $1,335.03 $30.00 $405.15 $5,319.36
Jun 0 $0.00 $0.00 $30.00 $2.47 $32.47
Jul 0 $0.00 $0.00 $30.00 $2.47 $32.47
Aug 0 $0.00 $0.00 $30.00 $2.47 $32.47
Sep 2,771 $3,020.64 $1,136.23 $30.00 $345.19 $4,532.06
Oct 3,660 $3,989.02 $1,500.49 $30.00 $455.06 $5,974.57
Nov 6,172 $6,727.83 $2,530.70 $30.00 $765.80 $10,054.33
Oec 9,328 $10,168.13 $3,824.78 $30.00 $1,156.13 $15,179.04
Totals 54,414 $59,312.03 $22,310.44 $360.00 $6,759.10 $88,741.57
The pool evaporative load profile generated the following expected pool heating requirements when maintaining
the space temperature at 840F.
Cust
Therms Fuel Non Fuel Charge Tax Total
Jan 1,824 $1,987.93 $747.77 $30.00 $228.02 $2,993.71
Feb 1,681 $1,831.83 $689.05 $30.00 $210.31 $2,761.18
Mar 1,865 $2,033.23 $764.81 $30.00 $233.16 $3,061.20
Apr 1,782 $1,942.13 $730.54 $30.00 $222.82 $2,925.49
May 1,857 $2,023.87 $761.29 $30.00 $232.10 $3,047.26
Jun 0 $0.00 $0.00 $30.00 $2.47 $32.47
Jul 0 $0.00 $0.00 $30.00 $2.47 $32.47
Aug 0 $0.00 $0.00 $30.00 $2.47 $32.47
Sep 1,740 $1,896.83 $713.50 $30.00 $217.68 $2,858.01
Oct 1,865 $2,033.23 $764.81 $30.00 $233.16 $3,061.20
Nov 1,699 $1,851.52 $696.46 $30.00 $212.54 $2,790.53
Oec 1,716 $1,870.73 $703.68 $30.00 $214.72 $2,819.13
Totals 16,029 $17,471.30 $6,571.89 $360.00 $2,011.94 $26,415.13
Table 2: Calculated Pool Energy Use
The total baseline adjustment against which savings will be calculated is the difference between the current pool
energy use (Exhibit G-3) and the calculated pool energy use (Table 2) added to the calculated ventilation system
energy use (Table I). The Baseline adjustment is summarized in the table below:
Exhibit G-4
page 6 of7
Proprietary and Confidential
Item # 14
Attachment number 1
Page 61 of 78
Exhibit G-4
Pre- Retrofit Baseline Adjustments
Table 2: Calculated Pre Retrofit Baseline Adjustment
Baseline Adjustment
Therms $
Jan 5,681 $6,961
Feb 4,246 $5,458
Mar 5,645 $8,007
Apr 2,932 $4,240
May 4,990 $8,163
Jun 0 $65
Jul 0 $65
Auq 0 $63
Sep 4,262 $7,012
Oet 3,623 $5,944
Nov 2,423 $4,000
Dee 6,761 $11,041
Total 40,563 $61,019
Exhibit G-4
page 7 of7
Proprietary and Confidential
Item # 14
Attachment number 1
Page 62 of 78
Exhibit G-5
Post-Retrofit Baseline Adjustments
A Pre Retrofit Baseline adjustment is required to account for the expected energy use of the pool
dehumidification system to be installed. An Energy simulation was performed utilizing Carrier's Hourly
Analysis Program Version 4.31. The following inputs were utilized to determine the expected energy use:
Natatorium
1. General Details:
Floor Area ....................................................... 24000.0 fF
Avg. Ceiling Height ............................................... 22.0 ft
Building Weight ..................................................... 70.0 Ib/fF
1.1. OA Ventilation Requirements:
Space Usage ......................................... User-Defined
OA Requirement 1 .................................................. 0.0 CFM/person
OA Requirement 2 ................................................ 0.32 CFM/fF
Space Usage Defaults ............. ASHRAE Std 62-2001
2. Intemals:
2.1. Overhead Lighting:
Same as Exhibit 8-4
2.2. Task Lighting:
Same as Exhibit 8-4
2.3. Electrical Equipment:
Same as Exhibit 8-4
2.4. People:
Same as Exhibit 8-4
2.5. Miscellaneous Loads:
Same as Exhibit 8-4
3. Walls, Windows, Doors:
Same as Exhibit 8-4
3.1. Construction Types for Exposure N
Same as Exhibit 8-4
3.2. Construction Types for Exposure E
Same as Exhibit 8-4
3.3. Construction Types for Exposure W
Same as Exhibit 8-4
3.4. Construction Types for Exposure S
Same as Exhibit 8-4
4. Roofs, Skylights:
Same as Exhibit 8-4
4.1. Construction Types for Exposure H
Same as Exhibit 8-4
5. Infiltration:
Same as Exhibit 8-4
6. Floors:
Same as Exhibit 8-4
7. Partitions:
Same as Exhibit 8-4
Roof Assembly
Same as in Exhibit 8-4
Exhibit G-5
page I of6
Proprietary and Confidkte'm # 14
Exhibit G-5
Post-Retrofit Baseline Adjustments
Default Wall Assembly
Same as in Exhibit G-4
Window Assembly
Same as in Exhibit G-4
Pool Occupancy (Fractional)
Same as in Exhibit G-4
Evaporative Load (Fractional)
Same as in Exhibit G-4
Pool Dehumidification Unit
1. General Details:
Air System Name ............................................................................ Ventilation
Equipment Type ........................................................ Packaged Vertical Units
Air System Type .................................................................... Single Zone CAV
Number of zones .............................................................................................. 1
2. System Components:
Ventilation Air Data:
Airflow Control.................................................... Constant Ventilation Airflow
Ventilation Sizing Method .................................... Sum of Space OA Airflows
Unocc. Damper Position ........................................................................ Closed
Damper Leak Rate ........................................................................................... 0 %
Outdoor Air C02 Level................................................................................. 400 ppm
Dehumidification Data:
Maximum RH Setpoint ................................................................................... 50 %
Central Cooling Data:
Supply Airflow Rate ............................................................................... 24000.0 CFM
Coil Bypass Factor ... .... ... .... .... ... .... .... ... .... .... .... ... .... ... .... .... ... .... .... ... .... .... 0.100
Cooling Source .................................................................... Water-Cooled DX
Schedule .............................................................................. JFMAMJJASOND
Capacity Control............................ Cycled or Staged Compressor - Fan On
Central Heating Data:
Supply Temperature ................................................................................... 95.0 of
Heating Source ..................................................... Combustion - Natural Gas
Schedule .............................................................................. JFMAMJJASOND
Capacity Control............................ Cycled or Staged Compressor - Fan On
Supply Fan Data:
Fan Type ................................................................................ Forward Curved
Configuration ..................................................................................... Draw-thru
Fan Performance ........................................................................................ 1.50 in wg
Overall Efficiency ........................................................................................... 54 %
Duct System Data:
Supply Duct Data:
Duct Heat Gain ................................................................................................ 0 %
Duct Leakage ................................................................................................... 0 %
Return Duct or Plenum Data:
Return Air Via ............................................................................ Ducted Return
Return Fan Data:
Fan Type ................................................................................ Forward Curved
Fan Performance ........................................................................................ 1.00 in wg
Overall Efficiency ........................................................................................... 54 %
3. Zone Components:
Space Assignments:
Izone 1: Zone 1
Natatorium
x1
Exhibit G-5
page 2 of6
Attachment number 1
Page 63 of 78
Proprietary and Confidkte'm # 14
Attachment number 1
Page 64 of 78
Exhibit G-5
Post-Retrofit Baseline Adjustments
Thermostats and Zone Data:
Zone ......................................................................................... ..................... All
Cooling T-stat: Occ. ....................................................................................84.0 of
Cooling T-stat: Unocc. ................................................................................ 84.0 of
Heating T-stat: Occ. .................................................................................... 84.0 of
Heating T-stat: Unocc. ................................................................................84.0 of
T-stat Throttling Range ............................................................................... 2.00 of
Diversity Factor ............................................................................................ 100 %
Direct Exhaust Airflow ................................................................................... 0.0 CFM
Direct Exhaust Fan kW .................................................................................0.0 kW
Thermostat Schedule .................................................... Thermostat Schedule
Unoccupied Cooling is ....................................................................... Available
Supply Terminals Data:
Zone .............................................................................................................. All
Terminal Type ...................................................................................... Diffuser
Minimum Airflow .......................................................................................... 0.00 CFM/person
Zone Heating Units:
Zone .............................................................................................................. All
Zone Heating Unit Type ............................................................................ None
Zone Unit Heat Source ..................................................... Electric Resistance
Zone Heating Unit Schedule ................................................ JFMAMJJASOND
4. Sizing Data (Computer-Generated):
System Sizing Data:
Cooling Supply Temperature ......................................................................61.9 of
Supply Fan Airflow ................................................................................ 24000.0 CFM
Ventilation Airflow ................................................................................... 7680.0 CFM
Heating Supply Temperature ......................................................................95.0 of
Safety Factors:
Cooling Sensible .............................................................................................. 0 %
Cooling Latent .................................................................................................. 0 %
Heating ............................................................................................................. 0 %
Zone Sizing Data:
Zone Airflow Sizing Method ................................. Sum of space airflow rates
Space Airflow Sizing Method ............................. Individual peak space loads
24000.0
5. Equipment Data
Central Cooling Unit - Water-Cooled DX
Estimated Maximum Load ...................................................................... 1902.0 MBH
Design EWT ................................................................................................ 85.0 of
Gross Cooling Capacity .......................................................................... 1600.0 MBH
Compressor Power ................................................................................. 125.00 kW
Central Heating Unit - Combustion
Estimated Maximum Load ........................................................................ 712.5 MBH
Heating Capacity ....................................................................................... 700.0 MBH
Average Efficiency ......................................................................................85.0 %
Misc. Electric ............................................................................................. 0.000 kW
Exhibit G-5
page 3 of6
Proprietary and Confidkte'm # 14
Attachment number 1
Page 65 of 78
Exhibit G-5
Post-Retrofit Baseline Adjustments
Thermostat Schedule (Fan I Thermostat)
4:Profile Four
0= Occupied; U = Unoccupied
As
signments:
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Design 1 1 1 1 1 1 1 1 1 1 1 1
Monday 2 2 2 2 2 2 2 2 2 2 2 2
Tuesday 2 2 2 2 2 2 2 2 2 2 2 2
Wednesday 2 2 2 2 2 2 2 2 2 2 2 2
Thursday 2 2 2 2 2 2 2 2 2 2 2 2
Friday 2 2 2 2 2 2 2 2 2 2 2 2
Saturday 3 3 3 3 3 3 3 3 3 3 3 3
Sunday 4 4 4 4 4 4 4 4 4 4 4 4
Holiday 4 4 4 4 4 4 4 4 4 4 4 4
The energy simulation generated an hourly profile of the heating load, refrigeration load, power
consumption of the pool dehumidification unit, lighting power consumption, pump power consumption,
supply fan power consumption, and return fan power consumption. A sample of the generated output is
provided below.
Central Central Central Central Central Central
Dry- Wet- Cooling Cooling Unit Heating Heating Heating
Bulb Bulb Coil Eqpt Clg Coil Eqpt Coil Supply
Temp Temp Load Load Input Load Load Input Fan
Month Day Hour (-F) (-F) (MBH) (MBH) (kW) (MBH) (MBH) (MBH) (kW)
----------
--------- ----- ------ ------- ------ ----------- ----------- ----------- ----------- - ----------- -----------
Jan 1 0 68 65,8 445,9 445,9 35,3 503,5 503,5 592,3 7,8
Jan 1 1 69,1 67,2 482,6 482,6 38,8 509,6 509,6 599,5 7,8
Jan 1 2 68 66,1 451.4 451 .4 35,9 530,8 530,8 624.4 7,8
Jan 1 3 68 64,9 418,7 418,7 32,8 532,5 532,5 626.4 7,8
Jan 1 4 64,9 62,5 0 0 0 185,9 185,9 218,7 7,8
Jan 1 5 64 61 0 0 0 203,6 203,6 239,5 7,8
Jan 1 6 63 60,6 0 0 0 0 0 0 7,8
Table 1 - Energy Simulation Output
Exhibit G-5
page 4 of6
Proprietary and Confidkte'm # 14
Attachment number 1
Page 66 of 78
Exhibit G-5
Post-Retrofit Baseline Adjustments
Table 1 (cant.) - Energy Simulation Output
Dry- Wet-
Bulb Bulb Return Electric
Temp Temp Fan Pump Lighting kW
Month Dav Hour (-F) (-F) (kW) (kW) (kW)
-----
--------- ----- -------- -------- --------
-- - --- --- --- ----------- ----------- -----------
Jan 1 0 68 65.8 5.2 1.9 0 50.2
Jan 1 1 69.1 67.2 5.2 1.9 0 53.7
Jan 1 2 68 66.1 5.2 1.9 0 50.8
Jan 1 3 68 64.9 5.2 1.9 0 47.7
Jan 1 4 64.9 62.5 5.2 0 0 13
Jan 1 5 64 61 5.2 0 0 13
Jan 1 6 63 60.6 5.2 0 45.4 58.4
The last column in the table is the sum of the compressor, supply fan return fan and pump power
consumption. This is the added electrical consumption that will result from the operation of the pool
dehumidification unit. Utilizing this calculated sum for each hour in the year, the current electric rate
structure is applied resulting in the table below:
Table 2 - Energy Simulation Cost
On Off
Peak Off Peak Peak Peak Total
kWh kWh kW kW kWh
Jan 6,680 25,108 91 122 31,789
Feb 7,152 24,045 96 120 31,197
Mar 6,636 33,193 92 144 39,829
Apr 16,781 31,091 124 145 47,872
May 19,029 43,966 138 146 62,995
Jun 24,999 49,705 146 146 74,704
Jul 26,518 52,865 146 146 79,382
Auq 25,507 54,975 147 146 80,482
Sep 20,411 45,105 137 145 65,516
Oct 19,811 38,975 136 145 58,785
Nov 7,251 31 ,295 106 128 38,546
Dee 6,394 25,432 84 109 31 ,826
187,168 455,755 120 137 642,922
Exhibit G-5
page 5 of6
Proprietary and Confidkte"m # 14
Attachment number 1
Page 67 of 78
Exhibit G-5
Post-Retrofit Baseline Adjustments
Table 2 (cant.) - Enerqy Simulation Cost
On Peak Off Peak On peak Off Peak Customer Total
kWh kWh Demand Demand Tax Charge Charge
$ $ $ $ $ $ $
Jan $833.65 $1,524.27 $234.38 $103.79 $69.13 $17.42 $2,782.64
Feb $892.50 $1,459.69 $245.95 $102.09 $69.24 $17.42 $2,786.88
Mar $828.12 $2,015.06 $237.21 $122.49 $82.12 $17.42 $3,302.42
Apr $2,094.07 $1,887.47 $317.91 $123.17 $113.40 $17.42 $4,553.43
May $2,374.64 $2,669.07 $355.17 $124.02 $141.61 $17.42 $5,681.93
Jun $3,119.58 $3,017 .48 $375.48 $124.10 $170.17 $17.42 $6,824.23
Jul $3,309.11 $3,209.28 $375.22 $124.36 $179.95 $17.42 $7,215.34
Aug $3,182.97 $3,337.43 $376.51 $124.27 $180.03 $17.42 $7,218.63
Sep $2,547.06 $2,738.23 $353.12 $123.59 $147.74 $17.42 $5,927.16
Oct $2,4 72.16 $2,366.07 $348.24 $123.42 $136.15 $17.42 $5,463.46
Nov $904.88 $1,899.82 $272.68 $108.89 $81 .70 $17.42 $3,285.38
Dee $797.86 $1,543.92 $215.37 $92.99 $67.95 $17.42 $2,735.51
$23,356.58 $27,667.82 $3,707.23 $1,397.15 $1,439.20 $209.04 $57,777.01
The values calculated above are used as a post retrofit baseline adjustment to the electrical consumption at
the facility. This is the expected electrical operating cost of the dehumidification unit.
Exhibit G-5
page 6 of6
Proprietary and Confidkte"m # 14
Attachment number 1
Page 68 of 78
Exhibit G-6
Pool Dehumidification Cost Avoidance Calculations
The Savings calculation for this ECM utilizes the same energy simulation model utilized in Exhibit G-5
(Known Post retrofit baseline adjustments). In addition to the power consumption data generated, the pool
heating load is input into an additional column. The heat recovery energy available is the sum of the
central cooling load and the central unit power input (converted to heating units). A check is done to see if
the heat available is enough to supply the space heating load calculated by the simulation and the pool
heating load. If there is not enough heat to supply these loads the load will be served by auxiliary heaters.
The pool unit will have a natural gas heating section to supply heat to the space and the existing pool
heaters will be utilized as an auxiliary heating source for the pool.
The energy simulation generated an hourly profile of the heating load, refrigeration load, power
consumption of the pool dehumidification unit, lighting power consumption, pump power consumption,
supply fan power consumption, and return fan power consumption.
Central Central
Dry- Wet- Central Cooling Central Central Heating Central
Bulb Bulb Cooling Eqpt UnitClg Heating Eqpt Heating Supply
Temp Temp Coil Load Load Input Coil Load Load Coil Input Fan
Month Day Hour (-F) (-F) (MBH) (MBH) (kW) (MBH) (MBH) (MBH) (kW)
---------
--------- ----- ------ ------- ------ ----------- ----------- ----------- ----------- ----------- ----------- --
Jan 1 0 68 65.8 445.9 445.9 35.3 503.5 503.5 592.3 7.8
Jan 1 1 69.1 67.2 482.6 482.6 38.8 509.6 509.6 599.5 7.8
Jan 1 2 68 66.1 451.4 451.4 35.9 530.8 530.8 624.4 7.8
Jan 1 3 68 64.9 418.7 418.7 32.8 532.5 532.5 626.4 7.8
Jan 1 4 64.9 62.5 0 0 0 185.9 185.9 218.7 7.8
Jan 1 5 64 61 0 0 0 203.6 203.6 239.5 7.8
Jan 1 6 63 60.6 0 0 0 0 0 0 7.8
Table 1 - Dehumidification Unit Hourly Simulation Sample Result
Table 1 (cant.) - Dehumidification Unit Hourly Simulation Sample Result
Dry- Wet-
Bulb Bulb Return Electric Pool Pool Condenser
Temp Temp Fan Pump Lighting Loss Heat Heat Aux Heat
onth Day Hour (-F) (-F) (kW) (kW) (kW) (MBH) (therms) (MBH) (Therms)
--------- ---------
------- -- ---- ---- --- -- -- ----------- --- -------- ----- -----------
Jan 1 0 68 65.8 5.2 1.9 0 30.1 0.38 566 0.0
Jan 1 1 69.1 67.2 5.2 1.9 0 30.1 0.38 615 0.0
Jan 1 2 68 66.1 5.2 1.9 0 30.1 0.38 574 0.0
Jan 1 3 68 64.9 5.2 1.9 0 30.1 0.38 531 0.4
Jan 1 4 64.9 62.5 5.2 0 0 30.1 0.38 0 2.7
Jan 1 5 64 61 5.2 0 0 30.1 0.38 0 2.9
Jan 1 6 63 60.6 5.2 0 45.4 30.1 0.38 0 0.4
30.1 0.38 0 2.2
The last column in the table is the amount of auxiliary heat that the system will require. The total natural
savings is then the existing pool heating use during the baseline period plus the pre retrofit baseline
adjustment for the inoperable ventilation system minus the calculated auxiliary heating required.
Calculated Auxiliary Natural Gas Requirement
Cust
Therms Fuel Non Fuel CharQe Tax Total
Jan 2180.4 $2,376.68 $894.00 $30.00 $272.13 $3,572.81
Table 2(cont.) - Simulation Auxiliary Gas Requirement Results
Exhibit G-6
page I of2
Proprietary and Confidkte"m # 14
Exhibit G-6
Pool Dehumidification Cost Avoidance Calculations
Feb 1608.6 $1,753.43 $659.56 $30.00 $201.41 $2,644.40
Mar 1268.6 $1,382.80 $520.15 $30.00 $159.36 $2,092.32
Apr 295.5 $322.09 $121.16 $30.00 $39.02 $512.26
May 25.0 $27.27 $10.26 $30.00 $5.57 $73.10
Jun 0.0 $0.00 $0.00 $30.00 $2.47 $32.47
Jul 0.0 $0.00 $0.00 $30.00 $2.47 $32.47
Aug 0.0 $0.00 $0.00 $30.00 $2.47 $32.47
Sep 3.3 $3.55 $1.34 $30.00 $2.88 $37.76
Oct 126.9 $138.27 $52.01 $30.00 $18.16 $238.45
Nov 1008.4 $1,099.17 $413.46 $30.00 $127.18 $1,669.82
Dec 2154.8 $2,348.73 $883.48 $30.00 $268.96 $3,531.17
8671.5 $9,452.01 $3,555.41 $360.00 $1,102.09 $14,469.50
Savings Calculation
Baseline Adjustment Exhibit G-4 Table 2 $ 61,019
Current Pool Heating Exhibit G-1 $ 54,138
Total Adjusted Cost $ 115,157
Calculated Spend Exhibit G-6 Table 2 $ 14,470
Adjusted Savin~s $ 100,687
Guaranteed Savings 90% $ 90,618
Attachment number 1
Page 69 of 78
Exhibit G-6
page 2 of2
Proprietary and Confidkte"m # 14
Attachment number 1
Page 70 of 78
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATIONS
COOLING EQUIPMENT UPGRADE
Honeywell
Job Name: City Of Clearwater
Buildina: Long Center
OVERVIEW:
The existing 18 ton, packaged DX units located at the Long Center, which serve the Gymnasium and Weight
Room of the building is aging and less efficient than newer equipment currently available. It will all be replaced
with a new a/c system of the same type as the existing unit with a minimum of a 11 EER. This calculation
assumes an average cooling load over the period that the equipment is in operation. It also assumes that the
savings will be based upon the current building loads, including ventilation.
UTILITY SAVINGS CALCULATIONS:
Load Factor =1 0.57
Demand Savings =1 24.13 KW
Cooling Savings =1 46,332 KWH/yr
Cost Savings =1 $4,550 Iyr
Guaranteed Savings @90% =1 $4,095 Iyr
ASSUMPTIONS:
Present cooling energy usage........................................
Electrical demand period................................................
Existing cooling equipment EER rating...........................
New cooling equipment EER rating................................
Cooling equipment rated capacity..................................
Weekly cooling system operation...................................
Cooling season length....................................................
Avoided cost of electricity...............................................
Avoided cost of demand.................................................
Cooling conversion factor...............................................
Number of units................................................ ...
I
30,888 KWH/yr
10 months
7.7 MBTU/KWH
11.0 MBTU/KWH
18 tons
60 hrs/wk
32 wk/yr
$0.080 IKWH
$3.51 IKW
12 MBTU/ton-hr
5
SYMBOL:
A
B
C
D
E
F
G
H
I
Exhibit G-7
Page 1 of 5
Item # 14
PROPRIETARY AND CONFIDENTIAL
EXHIBIT G-8
ROOF TOP UNIT COST AVOIDANCE CALCULATION
COOLING EQUIPMENT UPGRADE
Attachment number 1
Page 71 of 78
Honeywell
Job Name: City Of Clearwater
Buildina: Long Center
OVERVIEW:
The existing 15 ton, packaged DX unit located at the Long Center, which serves the Womens Locker Room is
aging and less efficient than newer equipment currently available. It will all be replaced with a new a/c system of
the same type as the existing unit with a minimum of a 11 EER. This calculation assumes an average cooling
load over the period that the equipment is in operation. It also assumes that the savings will be based upon the
current building loads, including ventilation.
UTILITY SAVINGS CALCULATIONS:
Load Factor =1 0.57
Demand Savings =1 4.02 KW
Cooling Savings =1 7,722 KWH/yr
Cost Savings =1 $758 Iyr
Guaranteed Savings @90% =1 $682 Iyr
ASSUMPTIONS:
Present cooling energy usage........................................
Electrical demand period................................................
Existing cooling equipment EER rating...........................
New cooling equipment EER rating................................
Cooling equipment rated capacity..................................
Weekly cooling system operation...................................
Cooling season length....................................................
Avoided cost of electricity...............................................
Avoided cost of demand.................................................
Cooling conversion factor...............................................
Number of units................................................ ...
I
25,740 KWH/yr
10 months
7.7 MBTU/KWH
11.0 MBTU/KWH
15 tons
60 hrs/wk
32 wk/yr
$0.080 IKWH
$3.51 IKW
12 MBTU/ton-hr
1
SYMBOL:
A
B
C
D
E
F
G
H
I
Exhibit G-7
Page 2 of 5
Item # 14
PROPRIETARY AND CONFIDENTIAL
Attachment number 1
Page 72 of 78
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATIONS
COOLING EQUIPMENT UPGRADE
Honeywell
Job Name: City Of Clearwater
Buildina: Long Center
OVERVIEW:
The existing 5 ton, packaged DX unit located iat the Long Center, which serves the office area is aging and less
efficient than newer equipment currently available. It will all be replaced with a new a/c system of the same type
as the existing unit with a minimum of a 11 EER. This calculation assumes an average cooling load over the
period that the equipment is in operation. It also assumes that the savings will be based upon the current
building loads, including ventilation.
UTILITY SAVINGS CALCULATIONS:
Load Factor =1 0.57
Demand Savings =1 1.34 KW
Cooling Savings =1 2,574 KWH/yr
Cost Savings =1 $253 Iyr
Guaranteed Savings @90% =1 $227 Iyr
ASSUMPTIONS:
Present cooling energy usage........................................
Electrical demand period................................................
Existing cooling equipment EER rating...........................
New cooling equipment EER rating................................
Cooling equipment rated capacity..................................
Weekly cooling system operation...................................
Cooling season length....................................................
Avoided cost of electricity...............................................
Avoided cost of demand.................................................
Cooling conversion factor...............................................
Number of units................................................ ...
I
8,580 KWH/yr
10 months
7.7 MBTU/KWH
11.0 MBTU/KWH
5 tons
60 hrs/wk
32 wk/yr
$0.080 IKWH
$3.51 IKW
12 MBTU/ton-hr
1
SYMBOL:
A
B
C
D
E
F
G
H
I
Exhibit G-7
Page 3 of 5
Item # 14
PROPRIETARY AND CONFIDENTIAL
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATION
COOLING EQUIPMENT UPGRADE
Attachment number 1
Page 73 of 78
Honeywell
Job Name: City Of Clearwater
Buildina: Long Center
OVERVIEW:
The existing 4 ton, packaged DX unit located at the Long Center, which serves the hallway is aging and less
efficient than newer equipment currently available. It will all be replaced with a new a/c system of the same type
as the existing unit with a minimum of a 11 EER. This calculation assumes an average cooling load over the
period that the equipment is in operation. It also assumes that the savings will be based upon the current
building loads, including ventilation.
Load Factor = I
Demand Savings = I
Cooling Savings = I
ASSUMPTIONS:
Present cooling energy usage........................................
Electrical demand period................................................
Existing cooling equipment EER rating...........................
New cooling equipment EER rating................................
Cooling equipment rated capacity..................................
Weekly cooling system operation...................................
Cooling season length....................................................
Avoided cost of electricity...............................................
Avoided cost of demand.................................................
Cooling conversion factor...............................................
Number of units................................................ ...
I
6,864 KWH/yr
10 months
7.7 MBTU/KWH
11.0 MBTU/KWH
4 tons
60 hrs/wk
32 wk/yr
$0.080 IKWH
$3.51 IKW
12 MBTU/ton-hr
1
UTILITY SAVINGS CALCULATIONS:
Exhibit G-7
Page 4 of 5
SYMBOL:
A
B
C
D
E
F
G
H
I
0.57
1.07 KW
2,059 KWH/yr
Item # 14
PROPRIETARY AND CONFIDENTIAL
Attachment number 1
Page 74 of 78
EXHIBIT G-7
ROOF TOP UNIT COST AVOIDANCE CALCULATION
A
= = J
(EX~XFXGJ
(load J [1 1]
Demand Savings = x tons x 12 x -
factor exist EER newEER
~J XEXI2X[> ~]~K
Cooling
Savings
(demand
- sav ings
J (oper.
x period
J
KxFxG L
. (energy] (elect.] (demand] (demand]
Cost Savmgs = . x +. x x months
savmgs cas t savmgs cas t
=HxL+KxBxl
Item # 14
Exhibit G-7
Page 5 of 5
PROPRIETARY AND CONFIDENTIAL
iij"tl
"0 ~ s:
I-Jl""
.s::
~ g>
:;:::
iij III
+'" ')(
{:.w
iij~
....
o ....
I- ~
ll..
Gl
...
ll..
I9~
o
I-
iij ~
.... ::l
o 0
I-J:
III
....
'0
>
Ui
l: .!2 c..
o ro E
a .c ~
'i: <J.) <J.)
() :"Q:"Q
III ro ro
~ J:J:
"tl
Gl
III
o
0..
o
...
ll..
l:
o
+:i co
0.. "Q)
'5 2
III
Gl
C
Cl
l:
:;:::
III
')(
W
"tl
Gl
III
os:
g-""
...
ll..
Cl
l:
~~
')(
w
"tl
Gl
III >.
o ....
g-o
...
ll..
Cl
:S >.
III a
')(
w
"tl
~ Gl
o"tl
0..0
oU
...
ll..
Cl
l: Gl
:.;::i"'C
III 0
')( U
W
l:
~
l!)
Ol
~
<D
l!)
~
Ol
o
~
~
o
Cl
N
C')
Ol
Cl
C')
"'"
I'-
N
<D_
C')
I'-
I'-
N
"tl
l:
Cll
o(l
ro
co
0...
Z
roro
"Q)"Q)
22
roro
s: s:
00
l!)l!)
1'-1'-
~ ~
Z l:
t5
Q)
W
1:"E
>,gJ
Cll OJ
co Q)
..c .:
.Ql s:
J: (f)
"'"00
;:'1-
s:~
~~
ro c..
s: E
0.!2
o Q)
~:"Q
~ro
0J:
ro
"Q)
2
co E
S:.!2
8~
"'" .-
~ro
0J:
o
o
~
N
c:i
o
N
o
CCl
o
o
o
<Xl
Cl
~
N
"'"
N
"'"
~
o
l!)
I'-
2
o
o
o
~
2
o
o
0...
N
N
~
I'-
I'-
'"
;r;
M
M
N
N
'<I:
Ol
......
N
<Xl
Ol
~
o
....
o
'<I:
I'-
~
o
'"
I'-
C')
"'"-
"'"
N
N
o
..;
I'-
I'-
N
o
<Xl
l!)
"'"
c:i
o
"'"
N
co
o
"'"
N
co
(9
s
co
J:
"'"
<Xl
"'"
~
o
o
"'"
2
E
>,
(9
EXHIBIT G-9
DOMESTIC HOT WATER HEAT RECOVERY COST AVOIDANCE CALCULATIONS
Attachment number 1
Page 76 of 78
Fixtures No.
4" and 8" Center Sets 12
Low flow Shower Heads 16
Total
Total Therms
Total Cost
18 Ton Heat Recovery Heat Availability
DHW Heating Coincidence Factor
DHW Heating Heat Recovery
Total Savings
Total Guaranteed Savings
EXHIBIT G-9
Use Rate
1.50 gprn
2.50 gprn
Frequency
30Mins/Day
30Mins/Day
5,983 therrns
20%
1,197 therrns
$ 1,795.00
$ 1,615.50
1 of1
Days
260
260
Yearly Use
140 kgals
312 kgals
452 kgals
HW Use
28 kgals
156 kgals
184 kgals
1,438
$2,156
Proprietary a~~t#f~aJ
Attachment number 1
Page 77 of 78
ATTACHMENT J
PROJECT ACCEPTANCE
Proiect Final Acceptance Procedure:
As portions of the Project near completion, the Honeywell Project Manager will start the Project Close-Out Process.
The Honeywell Project Manager shall use the Scope-of-Work (SOW) listed in Attachment A as the basis for the
Close-Out Process and shall demonstrate to the Owner's Representative that each separate item of the SOW is
substantially complete. The sign off process will be by portion of the Scope of Work or by individual Energy
Conservation Measure (ECM). After each portion of the Scope of Work has been demonstrated and a "Punch List"
detailing minor deficiencies, if any, is generated, the Owner's Representative shall execute the Delivery and
Acceptance Certificate to acknowledge substantial completion and Honeywell will complete the "Punch List"
within two weeks. Execution of this Delivery and Acceptance Certificate signifies the start of the warranty provided
in the Agreement for this portion of the Work.
Schedule of Acceptance: The acceptance process will follow the following schedule:
All ECMs by:
OR
SchooIlBuilding/Facility by:
SchooIlBuilding/Facility by:
OR
ECM#
ECM Name
Acceptance Date
Support Services: Honeywell will start the support services of the Facility in accordance with the Service
Agreement per Attachment D when the Final Delivery and Acceptance Certificate is signed.
Attachment J (Rev. 09/06)
Item tf 14
Page 10f2
Attachment number 1
Page 78 of 78
Honeywell
FINAL DELIVERY AND ACCEPTANCE CERTIFICATE
Project Name
Agreement Effective Date:
Scope-of-Work (SOW) Item/Energy Conservation Measure (ECM):
To: Honeywell International Inc.
Reference is made to the above listed Agreement between the undersigned and Honeywell International Inc. and to
the Scope of Work as defined in Attachment A herein. In connection therewith, we confirm to you the following:
1. The Scope of Work (SOW) Item/ Energy Conservation Measure (ECM) referenced above and
also listed in Attachment A of the Agreement has been demonstrated to the satisfaction of the
Owner's Representative as being substantially complete
2. All of the Work has been delivered to and received by the undersigned and that said Work has
been examined and lor tested and is in good operating order and condition and is in all respects
satisfactory to the undersigned and as represented, and that said Work has been accepted by the
undersigned and complies with all terms of the Agreement. Consequently, you are hereby
authorized to invoice for the Final Payment, as defined in Attachment E, The Payment Schedule.
Owner Name:
By:
(Authorized Signature)
(Printed Name and Title)
(Date)
Attachment J (Rev. 09/06)
Item tf 14
Page 2 of2
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve one (1.0) additional temporary FTE Police Aide position in the amount of approximately $21,000 to assist with traffic related
issues at the temporary Beach Walk parking lots along Coronado Drive and authorize appropriate officials to execute same. (consent)
SUMMARY:
. The Beach Walk project had an allowance of $80,000 to fund additional Police Department staffing to provide the necessary
traffic control during the construction of Beach Walk. This project is complete and remaining funds will be returned to the
General Fund at first quarter.
. Since March 2007 the City has entered into two (2) agreements to lease temporary parking on south beach.
. The lease for the Patel property on Coronado Drive and 1st Street is being expanded from 103 spaces to 204 total spaces.
. The Police Department provides police aides at the temporary parking lots in order to assist with ingress and egress of the
vehicles.
. There are currently 4.7 FTE Police Aides funded by the Parking Fund that provide traffic control at the entrance to the Pier 60,
So. Gulfview & Courtney Campbell Causeway parking lots.
. First quarter budget amendments will provide funding for the position from the Parking Fund reserves, and future funding will
be included in future proposed budgets as necessary.
Review
Approval:
1) Human Resources 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
Item # 15
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve amendments to the Clearwater Comprehensive Plan to update the Capital Improvements Element, making corrections and
modifications pursuant to the updated schedule of the City's Capital Improvement Program Budget adopted on September IS, 200S, and
updating the reference to the School District's Five-Year Work Program as adopted by the School Board on September 9, 200S.
SUMMARY:
As per Florida State Statutes, an annual amendment is required to the Clearwater Comprehensive Plan to update the Capital
Improvements Element (CIE) related to the City's current Capital Improvement Program Budget and to update the dates of the School
District's Five-Year Work Program.
The fundamental purpose of a Capital Improvements Element (CIE) is to ensure that the community is able to fund the public facilities
supported in the Comprehensive Plan Elements in alignment with the community's (minimum five-year) schedule of the Capital
Improvement Program (CIP) budget.
The amendment package includes: (1) Corrections and modifications to the CIE pursuant to the updated schedule of the City's CIP
Budget adopted on September IS, 200S, and (2) The required update to the CIE regarding the reference to the School District's Five-
Year Work Program of FY200S/09 through 2012/13 as adopted by the School Board on September 9, 200S.
The following summarizes the corrections and modifications that are being made to the CIE (with Comprehensive Plan page numbers
included):
Capital Improvements Summary (page 1-1): Deleted previous eight examples of CIP projects from FY1999/00 budget and updated with
examples of five CIP projects for FY200S/09 through FY2013/14 (six-year CIP program as adopted by Ordinance S006-0S on
September IS, 200S).
Policy 32.1.2 (page 1-2), modified to add the City's six-year Capital Improvement Program (CIP) schedule to the element as "Schedule
I-A".
Policy 32.7.6 (page 1-10), relative to the updated School District's Five-Year Work Program, is updated to "FY 200S/09 through
FY2012/13", as approved by the School Board on "September 9, 200S".
The Community Development Board reviewed proposed Ordinance S016-0S on October 21, 200S and recommended approval at first
reading of the ordinance by the City Council on November 6, 200S. Second reading of the ordinance is scheduled for November IS,
200S to meet the December 1, 200S state deadline. The statutory requirements call for each local government to adopt amendments to
its comprehensive plan, making corrections and modifications pursuant to the updated schedule of the annual adoption to the (minimum
five-year) capital improvement program budget by December 1st of each year. This amendment is exempt from the twice a year
limitation for large-scale amendments.
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 3
CDB Meeting Date:
Case #:
Ordinance #:
Agenda Item:
October 21, 2008
CP A2008-09003
8016-08
F-2
CITY OF CLEARWATER
PLANNING DEPARTMENT STAFF REPORT
COMPREHENSIVE PLAN AMENDMENTS
REQUEST:
Cleanvater Comprehensive Plan Text Amendments
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
This item involves an amendment to the Clearwater Comprehensive Plan to update the
Capital Improvements Element related to the City's current FY08/09 Capital
Improvement Program Budget pursuant to Florida Statutes Section 163.3177(3)(b) 1.,
and Flori da Admini strati ve Code secti on 9 J - 5.011.
The fundamental purpose of a Capital Improvements Element is to ensure that the
community is able to fund the public facilities supported in the Comprehensive Plan
Elements in alignment with the community's (minimum five-year) schedule of the
Capital Improvement Program (CIP) budget. The statutory requirements call for each
local government to adopt amendments to its Comprehensive Plan which make
corrections and modifications pursuant to the annual update to the Capital Improvement
Program budget. These amendments are due by December 1 and are exempt from the
twice a year limitation for large-scale amendments and require only one public hearing
prior to transmitting it to the State Department of Community Affairs.
As required by Florida Statutes 163.3177(2), this amendment package also includes the
annual update to the Capital Improvements Element regarding the reference in Policy
32.7.6 to the School District's Five-Year Work Program of FY2008/09 through 2012/13
as adopted by the School Board on September 9,2008.
ANALYSIS:
Three amendments are proposed to the text of the Clearwater Comprehensive Plan in
Ordinance No. 8016-08 as follows:
Amendments - CAPITAL IMPROVEMENTS ELEMENT: (pages are gIven from
Comprehensive Plan):
The following are corrections and modifications that are being made:
Page - 1
CP A2008-0300il # 16
Attachment number 1
Page 2 of 3
. Capital Improvements Summary (page 1-1): Deleted previous eight examples of
CIP projects from FY1999100 budget and updated with examples of five CIP
projects for FY2008/09 through FY2013114 (six-year CIP program as adopted by
Ordinance No. 8006-08 on September 18, 2008).
