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ûÈÈÛÙÔÏ×ÎÈÉ ùÓÈÃûÈÈÍÊÎ×Ã÷ÆÛÐÇÛÈÓÍÎ ûÈÈÛÙÔÏ×ÎÈÉ ùÓÈÃïÛÎÛÕ×Ê÷ÆÛÐÇÛÈÓÍÎ ûÈÈÛÙÔÏ×ÎÈÉ íÈÔ×ÊùÍÇÎÙÓÐûÙÈÓÍÎ íÈÔ×ÊùÍÇÎÙÓÐûÙÈÓÍÎ ûÈÈÛÙÔÏ×ÎÈÉ ûØÒÍÇÊÎ ï××ÈÓÎÕøÛÈ× ùÓÈÃùÍÇÎÙÓÐûÕ×ÎØÛ ùÍÇÎÙÓÐùÔÛÏÚ×ÊÉùÓÈÃôÛÐÐ éçúò÷ùè ê÷ùíïï÷îøûèóíî ñ×ÃÈÍÈÔ×ùÓÈÃìÊ×É×ÎÈ×ØÈÍðÓÐÐÓÛÎèÊÓÙÑ×Ð éçïïûêã ùÐ×ÊÑ ê×ÆÓ×ÅûÌÌÊÍÆÛÐ ùÍÆ×Êï×ÏÍ ôÉØÐ ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Letter of Recognition - Fred McCool - Humane Society of Pinellas SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 2 I- ia . CITY OF CLEARWATER POST OMCE Box 4748, CLEARWATER, FLORIDA 33758-4748 CITY HALL, 112 SOURI OSCEOLA AvENUE, CLEARWATER, FLORIDA 33756 TELEPHONE. (727) 562-4050 FAX (727) 562-4052 CITY COUNCIL November 6, 2008 Dear Mr. McCool, On behalf of the Clearwater City Council, please accept our congratulations as you celebrate your twenty-year career as Humane Officer and ambulance service driver with the Humane Society of Pinellas. Most citizens would not know you by name, however we have all seen you at one time or another going to the aid of an injured or abused animal. Dedication like yours is admired and respected by us all. "Compassion Fatigue" is a condition I have heard described of professionals in your occupation. You witness animal suffering and abuse on a daily basis, but continue to provide help and hope for a better future for as many as you can. We thank you for your service to our community and for your commitment to the health and humane treatment of all animals. Sincerely, Frank V. Hibbard Mayor Cc: City Council FRANK V. HIBBARD, MAYOR GEORGE N. UFFEKOS, COUNCILMEMBER JOHN DORAN, COUNCILNIBINR PAUL F. GI&SON, COUNC.ILMENIBER CARLEN A. PETERSEN, COUNCII.NIEMBER TQDAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Big East Champion USF Bulls Softball Team Weekend SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 3 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Housing Authority - Update to Mayor and City Council (Robert Aude, Chairperson) SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 4 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ironman Presentation - Kevin Dunbar SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 5 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Award / Team Award SUMMARY: 30 years of service: Cyndie Goudeau, City Clerk Official Records and Legislative Services November/December 2008 Team Award: Police House Fire Rescue Team Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 6 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 SUBJECT / RECOMMENDATION: Approve the minutes of the October 15, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 16 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 15, 2008 Present: nk Hibbard Mayor e N. Cretekos Vice-Mayor ran Councilmember C ersen Councilmember Pau Councilmember Als William B. II City Manager Jill S. Silve Assistant City Manager Rod Irwin Assistant City Manager Pamela K. City Attorney Cynthia E. eau City Clerk Rosemar' Management Analyst Mayor called t g to order at 6:00 p.m. at City Hall. The invocation was k%T?he Reverend D atch offkt United Methodist Church. The Mayor led the P To ntinuity for re in agenda order although not necessarily discussed in tha 4 - Presentations: Given 4.1. Congressman Bil - Stevenson Creek Up 4.2. Representative Bill Heller - End of S rt 5 -Approval of Minutes 5.1 Aaarove the minutes of the Octob 008 Citv Coun as s summation by the City Clerk. Councilmember Petersen moved to ap tes of the ity Council Meeting as recorded and submitted in writ mation by t lerk to Councilmember. The motion was duly seconded a rried unani 6 - Citizens to be Heard re Items Not on the Agenda Thomas McGee - expressed concerns regarding plan approved in raffic Calming Project. Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings Council 2008-10-15 1 Item # 7 Attachment number 1 Page 2 of 16 7.1. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1202 Keene Road (Lot 7, Block B, with that portion of the vacated street to the North per O.R. Book 5408, Page 1481, Oak Acres Addition according to the ma or plat thereof as recorded in Plat Book 32, Paae 70. Public ReGA6 of Pinellas Countv. Florida) toaether with the abuttina riaht-of-wav of 07013) ary anne of Ian d by a detach No ene Road. The ap s solid waste service frc e of abutting Keene Roa ed. The property is contigi t the property be assigned a F zoning category of Low DensA (ANX2008- ition involves a 0.31-acre property consisting of one parcel ling. It is located west of the intersection of Beverly Circle is requesting this annexation in order to receive sanitary City. The Planning Department is requesting that the of-way not currently within the City limits also be existing City boundaries to the north. It is proposed Land Use Plan designation of Residential Low (RL) and dential (LDR). The Planning Detei t ions of Com elopn line of the impac the assessmen collection o property is located within Polic ned that the proposed annexation is consistent with ode Section 4-604.E: The closest sanitary sewer e applicant has made payment of the sewer wner installed, there is no sewer provided by the City of Clearwater. The ands will be administered through the District Station located at 2151 N. M ooth Road. ire and emergency medical services will be The proposed annexation is co romotes Ilowing objective of the Clearwater Comprehensive Plan: Obj A: rban C pment withi service area shall be promoted throu lication of t D Code; The proposed RL Future Land Ian category is Countywide Plan designation of this pro This desi density of 5 units per acre. The propose Low Density Residential (LDR) District. The ct property to uses allowed in the District and the property and m requirements. The proposed annexation is consis ith Comprehensive Plan and Community Development de; and annexation is contiguous to existing City boundaries to the consistent with Florida Statutes Chapter 171.044. provided to this property b 47 located at 1460 view Road. The City has adequate capacity to serve this p ith solid waste, po ' MS service. The property is currently served by Ci r. The proposed anne ave an adverse effect on public facilities and their els of service. Councilmember Cretekos moved to approve the Annexation, Initial I Designation of Residential Low (RL) and Initial Zoning Atlas Designation o Residential (LDR) District for 1202 Keene Road (Lot 7, Block B, with that street to the North per O.R. Book 5408, Page 1481, Oak Acres Addition, or plat thereof as recorded in Plat Book 32, Page 70, Public Records of Pi Florida) together with the abutting right-of-way of Keene Road. The motion and carried unanimously. Council 2008-10-15 n t rnsily omm y t with rmits resid sat a ssigned to is the ' the District's dimen the Cou Ian, the Ci T rty proposed no fore the anne lan of the vacated ng to the map duly seconded 2 Item # 7 Attachment number 1 Page 3 of 16 Ordinance 8000-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8000-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "P?kos, Petersen, Doran, Gibson, and Hibbard. iFercPetersen e 8001-08 w nted for first reading and read by title only. move ss Ordinance 8001-08 on first reading. The motion was ded and upon roll call, to was: "Ayes": Cretekos, Fen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8002-0 sentE k- ln? tuber Doran pass O e vote wa retekos, "Nays": Non for first reading and read by title only. mince 8002-08 on first reading. The motion was duly on, and Hibbard. Initial Zoning Atlas De n of Low Medium Den Grove Street (Lot 29. BI 2. Virainia Grove Terrace Fi (ANX2008-08014) LMDR) District for 170: toaether with the abutti This voluntary annexation petit %orde s a 0.18 perty c1 parcel of land occupied by a single-fa m g. It is I the east approximately 100 feet north of the inteand State applicant is requesting this annexation iitary sewer service from the City. The property is in an enclav contiguou boundaries to the north, east, south, and west. Th ition will re enclave. Planning Department is requesting that the 0.34-acre f Grove property, as well as the Grove Drive right-of-way abutting 170 Route 590 not currently within the City limits also be annex be assigned a Future Land Use Plan designation of Residen of Low Medium Density Residential (LMDR). ting the subj treet and 27 roposed t (RL) and hat The Planning Department determined that the proposed annexati %wawA sistent with the provisions of Community Development Code Section 4-604.E: The cl nitary sewer line is located in the Grove Drive right-of-way in front of the property, and licant has paid the City's required sewer impact and assessment fee. Collection of solid il l be provided by the City of Clearwater. The property is located within Police District III and service will be Council 2008-10-15 3 Item # 7 Attachment number 1 Page 4 of 16 administered through the Police Department substation located at 2851 North McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The property is served by County water. The propos exation will not have an adverse effect on public facilities and their levels of service; sed annexation is consistent with and promotes the following objective of th mprehensive Plan: Objective 2.4: Compact urban development within the u ice II be promoted through application of the Clearwater Commun' opment e proposed RL Future Land Use Plan category is consistent with th Countywide ignation of this property. This designation primarily per ential uses at a de five dwelling units per acre. The proposed zoning district t ned to the property is DR District. The use of the subject property is nt with the uses allowed i istrict and the property exceeds the District's minimum sional requirements. The p d annexation is therefore consistent with the untywide Plan, City's Compre e Plan and Community Development Code; and The operty proposed for annexati ntiguous to existing City boundaries to the west; therefore nnexation is consistent ida Statutes Chapter 171.044. uncilmembe moved prove the Annexation, Initial Land Use Plan Des (RL) a Zoning Atlas Designation of Low Medium Densit District J Street (Lot 29, Block 2, Virginia Grove Terrace Fir together w' of way, as well as the Grove Drive right- of-way adjacent to 1709 Grove 2770 oad 590. The motion was duly seconded and carried unanimously. Ordinance 8008 Councilmember Gibs d? duly seconded and upo presented for first d to pass Ordinance I call, the vote was: "Ayes": Cretekos, "Nays": None. Ordinance 8009-08 was presen Councilmember Petersen moved to pass duly seconded and upon roll call, the vote wa "Ayes": Cretekos, "Nays": None. ad by title only. ltreadinq. The motion was Ordinance 8010-08 was presented for first reading anlWad by title on Councilmember Doran moved to pass Ordinance 8010-08 on first readingA seconded and upon roll call, the vote was: "Ayes": Cretekos, "Nays": None. Council 2008-10-15 4 Item # 7 Attachment number 1 Page 5 of 16 7.3. Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1219 Union Street (Lot 11, Block A, CLEARDUN) , together with the abutting one-half of the right-of- way of Union Street; and Pass Ordinances 8011-08 8012-08 and 8013-08 on first reading. (ANX2008-08015) This v ion parcel of la ed I? the inters nion S annex der to receive req at the 0.043-acre o li a annexed. The prop d that the property be ass (RU) and a zoning category The Planning Departr rovisions of Community pproximately 200 f petition involves a 0.1407-acre property consisting of one family dwelling. It is located approximately 300 feet east of Douglas Avenue. The applicant is requesting this aste service from the City. The Planning Department is ing Union Street right-of-way not currently within the City contiguous to existing City boundaries to the south. It is a Future Land Use Plan designation of Residential w Medium Density Residential (LMDR). Ermined that the proposed annexation is consistent with ment Code Section 4-604.E: The closest sanitary sewer the subject property. Due to the distance of this line, s vice is not re ble to t plicant's property. Collection of solid waste will be rwater. perty is located within Police District II and service through arters located at 645 Pierce Street. Fire and emergency ervices will roperty by Station 51 located at 1721 Overbrook Avenue. This prop y is se City water and the City has the capacity to provide solid waste, polic d EMS servi The proposed annexation will not have an adverse effect on public f nd their levels of se The proposed annexation is consistent with and pro e following objecti ater Comprehensive Plan: Objective 2.4: Compa development within t e area shall be promoted through application of th learwater Community Developmen The proposed RU Future Land Use Plan category is consistent wi t Countywi designation of this property. This designation permits res' density o nits per acre. The proposed zoning district to be assign e prop e LM trict. The useaidih., subject property is consistent with the allowed in District's minimum dimensional requir s. The propos Countywide Plan, City's Comprehensiv nd Com property proposed for annexation is con ti therefore the annexation is consistent with Flo ha[ Councilmember Cretekos moved to approv Annexati Designation of Residential Urban (RU) and Initial Zon g Atlas D Density Residential (LMDR) District for 1219 Union Street (Lo together with the abutting one-half of the right-of-way of Uni seconded and carried unanimously. and Use PI rnf Low Med k A, CLEARL? The motions Ordinance 8011-08 was presented for first reading and read by 1 Councilmember Gibson moved to pass Ordinance 8011-08 on first read duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Council 2008-10-15 5 Item # 7 Attachment number 1 Page 6 of 16 "Nays": None. Ordinance 8012-08 was presented for first reading and read by title only. Councilmember P&enromoved to pass Ordinance 8012-08 on first reading. The motion was duly seconded anall, the vote was: s, Petersen, Doran, Gibson, and Hibbard. F ys": No ance 8013-08 was ember Doran moved to and upon roll call, the "Ayes": Cretekos, "Nays": None, Distric ex! Pass Ordin -08 on fi AND inges of use witnln the uowntown (U) )r available land for their construction, and that lies along the We rt lines of Lot 1 and 0 Belmont Second Additio (a.k.a. 801 Howard Street Eggers-City of Clearwater) Councilmember Cretekos mov on tin The motion was duly seconded and c unanimo 8 - Quasi-judicial Public Hearings Boulevard to November 6, 2008. (REZ2008-07007 Councilmember Gibson moved to continue was duly seconded and carried unanimously. 9 - Second Readings - Public Hearing N .4 a 8.1 to N Block "J", (VAC2008-02 November 2008. Th 9.1. Adopt Ordinance 7945-08 on third reading, amending the future land element of the Comprehensive Plan of the citv to chanae the land use desianation f in real orooerty Residential Urban (RU) and Institutional (1), to Residential Low Medium (RLM Council 2008-10-15 :d for first reading and read by title only. rdinance 8013-08 on first reading. The motion was duly Doran, Gibson, and Hibbard. 6 Item # 7 Attachment number 1 Page 7 of 16 Ordinance 7945-08 was presented for third reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7945-08 on third and final reading. The motion was duly seconded and upon roll call, the vote was: "A?kos, Petersen, Doran, Gibson, and Hibbard. .2. in real Llmember ce 7946-08 wa ted for second reading and read by title only. Doran move s and adopt Ordinance 7946-08 on second and final otion was nded and upon roll call, the vote was: s, Peterwran, Gibson, and Hibbard. in ning Atl dlawn 11 ivone. City Manager Reports 10 - Consent Agenda - 9?Q as Submitted 10.1. Award a contrac ase order for $155,40 E ui ment Inc. 2904 59th Avenue Drive East Bra ton FL for one 1 Medtec trans o lance in accordance with Sec. 2.564 1 d Code of Ordinances-O ental bid a e lease purchase under the City's Master Lease Purchase A r rize a r officials to execute same. (consent) 10.2. Declare the attached list of com ui ment sur needs authorize sale to the highest bidder, an rize the a officials to same. (consent) 10.3. Approve a one-year funding a reement in th nt of 150 een Jo Transportation of Clearwater Inc. and the Cit of ater for th n of trans and trollev service on Clearwater Beach. Island Estat s and Sa d authorize t appropriate officials to execute same. (consent) Ordinances - Other governmental bid, authorize I Purchase Aareement and authorize aoorooriate ( naer ent) authorize the appropriate officials to execute same. (consent) Council 2008-10-15 7 Item # 7 Attachment number 1 Page 8 of 16 10.6. Accept a 2,592 square-foot perpetual Fire Hydrant and Utility Easement over, under and across a portion of Lot 11, Block C, COACHMAN HEIGHTS REPLAT, conveyed by Clearwater Hos italit Pro erties LLC given in consideration of receipt of 1.00 and the benefits to be derived therefrom. Lent) Townshi Ran e t to extend the term thereof from October 15, 2008 until Au us with all othe and conditions remaining unchanged and in full force effe thorize a ro riat Is to execute same. (consent) nization Inc. given in consi n of receipt of 1.00 and the benefits to be derived from. (consent) with sp orize the icials to execute same. (consent) be derived therefrom. "'I" 10.11. Approve the 200 ouncil Meeting Calendar. (consent Clearwater, Case: 07-6034-CI-15. (cdW) Councilmember Doran moved to approve t ent Agend itted aTj appropriate officials be authorized to execute sam e motion w econded an unanimously. 11 - Other items on City Manager Reports '04 Property b the City of Clearwater Florida between the City of Clearwater arwater Countrv Club Manaaement. Inc. (CCC) Dursuant to the Citv's acquisition cres owne The City of Clearwater and Clearwater Country Club Management, Ir1W000) currently have a Lease Agreement for CCC to operate the City's public golf course located at 525 Betty Council 2008-10-15 8 Item # 7 Attachment number 1 Page 9 of 16 Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parking and the clubhouse, which is surrounded by the City's golf course, which CCC operates on behalf of the City. At the June 08 City Council meeting, City Council approved a term sheet for the sale and purcha owned property. The basic components of the First Amendment are as follows: 1) ase the clubhouse parcel for an amount not to exceed of $2,125,000 111 e ments by CCC of $200,000, paid quarterly, will commence October his will C to retire current revolving line of credit and develop a twelve nding strateg to over all club expenses during the slower summer mo stablishment of an $50,000 CIP, administered by the City at its sole d' effective FY 09/10; 4) ity will procure turf maintenance supplies for use at the rse and be reimbursed for f-pocket expenses; 5) Require CCC at all times, subject sonable rules and regulatio mon to other similar facilities in the area, to make the ilities available to the public w not members of the Club upon payment of reasonable, plicable fees for such use. I n, Clearwater residents have the same right as members e food and beverage an m facilities in the same manner as members; 6) CCC to satisfy in full, cu of credit and obtain a release from Liberty Bank or have I inated by Ci entation these two agreements will bundle all assets of the cou nd provi ased savings to the overall operation. At , 2008 and a capital project was e currently working to bring a market with extensive golf] It was stated tM meeting for a proposed ne amo f Golf Opei g experience III, Business Lin ng strategy. Two individuals spoke in sup Discussion ensued. Concern the appraisers resulting in widely diffi CCC being able to successfully oper; It was stated that the organization is p'dr interested in a short sale. If the mortgage defaul limited to current OSR (open space recreation) z mitted a letter requesting a Councilmember Doran moved to approve First Amen Lease Contract for Purchase of Real Property by the City of Clea lorida, be Clearwater and Clearwater Country Club Management, Inc. ( C) pursuant acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the a execute same. The motion was duly seconded. Councilmembers Peters Cretekos voted "Aye" Councilmember Gibson and Mayor Hibbard voted ` 11.2. e staff direction to negotiate a contract $2,025,000 for the purchase. CCC is on board versed in the Tampa Bay golf r all or after January 1, 2009, and pass Ordinance 7998-08 on first reading. Council 2008-10-15 ut u ty of fna aj cials to Motion carri ed. 9 Item # 7 Attachment number 1 Page 10 of 16 Black & Veatch has completed a "Cost of Service and Rate Study" for the Clearwater Gas System (CGS). The study included a projection of CGS' financial position for the period 2008 - 2012, a cost of service analysis to evaluate the cost responsibility for each of the various classes of customer ed, and the development of recommended rate charges to recover the costs of providin om the respective classes of customers. O customer, rates here is no sig Imp sage and Inflatio ion Adjustment (WNA h a new more broadly d al Pasco County customer rgin revenues, but is intendec creases; 5) Increase labor rel charged by competitor as well as rates c ial and Indus mocq includ ies the following recommendations from the study: 1) Increase d commercial customers and decrease their non-fuel energy change in base rate revenues from any customer class; 2) tment (UTA) to replace the existing Weather place the existing Environmental Imposition Adjustment egulatory Imposition Adjustment (RIA); 4) Increase the rge. This increase will not provide CGS with additional up the direct supply and transportation related cost 0o rvice charges to reflect CGS' increase in costs as well as ease charges for propane service to reflect CGS' increase competitors; and 7) Implement minor changes to Other e and Ai nditioning service tariffs to be consistent with I and rcial tariffs. Also, some minor word editing is provide In response to that Clearwater System Managing Dir uck Warrington said r but shifting burden bet n class of customers and to be m average customer will see no change. Councilmember Gibson moved to ap bills and services rendered on or afte Councilmembers Petersen, Doran, Gi Cretekos voted "Nay." Motion carried. Ordinance 7998-08 was presented for-IM Councilmember Petersen moved to pass Ordinan duly seconded and upon roll call, the vote was: Council 2008-10-15 are being penalized, Gas ?y charges are not increasing w with competitors; the 10 Item # 7 The current gas rates a e charge Clearwater Gas System have been effective since April 1, 2005. Attachment number 1 Page 11 of 16 The City Premium Payment Plan was initially implemented in 1990 to provide for the ability of employees to have insurance benefit payroll deductions withheld on a pre-tax basis. A review of the plan by the City's external tax attorneys from the firm of Gray-Robinson has resulted in a recommended amendment and restatement in order to more accurately reflect the current status of th to facilitate administration of the plan, and to comply with recent required legislati regarding coverage for newborns. In addition, a separate Cafeteria Plan documen lished in order to more clearly codify the City's Flexible Spending Account pro at pted by the City Council under the Premium Payment Plan in 2002. T addition t impact associated with this request. &Wd ilmember CretekoI P document, establis and carried unanimous Ordinance 8018-08 was icilmember Gibson moved seconded and upon roll "Ayes": e. I to amend and restate the City of Clearwater Premium parate Cafeteria Plan document. The motion was duly ?ted for first reading and read by title only. Ordinance 8018-08 on first reading. The motion was vote was: n, Gibson, and Hibbard. The City 401(a) urchase Pension amended a number o ince its inception in 1 external tax attorneys fro the firm of Gray-Robinson adoption of a second restatement of 4the c restatements into one document and that will facilitate administration of thn ad recent changes in Final Treasury Re ns under t governing maximum contribution limiding sucl impact associated with this request. Councilmember Petersen moved to app-TM Clearwater Money Pension Purchase Plan docum carried unanimously. Ordinance 8017-08 was presented for first reading an Councilmember Doran moved to pass Ordinance 8017-08 04 seconded and upon roll call, the vote was: has been restated and k f the plan by the City's a recommendation for the endments and i y of the plan in a way en amended tact "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. arranaement for the contract Deriod of Januarv 1. 2009. to December 31. 2009. at a total cost Council 2008-10-15 11 Item # 7 Attachment number 1 Page 12 of 16 estimate of $17.4 million which includes estimated City ($11 million), employee ($4.9 million), and retiree ($1.5 million) premiums. The contract with the City's current medical insurance provider, Humana, expires on December 31, 2008 ed on the renewal proposal from Humana, the City's Benefits Committee reco idding the contract for the 2009 plan year. RFP (Request for Proposals) res ceived from three carriers: Cigna, Humana, and United. T to CIGN}, costs, ran of which wi est ucture con jWndents complete CIGN It in approximately a 16.6% overall increase in premium ces at the same premi no increase to the City's s to include only one of ear current plans. CIGNA will alr aranteed an additional 30% J Aed to employee contribution levels. The contract will a new "base" HMO plan that introduces deductibles and es as the current "standard" HMO plan and which will ution levels, along with modified HMO and POS plan with higher co-pays and out-of-pocket maximums than ribute $50,000 toward City wellness initiatives, and has in rates if 90% of the active members and their Health Risk Assessment. fiscal year ity has eted approximately $10.9 million for r Lapp ositions ity's share of medical insurance coverage (inclu ealth/s The City's estimated share of actual expenses ich cover current contract with Humana, nine months of this proposed contra GNA a ve months of mental health/substance abuse coverage with Unipsy -year contra approved beginning January 1, 2007) is $11.2 million. The differe een budgeted and um actual costs, estimated to be $300,000, will be taken erves in the Centr und. The above numbers assume that all positi filled at all times and t elect the tier of coverage (employee only, employ + 1, and employee + family) similar current year. City share of costs related to the CIGNA contract fo FY10, estim o be $2.75 million, will be budgeted as part of the fiscal year 201r c Staff also recommends a mod contributions to health care premiums Employee Only, 75% of the "Base" HM( HMO cost for Employee plus Family, to HMO and POS plans. Human Resources Manager Allen Del Two individuals spoke in support and requesting the $500,000 to offset employee premium increases. Consensus was to return the 3% rate reduction to employees if th health risk assessment survey is met. CIGNA representative Lynn Swift thanked the City for opportun process and looked forward to the new working relationship. Council 2008-10-15 pate in the bid 12 Item # 7 Attachment number 1 Page 13 of 16 Councilmember Doran moved to authorize a contract with CIGNA for health insurance under a fully insured funding arrangement for the contract period of January 1, 2009, to December 31, 2009, at a total cost estimate of $17.4 million which includes estimated City ($11 million), employee ($4.9 million), and retiree ($1.5 million) premiums. The motion was duly seconded and carriALanimously. rding precedence set if an incumbent is reappointed after two teere are other norl? Discussion ensued. FCouncilmember Cretekos to appoint Michael Boutzoukas. The motion was duly ded and carried unanimous .7. Resort on Neaotiations rem Public - Private Beach Parki SOUTH BEACH P9?GARAGE ALTERNATIVES STYLE)Adl1rO PURCHASE OPTION (REVISED) Fin mary: City approximately $9 million from r to make than estimated expenditures g a structur reasonable net profit. Fu reserves could project as well as an a 3 million from thei currently exceed $10 Includes the cost of n additional spaces are be g built at the same time, million after the restricted period (presen to be funded from reserves if City is co total funding from reserves of approxi $14 set aside in a project as well as an ad al $8 fro which currently exceed $10 million. dmately $3.9 million and fund That the project revenues would be greater aintenance reserve) and still generate a 0 om the $6 million set aside in a undesignated reserves, which expansion in that 200 rich can hased for an additional $5 .2 million). ditional cost would need ted to pur This would require a ich c me from the $LwmWi&n Advantages: 1) Eliminates proble ssing Coro get to pers who us omenades an he Britts ccess Disadvantages: 1) The City does not have complete control of th owners may not be receptive to the City's level of design features/amenities requeste bike racks, sand rinse off area, holding area for beach accoutrements, etc.); 2) 14% ramps ery steep (Ground level to level 2), exceeds City's proposed code revisions (not to exc 12%); 3) Down Ramp to exit - dangerous with 90-degree turn at base of 14% slope; 4) Would not own and the beach; 2) Provides for smooth entry into t decel lane ive as opposed to queuing in the continuous left turn lane onado Driv opposing northbound traffic; 3) Fits the vision of B as the Wing le alk garage would be able to immediately access Beach alk and u pedestrian r to get to th facilities already planned and implemented for the e There is a crosswalk in the Beach Walk development direct t of t to the beach; and 4) Provides for already constructed future f an a 00 nsion o spaces, which the City can purchase after 5 years. Council 2008-10-15 13 Item # 7 Attachment number 1 Page 14 of 16 would have to rely on owners for structural maintenance and repairs & unclear what those costs would be; 5) Elevators are not as visible on the lower levels due to the retail/restaurant use - could cause user confusion; 6) Not much space for Beach by Design treatments, landscaping or amenities; 7) The above bullets reflect the possibility that this garage may not provide the quality desireAL quare-foot per parking space efficiency ratio; and 9) The Hyatt public parking ingresay for 400 p ublic spaces is located immediately north of this site abutting the le elivery truck ingress/egress -possible impact to traffic flow. r/LUCC RTY (.98 ac.) cial Summary: City borrow approximately $3.9 million and fund a tely $9.2 million from r s to make sure that the project revenues would be han estimated expenditur cluding a structural maintenance reserve) and still rate a reasonable net profit. ng from reserves could come from the $6 million set de in a project as well as an a al $3.2 million from the Parking Fund undesignated serves, which currently exce million. The cost of reinforcement for expansion has not included in these amou vantages: 1 own th d & the structure; 2) City controls design and con es mor outh disbursement of parking as opposed to conce ) 15-foot oronado & 12-foot from Hamden will provide Beach by scaping an ent opportunities; 5) Design features/ amenities (i.e., bike racks, san area, h area for beach accoutrements, etc.) could be incorporated into d ounded by oronado, Hamden and Fifth Street provides more ingress and egress ) User friendly (i.e. arge ramps to navigate, elevator lobby area defined, etc rwells at NW & S onvenience; 9) Site has the second best square-f arking space efficienc Centralizes access for pedestrians at Fifth Stre and Coronado at a proposed signa n. This makes it possible to cross all the garage users at one poin he beach at is signal. Preferable to pedestrian access at the other site ea cluding le t for additional signal installation). Also this allows the sign op no traffic nd allow more the northbound stream for the left tur ain access A6, Disadvantages: 1) Located on t side of Co rive; 2) Ac is garaol would have to be made by southbound le g traffic fro lane of Coronado Drive onto Devon, Third Brightwate NEW opposin n ic; an 3) Future upward expansion of this garage to more 0 spaces se prob the garage would have to be closed during constru Assistant City Manager Rod Irwin reviewed proposals di Discussion ensued. Concerns were expressed regarMWconcentratin in one area of Clearwater Beach and purchasing the additional parking spaces for W. In response to questions, Surfstyle representative Alex Plisko sai of garage entrance ramp can be reduced to 12%, as proposed in upcoming ordina r. Plisko requested that flexibility be given to parking layout to meet new ordinance. g System Manager Tracey Bruch said proposed ordinance changes bay width of 70-d a angle parking Council 2008-10-15 14 Item # 7 Attachment number 1 Page 15 of 16 from 59 feet to 57 feet. Code states that parking columns have to be one foot away from parking stall. In response to a question regarding the City benefiting from construction bids coming in lower than estimate as stated the owners are not willing to share savings but are willing to protect the City fr es. The City Attorney stated outside counsel will be hired to assist in drafting the is is an unusual and complicated deal. (Hyatt to conc arding the impact of the garage on the adjacent Aqulea t, it was s ff will work to make the results work for both parties. uncilmember Gibson m e) representatives for con ;d 300 parking spaces an t with iStar for Lucca pro )s, Doran, and Gibson a Motion carried. ni stated Mi 12 - City Manager Verbal The City Manager about the Skycrest TraA 13 - Other Council 1 or to direct staff to continue negotiations with Britts rchase option for a parking garage, including the ase of additional 200 spaces and to negotiate a backup he motion was duly seconded. Councilmembers Hibbard voted "Aye;" Councilmember Petersen voted lable now for the City to purchase. Fl5d direction from ng under Citizens Councilmembers reported on upcoming events, cheered the Tamp success and encouraged all to attend Councilmember Cretekos en 4 Election. Councilmember Petersen congratulated receiving the Hispanic Outreach Center's Comr Mayor Hibbard recognized program for underprivi schools in St. Pete and Tampa, congratulated Kyle Polgl Fraternity. 14 - Adjourn The meeting adjourned at 8:58 p.m. Mayor Council 2008-10-15 addressing Mr. McGee's concerns The Mayor will call Mr. McGee. pated and reviewed > for post-segue 15 Item # 7 Attachment number 1 Page 16 of 16 Attest: Council 2008-10-15 City of Clearwater 16 Item # 7 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 SUBJECT / 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 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 and pass Ordinance 8016-08 on first reading. 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 18, 2008, and (2) The required update to the CIE regarding the reference 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. The following summarizes the corrections and modifications that are being made to the CIE (with Comprehensive Plan page numbers included): Capital Improvements Summary (page I-1): Deleted previous eight examples of CIP projects from FY1999/00 budget and updated with examples of five CIP projects for FY2008/09 through FY2013/14 (six-year CIP program as adopted by Ordinance 8006-08 on September 18, 2008). Policy 32.1.2 (page I-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 I-10), relative to the updated School District's Five-Year Work Program, is updated to "FY 2008/09 through FY2012/13", as approved by the School Board on "September 9, 2008". The Community Development Board reviewed proposed Ordinance 8016-08 on October 21, 2008 and recommended approval at first reading of the ordinance by the City Council on November 6, 2008. Second reading of the ordinance is scheduled for November 18, 2008 to meet the December 1, 2008 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 # 8 Attachment number 1 Page 1 of 3 CDB Meeting Date Case #: Ordinance Agenda Item: October 21, 2008 CPA2008-09003 8016-08 F-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN AMENDMENTS REQUEST: Clearwater 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 Florida Administrative Code section 9J-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 CPA2008-03{n l# 8 Attachment number 1 Page 2 of 3 • Capital Improvements Summary (page I-1): Deleted previous eight examples of CIP projects from FY1999/00 budget and updated with examples of five CIP projects for FY2008/09 through FY2013/14 (six-year CIP program as adopted by Ordinance No. 8006-08 on September 18, 2008). • Policy 32.1.2 (page I-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 I-10), relative to the updated School District's Five-Year Work Program, is updated to "FY 2008/09 through FY 2012/13", 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 objectives 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 FY2013/14 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 propertnquestions 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 CPA2008-MW l# 8 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 projects 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 FY2013/14 Capital Improvement Program Budget (adopted on September 18, 2008) and the Pinellas County School District's Five-Year Work Program FY2008/09 through 2012/13 (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 ATTACHMENT: Ordinance No. 8016-08 Page - 3 CPA2008-03{n l# 8 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.182"*C 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.182"*C Attachment number 3 Page 1 of 51 ORDINANCE 8016-08 EXHIBIT A AMENDMENT 1- CAPITAL IMPROVEMENTS ELEMENT SUMMARY Amend following Capital Improvements Summary of *the Plan on Page I-1 as follows: Capital Improvements Summary: The following are examples of current capital improvement projects 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: - Capital Tmpr-evements Elemen • 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 Cily proposes a total of $48.44 million of improvements within the Cites Stormwater Infrastructure Program over the six-year CIP period. The funding sources for this aroiect 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. ar-ehiteetur-a4ly unique bridge that will inelude pedest44a-n f4eilities and sef-,?e as a i4fiefl.-AS Trail spur- to ah-e-, beaaeh in 2001. P r Do ovum e- ent w ' w i i l l i'? „ ill teta4 $17 vJ d vJ n1 i i ?Y ° -AY + S ? x a = - I ri V G Ii pl T ril ? I iLG?i ye r) ts the Lon I J g J City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 2 of 51 • bibr-afyv4l! be eanstmeted in 2002 in downtown. • vi .44pr- i4qfAR44aUE)14 GO ter- And the- 1911 T-r-elle stati All , , y y • The, TA 4 n Pend doymt940 4 n 40 s teiRm fa Gility will pr-&vide an exp an d p A ste , :M water-faGili?, , 1 - - - 1 - - - - - , - - - - H _ _ l millien and is seheduled for- e anstme4ion in 2002. m • S r- t at ill t t l r- $30 milli n th a t o f nd ill ewe sys e e s w a a eve e e e?E s E yea s a w • W t r- t i at t t l r- $30 milli nd 4l! in l d n th a t i r a e sys e s a . e a eve s a v e u e e e &E s ?E yea f th r- l ifn d t r- t m im r- m at f th t r- l nd ) e ee a e w a e sys e , p eve e o e wa e supp y a • AMENDMENT 2 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES Amend following Policy 32.1.2 of •Objective 32.1 of *Goal 32 on page I-2 as follows: 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 Amend following Policy 32.7 of Objective 32.7 of Goal 32 on page I-10 as follows: The City hereby adopts by reference the School District's Five-Year Work Program for FY 2008/09 through 2012/13 FY 2007108t>„-,,ug 2011112, as adopted by the School Board on September 9, 2008 n, 2007. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 3 of 51 CAPITAL IMPROVEMENTS ELEMENT SCHEDULE I-A CAPITAL IMPROVEMENT PROGRAM FY2008/09 POLICE PROTECTION This section includes all maior computer technology and equipment needs for the Police Department. These items would typically be funded with General Fund dollars. Proiects in this section support the "Clearwater Provides the Infrastructure to Suaaort all its Attributes" element of the City Council's Vision and the following related priorities: ? Well Maintained Infrastructure ? Efficient Responsive City Services ? Communication Police Computer Network UP 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 91 147 Police Computer Network This proiect was oriainallv established in the FY 1993/94 Capital Improvement Budaet and provided for the Police Department's computer plan and network operations. The focus of the project includes upgrading the in-house computer systems' desktop computers, file servers, printers, and network hardware as new technology becomes available. Maintaining the Police computer in-house network as "state of the art" is of utmost importance, and the ever-changing nature of computer technology makes it impossible to be specific regarding future purchases or needs. ANNUAL OPERATING BUDGET IMPACT Project FTE's 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Police Computer Network (2) 0.0 88,700 177,400 266,100 266,100 266,100 266,100 Total Police 0.0 88,700 177,400 266,100 266,100 266,100 266,100 121 Operating costs are for debt service to be funded by the General Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 4 of 51 FIRE PROTECTION This section includes all maior equipment 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 Pinellas revenue can also fund a Fire Department vehicle as well as an emergency medical service vehicle. Any facility renovations and or new construction would typically be funded with Penny for Pinellas revenue. Proiecfs in this section support 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 Proiecfs in this section also support the "Clearwater Provides the Infrastructure to Suooort all its Attributes" element of the Cify Council's Vision and the following related priorities: ? Well Maintained Infrastructure ? Efficient Responsive Cify Services ? Communication Proiecfs in this section also supporf the "Clearwater includes Special Places that Belonq to Everyone in the Community" element of the Cify Council's Vision and the following related priorities: ? A Qualify Beach Environment 91218 Fire Engine Replacement UP Gen Fd 91221 EMS Capifal Equipment General Fd UP Gen Fd 91229 Replace & Upgrade Air Packs UP Gen Fd 125,000 91236 Rescue 91247 Traffic Preemption Confrol UP Gen Fd 140,000 UP Gen Fd 91257 Aufo Exfernal Defibrillator Prog General Fd 450,000 450,000 450,000 450,000 450,000 450,000 15,000 15,000 15,000 15,000 15,000 75,000 145,000 140,000 160,000 75,000 75,000 285,000 750,000 875,000 continued on next page City of Clearwater, FL Ordinance 8016-08 Exhibit A 170,000 470,000 150,000 50,000 50,000 Item # 8 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 Breathing ADD General Fd 125,000 125,000 Upgrades-Fill Station 91263 Extrication Tools General Fd 56,000 56,000 91264 Fire Hose Replacement General Fd 25,000 25,000 25,000 25,000 25,000 25,000 150,000 912xx Rescue Squad Replacement UP 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 Droiect provides for the replacement and eauiDDina of one (1) Pumper each vear 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 date 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 Capital Equipment This Droiecf provides for the procurement of capital eauipmenf for the EMS svsfem per County EMS agreement. The project will fund the replacement of Lifepak 12 cardiac monitor/defibrillators, which have a useful life expectancy of seven years. Additional equipment includes electronic support equipment, radios, stretchers, splints, oxygen regulators, etc. 91229 Replace & Upgrade Air Packs The fundina provides for the replacement of breathina apparatus needed for worn or damaaed front line units. This project provides the purchase of self-contained breathing apparatus (SCBA) upgrade kits that have been approved through National Institute for Occupational Safety & Health (NIOSH) and the CDC (US Centers for Disease Control & Prevention) and includes an Accountability Monitoring System that provides for tracking firefighters in hazardous environments. The new NFPA (National 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 a 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 # 8 Attachment number 3 Page 6 of 51 FIRE PROTECTION (continued) 91236 Rescue This proiect provides for the scheduled replacement of Fire/EMS first response vehicles. Funding will allow for the replacement of one (1) transport capable rescue vehicle every other year. Funding 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 proiect provides funding for the regular periodic installation additions to an automated traffic control system that will allow public safety vehicles to more safely respond through intersections using in-vehicle control of traffic signals, with resulting decreases in response times to emergency scenes. This important proiect will provide for the safety of our response personnel as well as the citizens. Total funding of this proiect will allow faster response times which helps ensure the department maintains its level of service to the community. Funding 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 Programs 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 proiect will fund the replacement of Lifepak 500 AED's, which have a useful life expectancy of seven years. Funding 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) Proiect 25 communication standards. This will require that all portable and mobile radio equipment be digital by the year 2010. This project will provide funding for the upgrade, as well as additional portable and mobile radio equipment that will replace existing units and upgrade equipment to make all Clearwater Fire & Rescue communication equipment compliant with the new standard. Funding 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 proiect provides funding for the complete outfitting of all personnel with the new Personal Protective Equipment (PPE) that the Fire Department has started purchasing in the last year. This project also provides for the National Fire Protection Association (NFPA) 1852 compliance and generates a revolving replacement schedule for the replacement of PPE that has reached its 5-year life expectancy. This PPE provides a high degree of protection for our firefighters along with providing many safety features that could assist members in case of an emergency at an incident. The excellent identification that is incorporated in this PPE also assists Incident Commanders with accountability and safety. Funding for replacement is partially reimbursed by the County since the equipment also serves the unincorporated area of the Clearwater Fire District. 