. Policy 32.1.2 (page 1-2), modified to add the City's six-year Capital Improvement
Program (CIP) schedule to the element as "Schedule I-A".
. Policy 32.7.6 (page 1-10), relative to the updated School District's Five-Year
Work Program, is updated to "FY 2008/09 through FY 2012113", as approved by
the School Board on "September 9,2008".
STANDARDS FOR REVIEW
Pursuant to Community Development Code Section 4-603(F) no amendment to the
Clearwater Comprehensive Plan shall be approved unless it complies with the following
standards:
1. The amendments will further implementation of the comprehensive plan
consistent with the goals, policies and obiectives contained in the plan.
The proposed amendments to the Capital Improvements Element of the Clearwater
Comprehensive Plan are consistent with and will further the implementation of the
goals, objectives, and policies contained in the Comprehensive Plan elements
associated with updated public facilities capital projects pursuant to the FY2008/09
through FY2013114 Capital Improvement Program Budget.
2. The amendments are not inconsistent with other provisions of the comprehensive
plan.
The proposed amendments are consistent with the provisions of the Comprehensive
Plan. It updates the City's CIP six-year projects that are supported in other elements
of the Comprehensive Plan.
3. The available uses, if applicable, to which the property may be put are appropriate
to the property in questions and compatible with existing and planned uses in the
area.
The proposed amendments are text amendments that are not directly related to a
specific property.
4. Sufficient public facilities are available to serve the property.
The proposed amendments are text amendments that are not directly related to a
specific property.
Page - 2
CP A2008-0300il # 16
Attachment number 1
Page 3 of 3
5. The amendments will not adversely affect the natural environment.
The proposed amendments seek to provide consistent and coordinated efforts
pursuant to the City's CIP proj ects as identified within all the elements of the City's
Comprehensive Plan. No projects adversely affect the natural environment, while
some projects positively affect it. The latter includes CIP Project #96170 - Coastal
Basin Projects and CIP Project #96739 - Reclaimed Water Distribution System.
6. The amendments will not adversely impact the use of property in the immediate
area.
The proposed amendments are text amendments that are not directly related to a
specific property.
SUMMARY AND RECOMMENDATION:
The proposed text amendments meet state statutes and rules by making corrections and
modifications in the Clearwater Comprehensive Plan Capital Improvements Element.
These amendments are made pursuant to the City of Clearwater's FY2008/09 through
FY2013114 Capital Improvement Program Budget (adopted on September 18, 2008) and
the Pinellas County School District's Five-Year Work Program FY2008/09 through
2012113 (adopted by the School Board on September 9,2008).
The Planning Department recommends APPROVAL of Ordinance No. 8016-08 that
amends the Clearwater Comprehensive Plan.
Prepared by Planning Department Staff:
Sandra E. Herman
Planner III
A TT ACHMENT:
Ordinance No. 8016-08
Page - 3
CP A2008-0300il # 16
Attachment number 2
Page 1 of 2
ORDINANCE NO. 8016-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMPREHENSIVE PLAN OF THE CITY AS
ADOPTED ON MAY 18, 2000, AS SUBSEQUENTLY AMENDED,
AMENDING THE CAPITAL IMPROVEMENTS ELEMENT,
MAKING CORRECTIONS AND MODIFICATIONS PURSUANT
TO THE UPDATED SCHEDULE OF THE CITY OF
CLEARWATER'S FY2008/09 THROUGH FY2013/14 CAPITAL
IMPROVEMENT PROGRAM BUDGET ADOPTED ON
SEPTEMBER 18, 2008, AND UPDATING THE REFERENCE IN
POLICY 32.7.6 TO THE SCHOOL DISTRICT'S FIVE-YEAR
WORK PROGRAM FOR FY2008/09 THROUGH 2012/13 AS
ADOPTED BY THE SCHOOL BOARD ON SEPTEMBER 9, 2008;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the City
of Clearwater to plan for the future development and growth of the City, and to adopt and
periodically amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000
by Ordinance Number 6522-00, subsequently amended; and
WHEREAS, certain amendments are statutorily required, and others are advisable
in order to harmonize the Comprehensive Plan with state law and good planning practice;
and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
WHEREAS, per provisions of Florida Statutes Chapter 163, it is necessary to
annually adopt an ordinance amending and updating the Capital Improvements Element of
the Comprehensive Plan to maintain a financially feasible minimum 5-year schedule of
capital improvements consistent with the plan; and
Ordinance No.lta113#l8l6
Attachment number 2
Page 2 of 2
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments to the text of the Clearwater Comprehensive Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. Severability. If any section, provision, clause, phrase, or application
of this Ordinance shall be declared unconstitutional or invalid for any reason by a court
of competent jurisdiction, the remaining provisions shall be deemed severable
therefrom and shall remain in full force and effect.
Section 3. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.3177,
163.3178, 163.3184, 163.3187 or 163.3189, 163.3191, F.S., as amended.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor-Councilmember
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No.lta113#l8l6
Attachment number 3
Page 1 of 51
ORDINANCE 8016-08
EXHIBIT A
AMENDMENT 1- CAPITAL IMPROVEMENTS ELEMENT SUMMARY
Amendfollowing Capital Improvements Summary of the Plan on Page 1-1 asfollows:
Capital Improvements Summary:
The following are examples of current capital improvement proj ects and funding sources
proposed for public facilities supported in the Comprehensive Plan Elements and as
specified in the City's six-year schedule of the Capital Improvement Program (CIP)
budget adopted on September 18, 2008: summarizes Capital Improvements Element
. The $1.25 million Druid Road Improvements project is planned in 2008/09 for the
completion of the Druid Road Trail section of the Pinellas Trail from Glen Oaks Park to
the Memorial Causeway Bridge. Improvements include landscaping, sidewalks and
bike paths. Funding is Penny for Pinellas.
. The City's Streets and Sidewalks Program is currently budgeted for $15.472 million on
the six-year CIP schedule with a funding source of road millage.
. The City proposes a total of $48.44 million of improvements within the City's
Stormwater Infrastructure Program over the six-year CIP period. The funding sources
for this project are the Stormwater Fund and a future bond issue.
. The $1.552 million Commercial Container Acquisition CIP project is planned through
Solid Waste funds.
. The $21.066 million Reclaimed Water Distribution System CIP project is being funded
through: $863,400 from FY '09 Bond Issue, $13.841 million from future bond issue,
$4.833 from Sewer Revenue, and $1.529 million from Utility Renewal and
Replacement.
. Transportation ,I Maj or Street Maintenance proj ects total $21.1 million over the next six
years and include funding for the traffic calming program, street maintenance and
resurfacing, beach streetscape, S.R 60 beautification and North Greem'{ood corridor
enhancements.
. The outdated Memorial Causeway Bridge will be replaced with a new $10 million
architecturally unique bridge that will include pedestrian facilities and serve as a Pinellas
Trail spur to the beach in 2001.
. Park Development '.'{ill total $17 million over the ne-xt six years and include
impro'/ements to Ruth Eckerd Hall, the Long Center, North Greem'{ood Recreation
Complex, Ross Norton Complex and development of the Harbor Bluff'Naterfront Park.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 2 of 51
. The construction of a $10.8 million high tech, state of the art, signature ne'." Main
Library will be constructed in 2002 in downtown.
. The $2.8 million Memorial Cause'Nay Civic Center is scheduled for construction in
2001 and will provide community meeting space. Library space, police substation,
visitor information center and the Jolly Trolley station.
. The TO'Hn Pond, dO'Huto'Hn storm facility, 'Hill provide an expanded storm'. vater facility
to resolve persistent flooding of streets and structures. The total cost of the project is 6.2
million and is scheduled for construction in 2002.
. Sewer system improvements will total over $30 million the next six years and will
include '.vater pollution control, sanitary seJ.ver extensions and expansion and
improyement of current facilities.
. 'Hater system improyements total over $30 million the next six years and will include
expansion of the reclaimed water system, improvement of the water supply and
treatment facilities, infrastructure improvements and overall system e-xpansion.
AMENDMENT 2 CAPITAL IMPROVEMENTS ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amendjollowing Policy 32.1.2 of Objective 32.1 of Goal 32 on page 1-2 asjollows:
*****
32.1.2 The City shall be permitted to amend the Schedule of Capital
Improvements two times during any calendar year and as allowed for
emergencies, developments of regional impact and certain small-scale
development activities pursuant to Florida Statutes 163.3187. The
schedule of capital improvements included in the Clearwater FY2008/09
Capital Improvement Program Budget is incorporated as Schedule I-A of
this Capital Improvements Element.
*****
AMENDMENT 3 CAPITAL IMPROVEMENTS ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amendfollowing Policy 32. 7.6 of Objective 32. 7 of Goal 32 on page 1-10 asjollows:
*****
The City hereby adopts by reference the School District's Five-Year Work Program for
FY 2008/09 through 2012/13 FY 2007/08 through 2011/12, as adopted by the School
Board on September 9,2008 11,2007.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 3 of 51
CAPITAL IMPROVEMENTS ELEMENT SCHEDULE I-A
CAPIT AL IMPROVEMENT PROGRAM FY200S/09
POLICE PROTECTION
This section includes all major computer technoloqy and equipment needs for the Police Department. These items
would typically be funded with General Fund dollars.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinq related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
.:. Communication
Police Computer Network
LIP Gen Fd 250,000
250,000
250,000
250,000
250,000 250,000
1,500,000
Total Police
250,000 250,000 250,000 250,000 250,000 250,000
1,500,000
91147 Police Computer Network
This project was oriqinally established in the FY 1993/94 Capital Improvement Budqet and provided for the
Police Department's computer plan and network operations. The focus of the project includes upqradinq
the in-house computer systems' desktop computers, file servers, printers, and network hardware as new
technoloqy becomes available. Maintaininq the Police computer in-house network as "state of the art" is
of utmost importance, and the ever-chanqinq nature of computer technoloqy makes it impossible to be
specific reqardinq future purchases or needs.
ANNUAL OPERATING BUDGET IMPACT
Proiect
FTE's
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
Police Computer Network (2)
0.0
88.700
1 77 0400
266,100
266,100
266,100
266,100
Total Police
0.0
88,700
177 ,400
266,100
266,100
266,100
266,100
(2) ODeratina costs are for debt service to be funded bv the General Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 4 of 51
FIRE PROTECTION
This section includes all major eauipment and vehicle needs for the Fire Department. All Fire Department facility
renovations and or new construction would also be included in this section. Equipment and vehicles could be
funded with General Fund or Lease Purchase dollars, with the debt funded by the General Fund. In addition, Penny
for Pine lias revenue can also fund a Fire Department vehicle as well as an emeraency medical service vehicle.
Any facility renovations and or new construction would typically be funded with Penny for Pine lias revenue.
Projects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision
and the followina related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neiahborhoods
Projects in this section also support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followina related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
.:. Communication
Projects in this section also support the "Clearwater includes Special Places that Be/ona to Everyone in the
Community" element of the City Council's Vision and the followina related priorities:
.:. A Quality Beach Environment
91218
Fire Enaine Replacement LIP Gen Fd 450,000 450,CD0 450,CD0 450,CD0 450,000 450,CD0
91221
EMS Capital Eauipment General Fd 15 ,CDO 15,CD0 15,CD0 15 ,CDO 15,000 75,CD0
LIP Gen Fd 145,000 140,000 285,000
912'E
Replace & Uparade Air Packs LIP Gen Fd 125,000 750,000 875,CD0
91236
Rescue UP Gen Fd 140,000 160,CD0 170,CD0 470,CD0
91247
Traffic Preemption Control UP Gen Fd 75,000 75,000 150,000
91257
Auto External Defibrillator Proa General Fd 50,CD0 50,CD0
continued on next page
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 5 of 51
FIRE PROTECTION (continued)
Radio Replacements General Fd 50,000 51,500 53,050 54,640 56,280 57,970 323,440
91261
Personal Protective Equip General Fd 133,000 136,990 141,100 145,330 149 ,690 154,180 860,290
91262
Self-Contained Breathinq App General Fd 125,000 125,000
Upqrades-Fill Station
91263
Extrication Tools General Fd 56,000 56,000
91264
Rre Hose Replacement General Fd 25,000 25,000 25,000 25,000 25,000 25,000 150,000
912xx
Rescue Squad Replacement LIP Gen Fd 850,000 850,000
Total Fire Protection 473,000 753,490 1,064,150 885,970 1 ,890,970 1 ,452,150 6,519,730
91218 Fire EnGine Replacement
This project provides for the replacement and equippinG of one (1) Pumper each year from FY 2009/10
throuGh FY 2013/14. These Pumpers will replace the fleet of 1999 units that will be at the end of their service
life. This will also allow for procurement of new equipment for each pumper. MaintaininG up to dote
response vehicles alonG with required equipment, allows the department to maintain its level of service to
the community and provide for the safety of our personnel. FundinG for replacement is partially reimbursed
by the County since the equipment also serves the unincorporated area of the Clearwater Fire District.
91221 EMS Capitol Equipment
This project provides for the procurement of capitol equipment for the EMS system per County EMS
aGreement. The project will fund the replacement of Lifepak 12 cardiac monitor/defibrillators, which hove
o useful life expectancy of seven years. Additional equipment includes electronic support equipment,
radios, stretchers, splints, oXYGen reGulators, etc.
91229 Replace & UPGrade Air Pocks
The fundinG provides for the replacement of breathinG apparatus needed for worn or damaGed front line
units. This project provides the purchase of self-contained breathinG apparatus (SCBA) uPGrade kits that
hove been approved throuGh Notional Institute for Occupational Safety & Health (NIOSH) and the CDC (US
Centers for Disease Control & Prevention) and includes on Accountability MonitorinG System that provides
for trackinG firefiGhters in hazardous environments. The new NFPA (Notional Fire Protection Association)
1982, 2007 edition is now in effect. Our current SCBA's do not meet these standards and do not provide
the needed protection in 0 terrorism event. The new recommended standards will allow the department to
maintain equipment to provide for the safety of our personnel. FundinG in FY 2013/14 provides for
purchases for anticipated chanGes to NFPA standards that may come about after the NFPA 2007 edition.
FundinG is partially reimbursed by the County since the equipment also serves the unincorporated area of
the Clearwater Fire District.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 6 of 51
FIRE PROTECTION (continued)
91236 Rescue
This project provides for the scheduled replacement of Fire/EMS first response vehicles. Fundinq will allow
for the replacement of one (l) transport capable rescue vehicle every other year. Fundinq for
replacement is partially reimbursed by the County since the equipment also serves the unincorporated
area of the Clearwater Fire District.
91247 Traffic Preemption Control
The project provides fundinq for the reqular periodic installation additions to an automated traffic control
system that will allow public safety vehicles to more safely respond throuqh intersections usinq in-vehicle
control of traffic siqnals, with resultinq decreases in response times to emerqency scenes. This important
project will provide for the safety of our response personnel as well as the citizens. Total fundinq of this
project will allow faster response times which helps ensure the department maintains its level of service to
the community. Fundinq will be partially reimbursed by the County, as the system will help serve any
unincorporated resident of the Clearwater Fire District.
91257 Automatic External Defibrillator Proqrams
The Department has 25-biphasic Lifepak 500 AED devices currently in key City facilities such as City Hall,
MSB, Libraries, and Police. In FY 2012/13, the project will fund the replacement of Lifepak 500 AED's, which
have a useful life expectancy of seven years. Fundinq for replacement is partially reimbursed by the
County since the equipment also serves the unincorporated area of the Clearwater Fire District.
91259 Radio Replacements
Pinellas County Communications has adopted the APCO (International Association of Public Safety
Communicators) Project 25 communication standards. This will require that all portable and mobile radio
equipment be diqital by the year 2010. This project will provide fundinq for the upqrade, as well as
additional portable and mobile radio equipment that will replace existinq units and upqrade equipment to
make all Clearwater Fire & Rescue communication equipment compliant with the new standard. Fundinq
will be partially reimbursed by Pinellas County, as the equipment will help serve any unincorporated
resident of the Clearwater Fire District.
91261 Personal Protective Equipment
This project provides fundinq for the complete outfittinq of all personnel with the new Personal Protective
Equipment (PPE) that the Fire Department has started purchasinq in the last year. This project also provides
for the National Fire Protection Association (N FP A) 1852 compliance and qenerates a revolvinq
replacement schedule for the replacement of PPE that has reached its 5-year life expectancy. This PPE
provides a hiqh deqree of protection for our firefiqhters alonq with providinq many safety features that
could assist members in case of an emerqency at an incident. The excellent identification that is
incorporated in this PPE also assists Incident Commanders with accountability and safety. Fundinq for
replacement is partially reimbursed by the County since the equipment also serves the unincorporated
area of the Clearwater Fire District.
91262 Self Contained Breathinq Apparatus Upqrades - Fill Station
This project provides fundinq for one self-contained breathinq apparatus (SCBA) system FY 2012/13. This
system will consist of a breathinq air compressor; six (6) breathinq air storaqe cylinders and a facility type fill
station. The system will allow for refillinq of Fire Department SCBA units located on our emerqency response
apparatus. Fundinq will be partially reimbursed by the County, as the system will help serve any
unincorporated residents of the Clearwater Fire District.
91263 Extrication Tools
This project will provide fundinq for the upqrade and additional vehicle extrication equipment packaqe
that will replace existinq units and upqrade equipment to current National Fire Protection Aqency (NFPA)
recommendations. Fundinq will be partially reimbursed by the County, as the equipment will help serve
any unincorporated residents of the Clearwater Fire District.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 7 of 51
FIRE PROTECTION (continued)
91264 Fire Hose Replacement
This proiect provides fundinq to purchase replacement fire hoses. Fundinq will be partially reimbursed by
the County, as the equipment will help serve any unincorporated residents of the Clearwater Fire District.
912xx Rescue Squad Replacement
This proiect will provide fundinq for the purchase and equippinq of a replacement heavy rescue unit for the
existinq 1997 squad unit in FY 2012/13, which will have exceeded it's useful life. The Department has one
squad unit and one spare vehicle. The squad is the department's only heavy rescue unit and is responsible
for all structure fires, vehicle extrications and technical rescue incidents. The squad carries a variety of
specialized equipment and the specialized traininq the personnel have are essential in assistinq mitiqation
of complicated emerqency responses. Fundinq will be partially reimbursed by the County, as the
equipment will help serve any unincorporated residents of the Clearwater Fire District.
Proiect FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Fire Enaine Replacement 121 99 ,520 199 ,040 298,560 398,080 497,600
EMS Capital Eauipment 121 0.0 32,070 63,030 63,030 63,030
Replace & Uparade Airpacks 121 0.0 27,640 27,640 27,640 27,640 27,640 165,870
Rescue 30,960 30,960 66,350 66,350 103,950 72,990
Traffic Preemption Control 121 0.0 16,590 33,180 33,180 33,180 33,180
Rescue Sauad Replacement 121 0.0 187,990 187,990
Total Fire Protection 58.600 174.710 358.280 488.760 813.870 1.020.660
(2) ODeratina costs are for Debt Service to be funded bv the General Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 8 of 51
NEW STREET CONSTRUCTION
This section includes all new street construction projects. Prior to the voter approval of the additional one-cent
state sales tax, known as Penny for Pinellas, many of these projects were funded with Local Option Gas Tax,
Development Impact Fees and Road Millaqe. Today, these projects are traditionally funded with Penny for Pinellas
revenue.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinq related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Transportation Systems
Proiect
Funding
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
Total
92146
Druid Rood Improvements
Penny 1,250,000
1,250,000
Total New street Construction
1,250,000
1,250,000
92146 Druid Road Improvements
This project provides for improvements at various intersections alonq Druid Road. Fundinq in FY 2008/09 will
complete the Druid Road Trail section from Glen Oaks Park to the Memorial Causeway Bridqe.
Improvements include landscapinq, sidewalks and bike paths.
Comprehensive Plan Objective: (2.5) The City shall encouraqe improved land use of transit oriented
development planninq. (2.5.1) The city shall support the Pine lias Trail and examine opportunities for Trail
extensions or spurs to connect to reqional attractions and employers. (6.1) Roadway improvements to
obtain desired Levels of Service must be included in City projects. (6.3) To meet desired level of service
standards as set forth in policy 5.5.1 .
ANNUAL OPERATING BUDGET IMPACT
Proiect
FTE's
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
Druid Rood Improvements (11
0.0
5,000
5,250
5,510
5,790
6,080
6,380
Total New street Construction
0.0
5.000
5.250
5.510
5,790
6.080
6.380
(1) Operatino costs are for maintenance which will be outsourced and funded bv the General Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 9 of 51
MAJOR STREET MAINTENANCE
This section includes all maior street maintenance proiects for the City. Proiects in this section are normally funded
with Local Option Gas Tax and/or Road Millaqe. As defined by Florida statutes, Local Option Gas Tax proceeds
can be used for roadway and riqht-of-way maintenance, as well as bridqe maintenance and operations. Road
Millaqe revenues are established each year by Council policy and must be used to maintain the City's sidewalks
and streets with the qoal of maintaininq a 10 to 15 year resurfacinq cycle.
Proiects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision
and the followinq related priority:
.:. Safe Comfortable Walkable Neiqhborhoods
Proiects in this section also support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followinq related priority:
.:. Well Maintained Infrastructure
Proiect
Fundina
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
Total
92259
Traffic Calmina Proa
Gas Tax
800,000
800,000
800,000
200,000
200,000
200,000
3,000,000
92273
streets & Sidewalks
Rood Millaae 2,682,150 2,600,340 2,547,430 2,547,430 2,547,430 2,547,430 15,472,210
92274
Bridae Maint &
Improvements
Gas Tax
600,000
800,000
650,000 1 ,250,000 1 ,300,000 1 ,300,000
5,900,000
Maior street Maintenance Total
4,082,150 4,200,340 3,997,430 3,997,430 4,047,430 4,047,430 24,372,210
92259 Traffic Calminq Proqram
Proiect to promote traffic calminq within Clearwater neiqhborhoods and establishment of a methodoloqy
for implementation. City staff to implement in succeedinq years throuqh capital proqramminq. Specific
proiects in FY 2008/09 will include Wood Valley & Morninqside.
92273 Streets & Sidewalks (replaces the Streets, Sidewalks & Bridqes proiect)
This proiect provides continuous maintenance for deterioration prevention of City streets and sidewalks by
allowinq approximately 20 to 30 miles of streets to be maintained yearly. This yearly street maintenance
includes asphalt pavement millinq, pavement resurfacinq and pavement remarkinq. The proiect also
provides for the maintenance, repair and construction of sidewalks on a continuous, as needed basis.
Comprehensive Plan Obiective: (6.1) Roadway improvements to obtain desired Levels of Service must be
included in City capital budqets.
92274 Bridqe Maintenance & Improvements
This proiect provides for a continuous, annual maintenance proqram to keep the City's bridqes inspected
and in qood repair as well as providinq for the complete replacement of bridqes as necessary.
Comprehensive Plan Obiective: (6.1) Roadway improvements to obtain desired Levels of Service must be
included in City capital budqets.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 100f51
INTERSECTIONS
This section includes improvements to intersections as well as new sianal installation and sianal renovation. These
projects are funded with Transportation Impact Fees, Road Millaae and Local Option Gas Tax. The Road Millaae
fundina in the Sianal Renovation project is used in conjunction with major intersection improvements and road
widenina projects. The Transportation Impact Fee revenue is required to be used for capital improvements and the
expansion of transportation facilities. Local Option Gas Tax proceeds can be used for roadway and riaht-of-way
maintenance.
Projects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision
and the followina related priority:
.:. Safe Comfortable Walkable Neiahborhoods
Projects in this section also support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followina related priority:
.:. Well Maintained Infrastructure
Projects in this section also support the "Clearwater Includes Special Places that Be/ona to Everyone in the
Community" element of the City Council's Vision and the followina related priorities:
.:. A Quality Beach Environment
.:. A Vibrant Downtown that's Mindful of its Heritaae
Improvements
Trans Imp
50,000
50,000
50,000
50,000
50,000
50,000
300,000
92552
Sianal Renovation
Gas Tax
45,000
45,000
45,000
45,000
45,000
45,000
270,000
92553
New Sianallnstallations
Trans Imp
40,000
40,000
40,000
40,000
40,000
40,000
240,000
92558
Intersection
Improvements
Total Intersections
Trans Imp 200,000 200,000 200,000 200,000 200,000 200,000 1 ,200,000
Gas Tax 55,000 55,000 55,000 55,000 55,000 55,000 330,000
Rd Millaae 45,000 45,000 45,000 45,000 45,000 45,000 270,000
435,000 435,000 435,000 435,000 435,000 435,000 2,610,000
92551 City-Wide Intersection Improvements
The project provides intersection improvements of a minor nature to facilitate traffic flow, such as radii, riaht
turnina lanes, and minor channelization, which often accompany the new sianalization of an intersection.
Comprehensive Plan Objective: (6.1) Roadway improvements to obtain desired Levels of Service must be
included in City capital budaets.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 11 of 51
INTERSECTIONS (continued)
92552 Sianal Renovation
Renovation of substandard sianalized intersections is required to meet the standards set by the national
and state of Florida mandates to increase safety and reduce liability, This proiect also provides money to
support the costs of relocatina traffic sianal equipment due to road widenina proiects or intersection
improvement proiects where the cost of such relocation cannot be included in the cost of that proiect.
Comprehensive Plan Obiective: The FOOT has established minimum operatina standards for urban minor
arterials and minimum standards for state principal arterials. Clearwater intends that these standards be
recoanized as the minimum acceptable standards for state arterial roads, and should serve as a auideline
for reviewina development applications. (6.1) Roadway improvements to obtain desired Levels of Service
must be included in City capital budaets.
92553 New Sianallnstallations
The proiect provides for new traffic sianals installed at previously unsianalized intersections that meet traffic
sianal warrants.
Comprehensive Plan Obiective: The FOOT has established minimum operatina standards for urban minor
arterials and minimum standards for State principal arterials. Clearwater intends that these standards be
recoanized as the minimum acceptable standards for State arterial roads, and should serve as a auideline
for reviewina development applications. (6.1) Roadway improvements to obtain desired levels of service
must be included in City capital budaets.
92558 Intersection Improvements
These are intersection improvements of a relatively maior nature to facilitate traffic flow by increasina the
capacity of the intersection. Specific proiects in FY 2008/09 will include intersections at Court & Chestnut
with various cross streets as deemed necessary followina the new bridae openina.
Comprehensive Plan Obiective: (6.3) To meet desired level of service standards as set forth in policy 5.5.1.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 120f51
PARKING
The Parkinq section includes projects for the maintenance of the City owned parkinq qaraqes, as well as City
owned parkinq lots. These projects are usually funded with Parkinq Fund revenue. Also included in this section
would be any new Parkinq Garaqes. These types of projects would traditionally be funded with Parkinq Fund
revenues and/or a Parkinq Bond Issue.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinq related priority:
.:. Well Maintained Infrastructure
Proiect Fundin!:! 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
92630
Parkina Lot Resurfacina Parkina Fd 50,000 50,000 50,000 50,000 50,000 50,000 300,000
92632
Parkina Garaae Maintenance Parkina Fd 75,000 75,000 75,000 75,000 75,000 75,000 450,000
and Repair
92636
Parkina Lot Improvements Parkina Fd 100,000 100,000 100,000 100,000 100,000 100,000 600,000
Total Parkin!:! 225,000 225,000 225,000 225,000 225,000 225,000 1 ,350,000
92630 Parkinq Lot Resurfacinq
The project provides for the resurfacinq of various City Parkinq System lots as determined necessary by
Enqineerinq.
92632 Parkinq Garaqe Maintenance & Repair
The Garden Avenue and Municipal Services Complex parkinq qaraqes both require maintenance and
repair. By performinq this scheduled maintenance, lonq-term serviceability and safety issues will be
addressed.
92636 Parkinq Lot Improvements
The project provides for interior improvements, both functional and aesthetic, to all parkinq system facilities.
Parkinq facility locations will beqin with the beach lots and expand to include all parkinq system facilities
and on-street parkinq. Improvements include items such as brick pavers, parkinq meters, parkinq revenue
control equipment and siqn upqrades.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 130f51
MISCELLANEOUS ENGINEERING
This section includes miscellaneous enaineerina type of projects that are related to the Enaineerina function. The
smaller projects are typically either funded with General Fund revenue or Lease Purchase dollars if the project is
equipment or vehicles. Projects in this section could also include major construction projects that don't easily fit in
another cateaory, i.e., the replacement of the Memorial Causeway Bridae, when active, was included in this
section. The laraer construction projects have been funded with Penny for Pine lias proceeds.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followina related priority:
.:. Well Maintained Infrastructure
Proiect Funding 2008/09 2009 /1 0 2010/11 2011/12 2012/13 2013/14 Total
92822
Miscellaneous Enaineerina General Fd 35,000 35,000 35,000 35,000 35,000 35,000 210,000
92838
Variable Messaae Boards Gas Tax 80,000 80,000
Total Miscellaneous Engineering 115,000 35,000 35,000 35,000 35,000 35,000 290,000
92822 Miscellaneous Enaineerina
Establishes a project to provide fundina for miscellaneous contractual services related to new road
construction, public transit facilities, storm drainaae, riahts-of way, sidewalks, drainaae structures, sianal
installation, or landscapina includina unplanned requests by other departments.
92838 Variable Messaae Boards
This project provides fundina for the replacement of four (4) variable messaae boards that are utilized by
Traffic Operations for the control of traffic durina special events and road detours.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 14 of 51
PARKS DEVELOPMENT
The Parks Development section includes the lara est amount of quality of life proiects in the Capital Improvement
Proaram. Proiects in this section include all the proiects that support the Parks & Recreation function, excludina
land acquisition.
Many of these proiects are maintenance proiects that provide the necessary fundina to maintain our parks, and
our park facilities, in aood condition. These maintenance proiects are typically funded with General Fund revenue.
Equipment and vehicle proiects in this section would be funded with Lease Purchase dollars. The maior
construction of new Parks & Recreation facilities or maior renovation of existina Parks & Recreation facilities have
been funded with Penny for Pinellas proceeds, arants, donations and impact fees such as recreation facility,
recreation land and open space.
Also, included in this section is a proiect for the maintenance of the Harborview Center. This proiect is funded with
Harborview Fund revenue.
Proiects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision
and the followina related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neiahborhoods
Proiects in this section also support the "Clearwater is a Wonderful Place to Play" element of the City Council's
Vision and the followina related priority:
.:. A Variety of Cultural and Recreation Offerinas
Proiects in this section also support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followina related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
Proiects in this section also support the "Clearwater Includes Special Places that Be/ona to Everyone in the
Community" element of the City Council's Vision and the followina related priority:
.:. A Vibrant Downtown that's Mindful of its Heritaae
93204
Concrete Sidewalk & Pod
Repairs & Replacement
General Fd
55,000
55,000
55,000
60,000
60,000
60,000
345,000
93205
Briaht House Networks Field
Infrastructure Repairs/ Impr
General Fd
50,000
50,000
50,000
50,000
50,000
50,000
300,000
93213
Pork Amenitv Purchase,
Repair & Replacement
General Fd
75,000
75,000
75,000
80,000
80,000
80,000
465,000
210,000 210,000 210,000 175,000 225,000 225,000 1,305,000
continued on next page
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 150f51
PARKS DEVELOPMENT (continued)
Plavaround & Fitness Eauip General Fd 150 ,CX)O 150 , o::x:J 150,000 175,CX)0 175,o::x:J 175,CX)0 975,o::x:J
Purchase & Replacement
93247
Fitness Eauip Replacement General Fd 25 ,000 25 , o::x:J 25,000 30 ,CX)O 30 ,o::x:J 30 ,CX)O 165 , o::x:J
93262
Fencina Replacement Proa General Fd 125,CX)0 1 25 , o::x:J 125,000 130 ,CX)O 130 , o::x:J 130 ,CX)O 765 , o::x:J
93271
Swimmina Pool R&R General Fd 60,000 80 ,o::x:J 80,000 80 ,CX)O 1 00 , o::x:J 1 00 ,CX)O 500 , o::x:J
93272
Recreation Trails Penny 360 ,CX)O 360 , o::x:J
FRDAP Grant 2CX) ,o::x:J 2)0 , o::x:J
state Grant 1 60 ,CX)O 160 , o::x:J
93277
Horborview Infrastructure Horborview 1 00 ,CX)O 1 00 , o::x:J 100,000 1 00 ,CX)O 1 00 , o::x:J 1 00 ,CX)O 600 , o::x:J
Repairs & Improvements
93278
Lona Center Infrastructure General Fd 50,000 60 , o::x:J 60 ,000 60 ,CX)O 60 , o::x:J 70,CX)0 360 , o::x:J
Repairs
93286
Parkina Lot/ Bicycle Path General Fd 50,000 50 , o::x:J 50,000 60 ,CX)O 60 , o::x:J 60 ,CX)O 330 , o::x:J
Resurfacina & Imprvmnts
93602
Special Events Eauip SP Event Rev 30,000 30 ,o::x:J 30,000 30 ,CX)O 30 ,o::x:J 30 ,CX)O 180 , o::x:J
Repairs & Replcmt
93604
Boardwalks & Docks General Fund 75,000 75 , o::x:J 75,000 1 00 ,CX)O 1 00 , o::x:J 1 00 ,CX)O 525,o::x:J
Repair & Replacmt
continued on next paqe
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 160f51
PARKS DEVELOPMENT (continued)
93611
Multi Terrain Loader LP-Gen Fd 58/XfJ 58,(JJJ
93612
McMullen Tennis Complex Gen Fd Ret Erna 'XJJ,(JJJ 'XJJ, (JJJ
(new soft courts) FRDAP Grant 'XJJ,(JJJ 'XJJ, (JJJ
936xx
Lona Center Miracle Pinellos cty 250,(JJJ 250,(JJJ
Field Lona ctr Found 5J,(JJJ 5J,(JJJ
C1wr for Youth 1O,(JJJ 1O,(JJJ
FRDAP Grant 'XJJ, (JJJ 'XJJ, (JJJ
936xx
Joe DiMaaaio sports Pinellos cty 2, (JJJ, (JJJ 2, (JJJ, (JJJ
Complex Renovations Outside AQencv YfJ, (JJJ YfJ, (JJJ
Donations
Total Paks Development 2,110,500 4,167,500 957,500 1,045,000 1,065,000 1,075,000 10,420,500
93203 Carpenter Field Infrastructure Repairs and Improvements
This proiect provides for the phased repairs and improvements needed at the Carpenter Field Complex,
includinG fence replacement, field renovations, buildinG repairs, parkinG lot restructurinG, entrvway
improvements, etc. This proiect will allow for the Carpenter Complex to continue to be maintained in a
maior leaGue professional manner.
Comprehensive Plan Obiective: (28.1.5.2) A repair, remodelinG, renovation or replacement of obsolete or
worn out facilities that contribute to achievinG or maintaininG standards for levels of service.
93204 Concrete Sidewalk, Pad Repairs and Replacement
This proiect provides for the removal and replacement of damaGed concrete sidewalks, curbs, and pads
and courts in various parks around the City as well as provides for new sidewalks for safety and accessibility
reasons.
Comprehensive Plan Obiective: (24.1) Improve the public's access to parks and recreation sites.
93205 Community Sports Complex Infrastructure Repairs and Improvements
This proiect provides for the phased repairs and improvements needed at the Community Sports Complex
accordinG to the Joint Proiect AGreement (JPA) between the City of Clearwater and the Phillies. This
proiect will allow for the Community Sports Complex to be maintained in a manner to meet current maior
leaGue professional standards.
Comprehensive Plan Obiective: (28.1.5.2) A repair, remodelinG, renovation or replacement of obsolete or
worn out facilities that contribute to achievinG or maintaininG standards for levels of service.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 17 of 51
PARKS DEVELOPMENT (continued)
93213 Park Amenity Purchase, Repair and Replacement
This project provides for the purchase, repair and replacement of such items as park identification sians,
rules sians, park benches, trash receptacles, water fountains, arills, basketball aoals, soccer and football
aoals, bleacher systems, and the like, at various Parks & Recreation facilities and sites.
Comprehensive Plan Objective: (24.1) Improve the public's access to parks and recreation sites.
93229 Tennis and Basketball Court Resurfacina
This project provides for the scheduled resurfacina of tennis and basketball courts to prevent deterioration.
Tennis courts tentatively scheduled to be resurfaced in FY 2008/09 include Bay Park Coachman Ridae and
Forest Run Parks.
Comprehensive Plan Objective: (24.1) Improve the public's access to parks and recreation sites.
93230 PlaYaround and Fitness Equipment Purchase and Replacement
This project provides replacement of plaYaround equipment and the purchase of new equipment at the
City's 32 plaYarounds. Included in this project is the appropriate safety resilient surfacina. PlaYarounds
tentatively scheduled to be replaced in FY 2008/09 include Cherry Harris Park and Morninaside PlaYaround.
This project also includes phased replacement of fitness court equipment. Equipment tentatively scheduled
for replacement includes Norton Recreation Center. As equipment is added and/or replaced, it is
evaluated to assure it meets ADA requirements.
Comprehensive Plan Objective: (24.1) Improve the public's access to parks and recreation sites.
93247 Fitness Equipment Replacement
This project provides for the phased replacement of old, worn out and over used fitness equipment at the
City's five (5) fitness centers. Projects for FY 2008/09 may include, but not be limited to, equipment at the
North Greenwood Recreation Complex, Clearwater Beach Recreation Center, and Countryside
Recreation Center.
Comprehensive Plan Objective: (28.1.5.2) A repair, remodelina, renovation or replacement of obsolete or
worn out facilities that contribute to achievina or maintainina standards of levels of service.
93262 Fencina Replacement Proaram
This project includes phased replacement of old, worn out and rusted fencina at the various recreation
sites. The lara est amount of fencina to be replaced on an annual basis exists at the fifty (50) ball fields,
which includes backstops and duaout fencina. Fencina is replaced as needs arise, and replacements
comply with all current code requirements.
93271 Swimmina Pool Renovations and Repairs
This project will provide for the renovation and enhancement of the various pools in the City, for facility
improvements, leisure pool enhancements such as slides, activity pools and Ion a-term maintenance such
as marcitina and repair of autters, tile and deckina. FY 2007/08 and 2008/09 fundina are needed to
provide marcitina and deck replacement at Morninaside pool.
Comprehensive Plan Objective: (28.1.5.2) A repair, remodelina, renovation or replacement of obsolete or
worn out facilities that contribute to achievina or maintainina standards for levels of service.
93272 Recreation Trails
This project provides for the construction of recreation trails throuahout the city for walkina, joaaina, in line
skatina and bicyclina. May include but not limited to projects such as Memorial Causeway, Turner street,
and Ream Wilson Clearwater Trail. Penny fundina for FY 2008/09 is needed to provide partial fundina for a
portion of the Landmark Drive Trail and improvements at Lake Chautauqua Nature Preserve.
Comprehensive Plan Objective: (24.3) To correct deficiencies in the supply of core system parkland and
facilities (24.3.8). New or expanded facilities that reduce or eliminate deficiencies in levels of service for
existina demand.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 180f51
PARKS DEVELOPMENT (continued)
93277 Harborview Infrastructure Repairs and Improvements
This project provides for the phased repair and replacement of capital items at the Harborview Center. In
order to keep this facility as a quality and successful Convention facility, a proqram of capital improvement
repairs and replacements will need to occur each year (i.e. replacement of carpetinq, air conditioner
replacements, equipment replacement, paintinq, repair roof leaks, etc.). Projects for FY 2008/09 may
include roof and air conditions repairs, as well as replacement of carpetinq and other floorinq material.
Comprehensive Plan Objective: (28.1.5.2) A repair, remodelinq, renovation or replacement of obsolete or
worn out facilities that contribute to achievinq or maintaininq standards for levels of service.
93278 Lonq Center Infrastructure Repairs
This project will provide for the replacement and repairs of various capital items at the Lonq Center. This
capital project replaces the annual sinkinq fund included in the past Lonq Center aqreement with the City.
Some of the infrastructure items that will need to be repaired or replaced include furnishinqs, equipment,
pool. parkinq lot, driveway, ballfield, etc.
Comprehensive Plan Objective: (28.1.5.2) A repair, remodelinq, renovation or replacement of obsolete or
worn out facilities that contribute to achievinq or maintaininq standards for levels of service.
93286 Parkinq Lot/Bicycle Path Resurfacinq/lmprovements
This project includes reqularly resurfacinq of parkinq lots and bicycle paths to prevent deterioration and
may include minor improvements to those parkinq lots and bicycle paths beinq resurfaced.
Comprehensive Plan Objective: Improve the public's access to parks and recreation sites.
93602 Special Events Equipment Repairs & Replacement
This is a maintenance project for the special events division of the Parks and Recreation Department similar
to other onqoinq maintenance projects. This project provides for the purchase, repair and replacement of
such items as sound equipment, chairs, tables, tents, etc. used by the Special Events Division for special
events, qrand openinqs, dedications, celebrations, etc. The equipment used by this Division wears out from
heavy use and a proqram is needed to replace this equipment
Comprehensive Plan Objective: (28.1.5.2) A repair, remodelinq, renovation or replacement of obsolete or
worn out facilities that contribute to achievinq or maintaininq standards for levels of service.
93604 Boardwalks & Docks Repair & Replacement
This project provides fundinq for the repair and/or replacement of boardwalks, docks and viewinq
platforms in various parks and beach access points. There are over 49,000 square feet of wooden
boardwalks, docks and viewinq platforms throuqhout the City, includinq such parks as Moccasin Lake,
Crest Lake and Ed Wriqht and areas such as Turner Street Dock, Maqnolia Street Dock and wooden access
boardwalks to Sand Key and Clearwater Beach. The majority of these are over 20 years old and will need
replacement within the next few years. Replacement with recycled products will occur wherever possible
to extend the life of the replacements.
Comprehensive Plan Objective: (28.1.5.2) A repair, remodelinq, renovation or replacement of obsolete or
worn out facilities that contribute to achievinq or maintaininq standards for levels of service.
93610 Bulldozer
This project provides fundinq for the purchase of a D6N-CAT Bulldozer. This equipment will primarily be used
to maintain the sand on Clearwater Beach. This equipment will allow staff to re-qrade the beach to keep
the sand at normal baseline elevation, improve beach conditions to help minimize sand displacement onto
sidewalks and roadways and also be used for storm cleanup activities. This equipment can also be used by
Public Services.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 190f51
PARKS DEVELOPMENT (continued)
93611 Multi Terrain Loader
This proiect provides fundina for the purchase of a multi terrain loader. This equipment will primarily be used
to maintain the sand on Clearwater Beach. However, it will also be used to assist with excavation and
aradina of various park properties, athletic facilities and parkin a areas. This smaller piece of equipment will
allow sand to be removed from behind the sand walls and in the tiaht spaces alona the beach by desian
proiect and will allow for the laraer equipment on the beach to arade and keep sand at baseline
elevation, thus limitina future sand build up.
93612 McMullen Tennis Complex (new soft courts)
This proiect provides fundina for the construction of four new liahted clay courts and tennis amenities at
McMullen Tennis Complex. The additional courts will accommodate the need for additional clay courts
and also allow maior tennis tournaments to be held in Clearwater. Any additional operatina costs will be
offset by additional revenue.
Comprehensive Plan Obiective: (24.1) Improve the public's access to parks and recreation sites. (24.3) To
correct deficiencies in the supply of core system parkland and facilities (24.3.8). New or expanded facilities
that reduce or eliminate deficiencies in levels of service for existina demand. (28.1.5.3) New or expanded
facilities that reduce or eliminate deficiencies in levels of service for existina demand.
936xx Lona Center Miracle Field
This proiect will provide for the construction of a miracle field with amenities at the Lona Center, which can
be used by children and adults with physical and mental challenaes. The miracle field will be constructed
with a synthetic surface so that children and adults in wheelchairs, walkers and other devices can play
baseball and softball, which they cannot currently do in North Pinellas County. Additional amenities will
include an increase of over 85 parkin a spaces, liahtina, dUaouts, bleachers, water fountains, landscapina
and other misc. park improvements. The City plans to partner with Pinellas County, the Lona Center
Foundation, Clearwater for Youth and the state of Florida to name a few.
Comprehensive Plan Obiective: (28.1.5.3) New or expanded facilities that reduce or eliminate deficiencies
in levels of service for existina demand.
936xx Joe DiMaaaio Sports Complex Renovations
This proiect provides for the renovation and improvements of the Joe DiMaaaio Sports Complex by
constructina seven (7) new soccer fields and one (1) maior leaaue baseball field. In addition, there will be
restrooms, concession buildina, press box, improved parkin a to accommodate the need for overflow
parkin a for Briaht House Networks Field and other park amenities. The City is hopina to partner with the
County, State and Federal Government, as well as, local co-sponsor aroups to fund this proiect, which
would also include any additional operatina expenses associated with construction. Phase I of the proiect
in FY 2009/1 0 includes the construction of four (4) new fields, liahtina for the existina field to the south and
installation of a new restroom/concession buildina.
Comprehensive Plan Obiective: (28.1.5.2) A repair, remodelina, renovation or replacement of obsolete or
worn out facilities that contribute to achievina or maintainina standards of levels of service.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 20 of 51
PARKS DEVELOPMENT (continued)
Proiect FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
93610
Bulldozer (2) (6) 0.0 45,340 45,340 45,340 45,340 45,340
93611
Multi Terrain Loader (2), (6) 0.0 12,830 12,830 12,830 12,830 12,830
Total Parks Development 0.0 58,170 58,170 58,170 58,170 58,170 Q
(2) Operatino costs are for debt service to be funded bv the General Fund.
(6) ODeratina costs are for Fleet Maintenance.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 21 of 51
MARINE FACILITIES
The Marine Facilities section includes proiects that support the Marine operations. Most of the projects in this section
are maintenance projects, which are funded on an annual basis to keep the related infrastructure in aood
condition. Project fundina sources for the maintenance projects are based on the operation the project supports,
i.e., Beach Guard operations are funded by the General Fund, Marina operations are funded by the Marina &
Aviation Fund and Pier 60 and Sailina Center operations are funded by the General Fund. Any construction or
major renovation of facilities are typically funded the same way or with Penny for Pine lias proceeds or Special
Development Fund revenue.
Projects in this section support the "Clearwater is a Wonderful Place to Learn" element of the City Council's Vision.
Projects in this section also support the "Clearwater is a Wonderful Place to Play" element of the City Council's
Vision and the followina related priority:
.:. A Variety of Cultural and Recreational Offerinas
Projects in this section also support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followina related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Transportation Systems
Projects in this section also support the "Clearwater includes Special Places that Be/ona to Everyone in the
Community" of the City Council's Vision and the followina related priorities:
.:. A Quality Beach Environment
.:. A Vibrant Downtown that's Mindful of its Heritaae
General Fd 10,000 10,000 5,000 5,000 5,CD0 5,CD0 40,000
Marine 140,000
2C)Q,000
200,000
200,000
2CX) ,CDO
200,CD0
1,140,000
Marine 10,000
10,000
10,000
10,000
10,000
10,000
60,000
Marine 25,000
25,000
25,000
25,000
25,000
25,000
150,000
Marine 20,000
20,000
20,000
20,000
20,000
20,000
120,000
Marine 85,000
85,000
85,000
85,000
85 ,000
85 ,000
510,000
General Fd 100,000
100,000
100,000
100,000
1 00,000
100,000
600,000
General Fd 15,000
15,000
15,000
15,000
15,000
15,000
90,000
405,000 465,000 460,000 460,000 460,000 460,000 2,710,000
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 22 of 51
MARINE FACILITIES (continued)
93403 Beach Guard Facility Maintenance
This project provides fundina for the replacement, as well as, the continuous maintenance of the Beach
Guard towers and structures. Continuina in 2008/09, two (2) towers will be replaced.
93409 Marina Renovations
This project provides fundina for the possible future development of a new Marina buildina and slip
renovations at the current Clearwater Municipal Marina buildina site. More specific details will be available
in the future as the project is defined.
93413 utilities Service Replacement
The project provides for continuous repair and/or replacement of deteriorated electrical wirina, and water
service at the City's Municipal Marina and Island Estates Marina to continue to maintain the City-owned
marinas in usable conditions.
93429 Dock R&R
The project provides for continuous repair and/or replacement of deteriorated docks at municipal dockina
facilities and island Estates Marina, utilizina the Marine Services section and equipment to continue to
maintain the City-owned marinas in usable conditions.
93490 Fuel System R&R
The project provides for continuous repair and/or replacement of deteriorated fuel lines, dispenser and
underaround pollutant storaae tanks at the municipal marina, utilizina contractors to continue to maintain
City-owned marina fuel system in usable conditions.
93496 Marine Facility Dredaina and Maintenance
This project is a combination of the former "Waterway Maintenance" and "Seminole Ramp Dredaina"
projects. This project will provide fundina for any facility that the Marine and Aviation Department is
responsible for that requires maintenance and/or dredaina. This includes such thinas as replacement of
City-owned aids for naviaation and informational sians; removal of derelict vessels, etc.; procurement of
pilina and sian material to fabricate sianaae and buoys utilizina Marine Services staff; procurement of
equipment to continue to maintain waterways in a usable condition; repairs/replacement of floatina
docks, ramps and pilinas. This project will also fund dredaina of areas that the Marine and Aviation
Department is responsible for to allow for continued safe and usable condition at City-owned docks.
93497 Docks and Seawalls
This is a continuous maintenance prOaram to keep the City's several thousand feet of seawalls at street
ends and docks, other than at Marina facilities, in aood repair.
93499 Pier 60/Sailina Center Maintenance
This project provides fundina for the continuous repair and/or replacement of electrical services, water
service, fire protection equipment and structural components of the Pier and Sailina Center.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 23 of 51
AIRPARK FACILITIES
The Airpark Facilities section includes projects that support the Airpark operations. These project ranqe from
maintenance projects to the major renovation of facilities. These projects are typically funded with Marine &
Aviation Fund revenue or qrant revenue from the Florida Department of Transportation.
Projects in this section support the "Clearwater is a Wonderful Place to Learn" element of the City Council's Vision.
Projects in this section also support the "Clearwater is a Wonderful Place to Play" element of the City Council's
Vision and the followinq related priority:
.:. A Variety of Cultural and Recreation Offerinqs
Projects in this section also support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followinq related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Transportation Systems
Aviation
10,000
10,000
10,000
10,000
10,000
10,000
60,000
10,000
10,000
10,000
10,000
10,000
10,000
60,000
94817 Airpark Maintenance and Repair
This project will provide fundinq for maintenance and repairs at the Clearwater Airpark.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 24 of 51
LIBRARIES
The Libraries section includes proiects that support the Library operation. The purchase of library materials as well as
computer software projects, are typically funded with Library Cooperative fundinq or General Fund revenue.
Equipment purchases would be lease purchased and major construction or renovation of facilities has been
funded with Penny for Pinellas, qrants and donations.
Projects in this section support the "Clearwater is a Wonderful Place to Play" element of the City Council's Vision
and the followinq related priority:
.:. A Variety of Cultural and Recreation Offerinqs
Proied
Funding
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
Total
93527
Books and other Library Materials Library CooP
694,480
715,310
736,770
758,870
781,640
805,090
4.492,160
Total Libraries
694,480
715,310
736,770
758,870
781,640
805,090
4,492,160
93527 Books and Other Library Materials
This project is for the acquisition of books, periodicals, audiovisuals, online database subscriptions and other
library materials for the Main, East, Countryside, Beach, and North Greenwood Libraries. The Pine lias Public
Library Cooperative provides annual fundinq, some of which will be used in to purchase library materials to
serve County residents usinq City libraries.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 25 of 51
GARAGE
The Garaqe section includes projects for the replacement of motorized equipment as well as replacement
equipment for the radio system. These projects are funded either with Garaqe Fund revenue or throuqh a Lease
Purchase contract paid by the Garaqe Fund.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinq related priorities:
.:. Well Maintained Infrastructure
.:. Communication
94232
Radio User Eauipment L/P-Garaae Fd 50,000 50,000 100,000
Replacement Proaram
94233
Motorized Eauipment Garaae Fund 65,920 67,900 69,940 72,040 74,200 76,430 426,430
Replacement-Cosh
94234
Motorized Eauipment L/P-Garaae Fd 2,699 ,900 2,780,900 2,864,330 2,950,260 3,038,770 3,129,930 17,464,090
Replacement-LIP
Total Garaae 2,815,820 2,898,800 2,934,270 3,022,300 3,112,970 3,206,360 17 , 990,520
94232 Radio User Equipment Replacement Proqram
This on-qoinq Lease Purchase project will fund a proqram to phase-in the replacement of the old portable
radios, mobile radios, control stations, accessories, radio tower equipment, infrastructure equipment, and
options (such as radio charqers, spare batteries, belt clips, etc.).
94233 Motorized Equipment Replacement-Cash
This project is for the replacement of motorized vehicles and equipment to cost less than $25,000 m
vendor per transaction. The equipment is for all City Departments, responsible for all City business. Future
years are based on a projected increase of approximately 3% per annum.
94234 Motorized Equipment Replacement-Lease/Purchase
This project is for the replacement of motorized vehicles/equipment estimated to cost $25,000 or more per
vendor per transaction. The equipment is for all City Departments, responsible for all City business. Future
years based on a projected increase of approximately 3% per annum.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
GARAGE (continued)
FTE's 2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
0.0 11 ,060
11,060
22,120
22,120
22,120
22,120
0.0 597,110 1,212,130 1,845,600 2,498,080 3,170,130 3,265,230
608,170 1,234,250 1,867,720 2,520,200 3,192,250 3,276,290
le funded bv the Garaae Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Attachment number 3
Page 26 of 51
Item # 16
Attachment number 3
Page 27 of 51
MAINTENANCE OF BUILDINGS
Projects in this section provide fundinG for the major maintenance of City facilities. The fundinG is provided by the
Fund that owns the specific facility that requires maintenance. The facilities are outlined in the project scopes.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinG related priority:
.:. Well Maintained Infrastructure
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
94510
Air Conditioners -City General Fd 100,000 103,000 106,090 109 ,270 112,550 115,930 646,840
Wide Replacements Garaae 15,000 15,000 15,000 15,000 15,000 15,000 90,000
utilitv R&R 35,000 35,000
Gas 10,000 10,000
Marine 20,000 20,000
Adm Svcs 10,000 10,000
94512
Roof Repairs General Fd 10,000 10,000 10,000 10,000 10,000 10,000 60,000
Gas 5,000 5,000
94514
Roof Replacements General Fd 100,000 100,000 100,000 100,000 100,000 100,000 600,000
94517
Paintina of Facilities General Fd 100,000 100,000 100,000 100,000 100,000 100,000 600,000
utility R & R 39 ,000 39 ,000
Stormwater 4,000 4,000
Gas 10,000 30,000 40,000
Garaae 30,000 30,000
94519
Floorina for Facilities General Fd 25,000 25,000 25,000 25,000 25,000 25,000 150,000
utilitv R&R 25,000 10,130 35,130
Stormwater 3,300 7,800 11, 100
94524
Lona Center Maior Penny 700,000 700,000
Infrastructure Imprvmts Gen Fd Ret Erna 2,100,000 2,100,000
93269
Liaht Replacement & General Fd 75,000 75,000 75,000 80,000 80,000 80,000 465,000
Repair
Total Maintenance of Buildinas 2,593,300 1,175,930 474,090 459 ,270 467,550 480,930 5,651 ,070
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 28 of 51
MAINTENANCE OF BUILDINGS (continued)
93269 Liaht Replacement and Repair
This proiect includes the phased re-lampina, replacement and repair of liahtina systems includina liaht
fixtures, poles, service panels and wirina at various Parks and Recreation sites. Proiect may include, but not
limited to the followina locations in FY 2008/09 locations may include: Frank Tack Park, McMullen Tennis,
and miscellaneous service replacements, pole replacements and security liahtina.
94510 Air Conditioners-City Wide Replacements
The proiect provides for the replacement of several air conditionina systems that are in need of
replacement due to aae, deterioration, and excess eneraY usaae. For FY 2008/09 facilities may include:
East Library, Shuffleboard Club, Countryside Library, Enaineerina Field Office, and miscellaneous small units.
94512 Roof Repairs
The proiect includes roof repair of various City buildinas as needed to prevent water damaae to interiors of
buildinas. For FY 2008/09 facilities may include: Countryside Library, Morninaside Pool Buildina, and Ross
Norton Pool.
94514 Roof Replacements
This proiect includes roof replacements of various City buildinas. For FY 2008/09 facilities may include:
Municipal Services Buildina and the Police Department.
94517 Paintina of Facilities
This proiect includes scheduled paintina and waterproofina of City facilities. In FY 2008/09 facilities may
include: Pier 60 Pavilion, Main Library, Countryside Sports Complex, North Greenwood Aquatics Center,
Municipal Services Buildina (metal work) Sand Key Fire Station, Gas Sales and Graphics.
94519 Floorina of Facilities
This proiect includes the scheduled replacement of worn or damaaed floorina. In FY 2008/09 facilities may
include: Public Services Buildinas "B" and "C", and miscellaneous small replacements.
94524 Lona Center Maior Infrastructure Improvements
This proiect provides fundina for maior buildina improvements to the Lona Center facility. This could include
air conditionina replacement, roof replacement, paintina, maior electrical repairs; as well as, repairs to the
fire sprinkler systems, replacement of pool liahts and elevator repairs. The additional fundina in FY 09 will
provide for the installation of a new eneraY savinas equipment includina air conditionina, liahtina and new
exhaust and dehumidifier system in the pool area that will pay for itself over the next 20 years and yield a
proiect savinas of more than $130,000 over the life of the proiect.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 29 of 51
MISCELLAN EOUS
The Miscellaneous section includes projects that do not fit into another category. The majority of the projects in this
section are technology projects that are either managed by the Information Technology Department or funded by
the Administrative Services Fund. Other projects in this section include two environmental projects funded by the
General Fund and one vehicle funded by the Customer Service Department.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the following related priority:
.:. Well Maintained Infrastructure
Project
Funding 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Total
94736
Geographic Information Sys
Adm Svcs
25,000
25,000
25,000
25,000
25,000
25,000
150,000
94761
Pollutant storage Tk Rem/
Replacement-Gen Fund
General Fund
20,000
20,000
20,000
20,000
20,000
20,000
120,000
94856
Accela Permitting & Code
Enforcement Upgrade
Adm Svcs
25,000
25,000
25,000
25,000
50,000
50,000
200,000
94803
Environmntl Assmt & Clean
General Fund
50,000
50,000
50,000
50,000
50,000
50,000
300,000
94814
Network Infrastructure & L/P-Adm Svcs 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000
Server R & R
94824
IT Disaster Recovery L/P-Adm Svcs 50,000 25,000 25,000 25,000 25,000 25,000 175,000
94827
Telecomm Upgrades L/P-Adm Svcs 50,000 25,000 25,000 25,000 50,000 25,000 200,000
94828
Financial Sys Upgrades Adm Svcs 75,000 75,000 75,000 75,000 75,000 75,000 450,000
545,000 495,000 495,000 495,000 545,000 520,000 3,095,000
continued on next page
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 30 of 51
MISCELLANEOUS (continued)
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
94829
CIS Uporade Adm Svcs 100,000 100,000 100,000 50,000 50,000 50,000 450,000
94839
Roadwav & Traffic Gas Tax 300,000 20,000 320,000
Asset Momt
Total Miscellaneous 945,000 615,000 595,000 545,000 595,000 570,000 3,865,000
94736 Geoqraphic Information System
This project has been established to link location based data from the City's numerous databases in an
enterprise qeoqraphic information system (GIS). The development of a GIS will qreatly increase the
accessibility of infrastructure, capital asset, and customer information throuqh an intuitive map-based
query application. The system will also enable public and private access to mapped information via the
Internet. Fundinq includes costs for hardware and software as well as data collection and data conversion
services.
94761 Pollutant Storaqe Tank Removal/Replacement-General Fund
This project is proposed to keep the City's pollutant storaqe tank locations in compliance with the current
Florida Department of Environmental Protection Pollutant Storaqe Tank Rules, and to reduce the potential
risk of qroundwater contamination. Expenses from this fund include tank maintenance, repair, replacement
and routine expenses related to tank insurance and compliance, and fees associated with emerqency spill
response.
94856 Accela Permittinq & Code Enforcement Upqrade
This project provides fundinq to keep the Tidemark System up to date, operatinq at optimum condition and
to pay for upqrades as needed. This project encompasses hardware, software and professional services.
94803 Environmental Assessment and Clean-up
This project has been established to provide fundinq for the assessment and remediation of contaminated
sites owned or acquired by the City. This project is intended to meet the current state requirements set forth
in Chapters 62-761, 62-770 and 62-777 of the Florida Administrative Code, requirinq the City to meet
mandatory tarqet clean-up levels. This requires mandatory tarqet clean-up levels of sites where
contamination could affect a potable water supply or could pose a health or safety risk to the public. This
proqram also reduces the potential risk of off-site contamination to private property and the potential for
third party liability claims aqainst the City.
94814 Network Infrastructure and Server Renewal and Replacement
This project will replace network hardware (switches and routers) and uPGrade several enterprise system
servers on the City's computer network. The City's wide area network incorporates more than eG 55
different access locations throuqhout Clearwater. Much of the infrastructure equipment is aqinq and not
capable of handlinq the increased volumes of data as the City's computinq systems qrow. These upqrades
will improve performance and efficiency of the network and systems, and enable tiered manaqement of
network traffic. The project will also fund the purchase of network and bandwidth manaqement software,
a new fiber switch and new router blades. Beqinninq in FY '08, this project will fund the maintenance of
the Police network and infrastructure maintenance.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 31 of 51
MISCELLANEOUS (continued)
94824 IT Disaster Recovery
This project will establish an off-site business operations center for miSSion critical systems necessary to
maintain City operations (i.e., Finance, Customer Service, Asset Manaqement, GIS, payroll, etc.). The
project will include the purchase of backup equipment to store data and run systems from a remote
location, and establish necessary connectivity. In FY 2008/09, the project will provide fundinq to outfit
backup data centers at General Services and Fire Station 48.
94827 Telecommunications Upqrades
This project will provide fundinq for the uPGrade of telecommunications equipment includinq Nortel
switches, handsets and software.. The additional fundinq in FY 2008/09 will provide fund for ACD
(automated call distribution) capabilities, the purchase of new switches and the upqrade of the phone
systems at MSB, PD and General Services.
94828 Financial Systems Upqrades
This project provides fundinq to keep the financial systems (PeopleSoft, Ross and Risk Manaqement) up to
date, operatinq at optimum condition and to pay for upqrades as needed. This project encompasses
hardware, software and professional services.
94829 CIS Upqrades
This project provides fundinq for upqrades of the Customer Information System (CIS). This system supports
City utilities.
94839 Roadway & Traffic Asset Manaqement
This project provides fundinq for the automated asset manaqement (AIM) system. This system will help
manaqe and maintain the existinq and future infrastructure, but will also leveraqe other developinq City
technoloqy. When complete, the system will identify the most appropriate projects based on
comprehensive information. The system will also provide a workflow for maintenance that can reduce cost
by efficiency and preventative maintenance.
ANNUAL OPERATING BUDGET IMPACT
Proiect FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Network Infrastructure & Server R & R (2) 0.0 88,700 1 77 ,400 266,100 266,100 266,100 266,100
IT Disaster Recoverv (2) 0.0 1 7,740 26,610 35 ,480 26,610 26,610 1 7,740
Telecomm UPGrades (2) 0.0 1 7,740 26,610 35,480 26,610 35,480 35,480
Total Miscellaneous 0.0 124.180 230.620 337 .060 319 .320 328.190 319 .320
(2) Operatino costs are for debt service to be funded bv the Administrative Services Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 32 of 51
STORMWATER UTILITY
This Stormwater utility section includes projects that support the Stormwater utility operations of the City. All projects
are included in the Rate study approved by the City Council in June 2006.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinG related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
96124
storm Pipe System Stormwater 800,000 800,000
Improvements Future Bond Issue 900,000 900,000 1 ,000,000 1 ,000,000 1,1 00,000 4,900,000
96168
Stormwater System Stormwater 500,000 600,000 328,720 700,000 700,000 800,000 3,628,720
Expansion Future Bond Issue 271 ,280 271,280
96169
Stevenson Creek Stormwater 1 ,060,000 569 ,990 1,816,510 263,970 1 ,468,360 353,050 5,531 ,880
Future Bond Issue 1,610,010 1 ,983,490 3,206,030 1,131,640 2,146,950 10,078,120
96170
Coastal Basins Stormwater 921 ,680 570,000 450,000 263,970 305,720 2,511 ,370
Proiects FY '09 Bond 678,320 678,320
Future Bond Issue 2,630,000 1 ,550,000 2,211 ,030 1 ,094,280 1 ,600,000 9,085,310
961xx
TV Truck & Camero
L/P-Strmwtr
300,000
300,000
961xx
Vaccon Sewer
Cleaner
L/P-Strmwtr
300,000
300,000
961xx
Alliaator Creek Stormwater 450,000 263,970 305,720 1,019 ,690
Watershed Proiects Future Bond Issue 2,830,000 2,711 ,030 1 ,694,280 2,100,000 9,335,310
Total stormwater 3,960,000 7,180,000 10,880,000 10,620,000 7,700,000 8,100,000 48,440,000
96124 Storm Pipe System Improvements
This project provides for repair and restoration of stormwater system components and for technical
evaluation of storm water problems. A siGnificant portion of this project will be lininG or replacement of
existinG deterioratinG pipe.
Comprehensive Plan Objective: (19.6) Continue to provide sound fiscal manaGement of the stormwater
manaGement systems to include maintenance, operation and construction in accordance with the
watershed manaGement plans and concurrent with its implementation.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 33 of 51
STORMWATER UTILITY (continued)
96168 Stormwater System Expansion (replaces Storm System Expansion)
This project provides for reduction of structure, street and property floodinq or improvements to water
quality throuqh property acquisition and/or expansion of the existinq stormwater system. Property
acquisition may be exercised where it is determined that floodinq may be alleviated or area for water
quality treatment is provided.
Comprehensive Plan Objectives: (19.3) Lower hiqh water profiles durinq storm events, as necessary, to
reduce house floodinq occurrences and to lessen the resultinq adverse effects on public health, the
natural environment, public and private property. (19.4) Continue the implementation of the most cost
effective and efficient plan to reduce the occurrence of street floodinq where safety issues and traffic
problems exist as prioritized and set forth in the Capital Improvement Element, and listed in the stormwater
manaqement plans.
96169 Stevenson Creek Watershed Projects (replaces Stevenson Creek Implementation Projects)
This project provides for the implementation of water quantity and quality projects within the Stevenson
Creek watershed, includinq those identified in the Stevenson Creek Watershed Manaqement Plan, to
abate structure and street floodinq, improve water quality, add, upqrade or restore Stormwater
infrastructure and comply with mandated operation, maintenance and reportinq requirements. FY 2008/09
will include Sprinq Branch and Turner Street box culverts.
Comprehensive Plan Objective: (19.2) The City of Clearwater shall continue to develop watershed
manaqement plans which should seek to identify, evaluate and implement the most cost effective and
cost efficient proqrams for Stormwater manaqement, includinq Stormwater quantity and quality. These
plans should also address any projects included in the Pine lias county Stormwater Manaqement Plan
(SWMP) for the implementation of all Stormwater manaqement, as well as recommended fundinq sources.
96170 Coastal Basin Projects (replaces Coastal Basins Improvements)
This project provides for the implementation of water quantity and quality projects within the City's coastal
basins to abate structure and street floodinq, improve water quality, add, upqrade or restore Stormwater
infrastructure and comply with mandated operation, maintenance and reportinq requirements. FY 2008/09
will include Tropic Hills outfall improvements.
Comprehensive Plan Objectives: (19.3) Lower hiqh water profiles durinq storm events, as necessary, to
reduce house floodinq occurrences and to lessen the resultinq adverse effects on public health, the
natural environment, public and private property. (19.5) Protect and enhance the quantity of receivinq
waters by the use of "Best Manaqement Practices" in accordance with the adopted watershed
manaqement plans.
961 xx TV Truck & Camera
This project provides fundinq for an additional TV truck with a camera. The equipment will record data and
monitor the City's 120-mile stormwater drainaqe system and facilitate the identification of old and
deterioratinq pipe.
Comprehensive Plan Objective: (19.6) Continue to provide sound fiscal manaqement of the stormwater
manaqement systems to include maintenance, operation and construction in accordance with the
watershed manaqement plans and concurrent with its implementation.
961 xx Vaccon Sewer Cleaner
This project provides fundinq for an additional Vaccon Sewer Cleaner to accommodate the required
increase maintenance of new pollution control boxes in the downtown and beach areas.
Comprehensive Plan Objective: (19.6) Continue to provide sound fiscal manaqement of the stormwater
manaqement systems to include maintenance, operation and construction in accordance with the
watershed manaqement plans and concurrent with its implementation.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 34 of 51
STORMWATER UTILITY (continued)
961 xx Alliqator Creek Watershed Projects (replaces Alliqator Creek Implementation Projects-Phase II)
This project provides for the implementation of water quantity and quality projects within the Alliqator
Creek watershed. Includinq those identified in the Alliqator Creek Watershed Manaqement Plan, to abate
structure and street floodinq, improve water quality, add, upqrade or restore Stormwater infrastructure and
comply with mandated operation, maintenance and reportinq requirements.
Comprehensive Plan Objective: (19.2) The City of Clearwater shall continue to develop watershed
manaqement plans which should seek to identify, evaluate and implement the most cost effective and
cost efficient proqrams for Stormwater manaqement, includinq stormwater quantity and quality. These
plans should also address any projects included in the Pinellas County Stormwater Manaqement Plan
(SWMP) for the implementation of all stormwater manaqement, as well as recommended fundinq sources.
ANNUAL OPERATING BUDGET IMPACT
Proiect FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
TV Truck & Camero (2), (3), (6) LQ 118,650 121,190 123,850 126,580
Vaccon Sewer Cleaner (2), (6) 0.0 94,370 95,690 97,080 98,540 100,020
Total storm water Utility 1.0 94.370 214.340 218.270 222.390 226.600
(2) Operatina costs are far debt service to be funded bv the Starmwater Utilitv Fund.
(3) ODeratina costs are for Dersonal services.
(6) Operatino costs are for Fleet Maintenance.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 35 of 51
GAS SYSTEM
The Gas System section includes proiects that support the Gas System operation for the City. The majority of these
projects are maintenance projects to maintain the system. Also, included in this section are also several projects for
the continued expansion of the system. All projects are funded by the Gas Fund.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the
City Council's Vision and the followinq related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
96358
Environmental Remediation Gas 150,000 150,000 150,000 150,000 150,000 750,000
96365
Line Relocation Pinellas-Maint Gas 250,000 250,000 250,000 250,000 250,000 1 ,250,000
96367
Gas Meter Chanae Out-Pinellas Gas 210,000 210,000 210,000 210,000 210,000 210,000 1 ,260,000
96374
Line Relocation Pinel las-Cop Gas 300,000 300,000 300,000 300,000 300,000 1 ,500,000
96376
Line Relocation Pasco-Maint Gas 100,000 100,000 100,000 100,000 100,000 100,000 600,000
96377
Pinellas New Mains & Svc Lines Gas 200,000 1 ,200,000 1 ,200,000 1 ,300,000 1 ,300,000 1 ,300,000 6,500,000
96378
Pasco New Mains & Svc Lines Gas 300,000 3,200,000 3,500,000 3,300,000 3,300,000 3,300,000 16,900,000
96379
Gas Meter Chanae Out-Pasco Gas 210,000 210,000 210,000 210,000 210,000 210,000 1 ,260,000
96381
Line Relocation Pasco-Cop Gas 300,000 300,000 300,000 900,000
96384
Buildina Renovation Gas 125,000 125,000 125,000 125,000 125,000 125,000 750,000
96385
Gas Main Extensions General Fd 200,000 200,000 200,000 200,000 200,000 1 ,000,000
Total Gas System 1,645,000 5,945,000 6,245,000 6,145,000 6,445,000 6,245,000 32,670,000
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 36 of 51
GAS SYSTEM (continued)
96358 Environmental Remediation
This project will provide fundinq for c1eaninq up the old qas plant site as may be required by the Florida
Department of Environmental Protection. The site is located between Jones street on the south, Maple
street on the north, Myrtle Avenue on the east, and Railroad Avenue on the west. The Florida Department
of Environmental Protection will be providinq us, at some future date, their requirements for the remediation
on the property. Other environmental locations requirinq remediation will also be funded from this project,
as the requirement is determined. Fundinq for this will be recovered throuqh the Environmental Imposition
Adjustment clause in the Gas System rates.
Comprehensive Plan Objective: To provide a safe and efficiently qas system that meets State and Federal
requlations.
96365 Line Relocation Pine lias - Maintenance
This is a continuinq project to fund the removal of abandoned qas lines as required by the State
Department of Transportation.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96367 Gas Meter Chanqe Out - Pine lias
To provide fundinq for continually maintaininq accurate qas meters in Pine lias County to maximize qas
revenues.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96374 Line Relocation Pine lias - Capitalized
This is a continuinq project to relocate qas mains for road construction and upqrades to the mains. This
portion of the project involves work that adds to the value of the qas system and is therefore capitalized.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96376 Line Relocation Pasco - Maintenance
This is a continuinq project to fund the removal of abandoned qas lines as required by the State
Department of Transportation.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96377 Pinellas New Mains and Service Lines
This project will provide for extension of qas mains and services as well as new mains and services within
Pinellas County. It will fund related activities such as capital replacement of obsolete cast iron and
qalvanized mains, liquid propane service.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96378 Pasco New Mains and Service Lines
This project will provide for extension of qas mains and services as well as new mains and services within
Pasco County. It will fund related activities such as capital replacement of obsolete cast iron and
qalvanized mains, liquid propane service.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96379 Gas Meter Chanqe Out - Pasco
To provide fundinq for continually maintaininq accurate qas meters to maximize qas revenues. Fundinq of
this project will come from available qas system revenues.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 37 of 51
GAS SYSTEM (continued)
96381 Line Relocation Pasco - Capitalized
This is a continuinq project to relocate qas main for road construction and uPGrades to the mains. This
portion of the project involves work that adds to the value of the Gas System and is therefore capitalized.
Fundinq for this project will come from available qas system revenues.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
96384 Buildinq Renovation
This project provides fundinq to purchase property in Pasco County as well as to renovate the buildinq at
Myrtle Avenue to include the Sales Office and Showroom. This capital project will save the rental costs of
the current Sales office. Operatinq costs will be reduced by rental expense; all other operatinq costs will be
offset from one location to the other. Fundinq for this project will come from available qas system revenues.
96385 Gas Main Extensions
This project provides fundinq for the extension of natural qas mains in existinq residential communities within
the City of Clearwater. These extensions are funded by the General Fund and do not meet feasibility under
the Gas System seven-year payback formula.
Comprehensive Plan Objective: To provide a safe and efficient qas system that meets State and Federal
requlations.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 38 of 51
SOLID WASTE
The Solid Waste section includes projects that support the Solid Waste operations of the City. Included in this
section are projects for facility maintenance and major repairs, vehicle and container replacements, as well as the
implementation of a commercial weiaht based system. All projects are funded by either Solid Waste revenue or
throuah Lease Purchase contracts paid by the Solid Waste Fund.
Projects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision
and the followina related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neiahborhoods
Projects in this section also support the "Clearwater Provides the Infrastructure to Support All its Attributes" element
of the City Council's Vision and the followina related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 TOTAL
96426
Facility R&R Solid Waste 55,000 55,000 100,000 105,000 315,000
96442
Vehicle Replacements LIP-Sol Wst 160,000 170,000 180,000 190,000 190,000 190,000 1 ,080,000
96443
Residential Container Solid Waste 110,000 110,000 110,000 110,000 141,000 150,000 731 ,000
Acauistion
96444
Comm Container Acauistion Solid Waste 240,000 240,000 250,000 250,000 282,000 290,000 1 ,552,000
964xx
Comm Weiaht Based Mamt Svs LIP-Sol Wst 150,000 150,000
Total Solid Waste 510,000 670,000 595,000 605,000 713,000 735,000 3,828,000
96426 Facility R&R
This project provides for the repair or modification of site and land improvements, buildinas, machinery and
equipment at the two (2) Solid Waste facilities. Major emphasis on maintenance and extendina useful lives
of fixed assets is required to ensure minimum downtime. The Transfer Station requires replacement of
necessary components to maintain and uparade the oriainal equipment installed in 1971. The current
available balance in the project will provide fundina for this project for the next several years.
Comprehensive Plan Objective: (18.3) Continue to provide sound fiscal manaaement for solid waste
collection, disposal and recyclina as it develops.
96442 Vehicle Replacements
This project provides for the replacement of Solid Waste maintenance and operatina expense (M&O)
owned vehicles, and other motorized equipment on an on-aoina basis. Planned for FY 2008/09 is the
replacement of one roll-off vehicle and one front-end loader.
Comprehensive Plan Objective: (18.3) Continue to provide sound fiscal manaaement for solid waste
collection, disposal and recyclina as it develops.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 39 of 51
SOLID WASTE (continued)
96443 Residential Container Acquisition
This project includes the replacement of approximately 5-10% of the 26,800 automated containers in the
field, and the acquisition of new 90-qallon automated containers to meet the anticipated less than 1 %
annual qrowth of residential customers. Experience indicates that 2,700 containers will be required
annually, at a current cost of approximately $59 each. Also included in this project is the cost of
replacement parts, when automated containers can be repaired.
Comprehensive Plan Objective: (18.3) Continue to provide sound fiscal manaqement for solid waste
collection, disposal and recyclinq as it develops.
96444 Commercial Container Acquisition
This is an on-qoinq project for the purchase and replacement of roll-off containers, compactors and
dumpsters for approximately 3,200 commercial accounts. This project includes the replacement of
containers damaqed or deteriorated durinq their normal useful life of five (5) years; and the acquisition of
additional compactors, roll-offs and dumpsters to meet system qrowth.
Comprehensive Plan Objective: (18.3) continue to provide sound fiscal manaqement for solid waste
collection, disposal and recyclinq as it develops.
964xx Commercial Weiqht Based Manaqement System
This project provides for the development and implementation of a commercial solid waste system that
more equitably charqes the commercial customers for the appropriate cost of disposal. Currently, rates for
commercial containers (dumpsters) are based on cubic yard capacity while disposal charqes are based
on weiqht. With technoloqy beinq developed and tested now, commercial customers would be charqed
for their disposal cost based on the actual weiqht of their refuse when implemented in FY 2009/l O.
Comprehensive Plan Objective: (18.3) Continue to provide sound fiscal manaqement for solid waste
collection, disposal and recyclinq as it develops.