91262 Self Contained Breathing Apparatus Upgrades - Fill Station This proiect provides funding for one self-contained breathing apparatus (SCBA) system FY 2012/13. This system will consist of a breathing air compressor; six (6) breathing air storage cylinders and a facility type fill station. The system will allow for refilling of Fire Department SCBA units located on our emergency response apparatus. Funding 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 funding for the upgrade and additional vehicle extrication equipment package that will replace existing units and upgrade equipment to current National Fire Protection Agency (NFPA) recommendations. Funding will be partially reimbursed by the County, as the equipment will help serve anv unincorporated residents of the Clearwater Fire District. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 7 of 51 FIRE PROTECTION (continued) 91264 Fire Hose Replacement This proiect provides fundinq to purchase replacement fire hoses. Funding will be partially reimbursed by the County, as the equipment will help serve any unincorporated residents of the Clearwater Fire District. 912xx Rescue Squad Replacemenf This proiecf will provide funding for the purchase and equipping of a replacement heavy rescue unit for the existing 1997 squad unit in FY 2012/13, which will have exceeded if's useful life. The Deparfinenf has one squad unit and one spare vehicle. The squad is the deparfinenf's only heavy rescue unit and is responsible for all structure fires, vehicle exfricafions and technical rescue incidents. The squad carries a variety of specialized equipment and the specialized training the personnel have are essential in assisting mitigation of complicated emergency responses. Funding will be partially reimbursed by the County, as the equipment will help serve any unincorporated residents of the Clearwater Fire District. Project FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Fire Engine Replacement i2 99,520 199,040 298,560 398,080 497,600 EMS Capital Equipment (2) 000 32,070 63,030 63,030 63,030 Replace & Upgrade Airpacks (2) 000 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 (2) 0.0 16,590 33,180 33,180 33,180 33,180 Rescue Squad Replacement (2) 0.0 187,990 187,990 Total Fire Protection 58,600 174,710 358,280 488,760 813,870 1,020,660 M Operating costs are for Debt Service to be funded by the General Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 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 proiects were funded with Local Option Gas Tax, Development Impact Fees and Road Millage. Today, these projects are traditionally funded with Penny for Pinellas Proiecfs in this section support the "Clearwater Provides the Infrastructure to Suaaort all its Attributes" element of the Cify Council's Vision and the following related priorities: ? Well Maintained Infrastructure ? Efficient Transporfafion Sysfems Project Funding 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Total 92146 Druid Road Improvemenfs Penny 1,250,000 1,250,000 Total New Street Construction 1,250,000 1,250,000 92146 Druid Road Improvemenfs This proiecf provides for improvements at various intersections alona Druid Road. Fundina in FY 2008/09 will complefe the Druid Road Trail section from Glen Oaks Park fo the Memorial Causeway Bridge. Improvemenfs include landscaping, sidewalks and bike pafhs. Comprehensive Plan Obiecfive: (2.5) The City shall encourage improved land use of transit oriented development planning. (2.5.1) The city shall support the Pinellas Trail and examine opportunities for Trail extensions or spurs to connect to regional attractions and employers. (6.1) Roadway improvements to obtain desired Levels of Service must be included in City proiects. (6.3) To meet desired level of service standards as set forth in policy 5.5.1. ANNUAL OPERATING BUDGET IMPACT Project FTE's 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Druid Road Improvements ill 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 Ill Operating costs are for maintenance, which will be outsourced and funded by the General Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 9 of 51 MAJOR STREET MAINTENANCE This section includes all maior street maintenance projects for the City. Projects in this section are normally funded with Local Option Gas Tax and/or Road Millage. As defined by Florida Statutes, Local Option Gas Tax proceeds can be used for roadway and right-of-way maintenance, as well as bridge maintenance and operations. Road Millage revenues are established each year by Council policy and must be used to maintain the City's sidewalks and streets with the goal of maintaining a 10 to 15 year resurfacing cycle. Proiects 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 Neighborhoods 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 priority: ? Well Maintained Infrastructure Project Funding 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total 92259 Traffic Calming Prog Gas Tax 800,000 800,000 800,000 200,000 200,000 200,000 3,000,000 92273 Streets & Sidewalks Road Millage 2,682,150 2,600,340 2,547,430 2,547,430 2,547,430 2,547,430 15,472,210 92274 Bridge Maint & Gas Tax 600,000 800,000 650,000 1,250,000 1,300,000 1,300,000 5,900,000 Improvements Major 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 Program Proiect to promote traffic calming within Clearwater neighborhoods and establishment of a methodology for implementation. City staff to implement in succeeding years through capital programming. Specific Proiects in FY 2008/09 vvill include Wood Valley & Morningside. 92273 Streets & Sidewalks (replaces the Streets, Sidewalks & Bridqes proiect This proiect provides continuous maintenance for deterioration prevention of City streets and sidewalks by allowing approximately 20 to 30 miles of streets to be maintained yearly. This yearly street maintenance includes asphalt pavement milling, pavement resurfacing and pavement remarking. The project 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 budgets. 92274 Bridge Maintenance & Improvements This proiect provides for a continuous, annual maintenance proqram to keep the City's bridqes inspected and in good repair as well as providing for the complete replacement of bridges as necessary. Comprehensive Plan Obiective. (6.1) Roadway improvements to obtain desired Levels of Service must be included in City capital budgets. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 10 of 51 INTERSECTIONS This section includes improvements to intersections as well as new signal installation and signal renovation. These proiects are funded with Transportation Impact Fees, Road Millage and Local Option Gas Tax. The Road Millage fundinq in the Signal Renovation project is used in conjunction with major intersection improvements and road widening proiects. 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 right-of-way mninfAnnnr- Proiects in this section support the "Clearwater is a Wonderful Place to Live" element of the City Council's Vision and the following related priority: ? Safe Comfortable Walkable Neiahborhoods 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 following related priority: ? Well Maintained Infrastructure Proiects in this section also support the "Clearwater Includes Special Places that Belonq 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 Improvements Trans Imp 50 ,000 50, 000 50,000 50,000 50, 000 50 ,000 300,000 92552 Signal Renovation Gas Tax 45 ,000 45, 000 45,000 45,000 45, 000 45 ,000 270,000 92553 New Signal Installations Trans Imp 40 ,000 40, 000 40,000 40,000 40, 000 40 ,000 240,000 92558 Intersection Trans Imp 200 ,000 200, 000 200,000 200,000 200, 000 200 ,000 1,200,000 Improvements Gas Tax 55 ,000 55, 000 55,000 55,000 55, 000 55 ,000 330,000 Rd Millage 45 ,000 45, 000 45,000 45,000 45, 000 45 ,000 270,000 Total Intersections 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000 92551 Cify-Wide Intersection Improvements The r)roiect provides intersection improvements of a minor nature to facilitate traffic flow, such as radii, righf furninq lanes, and minor channelizafion, which often accompany the new signalization of an intersection. Comprehensive Plan Obiecfive: (6.1) Roadway improvements to obtain desired Levels of Service must be included in City capital budgets. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 11 of 51 INTERSECTIONS (continued) 92552 Siqnal Renovation Renovation of substandard signalized intersections is required to meet the standards set by the national and State of Florida mandates to increase safety and reduce liability, This project also provides money to support the costs of relocating traffic signal equipment due to road widening projects or intersection improvement proiects where the cost of such relocation cannot be included in the cost of that proiecf. Comprehensive Plan Obiecfive: The FDOT has established minimum operating standards for urban minor arterials and minimum standards for State principal arterials. Clearwater intends that these standards be recognized as the minimum acceptable standards for State arterial roads, and should serve as a guideline for reviewing development applicafions. (6.1) Roadway improvements fo obtain desired Levels of Service must be included in Cify capifal budgets. 92553 New Signal Insfallafions The proiecf provides for new traffic signals installed at previously unsignalized intersections that meet traffic signal warrants. Comprehensive Plan Obiecfive: The FDOT has established minimum operating standards for urban minor arterials and minimum standards for State principal arterials. Clearwater intends that these standards be recognized as the minimum acceptable standards for State arterial roads, and should serve as a guideline for reviewing development applicafions. (6.1) Roadway improvements fo obtain desired levels of service must be included in Cify capifal budgefs. 92558 Intersection Improvements These are intersection improvements of a relatively maior nature fo facilitate traffic flow by increasina the capacify of the intersection. Specific projects in FY 2008/09 will include intersections at Court & Chestnut with various cross streets as deemed necessary following the new bridge opening. Comprehensive Plan Obiecfive: (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 # 8 Attachment number 3 Page 12 of 51 PARKING The Parking section includes proiecfs for the maintenance of the City owned parking garages, as well as City owned parking lots. These proiecfs are usually funded with Parking Fund revenue. Also included in this section would be any new Parking Garages. These types of proiecfs would traditionally be funded with Parking Fund revenues and/or a Parkina Bond Issue. Proiects 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 92630 Parking Lot Resurfacing 92632 Parking Garage Maintenance and Repair 92636 Parking Lot Improvements Funding 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total Parking Fd 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Parking Fd 75,000 75,000 75,000 75,000 75,000 75,000 450,000 Parking Fd 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Total Parldng 225,000 225,000 225,000 225,000 225,000 225,000 1,350,000 92630 Parking Lot Resurfacing The proiect provides for the resurfacing of various City Parking System lots as determined necessary by Engineering. 92632 Parking Garage Maintenance & Repair The Garden Avenue and Municipal Services Complex parking garages both require maintenance and repair. By performing this scheduled maintenance, long-term serviceability and safety issues will be addressed. 92636 Parking Lot Improvements The proiect provides for interior improvements, both functional and aesthetic, to all parkinq system facilities. Parking facility locations will begin with the beach lots and expand to include all parking system facilities and on-street parking. Improvements include items such as brick pavers, parking meters, parking revenue control equipment and sign upgrades. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 13 of 51 MISCELLANEOUS ENGINEERING This section includes miscellaneous engineering type of projects that are related to the Engineering function. The smaller proiects are typically either funded with General Fund revenue or Lease Purchase dollars if the proiect is equipment or vehicles. Proiects in this section could also include major construction projects that don't easily fit in another category, i.e., the replacement of the Memorial Causeway Bridge, when active, was included in this section. The larger construction projects have been funded with Penny for Pinellas proceeds. Proiects 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 92822 Miscellaneous Enqineerinq 92838 Variable Message Boards General Fd 35,000 35,000 35,000 35,000 35,000 35,000 210,000 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 Engineerinq Establishes a proiect to provide funding for miscellaneous contractual services related to new road construction, public transit facilities, storm drainage, rights-of way, sidewalks, drainage structures, signal installation, or landscaping including unplanned requests by other departments. 92838 Variable Message Boards This proiect provides funding for the replacement of four (4) variable message boards that are utilized by Traffic Operations for the control of traffic during special events and road detours. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 14 of 51 PARKS DEVELOPMENT The Parks Development section includes the largest amount of qualify of life projects in the Capital Improvement Program. Proiects in this section include all the proiects that support the Parks & Recreation function, excluding land acquisition. Many of these proiects are maintenance projects that provide the necessary funding to maintain our parks, and our park facilities, in good 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 existing Parks & Recreation facilities have been funded with Penny for Pinellas proceeds, grants, donations and impact fees such as recreation facility, recreation land and open space. Also, included in this section is a project for the maintenance of the Harborview Center. This project is funded with Harborview Fund revenue. Proiecfs in this section support 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 Neiahborhoods Proiecfs in this section also support the "Clearwater is a Wonderful Place to Play" element of the City Council's Vision and the following related priority: ? A Variefv 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 following related priorities: ? Well Maintained Infrastructure ? Efficient Responsive City Services Proiects in this section also support the "Clearwater Includes Special Places that Belonq 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 93204 Concrete Sidewalk & Pad General Fd 55,000 55,000 55,000 60,000 60,000 60,000 345,000 Repairs & Replacement 93205 Bright House Networks Field General Fd 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Infrastructure Repairs/ Impr 93213 Park Amenity Purchase, General Fd 75,000 75,000 75,000 80,000 80,000 80,000 465,000 Repair & Replacement 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 # 8 Attachment number 3 Page 15 of 51 PARKS DEVELOPMENT (continued) Playground & Fitness Equip General Fd 150,000 150,000 150,000 175,000 175,000 175,000 975,000 Purchase & Replacement 93247 Fitness Equip Replacement 93262 Fencing Replacement Prog 93271 Swimmina Pool R&R 93272 93277 Harborview Infrastructure Repairs & Improvements 93278 Lona Center Infrastructure Repairs 93286 Parking Lot/ Bicycle Path Resurfacina & Imorvmnts 93602 Special Events Equip Repairs & Reolcmt 93604 Boardwalks & Docks Repair & Replacmt General Fd 25,000 25,000 25,000 30,000 30,000 30,000 165,000 General Fd 125,000 125,000 125,000 130,000 130,000 130,000 765,000 General Fd 60,000 80,000 80,000 80,000 100,000 100,000 500,000 Penny 360,000 FRDAP Grant 200,000 State Grant 160,000 360,000 2130,000 160,000 Harborview 100,000 100,000 100,000 100,000 100,000 100,000 600,000 General Fd 50,000 60,000 60,000 60,000 60,000 70,000 360,000 General Fd 50,000 50,000 50,000 60,000 60,000 60,000 330,000 Sp Event Rev 30,000 30,000 30,000 30,000 30,000 30,000 180,000 General Fund 75,000 75,000 75,000 100,000 100,000 100,000 525,000 continued on next page City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 16 of 51 PARKS DEVELOPMENT (continued) 93611 Multi Terrain Loader LP-Gen Fd 58,000 58,000 93612 McMullen Tennis Complex Gen Fd Ret Erng 200,000 200,000 (new soft courts) FRDAP Grant 200,000 200,000 936xx Long Center Miracle Pinellas Cty 250,000 250,000 Field Long Ctr Found 50,000 50,000 Clwr for Youth 10,000 10,000 FRDAP Grant 200,000 200,000 936xx Joe DiMaggio Sports Pinellas Cty 2,000,000 2,000,000 Complex Renovations Outside Agency 500,000 500,000 Donations Total Parks 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, entryway improvements, etc. This project 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 proiecf 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 Project 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 major 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 # 8 Attachment number 3 Page 17 of 51 PARKS DEVELOPMENT (continued) 93213 Park Amenity Purchase, Repair and Replacement This r)roiect provides for the purchase, repair and replacement of such items as park identification siqns, rules signs, park benches, trash receptacles, wafer fountains, grills, basketball goals, soccer and football goals, bleacher systems, and the like, at various Parks & Recreation facilities and sites. Comprehensive Plan Obiecfive: (24.1) Improve the public's access to parks and recreation sites. 93229 Tennis and Basketball Court Resurfaci This proiecf provides for the scheduled resurfacing of tennis and basketball courts to prevent deterioration. Tennis courts tentatively scheduled to be resurfaced in FY 2008/09 include Bay Park Coachman Ridge and Forest Run Parks. Comprehensive Plan Obiecfive: (24.1) Improve the public's access to parks and recreation sites. 93230 Playground and Fitness Equipment Purchase and Replacement This proiecf provides replacement of playground equipment and the purchase of new equipment at the City's 32 playgrounds. Included in this project is the appropriate safety resilient surfacing. Playgrounds tentatively scheduled to be replaced in FY 2008/09 include Cherry Harris Park and Morningside Playground. This proiecf also includes phased replacement of fitness court equipment. Equipment tentatively scheduled for replacement includes Norton Recreation Center. As equipment is added and/or replaced, if is evaluated to assure if meets ADA requirements. Comprehensive Plan Obiecfive: (24.1) Improve the public's access to parks and recreation sites. 93247 Fitness Equipment Replacement This r)roiect provides for the phased replacement of old, worn out and over used fitness equipment at the City's five (5) fitness centers. Proiecfs 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 Obiecfive: (28.1.5.2) A repair, remodeling, renovation or replacement of obsolete or worn out facilities that contribute to achievina or mainfainina standards of levels of service. 93262 Fencing Replacement Program This r)roiect includes phased replacement of old, worn out and rusted fencinq at the various recreation sites. The largest amount of fencing to be replaced on an annual basis exists at the fifty (50) ball fields, which includes backstops and dugout fencing. Fencing 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 long-term maintenance such as marcitinq and repair of putters, the and decking. FY 2007/08 and 2008/09 funding are needed to provide marcitinq and deck replacement at Morningside pool. Comprehensive Plan Obiective: (28.1.5.2) A repair, remodeling, renovation or replacement of obsolete or worn out facilities that contribute to achievina or mainfainina standards for levels of service. 93272 Recreation Trails This proiect provides for the construction of recreation trails throughout the city for walking, jogging, inline skating and bicycling. May include but not limited to projects such as Memorial Causeway, Turner Street, and Ream Wilson Clearwater Trail. Penny funding for FY 2008/09 is needed to provide partial funding for a portion of the Landmark Drive Trail and improvements at Lake Chautauqua Nature Preserve. Comprehensive Plan Obiecfive: (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 existing demand. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 18 of 51 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 program of capital improvement repairs and replacements will need to occur each year (i.e. replacement of carpeting, air conditioner replacements, equipment replacement, painting, repair roof leaks, etc.). Projects for FY 2008/09 may include roof and air conditions repairs, as well as replacement of carpeting and other flooring material. 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. 93278 Long Center Infrastructure Repairs This project will provide for the replacement and repairs of various capital items at the Long Center. This capital proiect replaces the annual sinking fund included in the past Long Center agreement with the City. Some of the infrastructure items that will need to be repaired or replaced include furnishings, equipment, pool, parking lot, driveway, ballfield, etc. 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. 93286 Parking Lot/Bicycle Path Resurfacing/Improvements This proiect includes regularly resurfacing of parking lots and bicycle paths to prevent deterioration and may include minor improvements to those parking lots and bicycle paths being resurfaced. Comprehensive Plan Objective: Improve the public's access to parks and recreation sites. 93602 Special Events Equipment Repairs & Replacement This is a maintenance proiecf for the special events division of the Parks and Recreation Department similar to other ongoing maintenance proiecfs. This project provides for the purchase, repair and replacement of such items as sound equipment, chairs, fables, tents, etc. used by the Special Events Division for special events, grand openings, dedications, celebrations, etc. The equipment used by this Division wears out from heavy use and a program is needed to replace this equipment Comprehensive Plan Obiective: (28.1.5.2) A repair, remodeling, renovation or replacement of obsolete or worn out facilities that contribute to achievina or maintainina standards for levels of service. 93604 Boardwalks & Docks Repair & Replacement This proiecf provides funding for the repair and/or replacement of boardwalks, docks and viewing platforms in various parks and beach access points. There are over 49,000 square feet of wooden boardwalks, docks and viewing platforms throughout the City, including such parks as Moccasin Lake, Crest Lake and Ed Wright and areas such as Turner Street Dock, Magnolia Street Dock and wooden access boardwalks to Sand Key and Clearwater Beach. The maiority 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 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. 93610 Bulldozer This proiect provides fundina for the purchase of a D6N-CAT Bulldozer. This eauipment will primarily be used to maintain the sand on Clearwater Beach. This equipment will allow staff to re-grade 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 # 8 Attachment number 3 Page 19 of 51 PARKS DEVELOPMENT (continued) 93611 Multi Terrain Loader This proiect provides funding 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 grading of various park properties, athletic facilities and parking areas. This smaller piece of equipment will allow sand to be removed from behind the sand walls and in the tight spaces along the beach by design proiect and will allow for the larger equipment on the beach to grade and keep sand at baseline elevation. thus limitina future sand build up. 93612 McMullen Tennis Complex (new soft courts) This proiect provides fundinq for the construction of four new lighted 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 operating 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 existing demand. (28.1.5.3) New or expanded facilities that reduce or eliminate deficiencies in levels of service for existing demand. 936xx Long Center Miracle Field This proiect will provide for the construction of a miracle field with amenities at the Lonq Center, which can be used by children and adults with physical and mental challenges. 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 parking spaces, lighting, dugouts, bleachers, wafer fountains, landscaping and other misc. park improvements. The City plans to partner with Pinellas County, the Long 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 existing demand. 936xx Joe DiMaggio Sports Complex Renovations This proiect provides for the renovation and improvements of the Joe DiMaggio Sports Complex by constructing seven (7) new soccer fields and one (1) major league baseball field. In addition, there will be restrooms, concession building, press box, improved parking to accommodate the need for overflow parking for Bright House Networks Field and other park amenities. The City is hoping to partner with the County, State and Federal Government, as well as, local co-sponsor groups to fund this project, which would also include any additional operating expenses associated with construction. Phase I of the project in FY 2009/10 includes the construction of four (4) new fields, lighting for the existing field to the south and installation of a new resfroom/concession buildina. Comprehensive Plan Obiecfive: (28.1.5.2) A repair, remodeling, renovation or replacement of obsolete or worn out facilities that contribute to achievina or mainfainina standards of levels of service. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 20 of 51 PARKS DEVELOPMENT (continued Project 93610 Bulldozer (2),(6) 93611 Multi Terrain Loader )2), 161 Total Parks Development FTE's 2008 09 2009 10 2010 11 ?9111A-2 ?912-L'-3- ?913L'-4- 0.0 45,340 45,340 45,340 45,340 45,340 0.0 12,83 0 12,830 12,83 0 12,830 12,83 0 0.0 58,170 58,170 58,170 58,170 58,170 0 (2) Operating costs are for debt service to be funded by the General Fund. 16) Operating costs are for Fleet Maintenance. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 21 of 51 MARINE FACILITIES The Marine Facilities section includes Proiects that support the Marine operations. Most of the Proiects in this section are maintenance projects, which are funded on an annual basis to keep the related infrastructure in good condition. Project funding 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 Sailing Center operations are funded by the General Fund. Any construction or maior renovation of facilities are typically funded the same way or with Penny for Pinellas proceeds or Special Development Fund revenue. Proiects in this section support the "Clearwater is a Wonderful Place to Learn" element of the City Council's Vision. Proiects in this section also support the "Clearwater is a Wonderful Place to Play" element of the City Council's Vision and the following related priority: ? A Variety of Cultural and Recreational Offerings 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 following related priorities: ? Well Maintained Infrastructure ? Efficient Transportation Systems Proiects in this section also support the "Clearwater includes Special Places that Belonq to Everyone in the Community" of the City Council's Vision and the following related priorities: ? A Quality Beach Environment ? A Vibrant Downtown that's Mindful of its Heritage General Fd 10,000 10,000 5,000 5,000 5,000 5,000 40,000 Marine 140,000 200,000 200,000 200,000 200,000 200,000 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 100,000 100,000 100,000 100,000 100,000 100,000 600,000 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 # 8 Attachment number 3 Page 22 of 51 MARINE FACILITIES (continued) 93403 Beach Guard Facility Maintenance This project provides funding for the replacement, as well as, the continuous maintenance of the Beach Guard towers and structures. Continuing in 2008/09, two (2) towers will be replaced. 93409 Marina Renovations This proiect provides funding for the possible future development of a new Marina building and slip renovations at the current Clearwater Municipal Marina building site. More specific details will be available in the future as the proiect is defined. 93413 Utilities Service Repaacemenf The proiecf provides for continuous repair and/or replacement of deteriorated electrical wiring, and wafer service at the City's Municipal Marina and Island Estates Marina fo continue fo maintain the City-owned marinas in usable conditions. 93429 Dock R&R The proiect provides for continuous repair and/or replacement of deteriorated docks at municipal docking facilities and island Estates Marina, utilizing the Marine Services section and equipment to continue to maintain the City-owned marinas in usable conditions. 93490 Fuel System R&R The proiect provides for continuous repair and/or replacement of deteriorated fuel lines, dispenser and underground pollutant storage tanks at the municipal marina, utilizing contractors to continue to maintain City-owned marina fuel system in usable conditions. 93496 Marine Facility Dredging and Maintenance This proiect is a combination of the former "Waterway Maintenance" and "Seminole Ramp Dredging" proiects. This proiect will provide funding for any facility that the Marine and Aviation Department is responsible for that requires maintenance and/or dredging. This includes such things as replacement of City-owned aids for navigation and informational signs; removal of derelict vessels, etc.; procurement of piling and sign material to fabricate signage and buoys utilizing Marine Services staff; procurement of equipment to continue to maintain waterways in a usable condition; repairs/replacement of floating docks, ramps and pilings. This project will also fund dredging 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 program to keep the City's several thousand feet of seawalls at street ends and docks, other than at Marina facilities, in good repair. 93499 Pier 60/Sailing Center Maintenance This proiect provides funding for the continuous repair and/or replacement of electrical services, wafer service, fire protection equipment and structural components of the Pier and Sailing Center. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 23 of 51 AIRPARK FACILITIES The Airpark Facilities section includes proiects that support the Airpark operations. These project range from maintenance proiects to the maior renovation of facilities. These proiects are typically funded with Marine & Aviation Fund revenue or grant revenue from the Florida Department of Transportation. Proiects in this section support the "Clearwater is a Wonderful Place to Learn" element of the Citv Council's Vision. Proiects in this section also support the "Clearwater is a Wonderful Place to Play" element of the City Council's Vision and the following related priority: ? A Varietv 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 following 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 funding for maintenance and repairs at the Clearwater Airpark. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 24 of 51 LIBRARIES The Libraries section includes projects that support the Library operation. The purchase of library materials as well as computer software projects, are typically funded with Library Cooperative funding or General Fund revenue. Equipment purchases would be lease purchased and major construction or renovation of facilities has been funded with Penny for Pinellas, grants and donations. Proiects in this section support the "Clearwater is a Wonderful Place to Play" element of the City Council's Vision and the following related priority: ? A Variety of Cultural and Recreation Offerings Project Funding 2008/09 2009/1 0 2010/11 2011/12 2012/1 3 2013/1 4 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 proiect 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 Pinellas Public Library Cooperative provides annual funding, some of which will be used in to purchase library materials to serve County residents using City libraries. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 25 of 51 GARAGE The Garage section includes proiects for the replacement of motorized equipment as well as replacement equipment for the radio system. These proiecfs are funded either with Garage Fund revenue or through a Lease Purchase contract paid by the Garage Fund. Proiecfs in this section supporf the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the Cify Council's Vision and the following related priorities: ? Well Maintained Infrastructure ? Communication 94232 Radio User Equipment Replacement Program UP-Garage Fd 50,000 50,000 100,000 94233 Motorized Equipment Replacement-Cash 94234 Motorized Equipment Replacement-UP Garage Fund 65,920 67,900 69,940 72,040 74,200 76,430 426,430 UP-Garage Fd 2,699,900 2,780,900 2,864,330 2,950,260 3,038,770 3,129,930 17,464,090 Total Garage 2,815,820 2,898,800 2,934,270 3,022,300 3,112,970 3,206,360 17,990,520 94232 Radio User Equipmenf Replacemenf Program This on-going Lease Purchase proiecf will fund a program fo phase-in the replacement of the old porfable radios, mobile radios, control stations, accessories, radio tower equipment, infrastructure equipment, and opfions (such as radio chargers, spare batteries, belt clips, etc.). 94233 Motorized Equipmenf Replacemenf-Cash This proiecf is for the replacement of motorized vehicles and equipment fo cost less than $25,000 _?er vendor per transaction. The equipment is for all City Departments, responsible for all City business. Future years are based on a proiected increase of approximately 3% per annum. 94234 Motorized Equipment Replacement-Lease/Purchase This proiect 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 # 8 Attachment number 3 Page 26 of 51 GARAGE (continued) FTE's 2008/09 2009/10 2010/11 2011/12 2012/1 3 2013/14 0.0 11,060 22,120 22,120 22,120 22,120 1 1,060 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 ie funded by the Garage Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 27 of 51 MAINTENANCE OF BUILDINGS Proiects in this section provide funding for the maior 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. Proiects 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 2009/1 0 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 Garage 15,000 15,000 15,000 15,000 15,000 15,000 90,000 Utility 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 Painting 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 Garage 30,000 30,000 94519 Flooring for Facilities General Fd 25,000 25,000 25,000 25,000 25,000 25,000 150,000 Utility R&R 25,000 10,130 35,130 Stormwater 3,300 7,800 11,100 94524 Long Center Maw Penny 700,000 700,000 Infrastructure Imprvmts Gen Fd Ret Erna 2,100,000 2,100,000 93269 Light Replacement & General Fd 75,000 75,000 75,000 80,000 80,000 80,000 465,000 Repair Total Maintenance of Buildings 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 # 8 Attachment number 3 Page 28 of 51 MAINTENANCE OF BUILDINGS (continued) 93269 Light Replacement and Repair This proiect includes the phased re-lampinq, replacement and repair of lighting systems including light fixtures, poles, service panels and wiring at various Parks and Recreation sites. Proiect may include, but not limited to the following locations in FY 2008/09 locations may include: Frank Tack Park, McMullen Tennis, and miscellaneous service replacements, pole replacements and security lighting. 94510 Air Conditioners-City Wide Replacements The proiect provides for the replacement of several air conditioning systems that are in need of replacement due to age, deterioration, and excess energy usage. For FY 2008/09 facilities may include: East Library, Shuffleboard Club, Countryside Library, Engineering Field Office, and miscellaneous small units. 94512 Roof Repairs The proiect includes roof repair of various City buildings as needed to prevent water damage to interiors of buildings. For FY 2008/09 facilities may include: Countryside Library, Morningside Pool Building, and Ross Norton Pool. 94514 Roof Replacements This proiect includes roof replacements of various City buildings. For FY 2008/09 facilities may include: Municipal Services Buildina and the Police Department. 94517 Painting of Facilities This proiect includes scheduled painting and waterproofing of City facilities. In FY 2008/09 facilities may include: Pier 60 Pavilion, Main Library, Countryside Sports Complex, North Greenwood Aquatics Center, Municipal Services Building (metal work) Sand Key Fire Station, Gas Sales and Graphics. 94519 Floorina of Facilities This proiect includes the scheduled replacement of worn or damaged flooring. In FY 2008/09 facilities may include: Public Services Buildinas "B" and "C", and miscellaneous small replacements. 94524 Lonq Center Maior Infrastructure Improvements This proiect provides fundina for maior buildina improvements to the Lona Center facility. This could include air conditioning replacement, roof replacement, painting, major electrical repairs; as well as, repairs to the fire sprinkler systems, replacement of pool lights and elevator repairs. The additional funding in FY 09 will provide for the installation of a new energy savings equipment including air conditioning, lighting and new exhaust and dehumidifier system in the pool area that will pay for itself over the next 20 years and yield a proiect savings of more than $130,000 over the life of the proiect. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 29 of 51 MISCELLANEOUS The Miscellaneous section includes proiects that do not fit into another category. The maiority of the proiects in this section are technology proiects that are either managed by the Information Technology Department or funded by the Administrative Services Fund. Other proiects in this section include two environmental projects funded by the General Fund and one vehicle funded by the Customer Service Department. Proiects 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 94761 Pollutant Storage Tk Rem/ Replacement-Gen Fund 94856 Accela Permitting & Code Enforcement Upgrade 94803 Envirommntl Assmt & Clean 94814 Network Infrastructure & Server R & R Adm Svcs 25,000 25,000 25,000 25,000 25,000 25,000 150,000 General Fund 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Adm Svcs 25,000 25,000 25,000 25,000 50,000 50,000 200,000 General Fund 50,000 50,000 50,000 50,000 50,000 50,000 300,000 L/P-Adm Svcs 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000 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 # 8 Attachment number 3 Page 30 of 51 MISCELLANEOUS (continued) Project Funding 2008/09 2009/1 0 2010/11 2011/12 2012/13 2013/14 Total 94829 CIS Upgrade 94839 Roadway & Traffic Asset Mgmt Adm Svcs 100,000 100,000 100,000 50,000 50,000 50,000 450,000 Gas Tax 300,000 20,000 320,000 Total Miscellaneous 945,000 615,000 595,000 545,000 595,000 570,000 3,865,000 94736 Geographic Information System This proiect has been established to link location based data from the Citv's numerous databases in an enterprise geographic information system (GIS). The development of a GIS will greatly increase the accessibility of infrastructure, capital asset, and customer information through an intuitive map-based query application. The system will also enable public and private access to mapped information via the Internet. Fundina includes costs for hardware and software as well as data collection and data conversion services. 94761 Pollutant Storage Tank Removal/Replacement-General Fund This project is proposed to keep the City's pollutant storage tank locations in compliance with the current Florida Department of Environmental Protection Pollutant Storage Tank Rules, and to reduce the potential risk of groundwater contamination. Expenses from this fund include tank maintenance, repair, replacement and routine expenses related to tank insurance and compliance, and fees associated with emergency spill response. 94856 Accela Permittina & Code Enforcement U This proiect provides funding to keep the Tidemark System up to date, operating at optimum condition and to pay for upgrades as needed. This project encompasses hardware, software and professional services. 94803 Environmental Assessment and Clean-up This proiect has been established to provide fundina 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, requiring the City to meet mandatory target clean-up levels. This requires mandatory target 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 program also reduces the potential risk of off-site contamination to private property and the potential for third party liability claims against the City. 94814 Network Infrastructure and Server Renewal and Replacement This proiect 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 49 55 different access locations throughout Clearwater. Much of the infrastructure equipment is aping and not capable of handling the increased volumes of data as the City's computing systems prow. These upgrades will improve performance and efficiency of the network and systems, and enable tiered management of network traffic. The proiect will also fund the purchase of network and bandwidth management software, a new fiber switch and new router blades. Beainnina in FY '08. this proiect will fund the maintenance of the Police network and infrastructure maintenance. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 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 Management, GIS, payroll, etc.). The proiect 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 funding to outfit backup data centers at General Services and Fire Station 48. 94827 Telecommunications Upgrades This proiecf will provide fundina for the uparade of telecommunications eauipmenf includina Norfel switches, handsets and software. The additional funding in FY 2008/09 will provide fund for ACD (automated call distribution) capabilities, the purchase of new switches and the upgrade of the phone systems at MSB, PD and General Services. 94828 Financial Systems Upgrades This proiect provides funding to keep the financial systems (PeopleSoft, Ross and Risk Management) up to date, operating at optimum condition and to pay for upgrades as needed. This project encompasses hardware, software and professional services. 94829 CIS Upgrades This proiect provides funding for upgrades of the Customer Information System (CIS). This system supports City utilities. 94839 Roadwav & Traffic Asset Manaaemenf This proiecf provides funding for the automated asset management (A/M) system. This system will help manage and maintain the existing and future infrastructure, but will also leverage other developing City technology. 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 Project FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Network Infrastructure & Server R & R (2) 0.0 88,700 177,400 266,100 266,100 266,100 266,100 IT Disaster Recovery (2) 0.0 17,740 26,610 35,480 26,610 26,610 17,740 Telecomm Upgrades (2) 0.0 17,740 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) Operating costs are for debt service to be funded by the Administrative Services Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 32 of 51 STORMWATER UTILITY This Stormwater Utility section includes proiects that support the Stormwafer Utility operations of the City. All projects are included in the Rate Study approved by the City Council in June 2006. Proiects 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 96124 Storm Hoe Svstem Improvements 96168 Stormwater System Expansion 96169 Stevenson Creek 96170 Coastal Basins Projects 961xx TV Truck & Camera 961xx Vaccon Sewer Cleaner 961xx Alligator Creek Watershed Projects Funding 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total Stormwater 800,000 800,000 Future Bond Issue 900,000 900,000 1,000,000 1,000,000 1,100,000 4,900,000 Stormwater 500,000 600,000 328,720 700,000 700,000 800,000 3,628,720 Future Bond Issue 271,280 271,280 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 Stormwater 921,680 570,000 450,000 263,970 305,720 2,511,370 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 L/P-Strmwtr 300,000 300,000 300,000 L/P-Strmwtr Stormwater Future Bond Issue 300,000 450,000 263,970 305,720 1,019,690 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 proiect provides for repair and restoration of stormwater svstem components and for technical evaluation of storm water problems. A significant portion of this project vvill be lininq or replacement of existing deterioratinq pipe. Comprehensive Plan Obiective: (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 # 8 Attachment number 3 Page 33 of 51 STORMWATER UTILITY (continued) 96168 Stormwater System Expansion (replaces Storm System Expansion) This proiect provides for reduction of structure, street and property flooding or improvements to water quality through property acquisition and/or expansion of the existing stormwater system. Property acquisition may be exercised where it is determined that flooding may be alleviated or area for water quality treatment is provided. Comprehensive Plan Obiectives: (19.3) Lower high water profiles during storm events, as necessary, to reduce house flooding occurrences and to lessen the resulting 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 flooding where safety issues and traffic problems exist as prioritized and set forth in the Capital Improvement Element, and listed in the stormwater management plans. 96169 Stevenson Creek Watershed Proiects (replaces Stevenson Creek Implementation Proiects) This proiect provides for the implementation of wafer quantity and quality projects within the Stevenson Creek watershed, including those identified in the Stevenson Creek Watershed Management Plan, to abate structure and street flooding, improve water quality, add, upgrade or restore Stormwater infrastructure and comply with mandated operation, maintenance and reporting requirements. FY 2008/09 Will include Spring Branch and Turner Street box culverts. Comprehensive Plan Obiective: (19.2) The City of Clearwater shall continue to develop watershed management plans which should seek to identify, evaluate and implement the most cost effective and cost efficient programs for Stormwater management, including Stormwater quantity and quality. These plans should also address any proiects included in the Pinellas county Stormwater Management Plan (SWMP) for the implementation of all Stormwater management, as well as recommended funding sources. 96170 Coastal Basin Proiects (replaces Coastal Basins Improvements) This proiect provides for the implementation of wafer quantity and quality projects within the City's coastal basins to abate structure and street flooding, improve water quality, add, upgrade or restore Stormwater infrastructure and comply with mandated operation, maintenance and reporting requirements. FY 2008/09 Will include Tropic Hills ouff all improvements. Comprehensive Plan Obiectives: (19.3) Lower high water profiles during storm events, as necessary, to reduce house flooding occurrences and to lessen the resulting adverse effects on public health, the natural environment, public and private property. (19.5) Protect and enhance the quantity of receiving waters by the use of "Best Management Practices" in accordance with the adopted watershed management plans. 961 xx TV Truck & Camera This proiect provides fundina for an additional TV truck with a camera. The eauipment will record data and monitor the City's 120-mile sformwafer drainage system and facilitate the identification of old and deteriorating pipe. Comprehensive Plan Obiecfive: (19.6) Continue to provide sound fiscal management of the sformwafer management systems to include maintenance, operation and construction in accordance with the watershed management plans and concurrent with its implementation. 961xx Vaccon Sewer Cleaner This proiecf provides funding 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 Obiecfive: (19.6) Continue to provide sound fiscal management of the sformwafer manaaemenf svsfems 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 # 8 Attachment number 3 Page 34 of 51 STORMWATER UTILITY (continued) 961x& Alligator Creek Watershed Projects (replaces Alligator Creek Implementation Projects-Phase II) This proiect provides for the implementation of wafer quantity and qualify projecfs within the Alligator Creek watershed. Including those identified in the Alligator Creek Watershed Management Plan, fo abate structure and street flooding, improve wafer qualify, add, upgrade or restore Sformwafer infrastructure and comply with mandated operation, maintenance and reporting requirements. Comprehensive Plan Obiecfive: (19.2) The Cify of Clearwater shall continue fo develop watershed management plans which should seek fo identify, evaluate and implement the most cost effective and cost efficient programs for Sformwafer managemenf, including sformwafer quantity and quality. These plans should also address any proiects included in the Pinellas County Stormwater Management Plan (SWMP) for the implementation of all stormwater management, as well as recommended funding sources. ANNUAL OPERATING BUDGET IMPACT Project FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 TV Truck & Camera )2), (3), (6) 1.0 118,650 121,190 123,850 126,580 Vaccon Sewer Cleaner )2), 161 0.0 94,370 95,690 97,080 98,540 100,020 Total Stormwater Utility 1.0 94,370 214,340 218,270 222,390 226,600 (2) Operating costs are for debt service to be funded by the Stormwater Utility Fund. 13) Operating costs are for personal services. 16) Operating costs are for Fleet Maintenance. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 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 proiects are maintenance proiects 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. Proiecfs in this section supporf the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the Cify Council's Vision and the following related priorities: ? Well Maintained Infrastructure ? Efficient Responsive Cify Services Project Funding 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Total 96358 Environmental Remediafion 96365 Line Relocation Pinellas-Mainf 96367 Gas Meter Change Out-Pinellas 96374 Line Relocation Pinellas-Cap 96376 Line Relocation Pasco-Mainf 96377 Pinellas New Mains & Svc Lines 96378 Pasco New Mains & Svc Lines 96379 Gas Meter Change Out-Pasco 96381 Line Relocation Pasco-Cap 96384 Building Renovation 96385 Gas Main Extensions Gas 150 ,000 150,000 150 ,000 150,000 150, 000 750, 000 Gas 250 ,000 250,000 250 ,000 250,000 250, 000 1,250, 000 Gas 210,000 210 ,000 210,000 210 ,000 210,000 210, 000 1,260, 000 Gas 300 ,000 300,000 300 ,000 300,000 300, 000 1,500, 000 Gas 100,000 100 ,000 100,000 100 ,000 100,000 100, 000 600, 000 Gas 200,000 1,200 ,000 1,200,000 1,300 ,000 1,300,000 1,300, 000 6,500, 000 Gas 300,000 3,200 ,000 3,500,000 3,300 ,000 3,300,000 3,300, 000 16,900, 000 Gas 210,000 210 ,000 210,000 210 ,000 210,000 210, 000 1,260, 000 Gas 300,000 300,000 300,000 900,000 Gas 125,000 125,000 125,000 125,000 125,000 125,000 750,000 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 # 8 Attachment number 3 Page 36 of 51 GAS SYSTEM (continued) 96358 Environmental Remediation This project will provide funding for cleaninq up the old gas 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 providing us, at some future date, their requirements for the remediafion on the property. Other environmental locations requiring remediafion will also be funded from this project, as the requirement is determined. Funding for this will be recovered through the Environmental Imposition Adiustment clause in the Gas Svstem rates. Comprehensive Plan Objective: To provide a safe and efficiently gas system that meets State and Federal regulations. 96365 Line Relocation Pinellas - Maintenance This is a continuing proiect to fund the removal of abandoned gas lines as required by the State Department of Transportation. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96367 Gas Meter Chanae Out- Pinellas To provide funding for continually maintaining accurate gas meters in Pinellas County to maximize gas revenues. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96374 Line Relocation Pinellas - Capitalized This is a continuing proiect to relocate gas mains for road construction and upgrades to the mains. This portion of the proiect involves work that adds to the value of the gas system and is therefore capitalized. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96376 Line Relocation Pasco - Maintenance This is a continuing proiecf to fund the removal of abandoned gas lines as required by the State Department of Transportation. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96377 Pinellas New Mains and Service Lines This project will provide for extension of gas mains and services as well as new mains and services within Pinellas County. If will fund related activities such as capital replacement of obsolete cast iron and galvanized mains, liquid propane service. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96378 Pasco New Mains and Service Lines This project will provide for extension of gas mains and services as well as new mains and services within Pasco County. If will fund related activities such as capital replacement of obsolete cast iron and galvanized mains, liquid propane service. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96379 Gas Meter Change Out- Pasco To provide funding for continually maintaining accurate gas meters to maximize gas revenues. Funding of this proiecf will come from available gas system revenues. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 37 of 51 GAS SYSTEM (continued) 96381 Line Relocation Pasco - Capitalized This is a continuing proiect to relocate gas main for road construction and upgrades to the mains. This portion of the proiect involves work that adds to the value of the Gas System and is therefore capitalized. Funding for this project will come from available gas system revenues. Comprehensive Plan Objective: To provide a safe and efficient gas system that meets State and Federal regulations. 96384 Building Renovation This proiect provides funding to purchase property in Pasco County as well as to renovate the building at Myrtle Avenue to include the Sales Office and Showroom. This capital proiect will save the rental costs of the current Sales office. Operating costs will be reduced by rental expense; all other operating costs will be offset from one location to the other. Funding for this proiect will come from available gas system revenues. 96385 Gas Main Extensions This proiect provides funding for the extension of natural gas mains in existing 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 gas system that meets State and Federal regulations. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 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 proiects for facility maintenance and maior repairs, vehicle and container replacements, as well as the implementation of a commercial weight based system. All projects are funded by either Solid Waste revenue or throuah Lease Purchase contracts paid by the Solid Waste Fund. Proiects in this section support 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 Proiecfs in this section also 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 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 TOTAL 96426 Facility R&R 96442 Vehicle Replacements 96443 Residential Container Acquisfion Solid Waste 55,000 55,000 100,000 105,000 315,000 UP-Sol Wsf 160,000 170,000 180,000 190,000 190,000 190,000 1,080,000 Solid Waste 110,000 110,000 110,000 110,000 141,000 150,000 731,000 96444 Comm Container Acquisfion Solid Waste 240,000 240,000 250,000 250,000 282,000 290,000 1,552,000 964xx Comm Weighf Based Mgmf Sys UP-Sol Wsf 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 r)roiect provides for the repair or modification of site and land improvements, buildings, machinery and equipment at the two (2) Solid Waste facilities. Maior emphasis on maintenance and extending useful lives of fixed assets is required to ensure minimum downtime. The Transfer Station requires replacement of necessary components to maintain and upgrade the original equipment installed in 1971. The current available balance in the proiecf will provide funding for this project for the next several years. Comprehensive Plan Obiecfive: (18.3) Continue to provide sound fiscal management for solid waste collection, disposal and recycling as if develops. 96442 Vehicle Replacements This proiecf provides for the replacement of Solid Waste maintenance and operating expense (M&O) owned vehicles, and other motorized equipment on an on-going basis. Planned for FY 2008/09 is the replacement of one roll-off vehicle and one front-end loader. Comprehensive Plan Obiecfive: (18.3) Continue to provide sound fiscal management for solid waste collection, disposal and recycling as if develops. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 39 of 51 SOLID WASTE (continued) 96443 Residential Container Acquisition This proiect includes the replacement of approximately 5-100 of the 26,800 automated containers in the field, and the acquisition of new 90-gallon automated containers fo meet the anficipafed less than 1% annual growth 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 proiecf is the cost of replacement parfs, when automated containers can be repaired. Comprehensive Plan Obiecfive: (18.3) Continue fo provide sound fiscal management for solid waste collection, disposal and recycling as if develops. 96444 Commercial Container Acquisition This is an on-aoina proiecf for the purchase and replacement of roll-off containers. compactors and dumpsfers for approximately 3,200 commercial accounts. This proiecf includes the replacement of containers damaged or deteriorated during their normal useful life of five (5) years; and the acquisition of additional compactors, roll-offs and dumpsfers fo meet system growth. Comprehensive Plan Obiecfive: (18.3) continue fo provide sound fiscal managemenf for solid waste collection, disposal and recycling as if develops. 964xx Commercial Weight Based Management Sysfem This proiecf provides for the developmenf and implementation of a commercial solid waste svsfem that more equitably charges the commercial customers for the appropriate cost of disposal. Currently, rates for commercial containers (dumpsfers) are based on cubic yard capacify while disposal charges are based on weight. With technology being developed and tested now, commercial customers would be charged for their disposal cost based on the actual weight of their refuse when implemented in FY 2009/10. Comprehensive Plan Obiecfive: (18.3) Continue fo provide sound fiscal managemenf for solid waste collection, disposal and recycling as if develops. ANNUAL OPERATING BUDGET IMPACT Project FTE's 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Vehicle Replacements (2) 35,390 72,990 112,800 154,820 196,840 203,470 Comm Weight Based Mgmt Sys (2) 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 M Operating costs are for debt service to be funded by the Solid Waste Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 40 of 51 UTILITIES MISCELLANEOUS The Utilities Miscellaneous section includes Utilities proiects that support more than one utilities operation. These projects are typically funded by one or more of the utilities operations depending on which operation the project supports. The proiects 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 96516 City-Wide Aerial Water 6,000 6,000 12,000 Photography Sewer 6,000 6,000 12,000 Stormwater 6.000 6.000 12.000 96523 Public Utilities Adm Utility R&R 26,000 26,000 26,000 26,000 26,000 26,000 156,000 Building R&R Total PWA/Utilities Miscellaneous 26,000 26,000 44,000 26,000 26,000 44,000 192,000 96516 City Wide Aerial Photography The Public Works Department maintains a 100% scale atlas of aerial photography, 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 planning. The Engineering Division uses the aerials in conjunction with permitting, construction drawings, and as an important source of historical information. The aerial atlas presenfly in use was flown in December 2007. 96523 Public Utilities Administration Building R&R This proiecf provides funding for the building and equipment upgrades for the Public Utilities Complex to include the Public Utilities Administration Buildina. Motor Shop. Meter Shop and Supervisors Buildina. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 41 of 51 SEWER SYSTEM The Sewer System section includes proiects that support the Sewer System operations for the City. All proiects, except the proiects funded with Lease Purchase, are included either in the current Rate Study or a future Rate Study. Proiects 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 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total 96615 Odor Control 96619 WWTP Generator Replacement 96630 Sanitary Sewer Extensions 96634 Sanitary Ufili Relocation 96645 Laboratory Upgrade and R&R Utility R&R 72,520 149,940 FY'09 Bond Issue 1,126,400 Future Bond Issue 1,000,000 222,460 1,126,400 1,000,000 Sewer Impact 575,000 500,000 500,000 500,000 500,000 500,000 3,075,000 Sewer 183,520 28,630 212,150 Utility R&R 266,680 463,710 750,000 250,000 221,370 500,000 2,451,760 Utility R&R 57,960 59,700 61,000 178,660 Sewer 56,270 62,800 64,700 183,770 96654 Facilities Upgrade & FY'09 Bond Issue 90,830 90,830 Improvement Future Bond Issue 622,000 500,000 31,720 1,153,720 Sewer 468,830 24,070 645,750 1,138,650 Utility R&R 995,430 475,930 396,280 1,867,640 96664 Wafer Pollution FY'09 Bond Issue 1,159,700 1,159,700 Control R&R Future Bond Issue 1,176,030 1,113,230 1,912,460 857,310 480,000 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 City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 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 & Transmission R&R 96666 WWTP East Bypass & NE Pump 96670 Pollutant Storage Tank R&R - WPC 96686 Pump Station Replacement 966xx NE WWTP Thermal Dryers 966xx WWTP UV Disinfect FY'09 Bond Issue 2,162,000 2,162,000 Future Bond Issue 2,868,600 3,765,000 5,429,800 4,271,800 3,663,700 19,998,900 FY'09 Bond Issue 62,000 Future Bond Issue 1,548,400 Utility R&R 7,880 8,120 8,300 Sewer 7,650 FY'09 Bond Issue 1,321,000 62,000 40,000 1,588,400 24,300 8,550 8,810 25,010 1,321,000 8,242,000 Future Bond Issue 1,110,000 2,228,000 2,794,000 645,000 1,465,000 Future Bond Issue Future Bond Issue 96202 WWTP Screw Pump Utility R&R Replacement 846,910 302,950 2,157,370 2,157,370 1,823,260 1,823,260 157,390 255,900 1,563,150 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 proiect provides funding for the enclosure of channels/tanks to minimize air volumes for treatment. Comprehensive Plan Obiective: (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 proiect 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 Obiective: (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 # 8 Attachment number 3 Page 43 of 51 SEWER SYSTEM (continued) 96630 Sanitary Sewer Extensions This proiect provides new sanitary sewer service to residents within the City of Clearwater service area. Comprehensive Plan Obiective: (17.1) To maintain adequate levels of service for existing and future populations. 96634 Sanitary Utility Relocation The proiect provides funding for the relocation of sanitary sewer infrastructure to accommodate roadway improvements by Florida DOT, Pinellas County, and the City of Clearwater. Proiecfs 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 Obiective: (17.1) To maintain adequate levels of service for existing and future populations. 96645 Laboratory Upgrade and R&R The proiect provides for the repair, replacement and upqrade 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 Obiective: (17.1) To maintain adequate levels of service for existing and future populations. 96654 Facilities Upgrade and Improvement The proiect provides fundina for future improvements and uparades at the City's three (3) AWT plants and bio-solids facility. Comprehensive Plan Obiective: (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. 96664 Water Pollution Control R&R The proiect provides for the desiqn, 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 Wafer Pollution Control facilities to or at designed capability. Comprehensive Plan Obiecfive: (17.1) To maintain adeauafe levels of service for exisfina and future opulafions. 96665 Sanitary Collect and Transmission R&R The proiecf provides general system wide condition inspections, rehabilitation and new appurtenances. Comprehensive Plan Obiecfive: (17.1) To maintain adequate levels of service for existing and future populations. 96666 WWTP East Bypass and Northeast Pump This proiecf provides fundinq for modifications for East WWTP 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 Obiecfive: (17.2) The City shall continue to produce advanced wastewater treatment (AWT) improvements at all wafer pollution control facilities in accordance with FDEP and USEPA requirements. 96670 Pollutant Storage Tank R&R - WPC This proiecf provides for the systematic replacement of below around tanks and maintenance of new above ground tanks at all pollution control plants. Comprehensive Plan Obiecfive: (17.1) To maintain adequate levels of service for existing and future populations. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 44 of 51 SEWER SYSTEM (continued) 96686 Pump Station Replacement This proiect provides fundinq to inspect, rehabilitate or replace exisfinq pump stations systems, their related force mains and telemetry systems to adhere to current industry and regulatory requirements. Comprehensive Plan Obiecfive: (17.2) The City shall continue to produce advanced wastewater treatment (AWT) improvements at all wafer pollution control facilities in accordance with FDEP and USEPA requirements. 966xx NE WWTP Thermal Dryers This proiecf provides for the installation of bio-solids dryers for the disposal of dried bio-solids to meet FDEP and EPA class A regulations. Comprehensive Plan Obiecfive: (17.2) The City shall continue to produce advanced wastewater treatment (AWT) improvements at all wafer pollution control facilities in accordance with FDEP and USEPA requirements. 966xx WWTP UV Disinfection This proiecf provides funding for the installation of UV disinfection systems at all three (3) plants, including lamp systems and electrical modifications. Comprehensive Plan Obiecfive: (17.2) The City shall continue to produce advanced wastewater treatment (AWT) improvements at all wafer pollution control facilities in accordance with FDEP and USEPA requirements. 96202 WWTP Screw Pump Replacements This proiecf provides funding for modifications and improvements to the existing 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 adding submersible pump capabilities to the infernal recycle process at all three plants. Comprehensive Plan Obiecfive: (17.2) The City shall continue to produce advanced wastewater treatment (AWT) improvements at all wafer pollution control facilities in accordance with FDEP and USEPA requirements. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 45 of 51 WATER SYSTEM The Water System section includes proiects that support the Water System operations for the City. All projects, except the proiects funded with Lease Purchase, are included either in the current Rate Study or a future Rafe Sfudy. Proiecfs in this section supporf the "Clearwater Provides the Infrastructure to Support all its Attributes" element of the Cify Council's Vision and the following related priorities: ? Well Maintained Infrastructure ? Efficient Responsive Cifv Services 96721 Svsfem R&R -Mainf 96739 Reclaimed Wafer Distribution Svsfem Utility R&R 25,000 25,000 25,000 75,000 Wafer 25,000 25,000 25,000 75,000 FY '09 Bond Issue 863,400 863,400 Sewer Revenue 3,847,100 985,670 4,832,770 Future Bond Issue 2,921,470 1,649,150 81,020 3,189,390 6,000,000 13,841,030 Utility R & R 368,980 1,160,610 1,529,590 96740 Wafer Supply & Ufilify R&R 300,000 300,000 325,000 325,750 376,530 378,820 2,006,100 Treatment 96741 System R&R - Ufilify R&R 250,000 850,000 239,300 250,000 250,000 850,000 2,689,300 Capitalized 96742 Line Relocation - Ufilify R&R 550,000 234,340 954,570 250,000 250,000 1,000,000 3,238,910 Capitalized Future Bond Issue 165,660 1,145,430 1,311,090 96743 Meter/Backflow Repl Ufilify R&R 650,000 650,000 650,000 650,000 650,000 650,000 3,900,000 /Change Out 96744 System Expansion Wafer Impact 250,000 250,000 250,000 250,000 119,210 81,910 1,201,120 Wafer 130,790 168,090 298,880 6,735,500 5,396,470 6,224,120 2,200,750 6,151,530 9,153,820 35,862,190 continued on next page City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 46 of 51 WATER SYSTEM (continued) Project Funding 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Total 96752 Water Service Lines FY'09 Bond Issue 500,000 500,000 Future Bond Issue 500,000 500,000 500,000 500,000 500,000 2,500,000 96757 Water Pick-up Trucks L/P-Water 33,780 34,770 68,550 96758 Fluoride in Water Sys Future Bond Issue 1,307,590 1,307,590 96760 Elevated Water Tks FY'09 Bond Issue 250,000 250,000 96764 Reverse Osmosis FY'09 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'09 Bond Issue 2,552,300 2,552,300 @ Reservoir #2 Future Bond Issue 1,516,830 1,117,230 15,178,160 7,852,040 25,664,260 Water Revenue 3,571,770 3,571,770 96768 Rebate-Well,Lake, Water 50,000 50,000 50,000 150,000 Pond Iriq Abd Utility 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 L/P-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 relating to maintenance, repair or replacement of water mains, service lines, valves, fire hydrants, miscellaneous equipment, and damaged facilities. Work involves maintenance, repair and replacement of facilities that do not involve upgrading. 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 # 8 Attachment number 3 Page 47 of 51 WATER SYSTEM (continued) 96739 Reclaimed Water Distribution System This proiect provides for the continued expansion of the City's Reclaimed Water System based on the Reclaimed Water Master Plan. Comprehensive Plan Obiective: (21.2) To provide adequate quantities and qualities of water services to all customers in the Clearwater service area; for the City's wafer system to be compatible with the environment; and also seek to conserve and protect sensitive natural resources. 96740 Water Supply and Treatment This proiect provides funding for maintenance, replacement, and upgrade of supply facilities. Comprehensive Plan Obiective: (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 proiect 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 Obiective: (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 proiects 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 Obiective: (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 Obiective: (21.3) Continue to maintain the water system in a safe, sound and efficient manner on a daily basis. 96744 System Expansion This proiect 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 Obiective: (21.1) To maintain adeauate levels of service for existina and future populations. 96752 Water Service Lines This proiect is to upgrade the City's existing galvanized water service lines that are in poor condition. Comprehensive Plan Obiective (21.1) To maintain adequate levels of service for existing and future populations. 96757 Water Pick up Trucks This proiect 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 # 8 Attachment number 3 Page 48 of 51 WATER SYSTEM (continued) 96758 Fluoride in Water System This proiect provides funding 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 Obiective: (21.3) Continue to maintain the water system in a safe, sound and efficient manner on a daily basis. 96760 Elevated Water Tanks Upgrade This proiect provides funding 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 Obiective: (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 proiect provides funding for the expansion of the City's existing RO Plant potentially adding one (1) MGD in water production. This includes wells, raw water piping and plant equipment. Comprehensive Plan Obiective: (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 proiect provides fundina for brackish wells. raw wafer pipelines. 3.5 MGD brackish RO Plan with brine disposal to iniection well. Additional operating costs for this project will not begin until 2014. Comprehensive Plan Obiecfive: (21.2) To provide adequate quantities and qualifies of wafer services to all customers in the Clearwater service area. 96768 Rebate-Well, Lake, Pond Irrigation Abandonment This r)roiect provides fundinq for the Well, Lake, Pond Irrigation Abandonment proqram that was approved by the City Council May 3, 2007. This program provides a homeowner a rebate if they are willing to properly abandon a private well, lake or pond irrigation system, when establishing reclaimed wafer service at their residence. Comprehensive Plan Obiecfive: (21.2) To provide adequate quantities and qualifies of wafer services to all customers in the Clearwater service area; for the City's wafer 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 shutting down a water main. This system would eliminate many of the boil water notices we post, the completely shutting down a water main for tie-ins or cut & caps, and hiring a contractor to make taps. 967xx RO Plant Pick-up Trucks This proiect provides funding for two (2) additional 1 /2 ton pick-up trucks to be used by the additional personnel to investigate 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 # 8 Attachment number 3 Page 49 of 51 WATER SYSTEM (continued) ANNUAL OPERATING BUDGET IMPACT Project FTE's 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Reclaimed Water Distribution system 131, 141, 181 Water Pick up Trucks )2), (6) Elevated Water Tanks Upgrade Ill, (4) Reverse Osmosis Plant Expansion - Reservoir #1 (1),(4),(8) Reverse Osmosis Plant @ Reservior #2 Ill, (3), (4), (8) RO Pick-up Trucks )2), )6) Hydra Stop System )2) 2.0 56,900 59,500 62,800 66,100 69,500 73,100 0.0 9,370 9,270 9,270 18,760 18,760 9,490 0.0 35,280 37,040 38,890 40,840 42,880 45,020 0.0 8.0 498,400 523,820 550,520 2,299,870 0.0 12,690 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) Operating costs are for maintenance. 2) Ooeratina costs are for debt service to be funded by the Water & Sewer Fund 13) Operating costs are for personal services. 14) Operating costs are for utilities. 16) Operating costs are for Fleet Maintenance. I8) Operating costs are for chemcials and/or other operating supplies. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 50 of 51 RECYCLING The Recycling section includes projects that support the Recycling operations of the City. Included in this section are proiects for the replacement of equipment and containers as well as the promotion of recycling participation. All proiects are funded by either Recycling Fund revenue or through Lease Purchase contracts with the debt paid by the Recycling Fund. in this section support the "Clearwater is a Wonderful Place to Live" element of the Citv Council's Vision and the following related priorities: ? A Safe Clean Green Environment ? Safe Comfortable Walkable Neighborhoods Project Funding 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Total 96804 Recycling Container Acquisfion Recycling 49,000 50,000 99,000 96805 Recycling Expansion R&R & Participation Programs 96806 Recycling Equipment Replacement Recycling 47,000 50,000 97,000 UP-Recycling 160,000 220,000 290,000 290,000 290,000 300,000 1,550,000 Total Recycling 160,000 220,000 290,000 290,000 386,000 400,000 1,746,000 96804 Recyclinq Container Acquisition This r)roiect provides for the purchase and replacement of recycling bins, carts/containers and dumpsfers for the City's three Recycling Programs - Residential, Mulfi-Family and Commercial. The current available balance in the proiect will provide funding for this project through FY 2011/12. Then new funding will once again be required. Comprehensive Plan Obiective: (18.3) Continue to provide sound fiscal management for solid waste collection, disposal and recycling as it develops. 96805 Recycling Expansion, R&R and Participation Programs This proiect promotes participation in recycling and sustains processing and marketing as well as, the profitability of the three recycling programs. State Grant funds that assisted in establishing this proiecf are no longer available. In FY 2008/09, funding will provide for the placement of dividers/parfifions at the Processing Center; in FY 2009/10, funding will provide for shelter maintenance and in FY 2010/11, funding will provide for partial resurfacing of the processing floor in the Processing Center. In FY 2011/12, funding will provide for the final resurfacing of the processing center floor. The current available balance in the project will provide funding for this proiecf through FY 2011/12. In FY 2012/13, funding for the replacement of the magnetic separator conveyor and security system addition will be provided. In FY 2013/14, funding will provide for replacement of the surveillance system and modification or replacement of the Global Positioning System (GPS). Comprehensive Plan Obiecfive: (18.3) Continue to provide sound fiscal management for solid waste collection, disposal and recycling as if develops. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 Attachment number 3 Page 51 of 51 RECYCLING (continued) 96806 Recvclina EauiDment Replacement This proiect provides a reserve for the replacement of M & O automotive equipment for all three recycling programs, on an on-going basis. Planned for FY 2008/09, replacement of the 2000 express van and 2001 Sterling Roll-off Truck. The current available balance in the proiecf will fund proiecfs. Comprehensive Plan Obiecfive (18.3) Continue fo provide sound fiscal management for solid waste collection, disposal and recycling as it develops. ANNUAL OPERATING BUDGET IMPACT Project FTE's 2008 09 2009 10 2010 11 2011 12 2012 13 2013 14 Recycling Equipment Replacement (2) 35,390 84,050 148,190 212,330 276,470 307,430 Total Recycling 0.0 35,390 84,050 148,190 212,330 276,470 307,430 121 Operating costs are for debt service to be funded by the Recycling Fund. City of Clearwater, FL Ordinance 8016-08 Exhibit A Item # 8 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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 # 9 Attachment number 1 Page 1 of 7 CDB Meeting Date: September 16, 2008 Case Number: REZ2008-07007 Addresses: 2855 Gulf to Bay_ Boulevard Agenda Item: FF=2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: BVG Acquisition, Inc. REPRESENTATIVE: 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: Detached Dwellings (Independent Living Units) and Assisted Living Facility Proposed Uses: Detached Dwellings (Independent Living Units), Assisted Living Facility and Nursing Home [Life Care Center] PLAN CATEGORY: Current Category: Residential Medium (RM) Proposed Category: Residential Medium (RM) ZONING DISTRICT: Current District: Medium Density Residential (MDR) Proposed District: Medium High Density Residential (MHDR) Community Development Board - September 16, 2008 REZ2008-07007 - Page I of 7 Item # 9 Attachment number 1 Page 2 of 7 EXISTING SURROUNDING USES: ANALYSIS: North: Restaurants and Retail Sales South: Mobile Home Park and Old Tampa Bay East: Detached dwellings West: Mobile Home Park and Clearwater Mall This rezoning application involves 28.35 acres of property owned by BVG Acquisition, Inc. The subject 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. L CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1] 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 (FAR - 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 # 9 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 MAX. DENSITY/ PRIMARY CONSISTENT PLAN INTENSITY PER USES PER PLAN ZONING CLASSIFICATION PLAN CATEGORY DISTRICTS CATEGORY Medium Density Residential Residential Medium Medium Density 15 Dwelling (MDR); Medium High Density (RM) Residential Units Per Acre 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 # 9 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 (O), 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.1). Community Development Board - September 16, 2008 REZ2008-07007 - Page 4 of 7 Item # 9 Attachment number 1 Page 5 of 7 Existing MDR District As Currently Developed Continuing Care Retirement 323 living Community(1) accommodations (2.91 trips/ (229 units + 94 accommodation) beds) 940 N/A 0.29 94 N/A Existing MDR District Maximum Development Potential Residential Units(2) (5.86 trips/unit) 425 units(3) 2,490 N/A 0.52 221 127 Assisted Living Facility(4) (2.74 trips/bed) 1,275(5) 3,493 N/A 0.38 484 390 Proposed NI H DR District Proposed Development Continuing Care Retirement 439 living Community(1) accommodations (2.91 trips/ (229 units + 170 accommodation) beds + 40 beds) 1277 N/A 0.29 127 33 Proposed NI H DR District Maximum Development Potential Residential Units(2) (5.86 trips/unit) 425 units(3) 2,490 0 0.52 221 127 Assisted Living Facility(4) (2.74 trips/bed) 1,275(5) 3,493 N/A 0.38 484 390 (1) Institute of Transportation Engineer's Trip Generation 7"' 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 7ffi Edition Land Use 230, Res. Condo/Townhouse (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 7t' 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 # 9 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 TTE 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 # 9 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) District. Prepared by Planning Department staff: Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Michael H. Reynolds, AICP, Planner III Community Development Board - September 16, 2008 REZ2008-07007 - Page 7 of 7 Item # 9 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, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See attached legal description (REZ2008-07007) Zoning District From: Medium Density Residential (MDR) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 7994-08 Attachment number 3 Page 1 of 6 Location Map Owner: BVG Acquisition, Inc. Zoning Case: Property Size (Acres) REZ2008-07007 28.35 Site: 2855 Gulf to Bay Boulevard Land Use From : RM RM To: PIN: Atlas Page 17/29/16/03006/000/0200 (a portion of) 300A and 300B MDR MHDR S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG Acquisition, Inc\Maps\L0CATI0N4.doe Item # 9 Attachment number 3 Page 2 of 6 0 2 7N = GULF-TO-BAY k BLVD GULF-TO-BAY BLV 00 %*%wolf D ¦ ¦ ¦ ¦ N. ¦ ¦ ¦ ¦ ¦ ¦ ¦ Aerial Photo Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size (Acres): 28.35 Land Use Zoning 17/29/16/03006/000/0200 PIN: .portion of) From 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 # 9 Attachment number 3 Page 3 of 6 R/O/R Fl. 3 RLM 4 40] A.,;;??] O 4 c CG _24 - A n 1rA ? Q 165 165 _.ea Q S ULF-TO-BAY BLVD G U52'' A CG I i i n 1T l is _ I I is 2 J 1 s n ?I ??n I I I I ' T L6563 J 1 1 1 N 11 _ O O _ O 535 s 4 N ?AI? CG N RLM N 913]2 I I I I r 12 I -RM4 - 565 I OG o RM I RH 2861 L- f- J I I Future Land Use Map 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 : RM MDR (a portion of) RM MHDR To: 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 # 9 Attachment number 3 Page 4 of 6 ?`ss r I 4 - 213 8 3 2 375 6 3 6 - ?' 1 ' MHP 34 DR 30 =4 4 40'? 405 - ? ?J ? N O M N E O h N O W N- ro ro ? n n n _ N BAN ?I. S ¢ ¢; =O V " m m n n N N z 28 O ?O O N W W N 41? '? W ?+ IM uJ ? W W - .OJ ro ro A N N W W ? N Ot ? ' WJ Ol O W N Cp M y N a A N I I I N i 4 N N OO NO 1 1 I 1 1 1 I 1 1 I 1 1 1 I 1 'O il 1 I ? eI I ? a ?J n ,o I I 9 NI I \ -? L6m3 l 2 11 ' I N 4 I a 5 I I I I I 1lDR I I ?iz3lz I r - 14 565 I - MHDR ` o - I I 2861 !-- Lmms I I \ I P 5 I 290 \ N N l MDR - .....al? ......... ...... 