ANNUAL OPERATING BUDGET IMPACT
Proiect FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14
Vehicle Replacements 121 35,390 72,990 112,800 154,820 196,840 203,470
Comm Weiaht Based Mamt SVS 121 33,170 33,170 33,170 33,170 33,170
Total Solid Waste 0.0 35.390 106.160 145.970 187.990 230.010 236.640
121 Oaeratina costs are far debt service to be funded bv the Solid Waste Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 40 of 51
UTILITIES MISCELLANEOUS
The utilities Miscellaneous section includes utilities projects that support more than one utilities operation. These
projects are typically funded by one or more of the utilities operations dependinq on which operation the project
supports.
The projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element
of the City Council's Vision and the followinq related priority:
.:. Well Maintained Infrastructure
Proiect
Fundina
2008/09
2009/10
2010/11 2011/12 2012/13 2013/14
Total
96516
City-Wide Aerial
Photoaraphv
Water
Sewer
Stormwater
6,000
6,000
6,000
6,000
6,000
6,000
12,000
12,000
12,000
96523
Public utilities Adm utilitv R&R 26,000 26,000 26,000 26,000 26,000 26,000 156,000
Buildina R&R
Total PWA/Utilities Miscellaneous 26,000 26,000 44,000 26,000 26,000 44,000 192,000
96516 City Wide Aerial Photoqraphy
The Public Works Department maintains a 100% scale atlas of aerial photoqraphy, which is updated on the
desirable schedule of every four (4) years. The aerial atlas is widely used by the public and many divisions of
the City for information and planninq. The Enqineerinq Division uses the aerials in conjunction with
permittinq, construction drawinqs, and as an important source of historical information. The aerial atlas
presently in use was flown in December 2007.
96523 Public utilities Administration Buildinq R&R
This project provides fundinq for the buildinq and equipment upqrades for the Public utilities Complex to
include the Public utilities Administration Buildinq, Motor Shop, Meter Shop and Supervisors Buildinq.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
SEWER SYSTEM
Attachment number 3
Page 41 of 51
The Sewer System section includes proiects that support the Sewer System operations for the City. All projects,
except the projects funded with Lease Purchase, are included either in the current Rate Study or a future Rate
Study.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of
the City Council's Vision and the following related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
Project
Funding
96615
Odor Control
utility R&R
96619
WWTP Generator
Replacement
2008/09
2009/10
72,520
FY '09 Bond Issue 1,126,400
Future Bond Issue 1,000,000
96630
Sanitary Sewer
Extensions
Sewer Impact
96634
Sanitary utility
Relocation
Sewer
utility R&R
96645
Laboratory Upgrade
and R&R
utility R&R
Sewer
96654
Facilities Upgrade &
Improvement
FY '09 Bond Issue
Future Bond Issue
Sewer
utility R&R
96664
Water Pollution
575,000
183,520
266,680
56,270
90,830
468,830
Control R&R
Future Bond Issue
FY '09 Bond Issue 1,159,700
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
500,000
463,710
57,960
622,000
2010/11
149,940
500,000
750,000
59,700
500,000
2011 /12
500,000
250,000
61,000
995,430
1,176,030 1,113,230 1,912,460
2012/13
500,000
28,630
221,370
62,800
24,070
475,930
857,310
2013/14
500,000
500,000
64,700
31,720
645,750
396,280
480,000
Total
222,460
1,126,400
1,000,000
3,075,000
212,150
2,451,7 60
178,660
183,770
90,830
1,153,720
1,138,650
1,867,640
1,159,700
5,539,030
3,927,230 3,892,220 3,072,870 3,718,890 2,170,110 2,618,450 19,399,770
continued on next page
Item # 16
Attachment number 3
Page 42 of 51
SEWER SYSTEM (continued)
Project Funding 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
96665
Sanitary Collect & FY '09 Bond Issue 2,1 62,000 2,1 62,000
Transmission R&R Future Bond Issue 2,868,600 3,765,000 5,429,800 4,271,800 3,663,700 19,998,900
96666
WWTP East Bypass & FY '09 Bond Issue 62,000 62,000
NE Pump Future Bond Issue 1,548,400 40,000 1,588,400
96670
Pollutant Storage utility R&R 7,880 8,120 8,300 24,300
Tank R&R - WPC Sewer 7,650 8,550 8,810 25,010
96686
Pump Station FY '09 Bond Issue 1,321,000 1,321,000
Replacement Future Bond Issue 1,110,000 2,228,000 2,794,000 645,000 1,465,000 8,242,000
966xx
NE WWTP Thermal Future Bond Issue 2,157,370 2,157,370
Dryers
966xx
WWTP UV Disinfect Future Bond Issue 1 ,823,260 1,823,260
96202
WWTP Screw Pump utility R&R 846,910 302,950 157,390 255,900 1,563,150
Replacement
Total Sewer 8,326,790 9,730,050 9,073,990 12,108,380 7,351,360 11,776,590 58,367,160
96615 Odor Control
This project provides fundinG for the enclosure of channels/tanks to minimize air volumes for treatment.
Comprehensive Plan Objective: (14.2) Accomplish advanced wastewater treatment improvements at all
water pollution control facilities in accordance with FDEP and USEPA requirements.
96619 WWTP Generator Replacements
This project provides fundinG for the replacement of the back up Generators (two (2) per year) at the East,
Marshall street and Northeast WWTP's.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (AWT) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 43 of 51
SEWER SYSTEM (continued)
96630 Sanitary Sewer Extensions
This project provides new sanitary sewer service to residents within the City of Clearwater service area.
Comprehensive Plan Objective: (17.1) To maintain adequate levels of service for existinG and future
populations.
96634 Sanitary utility Relocation
The project provides fundinG for the relocation of sanitary sewer infrastructure to accommodate roadway
improvements by Florida DOT, Pine lias County, and the City of Clearwater. Projects include: US 19 (Whitney
to Seville), US 19 (Sunset Point to Countryside Blvd), US 19 (Seville to SR 60), Sunset Point Road (US 19A to
Keene), McMullen Booth at Drew Street, Nursery Road (Belcher to US 19), Belleair Road at Keene Road,
ProGress EnerGY Trail, Pinellas Trail, Druid Trail, SR 60/Memorial Causeway (east of Island Way to Ft. Harrison),
Beach Walk, Osceola Streetscape and Pinellas County railroad crossinG improvements at Hercules Avenue
and Belleair Road. Comprehensive Plan Objective: (17.1 ) To maintain adequate levels of service for
existinG and future populations.
96645 Laboratory UPGrade and R&R
The project provides for the repair, replacement and uPGrade of the existinG laboratory instrumentation to
meet state and federal testinG requirements for wastewater, bio-solids, reclaimed water, and
environmental monitorinG, stormwater treatment and potable water.
Comprehensive Plan Objective: (17.1) To maintain adequate levels of service for existinG and future
populations.
96654 Facilities UPGrade and Improvement
The project provides fundinG for future improvements and uPGrades at the City's three (3) Am plants and
bio-solids facility.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (Am) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
96664 Water Pollution Control R&R
The project provides for the desiGn, repair, rehabilitation, and replacement of Water Pollution Control Plant
and bio-solids facility items such as sludGe chains, pumps, motors, associated plumbinG, instruments, and
minor facility repair to return or maintain the Water Pollution Control facilities to or at desiGned capability.
Comprehensive Plan Objective: (17.1) To maintain adequate levels of service for existinG and future
populations.
96665 Sanitary Collect and Transmission R&R
The project provides General system wide condition inspections, rehabilitation and new appurtenances.
Comprehensive Plan Objective: (17.1) To maintain adequate levels of service for existinG and future
populations.
96666 WWTP East Bypass and Northeast Pump
This project provides fundinG for modifications for East wmp Anoxic Tank Bypass System for FY 2009/10,
and RAS Pump Station improvements and uPGradinG of the second anoxic flow split at Northeast in FY
2013/14.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (Am) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
96670 Pollutant StoraGe Tank R&R - WPC
This project provides for the systematic replacement of below Ground tanks and maintenance of new
above Ground tanks at all pollution control plants.
Comprehensive Plan Objective: (17.1) To maintain adequate levels of service for existinG and future
populations.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 44 of 51
SEWER SYSTEM (continued)
96686 Pump Station Replacement
This project provides fundinq to inspect, rehabilitate or replace existinq pump stations systems, their related
force mains and telemetry systems to adhere to current industry and requlatory requirements.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (AWT) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
966xx NE WWTP Thermal Dryers
This project provides for the installation of bio-solids dryers for the disposal of dried bio-solids to meet FDEP
and EPA class A requlations.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (AWT) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
966xx WWTP UV Disinfection
This project provides fundinq for the installation of UV disinfection systems at all three (3) plants, includinq
lamp systems and electrical modifications.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (AWT) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
96202 WWTP Screw Pump Replacements
This project provides fundinq for modifications and improvements to the existinq Archimedes Screw Pump
facilities at the Northeast WWTP for 2008/09, followed by improvements at the Marshall Street WWTP in FY
2009/10 and the East WWTP in FY 2011/12 and FY 2012/13. Work includes addinq submersible pump
capabilities to the internal recycle process at all three plants.
Comprehensive Plan Objective: (17.2) The City shall continue to produce advanced wastewater
treatment (AWT) improvements at all water pollution control facilities in accordance with FDEP and USEPA
requirements.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
WATER SYSTEM
Attachment number 3
Page 45 of 51
The Water System section includes projects that support the Water System operations for the City. All projects,
except the projects funded with Lease Purchase, are included either in the current Rate Study or a future Rate
Study.
Projects in this section support the "Clearwater Provides the Infrastructure to Support all its Attributes" element of
the City Council's Vision and the followinq related priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
96721
System R&R -Maint
96739
Reclaimed Water
Distribution System
96740
Water Supply &
Treatment
96741
System R&R -
Capitalized
96742
Line Relocation -
Capitalized
96743
Meter/Backflow Repl
/Change Out
96744
System Expansion
utility R&R
Water
FY '09 Bond Issue
25,000
863,400
Sewer Revenue 3,847,100
Future Bond Issue
utility R & R
utility R&R
utility R&R
utility R&R
Future Bond Issue
utility R&R
Water Impact
Water
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
300,000
250,000
550,000
650,000
250,000
6,735,500
25,000
2,921,470
300,000
850,000
234,340
165,660
650,000
250,000
5,396,470
25,000
985,670
1,649,150
325,000
239,300
954,570
1,145,430
650,000
250,000
6,224,120
continued on next paae
25,000
25,000
25,000
75,000
75,000
863,400
4,832,770
81,0203,189,390 6,000,000 13,841,030
368,980 1,160,610
325,750
250,000
250,000
650,000
250,000
376,530
250,000
378,820
850,000
250,000 1,000,000
650,000
119,210
130,790
650,000
81,910
168,090
1,529,590
2,006,100
2,689,300
3,238,910
1,311,090
3,900,000
1,201,120
298,880
2,200,750 6,151,530 9,153,820 35,862,190
Item # 16
Attachment number 3
Page 46 of 51
WATER SYSTEM (continued)
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
96752
Water Service Lines FY 'Cfl Bond Issue 500,000 500,000
Future Bond Issue 500,000 500,000 500,000 500,CD0 500,000 2,500,000
96757
Water Pick-up Trucks L/P-Water 33,780 34,770 68,550
96758
Fluoride in Water Svs Future Bond Issue 1 ,307,590 1 ,307,590
96760
Elevated Water Tks FY 'Cfl Bond Issue 250,000 250,000
96764
Reverse Osmosis FY 'Cfl Bond Issue 4,562,600 4,562,600
Expansion - Res #1 Future Bond Issue 2,236,250 4,987,000 7,223,250
96767
Reverse Osmosis FY 'Cfl Bond Issue 2,552,300 2,552,300
@ Reservoir #2 Future Bond Issue 1 ,516,830 1,11 7,230 15,178,160 7,852,040 25,664,260
Water Revenue 3,571 ,770 3,571 ,770
96768
Rebate-Well ,Lake , Water 50,000 50,CD0 50,000 150,000
Pond Iria Abd utilitv R&R 50,000 50,000 50,000 150,000
96770
Hydra stop System L/P-Water 36,000 36,000
967xx
RO Pick-up Trucks LIP-Water 40,000 40,000
Total Water System
14,720,180
9,699,550 12,913,120 17,928,910 18,125,340 11,051,410
84,438,510
Total Sewer
8,326,790
9,730,050 9,073,990 12,108,380 7,351,360 11,776,590
58,367,160
96721 System R&R - Maintenance
This is an on-qoinq proqram relatinq to maintenance, repair or replacement of water mains, service lines,
valves, fire hydrants, miscellaneous equipment, and damaqed facilities. Work involves maintenance, repair
and replacement of facilities that do not involve upqradinq.
Comprehensive Plan Obiective: (21.3) Continue to maintain the water system in a safe, sound and efficient
manner on a daily basis.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 47 of 51
WATER SYSTEM (continued)
96739 Reclaimed Water Distribution System
This project provides for the continued expansion of the City's Reclaimed Water System based on the
Reclaimed Water Master Plan.
Comprehensive Plan Objective: (21.2) To provide adequate quantities and qualities of water services to all
customers in the Clearwater service area; for the City's water system to be compatible with the
environment; and also seek to conserve and protect sensitive natural resources.
96740 Water Supply and Treatment
This project provides fundinG for maintenance, replacement, and uPGrade of supply facilities.
Comprehensive Plan Objective: (21.2) To provide adequate quantities and qualities of water services to all
customers in the Clearwater service area; for the City's water system to be compatible with the
environment; and also seek to conserve and protect sensitive natural resources.
96741 System R&R - Capitalized
This project involves the repair and replacement of water mains, service lines, valves, fire hydrants, and
facilities equipment, etc. that are uPGraded durinG the repair/replacement process. FundinG for
capitalized labor, equipment and material for in-house work is included.
Comprehensive Plan Objective: (21.3) Continue to maintain the water system in a safe, sound and efficient
manner on a daily basis.
96742 Line Relocation - Capitalized
This is an on-GoinG project to relocate water mains and related facilities conflictinG with public works
projects of various Governmental entities and which are uPGraded durinG relocation. FundinG for
capitalized labor, equipment and material for in-house work is included. Planned work includes US 19
(Sunset to Countryside), US 19 (Whitney to Seville), US 19 (Seville to SR 60), US 19 @ SR 60 Sunset Point (Alt US
19A to Keene), McMullen Booth at Drew Street, Nursery Road (Belcher to US 19), Belleair Road at Keene
Road, ProGress EnerGY Trail, Pinellas Trail, Druid Trail, SR 60/Memorial Causeway (east of Island Way to Ft.
Harrison), Beach Walk, Osceola Streetscape and Pinellas County railroad crossinG improvements at
Hercules Avenue and Belleair Road.
Comprehensive Plan Objective: (18.4) To provide sound fiscal manaGement for the operation and
maintenance for potable water service in the City's service area.
96743 Meter /Backflow Replacement/ChanGe Out
This is an on-GoinG project to repair/replace water meters, backflow prevention devices, and accessories
to assure accurate flow measurement, maximum revenues, and proper operation.
Comprehensive Plan Objective: (21.3) Continue to maintain the water system in a safe, sound and efficient
manner on a daily basis.
96744 System Expansion
This project provides fundinG and capitalizes Water Division labor, equipment and material expenses
relatinG to additions to Clearwater's distribution system, includinG new meters, backflow prevention
devices, main extensions, etc. Location of work areas is determined by customer demand.
Comprehensive Plan Objective: (21.1) To maintain adequate levels of service for existinG and future
populations.
96752 Water Service Lines
This project is to uPGrade the City's existinG Galvanized water service lines that are in poor condition.
Comprehensive Plan Objective (21.1 ) To maintain adequate levels of service for existinG and future
populations.
96757 Water Pick up Trucks
This project provides fundinG for the purchase of two (2) additional 1-ton pick up trucks. The vehicles will be
used to perform required annual inspections of the Reclaimed Water System as contained in the
Reclaimed Water Master Plan in years 2006-2012.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 48 of 51
WATER SYSTEM (continued)
96758 Fluoride in Water System
This project provides fundinq for the City of Clearwater treatment ad distribution system to be modified to
include fluoride injection at each of the City's reservoirs.
Comprehensive Plan Objective: (21.3) Continue to maintain the water system in a safe, sound and efficient
manner on a daily basis.
96760 Elevated Water Tanks Upqrade
This project provides fundinq for the renovation and related distribution system work for water and fire
protection concerns and the removal of the Del Oro tank in 2009.
Comprehensive Plan Objective: (21.3) Continue to maintain the water system in a safe, sound and efficient
manner on a daily basis.
96764 Reverse Osmosis Plant Expansion - Reservoir # 1
This project provides fundinq for the expansion of the City's existinq RO Plant potentially addinq one (1)
MGD in water production. This includes wells, raw water pipinq and plant equipment.
Comprehensive Plan Objective: (21.2) To provide adequate quantities and qualities of water services to all
customers in the Clearwater service area.
96767 Reverse Osmosis Plant at Reservoir #2
This project provides fundinq for brackish wells, raw water pipelines, 3.5 MGD brackish RO Plan with brine
disposal to injection well. Additional operatinq costs for this project will not beqin until 2014.
Comprehensive Plan Objective: (21.2) To provide adequate quantities and qualities of water services to
all customers in the Clearwater service area.
96768 Rebate-Well, Lake, Pond Irriqation Abandonment
This project provides fundinq for the Well. Lake, Pond Irriqation Abandonment proqram that was approved
by the City Council May 3, 2007. This proqram provides a homeowner a rebate if they are willinq to
properly abandon a private well. lake or pond irriqation system, when establishinq reclaimed water service
at their residence.
Comprehensive Plan Objective: (21.2) To provide adequate quantities and qualities of water services to all
customers in the Clearwater service area; for the City's water system to be compatible with the
environment; and also seek to conserve and protect sensitive natural resources.
96770 Hydra stop System
This device is used to install a valve without shuttinq down a water main. This system would eliminate many
of the boil water notices we post, the completely shuttinq down a water main for tie-ins or cut & caps, and
hirinq a contractor to make taps.
967xx RO Plant Pick-up Trucks
This project provides fundinq for two (2) additional 1/2 ton pick-up trucks to be used by the additional
personnel to investiqate plant arms (operational and chemical) at other Water Treatment Plants and to
collect water samples as needed.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 49 of 51
WATER SYSTEM (continued)
ANNUAL OPERATING BUDGET IMPACT
Proiect FTE's 2008/09 2009 /1 0 2010/11 2011/12 2012/13 2013/14
Reclaimed Water Distribution 2.0 56,900 59,500 62,800 66,100 69,500 73,100
System (3) (4) (8)
Water Pick up Trucks 121, (6) 0.0 9,370 9,270 9,270 18,760 18,7 60 9,490
Elevated Water Tonks Upqrade Ill, (4) 0.0 35,280 37,040 38,890 40,840 42,880 45,020
Reverse Osmosis Plant Expansion -
Reservoir #1 (1) (4) (8) 0.0 498,400 523,820 550,520
Reverse Osmosis Plant @ 8.0 2,299 ,870
Reservior #2 (1) (3) (4) (8)
RO Pick-up Trucks (2) (6) 0.0 12,690
Hydro stop System (2) 0.0 7,960 7,960 7,960 7,960 7,960
Total Water System 10.0 109,510 113,770 118,920 632,060 662,920 2,990,690
(1) ODeratina costs are for maintenance.
(2) Operatino costs are for debt service to be funded bv the Water & Sewer Fund.
(3) ODeratina costs are for Dersonal services.
(4) ODeratina costs are for utilities.
(6) Operatino costs are for Fleet Maintenance.
(81 ODeratina costs are for chemcials and/or other oDeratina sUDDlies.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 50 of 51
RECYCLING
The Recyclinq section includes projects that support the Recyclinq operations of the City. Included in this section
are projects for the replacement of equipment and containers as well as the promotion of recyclinq participation.
All projects are funded by either Recyclinq Fund revenue or throuqh Lease Purchase contracts with the debt paid
by the Recyclinq Fund.
Projects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision
and the followinq related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neiqhborhoods
Proiect Fundina 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total
96804
Recyclina Container Recyclina 49 ,000 50,000 99,000
Acauistion
96805
Recyclina Expansion R&R Recyclina 47,000 50,000 97,000
& Participation Proarams
96806
Recyclina Eauipment L/P-Recyclina 160,000 220,000 290,000 290,000 290,000 300,000 1 ,550,000
Replacement
Total Recvclina 160,000 220,000 290,000 290,000 386,000 400,000 1 ,746,000
96804 Recyclinq Container Acquisition
This project provides for the purchase and replacement of recyclinq bins, carts/containers and dumpsters
for the City's three Recyclinq Proqrams - Residential, Multi-Family and Commercial. The current available
balance in the project will provide fundinq for this project throuqh FY 2011 /12. Then new fundinq will once
aqain be required.
Comprehensive Plan Objective: (18.3) Continue to provide sound fiscal manaqement for solid waste
collection, disposal and recyclinq as it develops.
96805 Recyclinq Expansion, R&R and Participation Proqrams
This project promotes participation in recyclinq and sustains processinq and marketinq as well as, the
profitability of the three recyclinq proqrams. State Grant funds that assisted in establishinq this project are
no lonqer available. In FY 2008/09, fundinq will provide for the placement of dividers/partitions at the
Processinq Center; in FY 2009/10, fundinq will provide for shelter maintenance and in FY 2010/11, fundinq
will provide for partial resurfacinq of the processinq floor in the Processinq Center. In FY 2011 /12, fundinq will
provide for the final resurfacinq of the processinq center floor. The current available balance in the project
will provide fundinq for this project throuqh FY 2011/12. In FY 2012/13, fundinq for the replacement of the
maqnetic separator conveyor and security system addition will be provided. . In FY 2013/14, fundinq will
provide for replacement of the surveillance system and modification or replacement of the Global
Positioninq System (GPS).
Comprehensive Plan Objective: (18.3) Continue to provide sound fiscal manaqement for solid waste
collection, disposal and recyclinq as it develops.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Attachment number 3
Page 51 of 51
RECYCLING (continued)
96806 Recyclinq Equipment Replacement
This project provides a reserve for the replacement of M & 0 automotive equipment for all three recyclinq
proqrams, on an on-qoinq basis. Planned for FY 2008/09, replacement of the 2000 express van and 2001
Sterlinq Roll-off Truck. The current available balance in the project will fund projects.
Comprehensive Plan Objective
(18.3) Continue to provide sound fiscal manaqement for solid waste collection, disposal and recyclinq as it
develops.
ANNUAL OPERATING BUDGET IMPACT
Proiect
FTE's
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
Recvclina Eauipment Replacement (2)
35,390
84,050
148,190
212,330
276,470
307,430
Total Recvclina
0.0
35.390
84.050
148.190
212.330
276,470
307,430
(2) ODeratina costs are for debt service to be funded bv the Recvclina Fund.
City of Clearwater, FL
Ordinance 8016-08 Exhibit A
Item # 16
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium High Density Residential
(MHDR) District for property located at 2855 Gulf to Bay Boulevard (consisting of a portion of Section 17, Township 29 South, Range
16 East) and Pass Ordinance 7994-08 on first reading. (REZ2008-07007)
SUMMARY:
This Zoning Atlas Amendment application involves one property of approximately 28.35 acres in area located approximately 370 feet
southwest of the intersection of Gulf to Bay Boulevard and Cross Boulevard. This property has a Future Land Use Plan (FLUP)
classification of Residential Medium (RM) and a zoning designation of Medium Density Residential (MDR). The applicant is
requesting to amend the Zoning Atlas from the MDR designation to the Medium High Density Residential (MHDR) designation.
The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the
Community Development Code:
. The proposed rezoning application is consistent with the Comprehensive Plan;
. The proposed use is compatible with the surrounding area;
. Sufficient public facilities are available to serve the property;
. The applications will not have an adverse impact on the natural environment; and
. The district boundaries are appropriately drawn.
Please refer to the staff report for the complete analysis.
The Community Development Board will review this application at its public hearing on October 21, 2008. The Planning Department
will report the recommnedation at November 3rd City Council meeting.
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 7
CDB Meeting Date:
Case Number:
Addresses:
Agenda Item:
September 16, 2008
REZ2008-07007
2855 Gulf to Bav Boulevard
F-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER! APPLICANT:
BVG Acquisition, Inc.
REPRESENTA TIVE:
Katherine E. Cole, Esq.; Johnson, Pope, Bokor, Ruppel &
Burns, LLP (911 Chestnut Street, Clearwater, FL 33756)
LOCATION:
28.35 acres more or less, located approximately 150 feet
south of Gulf to Bay Boulevard between Cross Street (east)
and Sky Harbor Drive (west).
REQUEST:
Rezoning from the Medium Density Residential (MDR)
District to the Medium High Density Residential (MHDR)
SITE INFORMATION
PROPERTY SIZE:
1,234,926 sq ft or 28.35 acres mol
DIMENSIONS OF THE
PROPERTY:
Irregular (approximately 1,250 feet deep)
PROPERTY USES:
Current Uses:
Proposed Uses:
Detached Dwellings (Independent Living Units) and
Assisted Living Facility
Detached Dwellings (Independent Living Units), Assisted
Living Facility and Nursing Home [Life Care Center]
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Medium (RM)
Residential Medium (RM)
ZONING DISTRICT:
Current District:
Proposed District:
Medium Density Residential (MDR)
Medium High Density Residential (MHDR)
Community Development Board - September 16, 2008
REZ2008-07007 - Page 1 of 7
Item # 17
Attachment number 1
Page 2 of 7
EXISTING
SURROUNDING USES:
North: Restaurants and Retail Sales
South: Mobile Home Park and Old Tampa Bay
East: Detached dwellings
West: Mobile Home Park and Clearwater Mall
ANALYSIS:
This rezoning application involves 28.35 acres of property owned by BVG Acquisition, Inc. The
subj ect property is located approximately 150 feet south of Gulf to Bay Boulevard between Cross
Street (east) and Sky Harbor Drive (west). It is occupied by Bayview Gardens, which includes
229 attached dwellings (independent living units) and 94 assisted living facility beds. The
property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and is zoned
Medium Density Residential (MDR). The applicant is requesting to rezone the property to the
Medium High Density Residential (MHDR) District in order to redevelop the site into a life care
center consisting of 229 attached dwellings (independent living units), 170 assisted living facility
beds and 40 skilled nursing beds (see companion case FLD2008-05012). Nursing homes are not
permitted in the current Medium Density Residential (MDR) zoning district.
The underlying Residential Medium (RM) future land plan use category allows 15 units per acre.
Independent living units are considered dwellings for the purposes of density calculations.
Assisted living facilities and nursing homes are considered residential equivalent uses and for the
purposes of calculating density, 3.0 beds are equal to one dwelling unit. Since the land use
designation of the property is not changing, the maximum allowable density of the site is not
changing (425 dwelling units or 1275 beds or some combination thereof). The proposed
redevelopment of the site will result in a total of 299 units [229 dwelling units (independent
units) and 210 assisted living and nursing beds (which is equal to 70 units)].
The maps attached to the staff report illustrate the site boundaries with a red outline, which is
based on the property survey. The City's base maps show the existence of some upland to the
south of the outlined property. The base maps are inconsistent with the property survey and the
Engineering Department will correct the discrepancies.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed rezoning are as indicated below:
3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be
interpreted as indicated in the following table. The intensity standards listed in the table
(F AR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for
each plan category, except where otherwise permitted by special area plans or
redevelopment plans approved by the City Commission. Consequently, individual zoning
districts, as established by the City's Community Development Code, may have more
stringent intensity standards than those listed in the table but will not exceed the maximum
Community Development Board - September 16, 2008
REZ2008-07007 - Page 2 of 7
Item # 17
Attachment number 1
Page 3 of 7
allowable intensity of the plan category, unless otherwise permitted by approved special
area plans or redevelopment plans.
Excerpt from Table
PRIMARY MAX. DENSITY/ CONSISTENT
PLAN USES PER PLAN INTENSITY PER ZONING
CLASSIFICA nON CATEGORY PLAN DISTRICTS
CATEGORY
Residential Medium Medium Density 15 Dwelling Medium Density Residential
(RM) Residential Units Per Acre (MDR); Medium High Density
Residential (MHDR);
16.1.1 Policy - Maintain sufficient residentially zoned acreage, of varying densities and
locations, to accommodate the existing and future housing needs of the City of Clearwater.
Recommended Conclusions of Law
As stated earlier, the property has a future land use plan designation of Residential Medium
(RM). The Clearwater Comprehensive Plan and Community Development Code specifies that
the proposed Medium High Density Residential (MHDR) zoning district is consistent with the
Residential Medium (RM) category. The Medium High Density Residential (MHDR) District
provides a wider range of residential equivalent uses to be accommodated on this property and
enables a continuum of care to be provided in the proposed redevelopment. The Medium High
Density Residential (MHDR) District is located adjacent to the west of the site and is consistent
with the commercial and residential categories found to the north and east. The proposed
rezoning is therefore consistent with the Clearwater Comprehensive Plan.
II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4]
Recommended Findings of Fact
Gulf Boulevard Corridor
Gulf to Bay Boulevard is a six-lane roadway with a center turn lane, which carries vehicular
traffic between Tampa and Clearwater Beach. The surrounding area is characterized by
commercial and residential uses. The area has a mixture of commercial and residential plan
categories that allow for 15 (Residential Medium) to 30 (Residential High) dwelling units per
acre.
Immediately to the north of the subject property is retail sales and service, restaurants, a nursing
home and a church. The property has zoning designations of Commercial (C) and Institutional
(I) with underlying future land use plan designations of Commercial General (CG) and
Institutional (I).
Community Development Board - September 16, 2008
REZ2008-07007 - Page 3 of 7
Item # 17
Attachment number 1
Page 4 of 7
To the east are detached dwellings, Medium Density Residential (MDR) zoning and a
Residential Medium (RM) future land use plan category. To the south of the subject property is
Old Tampa Bay.
To the west is a nursing home, fire station, Clearwater Mall and a mobile home park. There are
zoning designations of Institutional (I), Office (0), and Mobile Home Park (MHP) and future
land use plan categories of Institutional (I) Commercial General (CG), Residential Office General
(R/OG), and Residential Low Medium (RLM).
Section 2-401 of the Community Development Code, titled "Intent and purpose" states:
The intent and purpose of the Medium High Density Residential District ("MHDR") is to
protect and preserve the integrity and value of existing, stable residential neighborhoods
of medium high density while at the same time, allowing a careful and deliberate
redevelopment and revitalization of existing neighborhoods in need of revitalization or
neighborhoods with unique amenities which create unique opportunities to increase
property values and the overall attractiveness of the City.
Recommended Conclusions of Law
The proposed rezoning is compatible with the surrounding residential, commercial, and
institutional uses. The proposed MHDR zoning district will be in character with the surrounding
properties and is consistent with the surrounding zoning. Furthermore, the existing use of the
site is consistent with the requirements of the proposed MHDR District and will enable the
revitalization of this site.
III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5]
Recommended Findings of Fact
As stated earlier, this rezoning application involves 28.35 acres of property. Based on a
maximum allowable density of 15 dwelling units per acre in the existing Residential Medium
(RM) category and proposed Medium High Density Residential (MHDR) zoning district, the
property could support 425 dwellings units/1,275 beds. The proposed redevelopment of the site
will result in a total of 299 units [229 dwelling units (independent living units) and 210 assisted
living and nursing beds (which is equivalent to 70 units)).
Roadways
Specific uses in the current and proposed zoning districts have been analyzed for the number of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual,
as well as the specific proposal submitted in the companion case FLD2008-05012 (see agenda
item F.l).
Community Development Board - September 16, 2008
REZ2008-07007 - Page 4 of 7
Item # 17
Attachment number 1
Page 5 of 7
Continuing Care
Retirement
Community(1)
(2.91 trips/
accommodation)
323 living
accommodations
(229 units + 94
beds)
N/A
94
N/A
940
0.29
Residential UnitS(2)
(5.86 trips/unit) 425 unitS(3) 2,490 N/A 0.52 221 127
Assisted Living
F acili ty( 4)
(2.74 trips/bed) 1,275(5) 3,493 N/A 0.38 484 390
Continuing Care
Retirement
Community(1)
(2.91 trips/
accommodation)
439 living
accommodations
(229 units + 170
beds + 40 beds)
N/A
1277
0.29
127
33
Residential UnitS(2)
(5.86 trips/unit) 425 unitS(3) 2,490 0 0.52 221 127
Assisted Living
F acili ty( 4)
(2.74 trips/bed) 1,275(5) 3,493 N/A 0.38 484 390
(1) Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 255, Continuing Care Retirement
Community - traffic generation is based on the total living units (units, rooms and beds) - not based on units as
determined by the City's method for calculating density for residential equivalent uses.
(2) Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 230, Res. Condorrownhouse
(3) Total dwelling units per acre permitted by the underlying Residential Medium (RM) future land use category of 15
units per acre - 15 x 28.35 acres = 425 units.
(4) Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 254, Assisted Living - traffic generation
is based on the number of occupied beds - not based on units as determined by the City's method for calculating
density for residential equivalent uses.
(5) Total beds permitted by the underlying Residential Medium (RM) future land use category - 425 maXImum
allowable units x 3 beds = 1275 beds.
Community Development Board - September 16, 2008
REZ2008-07007 - Page 5 of 7
Item # 17
Attachment number 1
Page 6 of 7
The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard segment between Sky Harbor Drive
and Hampton Road a LOS of F. This proposed rezoning does not alter the maximum
development potential of the site, however, it does expand the available allowable uses to include
nursing homes and residential shelters. The site is currently developed with independent and
assisted living units and is not developed to the maximum allowed. The proposed redevelopment
will expand the number of assisted living facility units and add nursing beds as well but will not
approach the maximum allowed by the current future land use category. Based on the ITE Trip
Generation Manual the proposed redevelopment of the site will result in an increase of 33 PM
Peak trips compared to the existing development. This increase is minor and will not negatively
impact the LOS for Gulf-to-Bay Boulevard. In the event the site is redeveloped with either
residential uses or a development with more residential equivalent uses than proposed, a traffic
study would need to be submitted at the time of site plan review to ensure that transportation
concurrency requirements are met.
Mass Transit
The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas
amendment. The total miles of fixed route service will not change; the subject site is located
along an existing transit route and headways are less than or equal to one hour.
Water
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not impact the City's current LOS for water. Although redevelopment may generate a
greater demand for water, the City has adequate capacity to serve any increases.
Wastewater
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not impact the City's current LOS for wastewater. Although redevelopment may create
more wastewater the City has adequate capacity to serve any increases.
Solid Waste
As no change is proposed to the underlying future land use designation, the proposed rezoning
will not impact the City's current LOS for solid waste disposal. Although redevelopment may
create additional solid waste, the City has adequate capacity to serve any increases.
Recreation and Open Space
Impact fees may be required. This fee is addressed through the site plan process and any required
payment would be due prior to the issuance of building permits.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this rezoning
will not negatively impact the existing LOS to the surrounding road network. Further, there is a
minimal impact to water, wastewater and solid waste service. Open space and recreation
facilities and mass transit will not be affected by the proposed zoning atlas amendment.
Community Development Board - September 16, 2008
REZ2008-07007 - Page 6 of 7
Item # 17
Attachment number 1
Page 7 of 7
IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.]
Recommended Findings of Fact
The location of the proposed Medium High Density Residential (MHDR) District boundaries is
logical. It is compatible with the adjacent zoning districts located to the immediate north, east,
and west and to the south is Old Tampa Bay. The district boundaries are appropriately drawn in
regard to location and classifications of streets, ownership lines, existing improvements and the
natural environment.
Approval of this zoning atlas amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
SUMMARY AND RECOMMENDATION:
An amendment of the zoning atlas from the Medium Density Residential (MDR) District to the
Medium High Density Residential (MHDR) District for the subject property is requested. The
property exceeds the minimum lot area and lot width requirements for attached dwellings, an
assisted living facility and a nursing home. The proposed rezoning is compatible with the
existing neighborhood and is compatible with the existing future land use category and reflects
the current use of the property.
The proposed Medium High Density Residential (MHDR) District is consistent with the City
Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs
and character of the neighborhood and City, does not require nor affect the provision of public
services, and the boundaries are appropriately drawn.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following action on the request:
Amend the zoning atlas designation of 2855 Gulf to Bay Boulevard from the Medium
Density Residential (MDR) District to the Medium High Density Residential (MHDR)
Di stri ct.
Prepared by Planning Department staff:
Michael H. Reynolds, AICP, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Future Land Use Map
Zoning Map
Existing Surrounding Uses Map
Site Photographs
Community Development Board - September 16, 2008
REZ2008-07007 - Page 7 of 7
Item # 17
Attachment number 2
Page 1 of 1
ORDINANCE NO. 7994-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED APPROXIMATELY 370 FEET
SOUTHWEST OF THE INTERSECTION OF GULF-TO-BAY
BOULEVARD AND CROSS BOULEVARD, CONSISTING OF A
PORTION OF PROPERTY LOCATED IN SECTION 17,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2855 GULF-TO-BAY BOULEVARD, FROM
MEDIUM DENSITY RESIDENTIAL (MDR) TO MEDIUM HIGH
DENSITY RESIDENTIAL (MHDR); 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, FLORI DA:
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
See attached legal description
From: Medium Density Residential (MDR)
(REZ2008-07007)
To:
Medium High Density Residential
(MHDR)
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.
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 # 17
Ordinance No. 7994-08
Attachment number 3
Page 1 of 6
:z
~
IL
:s;
:f:
~C=:i}:T"':'D'C'l:=D=':A
III ~.J
:::
~
...?~ DO
.. ..~
i
~ I
D
'>
tri
PROJECT
SITE
D
D::
SR-aI
D
ClIruhI
o
GuLF-"fO-8I{y
.. .. ..
.. .......... .......... ... .... ... .......... .......... ...
. .. . ..... . ... . . ..... . ... . . ,.... ... - . ,.. ," ..... ,..,. ....
..~:: .".:-:: :.-. :..: ;....: :: : ::.".:-:: ::. :..: ;....: : : : ::."-:.:: ::. :..: ;....: :: : ::."-:.:: ::. :..: ;.. ".: :: :::."-:.:: ::. :..: ;....: :: :::.".:.:: ::.
,<:::": :.:,,:,.:-.:, :..:".::.::::,:.:.: \'":"::":": :::": :.:,.:,.:,.:, :-.:".::.::::,:.:.: \'":"::":": :::": :.:,.:,.:,.:, :..:'.::.::::,:.:.: \"':"::":": :::": :.:,.:,.:,.:, :..:'.::.::: :,:.:.: \"':"::":": :::": :.:,.:,.:,.:, :..:'.::.::::.:. :.: \"':"::":": :::": :.:'.:'.:'.:
,< ';.:.:....::.: /::::i:: ::):::: _..:::;.: '..:.:...j:.: /::::i:: ::):: ::.:::_;.: '..:.:...i.: ::'::::i:: :.:):: ::.:::;.: ...:.:...i.: /::::i:: :.:):: ::.:::;.: ':.:-:...i.: /::: i/:: :.:):: ::-.:::;.: ':.:.:
,<.: ::,::;... ,:::: :':::<:: :.::.::.:.:.:::..-: ::,::;...,: _::: :':::<: :.::.::.:.:.:::...:.:::::;...' ::::: :':::<: :.::.::.:-:.:::...:.::'::'-...' ::: :::'::~<: :.::.::.:.:.:::...:.::,::;. '.: ::: :::':::<:: :.::.::.:.:.::.
"~)-::.:-:'::'.::.-.:::.:;:; ,::", ;:';::. :-:'::'.:::::_..:;: ;,,:-, ;:-;::.:-:.-.:'.:::::: ..-;: ;,::", ;:';::.:-:'::'.:::::: .:.; : ;,::", )._':.:-:'::'.:::_::: .:.;:
'~"i;" ,':.i:::::.::.: .:.:...:: .:;..:.:::,.:. .;-;" ,':.i:::::.::.: .:.:...:. .:;.-:.:::,.:."i;" (:.i:::::.::.: ._..:...:. .:;..:.:: :,.:."i;" ,'/..:::::.::.: .:.:. ..:. .:;..:.:::, .:-"i;" ,':.i:::-.:.::.: .:.:..
t"::":"::":": :.:::: ~.:..::.::.:: \:.: :.::.;~i: :.:: \:":"::":": :.:::: ~.:..::.::.:: \:.: :.::.;~i: :.:: \\::":": :.:::: ~.:._::.::.:: \:.: :"::"; ~i: :.:: \:':"::":": :.:::: ~.:..::.::-:: \:.: :.::';~i: :.:: \:':"::":": :.:::: ~.:..::.::.:
,::..:.::::.:. :""::".:":":':": "".:".: .:"::. :/::..:. ::::.:. :""::".:":":':": "".:'.: .:"::. :/::..:. :..::.:. :""::".:": -:':": "".:'.: .:":=. :/::..:. ::::_:. :""::".:":":': -: "".:'.: .:"::. :"/::..:. ::::.:. :-0::".:":":':":
(.,.. .... ,... ...,.....,.. .... ,... ...... .",.. .... ,-.. ...," .",.. -... ,.. - ...," ".,.. ..-. ,...
i: :.:..:.:i:/ =: :':.:<.::i,-: ii:. ;.:i: :-:..:.:i:/, :'~.:<.::iii:':. ;.:i: :.:..:.:i:/, :':.:..:-::iiii:. ~.:i: :.:..:.:i:~i' :':.:<.:.:-:\:.ii:. ;.::.~: :.:..:.:i:/ ': :':.:<.:.:.:
r ....::..";....... ....... ....::..";. ............. .....-:...;.............. ......: ...;..... .......... ...::...;......
,...':,..':..-..::..'.....'.':.:...':,..':.....,:..'..:.'-':.:...':,..':.....::-.'..:.'.':.:...':.:.':.....::..'. .:.'.':.:.-.':':.':..._.::..'.
l:.:~ u::\i:\.i :::.ii::\\:;:.:::i::.:: u::\i:\.i::.:::i::\\U:.:::i::.:: u::\:i\.i::.ii::\\U:.:::i).:: u::\::::.::;.i::.ii::\\U:.:::i::.:: u::\U:\.i ~uii::\:
I: ~.:-';: u. : ::: : i: ~.;: ~: :.: :.::,:::.: :;..::: :: ~/i,..:. : ::: : i: ~.;: : :.: ;.::,:::.: :;..:::.:: ~/i,..:. : ::: :: ;\ ~.;: : :.: :.::,:::.: :;..:::.:: ~/;-:,..:. : ::: :: i: ~.;: : :.: :.::,:::.: :;-.:::.:: ~/i,: .~. : ::: :: i: ~.;: :: :.: \::.:.:::
Location Map
Owner: BVG Acquisition, Inc.
Site: 2855 Gulf to Bay Boulevard
Case:
Property Size (Acres) :
REZ2008-07007
28.35
Land Use
Zoning
PIN:
17/29/16/03006/000/0200
(a portion of)
From:
To:
RM
RM
MDR
MHDR
Atlas Page:
300A and 300B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG
Acquisition, Inc\Maps\LOCATION4_doc Item # 17
Attachment number 3
Page 2 of 6
Aerial Photo
Owner: BVG Acquisition, Inc. Case: REZ2008-07007
Site: 2855 Gulf to Bay Boulevard Property Size (Acres) : 28.35
Land Use Zoning
PIN: 17/29/16/03006/000/0200
From: (a portion of)
RM MDR
To: RM MHDR
Atlas Page: 300A and 300B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG
Acquisition, Inc\Maps\AERIAL6.doc Item # 17
Attachment number 3
Page 3 of 6
SG~40
281
RLM
R/O/R
E)
o
~
<:( 1.65
~
~
1~
~
GULF- TO-BA YBL VD
~
~
~
(9
CG
I
I
I
RM -+ -
- ~
_ -"e-" -<:0-
~ I ~
I
I
I
"
- --j~ - -
-I~- -
RH
R
~
~
CG
RM
~
~
~
, .
. ... .,. :,. i ;.::.i:\~..:::..i::;i::,1
... ...... ... .~ .~... ...,
".':.:".":::::""".::::.:.13 8:.:'~...
.....:._........-......-'.'"..:......
.. . .. .. ~ t-
.:" ;;;:":;.;:-;".:,:.;.;:';..":".;::".;iJ g;.;:.;".:-
. ......... ........... I
. . .. . .
.... ..... .... ...
.... - .. ... .
. . ".... .......... ...... . .... ...........
. ..
." .... .." ......"......" .... .." ......".
,..:.....:.. ...... ..:.....:.. :.....:.. ...............:..:.
'.".: : ~:::::.:.: :::;. ;.:"'.; .~. ~.: :: :" :".: ".: : ~:::::.:.: :::;. ;.> .;.~. ~ .: :: :" :".:".: ..
.. ..... .. . .
.. .. ..... -. .. .. .. . ... . .. .. ..
... .... .
... .. .
.. ..... ... - .
. - .. . . .
. .. ..... . ...... .
. . . ... . . . .... . . ..
. . .. ... . . ... ... ..
. ..... . ...... . . .... .
... ... ... ..
. .. ....... . . . .. .. . . . ....-
.. .. ..... ..... .
. . .. . . . . . .. . . . .
~ ..... .... .. ................ .. ... ~ ..... . ... .. ...
. . . .. . .
. .... . .. .. . . ... .... . .... . ..
III II I III II I III II I
- .. -... . ..
. . .. . . .
. ... ......... ..............
. . . .. . . . .. . . . .
.. . .. . . .. . .. . . .. .. .
. ... . .
.. ...... ....... .. .....
.. . .... ... ..... .
. ... ... ...... ...
. . . .
... .. ... . ... ... ... . .. ... ... . ... .
. . .. . . . .. .. .
. .... .. ........ ........ .
. . . . -
..... . .. ....... . .. ....... .. .......
. . . . .. . . .. . . .. . . . . . . .. . . .
.. ... . .. .... .
... .. ..... .
,
'"
"
---,
~32... ---1
8
... ...... . ... ...... .
. . .. .
. ... . . ... . . .
. .... . .. ..... ...... ........... . ... ........... ...... .... ..... .. ...... ................. .. ...
. . . . . .
. .. .. ... .... .. .... ..... .. ......... .. ..... . ..... ..... .... ...
. . .. .. . . . .. ... . .. .. . . . .. .. .
. ..... ...... . ......... .. .... ....... . ............
..; :i,.:;:: :..:. :..f;::: ,::.~:H::?!::':.::.:;:U;:i;:: :..:ii;;::: ~:.:.~H::::.'::':.::.:;u:.':H::.:. .::/;:;.,: ,:.:.~ .:::::::.,::,;.:.\:U,:::.::: ~~~:i:-:: ,::.::H~.:.,::,;.::.ii :.:.: : :::i{;: :-:: ,:.:.::H:::.., :';.::.:;r:;:::;::/:::::{::!;': (.:.:::::.:..,:;,;.::.;;
Future Land Use Map
Owner: BVG Acquisition, Inc.
Site: 2855 Gulf to Bay Boulevard
Case:
Property Size (Acres) :
REZ2008-07007
28.35
Land Use
Zoning
PIN:
17/29/16/03006/000/0200
(a portion of)
From:
To:
RM
RM
MDR
MHDR
Atlas Page:
300A and 300B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG
Acquisition, Inc\Maps\FUTURE LAND USE6.doc Item # 17
Attachment number 3
Page 4 of 6
"77
MHP
- -,
l2-'
0-
N
a
0)
0-
N
a
'"
0-
N
N
'"
'"
N
('\J'O:J
0> 0>
",' '"
"f'l C\J
'C
~
0-
N
'"
<0
'" (:)
R:
0-
N
o
0>
a
gJl
0-
"
0-
N
MHDR
I I
I
I
I
':03- I~
- KID"ll-
I
I
I
1"",.:_:::.
. ...
...." .....-...
-.." .... .,,",,"..
. .. .....
.. --
... .......
. :. :" ".". ".:.. -..". ~ .'1. -::
.':":: ....:..... :::';' "j:.,
. .. . .
. - .. ........ .".....~ ~. ..
. . .. . .
..... .... ....
. . -. . ... .
. -. .. ..
. ...... . ...
.... -.. ...... .
... . . . ... .
.. . .... ..... . ..
....-... . .. ... .
9DR
I
-10- ':....
~
1,--
~12~
I
290
8
0-
N
0>
0)
0-
N
"MDR
"-
f;;
'ffin- -,
'---'
!V
f;;
. . .. .
..
.111 . I I ..., I I I III I I I 1111 I . I 1111 I I. III' I I I
. .".:.::: :.::.:...:..::.:i:-:::.:::::: .:.);-:.:; :\:::\:./ ..:.:::.: .::.:::.::::;/..:.:.:.:.: >:::::.... :..: ..: .::.: ?:::.:).~ ..:r.:.::~~~.:HH:..::. :i::::.:::::::: .::..:.:: :\,:::\:.:i...:.:::.: .'i::ii::i.:i;.~.:: :\::::::.:::::.~....:::.: .:i:""i:::.:..:.:/.:; ~::
Proposed Zoning
Owner: BVG Acquisition, Inc. Case:
Site: 2855 Gulf to Bay Boulevard Property Size (Acres) :
Land Use Zoning
PIN:
From: RM MDR
To: RM MHDR
Atlas Page:
REZ2008-07007
31.4
17/29/16/03006/000/0200
(a portion of)
300A and 300B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG
Acquisition, Inc\Maps\Proposed ZoningRevised.doc Item # 17
Attachment number 3
Page 5 of 6
o
~
Congregate Care and
Attached Dwellim!s
I
I
I I
~ -" ~ingle -F ~!Dily -
- Re-side-nti!~l - -
I I
\ I
I
I '" .' ::::::..:.:.::.:~...::..::::':;:;.i
.:...:..:/.::.::::.....; ",:,:'-:.:i
. .:.::.:~: ..:::.:.'."'::>.:::..::9 ~r:::.:~: ..J
.." .. - '. .. .. ~ ...... . .
.:" ;;;:":;.;:-;".:,:.;.;:';..":".;::".;iJ g;.;:.;".:
. ......... . - . .... ... .1
. . .. . .
.... ..... .... ...
. .... - .. ... .
... .. ...
. . ...... ...
. .. ...... - .............
:.:,::::(:'::':.:;::':.i :;:.(:;)i;:::i::;{:,:: i:.~::::::'i:-i :\:;:iii;::i::;::;:,:: i;. ..
... ..... . .. ..... . ... ..... .
......:..... ...............:..... .." ...........:... ....
.... . ...... ..
. .. ....... . . . . . .. .. . . ....-
. . -... ..", .".... . ..". ." . . .. . ...
~ ."".. .... . - ....... 0"".. . ... .. ... ~ .-... . .. - .. . -.
. . . .. . .
. .... . .. .. . . ... .... . .... . ..
III II I III II I III II I
- .. -... . ..
. . .. - . .
. ... ......... ..............
. . . .. - . . .. . . . .
Retail Sales
:"
& Service
o
~
~
.. . .. . . .. . .. . . .. .. .
.. ...... ....... .. .....
... .... .
. ... ... ...... ...
. . . .
... .. ... . ... ... ... . .. ... ... . ... .
. . .. . . . .. .. .
. ..... .. ........ ........ .
. . . . -
...... . .. ....... . .. ....... .. .......
. .. ... . .. . . .. . . .. . . . . . . .. . . .
.. ... . .. .... .
... .. ..... .
. .. . ...... ... ...... .
, ,
. . . ... . .
,
'"
"
---,
~32... ---1
8
.. .... .
. "'" .
. . . ....... . .. ...... . . .. ....... . .. .....
. . .. .
... . . ... . . . -.... ....... ... .....
. . ... . ... . . ... . . .
.. ...... ............ ...... ........... . ... ........... ...... .... ..... .. ...... ................. .. ...
. . . . . .
. .. .. ... .... .. .... ..... .. ......... .. ..... . ..... ..... .... ...
. . .. .. . . . .. ... . .. .. . . . .. .. .
. ..... ...... . ......... .. .... ....... . ............
.:.; :i,.:::: :.:. :..f:.:: ,::.::H::::-!::':.::.;;:i;::';:: :..:ii::::: ~:.:.~H::::.,::,:_::.;;::.::;::,;::.:.- .::/:::.,: ,:.:.~ ::::::::.'::';.:.:;r::;::;::: \:::=::::: '::.:::::(.'::':.::.i.::~:.:.: :::i{;: :::: ,:.:.::H:::.., :';.::.;i::;:::;::: :.::.:}i!:,: (.::::::.:..,:;,;.::.;;
Existing and Surrounding Land Uses
Owner: BVG Acquisition, Inc. Case:
Site: 2855 Gulf to Bay Boulevard Property Size (Acres) :
Land Use Zoning
PIN:
From: RM MDR
To: RM MHDR
Atlas Page:
REZ2008-07007
28.35
17/29/16/03006/000/0200
(a portion of)
300A and 300B
S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG
Acquisition, Inc\Maps\EXISTING6.doc Item # 17
Attachment number 3
View looking southeast at property View looking north at Sky Harbor Drive
View looking southeast within site Gulf to Bay Boulevard, looking northwest from property
Typical assisted living unit, looking east within site Interior roadway and residential units, looking northeast
REZ2008-07007
BVG Acquisition, Inc.
2855 Gulf to Bay Boulevard
Item # 17
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint Councilmember John Doran to the Pinellas Planning Council for a new two year term expiring on December 31,2010.
(Pinellas Planning Council encourages the City to consider the reappointment of Councilmember Doran, who is considered a valuable
member of the Council, if he's willing to serve)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7890-08 on second reading, annexing certain real property whose post office address is 2000 Calumet Street, together
with the abutting right -of-way of North Hercules A venue, into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7890-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF CALUMET
STREET AND HERCULES AVENUE, CONSISTING OF LOT
8, CLEARWATER INDUSTRIAL PARK, WHOSE POST
OFFICE ADDRESS IS 2000 CALUMET STREET,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
NORTH HERCULES AVENUE, 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 8, Clearwater Industrial Park, according to the map or plat thereof as
recorded in Plat Book 44, Page 46, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of North Hercules Avenue
(ANX2007 -08023)
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, contingent
upon the recordation of a 20-foot wide sidewalk maintenance easement extending along
the entire length of the Hercules Avenue property frontage with the City of Clearwater as
Grantee, in form acceptable to the City Attorney, being recorded in the Pinellas County
Records prior to second reading/ordinance 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
Ordinance No.l~#l719
Attachment number 1
Page 2 of 2
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
2
Ordinance NoI.temo#r1l9
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7891-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way
of North Hercules A venue, upon annexation into the City of Clearwater, as Industrial Limited (IL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7891-07
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 AT THE NORTHEAST
CORNER OF CALUMET STREET AND HERCULES
AVENUE, CONSISTING OF LOT 8, CLEARWATER
INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS
2000 CALUMET STREET, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF NORTH HERCULES
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS INDUSTRIAL LIMITED (IL); 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 8, Clearwater Industrial Park, according to
the map or plat thereof as recorded in Plat Book
44, Page 46, Public Records of Pinellas County,
Florida, together with the abutting right-of-way
of North Hercules Avenue
(ANX2007 -08023)
Land Use Cateqorv
Industrial Limited (IL)
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. 7890-07.
PASSED ON FIRST READING
Ordinance No. 7891-07
Item # 20
PASSED ON SECOND 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
Ordinance No. 7891-07
Attachment number 1
Page 2 of 2
Item # 20
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7892-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 2000 Calumet Street, together with the abutting right -of-way of North Hercules Avenue, upon annexation into the City of
Clearwater, as Industrial, Research and Technology (IRT).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7892-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF CALUMET STREET AND
HERCULES AVENUE, CONSISTING OF LOT 8,
CLEARWATER INDUSTRIAL PARK, WHOSE POST
OFFICE ADDRESS IS 2000 CALUMET STREET,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
NORTH HERCULES AVENUE, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS INDUSTRIAL,
RESEARCH AND TECHNOLOGY (IRT); 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 8, Clearwater Industrial Park, according to the
map or plat thereof as recorded in Plat Book 44,
Page 46, Public Records of Pinellas County, Florida,
together with the abutting right-of-way of No. Hercules Ave.
(ANX2007 -08023)
Zoninq District
Industrial, Research and
Technology (IRT)
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. 7890-07.
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. 7892-07
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7998-08 on second reading, 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.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 28
ORDI NANCE 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-o3tem # 22
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-o3tem # 22
Attachment number 1
Page 3 of 28
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. . . .
3
Ordinance No. 7998-o3tem # 22
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
(j) 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 where the gas air
4
Ordinance No. 7998-o3tem # 22
Attachment number 1
Page 5 of 28
conditioning load is separately
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-o3tem # 22
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 . . . . $0.20C
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-o3tem # 22
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-o3tem # 22
Attachment number 1
Page 8 of 28
Monthly customer charge....
Non-fuel energy charge, per therm....
an
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.
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-o3tem # 22
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
2 60.1--120
1 0--60
3 120.1--300
4 >300
(b) Residentia/"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-o3tem # 22
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.
Usage Class Annual
Units/Gallons
Non-fuel Energy
Charge per Gallon
Non-r fundable
Annu I
Custo er
Charge
1 0--120
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-o3tem # 22
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. . . .
11
Ordinance No. 7998-o3tem # 22
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 city.
12
Ordinance No. 7998-o3tem # 22
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.
Non-fuel energy charge.
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
Attachment number 1
Page 13 of 28
13
Ordinance No. 7998-o3tem # 22
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-o3tem # 22
Attachment number 1
Page 15 of 28
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.
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-o3tem # 22
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-Family... ..... $ per
month
Large General Service & Multi-Family... ... ... ... $ per
month
Interruptible Service ... ... ... ... ... ... ... ... ... ... ..... per
month
16 Ordinance No. 7998-o3tem # 22
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
imposed on the
Clearwater Gas System by federal, state regulatory
17 Ordinance No. 7998-o3tem # 22
Attachment number 1
Page 18 of 28
agencies. The
or
will not be applied to interruptible natural gas
contract rates. The currently calculated
rates are:
Natural Gas Rate Schedule
, per therm . . . . $0.00
Propane (LP) gas rate schedule
Per gallon. . . . $0.00
The above
rates 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.
The 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.
(e) adjustment (rider
. ): A rider applicable to all natural gas
therm rates and propane (LP) gallon rates to
recover loss of planned base non-fuel revenues to the Clearwater
Gas System due to
. The rate
Natural gas rate schedule , per therm . . . . $
Propane (LP) gas rate schedule, per gallon. . . .$
18 Ordinance No. 7998-o3tem # 22
Attachment number 1
Page 19 of 28
The
rates may be implemented
based on
(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-o3tem # 22
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. 7998-03tem # 22
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) . . . . $
Repair 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. 7998-03tem # 22
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
reading
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 surveys.
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 than 4 business days
$100.00 trip charge for same business day delivery
22
Ordinance No. 7998-03tem # 22
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 if. LP 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
attem 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. 7998-03tem # 22
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. 7998-03tem # 22
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." above)
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. 7998-03tem # 22
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 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).
5. Conversion of equipment to natural gas. The Clearwater Gas
System will convert 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 round
commercial industrial customer enter into
a exclusively use the natural gas
service of the Clearwater Gas System
.; and this amount, when
added to the other cost to serve amounts, still renders the
project feasible.
Relocation 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. 7998-03tem # 22
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, 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
7.
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. 7998-03tem # 22
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. 7998-03tem # 22
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8000-08 on second reading, annexing certain real property whose post office address is 1202 Keene Road, together
with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23
Attachment number 1
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 # 23
Ordinance No. 8000-08
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 # 23
2
Ordinance No. 8000-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8001-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1202 Keene Road, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 24
Attachment number 1
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 # 24
Ordinance No. 8001-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8002-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1202 Keene Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 25
Attachment number 1
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 # 25
Ordinance No. 8002-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8008-08 on second reading, annexing certain real property 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.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 26
Attachment number 1
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.
WH EREAS, 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 # 26
Ordinance No. 8008-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8009-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property 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).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 27
Attachment number 1
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, 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 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 # 27
Ordinance No. 8009-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8010-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 28
Attachment number 1
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, 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 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 # 28
Ordinance No. 8010-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8011-08 on second reading, annexing certain real property 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.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 29
Attachment number 1
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.
WH EREAS, 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 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 # 29
Ordinance No. 8011-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8012-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property 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).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 30
Attachment number 1
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 # 30
Ordinance No. 8012-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8013-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 31
Attachment number 1
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 # 31
Ordinance No. 8013-08
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8017-08 on second reading, adopting the Second Restatement of the Money Purchase Pension Plan and submitting the
plan document to the Internal Revenue Service Employee Plans Compliance Resolution Program.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 32
Attachment number 1
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 Ndtenn-di 32
Attachment number 1
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. 801'ttem # 32
\388024\2 - # 507616 v4
Attachment number 2
'a~" u, oJU
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
SECOND RESTATEMENT
Item # 32
Attachment number 2
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 n istrator".......................................................................................................... 2
1.3 "Anniversary Date". ............................. ......................... ............................................. 2
1.4 "Ann ual Additions".................................................................................................... 2
1. 5 "Code". ....................................................................................................................... 2
1.6 "Com pensation" ........................................................................................................ 2
1.7 "Di rected I nvestment Fund". ....................................................................................3
1.8 "Effective Date". ........................... ............................. ................................................ 3
1.9 "Em pi oyee". ............................................................................................................... 3
1.10 "Em pi oyer"................................................................................................................. 3
1.11 "Employer Contribution Account" and "Employee Contribution Account". .........3
1.12 [This section intentionally left blank.]...................................................................... 3
1.13 "Li m itation Year". ......................................................................................................3
1.14 "Normal Reti rement Date"......................................................................................... 3
1.15 "Partici pant"............................................................................................................... 3
1.16 "PI an" ......................................................................................................................... 3
1.17 "PI an Adm i nistrator". ................................................................................................ 4
1.18 "PI an year"................................................................................................................. 4
1.19 "Pooled I nvestment Fund"........................................................................................ 4
1.20 "Rollover Contri bution Account" ...........................................................................4
1.21 "Section 415 Com pensation" ....................................................................................4
1.22 "Segregated I nvestment Fund". ...............................................................................4
1.23 "Trust". .......................................................................................................................4
1.24 "Trust Ag reement"..................................................................................................... 4
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 3 of 38
1.25 "Trustee" . ................................................................................................................... 4
1.26 "Trust Fu nd". ............................................................................................................. 4
1.27 "Val uati on Date". ....................................................................................................... 4
1.28 "Val uati on 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 Qualified Plan. .......................................................................................................... 5
ARTI CLE 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 Conflict in Terms ....................................................................................................... 7
3.5 Fi nal Authority........................................................................................................... 7
3.6 Appointment of Advisors and Delegation of Duties................................................ 7
ARTI CLE IV EI igi bil 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
ARTI CLE V Contri butions to the Trust.................................................................................... 9
5.1 Employer Contributions. ................ .................................. ......................................... 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
\388024\2 - # 507616 v4
II
Item # 32
Attachment number 2
Page 4 of 38
ARTICLE VI Participants' Accounts and Allocation of Contributions .................................10
6.1 Com mon Fund. ........................................................................................................ 1 0
6.2 Establishment of Accounts.....................................................................................10
6.3 I nterests of Parti ci pants.......................................................................................... 1 0
6.4 Adj ustments to Accou nts .......................................................................................10
6.5 Limitation on Allocation of Contributions..............................................................11
ARTICLE VII Benefits Under The Plan ...................................................................................13
7.1 Reti rement Benefit................................................................................................... 13
7.2 Term i nation of Em ployment Benefit....................................................................... 13
7.3 Death Benefit........................................................................................................... 13
ARTICLE VIII Form And Payment Of Benefits....................................................................... 15
8.1 Timing and Form. ....................................................................................................15
8.2 Manner of Payment.................................................................................................. 20
8.3 Lump Sum Payment ................................................................................................21
8.4 Periodic Adjustments.............................................................................................. 21
8.5 Location of Participant or Beneficiary Unknown...................................................21
8.6 Transfer to Other Qualified Plans........................................................................... 21
8.7 Di rect Roll overs. ...................................................................................................... 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
\388024\2 - # 507616 v4
III
Item # 32
Attachment number 2
Page 5 of 38
10.4 Term i 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 Procedu res............................................................................................................... 27
ARTICLE XII Miscellaneous.................................................................................................... 28
12.1 AI ienation ................................................................................................................. 28
12.2 Govern i 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...................................................................................................................... 33
\388024\2 - # 507616 v4
IV
Item # 32
Attachment number 2
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.
WIT N E SSE T 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:
1
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 7 of 38
ARTICLE I
DEFINITIONS
1.1 "Account" or "Accounts" shall mean a Participant's Employer
Contribution Account, Rollover Account and/or 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
2
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
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.
3
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 9 of 38
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
Administrator.
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.
4
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 10 of 38
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 perm itted 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.
5
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 11 of 38
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.
6
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 12 of 38
(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.
7
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 13 of 38
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.
8
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 14 of 38
ARTICLE V
CONT~BUTIONSTOTHETRUST
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.
9
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 15 of 38
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
10
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 16 of 38
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,
11
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 17 of 38
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.
12
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 18 of 38
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
13
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 19 of 38
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.
14
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 20 of 38
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
15
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 21 of 38
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
16
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 22 of 38
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.
17
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 23 of 38
(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.
18
\388024\2 - # 507616 v4
Item # 32
\388024\2 - # 507616 v4
Attachment number 2
Page 24 of 38
(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
19
Item # 32
Attachment number 2
Page 25 of 38
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 computed 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.
20
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 26 of 38
(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.
21
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 27 of 38
8.7 Direct Relievers.
(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.
22
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 28 of 38
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 and/or his Employee Mandatory
Contributions Accounts at any time.
23
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 29 of 38
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).
24
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 30 of 38
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 adm inistrative 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 limitations 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.
25
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
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
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 32 of 38
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.
27
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
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 # 32
Attachment number 2
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
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
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
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
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,
31
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
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.
32
\388024\2 - # 507616 v4
Item # 32
Attachment number 2
Page 38 of 38
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
\388024\2 - # 507616 v4
Item # 32
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8018-08 on second reading, amending and restating the City of Clearwater Premium Payment Plan and the City of
Clearwater Cafeteria Plan to comply with all legislative changes required by law and repealing all conflicting ordinances.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 33
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
Ordinattem. #J BJ8
Attachment number 2
'a~" u' oJ<-
CITY OF CLEARWATER
CAFETERIA PLAN
Item # 33
_ Ii <;()1 <;,11 u<;
Attachment number 2
Page 2 of 32
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
PAR TICIP A TION
2.1 ELIGIBILITy.................................................................................................................... .3
2.2 EFFECTIVE DATE OF PARTICIPATION ......................................................................3
2.3 APPLICATION TO PARTICIPATE .................................................................................3
2.4 TERMINATION OF PAR TICIP A TION ...........................................................................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
P ARTICIP 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
Item # 33
\388024\5 - # 501541 v5
Attachment number 2
Page 3 of 32
ARTICLE VI
HEAL TH 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 # 33
\388024\5 - # 501541 v5
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
Item # 33
\388024\5 - # 501541 v5
Attachment number 2
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 105(b )).
1
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 6 of 32
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)(I) 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.
2
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 7 of 32
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.
3
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 8 of 32
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.
4
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 9 of 32
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.
5
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 10 of 32
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.
6
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 11 of 32
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
7
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 12 of 32
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;
8
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 13 of 32
(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
9
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 14 of 32
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
10
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 15 of 32
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.
11
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 16 of 32
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
12
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 17 of 32
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
13
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 18 of 32
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:
14
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 19 of 32
(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)(I) (or deemed to be, as described in Section
7.2(d)(I) 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)(I))
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
15
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 20 of 32
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 ALLOW ABLE 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)).
16
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 21 of 32
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;
17
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 22 of 32
(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.
18
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 23 of 32
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,
19
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 24 of 32
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;
20
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 25 of 32
(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.
21
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 26 of 32
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.
22
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 27 of 32
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
enforceabl e.
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.
23
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 28 of 32
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.
24
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 29 of 32
11.15 HEALTH INSURANCE PORT ABILITY 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 subj ect 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.
25
\388024\5 - # 501541 v5
Item # 33
\388024\5 - # 501541 v5
Attachment number 2
Page 30 of 32
(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
Item # 33
Attachment number 2
Page 31 of 32
(7) Make available the Protected Health Information required to
provide an accounting of disclosures to individual Plan members m
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.
27
\388024\5 - # 501541 v5
Item # 33
Attachment number 2
Page 32 of 32
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
Item # 33
\388024\5 - # 501541 v5
u<;
Attachment number 3
'a~" u, "-,
CITY OF CLEARWATER
PREMIUM PAYMENT PLAN
Item # 33
Attachment number 3
Page 2 of 21
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
PAR TICIP A TION
2.1 ELIGIBILITy.................................................................................................................... .3
2.2 EFFECTIVE DATE OF PARTICIPATION ......................................................................4
2.3 TERMINATION OF PAR TICIP A TION ...........................................................................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 HEALTH 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
P ARTICIP 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
Item # 33
\388024\5 - # 502202 v5
Attachment number 3
Page 3 of 21
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
9.10 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
Item # 33
\388024\5 - # 502202 v5
Attachment number 3
Page 4 of 21
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.
1
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 5 of 21
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 m 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.
2
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 6 of 21
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)(I) 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.
3
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 7 of 21
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.
4
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 8 of 21
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.
5
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 9 of 21
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 HEAL TH 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.
6
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 10of21
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.
7
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 11 of 21
(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
8
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 12of21
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-l 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;
9
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 13of21
(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.
10
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 14 of 21
(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.
11
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 15of21
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.
12
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 16of21
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.
13
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 17 of 21
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.
14
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 18of21
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
enforceabl e.
9.9 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.
15
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 19of21
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).
16
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
Page 20 of 21
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.
17
\388024\5 - # 502202 v5
Item # 33
Attachment number 3
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. Home II
Ci ty Manager
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 33
\388024\5 - # 502202 v5
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize assumption of the contracts to purchase Royalty Theater and the Lokey building; approve the memorandum of understanding
between the City and Ruth Eckerd Hall and authorize the appropriate officials to execute same; authorize estimated closing costs not to
exceed $90,000, and authorize an additional $250,000 to be paid to Ruth Eckerd Hall for theater preparation costs including preliminary
architectural and construction manager services, for a total estimated cost of $2.65 million.
SUMMARY:
The City will assume the purchase contracts for 403 (purchase price of $975,000.00) and 401 (purchase price of $1,335.000.00)
Cleveland Street and will purchase said properties and cover all closing costs.
The City and Ruth Eckerd Hall will develop lease and management agreements similar to the existing agreement for the operation of
Ruth Eckerd Hall recognizing however that it is not the intent that the City subsidize the ongoing operations of the Theater following
rehabilitation of the facility.
Ruth Eckerd Hall estimates the total project cost to be $14.2 million broken down as follows: $2.4 million for purchase and closing
costs, including Ruth Eckerd Hall out of pocket due diligence expenditures ($13,920.00), $6.8 million for construction and renovation
and $5 million for an endowment fund.
In addition, presenting some performances in the Capitol/Royalty Theater during the pre-construction period will help generate interest
in the project. During the pre-construction period, Ruth Eckerd Hall will lease the facility from the City for $1.00 for each use. Ruth
Eckerd Hall will be responsible for all costs associated with each event, including staffing, set up and clean up. The net profit for each
event will be split equally between the City and Ruth Eckerd Hall. The City will assist Ruth Eckerd Hall in getting the facility ready for
use prior to commencement of remodeling. The City will advance/provide funding following closing not to exceed $250,000 (to be
netted from the above cost estimates from the City's/public funding total of $6.2 million) for cleaning the theater, clearing the theater of
unwanted and unnecessary debris and clutter, purchasing stage, lighting, sound and projection equipment and other necessary items to
ensure a comfortable and safe environment with adequate equipment to be able to mount performances. Equipment purchased would be
able to be used in the final project. Ruth Eckerd Hall would carry appropriate insurance up to entertainment and performing arts
industry standards for such use of the theater and shall indemnify and hold harmless the City for any losses that occur as a result of Ruth
Eckerd Hall's use of the theater.
Ruth Eckerd Hall will accept responsibility for the construction and not seek any additional funding beyond what is stated in this
document for the construction and renovation of the theater and the adjacent building.
In raising endowment funds, it is the intent for Ruth Eckerd Hall to operate the facility without any ongoing annual subsidy from the
City.
Funding will be provided by the transfer of $2.65 million from the unappropriated retained earnings of the Special Development Fund to
establish a new capital improvement project 315-93614, Royalty Theatre Acquisition at first quarter.
Type:
Current Year Budget?:
Capital expenditure
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
Funding will be provided by the transfer of $2.65 million from the unappropriated retained earnings of the Special Development Fund
to establish a new capital improvement project 315-93614, Royalty Theatre Acquisition at first quarter.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
2,650,000.00
Annual Operating Cost:
Total Cost: $2,650,000
Cover Memo
10012008 to 09302008
Item # 34
Appropriation Code
315-93614
Amount
2,650,000
Appropriation Comment
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Item # 34
r-age "I OT "14
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") is made and
entered into this _ day of 2008, by and between CAPEL
PROPERTIES, whose mailing address is: 870 Lantern Way, Clearwater, FL 33765,
hereinafter referred to as the "Seller", and RUTH ECKERD HALL, INC., a Florida
corporation, whose business address is: c/o Mr. Robert Freedman, 1111 McMullen
Booth Road, Clearwater, FL 33759, hereinafter referred to as the "Buyer",
RECITALS:
(A) The Seller is the owner of the hereinafter described property, and is able to
convey good and marketable title, free and clear of all liens and encumbrances, except as
otherwise herein provided, to Buyer, and Buyer desires to purchase the Property from the
Seller and to close on said property subject to the terms as hereinafter set forth, said
property being more fully described as follows:
See Exhibit "A" attached hereto and made a part hereof by reference,
[the "Property"]
Parcel LD.#:
16-29-15-20358-002-0071
NOW THEREFORE, in consideration of the mutual promises contained in this
Agreement and for other valuable consideration, the receipt and adequacy of which is
acknowledged by each party, the recitals set forth above are incorporated herein by
reference, and Seller agrees to sell and the Buyer agrees to purchase the Property upon
the following terms and conditions:
ARTICLE ONE - PURCHASE PRICE AND ESCROW
1.1 Purchase Price. The total purchase price hereunder is ONE MILLION
THREE HUNDRED THIRTY-FIVE THOUSAND AND NO/100 ($1,335,000.00)
Dollars:
(a) The amount of the deposit is $10,000.00 as an earnest money deposit (the
"Earnest Money Deposit) which is held by the Buyer's attorneys, as hereinafter provided
(the "Escrow Agent"). The Escrow Agent shall hold the Earnest Money Deposit in
escrow until closing. At closing, the Earnest Money Deposit shall be paid by the Escrow
Agent to Seller and all such monies shall be applied against the purchase price due from
Buyer at closing. At the request of Buyer, said escrow deposit shall be placed in an
interest-bearing account, with interest accruing to the benefit of the Buyer. Upon written
Item # 34
r-age L OT "14
request, Buyer shall provide said attorneys' with Buyer's Federal J.D. Number for
purposes of reporting income.
(b) If the Buyer obtains approval from the City of Clearwater November 6, 2008
as hereinafter provided, then within ten (10) business days, the Buyer shall pay to the
Escrow agent the sum of $40,000.00, hereinafter referred to as the "Additional Earnest
Money Deposit". For purposes of this Agreement, the term "Additional Earnest Money
Deposit" shall be incorporated in the definition of Earnest Money Deposit. Upon the
posting of an Additional Earnest Money Deposit, the entire Earnest Money Deposit shall
become non-refundable, except in the case of a default by the Seller, or failure of Buyer
to obtain marketable title to the contiguous site per Section 5 .1 (b) below, whereby the
Deposit shall be refunded.
(c) The balance of the purchase price, subject to prorations, adjustments and
other matters specified herein, shall be paid in cash at closing.
ARTICLE TWO - TITLE INSURANCE
2.1(a) Title Insurance. Buyer has received an acceptable title commitment,
subject to being updated with no changes and customary deletions being made at closing.
2.1 (b) Title Agent. Title agent for this transaction shall be Brad Wood of Bradley
J. Wood, P.A., 600 First Avenue North, Suite 302, St. Petersburg, FL 33701, telephone
number: (727) 895.1991, facsimile: (727) 898-3456.
ARTICLE THREE - SURVEY
3.1 Survev. Intentionally deleted.
ARTICLE FOUR - INSPECTION PERIOD
4.1 Inspection Period. Buyer has inspected the premises, and accepts them
in the current condition. Seller is to convey the premises in the present condition, only
reasonable wear and tear being accepted.
ARTICLE FIVE - PROPERTY
5.1 Conditions Precedent. Buyer's obligations under this Agreement are
conditioned upon the following conditions precedent having been met to the satisfaction
Item # 34
2
r-age 0 OT "14
of Buyer, and to the extent such conditions are not met as hereinafter provided Buyer
shall have the right to terminate this Agreement, receive all deposits made hereunder, or
alternatively to extend or to waive such conditions and proceed to closing as herein
provided.
(a) Inspection/Feasibility Study. Intentionally deleted.
(b) Acquisition of Contiguous Parcel. Buyer's obligations hereunder are
specifically subject to Buyer obtaining a Purchase and Sale Agreement, acceptable to
Buyer, for the contiguous properties located at 403 Cleveland Street, Clearwater, FL
33755, and closing simultaneously on that site or property [the "Contiguous Site"], along
with the properties to be purchased hereunder. Within ten (10) days, Buyer shall advise
Seller in writing as to the status of obtaining a Purchase and Sale Agreement for the
contiguous site, and if not executed by then, either party may cancel this Agreement. If
the closing fails to occur on the Contiguous Site, Buyer shall have the unilateral right to
cancel this said Agreement, and recover all deposits made, by giving notice in writing, to
the Escrow Agent and to the Seller. In the event Buyer is able to acquire the Contiguous
Site within the terms of this Agreement, the Closing for the acquisition of the Property
which is the subject of this Agreement will be held contemporaneously with the Closing
of the Buyer's acquisition of the Contiguous Site, whenever it may occur as set forth
herein.
( c ) City Approval. Approval of the Purchase and Sale Agreements for 40 I
and 403 Cleveland Street properties by the City of Clearwater at its regularly scheduled
meeting November 6, 2008 without further conditions, other than marketable title being
transferred at closing free and clear of all liens and encumbrances, unless otherwise
provided herein, and the condition of the property remaining the same, reasonable wear
and tear being excepted. If the two Agreements are not approved, this Agreement shall
be of no further force and effect.
(d) Warranties and Representations. This Agreement is conditioned upon all
the representations and warranties made herein by Seller being true as and when made,
and true as of the closing date hereunder.