5 HDR rm?z ? ry L - J ry - Proposed Zoning Owner: BVG Acquisition, Inc. Case: Site: 2855 Gulf to Bay Boulevard Property Size (Acres) REZ2008-07007 31.4 Land Use Zoning PIN: 17/29/16/03006/000/0200 From : RM MDR (a portion of) 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\ProposedZoningRevised.doc Item # 9 Attachment number 3 Page 5 of 6 L .11 J 38 3 etail Rest y '°, 40' 4°a A 158 _c _-Saes 165 A_c Q a 281 1'67 A, . , pt ire i 1. A 4 etail S 1.38 A u 8 11 'Servic s erv re GULF-TO-BAY BLVD `I5 A tour nt ? a J °'?? , huri . R.ct ll S?1cS R; S,cr ice 11 T L6563 J 535 4' , I 12 I s l '?I ., s 5 Congregate Care and - i Attached Dwellings ' ?i gte?'a8ily Retail ales z 565 _ = Re§identil 13 & Service o 2861 L666 J I .,05 29 N I zz - - 1 91372 91.4 A Existing and Surrounding Land Uses 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 RM MHDR To: 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\EXISTING6.doc Item # 9 Attachment number 3 View looking southeast within site Gulf to Bay Boulevard, looking northwest from property REZ2008-07007 Item # 9 BVG Acquisition, Inc. 2855 Gulf to Bay Boulevard View looking north at Sky Harbor Drive View looking southeast at property Typical assisted living unit, looking east within site Interior roadway and residential units, looking northeast ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 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.IVWD*710 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance NoltM09710 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 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 Land Use Category Lot 8, Clearwater Industrial Park, according to Industrial Limited (IL) 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 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 # 11 Attachment number 1 Page 2 of 2 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 Ordinance No. 7891-07 Item # 11 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 12 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 Zoning District Lot 8, Clearwater Industrial Park, according to the Industrial, Research and map or plat thereof as recorded in Plat Book 44, Technology (IRT) Page 46, Public Records of Pinellas County, Florida, together with the abutting right-of-way of No. Hercules Ave. (ANX2007-08023) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7892-07 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 13 Attachment number 1 Page 1 of 28 ORDINANCE NO. 7998-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGESSECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since April 1, 2005; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System, based on their applicable class of service: Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 2 of 28 (a) Residential natural gas service (rate RS). Firm natural gas service for domestic uses in all residences of three units or Monthly customer charge .... $ Non-fuel energy charge, per therm .... $ Minimum monthly bill .... $ (b) Small multi-family residential service (rate SMF). Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge .... $ Non-fuel energy charge, per therm .... $ Minimum monthly bill .... (c) Medium multi-family residential service (rate MMF). Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge .... $ Non-fuel energy charge, per therm .... $ Minimum monthly bill .... $- (d) Large multi-family residential service (rate LMF). Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge .... $ Non-fuel energy charge, per therm .... $ Minimum monthly bill .... $_' (e) Small natural gas general service (rate SGS). Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. 2 Ordinance No. 7998-0$tem # 13 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. 7998-0$tem # 13 Attachment number 1 Page 4 of 28 Plus the non-fuel therm rate for the minimum number of contract therms per day (i) Contract natural gas service (rate CNS). Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption (j) Residential natural gas air conditioning service (rate RAC). Firm natural gas service for domestic gas air conditioning in all residences of three (3) units or where the gas air 4 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 5 of 28 conditioning load is separately metered. Monthly customer charge.... $ ° - only if this is not alr ady being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $0.200 1 Minimum monthly bill.... $ _ at the premise 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.... $ 0.15n I Minimum monthly bill.... $ n at the premise on firm rate schedule Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 6 of 28 (1) 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.... $0.109 Minimum monthly bill.... $ at the premise on firm rate schedule (m) Natural gas street lighting service (rate SQ. 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 .... $0.200 Normal maintenance and relighting labor service charge, per therm . ... $ Plus any required equipment/parts Minimum monthly bill .... $20.00 Plus any applicable facilities contract charges 6 Ordinance No. 7998-0$tem # 13 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 a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. 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 (o) Natural gas vehicle service (rate NGV). Natural gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. 7 Ordinance No. 7998-0$tem # 13 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 .... $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account 8 Ordinance No. 7998-0$tem # 13 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 service (a) Residential Bulk Propane Gas Service (Rate BRLP). Bulk delivered LP service for "year round" domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or Usage Class Annual Non-fuel Non- Units/Gallons Energy Charge refun able per Gallon Annu I Customer Charge 1 0-60 $ $ 2 60.1--120 $ $d 3 120.1--300 $ $ 4 >300 $ $ (b) Residential "Will Call" Propane Gas Service (Rate WRLP. Bulk delivered LP Service for all customers with exclusively "leisure living" domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with "year round" appliances who request "will call" status in all residences of three (3) units or A "Will Call" customer is responsible for monitoring tank fuel level, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery Ordinance No. 7998-0$tem # 13 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 calls with a "Will Call" fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Non-fuel Energy Non-r fundable Units/Gallons Charge per Gallon 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 Non-fuel Non- Units/Gallons Energy Charge refun able per Gallon Annu I Customer Charge 10 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 11 of 28 1 0--2500 $_ $_ 1 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. 7998-0$tem # 13 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. 0) 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. 7998-0$tem # 13 Attachment number 1 Page 13 of 28 Monthly customer charge. $ for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. 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 .... $50.00 13 Ordinance No. 7998-0$tem # 13 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 purposes._ Annual customer charge .... $ Non-fuel energy charge: Per gallon .... $ Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC). A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. 14 Ordinance No. 7998-0$tem # 13 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 $f Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm ....$ 15 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 16 of 28 Propane (LP) gas rate schedule PGA: Per gallon ....$ 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-Family ........ .... $ per month Medium General Service & Multi-Family ... ..... $ per month Large General Service & Multi-Family ....... ..... $ per month Interruptible Service ............................... .... $ per month 16 Ordinance No. 7998-0$tem # 13 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) _imposition 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 environmental program imposed on the Clearwater Gas System by federal, state local regulatory 17 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 18 of 28 agencies. The will not be applied to interruptible natural gas or ° contract rates. The currently calculated rates are: Natural Gas Rate Schedule , per therm .... $0.009 Propane (LP) gas rate schedule Per gallon .... $0.000. 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 Natural gas rate schedule Propane (LP) gas rate schedule 18 rate , per therm .... $ _, per gallon ....$ Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 19 of 28 The rates may be implemented based on (f) Franchise and other city/county fees recovery clause (rate FFR). A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of 19 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 20 of 28 Clearwater will levy a six percent payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various). All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges. The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) ... $ Meter turn-on residential, same day as requested by customer (per account for new customers, seasonal reconnects, and after non- payment disconnect including turn-on of pilot lights) ... Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) .... Meter turn-on commercial/industrial, same day as requested by customer (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) ... 20 Ordinance No. 7998-0$tem # 13 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. 7998-0$tem # 13 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 t 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, $100.00 trip charge for same business day delivery 22 Ordinance No. 7998-0$tem # 13 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 to attempt to lev lize 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 notifications system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 ). If a person or company causes damage to an above or under ground pipeline facilities owned by Clearwater Gas System and through negligence or accident has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the 23 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 24 of 28 damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies. The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of rate and service application. To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination. It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions. The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) towards achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and service extension construction feasibility. Whenever a prospective customer requests a new gas service, the Clearwater 24 Ordinance No. 7998-0$tem # 13 Attachment number 1 Page 25 of 28 Gas System will extend service to the prospective customer under the following conditions: 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 .assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed gas equipment with 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. 7998-0$tem # 13 Attachment number 1 Page 26 of 28 contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency -within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of equipment to natural gas. The Clearwater Gas System will convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no cost to the customer, provided that the customers gas use is year round commercial industrial customer enter into a exclusively use the natural gas service of the Clearwater Gas System and this amount, when added to the other cost to serve amounts, still renders the project feasible. Relocation of gas service facilities. When alterations or additions to structures or improvements on -any premise, require the Clearwater Gas System to relocate metering, service line, or 26 Ordinance No. 7998-0$tem # 13 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. 7998-0$tem # 13 Attachment number 1 Page 28 of 28 Approved as to form: Frank V. Hibbard Mayor Attest: Laura Lipowski Cynthia E. Goudeau Assistant City Attorney City Clerk 28 Ordinance No. 7998-0$tem # 13 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 14 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 0. 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 # 14 Ordinance No. 8000-08 Attachment number 1 Page 2 of 2 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 Item # 14 Ordinance No. 8000-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 15 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); 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 Land Use Category Lot 7, Block B with that portion of vacated street Residential Low (RL) 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 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 8001-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 16 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 (LDR); 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 Zoning District Lot 7, Block B with that portion of vacated street Low Density Residential to north per O. R. Book 5408, Page 1481, Oak Acres (LDR) 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 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 16 Ordinance No. 8002-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 17 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; 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 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 Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 17 Ordinance No. 8008-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 18 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 Land Use Category Lot 29, Block 2, Virginia Grove Terrace First Residential Low (RL) 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 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 18 Ordinance No. 8009-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 19 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 Zoning District Lot 29, Block 2, Virginia Grove Terrace First Low Medium Density Addition, according to the map or plat thereof as Residential (LMDR) 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 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 19 Ordinance No. 8010-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 20 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. 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 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 20 Ordinance No. 8011-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 21 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 Land Use Category Lot 11, Block A, Cleardun, according to the plat Residential Urban (RU) 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 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 Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 21 Ordinance No. 8012-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 22 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 Zoning District Lot 11, Block A, Cleardun, according to the plat (Low Medium Density thereof recorded in Plat Book 13, Page 47, Public Residential (LMDR) Records of Pinellas County, Florida, together with one-half (1/2) right-of-way of Union Street (ANX2008-08015) 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 Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 22 Ordinance No. 8013-08 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 23 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 Ndtomi-c# 23 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 2008 , 2008 Signed: Frank Hibbard, Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.801iten # 23 Attachment number 2 CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN SECOND RESTATEMENT \388024\2 - # 507616 v4 Item # 23 Attachment number 2 Page 2 of 38 CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN ARTICLE I Definitions ...............................................................................................................2 1.1 "Account" or "Accounts" ..........................................................................................2 1 .2 "Administrator" .......................................................................................................... 2 1 .3 "Anniversary Date" .................................................................................................... 2 1 .4 "Annual Additions" .................................................................................................... 2 1 .5 "Code" ........................................................................................................................ 2 1 .6 "Compensation" ........................................................................................................ 2 1 .7 "Directed Investment Fund" ..................................................................................... 3 1 .8 "Effective Date" ......................................................................................................... 3 1 .9 "Employee" ................................................................................................................ 3 1 .10 "Employer" ................................................................................................................. 3 1 .11 "Employer Contribution Account" and "Employee Contribution Account ........... 3 1 .12 [This section intentionally left blank.] ...................................................................... 3 1 .13 "Limitation Year" ....................................................................................................... 3 1.14 "Normal Retirement Date" .........................................................................................3 1.15 "Participant" ...............................................................................................................3 1.16 "Plan" .........................................................................................................................3 1.17 "Plan Administrator" .................................................................................................4 1.18 "Plan Year" .................................................................................................................4 1 .19 "Pooled Investment Fund" ........................................................................................ 4 1 .20 "Rollover Contribution Account" ........................................................................... 4 1 .21 "Section 415 Compensation" .................................................................................... 4 1 .22 "Segregated Investment Fund" ................................................................................ 4 1 .23 "Trust" ........................................................................................................................ 4 1 .24 "Trust Agreement" ..................................................................................................... 4 \388024\2 - # 507616 v4 Item # 23 Attachment number 2 Page 3 of 38 1.25 "Trustee" ....................................................................................................................4 1.26 "Trust Fund" ..............................................................................................................4 1.27 "Valuation Date" ........................................................................................................4 1.28 "Valuation Period" .....................................................................................................4 ARTICLE II Establishment and Name of the Plan ...................................................................5 2.1 Name of Plan . ...........................................................................................................5 2.2 Exclusive Benefit . ....................................................................................................5 2.3 Mistake of Fact ...........................................................................................................5 2.4 Participants' Rights . ................................................................................................5 2.5 Qualified Plan . ..........................................................................................................5 ARTICLE III Plan Administrator ................................................................................................6 3.1 Administration of the Plan ........................................................................................6 3.2 Powers and Duties .....................................................................................................6 3.3 Direction of Trustee ...................................................................................................7 3.4 Conflict in Terms .......................................................................................................7 3.5 Final Authority ...........................................................................................................7 3.6 Appointment of Advisors and Delegation of Duties ................................................ 7 ARTICLE IV Eligibility and Participation .................................................................................. 8 4.1 Eligibility and Participation ....................................................................................... 8 4.2 Former Employees .................................................................................................... 8 4.3 Change of Eligibility Status ...................................................................................... 8 4.4 Military Service .......................................................................................................... 8 ARTICLE V Contributions to the Trust .................................................................................... 9 5.1 Employer Contributions ............................................................................................ 9 5.2 Form and Timing of Contributions ........................................................................... 9 5.3 Rollover Contributions .............................................................................................. 9 5.4 No Duty to Inquire ......................................................................................................9 \388024\2 - # 507616 v4 I I Item # 23 Attachment number 2 Page 4 of 38 ARTICLE VI Participants' Accounts and Allocation of Contributions .................................10 6.1 Common Fund .........................................................................................................10 6.2 Establishment of Accounts .....................................................................................10 6.3 Interests of Participants ..........................................................................................10 6.4 Adjustments to Accounts .......................................................................................10 6.5 Limitation on Allocation of Contributions ..............................................................11 ARTICLE VII Benefits Under The Plan ...................................................................................13 7.1 Retirement Benefit ...................................................................................................13 7.2 Termination of Employment 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 Direct Rollovers ....................................................................................................... 22 8.8 Withdrawals from Rollover Contribution Accounts ..............................................23 8.9 Withdrawals from Employer and Employee Mandatory Contribution Accounts.23 ARTICLE IX Trust Fund And Expenses Of Administration ..................................................24 9.1 Name of Trustee ......................................................................................................24 9.2 Expenses of Administration . .................................................................................. 24 ARTICLE X Amendment And Termination ............................................................................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 I I I Item # 23 Attachment number 2 Page 5 of 38 10.4 Termination Procedure ...........................................................................................25 ARTICLE XI Participant Direction Of Account Investment ...................................................26 11.1 Participant Directed Investments ...........................................................................26 11.2 Election Procedures ................................................................................................26 11.3 Failure to Designate ................................................................................................26 11.4 Charges and Credits ................................................................................................26 11.5 Procedures ...............................................................................................................27 ARTICLE XII Miscellaneous ....................................................................................................28 12.1 Alienation .................................................................................................................28 12.2 Governing Law .........................................................................................................28 12.3 Gender ......................................................................................................................28 12.4 Forfeiture of Benefits for Specified Offenses ........................................................28 12.5 Claims Procedures ..................................................................................................29 ARTICLE XIII Loans To Participants ......................................................................................31 13.1 Availability of Loans ................................................................................................31 13.2 Time and Manner of Repayment .............................................................................32 13.3 Default ......................................................................................................................33 \388024\2 - # 507616 v4 Iv Item # 23 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. WITNESSETH: 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 # 23 Attachment number 2 Page 7 of 38 ARTICLE I DEFINITIONS 1.1 "Account" or "Accounts" shall mean Contribution Account, Rollover Account and/or such established by the Plan Administrator. a Participant's Employer other accounts as may be 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 # 23 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 # 23 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 # 23 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 permitted by law, in no event shall any part of the principal or income of the Trust be paid to or reinvested in the Employer or be used for or diverted to any purpose whatsoever other than for the exclusive benefit of the Participants and their beneficiaries. 2.3 Mistake of Fact. Notwithstanding the foregoing provisions of Section 2.2, any contribution made by the Employer to this Plan by a mistake of fact may be returned to the Employer within one year after the payment of the contribution. 2.4 Participants' Rights. The establishment of this Plan shall not be considered as giving any Employee, or any other person, any legal or equitable right against the Employer, the Trustee or the principal or the income of the Trust, except to the extent otherwise provided by law. The establishment of this Plan shall not be considered as giving any Employee, or any other person, the right to be retained in the employ of the Employer. 2.5 Qualified Plan. This Plan and the Trust are intended to qualify under the Code as a tax-qualified employees' plan and trust, and the provisions of this Plan and the Trust are to be interpreted accordingly. 5 \388024\2 - # 507616 v4 Item # 23 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 may or 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 # 23 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 # 23 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 # 23 Attachment number 2 Page 14 of 38 ARTICLE V CONTRIBUTIONS TO THE TRUST 5.1 Employer Contributions. (a) Employer Contributions. For each Plan Year, the Employer shall contribute to the Trust on behalf of each Participant employed by the Employer an amount equal to: 15% of Compensation on behalf of the City Manager and the City Attorney; 14% of Compensation on behalf of the Chief of Police; and 8% of Compensation on behalf of management contract employees (excluding the Chief of Police) and Assistant City Attorneys. The Employer will make bi-weekly contributions to the Trust throughout the Plan Year to meet its funding obligations under the Plan. (b) Employee Mandatory Contributions. For each Plan Year, the City Manager and the City Attorney shall contribute an amount equal to 2% of Compensation and the Chief of Police shall contribute an amount equal to 6% of Compensation bi-weekly to the Trust. The mandatory contributions made by employees under the Plan shall be designated as employer contributions pursuant to Section 414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Employees' gross income for federal income tax purposes. For all other purposes of the Plan, such contributions shall be considered employee contributions. (c) Vesting. All Participants shall be immediately 100% vested in all contributions made pursuant to this Section. 5.2 Form and Timing of Contributions. Payments on account of the contributions due from the Employer for any Plan Year shall be made in cash. Such payments may be made by the Employer at any time. 5.3 Rollover Contributions. With the consent of the Plan Administrator and in such manner as prescribed by the Plan Administrator, the Trustee may accept a rollover contribution (as defined in the applicable sections of the Code, except that for this purpose "rollover contribution" shall be deemed to include both a direct payment from an Employee and a direct transfer from a trustee of another qualified plan in which an Employee is or was a participant). Rollover amounts shall be allocated to the Employee's Rollover Contribution Account and invested in accordance with the provisions of Article XI. The Trustee shall not accept a rollover contribution that is subject to the requirements of Sections 401(a)(11) and 417 of the Code. 5.4 No Duty to Inquire. The Trustee shall have no right or duty to inquire into the amount of any contribution made by the Employer or the method used in determining the amount of any such contribution, or to collect the same, but the Trustee shall be accountable only for funds actually received by it. 9 \388024\2 - # 507616 v4 Item # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 \388024\2 - # 507616 v4 Item # 23 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 # 23 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 # 23 Attachment number 2 Page 27 of 38 8.7 Direct Rollovers. (a) Notwithstanding any provisions of the Plan to the contrary that would otherwise limit a distributee's (as defined below) election under this paragraph, a distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution (as defined below) paid directly to an eligible retirement plan (as defined below) specified by the distributee in a direct rollover (as defined below). (b) For purposes of this paragraph, the following terms shall have the following meanings: (1) An "eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code, and the portion of any distribution that is not included in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) An "eligible retirement plan" is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) or 403(b) of the Code, a deferred compensation plan under Section 457 (b) of the Code or a qualified trust described in Section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) A "distributee" includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4) A "direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributee. 22 \388024\2 - # 507616 v4 Item # 23 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 # 23 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 # 23 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 administrative expenses of the Plan Administrator and the Trust; (c) shall reduce the then vested interest of a Participant; (d) shall reduce the Account of any Participant; or (e) shall increase the duties or liabilities of the Trustee without its written consent. 10.2 Amendment of Plan. Subject to the 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 # 23 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 # 23 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 Administrator 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 # 23 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) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft from the Employer; (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes (except §838.15 and §838.16); (5) The committing of an impeachable offense; (6) 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 \388024\2 - # 507616 v4 Item # 23 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 # 23 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 # 23 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 # 23 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 # 23 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 Cynthia E. Goudeau Assistant City Attorney City Clerk 33 \388024\2 - # 507616 v4 Item # 23 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 # 24 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 PROVIDING 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 and WHEREAS, the City is granted authority to amend the Premium Plan and the Cafeteria Plan; 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: Frank Hibbard, Mayor Leslie K. Dougall-Sides, Assistant City Attorney Attest: By: Cynthia E. Goudeau, City Clerk ordina"rn. A 248 Attachment number 2 CITY OF CLEARWATER CAFETERIA PLAN Item # 24 Attachment number 2 Page 2 of 32 TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PARTICIPATION 2.1 ELIGIBILITY ............................................................................................................ .........3 2.2 EFFECTIVE DATE OF PARTICIPATION .............................................................. ........3 2.3 APPLICATION TO PARTICIPATE ......................................................................... ........3 2.4 TERMINATION OF PARTICIPATION ................................................................... ........4 2.5 TERMINATION OF EMPLOYMENT AND CHANGE IN EMPLOYMENT STATUS ..................................................................................................................... ........4 2.6 DEATH ....................................................................................................................... ........4 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION ......................................................................................... ........5 3.2 APPLICATION OF CONTRIBUTIONS ................................................................... ........5 3.3 PERIODIC CONTRIBUTIONS ................................................................................. ........5 ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS ..........................................................................................................6 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT ..............................................6 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT ..........................6 4.4 NONDISCRIMINATION REQUIREMENTS ..................................................................6 ARTICLE V PARTICIPANT 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 # 24 \388024\5 - # 501541 v5 Attachment number 2 Page 3 of 32 ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN .................................................................. ......................11 6.2 DEFINITIONS ........................................................................................... ......................11 6.3 FORFEITURES .......................................................................................... ......................12 6.4 LIMITATION ON ALLOCATIONS ......................................................... ......................12 6.5 NONDISCRIMINATION REQUIREMENTS .......................................... ......................12 6.6 COORDINATION WITH CAFETERIA PLAN ........................................ ......................13 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS ....................... ......................13 ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT .......................................................................... .....14 7.2 DEFINITIONS ............................................................................................................ .....14 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ................................... .....15 7.4 INCREASES IN DEPENDENT 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 .......................................... 8.2 APPLICATION OF BENEFIT PLAN SURPLUS ... ARTICLE IX ADMINISTRATION .................................................19 .................................................20 9.1 PLAN ADMINISTRATION ............................................................................................20 9.2 EXAMINATION OF RECORDS ....................................................................................21 Item # 24 \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 # 24 \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 # 24 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 in Code Section 414(n)(2). 1.11 "Employee" means any person who is employed by the Employer. 1.12 "Employer" means City of Clearwater and any successor which shall maintain this Plan; and any predecessor which has maintained this Plan. 1.13 "Highly Compensated Employee" means an Employee described in Code Section 414(q) and the regulations thereunder. 1.14 "Key Employee" means an Employee described in Code Section 416(i)(1) and the regulations thereunder. 1.15 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 2 \388024\5 - # 501541 v5 Item # 24 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 PARTICIPATION 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 # 24 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 # 24 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 # 24 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 # 24 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 # 24 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 # 24 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 ("HIPAA"). Such change shall take place on a prospective basis, unless retroactive coverage is both permitted by HIPAA 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 # 24 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 # 24 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 HEALTH 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 # 24 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 770213(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 # 24 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 subject 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 # 24 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 # 24 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)(1) (or deemed to be, as described in Section 7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as defined in Section 7.2(d)(2) (or deemed to be, as described in Section 7.2(d)(2) pursuant to Section 7.2(d)(3)) who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment-Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a dependent of such Participant or such Participant's Spouse. (d) "Qualifying Dependent" means, for Dependent Care Flexible Spending Account purposes, (1) a Participant's Dependent (as defined in Code Section 152(a)(1)) who has not attained age 13; (2) a Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the Participant for more than one-half of such taxable year; or (3) a child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (e) The definitions of Article I of this Plan are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Flexible Spending Account. 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS The Administrator shall establish a Dependent Care Flexible Spending Account for each Participant who elects to apply for Dependent Care Flexible Spending Account benefits. 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be increased each pay period by the portion of his Compensation that he has elected to apply toward his 15 \388024\5 - # 501541 v5 Item # 24 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 ALLOWABLE DEPENDENT CARE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Flexible Spending Account, a Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. However, a Participant may only be reimbursed from such Participant's Dependent Care Flexible Spending Account to the extent the account balance is funded. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31st of each calendar year, the Employer shall furnish to each Employee who was a Participant and received benefits under Section 7.6 during the prior calendar year, a statement of all such benefits paid to or on behalf of such Participant during the prior calendar year. 7.8 FORFEITURES The dollar amount in a Participant's Dependent Care Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited by the Participant and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to Section 8.2. 7.9 LIMITATION ON PAYMENTS Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Flexible Spending Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)). 16 \388024\5 - # 501541 v5 Item # 24 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 # 24 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) If the services were being performed in a day care center, a statement: (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 if he 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 # 24 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 # 24 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 ADMINISTRATION 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 # 24 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 # 24 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 # 24 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 enforceable. 11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. 23 \388024\5 - # 501541 v5 Item # 24 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 FAMILY 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 # 24 Attachment number 2 Page 29 of 32 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance with HIPAA and regulations thereunder. 11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with USERRA and the regulations thereunder. 11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS (a) If the Health Flexible Spending Account under this Cafeteria Plan is subject to the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 164, the "Privacy Standards"), then this Section shall apply. (b) The Plan shall not disclose Protected Health Information to any member of the Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including information about treatment or payment for treatment. (c) Protected Health Information disclosed to members of the Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plan's administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care. (d) The Plan shall disclose Protected Health Information only to members of the Employer's workforce who are authorized to receive such Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the Plan. 25 \388024\5 - # 501541 v5 Item # 24 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. to: (e) The Employer must provide certification to the Plan that it agrees (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 \388024\5 - # 501541 v5 Item # 24 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 in 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 # 24 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 24 \388024\5 - # 501541 v5 Attachment number 3 CITY OF CLEARWATER PREMIUM PAYMENT PLAN Item # 24 Attachment number 3 Page 2 of 21 TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PARTICIPATION 2.1 ELIGIBILITY .............................................................................................. .......................3 2.2 EFFECTIVE DATE OF PARTICIPATION ............................................... .......................4 2.3 TERMINATION OF PARTICIPATION .................................................... .......................4 2.4 CHANGE OF EMPLOYMENT STATUS .................................................. .......................4 2.5 TERMINATION OF EMPLOYMENT ....................................................... .......................4 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 EMPLOYER CONTRIBUTION ................................................................. .......................5 3.2 SALARY REDIRECTION .......................................................................... .......................5 3.3 APPLICATION OF CONTRIBUTIONS .................................................... .......................5 3.4 PERIODIC CONTRIBUTIONS .................................................................. .......................6 ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS ....................................................... ...................................................6 4.2 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 PARTICIPANT 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 # 24 \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 # 24 \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 # 24 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 in 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 # 24 Attachment number 3 Page 6 of 21 Benefit. Plan. 1.15 "Insurance Contract" means any contract issued by an Insurer underwriting a 1.16 "Insurer" means any insurance company that underwrites a Benefit under this 1.17 "Key Employee" means an Employee described in Code Section 416(i)(1) and the regulations thereunder. 