(e) The Parties to this Agreement acknowledge that the Property is subject to
an existing lease dated October 11, 2007, given to Opus South Corporation as Tenant,
with a lease termination date of January 1, 2010. Buyer acknowledges that it has
received and reviewed a copy of said lease. Parties hereto further agree that pursuant to
the closing of the purchase and sale of the Property as contemplated by this Agreement,
the Buyer shall acquire all right, title and interest in and to said lease along with any
security deposit that may be remaining and held by the Seller, and that Buyer shall be
entitled to all rents, royalties and income produced by the Property, beginning on the day
Item # 34
3
r-age 4 OT "14
and date of closing of the purchase and sale transaction, through the termination date of
the lease, or any early termination or extension thereof.
ARTICLE SIX - WARRANTIES AND REPRESENTATIONS
6.1 Warranties and Representations bv Seller. To induce the Buyer to
enter into this Agreement, the Seller makes the following representations and warranties
to and agrees with the Buyer, to the best of Seller's knowledge, all of which are true at
the date of execution of this Agreement and shall be true at the closing of this transaction:
(a) No representation or warranty by the Seller in this Agreement or in any
instrument, certificate or statement furnished to Buyer pursuant hereto, or in connection
with the transaction contemplated hereby, contains or will contain any untrue statement
of a material fact or omit to state a material fact necessary to make the statements
contained herein or therein not misleading;
(b) The Property at the time of closing, will be free and clear of all liens,
security interests, encumbrances and assessments of any kind, except for the Permitted
Title Exceptions;
(c) The Seller has no knowledge of any pending or threatened condemnation
proceedings affecting the Property or any part thereof;
(d) There are no unrecorded easements, restrictions or encumbrances
affecting all or any part of the Property except for the Permitted Title Exceptions;
(e) All taxes and assessments against the Property due and payable on or
before the closing date hereof will be paid, and there are no Agreements, waivers or other
arrangements providing for an extension of time with respect to the assessment of any
type of tax or deficiency against Seller as to the Property, nor to the best of its
knowledge, are there any civil actions for additional taxes and assessments of any kind
(whether special or otherwise) asserted by any taxing authority.
(f) There are no mechanic's or materialmen's liens against the Property
except as expressly allowed hereunder, and if subsequent to the closing any mechanic's
or materialmen's or other type lien shall be filed against the Property or against the Buyer
or its assigns, based upon any act or omission of Seller occurring prior to closing on the
Property, within thirty (30) days after the filing thereof, Seller shall take such action, by
bonding, deposit, payment or otherwise, as will remove, transfer or satisfy such lien of
record against the Property; and
Item # 34
4
r-age ::> OT "14
(g) (i) There has been no disposal, burial or placement of toxic or hazardous
waste, debris or other foreign material on or about the Property; (ii) the Property and
Seller are not in violation of any of the applicable requirements of law in connection with
the disposal, storage, treatment, generation, processing and other handling of waste and
the emission or discharge of any effluent, contaminants, pollution or other materials, and
no other person or entity has used all or part of the Property or any lands contiguous to
the Property in violation of any of those requirements of law; (iii) there is no
contamination, pollution or danger of pollution resulting from a condition on or under the
Property or on or under any lands in the vicinity of the Property; (iv) there are no
storage tanks on the Property; (v) environmental conditions associated with the Property
are in compliance with all applicable, relevant and appropriate federal, state and local
governmental environmental standards, criteria, limitations and requirements; and (vi)
Seller has disclosed to Buyer all information in Seller's possession relating to the
environmental condition of the Property. Seller has not received any information from
neighboring property owners indicating they have any major concerns about existing
environmental conditions which could affect the Property or suggesting they might look
to Seller for contribution to clean up such condition. In the event Buyer shall discover
such hazardous wastes, toxic substances, tanks or other unsatisfactory (in Buyer's sole
discretion) environmental conditions on the Property at any time prior to Settlement, in
addition to its other rights and remedies at law or equity under this Agreement, Buyer
shall have the right to terminate this Agreement upon written notice thereof to the Seller,
whereupon Escrow Agent shall return the Deposit to Buyer together with all interest
thereon, and thereafter this Agreement shall be deemed void and neither party shall have
any further rights or obligations hereunder; provided, however, that if Seller had
knowledge of such environmental condition and failed to disclose same to Buyer in
breach of this Agreement, Seller shall immediately reimburse Buyer for Buyer's
Reasonable Costs. The foregoing reimbursement obligation of Seller shall survive on
termination of this Agreement by Buyer. Notwithstanding anything to the contrary
herein, the effect of the representations made in this subparagraph shall not be diminished
or deemed to be waived by any inspections, tests or investigations made by the Buyer or
its agents.
(h) Except as otherwise set forth herein, no portion of the Property is subject
to any option or right of first refusal and no portion of the Property is subject to any lease,
or other possessory interest which cannot be cancelled or otherwise terminated on or
before closing date. As of closing, Seller shall have caused to have all possessory
interests cancelled, and removed, such that at closing Buyer shall have the immediate and
unlimited right to enter into possession of the property sold hereunder, to commence
development of the Intended Use without any limitation or restrictions.
(i) Seller is not aware of any facts or circumstances which would have a
material adverse affect on the value of the property being sold hereunder, and Seller
represents that to Seller's knowledge, no transfer of development rights has occurred
Item # 34
5
r-age 0 OT "14
from the property nor are there other governmental limitations restricting full
development of the Property.
ARTICLE SEVEN - CLOSING
7.1 Closin2.
(a) Closing shall be on or before December 9, 2008. Closing shall be at a
location as mutually agreed to between the parties. At closing, upon receipt of the
purchase price, subject to prorations and adjustments provided for herein, Seller shall
execute and deliver to Buyer a sufficient and recordable statutory Warranty Deed,
conveying a good marketable record fee simple title in and to the Property subject only to
applicable zoning regulations, ad valorem taxes for the year of closing, if not yet due and
payable, and the Permitted Exceptions. Seller shall also execute and deliver an owner's
affidavit in standard form acceptable to the title insurance company issuing the
commitment indicating that Seller has exclusive possession of the Property, that the
Property is not subject to mechanics' liens or potential claims of mechanics' liens, that
Seller is not a foreign person as contemplated by Section 1445 of the Internal Revenue
Code to avoid the necessity to withhold a portion of the purchase price and indicating
Seller's Taxpayer Identification number. All prior taxes and assessments shall be fully
paid by Seller; taxes for the current year shall be prorated to the Closing Date. In the
event the current year's tax amount is not then available, the taxes shall be prorated based
upon the previous year's tax bill, adjusted in accordance with known changes. Either
party may request that the taxes be prorated in accordance with the actual tax amount.
Risk of loss shall remain with Seller until closing and possession shall be given to Buyer
at the time of closing, except that Buyer may, after the Inspection Period, has rights of
entry as hereinabove provided and may place signage on the site regarding its proposed
development, provided all is at the sole cost and expense of the Buyer.
ARTICLE EIGHT - CLOSING COSTS
8.1 Closin2 Costs: Seller shall pay for the documentary stamps to be affixed
to the deed, costs of title insurance commitment and title insurance policy as hereinabove
provided, prorata taxes, assessments on the property as of closing, broker's commissions,
if any, and costs to correct any title defects as hereinabove provided. Buyer shall pay for
recording the deed, for all inspections, permitting, zoning or other fees incident to
seeking approvals provided for above, and for any costs pertaining to financing.
Item # 34
6
r-age ( OT "14
ARTICLE NINE - DEFAULTS
9.1 Defaults. If all of the terms and conditions hereof have been fulfilled,
and Buyer fails to close upon this Agreement, then, upon demand of Seller, the Deposit
shall be delivered by Escrow Agent to Seller as full consideration for the execution of
this Agreement and in full settlement of all claims for damages, and Seller and Buyer
shall thereupon be relieved of all further obligations each to the other hereunder. In the
event Seller fails to perform any of the covenants hereof, or if any of the conditions
herein are not met, Buyer may elect to demand and receive return of the Deposit and any
accrued interest thereon from Escrow Agent, to recover any and all damages sustained, or
Buyer may elect to have specific performance of this Agreement, including pursuing all
rights of Seller under prior Agreements for said Property, which are assigned hereby, in
the appropriate court, and recover all cost and expenses incurred incident thereto,
including attorneys' fees, and damages for Seller's failure or refusal to close hereunder.
ARTICLE TEN - NOTICES
10.1 Any notice or demand which may be given under this Agreement or under
any law shall be in writing and shall be deemed to have been given when delivered either
by personal delivery, national overnight courier company, or when mailed by first class
u.S. Mail, postage prepaid and deposited into the U.S. Mail, being deemed the delivery
of notice, or when given by facsimile transmission or via e-mail, as follows:
To Seller:
Capel Properties
870 Lantern Way
Clearwater, FL 33765
FAX#:
(F or purposes of this Agreement, notice
may be sent to any attorney or represen-
tative of Seller)
With Copy to:
Brad Wood, Esq.
Bradley J. Wood, P.A.
600 First Avenue North
Suite 302
S1. Petersburg, FL 33701
Phone: (727) 895-1991
FAX #: (727) 898-3456
Item # 34
7
r-age tl OT "14
To Buyer:
Ruth Eckerd Hall, Inc.
Attn: Mr. Robert Freedman
1111 McMullen Booth Road
Clearwater, FL 33759
FAX #: (727) 723-9261
Harry S. Cline, Esq.
Macfarlane Ferguson & McMullen
625 Court Street
Suite 200
Post Office Box 1669
Clearwater, FL 33757
FAX #: (727) 442-8470
Copy to Brokor:
Mr. Mark Klein
Klein & Heuchan, Inc.
1744 N. Belcher Road
Clearwater, FL 33765
FAX #: (727) 449-1724
ARTICLE ELEVEN - CONDEMNATION; CASUALTY
11.1 Condemnation. If prior to the Closing Date all or part of the Property
becomes the subject of a condemnation proceeding by any governmental authority, then
Buyer shall have the right to elect within twenty (20) days of receiving actual notice of
such proceeding to:
(a) take title to the Property on the Closing Date without an abatement or
adjustment to the Purchase Price, in which event Seller shall unconditionally assign
Seller's rights in the condemnation award (or portion thereof allocated to the portion of
the Property being taken) to Buyer (or give Buyer a credit against the Purchase Price
equal to such award if it has theretofore been received by Seller); or
(b) terminate this Agreement, whereupon the duties and obligations thereunder
of the Parties shall end, and Escrow Agent shall promptly return the Deposit to Buyer.
11.2 Casualty. If prior to the Closing Date all or a material part of the Property
becomes the subject of a casualty that materially adversely affects Buyer's ability to use
the Property, then Buyer shall have the right to elect within twenty (20) days of receiving
actual notice of such proceeding to:
Item # 34
8
r-age ~ OT "14
(a) take title to the Property on the Closing Date without an abatement or
adjustment to the Purchase Price, in which event Seller shall unconditionally assign
Seller's rights in any insurance proceeds, if any, (or portion thereof allocated to the
Property) to Buyer (or give Buyer a credit against the Purchase Price equal to such
proceeds if they have theretofore been received by Seller); or
(b) terminate this Agreement, whereupon the duties and obligations thereunder
of the Parties shall end, and Escrow Agent shall promptly return the Deposit to Buyer.
ARTICLE TWELVE - REAL ESTATE BROKERS
12.1 Sales Commission. The parties acknowledge that the real estate brokers
involved are KLEIN & HEUCHAN, INC. and BA YSIDE COMMERCIAL REALTY, INC.
[Michael Ogilvie], and each broker shall be paid 3.25% commission of the purchase price
by the Seller conditioned upon closing. Seller shall likewise pay any other particpating
brokers. Seller hereby agrees to indemnify and hold Buyer harmless from any and all
loss, damage, cost and expense, including reasonable attorneys' fees, which Buyer may
sustain or incur by reason of any real estate commission or fee claimed to be due by,
through or under the Seller.
ARTICLE THIRTEEN - MISCELLANEOUS
13.1 The covenants herein contained shall bind and the benefits and advantages
shall inure to the respective heirs, personal representatives, successors and assigns of the
parties hereto. Whenever used, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
13.2 The captions and headings herein are for convenience and reference only
and in no way define or limit the scope or content of this Agreement or in any way affect
its provisions.
13.3 This Agreement shall be effective as of the last date upon which each of the
parties hereto have executed this Agreement.
13.4 This Agreement shall be interpreted, construed, and enforced in accordance
with the laws of the State of Florida. The venue for any action hereon shall be in the
county where the property is located.
13.5 Where necessary to effectuate the evident intent of the parties, the
warranties, covenants and Agreements contained herein shall survive the closing of this
transaction.
Item # 34
9
r-age "IV OT "14
13.6 Time is of the essence of this Agreement.
13.7 In the event it becomes necessary to commence litigation to enforce the
terms of this Agreement, the prevailing party shall be entitled to payment of all of its
expenses, including reasonable attorneys' fees in trial and appellate proceedings, this
provision to survive closing hereunder.
13.8 Seller shall not from the date of this contract, execute any instrument of any
type (including, but not limited to, leases, deeds, mortgages or liens) affecting the
property without the prior written consent ofthe Buyer.
13.9 This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and all such counterparts together shall constitute one and
the same instrument. Any party may execute this Agreement by signing anyone
counterpart. Receipt of a facsimile transmission (followed promptly by an original
executed counterpart) shall be deemed receipt of an original.
13.10 This contract is fully assignable by Buyer, or Buyer's assigns.
13.11 Seller shall fully cooperate incident to joining in any and all appropriate
inspections, applications with government or processing other matters pursued incident to
qualifying the property for its Intended Use or meeting the terms, conditions or
provisions of this Agreement, expressed or implied.
13 .12 Within fifteen (15) days from the date of execution of this Agreement,
Seller shall deliver to Buyer all plans, surveys, engineering reports, soil study reports,
environmental studies, assessments, and similar documents in Seller's possession, or
possession of which Seller can obtain through reasonable efforts, relating to the property
and its development. If Buyer does not close hereunder, said documentation shall be
returned to Seller. As to any historic documents delivered to Buyer, Seller makes no
representations or warranties thereto as to the completeness or accuracy thereof, and only
represents that such materials were acquired by Seller incident to it ordinary course of
review and acquisition of the subject properties.
13.13 Any warranties, covenants, and representations herein shall survive the
execution of this Agreement and shall not be merged into any subsequent documentation.
13 .14 All deposits or other payments made hereunder, at any time, whether to the
Escrow Agent or any sums released to Seller(s), shall be fully applicable to the purchase price
unless express stated to the contrary in this said Agreement.
13 .15 Seller acknowledges and agrees that Buyer's attorney, Harry S. Cline of the
law firm of Macfarlane Ferguson & McMullen, or in his absence, his partners, may give
notices on behalf of Buyer hereunder, and if an attorney has appeared for Seller, notice to
Item # 34
10
r-age "I "I OT "14
that attorney shall be deeemed notice to Seller, and that attorney may likewise give notice
on behalf of Seller.
13.16 As additional consideration, if Buyer closes hereunder, Buyer will extend a
Dress Circle Membership to Capel for life, and a naming opportunity in the
Royalty Theater project, subject to the reasonable approval of Buyer.
ARTICLE FOURTEEN - ESCROW AGENT
14.1. During the term of this Agreement, the Escrow Agent shall hold and disburse
the deposit(s) in accordance with the terms and provisions hereof. In the event of any dispute
as to disbursements, the Escrow Agent shall disburse funds only upon the joint written
instructions of the Seller and Buyer, or upon court order. If the Escrow Agent shall receive
notice from Buyer during the Inspection Period, requesting that the funds be paid to Buyer,
Escrow Agent shall be authorized to immediately do so and simply notify Seller in writing of
such event. If Escrow Agent shall receive written notice from Buyer that conditions set forth
as Conditions Precedent in the Agreement have not been met, or cannot be met, on a
reasonable basis for customary costs, expenses and charges, then in such event the Escrow
Agent shall give written notice to Seller that the Buyer is seeking to cancel the Agreement and
requesting release of the Deposit(s) back to the Buyer, and in said notice Escrow Agent shall
give Seller ten (10) calendar days within which time to register objection to release of the
funds per the Buyer's request. If written objection is not received within said time frame,
with reasons stated for the objection, then in such event Escrow Agent shall be, and the same
hereby is, authorized to release said funds and this Agreement shall be of no further force and
effect. By joining herein, the Escrow Agent undertakes only to perform the duties and
obligations imposed upon the Escrow Agent under the terms of this Agreement and expressly
does not undertake to perform any of the other covenants, terms and provisions incumbent
upon the Seller and the Buyer hereunder. Buyer and Seller hereby agree and acknowledge
that the Escrow Agent assumes no liability in connection herewith except for negligence or
willful misconduct; that the Escrow Agent shall never be responsible for the validity,
correctness or genuineness of any document or notice referred to under this Agreement; and
that in the event of any dispute under this Agreement, the Escrow Agent may seek advice
from its own counsel and shall be fully protected in any action taken by it in good faith in
accordance with the opinion of its counsel. Escrow Agent shall be fully indemnified by the
parties hereto except in the case of Escrow Agent's gross negligence, for all of its expenses,
costs, and reasonable attorney's fees incurred in connection with any interpleader action
which Escrow Agent may file to resolve any dispute as to the Deposit, or which may be filed
against the Escrow Agent. If Escrow Agent is made a party to any judicial, non-judicial or
administrative action, hearing or process based on acts of any of the other parties hereto and
not on the malfeasance and/or negligence of Escrow Agent in performing its duties hereunder,
the expenses, costs and reasonable attorney's fees incurred by Escrow Agent in responding to
such action, hearing or process may be deducted from the funds held hereunder and the
party/parties whose alleged acts are a basis for such proceedings shall indemnify, save and
hold Escrow Agent harmless from said expenses, costs and fees so incurred.
Item # 34
11
r-age "IL OT "14
ARTICLE FIFTEEN - EXECUTION BY SELLER
15.1 In the event Seller does not execute and deliver a copy of this Agreement to
Buyer on or before 5:00 p.m. , 2008, Buyer's offer contained in this
Agreement shall terminate and be of no further force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
and shall be deemed to have executed such, on the day and year first written above.
Signed, sealed and delivered
in the presence of:
RUTH ECKERD HALL, INC.,
INC., a Florida corporation
By:
As to "Buyer"
Dated:
,2008
CAPEL PROPERTIES, INC., a
Florida corporation
By:
As to "Seller"
Dated:
, 2008
Item # 34
12
r-age "10 OT "14
EXHIBIT" A"
LEGAL DESCRIPTION
The West ~ of Lot 7, Block B, JOHN R. DAVEY'S ET AL
RESUBDIVISION OF EARLL, MUMFORD, RUSS AND STARRIS
SUBDIVISION, according to the map or plat thereof as recorded in
Plat Book HI, page 87, of the public records of Hillsborough County,
Florida, of which Pinellas County was formerly a part.
Item # 34
13
r-age "14 OT "14
EXHIBIT "B"
BROKER COMMISSION(S) DUE BY SELLER
h:\data\aty\hsc\pact\40 1 cleveland.l 021 08.p&s.clean.doc
Item # 34
14
r-age "I OT "14
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") is made and
entered into this _ day of , 2008, by and between MAMC FLORIDA
SPORTSDANCE, LLC, a Florida limited liablity company, whose mailing address is:
3250 Mary Street, Suite 402, Coconut Grove, FL 33133, hereinafter referred to as the
"Seller", and RUTH ECKERD HALL, INC., a Florida corporation, whose business
address is: c/o Mr. Robert Freedman, 1111 McMullen Booth Road, Clearwater, FL
33759, hereinafter referred to as the "Buyer".
RECITALS:
(A) The Seller is the owner of the hereinafter described property, and is able to
convey good and marketable title, free and clear of all liens and encumbrances, except as
otherwise herein provided, to Buyer, and Buyer desires to purchase the Property from the
Seller and to close on said property subject to the terms as hereinafter set forth, said
property being commonly known as 403 Cleveland Street, Clearwater, FL 33755-4004
and more fully described as follows:
See Exhibit "A" attached hereto and made a part hereof by reference,
[the "Property"]
Parcel I.D.#:
16-29-15-20358-002-0070
NOW THEREFORE, in consideration of the mutual promises contained in this
Agreement and for other valuable consideration, the receipt and adequacy of which is
acknowledged by each party, the recitals set forth above are incorporated herein by
reference, and Seller agrees to sell and the Buyer agrees to purchase the Property upon
the following terms and conditions:
ARTICLE ONE - PURCHASE PRICE AND ESCROW
1.1 Purchase Price. The total purchase price hereunder is NINE HUNDRED
SEVENTY-FIVE THOUSAND AND NO/lOO ($975,000.00) Dollars:
(a) The amount of the deposit is $10,000.00 as an earnest money deposit (the
"Earnest Money Deposit") is held by the Buyer's attorneys (the "Escrow Agent"). The
Escrow Agent shall hold the Earnest Money Deposit in escrow until closing. At closing,
the Earnest Money Deposit shall be paid by the Escrow Agent to Seller and all such
Item # 34
r-age L OT "14
monies shall be applied against the purchase price due from Buyer at closing. At the
request of Buyer, said escrow deposit shall be placed in an interest-bearing account, with
interest accruing to the benefit of the Buyer. Upon written request, Buyer shall provide
said attorneys' with Buyer's Federal I.D. Number for purposes of reporting income.
(b) If the Buyer obtains approval from the City of Clearwater November 6, 2008
as hereinafter provided, then within three (3) business days, the Buyer shall pay to the
Escrow agent the sum of $40,000.00, hereinafter referred to as the "Additional Earnest
Money Deposit". For purposes of this Agreement, the term "Additional Earnest Money
Deposit" shall be incorporated in the definition of Earnest Money Deposit. Upon said
approval, the initial $10,000.00 shall be fully earned as hereinafter provided, and upon
posting the additional deposit the entire Earnest Money Deposit shall be non-refundable,
absent Seller default, or failure of Buyer to obtain marketable title to the contiguous site
per Section 5.1(c) below.
(c) The balance of the purchase price, subject to prorations, adjustments and
other matters specified herein, shall be paid in cash at closing.
ARTICLE TWO - TITLE INSURANCE
2.1 Title Insurance. Buyer has received an acceptable title commitment,
subject to being updated with no changes and customary deletions being made at closing.
ARTICLE THREE - SURVEY
3.1 Survev. Intentionally deleted.
ARTICLE FOUR - INSPECTION PERIOD
4.1 Inspection Period. Buyer has inspected the premises, and accepts them
in the current condition. Seller is to convey the premises in the present condition, only
reasonable wear and tear being accepted.
ARTICLE FIVE - PROPERTY
5.1 Conditions Precedent. Buyer's obligations under this Agreement are
conditioned upon the following conditions precedent having been met to the satisfaction
of Buyer, and to the extent such conditions are not met as hereinafter provided Buyer
shall have the right to terminate this Agreement, receive all deposits made hereunder, or
Item # 34
2
r-age 0 OT "14
alternatively to extend or to waive such conditions and proceed to closing as herein
provided.
(a) Inspection/Feasibility Study. Intentionally deleted.
(b) State Court Receivership Approvals. The parties acknowledge that Seller
is subject to a State Court Receivership in Miami, Florida before Judge Thomas Wilson,
Jr., and Michael I. Goldberg is the receiver appointed in connection thereto (the
"Receiver"). Accordingly, the Purchase Agreement, and the transactions contemplated
thereby, are subject to Seller obtaining the Court's approval. The Court's Order shall
specify who is to sign any deed of conveyance. Upon execution here by both parties,
Seller shall obtain approval prior to Closing. If not approved and this contract is
cancelled, Seller will immediately reimburse Buyer for all costs, fees and expenses
incurred incident to Buyer doing its due diligence hereunder, to include attorneys' fees
incurred by Buyer in enforcing this Seller obligation should litigation arise as to such
reimbursements.
(c) Acquisition of Contiguous Parcel. Buyer's obligations hereunder are
specifically subject to Buyer obtaining a Purchase and Sale Agreement, acceptable to
Buyer, for the contiguous properties located at 401 Cleveland Street, Clearwater, FL
33755, and closing simultaneously on that site or property [the "Contiguous Site"], along
with the properties to be purchased hereunder. Within ten (10) days from the Effective
Date, Buyer shall advise Seller in writing as to the status of obtaining a Purchase and Sale
Agreement for the contiguous site, and if not executed by then, either party may cancel
this Agreement. If the closing fails to occur on the Contiguous Site, Buyer shall have the
unilateral right to cancel this said Agreement, and recover all deposits made, by giving
notice in writing, to the Escrow Agent and to the Seller. In the event Buyer is able to
acquire the Contiguous Site within the terms of this Agreement, the Closing for the
acquisition of the Property which is the subject of this Agreement will be held
contemporaneously with the Closing of the Buyer's acquisition of the Contiguous Site,
whenever it may occur as set forth herein.
( c ) City Approval. Approval of the Purchase and Sale Agreements for 401
and 403 Cleveland Street properties by the City of Clearwater at its regularly scheduled
meeting November 6, 2008 without further conditions, other than marketable title being
transferred at closing free and clear of all liens and encumbrances, unless otherwise
provided herein, and the condition of the Property remaining the same, reasonable wear
and tear being excepted. If the two Agreements are not approved, this Agreement shall
be of no further force and effect.
Item # 34
3
r-age 4 OT "14
ARTICLE SIX
6.1 GENERAL DISCLAIMER. EXCEPT AS SPECIFICALLY SET
FORTH IN THIS AGREEMENT, THE SALE OF THE PROPERTY HEREUNDER IS
AND WILL BE MADE ON AN "AS IS," "WHERE IS," AND "WITH ALL FAULTS"
BASIS, WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND OR
NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY
REPRESENTATION OR WARRANTY CONCERNING TITLE TO THE PROPERTY,
THE PHYSICAL CONDITION OF THE PROPERTY (INCLUDING THE
CONDITION OF THE SOIL OR THE IMPROVEMENTS), THE ENVIRONMENTAL
CONDITION OF THE PROPERTY (INCLUDING THE PRESENCE OR ABSENCE
OF HAZARDOUS SUBSTANCES ON OR AFFECTING THE PROPERTY), THE
COMPLIANCE OF THE PROPERTY WITH APPLICABLE LAWS AND
REGULATIONS (INCLUDING ZONING AND BUILDING CODES OR THE
STATUS OF DEVELOPMENT OR USE RIGHTS RESPECTING THE PROPERTY),
ANY REPRESENTATION OR WARRANTY RESPECTING ANY INCOME,
EXPENSES, CHARGES, LIENS OR ENCUMBRANCES, RIGHTS OR CLAIMS ON,
AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF.
PURCHASER ACKNOWLEDGES THAT, DURING THE INSPECTION PERIOD,
PURCHASER WILL EXAMINE, REVIEW AND INSPECT ALL MATTERS WHICH
IN PURCHASER'S JUDGMENT BEAR UPON THE PROPERTY AND ITS VALUE
AND SUITABILITY FOR PURCHASER'S PURPOSES. EXCEPT AS TO MATTERS
SPECIFICALL Y SET FORTH IN THIS AGREEMENT: (A) PURCHASER WILL
ACQUIRE THE PROPERTY SOLELY ON THE BASIS OF ITS OWN PHYSICAL
AND FINANCIAL EXAMINATIONS, REVIEWS AND INSPECTIONS AND THE
TITLE INSURANCE PROTECTION AFFORDED BY THE OWNER'S POLICY, AND
(B) WITHOUT LIMITING THE FOREGOING, PURCHASER WAIVES ANY RIGHT
IT OTHERWISE MAY HAVE AT LAW OR IN EQUITY, INCLUDING, WITHOUT
LIMITATION, THE RIGHT TO SEEK DAMAGES FROM SELLER IN
CONNECTION WITH THE ENVIRONMENTAL CONDITION OF THE PROPERTY,
INCLUDING ANY RIGHT OF CONTRIBUTION UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT.
6.2 RELEASE. EXCEPT FOR MATTERS SET FORTH IN THIS
AGREEMENT THAT SPECIFICALLY SURVIVE THE CLOSING OF THIS
AGREEMENT, EFFECTIVE AS OF THE CLOSING, PURCHASER SHALL BE
DEEMED TO HAVE RELEASED SELLER AND ANY AGENT, ADVISOR,
REPRESENTATIVE, AFFILIATE, EMPLOYEE, DIRECTOR, PARTNER, MEMBER,
BENEFICIARY, INVESTOR, SERVANT, SHAREHOLDER, TRUSTEE OR OTHER
PERSON OR ENTITY ACTING ON SELLER'S BEHALF OR OTHERWISE
RELATED TO OR AFFILIATED WITH SELLER (COLLECTIVEL Y, "SELLER
RELATED PARTY") FROM ALL CLAIMS WHICH PURCHASER OR ANY AGENT,
REPRESENTATIVE, AFFILIATE, EMPLOYEE, DIRECTOR, OFFICER, PARTNER,
Item # 34
4
r-age ::> OT "14
MEMBER, SERVANT, SHAREHOLDER OR OTHER PERSON OR ENTITY
ACTING ON PURCHASER'S BEHALF OR OTHERWISE RELATED TO OR
AFFILIATED WITH PURCHASER (EACH, A "PURCHASER RELATED PARTY")
HAS OR MAY HAVE ARISING FROM OR RELATED TO ANY MATTER OR
THING RELATED TO OR IN CONNECTION WITH THE PROPERTY INCLUDING
THE DOCUMENTS AND INFORMATION REFERRED TO HEREIN, ANY
CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS IN THE DESIGN OR
CONSTRUCTION OF ALL OR ANY PORTION OF THE PROPERTY AND ANY
ENVIRONMENTAL CONDITIONS, AND PURCHASER SHALL NOT LOOK TO
SELLER OR ANY SELLER RELATED PARTIES IN CONNECTION WITH THE
FOREGOING FOR ANY REDRESS OR RELIEF. THIS RELEASE SHALL BE
GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED
TERMS AND PROVISIONS, INCLUDING THOSE RELATING TO UNKNOWN
AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION.
ANYTHING HEREIN TO THE CONTRARY NOTWITHSTANDING, THE
SELLER HAS NO KNOWLEDGE THAT IT WOULD KNOW TO BE MATERIAL TO
THE TRANSACTION, THAT HAS NOT BEEN DISCLOSED.
ARTICLE SEVEN - CLOSING
7.1 Closinl!.
(a) Closing shall be on or before December 9, 2008. Closing shall be at a
location as mutually agreed to between the parties. At closing, upon receipt of the
purchase price, subject to prorations and adjustments provided for herein, Seller shall
execute and deliver to Buyer a sufficient and recordable special Warranty Deed,
conveying a good marketable record fee simple title in and to the Property subject only to
applicable zoning regulations, ad valorem taxes for the year of closing, if not yet due and
payable, and the Permitted Exceptions. Seller shall also execute and deliver an owner's
affidavit in standard form acceptable to the title insurance company issuing the
commitment indicating that Seller has exclusive possession of the Property, that the
Property is not subject to mechanics' liens or potential claims of mechanics' liens, that
Seller is not a foreign person as contemplated by Section 1445 of the Internal Revenue
Code to avoid the necessity to withhold a portion of the purchase price and indicating
Seller's Taxpayer Identification number. All prior taxes and assessments shall be fully
paid by Seller; taxes for the current year shall be prorated to the Closing Date. In the
event the current year's tax amount is not then available, the taxes shall be prorated based
upon the previous year's tax bill, adjusted in accordance with known changes. Either
party may request that the taxes be prorated in accordance with the actual tax amount.
Risk of loss shall remain with Seller until closing and possession shall be given to Buyer
at the time of closing, except that Buyer may, after the Inspection Period, has rights of
Item # 34
5
r-age 0 OT "14
entry as hereinabove provided and may place signage on the site regarding its proposed
development, provided all is at the sole cost and expense of the Buyer.
(b) Buyer shall have the right to extend the date for completing Conditions
Precedent and obtaining the required Approvals for one (1) additional thirty (30) day
periods, provided that as a condition for such extension, Buyer shall post an additional
$25,000.00 with the escrow agent for such extension period, which shall apply to the
purchase price, but shall be fully earned and non-refundable absent the default of Seller.
ARTICLE EIGHT - CLOSING COSTS
8.1 Closine Costs: Seller shall pay for prorata taxes, assessments on the
property as of closing, and any costs to correct any title defects as hereinabove provided.
Buyer shall pay for the documentary stamps to be affixed to the deed, costs of title
insurance commitment and title insurance policy as hereinabove provided, broker's
commissions as to any brokerage fees due as a result of the Buyer's involvement with
Klein & Heuchan, Inc., recording the deed, for all inspections, permitting, zoning or other
fees incident to seeking approvals for the property and its use, and for any costs
pertaining to financing.
ARTICLE NINE - DEFAULTS
9.1 Defaults. If all of the terms and conditions hereof have been fulfilled,
and Buyer fails to close upon this Agreement, then, upon demand of Seller, the Deposit
shall be delivered by Escrow Agent to Seller as full consideration for the execution of
this Agreement and in full settlement of all claims for damages, and Seller and Buyer
shall thereupon be relieved of all further obligations each to the other hereunder. In the
event Seller intentionally fails to perform any of the covenants hereof, or if any of the
conditions herein are not met, Buyer may elect to demand and receive return of the
Deposit and any accrued interest thereon from Escrow Agent, to recover any and all
costs, fees, expenses expended or incurred by Buyer incident to contracting for and
attempting to acquire the Property from Seller not to exceed $10,000.00, as agreed upon
limitation to damages sustained, or Buyer may elect to have specific performance of this
Agreement and collect said damages incident thereto, including pursuing all rights of
Seller under prior Agreements for said Property, which are assigned hereby, in the
appropriate court, and recover all cost and expenses incurred incident thereto, including
attorneys' fees, and damages for Seller's failure or refusal to close hereunder.
Item # 34
6
r-age ( OT "14
ARTICLE TEN - NOTICES
10.1 Any notice or demand which may be given under this Agreement or under
any law shall be in writing and shall be deemed to have been given when delivered either
by personal delivery, national overnight courier company, or when mailed by first class
U.S. Mail, postage prepaid and deposited into the U.S. Mail, being deemed the delivery
of notice, or when given by facsimile transmission or via e-mail, as follows:
To Seller:
MAMC FLORIDA SPORTSDANCE,
LLC
402 Continental Plaza
3250 Mary Street
Suite 402
Coconut Grove, Florida 33133
Fax: (305) 358-5160
With a copy to:
Mr. Lawrence B. Steinberg
Berger Singerman P A
2650 N. Military Trail, Suite 240
Boca Raton, Florida 33431
Fax: (561) 998-0028
To Buyer:
Ruth Eckerd Hall, Inc.
Attn: Mr. Robert Freedman
1111 McMullen Booth Road
Clearwater, FL 33759
FAX #: (727) 723-9261
To Escrow Agent:
Harry S. Cline, Esq.
Macfarlane Ferguson & McMullen
625 Court Street
Suite 200
Post Office Box 1669
Clearwater, FL 33757
FAX #: (727) 442-8470
Copy to Brokor:
Mr. Mark Klein
Klein & Heuchan, Inc.
1744 N. Belcher Road
Clearwater, FL 33765
FAX #: (727) 449-1724
Item # 34
7
r-age tl OT "14
ARTICLE ELEVEN - CONDEMNATION; CASUALTY
11.1 Condemnation. If prior to the Closing Date all or part of the Property
becomes the subject of a condemnation proceeding by any governmental authority, then
Buyer shall have the right to elect within twenty (20) days of receiving actual notice of
such proceeding to:
(a) take title to the Property on the Closing Date without an abatement or
adjustment to the Purchase Price, in which event Seller shall unconditionally assign
Seller's rights in the condemnation award (or portion thereof allocated to the portion of
the Property being taken) to Buyer (or give Buyer a credit against the Purchase Price
equal to such award if it has theretofore been received by Seller); or
(b) terminate this Agreement, whereupon the duties and obligations thereunder
of the Parties shall end, and Escrow Agent shall promptly return the Deposit to Buyer.
11.2 Casualtv. If prior to the Closing Date all or a material part of the Property
becomes the subject of a casualty that materially adversely affects Buyer's ability to use
the Property, then Buyer shall have the right to elect within twenty (20) days of receiving
actual notice of such proceeding to:
(a) take title to the Property on the Closing Date without an abatement or
adjustment to the Purchase Price, in which event Seller shall unconditionally assign
Seller's rights in any insurance proceeds, if any, (or portion thereof allocated to the
Property) to Buyer (or give Buyer a credit against the Purchase Price equal to such
proceeds if they have theretofore been received by Seller); or
(b) terminate this Agreement, whereupon the duties and obligations thereunder
of the Parties shall end, and Escrow Agent shall promptly return the Deposit to Buyer.
ARTICLE TWELVE - REAL ESTATE BROKERS
12.1 Sales Commission. Seller and Buyer warrant and represent to each other
that, except for Klein & Heuchan, Inc., there are no other brokers in connection with this
Agreement or the purchase and sale of the Property. Buyer shall pay any commission as
to such broker. Except as otherwise provided herein, Seller and Buyer shall and do each
hereby indemnify, defend and hold harmless the other from and against the claims,
demands, actions and judgments of any and all brokers, agents and other persons or
entities alleging a commission, fee or other payment to be owing by reason of their
respective dealings, negotiations or communications in connection with this Agreement
or the purchase and sale of the Property except as set forth in this Section 12. The terms
Item # 34
8
r-age ~ OT "14
and provisions of this Section 12 shall survive the Closing or any termination of this
Agreement.
ARTICLE THIRTEEN - MISCELLANEOUS
13.1 The covenants herein contained shall bind and the benefits and advantages
shall inure to the respective heirs, personal representatives, successors and assigns of the
parties hereto. Whenever used, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
13.2 The captions and headings herein are for convenience and reference only
and in no way define or limit the scope or content of this Agreement or in any way affect
its provisions.
13.3 This Agreement shall be effective as of the last date upon which each of the
parties hereto have executed this Agreement.
13.4 This Agreement shall be interpreted, construed, and enforced in accordance
with the laws of the State of Florida. The venue for any action hereon shall be in the
county where the property is located.
13.5 Where necessary to effectuate the evident intent of the parties, the
warranties, covenants and Agreements contained herein shall survive the closing of this
transaction.
13.6 Time is of the essence of this Agreement.
13.7 In the event it becomes necessary to commence litigation to enforce the
terms of this Agreement, the prevailing party shall be entitled to payment of all of its
expenses, including reasonable attorneys' fees in trial and appellate proceedings, this
provision to survive closing hereunder.
13.8 Seller shall not from the date of this contract, execute any instrument of any
type (including, but not limited to, leases, deeds, mortgages or liens) affecting the
property without the prior written consent of the Buyer.
13.9 This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and all such counterparts together shall constitute one and
the same instrument. Any party may execute this Agreement by signing anyone
counterpart. Receipt of a facsimile transmission (followed promptly by an original
executed counterpart) shall be deemed receipt of an original.
Item # 34
9
r-age "IV OT "14
13.10 This contract may not be assigned without the prior written consent of
Seller, which shall not be unreasonably withheld. The consent of Seller shall not be
required incident to any assignment, in whole or in part, to the City of Clearwater, or any
related entity incident to plans by Buyer and the City or its agencies to attempt to restore
and activate the Property. Anything herein to the contrary notwithstanding, if Seller
should withhold its consent, and it be determined by a court of competent jurisdiction that
said action was not reasonable, then in such event Buyer shall be entitled to seek all
consequential damages as a result thereof.
13.11 Seller shall fully cooperate incident to joining in any and all appropriate
inspections, applications with government or processing other matters pursued incident to
qualifying the property for its Intended Use or meeting the terms, conditions or
provisions of this Agreement, expressed or implied.
13.12 Within five (5) days from the date of execution of this Agreement, Seller
shall deliver to Buyer copies of the existing title insurance loan policy, with all
exceptions from its files [if any]. Seller represents that it has located no other data
pertaining to said site.
13.13 All deposits or other payments made hereunder, at any time, whether to the
Escrow Agent or any sums released to Seller(s), shall be fully applicable to the purchase price
unless express stated to the contrary in this said Agreement.
13.14 Seller acknowledges and agrees that Buyer's attorney, Harry S. Cline of the
law firm of Macfarlane Ferguson & McMullen, or in his absence, his partners, may give
notices on behalf of Buyer hereunder, and if an attorney has appeared for Seller, notice to
that attorney shall be deeemed notice to Seller, and that attorney may likewise give notice
on behalf of Seller.
13.15 WAIVER OF TRIAL BY JURY. SELLER AND BUYER HEREBY
WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM
(WHETHER ARISING IN TORT OR CONTRACT) BROUGHT BY EITHER
AGAINST THE OTHER ON ANY MATTER ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT.
13.16 Limitation of Liability. No agent of Seller, nor any Seller Related Parties,
shall have any personal liability, directly or indirectly, under or in connection with this
Agreement or any agreement made or entered into under or pursuant to the provisions of
this Agreement, or any amendment or amendments to any of the foregoing made at any
time or times, heretofore or hereafter, and Buyer and its successors and assigns and,
without limitation, all other persons and entities, shall look solely to Property for the
payment of any claim or for any performance, and Buyer, on behalf of itself and its
successors and assigns, hereby waives any and all such personal liability . The provisions
of this Section shall survive the Closing or a termination of this Agreement.
Item # 34
10
r-age "I "I OT "14
ARTICLE FOURTEEN - ESCROW AGENT
14.1. During the term of this Agreement, the Escrow Agent shall hold and
disburse the deposit(s) in accordance with the terms and provisions hereof. In the event
of any dispute as to disbursements, the Escrow Agent shall disburse funds only upon the
joint written instructions of the Seller and Buyer, or upon court order. If the Escrow
Agent shall receive notice from Buyer during the Inspection Period, requesting that the
funds be paid to Buyer, Escrow Agent shall be authorized to immediately do so and
simply notify Seller in writing of such event. If Escrow Agent shall receive written
notice from Buyer that conditions set forth as Conditions Precedent in the Agreement
have not been met, or cannot be met, on a reasonable basis for customary costs, expenses
and charges, then in such event the Escrow Agent shall give written notice to Seller that
the Buyer is seeking to cancel the Agreement and requesting release of the Deposit(s)
back to the Buyer, and in said notice Escrow Agent shall give Seller ten (10) calendar
days within which time to register objection to release of the funds per the Buyer's
request. If written objection is not received within said time frame, with reasons stated
for the objection, then in such event Escrow Agent shall be, and the same hereby is,
authorized to release said funds and this Agreement shall be of no further force and
effect. By joining herein, the Escrow Agent undertakes only to perform the duties and
obligations imposed upon the Escrow Agent under the terms of this Agreement and
expressly does not undertake to perform any of the other covenants, terms and provisions
incumbent upon the Seller and the Buyer hereunder. Buyer and Seller hereby agree and
acknowledge that the Escrow Agent assumes no liability in connection herewith except
for negligence or willful misconduct; that the Escrow Agent shall never be responsible
for the validity, correctness or genuineness of any document or notice referred to under
this Agreement; and that in the event of any dispute under this Agreement, the Escrow
Agent may seek advice from its own counsel and shall be fully protected in any action
taken by it in good faith in accordance with the opinion of its counsel. Escrow Agent
shall be fully indemnified by the parties hereto except in the case of Escrow Agent's
gross negligence, for all of its expenses, costs, and reasonable attorney's fees incurred in
connection with any interpleader action which Escrow Agent may file to resolve any
dispute as to the Deposit, or which may be filed against the Escrow Agent. If Escrow
Agent is made a party to any judicial, non-judicial or administrative action, hearing or
process based on acts of any of the other parties hereto and not on the malfeasance and/or
negligence of Escrow Agent in performing its duties hereunder, the expenses, costs and
reasonable attorney's fees incurred by Escrow Agent in responding to such action,
hearing or process may be deducted from the funds held hereunder and the party/parties
whose alleged acts are a basis for such proceedings shall indemnify, save and hold
Escrow Agent harmless from said expenses, costs and fees so incurred.
Item # 34
11
r-age "IL OT "14
ARTICLE FIFTEEN - EXECUTION BY SELLER
15.1 In the event Seller does not execute and deliver a copy of this Agreement to
Buyer on or before 5:00 p.m. , 2008, Buyer's offer contained in this
Agreement shall terminate and be of no further force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
and shall be deemed to have executed such, on the day and year first written above.
Signed, sealed and delivered
in the presence of:
RUTH ECKERD HALL, INC.,
INC., a Florida corporation
By:
As to "Buyer"
Dated:
,2008
MAMC FLORIDA SPORTSDANCE,
LLC, a Florida limited liability
company
By:
Michael I. Goldberg, Manager
As to "Seller"
Dated:
, 2008
Item # 34
12
r-age "10 OT "14
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 6, LESS the East 19 feet 9 inches, and the East ~ of Lot 7, Block B,
JOHN R. DAVEY, ET AL., RESUBDIVISION, according to the map
or plat thereof as recorded in Plat Book 1, page 87, of the public
records of Hillsborough County, Florida, of whichi Pinellas County
was formerly a part.
Item # 34
13
r-age "14 OT "14
EXHIBIT "B"
BROKER COMMISSION(S) DUE BY BUYER
h:\data\aty\hsc\pact\403c1eveland.l 021 08. p&s.c1ean.doc
Item # 34
14
Attachment number 3
Page 1 of 3
Ruth Eckerd Hall Royalty Theater Memorandum of Understanding
This Memorandum of Understanding is made and entered into this day of
November, 2008, between the City of Clearwater, a municipal corporation of the State of
Florida, hereinafter referred to as the ("City") and Ruth Eckerd Hall, Inc. a Florida non-
profit corporation, hereinafter referred to as ("Ruth Eckerd Hall ").
This Memorandum of Understanding is entered into by the City and the Corporation for
the purpose of formalizing the intent of the Parties relating to the responsibilities and
obligations regarding the purchase, rehabilitation, operation and maintenance of the
Royalty Theater and the Lokey building (403 and 401 Cleveland Street).
It is the intent for Ruth Eckerd Hall to eventually take on the responsibility of the
renovation and operation of the Royalty Theater. To that extent:
1. The City will assume the purchase contracts for the 403 (purchase price of
$975,000.00) and 401 (purchase price of$I,335.000.00) Cleveland Street and
will purchase said properties and cover all closing costs.
2. The City and Ruth Eckerd Hall will develop lease and management
agreements similar to the existing agreement for the operation of Ruth Eckerd
Hall recognizing however that it is not the intent that the City subsidize the
ongoing operations of the Theater following rehabilitation of the facility.
3. Ruth Eckerd Hall estimates the total project cost to be $14.2 million broken
down as follows: $2.4 million for purchase and closing costs, including Ruth
Eckerd Hall out of pocket due diligence expenditures (not to exceed
$13,920.00), $6.8 million for construction and renovation and $5 million for
an endowment fund.
4. Ruth Eckerd Hall Boards have voted to move forward with a campaign to
raise $8 million of the $14.5 million needed for this project. Ruth Eckerd
Hall's $8 million commitment is contingent upon a total City/public
commitment of $6.2 million toward the project.
5. Ruth Eckerd Hall and the City will work cooperatively to identify and obtain
other public funding sources of $3.8 million, which will reduce the City's
contribution toward the construction and renovation, beyond the initial
purchase price and closing costs of $2.4 million.
6. In addition, presenting some performances in the Capitol/Royalty Theater
during the pre-construction period will help generate interest in the project.
During the pre-construction period, Ruth Eckerd Hall will lease the facility
from the City for $1.00 for each use. Ruth Eckerd Hall will be responsible for
all costs associated with each event, including staffing, set up and clean up.
The net profit for each event will be split equally between the City and Ruth
10/30/2008 & 8:27: 15 AM
Item # 34
Attachment number 3
Page 2 of 3
Eckerd Hall. The City will assist Ruth Eckerd Hall in getting the facility ready
for use prior to commencement of remodeling. The City will advance/provide
funding following closing not to exceed $250,000 (to be netted from the
above cost estimates from the City's/public funding total of $6.2 million) for
cleaning the theater, clearing the theater of unwanted and unnecessary debris
and clutter, purchasing stage, lighting, sound and projection equipment and
other necessary items to ensure a comfortable and safe environment with
adequate equipment to be able to mount performances, and preliminary
architectural and construction manager services. Equipment purchased would
be able to be used in the final project. Ruth Eckerd Hall would carry
appropriate insurance up to entertainment and performing arts industry
standards for such use of the theater and shall indemnify and hold harmless
the City for any losses that occur as a result of Ruth Eckerd Hall's use of the
theater.
7. It is estimated that it will take a minimum of two and a half years to raise the
$8 million noted in number 4, commission construction drawings and
complete the renovation and construction of the facility.
8. The City will work with Ruth Eckerd Hall to vacate the alleyway behind the
Capitol/Royalty Theater to allow for expansion of the stage house by the time
construction is to commence. The Parties recognize that there are factors
outside of City control that affect the vacating. In the event the alley cannot
be vacated, it is the intent of the Parties to move forward with the
rehabilitation under a modified plan.
9. Ruth Eckerd Hall will accept responsibility for the construction and not seek
any additional funding beyond what is stated in this document for the
construction and renovation of the theater and the adjacent building.
10. In raising endowment funds, it is the intent for Ruth Eckerd Hall to operate
the facility without any ongoing annual subsidy from the City.
11. Until such time as Ruth Eckerd Hall is ready to commence the construction
and renovation of the facility and execute a lease/management agreement, the
City shall be responsible for any monthly operating costs, which we expect to
be minimal (utilities-electric, water, sewer, minor maintenance and
insurance).
12. Rent (at this time approximately $5,500 per month in a triple net lease)
collected from the tenant that occupies 401 Cleveland Street shall be paid to
and retained by the City commencing as of closing.
13. Once the renovation of the Capitol Royalty Theater is complete, Ruth Eckerd
Hall will be responsible for the ongoing annual maintenance for the normal
operation of the facility including, but not limited to normal wear and tear for
10/30/2008 & 8:27: 15 AM
Item # 34
Attachment number 3
Page 3 of 3
sound, lighting and theatrical equipment, theater seating, electrical and HV AC
system maintenance, etc. Since the construction will install mostly new
systems and equipment, it is believed that there would be no major capital
improvements required for at least five years. The City will provide funds for
major capital improvement items including roof, total HV AC systems, etc. A
list will be established and mutually agreed upon of the types of capital
improvements that would be part of the City's capital improvement budget.
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
RUTH ECKERD HALL, INC.
Robert Freedman
President and CEO
10/30/2008 & 8:27: 15 AM
Item # 34
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd reading of Ordinance 7994-08, rezoning 2855 Gulf to Bay Blvd., to November 18, 2008. (REZ2008-
07007)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 35
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown parking, to December 4, 2008.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 36
Meeting Date: 11/3/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize instituting a civil action against Drill Shaft, Inc., to recover $2,053.81, for damage to City property. (consent)
SUMMARY:
On April 5, 2005, Drill Shaft, Inc., was performing work in the vicinity of U.S. Highway 19 and Drew Street in Clearwater, FL and
struck a gas line owned by the City of Clearwater resulting in damages to City property in the amount of $2,053.81.
Attempts to collect the amount of damages from Drill Shaft, Inc., have been unsuccessful.
The Legal Department requests authority to bring a legal action against Drill Shaft, Inc., to recover the moneys owed to the City for the
aforesaid property damage.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
Yes
Budget Adjustment:
No
$175.00
Annual Operating Cost:
Total Cost:
$175.00
$175.00
10/01108 to 09/30/08
Appropriation Code
0-590-07000-545900- 519-
000-0000
Amount
$175.00
Appropriation Comment
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
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 # 37
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 38
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appointments to Community Development Board - Councilmember Gibson
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 39
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Sister Cities - 50th Anniversary - 2009 Nagano Visit
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 40
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Council Discussion Item - review the status of Penny II projects and the list of Penny III projects.
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk 2) Assistant City Manager 3) Clerk 4) City Manager 5) Clerk
Cover Memo
Item # 41
Attachment number 1
Page 1 of 4
PENNY FOR PINELLAS -II
Infrastructure Tax, or Penny For Pinelias, revenues represent a 1 % discretionary sales surtax imposed by the
Pinelias County Board of County Commissioners to be distributed between Pine lias County and it's
municipalities by inter-local agreements. The sales tax increase from 6% to 7% was first approved by
voters at a countywide referendum in November 1989 (effective February 1990) for a ten year period, and
approved for a second ten year period by the voters in March 1997 (effective February 2000). In March
2007 the voters approved a third extension for an additional ten year period (effective February 2010).
Projects which will be funded by this third extension are not included in this budget. Council and staff
have yet to determine how the individual projects will be funded in that ten years.
Per Florida statutes, these funds can be used for the purpose of any fixed capital expenditure or fixed
capital outlay associated with the construction, reconstruction, or improvement of public facilities which
have a life expectancy of five or more years and any land acquisition, land improvement, design, and
engineering costs related thereto.
Funds can also be used for the purchase of a fire department vehicle, an emergency medical service
vehicle, a police department vehicle, or any other vehicle, and such equipment necessary to outfit the
vehicle for its official use or equipment that has a life expectancy of at least five years.
Proceeds may also be pledged for the purpose of servicing new bond indebtedness incurred pursuant to
law. In no case may a jurisdiction issue bonds more frequently than once per year.
Surtax proceeds may not be used to supplant or replace user fees or to reduce ad valorem taxes existing
prior to the levy of the surtax.
The average growth in Infrastructure Tax revenue based upon the historical receipts for the last ten fiscal
years has been 2.8%. This has been lower than the 5% annual projected growth provided by Pine lias
County. In August of 2002 Pine lias County provided revised projections of 4.2% per annum beginning in FY
'05. However, actual receipts in FY 07 and FY 08 have come in lower than those projections. Therefore,
the growth factor for fiscal years 2009 and 2010 estimates are projected at the 2.8%.
14,000,000
12,000,000
10,000,000
VI 8,000,000
CIl
::::s
s:::
CIl
> 6,000,000
&!
4,000,000
2,000,000
s;:)
~c::5
q)
"
~\J
c::5
\J'::::'\J~ \Jrv\JO;)
~
r}C:3
\J
~<o
~
!O
~c::5
C5
~
\JCO
R>
0.f:)
\J
~Oj
\J'O
~,,\J
\JOj
Fiscal Year
306
Item # 41
Attachment number 1
Page 2 of 4
PENNY FOR PINELLAS -II
Schedule of Planned CIP Expenditures Total
2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Proposed
Beginning Balance: 3,560,460 4,958,310 7,347,420 7,347,420 7,347,420 7,347,420 3,560,460
Penny Proceeds 9,890,850 4,236,570 14,127,420
Estimated Revenue 13,451,310 9,194,880 7,347,420 7,347,420 7,347,420 7,347,420 17,687,880
Expenditures:
2146 Druid Rood Imprvmnts 1,250,000 1,250,000
3272 Recreation Trails 360,000 360,000
4524 Long Center Infra Rep 700,000 700,000
Planned Project Expenditures 1,610,000 700,000 2,310,000
Principal & Interest:
Bond Interest 307,170 44,130 351 ,300
Bond Principal 6,575,830 1, 103,330 7,679,160
Subtotal Debt Payments 6,883,000 1,147,460 8,030,460
Estimated Available Balance 4,958,310 7,347,420 7,347,420 7,347,420 7,347,420 7,347,420 7,347,420
307
Item # 41
II)
C1>
::::J
I:
C1>
>
C1>
0::
"C
C1>
-
II)
C'CS
(.)
>< E
C'CS 0
I-LL
E'g
.a C'CS
(.) ~
2 0
- -
II) II)
f:I:
.....
I: I:
o
:;:;
(.)
C1>
o
()
C1>
::::J
I:
C1>
>
C1>
0::
0 :::R
0
I'- 00
0 1.0 00
- .... <D 1.0
III - (") ,
W en N_
O
'<t
1.0 :::R
0
'<t 00
en 00 N
- 0 0
III - 0)
w CO 00
0 0)
I'- :::R
0
1.0 ......
- CO '<t_ C""i
0 ...... ,
III - N
W I'-
0 <D_
O)
0 :::R
0
(ij ...... "!
I'- 00 I'-
:::l 0 0 ,
- - (")
u CD 0)
<C 0
0)
0 :::R
0
0) (")
(ij (") I'-
CD '<t
:::l 0 0
- -
u II) I'-
<C 0 0
......
0) :::R
0
N '<I:
(ij II) 1.0 0)
:::l 0 I'-
- - I'-
U '<t 0)
<C 0
0)
0 :::R
0
...... (")
(ij '<t 0) 1.0
:::l 0 0)
- - ......
U M ......
<C 0
0)
0 :::R
0
(ij M N "!
:::l 0 <D_ <D
- - ...... ,
U N <D
<C 0 <D_
00
0 :::R
0
(ij (") ......
N (") c:i
:::l 0 0) ......
- -
u .... N
<C 0 N_
O)
0 :::R
0
(ij 1.0 0
.... ...... '<t
:::l 0
- - 1.0
U 0 00
<C 0 (")
00
'<t :::R
0
(ij 00 ......
0 00 to
:::l 0 1.0
- -
u en 00
<C en N_
00
III III ';'
Qj III III
:::l ~ III
C ~
Qj u
> .E u
Qj
Qj :::RC
0:: o _
Attachment number 1
Page 3 of 4
:::R :::R
0 0
"-: 0
"!
'<t
I'-
0
-
<D
0
(")
0
-
N
0
>-
LL
Qj
C/)
ell
Qj
.....
u
c
ro
:::l
c
c
<C
Q)
Cl
ell
.....
Q)
~
Item # 41
Attachment number 1
Page 4 of 4
Penny for Pinellas
III
Qj
:::l
C
Qj
>
Qj
0::
14,000,000
12,000,000
10,000,000
8,000,000
6,000,000
4,000,000
2,000,000
o
o
-.
(J)
(J)
...--
o
-.
o
o
N
o
-.
...--
o
('I)
o
-.
N
o
-.;t
o
-.
('I)
o
L.()
o
-.
-.;t
o
<D
o
-.
L.()
o
I"-
o
-.
<D
o
co
o
-.
I"-
o
Fiscal Year
Infrastructure Tax, or Penny For Pinellas, revenues represent a 1 % discretionary sales surtax imposed by the
Pinellas County Board of County Commissioners to be distributed between Pinellas County and it's municipalities
by inter-local agreement. The sales tax increase from 6% to 7% was first approved by voters at a countywide
referendum in November 1989 (effective February 1990) for a ten year period, and approved for a second ten
year period by the voters in March 1997 (effective February 2000).
Per Florida Statutes, these funds can be used for the purpose of any fixed capital expenditure or fixed capital
outlay associated with the construction, reconstruction, or improvement of public facilities which have a life
expectancy of five or more years and any land acquisition, land improvement, design, and engineering costs
related thereto.
Funds can also be used for the purchase of a fire department vehicle, an emergency medical service vehicle, a
police department vehicle, or any other vehicle, and such equipment necessary to outfit the vehicle for its official
use or equipment that has a life expectancy of at least five years.
Proceeds may be pledged for the purpose of servicing new bond indebtedness incurred pursuant to law. In no
case may a jurisdiction issue bonds more frequently than once per year.
Surtax proceeds may not be used to supplant or replace user fees or to reduce ad valorem taxes existing prior to
the levy of the surtax.
The average growth in Infrastructure Tax revenue based upon the historical receipts for the last five fiscal years is
5.7%. This is right in line with the 5% annual projected growth in Infrastructure tax revenue provided by Pine lias
County.
63
Item # 41
Status of Penny II Projects
As of October 15, 2008
Project
#
91252
91253
92146
92259
92269
92270
93251
93272
94524
Project
Station 48 (Belcher) Renovation/Expansion
Station 45 (Main) Renovation
Druid Road Improvements
Traffic Calming
Downtown Streetscape
Gulf to Bay & Highland
Morningside Recreation Center
Recreation Trails/Bicycle Paths
Long Center Infrastructure Improvements
Penny
Funds
498,330
2,918,450
2,742,970
4,200,720
636,310
1,499,660
3,061,230
972,110
733,360
2009/10
Penny
700,000
17,263,140
700,000
Attachment number 2
Page 1 of 1
Total
498,330
2,918,450
2,742,970
4,200,720
636,310
1,499,660
3,061,230
972,110
1,433,360
17,963,140
Item # 41
Attachment number 3
Page 1 of 1
Penny Proceeds
Annual
Historical Receipts Increase
1997/98 7,427,293
1998/99 7,807,430 5.1%
1999/00 8,285,884 6.1%
2000/01 8,385,149 1.2%
2001/02 9,229,330 10.1%
2002/03 8,661,615 -6.2%
2003/04 9,119,913 5.3%
2004/05 9,977,529 9.4%
2005/06 10,704,390 7.3%
2006/07 9,930,812 -7.2%
2007/08 9,621,457 -3.1%
Average Annual Increase 2.8%
Penny Penny
Estimate of Future Proceeds II III
2008/09 9,890,845
2009/10 4,236,574 5,931,202
2010/11 10,400,159
2011/12 10,691,363
2012/13 10,990,721
2013/14 11,298,462
2014/15 11,614,819
2015/16 11,940,033
2016/17 12,274,354
2017/18 12,618,036
2018/19 12,971,341
2019/20 7,778,481
Estimated Proceeds 14,127,419 118,508,973
Item # 41
><
III III
t:: Q)
:J;E
l/)iij
gj Co
iij :i:i
l/) c:
~ ::::s
::::s2
u-go
2 co N
U)Z'~tr
~ 5 ~ ~
c: 0 III EO
() ::::s 0
~ ~ ~ ~
.31j~8
vr.~ g' {j
..!!! D.. 0 ~
Qj.8..c~
ii:~;;~
lo... o"'l""" t:::
~:s~~
>-:ec::s
l:: lo... ro: 0
m ~ 2 ~
D..O..c~
"OiijQ)
Q) ::::s u.
"0 c:
lii c:
xc:(
w"al
"On;
~ E
8.:.;::;
e-n
D..
c:
o
~~
.Q
<(
01
"'N
~~
III
W
""I
"'......
10>-
.5 u.
1i1
w
001
"'......
10>-
~u.
III
W
1--1
$......
">-
~u.
III
W
WI
"'......
~~
III
W
101
"'......
10>-
~u.
III
W
"'"I
"'......
~~
III
W
<'>1
"'......
10>-
.5 u.
1i1
w
NI
"'......
10>-
~u.
III
W
......1
"'......
~[t
1i1
w
01
"'......
10>-
~u.
III
W
~ ~ ~I
-g .5 >-
.!!1;jU-
~ w
ell E'
- !:
!: '"
~ D..
::::s
o
0"
CD
~pj
z'"
N
It>
~I
a ro]CO
a (f) CD
aOl'"
L()-I'-- N
NOlN
NCO_~
~
LO "<t~'"
r--a....
",ro~
m-N N
"<t It>
0"'1'"
aroco
LO"<t'"
GTa N
N~~
a N~N
aroco
LON....
GTco 0
N Ol N
~
a "<t~..,.
ON N
LO~CD
GT <D r::Ii
NO)::
a Olj'"
000
LO a It>
GT o;:;t cD
N Ol ~
~
a ro~co
ON N
LOOl..,.
GTa M
NO)::
a (f)jCD
a"''''
LOOl..,.
GT I'-- ci
N ro ~
~
a N~N
a", '"
LO a It>
GTLO r--:
NCO~
a Olj'"
000
LO '" co
GT...-- M
N ro 0
~
a Ol~'"
ON N
LOr--N
GT I'-- ci
NI'--~
LO "<t~'"
N"'It>
~"'''''
(0-('1) cD
~"<t It>
r-- "<t~0
(f) (f) '"
~N""
0)-...-- ci
ro'"
CD
:e
"(5
~
-0
Q)
ro
~
~
!:
::::s
oil 0
Q) >- 0
~~~
~8~
~~~
.~ ~ -5
00-1-
~ ~ ~ ~ ~.~ ~ ~ g; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g; ~ ~ ~ ~
~~<D~g:~~~~~zg~~~~~ffigs~~gsRj~:g:~
N...--...--om<DO)('I)...--('I)N('I)...--O)"<;j...--...--N .I'--No;:;t(DLO .
dddc:i~Ndc:iddLCic:ic:idMc:ic:i"--:~d"--:c:i"--:c:it;:
L() L() 0) 0) :.,,-,....0) ('I) D CO...--...-- I'-- o;:;t...-- o;:;t L() o;:;t...-- L() D D...-- ('I) o;:;t~O
O)NI'--CO<O<DLO(DN('I)('I)CQ...--"<;j...--!'--DCO<D...--COo;:;to;:;to;:;tN
DOl'-- CQ...--O)L()N(D('I)L()O)OOO)O)OCOo;:;tONI'--('I)O)
~~~ ~0ri0~ri6ri~~~~~~~~~~~m~
(")"<:;j""...-- 0) ...--L() N...--...--N N _
...-- ('I) 00
('I) I'-- N o;:;t o;:;j:....-- D ('I) <D co <D <D ...-- N ('I) o;:;t co ('I) ...-- N N L() D LOI co
"<;jO)('I) ND<D...--D<DD<DO)...--...--O)('I)L()(DO)L()"<;j!,--o;:;too
N ...-- L()NI'--('I)...--N('I)N COCO ...--DO)LOO('l)('I)"<;jo)
<D-GT o;:;t- GT ...--- o;:;t- - - r::Ii
~ '"
D 1'--...-- D LD...<D L() o;:;t 0) D co L() o;:;t I'-- o;:;t...-- L()...-- N 0)...-- a <D <D~CD
~N...--...--...--<Dro~~~ON...--OONN~Nro~...--...--~N
L()N~ ~"'--~~N<D...--<DNo)<DN~~...--~~roNOLn
riri~ 6 ~0 ~ri~~ ~...--~
...-- ...-- ~ 0')
ro N ~ a O).....~ <D ro ~ <D ~ N a L() 0) <D ro ~ N ro ~ ~ <D ~~~
L() N a ...-- ~. L() ~ ...-- ~ ...-- ro ...-- ...-- <D L() ...-- ...-- ...-- L() L() ...-- 0) ~ N N
L()N~ O)O~~N<Dro<DNro~N~~~~~~...--OLn
~ri~ m ~0 ~~~~ ~...--m
...-- ~ 00
L() ~ ~ a O.N ro N ro ~ a ro L() ~ ~...--...-- ~ ro ro ~ L() ~ O~It>
~...--O)...--L()~OO~O~o)ON...--...--...--<DO)N<D~~OLn
L()NN <DO)~~N<D<DL()Nro~N~~L()~~~OOLn
~~~ m ~0 ~~~~ ~...--~
~ '" co
~ N ...-- 0) ro ~ a ~ ~ 0) ~ L() a ~ ro ~ ~ N 0) 0) N ro 0) rol co
~...--O) N~~ro~roL()rooro~oo...--L()O)...--L()O~N
L() N N ~. ro <D <D N L() ~ L() N ~ ...-- N ~ ~ ro N ~ ~ a 0) CD
~~~ m ~0 ~~~~ ~ ri
~ '" co
<D L() ...-- 0) ro L() L() ~ <D a ~ <D ~ <D <D a ~ <D N ~ <D ~ a <DI N
...--oro L()~"'--<DN~~<DO)N~OO)~roL()~~...--~N
L()NN ro<D<D<DNL()...--L()"'--~O)NNN~NN~O)O)OO
~~~ m ~ri ~~~~ ~ ~
'" co
0) ro N 0) ~...-- N N ro ...-- <D ~ ~ 0) 0) ~ ~ N <D L() N 0) L() L()I....
O)O)~ ON<D~...--L()~~ro<D~O)ro<D~...--<DO...--...--O')
~ ...-- N ~. L() L() <D N L() ro L() ...-- <D ~ ...-- N ...-- ~ N ...-- ~ ro 0) 0
~~~ ~ ~ri ~6~~ ~ 6
'" co
N N ~ ro ON...--...--...-- ~ ~ 0)...-- ~ ro ~ L()...--...-- L()...-- <D N L()IN
roO)<D <D~"'--N...--~L()Nro...--roro~O)N~O)roNroLn
~"'--N O)~L()<DNL()L()L()...--<DL()"'--NO~...--O<D~rooo::r
ci~~ ~ ~ri ~m~~ ~ ~
...-- N """"
...-- ~ N ro NO L() ~ N a 0) <D ~ ~ ~ 0) ~ 0) a ~ 0) <D ~ <DIO
<DroL() O)ro~o)O...--~O~~~~<DO)NNO)L()O~CD
~"'--N ~...--~L()NL()...--L()...--L()~"'--No)~...--o)<D<Droo
ci~~ ~ ~ri ~~~~ ~ ~
~ N....
...-- L() ...-- ro ~... <D ...-- ro ~ ~ 0) ~ <D L() ro ...-- ...-- ...-- ro ~ ...-- ~ ro 0)1 '"
~ ~ ~ ~. 0) ro <D 0) ro ...-- ro <D ~ a ~ L() ...-- <D ~ ...-- N ro a 0')
~"'--N roO)~L()...--~ro~"'--~"'--"'--No)...--Oo)<D~ro""""
;~~ ~ ~ri ~~~~ ~ 6
...-- N """"
<D ro ~ ~ L() ro a ~ ro N 0) aNN ro L() a <D <D 0) <D 0) ~ "'--1 ~
~O)~ ON~...--O~L()~O)N~o)~<D~o)<D~roL()""""
N ...-- <DN~~"'--N~N roro ...--o...--L()o~~~oo::r
<D-N- ~- N- ...---L()- - - m
'"
...--~...--ro<Dro~~NOL()<D~N...--O)~ro~~roL()...--<DO
<DroL() ro~~o)O...--~O~~~~<Do)ONO)L()O~N
~"'--N ~...--~L()NL()...--L()...--L()~"'--No)~...--o)<D<Droo
ci~~ ~ ~ri ~~~~ ~ ~
...-- N """"
c;;
.c "0
..c ..c () :c
~ ~ (/) ~ ::J
~ ..c~ ~~ m ~(/)u~
~~~ ~~~ ~~ ~~~~~~ ~.~~~
~~~2 g~o ~g~&~~ro~~w~~~~
~.~.~.~~~~~~~o.~~~~gg~~~~~~~:~
~~~~ro~g.~.~~Ou~(/)W~~w~~Esaro~
~~~~OB0~~~~~z5~&&~~~~~~~~
Attachment number 4
Page 1 of 4
0"
o
o
o
o
ci
~
OJ
Q)
>-
Q)
(f)
ro
-"
Q)
oS
co
co
co
o'
....
'"
.....
.......?fl.
",0
....,,;
~.
'"
>.
E
o
c
o
()
Q)
ro
c
o
jij
c
Q)
oS
E
(f)
Q)
OJ
.c c
~ ~
~ .8
Q) 1:)
[t: Q)
(/) :IT
(f) :J
:g (f)
.00 .~
:J -0
en c
-0 ro
c >-
ro C
() :J
E 8
~ c c (/)
o .~ 0 .!2
tl:1 ffi.~ ~
ox~ (i
~ ~ ~ ~ .~
~ ~~~ ~
LL m~~ 0
-6, wuu 0,
6 ~ ~ ~ .~
:5 ~28- ~
~ .ill~D= 8
a ~ww w
~ -a .2' :5 :5 "@
LL .Q a -g 0 :J
.2w(/)ro4- C
~ ~~ ~ 2 ~
N 0 E C:J ()
-g .~ t5 ~ E -a ~
roWWu(/)wa
(6 ~ ~ ~ ~ .S ~
D~wfficg~
~ ~~~~ ~~
LL a 8. c ~ :8 ,~
g, ~ 2; ~ ~ ~ ,g
E~~6~~~
~ ::; ~ .~ E ~ ~ ~
.Q D .Q ~ :5 E ~ W
~~~~.8~~~
LL U~..c""""
~ .2 ~ .~ ~ 2 -ffi ~
~~~E.ill~~~
.~ ~_ .2 ~ ~ 'W ~ -g
~~&i~~~~8
:e ~ .~ Co ~ ~ .ill ~
WLL(/)(/)Ccroo
:5 ..c ~ ~ ~ E .~ ~
~ g'TI~.ill-6-m ~
"@ E ~ :g ~ ~ ~ .8
~~.ill38~.8~
~8~E2I-ro~
.- N ~ W C W W C
X>-u:5:J:5:5w
-fg ~ ffi -g ~ .~ -0 ~
~.2~roro"@~Q)
~~t5-EE~~~aj
~ ~ ~ 8 ~ .~ .~ ~ ~
~ .00 ~ (/) ~ ~ ~ .~ .8
n ~ :~ ~ ~ >= CL ~ ~
2 ~ 0 .~ ...-- tt -6, (/) +:;
17.i~u~>-O:J~E
Jgroro.8tt~2rn2
C(55(/).2ro:5ro4-
~~~~~n~E~
.3 .ill ~ C ~ :: CL "@ .~
o~~~<{~o~;v
c..c~woE4-W..o
:8~o~c~.illffifU
Bo,~:8~8~~E
~~~~8~t5~~
~~g~~~~~:e
> ro ro u ;.;:::: (/) 0 ~ .~
.. .8 ~ ~ ~ ~ ~ -g ~ 2
lfirol-I-I-I-I-ml-~
~~~NM-<i LCi<b
(f)
ro
a
a
a
r---
a
'"
(f)-
'"
w
o
(f)
12
ill
()
~
'"
'"
....
.....
'"
O)?fl.
00
~"N
....
'"
ro
:J
1:)
ro
LO
a
>-
LL
(f)
Q)
"!:;
C??fl.
00
6"N
....
'"
~
c
o
:e
Q)
o
il
(f)
:c
I-
Q?fl.
COO
""'"N
'"
o
'"
O)?fl.
....0
~C":i
'"
....
C??fl.
",0
6"C":i
'"
....
'"l:t?fl.
COO
~~
co
....
O)?fl.
",0
co,,~
I:::
....
co?fl.
",0
Q,,~
....
....
....
'"
'"
'"
11)'
'"
o
II)
....
.....
'"
....
s
{:.
Item # 41
:;;;
0-
"<t
'"
i0
ro
a
a
N
LO
o
>-
c
c
Q)
0-
-0
Q)
-0
C
Q)
X
w
-'
<(
Z
u::
a
N
a
N
E
a
Ol
Ol
(f)
ro
:J
E
o
LL
c
o
~
:g
11)
is
>-
c
c
Q)
0-
'"
ro
(f)
r--
to'
Q)
>
c
o
o
LL
o
0-
III
E
iij
c..
'u
>< 'c
l'Cl ::::J
t::2:
::::J"C
III I:
III l'Cl
CIl >.
(G'C:
III ::::J
~8
.a III
C.J l'Cl
::::J_
... CIl
'ti) .5
~ll..
:E.s
iij III
C.J g
.3:g
-..0
III ._
l'Cl ...
ii!!
1:0
C:iij
... ::::J
oS I:
>.1:
1:<(
I:"C
CIl CIl
ll..1ij
al .5
-g'tn
CIlW
><"g
W l'Cl
iij
C.J
.;::
o
u;
J:
l::
~
~ ~
o
~
01
"'....
10>-
,gu..
III
W
"'I
"'0
10>-
,gu..
III
W
001
"'0
10>-
,gu..
III
W
.....1
"'0
10>-
,gu..
III
W
o
....
o
N,&
~~
l'Cl EO
::::J 0
I: YJ
l'Cl CO)
.., CO)
.cO
g'~
e [B
= 5
o i:"
g .S
N V)
- 1:
~5
2 ~
..0
CIl
u..
." lDl
",0
0>-
"'u..
'0'
if.
] ~I
u
<C
] ~I
u
<C
J ~I
J ~I
J ~I
J ~I
" "01
!: ::J 0
:~ ~ (::
o >-
ell !:
!:
." '"
'" 0..
."
!:
.2!
x
w
~
'"
~R
:;j
Iill
r=.
a r--j....
aNN
a LO '"
a-o;;t ~
a:J r-- '"
<D....
a <D~CD
or--....
OOl'"
GTLO r--:
"'C'>
a r--~....
o"'C'>
O<DCD
c60) r--:
r-- co
a <D~CD
a <D CD
aNN
c6<D ~
r-- co
a LO~'"
aNN
00'"
c6('1) ~
r-- co
a Ol~'"
a a '"
OOl'"
c60) r--:
<D....
a Ol]'"
OLO",
O<DCD
c61'-- ..n
<D ....
a ~~~
OOl'"
OOl'"
c6a r::Ii
<DCD
a ""j""
o"'C'>
o"'C'>
c61'-- ..n
LO CD
a <D~CD
A'" C'>
OOl'"
c6<D ~
LOCD
r-- ""j~
<D~CO
<D~""
c6...-- ai'
<D CD
'" Ol~N
'" r-- ~
'" <D '"
L()-L() ~
"'''"
a r--j....
a ~ ~
a""""
c6o;:;t N
LO CD
V)
Q)
:e
"(5
.g>
-0
Q)
ro
~
~
!:
::J
oil 0
Q) >- 0
~~~
~8~
~~~
~~.g
00::1-
~~~~~~~~~~~~~~~~~~~~~~~~I~
~~~~~~~~~~~g~~~~~~~~~~~~~
~~~8~~~~~~~~~~~~~~~0~~~~~
DDDD~NDDDD~DDD~DD~D~DD~D~
roL()NDD~L()L()L()DNDL()~~"'--Dl'--roro~I'--('I)<D~'"
~"'--N<DDm<DD<DI'--('I)<D~~ro('l)N"'--N~I'--I'--"'--l'--m
D...--N Dmro...--~('I)"'--N"'--I'--N<D~m~ro~rom('l)~
~NN ~~~~~~~~~ro~~N~m~m~rol'--~
0('1)...-- <D ~ ...-- ~ ...-- 0
N CD
(DC00)C0<D<DC0O)OOC001'--...--<DNl'--mmC000L()('I)O)C0lco
...--...--...-- ro<D('I)"'--I'--('I)roN<D<D<DroN~DmD...--Dm~
N...--...-- C000<DN NL()N ~('I) ...--OOLOOOL()('I)OC0N
L()-...--- (0- GT GT - N
C'>
OODNI'--('I)",--",--L()('I)<DL()('I)L()NOO('l)<Dm('l)",--oo~('I)"'--I'"
!'--LO(D N('I)Drol'--"'--ND('I)('I)Nmrol'--...--L()...--m('l)l'--~
~NN m...--~~...--L()mL()...--DN"'--Nro"'--~~~NroM
~~~ ~ ~~ ~~ro~ N ~
~ N....
rom~~m~~~~~ONmm~~~m~N~~ro~l.