1.18 "Participant" means any Eligible Employee who becomes a Participant pursuant to Section 2.2 and has not for any reason become ineligible to participate further in the Plan. 1.19 "Plan" means this instrument, including all amendments thereto. 1.20 "Plan Year" means the 12-month period beginning January 1 and ending December 31. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.21 "Premium Expenses" or "Premiums" mean the Participant's cost for the Benefits described in Section 4.1. 1.22 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.2. 1.23 "Salary Redirection Agreement" means an agreement which is deemed to be entered into between the Participant and the Employer under which the Participant agrees to reduce his Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.24 "Spouse" means the legally married husband or wife of a Participant, unless legally separated by court decree. ARTICLE II PARTICIPATION 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 # 24 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 11 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 # 24 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 # 24 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 any one or more of the following optional Benefits: (1) Health Insurance Benefit (2) Dental Insurance Benefit (3) Vision Insurance Benefit (4) Other Insurance Benefits offered under the Plan 4.2 HEALTH INSURANCE BENEFIT (a) Each Participant may elect to be covered under a Health Insurance Contract for the Participant, his or her spouse, and his or her Dependents. However, if such Participant fails to elect a Health Insurance Benefit option, the Employer will automatically purchase an employee-only health insurance benefit for such Participant whereby the Employer incurs the lowest premium payment expense available to provide such health insurance benefit. (b) The Employer may select suitable Health Insurance Contracts for use in providing this health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) The rights and conditions with respect to the benefits payable from such Health Insurance Contract shall be determined therefrom, and such Insurance Contract shall be incorporated herein by reference. 6 \388024\5 - # 502202 v5 Item # 24 Attachment number 3 Page 10 of 21 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 # 24 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 # 24 Attachment number 3 Page 12 of 21 insurance benefit for such Participant whereby the Employer incurs the lowest premium payment expense available to provide such health insurance benefit. 5.3 CHANGE IN STATUS (a) Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, the changes are necessitated by and are consistent with a change in status which is acceptable under rules and regulations adopted by the Department of the Treasury, the provisions of which are incorporated by reference. Notwithstanding anything herein to the contrary, if the rules and regulations conflict with the provisions of this Plan, then such rules and regulations shall control. In general, a change in election is not consistent if the change in status is the Participant's divorce, annulment or legal separation from a spouse, the death of a spouse or dependent, or a dependent ceasing to satisfy the eligibility requirements for coverage, and the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. If the Participant's spouse or dependent loses eligibility for coverage, then a Participant's election under the Plan will decrease coverage for that individual under the Plan. In addition, if the Participant's spouse or dependent gains eligibility for coverage, then a Participant's election under the Plan for coverage will increase for that individual under the Plan. Regardless of the consistency requirement, if the individual, the individual's spouse, or dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Public Health Service Act (42 USC 300bb-1 et. seq.) or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. However, this does not apply for COBRA eligibility due to divorce, annulment or legal separation. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than the first pay period beginning after the election is properly executed in accordance with the procedures established by the Administrator. For the purposes of this subsection, a change in status shall only include the following events or other events permitted by Treasury regulations: (1) Legal Marital Status: events that change a Participant's legal marital status, including marriage, divorce, death of a spouse, legal separation or annulment; (2) Number of Dependents: Events that change a Participant's number of dependents, including birth, adoption, placement for adoption, or death of a dependent; 9 \388024\5 - # 502202 v5 Item # 24 Attachment number 3 Page 13 of 21 (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 ("HIPAA"). Such change shall take place on a prospective basis, unless retroactive coverage is both permitted by HIPAA 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 # 24 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 # 24 Attachment number 3 Page 15 of 21 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 ADMINISTRATION 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 # 24 Attachment number 3 Page 16 of 21 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 # 24 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 # 24 Attachment number 3 Page 18 of 21 9.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 9.7 EMPLOYER'S PROTECTIVE CLAUSES (a) Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence, gross neglect or otherwise), the Participant's Benefits shall be limited to the insurance premium(s), if any, that remained unpaid for the period in question and the actual insurance proceeds, if any, received by the Employer or the Participant as a result of the Participant's claim. (b) The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any loss which may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. 9.8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 9.9 INDEMNIFICATION OF EMPLOYER BY 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 # 24 Attachment number 3 Page 19 of 21 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 # 24 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 # 24 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 William B. Horne II Mayor City Manager Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 24 \388024\5 - # 502202 v5 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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 # 25 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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 # 26 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 Approve conceptual plan for Phase 11 of Cleveland Street Streetscape, authorize staff to establish a new capital project 315/388- 92275, Downtown Streetscape Phase 11 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) 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 11 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 11 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 11 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 Cover Memo Item # 27 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 11 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 11. $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 11. $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 May 2009 Complete Bid and Council Award August 2009 Start Construction September 2009 Complete Construction September 2010 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes 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 11 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 11. • $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 11. $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: $4,028,925 Not to Exceed: For Fiscal Year: to Appropriation Code Amount 315/388-92275 $4,028,925 Bid Required?: Yes Annual Operating Cost: Total Cost: Appropriation Comment See Budget Adjustment Comment Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 1 Capital Improvement Project Checklist - FY 08/09 11/3/2008-10:02 AM Estimated Capital Costs: Estimated Cost L Land Acquisition A. Land Survey B. Property Appraisal C. Closing & Title Costs Total Land Acquisition - CONSTRUCTION COSTS QI, III, IVl IL Professional Services A. Architect B. Engineer C. Legal D. Consulting 196,000 E. Project Management (both external and internal) 110,477 F. Marketing, feasibility, financial, traffic, other study Total Professional Services 306,477 III. Site Development A. Contamination Assessment B. Permits (E.P.A., F.D.E.P., SWFWMD, County, City, etc.) C. Fees (Impact, proprietary, other) D. Demolition Total Site Development - IV. Construction A. Outside Contractors 3,682,558 B. Internal City Departments: 1. Site work- Public Works 2. Parking- Traffic 3. Landscaping- Parks and Recreation 4. Building Services-General Services C. CEI (Construction Engineering & Inspection) Total Construction 3,682,558 SUBTOTAL - CONSTRUCTION COSTS 3,989,034 V. Furniture, Machinery & Operating Equipment Total Furniture, Mach, & Operating Equip - VI. Other Costs A. Public Art Total Other Costs 39,890 GRAND TOTAL 4,028,925 Item # 27 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.O.T./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- LIB 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 # 27 Attachment number 3 Page 1 of 1 CLEVELAND STREET STREETSCAPE PHASE I 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 Signalization: 524,770.00 Hardscape: (asphalt, concrete & pavers) 1,612,075.00 Site Amenities: Decorative Signs: 314,400.00 14,500.00 92,750.00 300,000.00 727,397.00 63,300.00 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 Project 1,800 LF 2,640 LF Cost Per LF 3,607.91 1,394.90 Item # 27 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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-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. 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 1) Office of Management and Budget 2) Human Resources 3) Office of Management and Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 28 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 # 28 Attachment number 1 Page 2 of 58 W. A . 4voeW 1:4) LJ Our Mission is to work cooperatively with labor and management to provide cost effective, top quality Emergency services while ensuring and improving the safety and benefits for our Members Item # 28 Attachment number 1 Page 3 of 58 Page No. Preamble ............................................................................................................................1 ARTICLE 1 Recognition and General Provisions ..............................................................1 Section 1 Exclusive Bargaining Agent ............................................... ...............................1 Section 2 New Classifications ............................................................ ...............................1 Section 3 Contract Constitutes Entire Agreement .............................. ...............................1 ARTICLE 2 Representatives of Parties ...............................................................................1 ARTICLE 3 Rights of Parties ...............................................................................................2 Section 1 Management Rights ............................................................ ...............................2 Section 2 Emergency Conditions ........................................................ ...............................2 Section 3 Union Rights ....................................................................... ...............................2 Stewards .............................................................................. ...............................2 Checkoff .............................................................................. ...............................3 Posting of Agreement ......................................................... ...............................3 Bulletin Boards ................................................................... ...............................3 Section 4 No Discrimination ............................................................... ...............................4 ARTICLE 4 No Strike ...........................................................................................................4 ARTICLE 5 Labor-Management Cooperation ...................................................................4 ARTICLE 6 Grievance Procedure .......................................................................................5 Section 1 Definition ............................................................................ ...............................5 Section 2 Filing Procedures ................................................................ ...............................5 Section 3 Arbitration ........................................................................... ...............................6 Section 4 Grievance Initiated by the City ........................................... ...............................7 Section 5 Time Limit Exceptions ....................................................... ...............................7 Section 6 Grievance Initiated by Employee ........................................ ...............................7 ARTICLE 7 Personnel Practices ..........................................................................................7 Section 1 Shift and Inspection Schedules ........................................... ...............................7 Section 2 Work Schedule Adjustments ............................................... ...............................8 Section 3 Scheduling Overtime .......................................................... ...............................8 Section 4 Exchange of Duty Time (Swaps) ........................................ .............................10 Section 5 Call-In, Holdover, and Court Time ..................................... .............................10 Section 6 Daylight Savings Time ....................................................... .............................11 Section 7 State EOC/FEMA Deployment ........................................... .............................1 l Section 8 Pay Plan Administration ..................................................... .............................12 Promotions .......................................................................... .............................12 Demotions ........................................................................... .............................12 Acting Pay ........................................................................... .............................13 Fair Labor Standards Exemption ........................................ .............................14 Item # 28 Attachment number 1 Page 4 of 58 Page No. ARTICLE 7 Personnel Practices (cont.) Section 9 Promotional Process ......................................................................................... 14 Announcements ................................................................................................ 14 Eligibility ......................................................................................................... 14 Disqualification of Applicants ......................................................................... 15 Scope and Character of Evaluation Process ..................................................... 15 Notification of Results ..................................................................................... 16 Appeals from Ratings ...................................................................................... 16 Section 10 Open and Promotional Eligibility Lists ........................................................... 16 Section 11 Appointments ................................................................................................... 16 Section 12 Probation .......................................................................................................... 17 Section 13 Light Duty ........................................................................................................ 18 Section 14 Line-of-Duty Injury Pay .................................................................................. 18 Section 15 EMS Classifications ......................................................................................... 20 Section 16 Firefighter/Driver-Operator ............................................................................. 21 Section 17 Work Rules and Prevailing Rights ................................................................... 21 Section 18 Subcontracting ................................................................................................. 22 Section 19 Indemnification ................................................................................................ 22 Section 20 Sports Activities On Duty ................................................................................ 22 Section 21 Lawn Maintenance ........................................................................................... 22 Section 22 Physical Examination ....................................................................................... 23 Frequency of Physicals .................................................................................... 23 Types of Exams ................................................................................................ 23 Immunizations and Inoculations ...................................................................... 23 Physical Fitness ................................................................................................ 23 Department Physician ...................................................................................... 23 Wellness Re-Opener ........................................................................................ 23 Section 23 Residency Requirement ................................................................................... 24 Section 24 Tobacco Product Usage ................................................................................... 24 ARTICLE 8 Leaves of Absence .......................................................................................... 24 Section 1 Holidays ........................................................................................................... 24 Observed Holidays ........................................................................................... 24 Floating Holidays ............................................................................................. 24 Selection of Floating Holidays ......................................................................... 25 Payment for Floating Holidays ........................................................................ 25 Conversion of Floating Holidays to Personal Leave ....................................... 25 Section 2 Vacation ........................................................................................................... 26 Accrual of Vacation 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 # 28 Attachment number 1 Page 5 of 58 Page No. ARTICLE 8 Leaves of Absence (cont.) Section 3 Sick Leave ........................................................................................................ 30 Accrual of Sick Leave ...................................................................................... 30 Payment for Unused Sick Leave ...................................................................... 31 Sick Leave Incentive Program ......................................................................... 33 Sick Leave Pool ............................................................................................... 33 Section 4 Funeral Leave ................................................................................................... 34 Section 5 Absence Without Leave ................................................................................... 35 Section 6 Time Off From Duty ........................................................................................ 35 Section 7 Right to Contribute Work ................................................................................ 36 Section 8 Integrated Disability Management Re-Opener ................................................ 36 ARTICLE 9 Wages and Compensation ............................................................................. 36 Section 1 Pay Schedule .................................................................................................... 36 Section 2 Pay Schedule Format ....................................................................................... 37 Section 3 Merit Step Review ........................................................................................... 38 Section 4 Rates of Pay ..................................................................................................... 38 Section 5 Annual Personal Resource Allowance ............................................................. 39 Section 6 Mileage Reimbursement .................................................................................. 39 Section 7 Special Teams .................................................................................................. 40 Section 8 EMS Wages ..................................................................................................... 41 Section 9 Training and Tuition Refund ........................................................................... 42 Section 10 Clothing and Equipment .................................................................................. 43 Section 11 Standby ............................................................................................................ 44 Section 12 Paycheck Issuance ........................................................................................... 45 ARTICLE 10 Insurance ........................................................................................................ 45 ARTICLE 11 Performance and Discipline ..........................................................................46 ARTICLE 12 Drug and Alcohol Policy ................................................................................ 46 ARTICLE 13 Retirement ...................................................................................................... 47 ARTICLE 14 Seniority, Layoff, and Recall ......................................................................... 47 Section 1 Seniority ........................................................................................................... 47 Section 2 Layoffs ............................................................................................................. 48 Section 3 Reemployment Rights ...................................................................................... 48 Section 4 30-Day Notification ......................................................................................... 48 ARTICLE 15 Duration, Modification, and Termination ................................................... 50 Section 1 Amendments .................................................................................................... 50 Section 2 Severability and Waiver ................................................................................... 50 Section 3 Duration ........................................................................................................... 50 APPENDIX A Wages ................................................................................................................ i Item # 28 Attachment number 1 Page 6 of 58 PREAMBLE This Agreement is entered into by the City of Qearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union!'. The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement betweerl the parties concerning wages, rates of pay, hours of wurl, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Exclusive Bargaining Agent The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Comrr-ussion 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 City and the Union agree to establish new j ob classifications within the Fire Department which maybe 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 Clarification Petition to the Public Employees Relations Comrr-ussion and shall negotiate appropriate wage rates, hours, and terms and conditions of employment for such classification Section 3. Contract Constitutes Entire Agreement of the Parties This Agreement 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 term except as may be otherwise specifically provided herein However, the Parties agree that the City Employees Pension Plan maybe separately negotiated at any time upon mutual agreement of both parties. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City 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 Agreerruit. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this agreement, 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. Item # 28 Attachment number 1 Page 7 of 58 Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees 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 employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee'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 City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its deparhnents or other divisions; to select and direct the working force in accordance with requireinents determined by the City, to create, modify or discontinue j ob classifications; to establish and change working rules and regulations; to establish and change work schedules and assigninents, to transfer, promote or demote employees; to lay off, furlough terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2. Emergency Conditions If in the sole discretion of the City Manager or Mayer 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 City 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 employee working in the classification of Fire Inspector shall be represented by the "on duty" or other union official. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief or his/her specifically designated representative, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. 2 Item # 28 Attachment number 1 Page 8 of 58 All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. B. Checkoff: The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deductiori? the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union The Union shall indernnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Section The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. In the event an employee's salary earnings 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 employee. C. Posting of Agreement: The City 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 amount of copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the Union The Union agrees, within 30 days after receipt of copies of this Agreeinent, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each newbargaining unit member within 30 days of their becoming a bargaining unit member or allow the City to retain copies to provide at new employee 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 which shall be mutually agreed upon prior to printing. The City and the Union shall agree on the format. D. Bulletin Boards: The City 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 meetings or other official Union information; provided, the Assistant Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this Section, such posting shall be modified to the mutual agreement of the parties. The District Chief will continue to include the Union notices in the intradepartmental mail which he/she delivers to the stations. Item # 28 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 employees covered herein without regard to race, color, religion, sex, national origin, membership or non membership in labor organization, or age, as provided by law Any claim of discrimination under Federal or State civil rights laws by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall be subject only to the method of review prescribed by law Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreeinent, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slowdowry sit dowry work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees 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 employees covered by this Agreement within the City's Fire Department 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 would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Section 3. Should any member 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 t committee for both IAFF Local 1158 bargaining units. The committee shall consist of an equal number of members of each party not to exceed a total of eight (8) members. It 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 &,cussion and input from both sides on matters that maybe mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation 4 Item # 28 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 Agreement, 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 Agreement or Civil Service Rules and Regulations upon which 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. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assigninents, scheduling, or access to training opportunities during the probationary period Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. A grievant is prohibited by law from filing an appeal with the Civil 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 employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified hoNwver only the spokesperson needs to sign the grievance. For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 am. to 5:00 p.m. and nom-al workdays shall be considered Monday through Friday, holidays excepted STEP 1 The grievant shall present his/her grievance in writing to his/her Assistant Chief or Fire Marshal within 10 work days after the grievant has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Assistant Chief or Fire Marshal shall arrange for a ineeting with the grievant within 10 wUrk 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 Chief or Fire Marshal shall review the grievance and submit a decision in writing to the grievant within 10 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance maybe appealed to Step 2. Item # 28 Attachment number 1 Page 11 of 58 STEP 2 If the grievance is not settled at the first step, the grievant shall, within 10 wUrk days 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 concerning the alleged grievance and shall, within 10 wUrk days following receipt of the written grievance, meet with the grievant. The Fire Chief or his/her designee shall reviewthe grievance and notify the grievant of his/her decision in writing not later than 10 work days following the meeting day. If the grievance is not resolved at Step 2, the grievance maybe appealed to Step 3. STEP 3 If still unresolved the grievance maybe submitted to the City Manager or his/her designee within 10 wUrk days 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 City Manager at the time 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 work days of the request. The City may deternne who shall meet with the employee. Within 10 work days of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision If no meeting is requested by the grievant at the time of submission of the grievance to the City Manager or designee, the City Manager or designee shall notify the employee of his/her decision in writing within 10 wUrk days of receipt of the grievance. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed 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 grievances. 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 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven names of qualified arbitrators. After the receipt of such a list, representatives of the parties shall meet and each party shall strike three names. A flip of the coin shall determine who shall strike the first name, and then the other party shall strike a name. The process shall then be repeated until 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 own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City 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 power to add to, subtract from modify or alter the terms of this Agreement. B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within 30 calendar days from the close of the hearing or as otherwise agreed to by both parties. 6 Item # 28 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 which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between 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 which the City contends is/are not properly being carried out by the Union If not resolved within 10 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Section 5. All of the time limits contained in this Article may be extended by mutual written consent of the parties. Section 6. If an employee chooses to process his/her own grievance, the Union must be invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4) ARTICLE 7 PERSONNEL PRACTICES Section 1. Work Schedule A. Hours and Days of Work Shifts shall start at 8:00 AM each work day and end at 8:00 AM the following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below): Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work etc. B. Inspection Division Fire Inspectors will work 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 lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift which, in his/her judgment, provides for most effective departmental operations. C. Employees will be awarded a Kelly Day for every 18 days worked. This means they will be scheduled to work 18 consecutive shift days and will be scheduled off the 19t11 scheduled shift day. This will result in a 53.0526 hour work week 7 Item # 28 Attachment number 1 Page 13 of 58 Section 2. New and existing employees maybe reassigned for Light Duty, training, out-of- area deployments, or voluntary special project opportunities. Employees shall continue to be paid their standard biweekly pay during such assignments. All hours actually worked during such assignments 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. Department policy may require the scheduling of overtime. The departinent shall attempt to equalize overtime to the extent practicable. The selection of certified and/or trained individuals maybe required and shall be allowed. The current practices regarding overtime compensation shall be paid as defined in this Agreement. The duties detailed below shall be performed at the Fire District Chief or Fire Assistant Chief level except as otherwise assigned by the Fire Chief or his/her designee. A. Overtime Lists 1. Relief (employees assigned to the same job classification who are coming off of a shift) and Back- up (employees assigned to the same job classification who are on four days 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 updated daily by an assigned Fire District Chief or Fire Assistant Chief. 3. The lists shall consist of those employees who elect to work overtime. At the start of each shift, employees shall notify the Fire District Chief or Fire Assistant Chief if they desire to be eligible for overtime on subsequent shifts. 4. Names 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 worked 2. Employees who refuse an overtime assignment when contacted between 7:30 and 8:00 arn 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 working a shift of less than 8 hours. 4. Inability to contact an employee who has agreed to be available shall not be cause for adding credits. 5. Credits shall be deducted when an overtime shift for which an employee is scheduled is canceled 6. New employees shall be placed on the list after six months 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 employees in the same classification on the list at that time. 7. Overtime credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial overtime assigninents each year shall be made on the basis of Department seniority among employees in the same classification on the list. 8 Item # 28 Attachment number 1 Page 14 of 58 C. Selection Procedures Every effort shall be made by the Department to complete the necessary assessments 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 adrAnistration and completion of the assessment process as directed by the Department and shall be accountable for the doing so in accordance with Department guidelines. 1. The Fire District Chief or Fire Assistant Chief shall be responsible at the beginning of each shift for the assigrunnent of on duty personnel to provide adequate coverage within the Department's n-unmum staffing requirements. Employees who are on current eligibility lists or who are placed on established "Acting" eligibility lists upon meeting the minimum qualifications and having been deemed qualified by the Department for the necessary classification shall be transferred, assigned laterally, or utilized in an Acting capacity prior to the scheduling of overtime. E mployees shall be chosen who will result in the least amount of disruption to operations, first from those employees who are on the respective eligibility list and who have been determined qualified by the Department, then from those employees on the "Acting" eligibility list who have been determined qualified by the Department. When the number of on duty personnel is sufficient to provide coverage to meet the Department's minimum staffing requirements, no assigrun-ient of an individual to an Acting capacity shall occur if it will result in the necessity of overtime. Should the number of on duty personnel be below the established n-unmum staffing threshold the Fire District Chief or Fire Assistant Chief shall be responsible for the scheduling of overtime by contacting the appropriate employee position for position by classification who has the lovest number of credits on the list. 2. The Fire District Chief or Fire Assistant Chief shall attempt to fill the overtime position by utilizing the "Relief" list and then by the "Back up" list. 3. Should no employee in the necessary classification be available from either the Relief or Backup list, then the Fire District Chief or Fire Assistant Chief shall attempt to fill the position by utilizing an employee on his/her own shift who is on the eligibility list for the classification If the Fire District Chief or Fire Assistant Chief is successful, he/she shall then attempt to fill the newly created opening by proceeding from step 1 above. 4. If the Fire District Chief or Fire Assistant Chief is unsuccessful in step 3, he/she shall attempt to fill the position by utilizing an employee from the overtime lists who has the lovest number of credits and is on the eligibility list and who has been determined qualified by the Department for the necessary classification 5. If the Fire District Chief or Fire Assistant Chief is unsuccessful in step 4, he/she shall attempt to fill the position by utilizing an employee who meets the minimum eligibility requirernents and who has been detem-ined qualified by the Department for the necessary classification first from his/her own shift and then from the overtime lists. 6. Failing all of the above, the Fire District Chief shall contact the applicable Fire Assistant Chief to determine whether the affected unit maybe taken out of service. 9 Item # 28 Attachment number 1 Page 15 of 58 Section 4. Employees within the Department may exchange on duty time upon the following conditions: A. That the person filling in be acceptable to the company officer and shift conuronder 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 emergency situations. C. That no person may be allowed to exchange more than 120 hours per fiscal year unless the Fire Assistant Chief or Fire Deputy Chief /Operations in his/her discretion allows persons to exceed such limitation D. That the member working the time will be covered by all applicable benefits in case of injury while 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 n-ff ber is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City 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/Holdover/Court Time A. When an employee 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 City may require the employee 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 City. B. When an employee 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 worked The employee shall be guaranteed pay at the overtime rate for actual time worked with no minimum guarantee. The City may require the employee to remain on duty as long as the employee is needed, at the option of the City. 10 Item # 28 Attachment number 1 Page 16 of 58 C. Any employee whose 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 tvD hours pay if such attendance is during the employee's off-duty hours. This time will be counted as hours worked toward the calculation of overtime. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attomey's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. D. Employees who participate in meetings or on committees at the request of the City shall have all such time counted as hours worked 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 meetings or on City committees. Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period The additional hour actually worked 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 actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period The additional hour not actually worked shall count as hours actually worked 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 employee shall be entitled to credit for the additional hour in the Fall. Section 7. State EOC/FEMA Initiated Emergency Deployment It 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 employee 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. Employees subject to such deployments shall not suffer a loss of any regular pay the employee would otherwise have received if not dispatched as a result of the assiMn- ent. However, any pay above and beyond the employee'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 employees at the time of assipment. Employees who are deployed 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 # 28 Attachment number 1 Page 17 of 58 Section 8. Pay Plan Administration A. Promotions: 1. Upon promotion from one classification to a higher level classification, an employee shall be placed into the step number in the higher level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Firefighter wDuld be promoted into Step 6 of the Fire Medic range or a Step 5 Fire Medic would be promoted into Step 5 of the Fire Lieutenant range), except for promotions to the classification of Fire District Chief, whereby employees who are promoted shall be placed at the Fire District Chief pay range minimum or shall receive a 5% promotional increase, whichever results in a greater increase in pay. Any portion of the promotional increase which, when annualized, exceeds the established pay range maximum shall be paid as a one time lump sum bonus payment, and such employee's base rate of pay shall be adjusted to the pay range maximum. Under no circumstances will the employee's promotional base rate of pay exceed the established pay range maximmum. 2. A higher level classification shall be deemed to be one having a higher rrod num rate of pay. A promoted employee shall maintain his/her existing annual performance review date for the purpose of detennnining eligibility for subsequent annual performance review. 3. If an employee was among personnel "grandfathered-in' subsequent City-IAFF Contracts, such employee shall, accordance with paragraph A above and shall thereafter supplement to the newbase pay in the higher class. B. Demotions: to E.MT. pay by the original and upon promotion, be promoted in have the E.MT. pay added as a 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, shall be placed into the step number in the lower level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Fire Medic would be demoted into Step 6 of the Firefighter range or a Step 5 Fire Lieutenant would be demoted into Step 5 of the Firefighter/Driver-Operator range). An employee may be allowed with the prior approval of the Fire Chief, to demote only to a lower level classification for which a position vacancy exists and for which the employee meets the minimum eligibility requirements at the time of demotion A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance review. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. A lower level classification shall be deemed to be one having a lower maximum rate of pay. For non voluntary, non disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/she was demoted 12 Item # 28 Attachment number 1 Page 18 of 58 2. An employee who is appointed from laWff from the reemployment list to a position in the department in which he/she previously served shall be paid at the step in the pay range which is equivalent to the step he/she was receiving when he/she was separated and shall be eligible for advancement to the next step when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation An employee who is appointed from the reemployment list to his/her previous higher level classification after having taken a non voluntary, non disciplinary demotion shall be placed into the corresponding step in the higher level classification that is the same as the step number to which 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 review. 3. An employee who is appointed from the reemployment list to a position in another department than that in which he/she was previously employed maybe paid at the same step or rate of pay in the pay range as that which he/she was being paid when separated or any step or rate of pay within the range which is not above the step or rate of pay at which he/she v,7as previously paid C. Acting Pay 1. Acting pay shall be provided to any employee who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. An employee shall be deemed 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 "Acting" eligibility list upon being determined, after agreeing to participate in a process to be conducted by the Department, to meet guidelines established by the Department for the higher level classification The Fire District Chief or Fire Assistant Chief shall fill Acting assignments when the Department is at or above minimum staffing levels by choosing employees who will result in the least amount of disruption to operations and in accordance with Article 7, Section 3, C. 2. Acting Pay shall be 5% above the employee's current base rate of pay. 3. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned transferred demoted or promoted to any position not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. 13 Item # 28 Attachment number 1 Page 19 of 58 Any employee who has elected to be included on the established "Acting" eligibility list may, with 30 days notice, be voluntarily removed from the list. The Department at its discretion may at any time remove an employee from the "Acting" eligibility list. The Department will provide the employee with the reason for removal from the list. Those Paramedic certified employees who are assigned to the non Paramedic classifications of Firefighter and Firefighter/Driver-Operator, and who elect to voluntarily be removed from the "Acting" eligibility list and no longer be eligible for a Paramedic certification pay differential, shall not be permitted to request reinstatement to the established "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 deternunes that an insufficient number of employees are willing or qualified to serve in an Acting capacity for a given job classification, the Union agrees to &,class anct if necessary, negotiate changes or impacts as required by law This includes but is not limited to changes such as qualification requirements for classifications and promotion, modification of external hiring and employment criteria, modification or elimination of job classifications, or changes to Acting requirements. D. Fair Labor Standards, Section 7(k) Exemption 1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exerroon, has established a 27-day work cycle for employees in the bargaining unit who work 112 hours biweekly. 2. All employees in the bargaining unit, with the exception of Fire Prevention Inspector, shall be paid overtime only for all regular hours actually worked in excess of 204 hours during the designated 27- day work cycle. Fire Prevention Inspectors assigned to a 40-hour weekly schedule shall be eligible for overtime for all hours actually worked in excess of 40 hours per work week Section 9. Promotional Process A. Promotional evaluation announcements will be posted in each station at least 30 days prior to the filing deadline. B. Each announcement of a promotional evaluation shall state: 1. The title of the class for which the eligibility list is to be created 2. The nature of the work to be performed 3. The minimurn qualifications which maybe required for ad nussion to the evaluation process. 4. The general scope of the evaluation process to be used C. Eligibility for promotional evaluation processes may be restricted to persons employed in designated lower classes and/or in designated organizational units. 14 Item # 28 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 requirements 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 unsatisfactory service in City employment or elsewhere for the past tv D years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/she is applying. 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 lams. 6. Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional evaluation process or whose 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 applying to promotional evaluation processes: a) All promotional 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 which appointment is to be made. c) Evaluation processes maybe written, oral, physical or perfornmce, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral 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 # 28 Attachment number 1 Page 21 of 58 F. Notification of Results Each candidate shall be notified in writing of his/her name 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 upon 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 employee and one-half by the Fire Department. G. Appeals from Ratings 1. Any candidate who 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 judgment, exists. The Human Resources Director shall thereupon conduct a review If upon review, errors other than error of judgment, are found 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, hover no change made in the ratings 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 who may be lawfully promoted or appointed shall be placed in alphabetical order on an open or promotional list which will be posted in the Department. All employees deemed eligible through the evaluation process shall be placed on the appropriate eligibility list for a period of tv D years from the date of placement 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 when concurrent eligibility lists exist. Section 11. Appointments A. Selection from the open or promotional list 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, knowledge, character, physical fitness, and other qualifications. B. Selection criteria shall be announced at least 30 days prior to the selection process. 16 Item # 28 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 which appointment is to be made; may be written, oral, physical, performance, 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 discrirninatory 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 counsel with any eligible employee who is not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified Section 12. Probation A. A newly hired employee or an employee promoted from a class outside the bargaining unit to a class within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the j ob. In the event the employee is, for any reason, absent from duty for any reason other than floating holidays or on light duty for an acctunulated period equal to two veeks scheduled wDrk hours or more, then all such time shall be added to the probationary period B. A newly hired employee who, during the probationary period does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated An employee promoted from a class outside the bargaining unit to a class within the bargaining unit who, during the probationary period does not demonstrate suitability for the class as determined by the Fire Chief, shall be returned to his/her position held prior to the promotion or to another position at the same or lover level for which the employee is determined to be qualified provided there is no cause for dismissal. An employee shall not have access to the grievance procedure regarding the ter in tion during probation C. An employee promoted 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 which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accurr elated period equal to one veek scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period D. An employee promoted from a class within the bargaining unit to a class within the bargaining unit who, 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 demoted to his/her former classification A promoted employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non successful probationary period and his/her return to his/her former position 17 Item # 28 Attachment number 1 Page 23 of 58 Section 13. Light Duty Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which 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 maybe assigned to light duty. 56-hour schedule employees placed on light duty shall continue to be paid their standard biweekly pay in accordance with Article 7, Section 2. All hours actually worked while in a light duty status shall be counted toward overtime at the end of the FLSA cycle in accordance with Article 7, Section 8., D. Employees who are authorized time off while assigned to light duty shall have the number of hours equivalent to the time off deducted from the applicable leave balance. Employees injured on duty who are approved for light duty shall continue to receive Special Teams pay if applicable. For off duty injuries, Special Teams pay shall cease after 90 calendar days of assignmimt to light duty. 40-hour schedule employees shall maintain their 40-hour schedule while on light duty. All employees on light duty shall have their medical status reviewed periodically as directed by the City to determine whether maximum medical improvement has been achieved and/or the employee is fit to return to full duty. If needed the City may require a second medical evaluation; and if so required this shall be done at the Cit?s expense. Light duty assigrunnents maybe 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 following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Compensation shall be payable under this section only with respect to disability as the result of q ury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C. The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. D. No compensation under this section shall be allowed for the first seven calendar days of disability; provided however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the conunencement of the disability. (It is understood that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) E. The term disability as used in this section means incapacity because of the line-of-duty iq ury to earn in the same or any other employment the wages which the employee was receiving at the time of q ury. 18 Item # 28 Attachment number 1 Page 24 of 58 F. It is the intent of this section to provide supplemental compensation for line-of-duty injuries 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 under the Florida Workers' Compensation Law shall control. G. The maximmuun period for which payment may be made under this section shall be 90 calendar days from the date of inj try for each inj ury including recurrences thereof. If the employee's inj ury results in disability for more than 21 calendar days, no payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. H. Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above, howwver, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty inj ury pay is provided I. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division J. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. K. Upon return from wDrking a fire, the employee may request a physical exarnination by the City physician to ensure the employee is stable and capable of returning to work This right may be rescinded on an individual basis if repeatedly abused L. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. 19 Item # 28 Attachment number 1 Page 25 of 58 Section 15. EMS Classifications A. The paramedic classifications of Fire Medic and Fire Medic Lieutenant are employees within the City's Fire Department who are appointed by the Department to perform emergency medical services in an emergency medical services program and who have successfully completed and passed a Paramedic training program recognized by the Department and approved by Florida Statute and the Pinellas County Medical Director's office. A Fire Medic is a classification which is responsible for maintaining EMS equipment 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 City cease to operate emergency medical services, those employees classified as Fire Medic or Fire Medic Lieutenant shall continue to be employed by the City on the same basis as any other employee in the bargaining unit, provided that employees who are demoted shall have their compensation fixed at the same step in the respective range as that which they are assigned in their classification prior to demotion Employees assigned through initial hire or promotion to the classifications of Fire Medic and Fire Medic Lieutenant are required to maintain the appropriate Paramedic certifications as determined by the Department as a condition of continued employment. Depending on the staffing level of Department Paramedic positions and the availability of vacancies in non Paramedic positions, Fire Medics and Fire Medic Lieutenants may be permitted to voluntarily demote to non Paramedic positions for which they are determined by the Department to be qualified with the corresponding reduction in pay in accordance with Article 7, Section 8. Approval of such demotions shall be at the sole discretion of the Fire Chief. If voluntary demotion is not approved by the Fire Chief and there is no other vacant position in the City for which such an employee is deemed by the City to be qualified the employee maybe subject to applicable provisions of the Cityfs policies and procedures. The City reserves the right to hire into the classification of Fire Medic new employees who possess the appropriate Paramedic certifications, and to require that such certifications be maintained as a condition of continued employment. C. EMS Status 1. The Fire Department and all bargaining unit members shall comply with Florida Statutes and the Pinellas County EMS Rules and Regulations regarding Quality Assurance and ACLS 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 Civil Service appeal procedure when the demotion or removal of pay is based upon clinical or ethical issues in the judgment 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 EMS. 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 Civil Service appeal procedure when the demotion or removal of pay is based upon the judgment of the Department that the affected employee was not performing to the standards desired by the Department or the Pinellas County Medical Director. 20 Item # 28 Attachment number 1 Page 26 of 58 4. The demotion of a Fire Medic or Fire Medic Lieutenant or the removal of Paramedic certification pay shall be subject to the contractual grievance procedure or the Civil Service appeal procedure only if such demotion or removal of pay is the result of a disciplinary action 5. The Arbitrator shall not have the pov er to substitute his/her judgment for that of the Department or the Medical Director with whom Fire Medics and Fire Medic Lieutenants vwrk in relation to performance of employees to the standards of excellence desired by the City or the Medical Director. D. The parties agree that Fire Medics and Fire Medic Lieutenants are healthcare professionals but shall not be considered "professional" employees within the meaning of the Florida Public Employees Relations Act. E. If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. F. TemporaryReassignment The Fire Chief shall determine when a Fire Medic or Fire Medic Lieutenant is eligible to transfer temporarily from an ALS unit without loss of pay or a demotion for the purpose of employee development. Section 16. Firefighter/Driver-Operator A. C1assification The classification of Firefighter/Driver-Operator shall be for those employees within the Fire Department who are the drivers and operators of the following type vehicles: Fire Engines, Aerial Apparatus, and Squad B. Appointments All Firefighter/Driver-Operator positions shall be filled by a promotional process. The minimum qualifications shall be determined by the Department. C. Wages All employees 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 performed by members of the bargaining unit cannot always 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 which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. 21 Item # 28 Attachment number 1 Page 27 of 58 B. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. C. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be referred to the next Labor t Committee meeting, which shall be scheduled within 10 work days to meet and discuss such change. The rule will be implemented after the initial 10-day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subj ect to the grievance procedure contained herein The time for filing said grievance shall commence on the date the rule is implemented D. All rights and working conditions, ery oyed throughout the Department by the employees at the present time which 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 City' s rights under Paragraphs A, B and C of this Section or as expressly provided elsewhere in this contract. Section 18. Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, E mergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, E mergency Medical Service or rescue services shall not be deerr ed subcontracting. Section 19. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any j udgrnent rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 20. Sports Participation in sporting activities while on duty shall be permitted in accordance with Fire Department S.O.G. Section 21. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. 22 Item # 28 Attachment number 1 Page 28 of 58 Section 22. Physical Examination A. Employees covered by this labor agreement shall be required to undergo an annual physical examination during their month of hire each year after the year of hire. B. The employer shall bear the cost of each examination Additionally, 56 hour schedule employees shall be provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour schedule employees 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 employee upon completion of the physical and shall be maintained as confidential medical records in accordance with law. The Department shall post the name and phone number of the facility where the physical shall be administered Physicals shall include but not necessanlybe limited to the following. 1. 12 Lead EKG - (Stress, where 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 employee) 7. Doctor's Physical (eyesight, reflexes, hearing throat, etc.) 8. Breast/Cervical Cancer Exam (Females - optional for employee) 9. Audiometric Evaluation 10. Spirorretry (Pulmonary Function) C. The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty, provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co- pay cost for any preventive inoculation or innnunization shots an employee may receive from his/her City primary care physician. D. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deerr ed deficient in some manner as a result of the physical examination shall be advised by the Department 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 who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. 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 agreement, the item shall not be subject to the impasse procedure and the Article shall rennin status quo in whole and part. 23 Item # 28 Attachment number 1 Page 29 of 58 Section 23. Residency Requirement All bargaining unit members who conunenced employment in the Fire Department on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough Pasco and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. Section 24. Tobacco Product Usage No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member hired in the Fire Department 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 deemed just cause of disciplinary action by the City, up to and including dismissal. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. The following holidays shall be observed NewYear's Day Martin Luther King Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Holiday pay for the above listed holidays will be paid at the employee's current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee's current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. B. In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays". Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below For such floating holidays the employee shall receive his/her regular rate of pay for such day if he/she does not ADrk that day, but shall not receive additional compensation Any day for which an employee is not scheduled to work may not be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: 1. No employee may utilize floating holidays until 30 calendar days after the date of hire. 24 Item # 28 Attachment number 1 Page 30 of 58 2. Any person employed behwen January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed betwe1 April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed betvwen July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed behwen October 1 and October 31 shall receive 25% of floating holiday to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of hire. 3. Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Paragraph D of this Section 4. After the year of hire, employees shall receive four "floating holidays" each calendar year. 5. Upon an employee's separation from the City, the employee may receive a lump sum payment for any remaining floating holiday balance per Paragraph D of this Section, or the remaining floating holiday balance maybe used to advance the employee's date of retirement. C. Floating holidays will be selected in reverse seniority after all vacation days and longevity days have been scheduled It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours' notice in writing 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 employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. D. If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before November 15th to receive 24 hours of regular pay for 56-hour meek, or 8.0 hours of regular pay for 40-hour meek in lieu thereof payable in the payroll period which includes December 1st. Any floaters not taken or requested for payment are forfeited No more than four floating holidays shall be approved for payment each year. E . Each calendar year, members of the bargaining unit may elect to take one floating holiday as "Personal Leave Time." This personal leave day may be broken into blocks of 4 hours and will be taken in 4- hour incrernents. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/she may make a written request to the Fire Chief on or before November 15th to receive pay for such remaining blocks, payable in the subsequent payroll period which includes December 1A. 25 Item # 28 Attachment number 1 Page 31 of 58 Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be granted for all full time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. For newly hired employees, such vacation shall be prorated for the year of hire according to the following schedule: 56 Hour Schedule Employees January/February Hire Date .......................................................................6 Duty Days March/April Hire Date ................................................................................5 Duty Days May/June Hire Date .....................................................................................4 Duty Days July/August Hire Date .................................................................................3 Duty Days September/October Hire Date ..................................................................2 Duty Days November/December Hire Date ................................................................1 Duty Day 40 Hour Schedule Employees January/February Hire Date ............................................................................ 80 Hours March/April Hire Date ..................................................................................... 64 Hours May/June Hire Date ..........................................................................................48 Hours July/August Hire Date ......................................................................................32 Hours September/October Hire Date ....................................................................... 24 Hours November/December Hire Date ....................................................................16 Hours Thereafter, employees shall be deemed to have earned and be eligible for vacation accrual each January. As sucfy employees on the 56-hour schedule shall accrue paid vacation as follows: Year 1 1 year anniversary of Hire Year 2 January following 1 year anniversary of Hire Year 3 Following January Year 4 Following January Year 5 Following January Year 6 Following January Year 7 Following January Year 8 Following January Year 9 Following January Year 10 Following January Year 11 Following January Year 12 Following January Year 13 Following January Year 14 Following January Year 15 Following January Year 16 Following January Year 17 Following January Year 18 Following January Year 25 and higher Following January Thereafter 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 26 Item # 28 Attachment number 1 Page 32 of 58 Employees on the 40-hour schedule shall accrue paid vacation as follows: Year 1 1 year anniversary of Hire Year 2 January following 1 year anniversary of Hire Year 3 Following January Year 4 Following January Year 5 Following January Year 6 Following January Year 7 Following January Year 8 Following January Year 9 Following January Year 10 Following January Year 11 Following January Year 12 Following January Year 13 Following January Year 14 Following January Year 15 Following January Year 16 and higher Following January Thereafter 2. The vacation year shall be the calendar year. 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 January is deemed to have been earned during the previous calendar year. 4. All unused vacation balances are forfeited at the end of the calendar year, 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 Department Regulations. Vacation leave shall be utilized in full day increments only, except when operational demands require an employee to work part of a day for which vacation leave has been previously approved For 56 hour schedule employees, a maximum of seven employees shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays. For 40 hour schedule employees, including Fire Prevention Inspectors and 56 hour schedule employees provided with Light Duty assipments, the Department shall deternnune the number of employees who may be permitted leave use in accordance with operational demands. 56 hour schedule employees who 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 assigriment of their intent to utilize the previously approved vacation leave. HoNwver, should such employees elect to not utilize previously approved vacation leave while on the 40 hour schedule, they shall be responsible for the subsequent scheduling of the days within the available slots or will risk losing the days. 2. The borrowing of vacation time prior to its accrual is prohibited 3. There is no advancing of vacation pay. 4. New employees may not take vacation until they have completed one year of continuous service. 27 Item # 28 Attachment number 1 Page 33 of 58 5. If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6. An employee who has more than 90 calendar days of unpaid leave shall receive no vacation leave for that calendar year. 7. Scheduling of Vacation a) Bargaining unit members will be contacted in the order of department seniority for the selection of vacation Vacation days may be picked in either a 3- or 6- duty day block for 56 hour schedule personnel 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 Department, shall consist of a designated 3 or 6 duty day grouping beginning and ending with 4 days off for 56 hour schedule personnel, or a designated 5 or 10 duty day grouping beginning and ending with a veekend for 40 hour schedule personnel. After all personnel have been contacted for their first pick the second round will begin All 56 hour schedule personnel who have selected a 3- day block and all 40 hour schedule personnel who have selected a 5-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round b) After all personnel have been provided the opportunity to pick their pnmary six or ten days of vacation in blocks, any employee to be awarded during the year bonus days for 25 years 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 employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays maybe submitted for pay in accordance with this Agreement. Additional vacation days will be lost or can be donated to the Department leave pool. Howwver, no employee shall be permitted to donate more than three days of leave per year 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 more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the employee is on duty. If this cannot be done, then it is the employee's responsibility to complete the required training on his/her own time. f) The changing of sick leave incentive days for previously used floating holidays is not allowed. 28 Item # 28 Attachment number 1 Page 34 of 58 C. Payment and Accrual During Mlitary Leave 1. An employee granted an extended military leave of absence shall be paid all accrued vacation leave when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law D. Conversion To Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with the article on Funeral 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 irk E. Payment of Unused Vacation Leave 1. Payment of unused vacation leave and banked vacation hours will be paid at the employee's current base rate of pay upon separation of the employee, provided the employee was not dismissed for cause and that the employee has more than one year of continuous service, or such hours maybe 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 twelve hours or more, the employee shall be permitted to request to use the portion of such hours equaling a twelve hour block in accordance with Paragraph B.,7. above. The employee shall be permitted at the end of the calendar year to request payment for any remaining balance of less than twelve vacation hours not charged due to having worked a partial day, in accordance with the established provision for the payment of floating holidays 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 employees and 172 hours for 40 hour schedule employees. 29 Item # 28 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 Total Accrual Rate Hours Hours Hours Per Pay Ca ed 112 134.42 5.170 2184.00 80 96.01 3.693 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 employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no-loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when 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 lay off, transferred, or certified to another department or classification without break in service, appointed from a reemplorTxmt list or returning from a leave of absence. If the employee is promoted demoted or transferred to another City 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 days 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-employed by the City, 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 work days for the number of regular hours he/she wuuld otherwise have been scheduled to work 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 Tenths of an Hour 1 - 6 .1 7-12 .2 13 -18 .3 19 - 24 .4 25 - 30 .5 31-36 .6 37 - 42 .7 43 - 48 .8 49 - 54 .9 55 - 60 1.0 30 Item # 28 Attachment number 1 Page 36 of 58 F. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1. Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable knn-ediate control. 2. Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3. Due to medical or dental appointments, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. 4. Due to illness of a member of his/her immediate family which requires his/her personal care and attention The term "Immediate Family" as used in this paragraph shall mean parents, stepparents, children, stepchildren, grandparents, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife, or other relative who is a member of the immediate household Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accu nulated sick time due to an illness in his/her immediate family (as that term is defined above). 5. If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accu nulated sick leave. G. An employee 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 maybe the cause for denial of sick leave with pay for the period of absence. In any event, the Departrnental Rules shall govern the notification requirements. H. Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid one-half of his/her accu nulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation The employee may request that one-half the payment for unused sick leave be made at separation and one- half the payment be made in the first payroll period in the next calendar year. 31 Item # 28 Attachment number 1 Page 37 of 58 The employee qualifies for payment if: 1. The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed. by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service; or 2. The separation is involuntary on the part of the employee including disability (incurred on or off the j ob) and layoffs; or 3. The employee's estate shall receive paynent if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. An employee who may otherwise be eligible for retirement under the City E mployees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose 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 employee shall execute a resignation to become effective on the date that such accumulated unused sick leave wuuld be exhausted Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which 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 employee 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 City employment, for which monetary or other valuable consideration is received or expected Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended as in the City's judgment, is appropriate. J. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K. The employee maybe 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 time for which sick leave is granted when requested by the Department Director. 32 Item # 28 Attachment number 1 Page 38 of 58 L. An on duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accummulated unused sick leave as hereinafter provided An employee receiving sick leave with pay under the provisions of this subsection who 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) which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week 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 mq or rule infraction N. Sick Leave Incentive Program 1. Following any full payroll calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee's current base hourly rate of pay. 2. Following any full payroll calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee's current base rate of pay. 3. Employees 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 0. Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee maybe 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 management employee designated by the Fire Chief, and one management designee of the City Manager. 33 Item # 28 Attachment number 1 Page 39 of 58 b) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, 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 grievable. 3. Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January a) No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. This shall be limited to one time per year, hoNwver, the 3-day donation limit shall not be modified b) All donations of pool leave time must be in full-day increments based on the employee's full time, regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c) Donations of pool leave time are irrevocable. d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 4. When pool leave time is authorized by the committee for use by an employee, it shall be on a day- for-daybasis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay, however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A. 56 hour schedule employees shall be allowed up to three shifts off with pay and 40 hour schedule employees shall be allowed up to four duty days off with pay in the event of a death in the immediate family which shall be limited to spouse, child parent, brother, sister, stepmother, stepfather, stepchild or mother-in-law or father-in law This is not chargeable to sick leave. B. 56 hour schedule employees shall be granted up to tv D shifts off with pay and 40 hour schedule employees shall be allowed up to three duty days off with pay in the event of a death in the extended family, specifically defined as grandmother, grandfather, grandchildren, sister-in-law, or brother-in-law This is chargeable to sick leave. The Fire Chief may grant funeral leave to employees for the death of other household members. 34 Item # 28 Attachment number 1 Page 40 of 58 C. Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself /herself of a provision in this section must notify the Fire Chief or his/her District Chief or Fire Assistant Chief of such intent as soon as possible. Section 5. Absence Without Leave A. Any employee who is absent from duty for two consecutive work days for 56-hour employees and three consecutive work days for 40-hour employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City 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 employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 6. Time Off From Duty A. An employee maybe granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. 1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exam which will get first priority. 2. Attendance at in service training and other in service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deeined to include authorized safety meetings. 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 month's written notice is given to the Fire Chief. B. The Union may, upon request, be alloxAed up to 400 duty hours per fiscal year to be excused for Union business, conferences, training, and Executive Board ieetings pertaining to the City of Qearwater. Any such request must be initiated in writing through the chain of coinn-onct via the District Chief, 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. Time off from duty under this provision must be approved by the Fire Chief 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 employees 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 year. 35 Item # 28 Attachment number 1 Page 41 of 58 Any use of City facilities for Union-related business shall require written request at least 48 hours in advance to the Fire Chief, which maybe granted or denied at his/her sole discretion. Executive Board members only shall be permitted to conduct/attend Executive Board meetings while 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 meetings will cause no adverse impact to Department operations. Off-duty Executive Board members shall not be eligible to receive any compensation for time spent attending such meetings. 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 which requires a union official to be off duty for periods in excess of three consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, maybe granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. 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 which renders the Department staffed below that level which the Chief determines to be necessary. Section 7. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maxunum allowable contributed time to any one employee is a total of 90 calendar days for the duration of this contract. Section 8. IDM Re-Opener The City and the Union agree that based upon a mutual agreement 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 agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. ARTICLE 9 WAGES AND COMPENSATION Section 1. Pay Schedule The pay schedule shall be in accordance with Appendix A. 36 Item # 28 Attachment number 1 Page 42 of 58 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-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/Paramedic and Firefighter/Lead Medic are abolished Vacant positions maybe converted to the Fire Medic job classification at the sole discretion of the Fire Chief. The City retains the right to hire qualified external applicants into the Fire Medic job classification, or to offer promotional opportunities to qualified existing bargaining unit or other City personnel. Employees assigned to the job classifications of Firefighter/Paramedic 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-Paramedic 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 t"elve merit steps. The classes of Fire Prevention Inspector, Fire Lieutenant, and Fire Medic Lieutenant shall have nine merit steps. Merit steps two through six shall provide for approximately a 5% increase over the preceding step, and merit steps seven through t,,,wlve 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 follow: Appointment and Merit Step Review and Advancement: Step 1 Original appointment or promotion Step 2 At the end of one year of satisfactory service in Step 1. Step 3 At the end of one year of satisfactory service in Step 2. Step 4 At the end of one year of satisfactory service in Step 3. Step 5 At the end of one year of satisfactory service in Step 4. Step 6 At the end of one year of satisfactory service in Step 5. Step 7 At the end of two years of satisfactory service in Step 6. Step 8 At the end of two years of satisfactory service in Step 7. Step 9 At the end of two years of satisfactory service in Step 8. Step 10 At the end of two years of satisfactory service in Step 9. Step 11 At the end of two years of satisfactory service in Step 10. Step 12 At the end of two years of satisfactory service in Step 11. If an employee's evaluation by ir-onagement is rated satisfactory or higher, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in Section 3 below. 37 Item # 28 Attachment number 1 Page 43 of 58 Section 3. Merit Step Review - Increases and Delay or Denial Employees who receive a merit eligibility evaluation rating of Satisfactory or higher shall be advanced as provided in Section 2 above. Employees who receive a merit eligibility evaluation rating of less than Satisfactory shall not be granted a merit step advancement. Such employees shall be reevaluated after three months and if then rated satisfactory, shall be granted a merit step adjustment as of the date of the three-month 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 months follow=up evaluation rating is still less than Satisfactory the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit step adjustment as of the end of that second three-month follow=up period The effective date of this increase shall be utilized for the purpose of detem-uning eligibility for future merit evaluation review and advancement to the next higher step. If the employee is rated less than Satisfactory on the second three-month follow=up evaluation, no merit step advancement shall be made, and the employee will be evaluated again one year from the date of the initial annual evaluation which 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 assignii-ent pay if regularly assigned C. Overtone is defined as one and one-half times an employee's regular rate of pay. D. School pay is defined as regular rate of pay and shall be counted as hours worked for the purpose of computing overtiune when duly authorized by the department. Section 5. Annual Personal Resource Allowance A. All members of the bargaining unit who are actually working shall be provided an annual allowance of $1,000 per year, which shall be utilized to cover (1) the costs of purchasing and laundering 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 who shall attend on duty, but shall still receive the allowance. B. An employee who 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 who are actually working at the time of the quarterly payment, and shall reflect the appropriate amounts subject to withholding and not subject to withholding for tax purposes. 38 Item # 28 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 own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation B. The mileage reimbursement rate shall be consistent with City Policy. C. This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance behneen any two Fire Stations. D. Written requests for mileage reimbursement must be made to the Fire Chief's office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. E. The Department will post a reminder notice at least 30 days prior to September 15. F. The money shall be paid by September 30 of each year. G. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. Section 7. Special Teams Any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive tvvnty- five dollars per payroll period in addition to the current base rate of pay. Bargaining unit members who meet the current certification guidelines set forth by the Fire Chief 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 Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: 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 plus one team leader Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following. 39 Item # 28 Attachment number 1 Page 45 of 58 Dive Team Coat/jacket Jump Suit Swim Trunks Tee Shirt Shorts Technical Rescue Team Tech Shirt 3 Tech Pants 3 S.W.A.T. Team Shirt 2 Pants 2 An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. Section 8 EMS Wages A. All employees shall receive pay in accordance with Appendix A. B. Employees of the Department who currently receive "grandfathered" E.MT. pay shall continue to receive such pay, provided the employee meets additional certification as required by Pinellas County EMS System 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.MT. pay and is subsequently promoted or assigned in an acting capacity to Fire Medic or Fire Medic Lieutenant, said employee shall receive the appropriate promotional or acting pay and the "grandfathered" E.MT. pay shall be deemed to be incorporated therein C. Employees assigned to the non Paramedic classifications of Firefighter, Firefighter/Driver-Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic, and who 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 when called upon by the Department to do so, shall receive a Paramedic certification pay differential of $100.00 per payroll period Such employees shall be eligible to receive Acting Pay in accordance with Paragraph D below in addition to the biweekly certification pay. Such employees who 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 Paramedic on an ALS unit and thereby no longer receive the $100.00 per payroll period certification pay differential at least 30 calendar days prior to the end of the payroll period in which they wish to effect the change. Upon the effecting of such requests by the Department, the affected employees shall not be eligible to receive the Paramedic certification pay differential for a period of six months. Employees assigned to the non Paramedic classifications of Firefighter, Firefighter/Driver- Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic and who 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 # 28 Attachment number 1 Page 46 of 58 differential shall be eligible to elect to be assigned as a Paramedic to an ALS unit on a voluntary basis, and when so assigned on an ALS unit shall be compensated in accordance with paragraph D below D. Employees assigned to the non Paramedic classifications of Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant who are state and county certified as an E.MT. or Paramedic, and who are not receiving Acting pay or "grandfathered" E.MT. pay, and who are assigned as a Paramedic on an ALS unit will receive assignment pay of 5% above the employee's current base rate of pay for all hours served on the ALS unit. E. The Department agrees to publish a semiannual list of the dates of expiration of all E.MT. and Paramedic certifications. Section 9. Training and Tuition Refund A. Members of the bargaining unit 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 Chief where department policy will be follovved Hower, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on duty and off-duty time. B. The tuition refund for members of the bargaining unit shall be $1,000 per year for each year of the agreement. HoNwver, if classes taken by a bargaining unit member consist exclusively of those pertaining to an advanced degree program as part of a partnership behwen the City and an accredited college or university, 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 City under FLSA. D. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. E. The City shall provide and maintain reasonable training grounds and facilities. D. The City agrees to pay the tuition only for classes required as part of a State of Florida Paramedic certification program for up to one bargaining unit member per shift or 3 members total, whichever is greater, provided that the classes are offered in such a manner that the employees may attend the classes during non duty hours, and such class hours shall not be counted as hours worked. Should such classes not be available in a manner that the employees may attend during non duty hours, the Fire Chief in his/her sole discretion shall determine whether to release the employees from duty for only the hours necessary to attend the classes. In such case, the employees shall be expected to serve the remaining hours of any shift for which they are scheduled Any prerequisite classes necessary to participate in a State of Florida Paramedic certification program shall only be subject to the tuition reimbursement provisions outlined in Paragraphs A -D above and in accordance with established Department guidelines to determine whether or not the class hours constitute School Time. 41 Item # 28 Attachment number 1 Page 47 of 58 Any existing employee who obtains a State of Florida Paramedic 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 Clearwater Fire and Rescue and serve as a Fire Medic when called upon to do so for a period of five years or shall be subject to reparTxmt of any costs incurred by the Department for such classes. Should an employee voluntarily leave the department or be permitted to voluntarily demote to a non paramedic classification in accordance with this agreement before the end of the five year period the amount of such repayT t shall be prorated by 3-month increments with the employee being required to pay the prorated amount corresponding to the number of remaining full 3-month periods not served Section 10. Clothing and Equipment A. The City shall continue to provide the initial clothing and protective devices currently supplied or their equivalent, and initial safety equipment currently supplied without cost to the employee. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the value of the lost or abused equipment, as determined by the Fire Chief. B. The following equipment will be supplied initially to each employee: Item Coat or Windbreaker Pants Class A Shirts T-Shirts Shorts Sweatshirt Jumpsuit Badge Nametag Collar Insignia (set, as necessary) Blanket Pillow Bunker Coat Bunker Pants Helmet Firefighting Boots (pair) Firefighting Gloves (pair) Air Mask Nomex Hood Suspenders City and County ID 3 cell Flashlight uantit 1 (employee option) 5 (F.P.I.8) 5 (F.P.I. 7) (long sleeve G employee option) 3 2 2 1(F.P.I. 0) 1(F.P.I. 0) 1 1 1 each 42 Item # 28 Attachment number 1 Page 48 of 58 All employees will be provided an initial issue of any new items in addition to those on the list above when such items are required by the Department. Equivalent variations of clothing items on the list above, such as coats, shirts, and pants, may be provided by the Department to all newly hired employees and shall be available to existing incurnbent employees through the use of the personal resource allowance as defined in this Agreement. C. The following items, if issued shall be returned to the Department before an employee leaves the service of the Department either by termination, resignation, retiremmt, etc. Should any such items not be returned the City shall withhold from the employee's final paycheck an amount sufficient to reimburse the City at a pro-rated replacement cost of the equipment. Item Badge City and County ID Collar Insignia (set, as necessary) Bunker Coat Bunker Pants Helmet Firefighting Boots (pair) Air Mask 3 cell Flashlight uantit J* 1 each as applicable 2 1 1 J* 1 1 1 * (to be mounted and/or returned to employee upon request in accordance with the current practice if separation is due to retirement) Any such equipment which becomes worn or unserviceable through no fault of the employee shall be replaced when returned to the Department. D. Employees shall be provided an allowance for the replacement of coat, pants, shirts, and jumpsuit which may become worn or unserviceable in the course of duty. The Fire Department in conjunction with the Union shall publish annually a list of vendors and the specifications and each employee shall be responsible for the replacement of coat, pants, shirts, and jumpsuit. E. The Department shall issue and maintain uniforrns and equipment to personnel it determines necessary in order to provide an Honor Guard presence as the City deems appropriate and subject to the availability of funds. It is understood that the decision whether to have an Honor Guard and who shall be designated to participate, rests with the Fire Chief in his sole discretion Any items issued to Honor Guard personnel shall remain the property of the Department and shall be returned upon separation in accordance with Paragraph C of this Section above. Section 11. Standby A. Fire Prevention Inspectors who are assigned to remain in a standby status while not on duty shall be paid at the following rates during the term of this agreement: Monday through Friday $10.00 per night Weekends $50.00 per veekend Extended Time During Designated Holidays $30.00 per night 43 Item # 28 Attachment number 1 Page 49 of 58 B. Standby assigninents are mutually exclusive of call in and holdover provisions of this agreement. Nightly standby (Monday - Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at the time which would be the employee's normal starting time on Saturday and shall conclude at the beginning of the employee's regular workday on Monday (48-hour period). An employee assigned to standby and who 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 employee who is called out to work while on nightly or weekend standby duty shall be credited with one hour work time or the actual hours worked during the entire standby period whichever is greater. C. The Department retains the discretion but is not required to assign a take-home vehicle to Fire Prevention Inspectors who are subject to standby. Section 12. Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees 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 Agreerrunt. The selection of an insurance company shall be free and without prejudice and of the employee's choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of- kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the I.A.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent information from the present carrier. 44 Item # 28 Attachment number 1 Page 50 of 58 The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employes and their dependents in the amount approved for the plans approved by the City Council. The City agrees to maintain the current Benefits Committee recommendation process cuIrnmating in final action by the City Council to determine medical insurance premiums for employes 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 employes the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employe only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided Additional coverage for the family or spouse, as well as any enhancements or "buy ups" to the base plan will continue to be paid for by the employe. 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 management should be continually reviexAed for its effectiveness. The system may be modified from time to time to better meet the needs of the employes and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employes have the right to Union representation any time they believe a meeting may lead to disciplinary action The City-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 City 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. Voluntary use of controlled substances which cause intoxication or impairri-eit on the job poses risks to the employer, the affected employe and their coworkers. Section 2. All bargaining unit employes will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employes will be provided with information concerning the impact of the use of drugs on job performance. Fire District Chiefs and other management personnel will be trained to recognize the symptoms of drug abuse, mTairnx nt and intoxication The City will permit five employes selected by the Union to attend such training class on City time. 45 Item # 28 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 governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party a reasonable period of time in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B References to CDL and "safety-sensitive" employees and positions shall not apply to IAFF bargaining unit members. As such, IAFF bargaining unit members shall not be subject to the following 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 City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of retirement. Section 2. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan Section 3. During the period of "retirement advancement", the employee will not be eligible to receive or accrue any benefits except retirement credit, "grandfathered" EMT Pay, and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind ARTICLE 14 SENIORITY AND LAYOFFS Section 1. Seniority A. Definition -- Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, laWffs, and assipir-i nts. 46 Item # 28 Attachment number 1 Page 52 of 58 B. How Measured 1. In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. 2. Any employee who transfers from another City department to the Fire Departrrnent shall retain full City seniority with regards to vacation and sick leave accrual. HoNwver, for purposes of layoff, departmmtal seniority shall prevail. In regards to pay and pensions, the applicable civil service rules or City Pension ordinance shall apply. 3. In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4. The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5. The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 6. Emergency, provisional, seasonal and temporary part time employees shall not accumulate seniority during any period of such employment. 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 work lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in lengthy folloNAed by reinstatement or by appointment from the reemployrnent list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 3. Disability retirement if and when folloxAed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4. Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5. Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration award, grievance decision, or the Civil Service Board in accordance with this Agreement. 47 Item # 28 Attachment number 1 Page 53 of 58 6. Resignations subsequently withdrawry in accordance with this Agreement, within six months after acceptance, folloxAed by reinstatement or appointment from the reemployment list; provided hoNwver, 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 circumstances and conditions wherein, by the provisions of this Agreement 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 reemployment list and in promotions in accordance with the rules governing those procedures. E. Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs A. In the event of layoffs, all probationary status employees in the class involved shall be laid off before any perimanent status employees in the class involved The order of layoff of probationary employees shall be determined by management evaluations of the performance and potential of the employees. 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 Agreement, Managemertt shall determine the number of employees to be laid off and the class or classes involved An employee who 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 movement requires further reduction in the work force, the same 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 groupings: 1. Group A -- Employees with one through three years of service in the Clearwater-Fire Department. 2. Group B -- Employees with four through six years of service in the Clearwater Fire Departrriffit. 3. Group C -- Employees with seven through nine years of service in the Clearwater Fire Department. 4. Group D -- Employees with 10 through 12 years of service in the Clearwater Fire Departrriffit. 5. Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department. 6. Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Departrriffit. 7. Group G -- Employees with 19 or more years of service in the Clearwater Fire Departrriffit. 48 Item # 28 Attachment number 1 Page 54 of 58 All employees in Group A must be laid off before any employees listed in Group B; all employees in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established Management rating of employees can be based upon performance evaluations by management of the preceding 3-year period (if available), disciplinary actions, and physical ability to perform the job. When other qualifications are substantially equal, Fire Department seniority will govern Management will provide a list of the rank order within Groups prior to the layoff. Section 3. No new employee shall be hired until the employee on layoff has been given an opportunity to return to work at his/her original seniority date and position; provided that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. Section 4. The Fire Chief shall give written notice to the Human Resources Director and to the affected employee(s) including the President of the Union, on any such proposed laWff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION Section 1. Amendments This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until 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 deteruned to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the ren-ainder of any clause, sentence or paragraph in which 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 deemed to waive any such 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 City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement 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 until September 30, 2008. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or termimte, as herein above set forth will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification 49 Item # 28 Attachment number 1 Page 55 of 58 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of 12008. ATTEST: Cynthia E. Goudeau, City Clerk Approved as to form and correctness: Pamela K. Akin, City Attorney CITY OF CLEARWATER, FLORIDA William B. Home II, City Manager Countersigned Frank Hibbard Mater INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: John Lee, President, Local 1158 David Hogan, Secretary/Treasurer, Local 1158 50 Item # 28 Attachment number 1 Page 56 of 58 APPENDIX A - WAGES FIREFIGHTER PAY RANGE F-02 (80/106 HOURS) Step October, 2006 Biweekly 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 Biweekly 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 # 28 Attachment number 1 Page 57 of 58 FIRE MEDIC PAY RANGE F-10 (80/106 HOURS) Step October, 2006 Biweekly 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 Biweekly 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 Item # 28 Attachment number 1 Page 58 of 58 FIRE PREVENTION INSPECTOR PAY RANGE F-12 (80 HOURS) Step October, 2006 Biweekly 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 Biweekly 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 iii Item # 28 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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: Other Current Year Budget?: Yes Budget Adjustment Comments: Coordinated Child Care Grant Funding Current Year Cost: $75,811.00 Not to Exceed: $75,811.00 For Fiscal Year: 2008 to 2009 Budget Adjustment: No Annual Operating Cost: $75,811.00 Total Cost: $75,811.00 Cover Memo Item # 29 Appropriation Code Amount Appropriation Comment 181-99822 $37,251 181-99835 $38,560 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 # 29 AGREEMENT Attachment number 1 aatw"" Page 1 of 29 COORDINATED CHILD CARE OF PINELLAS INC. and City of Clearwater, Florida, Parks and Recreation Department (Charting the Course for Youth-W) t PURPOSE Coordinated Child Care of Pinellas, Inc., hereinafter referred to as "CCC", and City of Clearwater, Florida, Parks and Recreation Department, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2008 and extending through, June 2, 2009. STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of CCC or the JW8 Children's Services Council of Pinellas County (JWB), and are subject to the supervision, personnel practices and policies of the provider. Unless otherwise approved by CCC, all staff shall meet qualifications as stated in the approved job descriptions on file at CCC and any approved revisions which are submitted for 08- 09 agreement year. RI. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at CCC and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices, as determined by CCC in service areas stated in Attachment 3, and pursuant to the General Conditions listed' in Attachment 1, and any special conditions as stated in Section Vlll of this Agreement. IV. FUNDS The budget for both CCC and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. CCC agrees to reimburse up to $75,811 for Charting the Course for Youth-08T for services rendered pursuant to this Agreement V. METHOD OF PAYMENT 1. CCC issues reimbursements in accordance with the schedule listed on Attachment 5 (or on the preceding working day in case of a holiday). A request for bi-weekly reimbursements may be considered, based on a documented need. Request for payment must be accompanied by the appropriate documentation as prescribed by CCC. 2. Requests for advance funds maybe made, consistent with CCC/JWB policy. 11 Vq. TERMINATION 1. It is the intent of the CCC/JVVB to assure a consistent and orderly delivery of children's service. it is the further intent of CCCIJWB to terminate Agreements only in those situations where such :action is essential to protection of its interests and the interests of children; as determined solely by CCC/JWB.. 2. in the event funds to finance this Agreement become unavailable, CCCdJWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. CCC shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent martagemerst to provide 30 days notice for Termination for Lack of Funds. CCC/JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 3. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by CCC/JW8 with or without cause upon twenty-four (24) hours written notice. Said notice shall, be delivered by certified Mal, return receipt requested, or in person with proof of delivery. 4. The above provisions shall not limit CCC/JWB s right to remedies at law or to damages. 10/09/081:29 PNI Pagel of 29 Item # 29 Attachment number 1 Vll. COMMENCEMENT OF PAYMEt`f'1" Page 2 of 29 Unless specificafty authorized by CCC/JWB, payment for services rendered under this Agreement shall not commence prior to the effective date of this contract. Vill, SPECIAL COWDITIONS The following condition(s) apply to all listed programs withln City' of Clearwater. 1. General Condition #3 (Audit and Management Letter) is waived. 2. General, Condition #6 (Board Members and; Meetings) are waived. 3. General Condition #24 (Provider will have met General Condition #24 inks rance. Public LiglIXI ty, Bp!5fl y Iniu(v, ant Property DaMae by submission of a formal letter from the municipality indloaWg self insurance arut summary explanation of that coverage). 4. Nothing herein shall be construed as a consent by the City of Clearwater Florida to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Irnmunity. (Reference General Condition, paragraph 25). The following condlltion applies to the following program(s): -Charting the Course for Youth-OST 5. Coordinated Child Care (CCC) will reimburse providers between seventy-fire (75%) percent and up to one- hundred (100%) percent of the allocation, contingent upon the provider.serving one-hundred (100%) or more of the contracted service level established in the subcontracts with CGC for the eight (8) month period of October 1- May 31, 2009. 8. Provider is required to collect Pinellas County School Board student Ili numbers for afl program participants and enter in SAMIS, . Provider is required to maintain participant attendance in SAMIS, S. Reimbursements will tae ;mate through June 2, 2009. AlI participants counted toward the contracted service levels must have been enrolled by May 31, 2009. VIL FUTURE EXPECTATIONS 1. Providers are encouraged to give input to CC C in developing and eventually implementing some or all of the f©llovving: a. Eligibility requirements; b. Fee schedule; C. Attendance requirements; d. Unit of service cost rates; e. Quality standards, and f. An entranced overlay services modef 1011-7/0"A4 AM Page 2 of29 Item # 29 f i t Executive Director. Coordinated Child Care of Pinellas, Inc.. Please Dint or Type Plante: Guy CoQley Si ata?tre . Date Countersigned: Frank Y. Hibbard Mayor Approved as to for nA: Laura Lipowski Assistant City Attorney Attachment number 1 Authorized Representative: Page 3 of 29 Gity of Clearwater, Florida. Signature Data CI'T'Y OF CLEARWATER, FLORIDA, By: William B. Horne, It City Manager Attest: Cynthia E. Goudeau City Clerk I0/09/088.50 A 'age 3 of 20 Item #'29 ATTACHMENT 7 Attachment number 1 GENERAL CONDITIONS OF THE AGREEMENT Page 4 of 29 ?• ??TBB'?BV?S?iiB This Agreement and its attachments constitute the contractual relationship between the Provider and CCC. if there is any discrepancy between program-related documents, this contract preempts all other documents. No amendments to this Agreement or its attachments may be made without the prior written approval of CCC and Provider, except as may be provided in General Condition #4.. Fiscal ResaaWbi#ty - Provider agrees. A. To maintain books, records and documents in accordance with, generally accepted accounting procedures,, and practices which accurately and appropriately reflect all expenditures of funds llsted in Attachment 4. S. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by CCC personnel or its duly, authorized agent. C. To maintain and file with CCC in a timely fashion reports related to servides provided under this Agreement. D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (6) years, all records shall be retained until resolution of audit findings. E. Payments During Disaster Recovery: CCC/JWB agrees to support previously approved funded programs unable to provide normal services for a period of at least 60 days after a disaster has been declared, provided the program agrees to comply with requests of CCG/JM and the Human Services Disaster Recovery Leadership Network Task Force. The Provider will submit to CCC a copy of the agency's Continuity Of Operations Plan within thirty days of the effective date of this agreement Leltter 3. Audit and Man1gemnit The Provider agrees to submit to CCC an independent audit of the financial statements of the "entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Providet's board, but within a period not to exceed 120 days of the close of the agency`s fiscal year. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The provider's auditor shall not provide any non-audit service to an issuer contemporaneously with the audit, including: (1) bookkeeping or other services related to the accounting records or financial statements of the audit client, (2) financial information systems design and implementation; (3) appraisal or valuation services, fairness opinions, or contribution-in-kind reports; (4) actuarial services; (5) internal audit outsourcing services; (6) management functions or human resources; (7) broker or dealer, investment adviser, or investment banking services, (8) legal services and expert services unrelated to the audit. The audit will separately identify, CCC/JWB revenues, fees and donations, and expenditures by the CCC program under this agreements 4. Other Flnanalal Support A, provider will report : within fifteen working days any changes in other non- CCCfJWB revenue that relates to this program as they occur during the agreement year. CCC/JWB funds will not be used for exp"ditures also funded by other sources. C. Generally, CCCIJWB encourages use of its funds as financial match for secures funds from other sources. However, in such instances Provider is required to obtain prior approval from CCC. D. Revenues earned in CCC/JWB funded program must remain in the funded program, as a condition of funding. '10/09/088:50 AM 'age 4 of 21 Item # 29 5. Program MQ"Rwk t Provider agrees to submit progress reports and other information as may, be prescribed by CC er 1 cooperate in site visits and other on-site monitoring including, but not limited to, access to sites, V tCa?1 and participant records, and logs and the provision of related information. Providers are responsible for entering all program, fiscal, and all other required data into SAMIS. Program staff will adhere to SAMIS Business Rules and all staff who gave any responsibility (supervisory or direct) for SANDS data entry will be trained in SAMIS within sixty (60) calendar days of hire. The Provider will notify the SAMIS Help Desk immediately (maximum of 48 hours) when a staff person's access tU SAMIS must be inactivated due to the reasons outlined in SAM1S Business Rules. Provider agrees to cooperate with CCC corrective action policy and procedures. Provider agrees to provide CCC representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Programs charging a fee for services supported by CCC/JWB funding in'this program must forward a copy of the fee schedule to CCC, Ci overnmentaf entities are exempt from fiscal and personnel file review. 6. Board Itltembem and Mestltl Within 30 days of the effective date of this Agreement„ provider will submit to CCC a calendar of scheduled ford meetings for the current fiscal year. Approved Board minutes and an updated lief of Board Members shall be submitted to CCC within thirty calendar days of approval. . Nonow Alin natlan Programs receiving funding from the CCC/JWB stall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessaryr to render services in a manner that respects the worth of the individual and protects and preserves the dignity, of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8.rb#icling QI J SuppEt Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. Provider agrees to supply CCC, without charge, pp to three (3) 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 JWB. Provider agrees that CCCIJWB will have unlimited use of copyrighted materials developed under this Agreement. 10. AWprmenta and Subcontw- is Provider shah not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so, specified in Attachment 4, without prior written approval of CCC. No such approval by CCC of any assignment or subcontract shall be deemed in any event or in any, manner to iprovide for the incurrence of any obligation by CCC addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that CCC shall deem necessary. 414. CogMULa_1 Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall' adapt appropriate procedures for employees` handling of :confidential data with the following exceptions: a) such information may be revealed as may be necessary to implement General Conditions 2 and b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authoftation) of the recipient, or the recipient's responsible parent or guardian, where authorized by taw. The provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information. 10/09/088:50 AM 'Page 5 of 29' Item # 29 Attachment number 1 12. ftongf Fu"s Page 6 of 29 Provider agrees to return to CCC any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by CCC, and such funds shall be considered CCC/JWB funds and shall be refunded to CCC1JWB in accordance with its instruction 1 Saectal Situat m Provider agrees to inform CCC in 'a timely manner of any circumstances or events which may reasonably be eansidered to jeopardize its capability to continue to meet its obligations under the terns of this Agreement. This includes the reporting of any critical incidents, including anything that may reflect negaUvely or critically upon CCC: Specifically, the Provider shalt notify CCC immediately upon knowledge of any incident resulting in the injury to a program participant. Within 24 hours, the Provider must submit a completed Incident Report to CCC with full details and disposition of the incident. In addition, the Provider shall notffy CCC immediately upon knowledge of any action or incident involving agency staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, maff ence during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. 14. Provider Staff A lembws-M t on Soard Provider agrees that provider staff shall not serve as members of the Provider's governing board. 15. Waiver CCC reserves the right to'waive requirements of this Agreement and General Conditions'wher€ warranted by special circumstances. 10. Aoerrcv ll PE,ogrmn Data MaMnUir" in 2-1-1 Datdbaae Provider agrees to maintain accurate and up-to-date agency and program data in the 2-1'-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The 'Provider will fist data for newly funded program(s) within thirty (30) calendar days of the date that CCC/JWB funds the program. This requirement applies to all programs accepting 2-1-1 referrals. 17. Funded Agencv Staff Background 9 ks All staff involved in a program funded by CCC/JWB are required to undergo a national background cheek that includes fingerprinting. This requirement applies ,to employees regardless of the finer supporting the position and all volunteers who may interact with youth. The Provider's policy and practice must provide for adequate protection. 18. YoaM Worketr Tiaulnu BEST training for year round staff working directly with youth (ages 11 to 17) is required. The Provider must have a CCC-approved plan to ensure full compliance by 9130/2010. 19. Attend4lice ' All Programs are required to keep attendance records, which will be tracked in SAMIS. 20. Unk to aM'* VVebsid Providers with an agency website will include links on their'website to the JWB website (wwwv.jwbpinellas.org) and JWS's About Pinellas Kids website (www.aboutpineflaskids.org) including the respective logos. 21. Dmmfma Workplace As applicable,. the Provider will comply with the Drug-Free Workplace Act, Section 440.101, Florida. Statutes. 22. Public Env Per Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor fist following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or 10/09/088:50 AM ;Page 6 of 29 Item # 29 services to a public entity, may not submit a bid on a contract with a public entity for the construction or re r public building or pub#iG work, may not submit bids on leases of real property to a public entitQet t 1e , er 1 awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 23. CCCI,M 2NN ftWU Provider agrees to follow all CCC/JWB policies and, procedures which are incorporated into this Agreement in their entirety. Said policies include, but are not limited to, all CCC/JWB Lard policies, funding policies,. 'SAMIS business rules and policies that may be promulgated by CCC/JWB within its sole discretion from tame to time. CGC/JWB reserves the right to change these policies with no prior notice from time to time `within its sots discretion and it is the responsibility of the provider to be in compliance with all -CCC/JWB policies and procedures at all tunes. R 24. Meuranc*. Public Lilaltility. BWIIY Irtlury, air Prom- rtv page The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider, CCC/JWB, the following insurance coverage with responsible companies, eligible to do business in the State of Florida, acceptable; to CCCIJWB: Commercial General Liability for premises and operations of the Provider Including Personal injury and Contractual for this Agreement, with CCC/JWB as an additional insured for the operations of the Provider, with limits for Bodily Injury, Property Damage and Personal Injury of not less than: Each Occurrence $1,000,000 Personal injury $1,000,000 Oral Aggregate $11000,000 Products & Cornpleb d Operations $1,000,000 Fire Legal Liability $50,000 Automobile Liability Insurance for the Provider's operation, maintenance and use of owned, non-owned, hired, and leased automobiles, with the interest of the CCC/JWB included as an insured, with limit of not less than: Bodily injury & Property $500,000 each accident Dante Liability $500,000 each accident The Provider will submit to CCC a certificate of insurance which describes the insurance maintained by the Provider. The certificate will state that the insurance company will not cancel the insurance except on 15 day's prior written notice to CCC. 25. IndnilkaWu The Provider will indemnify and hold harrniess the CCC/JWB; Its agents, and employees from and against any and all liabilities, claims, judgments, or actions 'including court costs and attorney`s fees that may hereafter at any time be made or brought by anyone on account of any personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused or occurring in whole or part by any breach of contract; negligent, wrongful or intentional act or omission; or used on any acts of fraud or defalcation of the Provider, its agents, employees, or subcontractors:, during performance under this Agreement. M no event wilt the Provider be liable for or have any obligation to defence CCC/JW8 against such liability„ claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts. of CCCIJWB 10/09/088:50 AM page 7 of 29 Item # 29 ATTACHM Attachment number 1 City, of Clearwater" Page 8 of 29 (Charting the Course for Youth-OST MEASURABLE OBJECTIVES & SERVICE LEVELS FY08-09 Parf lpaM Level Measurable ©bj tea (CDG) All Primary Participants will be measured through the Measurable Objeotive reporting module in SAMIS within the contract period. Measured is defined as each participant having all the appropriate administration points required during the fiscal year lased on the language of each Measurable Objective., service Component; General Youth Services (163) Objective, 10 ObjecOve Description 2758 increased Resiliency - Internal Strengths Seventy perceriC (701'0) of primary youth (ages g and aver) will show slgnif nt improvement in developing internal resiliency assets. Significant improvement is defined as an increase of at least 7 points on, the intemal assets component of the Healthy Kids Resilience Assessment (HKRA). The HKRA will be administered within two (2) weeks of ;program entry and each year on the anniversary date of program intake or at episode closure, whichever comes first- Staff will enter data into SAMI S within two (2) weeks of data collection. (CDG Summary) 27591 Increased Resiliency Extemal Support Seventy percent (70%) of primary youth (ages 9 and over) will show significant improvement in developing external assets. Significant improvement is defined as an increase of at least 11 points on the external resil>iwcy assets component of the. Healthy Kids Resilience Assessment (HKRA). The HKRA will be administered within two (2) weeks of program entry and each year on the anniversary date of program intake or at episode closure. Staff will enter data into SAMIS within two (2) weeks of data collection. (CDG Summary) s rable Objectives Target Level, % 70 % 70 °t 1. Provider will submit a program methodology to C+CC at a date to be determined by CCC. 2. program will document all community activities and events sponsored. (SAMIS Group Activity) Contracted Service Levels Failure to meet one or more of the Contracted Service Levels identified below may result in a reduction in the funding allocation and service levels. Participant Contracted Service Levels Case Data Gatherer (CDG) Primary Participants Contracted Primary Youth: 129 Contracted Primary Adults: 0 Total Contracted Primary Participants: 129 There are no Secondary Parflpants or Group Contracted Service Levels required in this agreement. CDG (Case Data Gatherer): The module in SAM1S where information for the case, participant, episode, and the measurable objective is entered and viewed. 