~~~ ~~~~~mmroNrooro~m~~~~~~~
~NN ~m~~~~~~~mO~N~o~o~~roM
~~~ ~ ~ ~~~~ N ~
~ N CD
rom~~~ro~~m~~~~~~~N~~o~~~rol'"
~N~ ~roro~~~~~N~m~~NNroN~~m~
~NN m~N~~~N~~m~~N~O~O~O~~
D~~ ~ ~ ~~0~ N ~
N CD
mmO~~~O~N~~~m~mm~m~~NmO~I'"
~~~ ~N~N~~~~~Oro~~~~~roo~~~
~NN ~~N~~~m~~m~~N~mom~m~~
o-~-~- ~- ~- - ~- - N
N CD
~N~~OOON~ro~~~~~~~~~~om~olco
O~N ~~m~~~~N~~~~~m~~~rom~~
~NN ~~~~~~~~~ro~~N~mNm~ro~~
o-~-~- ~- ~- - ~- - ci
N CD
~~~~N~~~N~m~~~~~mmN~~~o~l~
~mo ~~~~~m~roomo~~~~~~~~~~
~~N ~~O~~~O~~~O~N~rororo~~~~
m-~-~- ~- ~- - N- - ~
~om~~~rom~~~N~~~m~~~~~m~~IC'>
~roro ro~o~N~o~m~~~o~o~omONm
~~~ ~mo~~~~~ ~~~N~ro~ro~~~M
ro-N-~- ~- ~- - 0- - ~
N '"
Nroro~~~~~~m~o~rororo~~~NO~~~ICD
~~ro N~O~N~~~m~~~o~m~ommNM
~~~ ~mo~~~~~ ~~~N~~~ro~~~o
ro-N-~- ~- ~- - 0- - ~
N '"
~N~~OO~N~~N~~NNromN~oroN~rol~
~mo ~~~~~mroroom~~~~~~~~~~~
~~N ~~O~~~O~~~o~N~romro~~~~
m-~-~- ~- ~- - N- - ~
~Nro~N~mroroN~~~~~~ro~O~N~N~IC'>
~~~ ~~N~~~~N~~~roN~o~o~om~
N~~ ~ro~N N~N ~~ ~ro~ro~~o~o
~-~- ~- N- N- - N
C'>
o~o~om~roo~~~~~~~ro~~~N~~NICD
~~m ~~~~N~~rom~~~o~Nm~~~om
~~~ Nrom~~~~~ ~~~NNm~~~~~M
ro-N- ~- ~- ~-m- - ai'
.
c;
.c "0
~ ~ 0 ~
o 0 ro ~
~ ~ -5~ ~ ~ ",
-5~~ moo ~~ ~~~~~~ m~~.~
~~~~ ~~8 mE ~mooenn ~.~~~
~~~~~Ct&~~ ~.~~~~~~~~~~oo~l
.ffi.ffi.ffi.ffi~~Occ~o.~~E~gg~~~.~~~~:~
~~~~ro~g.~.~~ou~oom~~2~~Esaro~
~~~~OB0~~~~~z5~&&~~~~~~~~
~
'"
'"
'"
'"
o
'"
~
'"
'"
'"
",'
'"
'"
.....
....
'"
'"
",'
....
C\I?fl.
",N
Q...o::r
'"
'"
....
Q?fl.
",N
c.c...o::r
~
....
'"l:t?fl.
CON
'"l:t...o::r
'"
....
....
'"l:t?fl.
....~
6..M
....
....
.......?fl.
",N
"'0
",'~
'"
....
'"
'"
'"
",'
'"
....
....
~
",'
....
....
~
'"
",'
....
....
'"
'"
'"
.....
'"
....
....
'"
....
R'
'"
....
CO
.....
....
....
s
{:.
Attachment number 4
Page 2 of 4
:;;;
Do-
""
'"
i0
a:J
a
a
C:'
LO
D
~
c
r-- '"
"" '"
~_cvi
'"
N
r-- Ol
"" ~
~_cvi
'"
N
r-- LO
"" a
~_cvi
'"
N
C
Q
~ .E
~ <D
Co
~~
~~
. U5 ~
~ "E~
E ro V)
Q) 0 V)
m . m ->.
g, ~-2~
co m ro 0
g ~~~
~ ~~U5~ oj
~ a3 a3 g.~ E
m ~x:.;::::::;~-o :.;::::::;
:5 u w 3 -g.~ E
~ ~:58~6-~~
-g 2.E:::g~~:';::::::;
.~ tiJ u -0 E ~ ~ 5
a m2a3rot5o':::
.Q +-' ; ~ ~ ~ -6 ~ ~
~ ~ a3 ~ 1?J ~ ~ ~ ~.~
m2E>.uo~Ci' ~.
~~~~-gC)~~~~~
~ ~ g,~~~nE~ fU~
~ ~ co co 2 ~ ~ ~ .~ E 8
:5 ~ ~ .6, ~ g ~ w ~ ~ ~
~~Ciio8Jgu~t52oo
~ ::: ~ m c E ~ ;; .~ ~ -g
~ t5 .E ~ :5 is 8 :g ~ Q..2' ~
.Q .~ ~ ....... :5 E w U; m ~ N
-o..2=Eo ro E~ m~ .0
E~~u~~.gcorol- E~
~ 0 0 ~ .E ....... 0 0 .~ (/j 0 00
~ G= ~ .~ 2 ~ ~ i ~ 2 8 .~
gO~2:J~ oo......._m~~oo
.~ .~ :: m :g ~ ~ if) 6 ~ ro u
.Q=~~1?J~~:5~o~~
:e S .~ ~ ~ ~ a3 ~ ~ .g ~ ~
m~oooocc>E"""'5c>-
~~~~~~~~~~:5~
o ~ .0 ~ 2 0 ~ ~ 'm ~ .~ 0
~ g' J2 .0 ~ ~ ~ ~ ~ .8 00 G=
~ E 2 .~ 8 -5 g ~ ~ ~ g, ~
~~~E2I-ro~~~~~
.- 0 ~ ~ c ~ .~ >. >- com
~ ~ -g :;; is ~ ~.Q ~ ~ E 8
t ~ ro c E .- c ~ 0 >. t5 0
~ .E ~ ro ro ~ ~ ~ is ill .~ ~
~ ~ ~ -E :5 -g ~ :5 .c ~ -g .~
co-<i~iS20o~~~~Cii
~ .~ co 0 ~ ~ ~ .~ ~ ~ ~ ~
.2 ~ .~ ~ ~ 8 -6 ~ LL .~ ~ ~
o .- .- ill 0 >- 00 E ro >. :J
2 ~ 0 .~ 0 tt :5 m .g ;; c g
~ ~ "E ~ G= .E ~ ~ ~ ~ is .w
.::: co ro E ~ 00 EWe rn 0 .g
~o5:oo.2co~~iSrooo2::
-........8 m oo.3~"""'O >..!2 m
~ .~ 00 g' co 0 ~ c m n ill 00
.32~c~::~~:5~~:E
'0 ~ ~ ~<{ ~ ~ ~ ~ro c~
c=e ~ ~'O E ~ ~~ ~~co
.Q 6 '0 c c ~ 0 ~ 2 m ~ :J ~
~ o,~2~ 8~ ~~ ~2 ~~
~-:.;::::::;:J ou:Q ro:.;::::::;:J o<{,
w ~ ~ :Q 0 ~ ~ 5: 00 c .g E ~
~~g~~~~D~~5E:
6 ~ ~ ~ ~ ~ D ~ -8' ;V ~ .~ 0
Vi~~~~~~~~~~~2:~
'" ro
~ ~ '""' N i0 ""Item # 41 a:i;g
'"
a:J
<D
r--
1:'
Q)
>
c
o
o
LL
o
Do-
r-- N
"" Ol
~_N
'"
N
r-- a
"" a:J
~_N
'"
N
>-
c
c
Q)
Do-
r-- a:J
"" <D
~_N
'"
N
c
~
"
o
r-- N
"" ""
~_N
'"
N
LO N
a Ol
~_N
Ol
LO '"
a ~
~_cvi
Ol
-'
<(
Z
u::
a
N
a
N
.8
a
Ol
Ol
V)
ro
:J
E
o
LL
c
o
~
-"
"C
11)
is
>-
C
C
Q)
Do-
Q)
()
.~
Q)
(fJ
:E~
Q) ro
o ill
~ 6
cO
C Q)
<( ()
E~
::J Q)
E(fJ
.x :E
ro Q)
:;;;0
><
III
-
...
::::l
00
III
Q)
(ij
00
~ III
::::l Q)
uE
::::l(ij
.::. a.
lQ :!;! 0
'::1::0
1::::::l0
2:N
TI"Ca3~
O~.c~
...J E E:
m;::'Q)o
III I:: 15.. .lI)
= ::::l Q) g
Q)OooO
.= U..c: lI)-
a.. III OJ"
..!!! ::::l ai
.E Qj e ~
>-.= ..c: ,g
I::a..-f-.:
5i .9 l$ .s
a..1II~~
"C I:: :;,
~ B ~ E
5iEgj~
- ...
><:s.c
W.!!! ~
-gO
lll(ij
III ::::l
..!!!U
Qje::(
I::
a::
...
o
-
>-
I::
I::
Q)
a..
c:
~
~ ~
o
~
) ~I
) ~I
) ~I
) ~I
) ~I
) ~I
) ~I
) ~I
) ~I
) ~I
~ ~I
<(
'*-
'"
'"
o
~C\J
<~
l()
o I'-~r--
o~......
o"<t"<t
oo-"<t N
L[)lD
o Ol~'"
O(V)C')
O~......
00- 0 00
L[)1l)
o oo~oo
DOl."
O<DlD
00- I'- .0
"<tll)
o N~N
000
O"<t"<t
00- ('f) ~
"<tll)
o oo~oo
O~......
ONN
00- ~ a)
"<t"<t
o ~~......
00000
ONN
00- 00 cD
(V)"<t
o Ol~'"
DOl."
O"<t"<t
00- <D ..t
(V)"<t
o Ol~'"
O<DlD
0L[)1l)
00- ('f) ~
(V)"<t
o N~N
DOl."
O~......
00- ~ a)
(V)C')
o "<t~"<t
ONN
0L[)1l)
00- 0 00
(V)C')
(V) O~C')
(V)L[)00
(V)OC')
L[)-I'-N
~ N
>-
1:
::::s
o
>-U
(J)~~
~8~
.0 en'-
ro ro 0..
LLID]!
'iij.~ 0
-,0..1-
~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~1'-C\Jl()~~~"'~l()l()"'~0~~0l()00~
~~~1'-1'-~~"'~~~C\JC\J1'-00"'1'-l()~~l()0~~
O~~~~~O~~~~O~~~~OO~~~~~~~
C\J~00~"'~~"'~~~~~1'-~C\J0~"'~l()C\J~1'-
~~~OO~~~~~~~O~~~~~~~~~~~O
oooo~Noooo~oooMoo~~ooO~O~
'" ~
gID~~Rffi~~~~~ro~ID~~~~~~~~~~~
('f)~~ ~rom('f)~('f)~('f) ID~~~~m~~~~IDM
00- N- L[)- 6 - Ol- en
~ "<t
ONL[)<DI'-L[)OlOl"<t~L[)L[)<Doooo<D(v)(v)Nm<DN"<t<DO
~~~ ~~ffi~~('f)~~m~~~~~~~ID~~~~
I'--N- L[)- 6 -Ol- cD
~ "<t
~~~L[)~~~~~~~~m~8g~~~~~~~~~
~~~ ~~ro('f)~ ~('f) ~~~~~~~~~~~~
~ "<t
oo"<tooL[)ooOooNOl<D<DO(V)I'-Ooo"<tO<D"<t(V)NOO......
<D~<D L[)L[)I'-OOlool'-<DooL[)N~ooN<Doo(V)ooOlOl'"
~~~ ~('f)~('f) ~('f)('f) ~ro~~m~ID~('f)~~~
~N ..t N ~ 0
~ "<t
L[)OlOL[)ooNOlI'-"<tN<DNOl"<tOlNL[)"<tI'-O<D(V)OL[)O
L[)O<D ~(V)(V)000l1'-L[)"<t1'-(v)1'-~1'-1'-(V)L[)0<D(v)<Dr--
~~~ ~~~~ ~~('f) ~~~ roIDID~('f)~~~
~N ..t N.o 00
~ C')
I'-OOl"<t~(v)<D<DI'-NOlI'-(v)(v)oo"<tNN(V)"<tOI'-OlN'"
~~~ ~bffi~ro~~~~~~~~ro~~~~~~~
.oN 6 N..t .0
~ C')
~~~"<t~~~~~~~~~~~~~~~~~~8~m
N ~ <DOl<DN N<D(v) (V)~ ~1'-00L[)"<t(V)~"<tr--
~~ ~ ~ ~ M
~ C')
b~~~~~~~~~~~~~rom~~~~=~~~~
~ ~ ~roID~ ~('f)~ ('f)~ ~I-~~~~m('f)~
~~ ~ ~ ~ ~
~ C')
~~N(V)~~~~~~~~g~~~~~~~~~~~~
~ ~ roID~~ ~~~ ('f)~ ~ID~~('f)~ro('f)OO
~~ ~ ~ ~ 00
~ N
~~~(V)~~~~~O~~~N~~~~~OO~~~~~
~ ~ ~ID~~ ~o~ ~~ ~ID~~~~ro~N
~~ ~ ~ 00
~ N
~~~N~~~~~~~~~~~~~~~~~~~~~
~ ~m~~ ~~~ ~~ ~~~~~~~~
N ~.o
......
J::
U
ro
aJ
OJ
C/l C/l
~Q).z-
Q) g~o
l.... l.... l.... l.... 10 .~ t:: 0::: (j) ..c
'iij 'iij 'iij 'iij i!: -0 0 C C Q)
~~~~roQ).e-roroc
Q)Q)Q)Q)~5"S~~~
OJOJOJOJooC>EE~
-5~~
m ::J..c
OJ1i5(/)
J::
U
ro
aJ
OJ
~
o 'Qj
~-o
ro ro
--'2
J::
U
ro
aJ
OJ
c -"
o Iii
C, 0..
.~ eo W
alE..!!!
O:::{l~
zOo::
-5 ~ ro
m~o~-5 ~
OJ(/)..oilm -g
cCeowcoQ)w
.8.8:r:Q)Q)(5&
~ ~ .z- Q) Q) .~ ..c
:o:o~o...o...E'5
Q)Q)ro-';-';Q)O
o:::o:::(/)(/)(/)(/)(/)
"iii
(5
:c
::::s
III
C/l -0 C/l
~ ~ cv
.C en E
c%~"iii
C :J c..
o C/l :!::1
o.roc
eo f!:! ::J
1-1-2
Attachment number 4
Page 3 of 4
'*-
o
o
o
c::)
o
'"
l')
'"
~
",-
'"
'"
~
co
Il)
C!)-
'"
~
co
~
~-
~
l')
~
Il)
",-
~
ai
Cl
ro
C
aJ
U
Qj
a.
aJ
:0-0
ro c
.2 ro
a.~
0.0
roO
cO
ON
~C;;
Cl C/l c
C6~ro
'::: 0 -0 -,
.2[t20l
:9_rom
aJ8~~
~oW
C~Q)~
00- f!:! t5
-o(V)roQ
j~~5
.!!1 E o1ii
aJ E N
~ 0.. ro .~
taJ(ijJ::
::J (j) .9- '5
(/)J::uro
W ~.c >-
Q) 0 ::J C
(ij..cE~
(/) - C/l-o..
f!:! S.W-
~ ~ ~.~
2 ~ ro .~
00020
~mo..c
c~~~
~~-:5~
.3~6~
'0 ~ -o.~
6~~-E
:s 0.. a. ~
..0 'Qj ~ E
.C 0 W ro
:-mf!:!roo
-0 C/l 0
Q)~E-~
60 Q) l....
..croOro
ro W f!:! Q)
aJ aJ >- >-
..c-Ocro
I-il::::su
Uic8~
aJ
~ ~ct)
~
~
l')
1'--
~
o
~
",-
~
~
~
<'I
~-
I'-
Il)
Il)
co
<'I-
I'-
co
I'-
o
~-
co
'"
~
I'-
co-
co
'"
I'-
'"
~-
l')
-
.l!l
~
Item # 41
2
0..
"<t
(V)
i0
00
o
o
~
L[)
~
o
~
>-
c
C
aJ
0..
(ij
c
'0,
o
--'
<(
z
u:
o
N
o
N
.8
o
Ol
Ol
~
C/l
ro
:;
E
o
LL
c
o
:s
..0
'C
W
is
>-
c
C
aJ
0..
~
..t
00
<D
I'-
t
aJ
>
C
o
o
LL
o
0..
Attachment number 4
Page 4 of 4
:::;
[L
"<t
(V)
i0
00
o
o
~
L[)
~
o
~
ai'
:;
-0
Q)
J::
U
C/l
o
>=
LL
o
o
>-
LL
Cl
c
'>.
c
III
a.
E
o
u
U
III
Q)
Q)
~
c
o
'w
c
Q)
X
Q)
Q)
E
E
.::::
-0
Q)
C/l
-:;:
~
Q)
Qj
;::
C/l
Q)
Cl
III
C
Q)
u
Qj
a.
c
o
~
u
..Q
<(
5'
o
o
N
6
(V)
15.
Q)
(/)
>-
c
c
Q)
[L
Iii
c
'0,
o
--'
<(
z
u:
o
N
o
N
.8
o
Ol
Ol
~
o
o
o
N_
C/l
III
:;
E
o
LL
c
o
:s
..Q
'C
W
is
>-
c
c
Q)
[L
..ci
Q)
l:S
c
o
~
N
"g
J::
"5
III
>-
C
C
Q)
[L
-0
Q)
-0
C
Q)
X
Q)
~
..t
00
<D
"-
t
Q)
>
c
o
o
LL
o
[L
Item # 41
PENNY FOR PINELLAS EXTENSION
CITY OF CLEARWATER
2010-2020
1VA
Attachment number 5
Page 1 of 31
#3
OctoUelll) 1iRJ611
Attachment number 5
Page 2 of 31
Penny for Pinellas Extension
2010 -2020
In 1989 the "Penny for Pinellas" (infrastructure) sales tax was originally approved at countywide referendum for a
ten-year period starting in 1990. Soon after, on September 21, 1989, the Clearwater City Commission approved an
interlocal agreement with Pinellas County for the distribution of the net proceeds of the 1 % discretionary sales
surtax. About one-half of the money was used for County projects and the remainder was divided among the
municipalities within Pinellas County.
In the spring of 1997, county voters approved the extension of the "Penny for Pinellas" tax for a second ten-year
period ending in the year 2010.
Since the inception of Penny in 1990, the City has received approximately $120 million of Penny dollars. This has
provided a major economical boost to the City's economy, offering a means to provide facilities and service, most
which would have never been achievable without this resource.
Some of the major City of Clearwater projects that have been funded from receipts to date include:
. Memorial Causeway Bridge
. 11ainLibrary
. Bright House Stadium
. Sand Key Fire Station
. Northwest Fire Station
. Clearwater Mall Fire Station
. Countryside Recreation Center
. Ross Norton Complex
. North Greenwood Recreation and Aquatics Center
. Clearwater Beach Recreation Complex
. Pier 60
. Pier 60 Park
. Pier 60 Entranceway Approaches
. Municipal Service Building
. Harborview Center
. Clearwater Pass Bridge
. Drew Street Widening
. Countryside Boulevard Widening
. Stevenson Creek Improvements
. Landmark Drive Extension
Other projects planned for the remainder of the current ten-year cycle include:
. Reconstruction of the Main Fire Station #45 (Downtown)
. Fire Station #48 (Belcher Road) Renovation and Replacement
. Druid Road Improvements
. Downtown Streetscaping
. Moruingside Recreation Center Replacement
. Long Center Infrastructure Improvements
Item # 41
Attachment number 5
Page 3 of 31
Facts about the Penny for Pinellas tax:
. More than 35% of the funds come from tourists, seasonal residents and non-property owners.
. It is equitable - everyone pays their fair share of preserving, protecting, and improving our community.
. Necessities, such as groceries and medicines, are NOT taxed.
. Only the first $5,000 of any single purchase (such as a car) is taxed.
Current Plans for Penny
According to Pinellas County estimate, the City of Clearwater will receive approximately $138,855,000 of
proceeds over the third ten-year period beginning in the year 2010.
The following pages detail the City Manager's list of recommended projects to the City Council for infrastructure
projects during this next ten-year cycle. All of these projects support the City Council's adopted vision for the
City of Clearwater.
Item # 41
Penny for Pinellas Extension
Approved City Council Projects
2010-2020
Attachment number 5
Page 4 of 31
Police Homicide Vehicle
Clearwater Beach Fire Station Renovation/Reconstruction
Lakeview Fire Station Renovation/Reconstruction
Countryside Fire Station Renovation/Reconstruction
Downtown Streetscaping
Highland Ave Widening - Union St to Sunset Point Rd
Bayshore Blvd Realignment North of Drew St
Downtown Parking
Coachman Park Redevelopment
Youth Sports Fields Renovations & Improvements
Neighborhood Parks Renovations & Improvements
Recreation Trails
Countryside Family Aquatics Center Development
Municipal Beach Parking Garage
City-wide Seawall Replacement
Countryside Branch Library Expansion & Renovation
East Branch Library Expansion & Renovation
Library Technology
New City Hall & Parking Garage
City-wide Wireless Mesh
Senior Facility
Ruth Eckerd Hall
Traffic Calming
New Sidewalk Construction
TOTAL
150,000
4,147,910
4,755,560
4,648,460
12,500,000
2,500,000
2,500,000
6,250,000
5,000,000
7,000,000
5,000,000
3,000,000
2,500,000
12,500,000
1,250,000
6,250,000
6,250,000
1,250,000
25,000,000
3,125,000
3,500,000
4,000,000
5,000,000
2,833,250
130,910,180
Page #
1
2
3
4
5
7
8
9
10
11
12
13
15
16
17
18
19
20
21
22
23
24
26
27
Item # 41
Attachment number 5
POLICE HOMICIDE VEHICLE
SCOPE:
This project provides for the purchase of a Traffic Homicide Van to replace the
vehicle currently in service. This vehicle is used to respond to serious traffic
accidents when there is a potential or actual fatality and used for special events
such as drunk driver enforcement programs. The vehicle contains the
sophisticated equipment used by traffic homicide investigators and can sustain
these investigations for many hours while these officers are on the scene of a
traffic homicide call.
COST:
Penny for Pinellas
$150,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $800 for fuel and maintenance services.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
1
Item # 41
Attachment number 5
CLEARWATER BEACH FIRE STATION RENOVATION/RECONSTRUCTION
SCOPE:
This project funds the renovation/reconstruction of the existing Clearwater Beach
Fire Station #46. This facility will be approximately 46 years old at the time of
planned renovation/reconstruction. The facility was not constructed to
accommodate a diverse workforce, and the technological changes that have
occurred since 1964. The current geographic location of the station is ideal and
the extensive remodeling of the facility will provide continued service to the
community.
COST:
Penny for Pinellas
$4,147,910
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Quality Beach Environment
2
Item # 41
Attachment number 5
LAKE VIEW FIRE STATION RENOVATION/RECONSTRUCTION
SCOPE:
This project funds the renovation/reconstruction of the existing Fire Station #47.
This facility will be approximately 36 years old at the time of planned
renovation/reconstruction. The facility was not constructed to accommodate a
diverse workforce, and the technological changes that have occurred since its
construction. The current geographic location of the station continues to serve the
community.
COST:
Penny for Pinellas
$4,755,560
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
3
Item # 41
Attachment number 5
COUNTRYSIDE FIRE STATION RENOVATION/RECONSTRUCTION
SCOPE:
This project funds the renovation/reconstruction of the existing Clearwater Fire
Station #50. This facility will be approximately 36 years old at the time of
planned renovation/reconstruction. The facility was not constructed to
accommodate a diverse workforce, and the technological changes that have
occurred since its construction. The current geographic location continues to
serve a rapidly expanding community.
COST:
Penny for Pinellas
$4,648,460
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
4
Item # 41
Attachment number 5
DOWNTOWN STREETSCAPING
SCOPE:
This project will continue the downtown streetscaping theme currently underway
on Cleveland Street between Osceola and Myrtle Avenues. The project will focus
on streets within the downtown area between Court and Drew Streets and between
Myrtle and Highland Avenues.
The design theme will be consistent throughout, with a goal of making downtown
Clearwater an attractive, pedestrian oriented destination. It is anticipated that this
project will encourage continued residential and retail development in the
downtown area.
COST:
Penny for Pinellas
$12,500,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
5
Item # 41
Attachment number 5
-~-
DOWNTOWN STREETSCAPING (continued)
CITY COUNCIL'S VISION:
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Vibrant Downtown that's Mindful of its Heritage
6
Item # 41
Attachment number 5
HIGHLAND AVENUE WIDENING
(Union Street to Sunset Point Road)
SCOPE:
This project will add a bi-directional center turn lane on Highland Avenue from
Sunset Point Road north to the city limits at Union Street. This new cross section
will be consistent with the current configuration south of Sunset Point Road and
with improvements recently completed by the City of Dunedin to the north, and
will improve the level of service on this multi-jurisdictional north-south corridor.
COST:
Penny for Pinellas
$2,500,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
7
Item # 41
Attachment number 5
BA YSHORE BOULEVARD REALIGNMENT
(North of Drew Street)
SCOPE:
This project will eliminate a dangerous curve on heavily traveled Bayshore
Boulevard. The curve in the road just north of Drew Street is difficult for vehicles
to navigate. Straightening of this section of road will significantly enhance the
safety for Clearwater & Safety Harbor residents who use this route daily.
COST:
Penny for Pinellas
$2,500,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
8
Item # 41
Attachment number 5
DOWNTOWN PARKING
SCOPE:
This project provides funding for construction of public parking spaces in the
downtown area. Specific locations have purposely not been identified at this time
in order to maintain flexibility as downtown redevelopment evolves. There is
also an option of participating in a joint venture with either public or private
entities to construct a parking garage.
COST:
Penny for Pinellas
$6,250,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are unknown until the project has been designed.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Work" element of
the City Council's Vision and the following related priority:
.:. Economic Vitality and Reinvestment
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priority:
.:. Efficient Responsive City Services
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Vibrant Downtown that's Mindful of its Heritage
9
Item # 41
Attachment number 5
COACHMAN PARK REDEVELOPMENT
SCOPE:
The proposed project provides for the expansion of Coachman Park to include the
Drew Street extension, under the new Memorial Causeway Bridge, Harborview
parking lot & Cleveland Street west of Osceola Ave. This area will be redesigned
to allow for a cohesive downtown waterfront that may include an amphitheatre for
special events, improved restroom facilities, parks, parking facilities, and other
improvements as determined by the citizens of Clearwater that would support the
economic and development goals of Clearwater. This improved waterfront /
public space should be designed as Clearwater's "Central Park." Harborview
Center, Bayfront Tennis Courts, the Bayfront Memorial Parks and the waterfront
area are included in the project scope.
COST:
Penny for Pinellas
$5,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $400,000, (includes 3.0 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priorities:
.:. A Vibrant Downtown that's Mindful of its Heritage
10
Item # 41
Attachment number 5
YOUTH SPORTS FIELDS RENOVATIONS & IMPROVEMENTS
SCOPE:
This project will provide for much needed renovation and construction of new
sports facilities needed to meet the demands of youth sports in Clearwater as well
as north County. This project would provide for the renovations of Sid Lickton
Park, Countryside Community Park, Prank Tack Park and Countryside Sports
Complex as well as new facilities for North Clearwater (4-6 new multipurpose
fields and other amenities). Safety Harbor residents as well as north County
residents would use the new facilities, since, both Pinellas County and Safety
Harbor would partner with the City in these developments.
COST:
Penny for Pinellas
$7,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $162,000, (includes 2.0 additional PTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
11
Item # 41
Attachment number 5
NEIGHBORHOOD PARKS RENOVATIONS & IMPROVEMENTS
SCOPE:
One of the most important parts of the Park and Recreation Master Plan is the
maintenance and renovation of existing parks, whether they are neighborhood,
community, special facilities or resource-based parks. Several parks in the
existing inventory will need to be renovated over the next ten years. This project
will provide for much needed renovation to several of the neighborhood parks
throughout the city. Some of the facilities and designs at the older parks are over
30 years old and in need of major renovation.
The parks identified for possible renovation include, NE Coachman Park, Pier 60
Park, W oodgate Park, Valencia Park, Cliff Stephens Park, Charles Park,
Overbrook Park. In addition, two new neighborhood parks are proposed at Salls
Lake Park and State Street Park. These two new parks may include park
amenities, i.e., tennis courts, basketball courts, parking, playgrounds, open
playfield areas and park amenities.
COST:
Penny for Pinellas
$5,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $85,000, (includes 1.0 additional PTE).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
12
Item # 41
Attachment number 5
RECREATION TRAILS
SCOPE:
The project will provide for the completion of the City wide trail system.
Attention is given to planning trails that will connect neighborhoods with existing
trails such as the East West Trail, Progress Energy Trail and Pinellas Trail. The
City is in a major development phase for many current trail projects including the
East West Trail, Mandalay Channel Pedestrian Bridge, Memorial Causeway Trail
and the Turner Street Druid Road Trail. However, there are many additional trails
that are being proposed by this project which include the Landmark Trail,
Edgewater Drive Trail, Bayshore Drive Trail South, Courtney Campbell Parkway
Trail, and East Avenue Trail improvements in the Downtown corridor to give all
citizen residents access to the trail system.
The City will be seeking other State and Federal funding sources to match the
Penny funds to make the trail system a reality. There appears to be a great deal of
interest in providing alternative transportation options and trails are one of the key
ingredients in accomplishing this goal.
COST:
Penny for Pinellas
$3,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $195,000, (includes 2.0 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
13
Item # 41
Attachment number 5
-~-
RECREATION TRAILS (continued)
CITY COUNCIL'S VISION:
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priorities:
.:. A Quality Beach Environment
.:. A Vibrant Downtown that's Mindful of its Heritage
14
Item # 41
Attachment number 5
COUNTRYSIDE FAMILY AQUATICS CENTER DEVELOPMENT
SCOPE:
The Countryside area has many fine recreation facilities but does not have a
public pool. The Park & Recreation Master Plan recommended the construction
of a family aquatics center that will meet the needs of the Countryside residents
similar to other aquatics centers in the City. The facility would provide for a
variety of activities that could include a lap pool, diving boards, slides, spraying
fountains, playgrounds, and other creative state of the art aquatics fun activities.
COST:
Penny for Pinellas
$2,500,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $325,000, which includes 6.5 additional
FTE'S. It is anticipated that a portion of the annual operating costs will be
covered by user fees.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live "element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
15
Item # 41
Attachment number 5
-~-
MUNICIPAL BEACH PARKING GARAGE
SCOPE:
The purpose of this project is to provide additional public parking for Clearwater
Beach, the City's Marina and beach businesses, and eliminate the need for
overflow parking on the causeway during peak periods. This project could take
the form of a public-private partnership to provide a facility that would meet the
needs of the City, our citizens and the visitors to our community.
COST:
Penny for Pinellas
$12,500,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are unknown.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Efficient Responsive City Services
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Quality Beach Environment
16
Item # 41
Attachment number 5
CITY-WIDE SEAWALL REPLACEMENT
SCOPE:
This project provides funds to replace seawalls as needed. There are numerous
seawalls located on City property in Downtown, Island Estates and Clearwater
Beach, many of which are reaching the end of their useful life. Replacement of
these seawalls prior to their failure is of vital importance to protect the upland
uses adjacent to them.
COST:
Penny for Pinellas
$1,250,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
This project also supports the "Clearwater Includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Quality Beach Environment
17
Item # 41
Attachment number 5
COUNTRYSIDE BRANCH LIBRARY EXPANSION AND RENOVATION
SCOPE:
The Countryside Branch is the busiest facility in the Clearwater Library System.
Built in 1988 with only 15,000 square feet of space, the library receives nearly
350,000 visits each year from residents and visitors.
The proposed project would include the demolition of the existing building and
the construction of a two-story facility on the current site, basically doubling the
space while maintaining the current footprint. The expanded facility would
include a separate children's section as well as an enlarged section for computer
technology and public access.
COST:
Penny for Pinellas
$6,250,000
FUTURE FUNDING REQUIREMENTS:
There is no need for additional staffing assuming that recommended library
technology improvements are implemented to provide self-checkout and other
improvements to routine procedures. Increased costs to cover areas including
higher utility bills, custodial costs, building and maintenance increases,
information technology costs for additional computers are estimated at $111,000.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
18
Item # 41
Attachment number 5
EAST BRANCH LIBRARY EXPANSION AND RENOVATION
SCOPE:
The East Branch is the oldest facility in the Clearwater Library System. Built just
as computers were beginning to be incorporated into library service, the building
is not designed for the technological needs of today, or for the heavy usage it
receives.
The proposed project could include the demolition and construction and/or
reconstruction of the existing facility to provide a two-story facility on the current
site, basically doubling the space while maintaining the current footprint.
Another option would be the possibility of developing a joint use library with the
Clearwater campus of SPC as an alternative to expanding the existing facility.
Either way, the expanded facility would provide larger youth and computer
sections.
COST:
Penny for Pinellas
$6,250,000
FUTURE FUNDING REQUIREMENTS:
There is no need for additional staffing assuming that recommended library
technology improvements are implemented to provide self-checkout, and other
improvements to routine procedures. Increased costs to cover areas including
higher utility bills, custodial costs, building and maintenances increases,
information technology costs for additional computers are estimated at $105,000.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
19
Item # 41
Attachment number 5
-~-
LIBRARY TECHNOLOGY
SCOPE:
The project provides for the implementation of Radio Frequency Identification
(RFID) technology at all City of Clearwater branches. This technology allows
libraries to perform many routine, repetitive tasks more efficiently. Stacks of
books can be checked in and out with one movement. Patron self-checkout
allows the public to complete their transactions without staff assistance. With the
more efficient use of staff, the expanded branch facilities can be effectively run
with no increase in staffing levels. The system also provides the most effective
security system currently available.
COST:
Penny for Pinellas
$1,250,000
FUTURE FUNDING REQUIREMENTS:
It is anticipated approximately $30,000 a year would be required for maintenance.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project supports the "Clearwater is a Wondeiful Place to Play" element of
the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
20
Item # 41
Attachment number 5
NEW CITY HALL AND PARKING GARAGE
SCOPE:
This project provides funds for construction of a new City Hall facility with an
associated employee and possibly public parking garage. This specific location
has yet to be determined. The facility would house those functions existing in the
current City Hall and possibly relocate some functions from the Municipal
Services Building. It is intended for this to be a signature building equipped with
the latest technological advancements in order to provide quality service to the
customers.
COST:
Penny for Pinellas
$25,000,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are unknown.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
.:. Communication
This project also supports the "Clearwater includes Special Places that Belong to
Everyone in the Community" element of the City Council's Vision and the
following related priority:
.:. A Vibrant Downtown that's Mindful of its Heritage
21
Item # 41
Attachment number 5
-~-
CITY-WIDE WIRELESS MESH
SCOPE:
This project will construct a wireless network across the entire jurisdictional area
of Clearwater that can be used by the public and City operations to provide access
to the internet at broadband speeds (data transfer in excess of 3Mbs). City
operations would be able to access computer applications and communications
databases to support business operations and improve service delivery.
Development of this network technology will also provide free access to the
internet for all visitors and residents, reducing barriers to equal opportunity,
promoting economic development and increasing quality of life and services.
COST:
Penny for Pinellas
$3,125,000
FUTURE FUNDING REQUIREMENTS:
Additional operating costs of $50,000 for maintenance are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
elements:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
.:. Communication
22
Item # 41
Attachment number 5
SENIOR FACILITY
SCOPE:
The City has made a commitment to address the senior population in Clearwater
by creating the Office of Aging. A Senior Facility would be a place for all
seniors to get information and support for those activities and services they are in
need of. The Facility could include offices that can be used by aging service
providers, classroom facilities for educational seminars and recreation activities,
fitness room and a large activity room that could be used for a variety of
recreational and community activities. This facility could provide a social
gathering place as well as a space for the arts and self help classes in technology,
health, finances, housing, transportation; just to name a few. The facility would
be constructed on existing City property, possibly where the existing lawnbowls
and shuffleboard building and courts are located, and could be incorporated into
other facilities used by seniors.
COST:
Penny for Pinellas
$3,500,000
FUTURE FUNDING REQUIREMENTS:
Annual operating costs are estimated at $400,000, (includes 4.5 additional FTE's).
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater is a Wondeiful Place to Play" element
of the City Council's Vision and the following related priorities:
.:. A Variety of Cultural and Recreational Offerings
23
Item # 41
Attachment number 5
RUTH ECKERD HALL
SCOPE:
The proj ect will provide for the expansion of the PACT learning center (Marsha
P. Hoffman Institute of Performing Arts) by providing additional space for classes
and activities currently being conducted at the center. The new Marsha P.
Hoffman Institute of Performing Arts is popular with the community with all
practice and classroom spaces occupied on a full time basis. The City has
partnered with PACT on many projects and proposes to partner with PACT again
to accomplish the needed cultural expansion. There is no need for the City to
duplicate other facilities that are doing an excellent job in meeting the performing
arts needs in the community. This project will allow for additional space to
expand the program offering for the performing arts, including dance, music,
acting and choral performances.
COST:
Penny for Pinellas
$4,000,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Learn" element of
the City Council's Vision.
This project supports the "Clearwater is a Wondeiful Place to Play" element of
the City Council's Vision and the following related priority:
.:. A Variety of Cultural and Recreational Offerings
24
Item # 41
Attachment number 5
-~-
RUTH ECKERD HALL (continued)
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Services
25
Item # 41
Attachment number 5
TRAFFIC CALMING
SCOPE: This project will provide funding to continue implementation of traffic calming
projects in neighborhoods throughout the City. Traffic calming serves to reduce
speeding and deter cut-through traffic, resulting in safer neighborhoods for
pedestrians and vehicular traffic. These projects provide comprehensive
neighborhood solutions using various traffic calming elements as deemed necessary
for the particular location. Neighborhood involvement from the beginning is crucial
to the success of traffic calming projects.
COST: Penny for Pinellas $5,000,000
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wondeiful Place to Live" element of
the City Council's Vision and the following related priority:
.:. Safe Comfortable Walkable Neighborhoods
This project supports the "Clearwater Provides the Infrastructure to Support all
its Attributes" element of the City Council's Vision and the following related
priority:
.:. Well Maintained Infrastructure
26
Item # 41
Attachment number 5
NEW SIDEWALK CONSTRUCTION
SCOPE: This project provides for construction of new sidewalks throughout the City.
Locations will be prioritized from the City streets, which are identified in the City
Bicycle and Pedestrian Master Plan. In residential areas, sidewalks will only be
installed in locations where a majority of the residents are in favor of the installation.
COST: Penny for Pinellas $2,833,250
FUTURE FUNDING REQUIREMENTS:
No additional operating costs are anticipated.
CITY COUNCIL'S VISION:
This project supports the "Clearwater is a Wonderful Place to Live" element of
the City Council's Vision and the following related priorities:
.:. A Safe Clean Green Environment
.:. Safe Comfortable Walkable Neighborhoods
This project also supports the "Clearwater Provides the Infrastructure to Support
all its Attributes" element of the City Council's Vision and the following related
priorities:
.:. Well Maintained Infrastructure
.:. Efficient Responsive City Systems
27
Item # 41
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Evaluation
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 42
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Attorney Evaluation
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 43
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 44
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: Big East Champion USF Bulls Softball Team Weekend
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 45
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clearwater Housing Authority - Update to Mayor and City Council (Robert Aude, Chairperson)
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 46
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ironman Presentation - Kevin Dunbar
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 47
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Key to the City Presented to Lillian Trickel
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 48
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Letter of Recognition - Fred McCool - Humane Society of Pinellas
SUMMARY:
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 49
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Award / Team Award
SUMMARY:
30 years of service:
Cyndie Goudeau, City Clerk
Official Records and Legislative Services
NovemberlDecember 2008 Team A ward:
Police House Fire Rescue Team
Meeting Date: 11/3/2008
Review Approval: 1) Clerk
Cover Memo
Item # 50