10/09/088:50 AM Page `8 of 29 Item # 29 4, ATTACHMENT 3 GEMRAMCAL SERVICE AREA Attachment number 1 Page 9 of 29 Provider gees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider wi3i advise CCC of any changes shade in service sites. The geographical service area for this agreement is as follows: Program Name Service will be Services will be prc ded less provided than countywide. Service will countywide be provided in the following zip codes (Rst all zip codes of the target area) Charting the Course for Youth-OST 3375^5, 3375£ 70/09/088:50 AM Wage 9 of 29 K Item # 29 ATTACHMENT 4 SUDGET(S) The provider will deliver services according to the budget(s)' following this page. Attachment number 1 Page 10 of 29 Revised budgets should be submitted by the provider in accordance vAth CCC/JWB policies and procedures. Provider may snake budget amendments during the fiscal year in accordance with CCC/JWB forms and procedures as delineated in the budget amendment approval procedures. Codes of these procedures are available from CCC /JWB upon request In all instances, budget amendments require electronic approval in SAMIB by CCC staff- For all amendments, the following guidelines apply: A. Funded programs shall make adjustments in accordance with forms and procedures as established by CCCfJWB staff, B. A change in an individual position salary or fringe expenditure shall be considered as separate fine items; The program may matte transfers between individual salary and fringe lines, but such transfers may not exceed 10%e of individual salary and may not exceed the aggregate amount of approved salary and fringe. Any adjustments made by funded agencies which are not in accordance with CCC/JW8 policy shall be subject to reimbursement of CCC/JWB at the discretion of CCC/JWB. Reimbursement on per diem and units of service agreements may not exceed one-fourth of the total CCC/dVVB allocation in any quarter of the 8-month agreement period without prior approval of CCC's Executive Director.' Any unused per diem and/or units of service in one quarter may be carried over to a subsequent quartet within the 8-month agreement period, given adequate justification and with the prior approval of CCC1,I 3.. f, 10/09/088:50 Ake Page ) 0 of 2q Item # 29 ACt TITLE FORM 2 Attachment number 1 CHARTING THE COURSE FOR YOUTH43ST Page 11 of 29 CURRENT & PROPOSED OPERATt NG SUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) 07-08 08 09 07-08 08-09 PROD. PROD. % JVM JWB % BUCK. BUNG. CHG. ALLOC, ALLOC. CHG. Salary Accounts: %9.120 Regular Salaries and Wages Total Salary: Fringe Accounts' 569.210 FICA 569.220 Retirernent Contributions 569.230 Life and Health Insurance 569.240 Workers Compensation 569:230 Unemployment Compensation, 'Fatal Fringe: operatfiV Moefte. Accounts: 569:310 Professional Services 5$9.311 Professional ServicesiWorkshops $69.320 Accounting and Awliting 5€9.3,21 Bank Seivio s 569.330 Court/Legal Services 569;340 Other Contractual Services 589.369 Investigations 569.400 Tfavel and Per tai 569.401 Oorrferance 10/09/088:50 AM $128,546 $64,447 -50% $128,546 $64,47' -Sm $1,864 $935 -50% $20,567 $12,102 -41% $24,504 $11,435 -53% 53,349 $1,484 $0 $0 $,11,2$4 $25,856 -411% $0 $a 0% $0 $0 0% $0 $0 0'/ $0' $0 0% $0 48 WA $0 $0 $0 $0 $Q ago $0 ? 0% Page 11 of 29 $$4,756 $41,12$ -51% $24,759, $41,128 -M% $112N $696 -52% $9,100 $7,723 -15% $18,630 $8,598 54% I# $870 100% 1, $0 0°,b 3 $17,787 -39% $1 $0 0% $0 $0 0% $0 $0 0% $0 $0 0% $0 0 0%% $0 $0 MAC $0 $0 (0% $0 0% Item # 29 ACM TrfLV 569.402 Transportation 569.410 Cote mumications-Telephone 569.41:1 CommunicatEorrs-Long Distance 569.412 Communications-Postage, and ?hippirtg 569.413 Communieation4ntet'net 569.430 UdKty s vices 569.431 'Vf r/Sewer/$anitat on 569.440 Rentals & Leases (Building & Land) 569.441 Rentals & leases - Equipment 569.450 Insurance 569.46D Repair & Maintenance Services- Equipment 569.461 Repair& Maintenance services - Property 569.462 Repair & Maintenance Services - Grounds 569.463 Vehicle Repair and Maintenance Services 559470 Printing & tai xft 569.471 Copying & Binding, 569.480 Prontofio al ACINities 569.481 Advertising 569.493 Match 5&9.4.9.4 Administtativ8 Cost W9.495 Residential Per Qiern 14/09/039:50 ,/ (1) (2) (3) (4) ($) Attachti nt number 1 Page 12 of 29 07-08 08-09 07408 08.t3$ FROG. PROG. % JIM JWB % BURG. BtlOG. CHG. ALLOC. ALUM CHC. $0 $0 0% $0 $0 0%a $0' $0 0%o $0 $0 0°10 so $0 $0 $0 0% $11 i 0% $0 $0 0% $0 $0 0% $0 $0 0% so 0% $0 0% 110 so 0% so $0 0% $0 0% $0 $0 0% $0 $0 01YO so $0 0% $0 $0 0% $0 0% $0 $0 0% $0 $0 0% $0 $0 _ $0 $0 0% $0 ;a $0 $0 0% $0 1 % $o $0 0% $0 so 0% $0 $0 00/6 $0 $0 0% 1110 $0 0% $0 $0 t1% $0 $0 0% $0 $0 $0 $0 0% $0 $0 $0 0% $0 $or $0 0% $0 40 0% $0 $0 0% Page 12 of 29 Item # 29, ACCT# TITLE 569.496 Cray Program Per [Bern 569.497 Cray Program Sub" 559.498 Day, Program Hourly Unit Cost 5€9.510 Office Supplies 569.515 Participant arses 569:520 Operating Supplies 569.521 Food & Nutrition 569.540 Sul sicriptiorm 569.541 Books 569:542 Dues & Membersbips 569.543 Educational Materials 559:544 Educational Training 569.590 Deprecation 569:600 OttwAliscellaneous 569.640 Mat:" & Equipment (Capital, outlay) 569.560 Books, Publications,, and 1-brary Materials (Caphao UNIT Individual Counseling Units COST UNIT Group Counseling Units COST UNIT Family Counseling Lints COST UNIT Parent Education Units COST UNIT Case Management Una COST (1) (21 ($) (4) (4) Attachl-Olt number 1 Page 13 of 29 07-08 08-09 07-08 08-09 PROG. PROG. JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.- so $0 0% $0 $0 00/0 11110 Will on $0 $0 0% $0 $0 0% $0 $0 0% $200 $250 25% $0 $250 100% $900 $9,920 9002°16 SD $9;920 1000/0 TM $2,000 122% $(Y $2;000 100% $1,759 $4,006 12a% $0 $4,006 100% $0 $720 100'% °50 $720 100% $0 $0 $0 0% $0 $0 0% $0 0% Q60 $0 0% $0 $0 0% $0 so 0% $0 I 0% 0 0%, $0 $0 0% $0 11D 0%. $0 $0 00/0 $0 $0 00 $0 $0 06/4) $0 $0 . 0% 40 $0 we so $0 0% $a $0 0%6 $4 $0 0% $0 $o 0% 60 so a I $0 0% * IR Ow $0 ll 00% $0 .1o' 0% $0 $0 0% 10/09/089:50 AM Page 13 of 29 Item # 29 ACCT# THE LHT Dai y+ Per Diem Unf COST . UNIT Urif Crams (New System Units) COST Total Operating Expense: Total! Program Eapttn . 10/09/09&: Q AM (1) (2) (4) (S) Attach it number 1 Page 1 of 29 07-08 08-09 07-08 08-09 pkww PROG. 9 JWB JWB 9G BUD( BURG. CHG. ALLOM ALLOC. CHG. $(Y 0%, so $0 0% $0 $0 0% $0 $0 0010 $V5 X18 3489 i $,$ t t sla3,l $107,299 -41'% $113,717 $78,811 .33% Page 14 of 29 Item # 29 FORM 3 Attachment number 1 Pag e 15 of 29 CHARTING THE COURSE FOR'YOUTH-OST SALARY AND° FRINGE PREPARATION' FISCAL YEAR 08-09 f6 Time Gram Sam in Fringe in ,1WB IRetium Me R"" Sam PoSMOn Hrd/Wk Salary Program Program For Salary For Fringe Funding Y # Wks 98-09 09-09 0"3 08-0 QS-p Recreation Coordinator LaTeria.'Kathleen 15% $63;592 $6,604 $2,168 $0 $0 0.009A 40 52 Recreation bNon, Freda 100% ,$30,490 $21,108 ",Oot $21,108 $9,004 100.00%, Programmer 40 62 Recreation Auskakus, Richard 1009b $28,918 $20,020 $8,763 $20,020 $8,783 100.00% Programmer 40 52 Recreation Supervisor 11 Moon, Barbara 25% $47,741 $8,263 $2,987 $0, $0 0.00% 40 62 Recreation Supervisor II Sowada, Karen 250/6 $48,832 $8,452 $3,025 $0 0.00%a 40 52 TOTALS $219,575 $94,447 $25,966 $41,128 $17,787 63.82'X. A 10/09/088.50 AM 11'age 15 of 29 Item # 29 FORM 4 Attachment number 1 Page 16 of 29 CHARTING THE COURSE FOR YOUTH-C ST SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 08-09 DERNA71ON OF FIGURES AND LINE ITEM ? PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT I ACCOUNT NAME INCREASEIDECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.120 Regular Salaries and $64,447 VV.V" 1013/2008 Employees reoeive a merit increase of 3% for program employees, Dixon, Ausklanis, Sowada; Moon, LaTerza, per pending City Union and Civil Service agr ftients. Program funded from Oct 1, 2008 to June 5, 2M. Funding period equals 18 pay periods. 18 paysM annual pays = .6923. Salaries and fringe calculations all based on 614.23° funding except for pension. One program site was deleted taut the contracted service level will remain the same. Therefore, the staffing and supervision k veis decreased, while program funding remained the same. 569.210 FICA W5 Z01% 1011/2008 Municipal employees with a pension,pian hired after 19,86 only pay FICA-Med at 1.45 percent of annual salary. Program funded loom Oct 1, 20,08 to June a, 2€109. Fw idling period equals 98 pay periods. 18 paysi26 annual pop =4M. FICA calculated at 69.23% of annual.. One program site was deleted but thg contracted service ll will remain the same. Therefore, the staffing and supervision levels decreased, while program funding remained the same. 3Q6 Mixon+290 Auskalsris+96-LaI erza +123 Spwada +120 Anton=935- 569.220 Retirement $12,102 -4'1% Contributions 10/1 /2008 City pension plan is calculated 0113% of antiual SAIMy. This percentage decreased from 16% fast year due to the health of the pension. All grant employees are eligible for the pension plan. All of the pension amount is paid into the plan by the city for each employee in the first 6 month of the fiscal year. Although this program is funded for 36 weeks, 100% of the annual pension wig be paid in that time. One program site was deleted but f#?e contracted service level roill remain the same. Therefore, the staffing aril supervision levels decreased, while program funding remained the same. Dixon total salary for 52 weeks -ft X30;490 $30,490 x 13% = $3,%4 Auskainis total salary for 52 weeks = $2$,918 28,918 x 13% = $3,759 City in kind = LaTerza $1,240 Sawada $1587 Moon $1551 3964+3759+1240+1587+1562=12102 10/09/088:50 AM Page 16 of 29 Item # 29 ACCOUNT 1t ACCOUNT NAME 569.230 Lee and Health Insurance 559.240 569.250 Workers Compensation Unempktyrrient Compensation DEMATION OF FIGURES AND JD,STIFi TION OF INCAEANEIDECREASE OR, OTHER MU LANATION AS NEEDED LINE ITEM $ A umber 1 P AMOUNT DECREASE $11,435 -53% 101=008 Full time employees receive medical insurance at no costto the employee employer's best is set by bid, FY 07A)8-- $6,200.08M bid not yet received. All employees receive Group Ule insurance at $10 annually. Coordinators and Supervisors, LaTetza, Sowada, Moon receive additional management level Ip'e insurance. One program site was deleted but the contracted service tevei will remain the same. Therefore, the staffing and supervision levels decreased, while program funding remained the ,same. Dixort trskalms annual Lfa& Health = $6210 $6.2110 x 69.23% _ $4,298 each City"s in kind=LaTerzaft$657 Sowada=$1090 Moon=$1090 4299+4299+857+1090+109D=11435 $1,484 -56% 10/112008 The City of Clean er pays $1R5 per full tune employee forWoiker's Compensation for Cky paid program employees (3) and X29 for grant paid employees-Dixon, Auskalnis_ Workees Comp is set per department depending on the number and cost of claims tirade previously. The grant paid employees are in;a separate category (special programs) and therefore are not charged the same rate as the City pant MR staff. Last fiscal year, there was a s goftant difference In City staff expenses and JM funding. The City paid for ail WC as part of our in-kind contribution. TW year, we dropped a site, but kept the contracted service level the same. Therefore, WC has been added back in the Program Funding for Dixon and Auskalnis. Amount calculated based on 1'8 pay periods or 69.23%. 435 Dixon+435 Auskalnis+ 163 LaTerza+225 Sowada+225 Moon=1483 8/29/20,7 The City of Clearwater is self insured and does not blu gent for unemployment compensation Insurance, Unempkryment pompensation is only paid when we get a claim. There have been no claims for this budget, n10/09/088:50 AM Page 17 of 29 Item # 29 DERIVATION OF FIGURES AND LINE ITE11A $ A umber 1 JUSTIFICATION OF AMOUNT P ACCOUNT # ACCOUNT N"F. INCREASEIDECREASE OR OTHER DECREASE EXPLANATION AS NEEDED K RATING E)UNEWE BUDGET NARRATNE 569.310 Professional Services 6JW2006 L1~ due to increased salaries. Will use free ssrviops Worn programs such as GAPP. Original Budget Calculation =0 569.311 Professional $0 11% Serv'ices11i1torkshops Original Budget Calculatt n =0+0 569.320 Accounting and Auditing Origir;gt Budget Calculation =0+0 569.321 Sank Servers 0% Original Budget Calcutatfar 569.330 CourtlLegal Services t Original Budget Cakwh9ho, =0+0 t 569.340 Other Contractual Services Ja 0% Original Budget Gal;Wagon =0}a 569.350 Investigations ]0/09/088:50 AM Original Budge Cafeubdion =0+0 Page 18 of 29 Item # 29 Attachment number 1 Pa e 19 of 29 DERIVATION OF FIGURES AND LINE rrM ? PERCENT JUS71FICATION OF AMOUNT INCREASE/ ACCOUNTS ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPILANATIORAS NEEDED 569.400 Trawl and Per Dim $0 Odell all Budget Cahalan s0+0 569.401` Conlersance $0 09/0 Original Budget Celcuft Son s0+0 569.402 "fbnSportstrort $0 Original Budget Carl Won ?-0 560.410 Comrnunicalions-Teleph 0% one Or[orW Budget Calculation =0+0 569.411 Cmmunicatons-Long , 0% Distance Originai Budget Catculatiwr =0+Q 569.412 Communications-Postag $0 e and Shipping OrighW Budget CalcuWtlorr -0+0 569.413` t ommunication-1nt e , $0 MA Original Budget Calculatift =0+0 569.430' 1;ttirity Services $0 Original Budget Calculation =0+0 10109/088:50 AM Wage 19 of 29 Item # 29 DERIVATION OF FIGURES AND JUSTIFICATION OF ACCOUNT 0 ACCOUNT NAME INCREASE/DC-CREASE OR OTHER EXPLANATION AS NEEDED 569.431 watwsewedSanitation Odginal Budget Calculation =0+0 568.440 Rentals & Leases (Building & Land) OrlgbW Budget Calculatiarr Z;0+0 569.441 `Rentals &'Leases Equipment Oiginal Budget calculation =0+0 569.450 Insurance Original Budget CalculaWrti ?=0+0 569.460 Repair & Maintenance Services - Equipment O f !hail Budget Cakulatiort =0+0 569.461; Repair & Maintenance Services - Property Original Budget Calculation -0+0 569.462 Repair & Mointenance Services - Grounds Orkilaal Budget C ort =0+0 569.463 Vehicle Repair and maintenance Servic Original Budget Calculation =-O*0 10/091'088:50 AM Page 20 of 29 m Attachment number 1 Page 20 of 29 uNE frEM $ PERCENT AIIKIJNT JNCREAW WCREASE $0 ()QA St1 t)t16 $0 a% ,$f1 $0 $0 $0 N Item # 29 DERIVATION OF FIGURES AND JUSTIFICATION OF ACCOUNT # ACCOUNT NAME INCREASEIDECREASE OR OTHER EXPLANATION AS NEEDED 569.470 Priming A Bind'ig Ortglnal Budget Calculation X0+0 569.471 Copying A Binding Original Budget Caicubdor $69.460 PrDmotional Activitieo ®rial" Budged Calculation =0+0 589.481 Advefting Original Budget Calcutatlon =0+0 569.493 Match Original Budget Calculation =0+0 569.494 Administrative Cost; Original BudgatCalcutatton =0+0 569.495 Residerfial Per Diem Orl Wl Budget Calculation =0+0 569.496 Day PrQWam Per Diem original Budget Calculation' =0+0 10/09/098:50 AM Page 21 of 29 Attachment number 1 Pa e 21 of 29 ? ITTEM $ PERCENT AMOUNT INCREASE/ DECREASE $0 0% '$€1 A `$0 :$0 0°,16 ._ $0 0%s $0 0% 0% Item # 29 DERIVATION OF FIGURE AND LNE ITEM T umber 1 JUSTIFICATION OF AkWLWt ACCOUNT # ACCOUNT 14AME INCREASE/DECREASE OR OTT ER bECREASE EXPLANATION AS NEEM 569.497 Day Program Subsidy $0 halo Original Budget Caiculatlon 50.499 Day Program Hourly` 40 Unit Cbst Original Badge Calculatiom =0+0 5?.51t3 Cffce $upplies 1250 257o' 101112008 Norton-Office =$125 N. Greenwvod-$125 Office supplies had been provides( from the City s in kind contribWorr. A site was dropped, but the contracted service I-vel remained the same sothere are more funds available fear office supplies. e Original Budget Calculation 125+125 569.515 Participant Expenses' $9,920 1002% 9/19120:0$ 11ftv'ses-20 x $10 x 10 trips x 2 site _ $4000 Fair-10 x $20 x 2 sitet = $400 Hallowscrbam-20 x $55 x 2 sit" ='$2200 Eusch Gardens 20 x $58 x 2 sites - $2320 Adventure lslar°4 20 x $2$ x 2 sites = $1000 Participant: expenses had been provided from the City's in ki W contaibtttion-and fund raising. A site was dropped but the contracted service level remained the saute so tt*m are rnore furs available. Original Budget Calculation =4000+4M+2200+2320+1000 569.520 Operating Supplies $2,0011 122% 9/19/2008 Pass Norton Video games, sports equ+pmerit, games, homework/educational materials. $1000 h1. Greenwood Video games, sports equipment, games, homework/educatianal matearWe. $1000 gating supplies had been provided from the City's in kind cofitributlon. A Site WAf; dropped but the contracted service level remained the seine so there are more funds available. Oftinal Budget Calculation =1000+1000 1010q/03E:50 AM Wage 22 of? Item # 29 DERIVATION OF FIGURES AND LIME ITEM ? ApSRtJWumber 1 JUSTIFICATION OF AMOUNT % ACCOUNT # ACCOUNT NAME IMCREASEIDECREASE OR OTFIER DECREASE EXPLANATION AS NEEDED 569.52! Food & Nutrition $4,006 128% 9/19/2008 Ross Norton-pizza and snacks $2003 N. Greenwood-pizza and snacks $2003 Food had been provided from the City's, in kind contribution. A site was dropped but the contracted service level rdnaine t the same so ttem are more funds available. Original Budget Calculation =2003+2003 569.540 Subscriptions $720 100% 10/112008 Ross Norton Music, CD subscription $200 Magazine subscription $160 N. Greenwood Music CD subscr lion $200 Magazine subscription $160' Magazine and CD subscriptions were in previous then renoved due to reduced operational funding. Since one site has been deleted, but the service level nimairied the same, funding for subsct0ions was added hack into the budget. OrigMwil Budget Calculation =200+160+200+160 569.541 looks 40 0%0 Original Budget maculation =0+4t 569.542 Dues & Memberships 0",6 Origlnai $Wget Calculation -!0+0 569.543 Educational Materials $it 0% Original Budget Calcutagon =0+0 560.544 Educational Training (rk Odginal Budget Calculation =0+0 10/09/098.50 7 -Page 23 of 29 Item # 29 DERIVATION OF FIGURES AND LINE ITEM S' =P2Vmber 1 JU?ICATION OF AMOUNT ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.690 Depreciation $0 60k Original BWget Calculation =0+0 569.600 DiheNWoltaneous ? 9/ Original Budget Calculation =0+0 569.6413 mach very & P-quiprtent. (Capital Ottda. Original Budget Cal+cu =0+0 ON 569.660 RooW Publications, and Libr'atjr Matelots (Capftat} Original Budget Calculation UNIT COST individual Counseiirg !faits original Budget CaWation =L +o UNIT COST Group Counselling Undsi Original Budget Caalculation m ?0.«0 UNIT COST Farnily Cotmwl ng Units- Original Budget Calculation =f}+Q UNIT COST Brent Ed tioo Units Original Budget Calculation =0+0 10/09,"089:50 AM 'Palge 214 of 29 $0 $0 4*1 ID #A $0 0°l4, to, 0`5`0 Item # 29 Attachment number 1 Page 25 of 29 DERIVATION OF FIGURES AND LINE ITEJW $ PERCENT JUSTIFICATION Of AMOUNT INCR J ACCOUNT # ACCOUNT N,t INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED UNIT COST Case Management $0 0% Lwts oria'tnal Budget Calcowo" ^0+O UNIT (7=' Mily Per C)iem LTrri? $9 74 oliginal Budget Calcuta on -Q+0 IT COST Unit Costs (New System" lfriits) Original Budget Calculation ?Q#9 10/09/0W50 AM Pa-c 25 of ?9 Item # 29 FORM 5 Attachment number 1 Page 26 of 29 Charting the Course for Youth-OST SOURCES, OF REVENUE W47 07-M 07-N 07-08 W" 084M 08-ft percent Fong Typef edet Total 1 'Suet Amend Total Budget Amend? TOW Mere" Decrem Government - Local (MIlCounty) City of meter $53,475 $88,872 $0 $68,872 $31,488 $0 $31.488 -64% $53;475 $€18,872 $0 $68,872 $31,488 $0 $31,488 -84% Grand Total $53.475 $68,872 $0 $68,972 $31.4W $0 $31,488 .M% FY 08-09 Totals Total Program Rem 107!, - Total Program Budget $10T,29Q Difference Total CSC Allocation $75,811 Total CSC Budget ;75,811 Difference $0 16/49/0&8:50 AIt+R+i Page 26 of 29 Item # 29 Funder TypeJFunder GaVOMMont- Loom pwcountA Cry of Clearwater FORM $ Attachment number 1 Page 27 of 29 C.haMng the Coume for YouM-OST SOURCES OF REVENUE NARRATIVE FY 08-09 Total Irradars 1,4 Parks and Recreation kind dollars funds supervisW oversight The Department is funded by the general fund which receives most of its funding from Ad Valorem taxes. 10/091088:50 AM Page 27 of 29 -Item # 29 Attachment number 1 Page 28 of 29 END OF PROGRAM BUDGET FOR har.fi g the Course for Youth-O T 10/09,'088:50 AM Page 28 of 29 Item # 29 Attachment number 1 ATTACHMENT 6 Page 29 of 29 Rmutz(1a,5r-uv:UT Zu=ni invoices are to be submitted to CCC by the le of each month. If invoices; are submitted by the TtO, pmt vain be : processed and rma'ited on Thursday, as shown Wow: Invoke Received Checks/M Remittanco Mailed November 10, 20% Naueraber 20, 2008 December 10, 2008 December 18,2008 January 10, 2009 January 15, 2049 February 10, 2009 February 19, 2009 March 10, 2009 March 19, 2009; April 10, 2009 A i 18, 2009 May 1Q, 2009 May 14, 2009 June 10, 2009 June 18,200-9 July, 1 10, 2009 July 16, 20039 August 10,, 2003, August 2.0, 2009 Septerriber 10, 20M September 17, 2009 Octaher 10, 2009 October 15, 2009 DCO encourages Electronic Fund Transfer .(EFL) payments which will transfer your payrmertt so that your bank receives the paymerd on Friday imnrnediately following the date of mailing indicated above. NOTE: If your Invoice is received prior to or after the 10"' of the month CGC writ[ make every attempt to, process the payment within 10 days. 10109%088:50ANT Tage 29 of 21 Item # 29 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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 Appropriation Comment $100,000.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 30 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 Horne 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: Other Current Year Budget?: Yes Budget Adjustment: Budget Adjustment Comments: Current Year Cost: 2008 Annual Operating Cost: Not to Exceed: 15,909.89 Total Cost: For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 181-99274 15,909.89 None 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 # 31 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $11,005.97 Annual Operating Cost: $8,050.00 Not to Exceed: Total Cost: $19,055.97 For Fiscal Year: 2008 to 2009 Appropriation Code Amount 0316-94234-564100-519- $31,748.88 0000 Appropriation Comment L/P CIP Bid Required?: No Bid Number: Orange County Other Bid / Contract: Schools Bid Exceptions: None Contract #07- 07-04 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Financial Services 6) Clerk 7) Assistant City Approval: Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 32 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $185,000.00 Annual Operating Cost: Not to Exceed: Total Cost: $185,000.00 For Fiscal Year: 2007 to 2008 Appropriation Code Amount Appropriation Comment 566-06611-550600-519-000 $200,000 BPO Bid Required?: No Bid Number: City of Tampa Other Bid / Contract: Bid Bid Exceptions: None #410051205 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 33 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 SUBJECT / RECOMMENDATION: 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) 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 A/C 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 l't 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 Amount 315-94524 $2,445,000 Bid Required?: No Appropriation Comment Long Center Major Infrastructure Improvements CIP Bid Number: Other Bid / Contract: State of Florida Contract #973-320-08-1 Bid Exceptions: None Cover Memo Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Item # 34 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 Item Form Rev. 11/06 # 34 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. TERMINATION OF THE AGREEMENT .........................................................................................7 10. ASSIGNMENT AND GOVERNING LAW .........................................................................................7 It. MISCELLANEOUS PROVISIONS .....................................................................................................7 12. ARBITRATION .....................................................................................................................................9 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H ATTACHMENTI ATTACHMENT J THE WORK (SCOPE-OF-WORD SOFTWARE LICENSE AGREEMENT THE INSTALLATION SCHEDULE SUPPORT SERVICES PAYMENT SCHEDULE ENERGY GUARANTEE SCHEDULE OF SAVINGS RESERVED RESERVED PROJECT ACCEPTANCE Note Re2ardin Modifications Made to this Agreement: 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 anv modifications to this Agreement unless auuroval to do so has been granted. Chances may be made only by deletion as explained above, or, by addendum. Item Form Rev. 11/06 # 34 Attachment number 1 Page 3 of 78 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 ARTICLE 2 HONEYWELL'S RESPONSIBILITIES 2.1 HONEYWELL Services 2.1.1 HONEYWELL shall be responsible for construction of the Project. 2.1.2 HONEYWELL will assist CUSTOMER in 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 Attachment number 1 Page 4 of 78 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 Indemnity 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 RESULTING FROM ANY SUCH ACTUAL OR ALLEGED INFRINGEMENT, EXCEPT AS SET FORTH IN THIS SECTION 2.3. 2.4 Warranties and Completion 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 2.4.1 HONEYWELL warrants CUSTOMER good and clear title to all equipment and materials furnished to 3.1 CUSTOMER shall provide HONEYWELL full information regarding the requirements for the Work. Form REV 11/06 Attachment number 1 Page 5 of 78 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. 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. 3.7 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 any one 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 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 Form REV 11/06 3 Attachment number 1 Page 6 of 78 ATTORNEYS' FEES, DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FINES, PENALTIES, 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. 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 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. 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. Form REV 11/06 Attachment number 1 Page 7 of 78 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 pay or 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. 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 Emergencies 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. 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 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 Form REV 11/06 Attachment number 1 Page 8 of 78 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 of USD $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 11/06 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 unreasonably 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 Attachment number 1 Page 9 of 78 (30) days notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. 8.5 Property Insurance Loss Adiustment 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 Liability 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 RESULT 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. 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. 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. 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 Form REV 11/06 Attachment number 1 Page 10 of 78 or to damage the disclosing party. This prohibition includes any business information (strategic plans, etc.) that may become known to either party. Each parry shall, upon request of the other parry 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 parry 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 parry at the time of disclosure; or (c) is subsequently rightfully obtained from a third party on an unrestricted basis; or (d) is approved for release in writing by an authorized representative of the disclosing party. 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. 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 11/06 Attachment number 1 Page 11 of 78 ARTICLE 12 ARBITRATION with the Construction Industry Arbitration Rules of the American Arbitration Association. 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 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 in 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. CITY OF CLEARWATER By By Name Name Title Title Date Date Form RFV 11/06 9 Attachment number 1 Page 12 of 78 ATTACHMENT A SCOPE OF WORK 1. RTU Replacement I.I. Demolition I.I.I. 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 YCD048A4L0AA D33144370D 4 TONS BYC170G4L000 #2 2-stages D33143641D 15 TONS BYC200G4L000 #3 2-stages D31143510D 17.5 TONS BYC200G4L000 #4 2-stages D32143371D 17.5 TONS BYC200G4L000 #5 2-stages D32143369D 17.5 TONS #7 2-stages BYC200G4L000 D31143508D 17.5 TONS BYC200G4L000 #9 2-stages D31143513D 17.5 TONS YCD060A4L0AA #10 2-stages D31144548D 5 TONS 1.2. Honeywell will install eight (8) new high efficiency packaged roof top 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 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. 1 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 # Area Name 1 Carlisle Courts & Gymnasium 2 Roz and Dan Doyle Center for Aquatics The following areas were evaluated but not included in the scope of work. Excluded Area List # Area Name 1 UPARC 2 Locker Rooms 3 Work Out Room 4 Entrance and Hallways 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 NM 0434 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. A. GENERAL CONDITIONS 1. Honeywell is not responsible for bringing existing lighting/electrical systems up to code. 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 $10/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 YM t1 W 434 Attachment number 1 Page 15 of 78 6. Piping: Should a problem with the existing piping system occur, Honeywell will be limited to piping 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 YM i 1 W 434 Attachment number 1 Page 16 of 78 ATTACHMENT B SOFTWARE LICENSE AGREEMENT Not Applicable Attachment B (Software License Agreement) n # 34 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. U TitNe¦e off*6 Sit Fib aAwtr is ww 12MOmb Oct Nox Uee J>r Feb Kv 1 11md Co act 1 day Wed 10fM Wed 1068 lq> q I AW 63 days Thu 1VM MM 11 119 3 WNAC PAM 120 days Thu 1VM Wed Af SE 4 FgW Sip of and andmi 9 days TW A M9 Tuc AT 9 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. Itom 4 34 Attachment C (Form Rev. 02/05) Page I of I (Revised 6-11-08) Attachment number 1 Page 18 of 78 ATTACHMENT D SUPPORT SERVICES AGREEMENT Honeywell Building Solutions SERVICE AGREEMENT Project Name: Proposal Number: Date: Agreement Number: (PROVIDER) City of Clearwater PerfContM&V 6/16/08 991- 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. ?Preferred Temperature Control Services ?Flex Temperature Control Services ?Preferred Automation Maintenance Services ?Flex Automation Services ?Preferred Fire Alarm Maintenance Services ?Fire Alarm Test and Inspect Services ?Preferred Security System Inspect Services ?Flex Security System Services ®Preferred Mechanical Maintenance Services ?Flex Mechanical Maintenance Services ?ServiceNetm Remote Monitoring and Control Services ?EBI Services ?Online Services ?Advanced Support ?Site Services ?Honeywell Energy Analysis Reporting ®Air Filter Services ?Water Treatment Services ?Critical Parts Stocking ?Thermography Services ?Emergency Generator Services ?In Suite Services ?Remote Monitoring/Radionics ?Indoor Air Quality Auditing Services ®Maintenance Service Special Provisions ® Energy Guarantee Special Provisions ® Energy Auditing and Analysis Services ?Honeywell 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: Thirty Five Thousand Four Hundred Eighty Nine and 00/100 dollars, ($ 35,489.00), Price for Year 2: Forty Two Thousand Four Hundred Nine & 00/100 dollars ($42,409.00) Payment Terms: Quarterly ? Sales Tax will be invoiced separately ® Use Tax is included in the Price ? 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 CUSTOMER: (City of Clearwater) Signature: X Name: X Title: Date: Proposal Number PerfContM&V Honeywell Service Agreement (Form Rev. 02/07-1) Page 1 of 11 (Revised 10/20/08) Item # 34 Attachment number 1 Page 19 of 78 General Terms and Conditions 1. WORKING HOURS Unless otherwise stated, all labor and services under this Agreement will be performed during the hours of 8:00 a. in. - 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. in. - 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 Honeywell; (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; (n 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 has the right to insure or self-insure any ofthe 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 of USD 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 assumed in the Contract. (d) Workers' Compensation Insurance Coverage A - Statutory limits and Coverage B-Employer's Liability Insurance with limits of USD S 1,000,000 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 of a Memorandum of Insurance which is accessible at: http://places.honevwell.com/moi. All insurance required in this Article will be written by companies with a rating of no less than "A-, XIF 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. 5. HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING 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 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. 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 BYLAW, 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, FINES, PENALTIES, 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. 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 WAIVES ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, MERCHANTABILITY OR FITNESS 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 # 34 Attachment number 1 Page 20 of 78 8.1 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 RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING 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 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INVOLVES THE INSTALLATION AND/OR MAINTENANCE OF SYSTEMS ASSOCIATED WITH SECURITY AND/OR THE DETECTION OF AND/OR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FIRE, HONEYWELL'S TOTAL LIABILITY ARISING OUT OF OR AS A RESULT OF ITS PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THIS 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 suit that 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 right to 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 of a 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 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. 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 further 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 that this 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 Honeywell. 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 software. 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. If repairs 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 event that the system or any equipment component thereof is altered, modified, changed or moved, this Agreement may be immediately adjusted or terminated, at Honeywell's sole option. HONEYWELL 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, WANs, 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 Page 3 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 Attachment number 1 Page 21 of 78 16. TERMS OF PAYMENT 16.1 Subject to Honeywell's approval of Customer's credit, Customer will pay or cause to be paid to Honeywell the full price for the 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 at the 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 adjust the 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 terminate 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 subject to any penalty, except that Customer will remain liable for Services rendered to the date of cancellation. 18. DEFFVITIONS 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 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 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 Page 4 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 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-1 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-10 17.5 Ton Trane Rooftop AHU 1 RTU-11 10 Ton Carrier Rooftop AHU I P-1 2 Heat Reclaim Pump 8 Thermostat NA Honeywell Programmable I Dectron/RS 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): 0 Continuous Emergency Service: 24 hours per day, seven days per week, federal holidays included 0 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. 0 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 # 34 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 Page 6 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 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: List of Covered Equipment: Fan System Unit Quantity Size Type Changes per year (1,2,4,6, or 12) RTU-1 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-10 1 24" X 24" 2" Pleated 4 RTU-11 1 24" X 24" 2" Pleated 4 Dectron /RS 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 Page 7 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 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 Page 8 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 Attachment number 1 Page 26 of 78 Enersy 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 Page 9 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 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 Page 10 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 Attachment number 1 Page 28 of 78 Enersy Guarantee Auditing 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. List of Covered Facilities, Meters, ECMs by Service Offering: (a) (b) ( c) (d) Related M&V Facility LDC-Meter # / 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 ECM 4 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: ® 1.4.1 Retrofit Isolation Energy 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 I Verification of Potential to Perform; Year 2 to End of Term Verification of Potential to Perform, Energy avoidance stipulated to be same as Year I Results, Cost avoidance includes stipulated escalation rate as listed in Art G Option A Audit Report section will be submitted: ® Annually ? 1.4.2 Energy Advisory Report-Level 1 (Not Applicable) ? 1.4.3 Energy Advisory Report Level 2 (Not Applicable) ? 1.4.4 Retrofit Isolation Energy Audit for Option B Verified (Not Applicable ? 1.4.5 Utility Bill Energy Audit for Option C verified ECMs (Not Applicable) Proposal Number PerfContM&V Page 11 of 11 Honeywell Service Agreement (Form Rev. 02/07-1) Item # 34 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 1.1.2 Percent Complete $ 2,445,000 Percent of Proiect Complete Upon contract execution: 30% Monthly Progress payments 65% Upon project delivery and acceptance: 5% Amount Due $ 733,500 $1,589,250 $ 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 pay or cause to be paid to HONEYWELL the full price for the Services as specified in Attachment D. 14cm 4 34 Attachment E (Form Rev. 11/06) Page I of I Revised 6/11/08 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 HVAC 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 Measure jpt4 Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 1 of 9 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-parry financing entity providing for payments from CUSTOMER to third-parry 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 (Ist) day of the month following the date of Final Project Acceptance of the Work installed and ending on the day prior to the first (Ist) anniversary thereof. "Guarantee Period" is defined as the period beginning on the first (Ist) 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 Year [as identified in Section 3.1 hereofJ. "LP.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 defined; 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) Page 2 of 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 (1st) 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 1 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 covered inns Wit4 Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 3 of 9 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 Savings. 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 Savings Before Final Project 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 Savings After Final Project 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 Savings. 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 Savings. 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 Savings 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 A22re2ation of Savings. 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 Savings 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 otice t o %4 Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 4 of 9 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 Savings 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 1 of Attachment G) for the purpose of utility bill analysis. AND/OR for those energy audits employing the method consistent with I.P.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: L 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 I.P.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: L 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 Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 5 of 9 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 Changes. 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 Adversely Impacting Savings. 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 Honeywell 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) Page 6 of 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. Equipment 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 Replacement Responsibilities. 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- I 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 Diagnostics. 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 Reporting Responsibilities. 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, Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 7 of 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 Reporting 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): (1) 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 Chances in Enerav 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. Unreported 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. Adjustments for Material Chance In the event of any increase or decrease in energy consumption and demand for any month resulting from a reported or unreported 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 unreported 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. Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 8 of Attachment number 1 Page 38 of 78 --- End of Attachment F --- Attachment F (Form Rev. 10/06 - Modified for Florida Statutes) Page 9 of 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 i oftem # 34 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 oftaM # 34 Attachment number 1 Page 41 of 78 ATTACHMENT G SCHEDULE OF SAVINGS 1. Schedule of Savings The total energy and operational Cost Avoidance 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 20 years, subject to Attachment F. 1.1 Energy Savings. 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. Att A No. [a] ECM Description Electric Year 1 Non-Electric Year 1 Water Year 1 Total Year 1 1 Install Pool Dehumdification $0 $90,618 $0 $90,618 2 Replace Roof Top 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 Savings. 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 Attachment G (Form Rev. 11-06) Page 1 of 6 Revised 1 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 1g` Year osD# Operational Savings Description (OSD) Category Cost Ref. (O&M, Capital,) Avoidance 1 Extended Periodic Painting and Corrosion Control Al O&M $50,000 2 Reduced Maintenance with Honeywell Service of Roof Top A2 O&M $ 30,387 Units Total $80,387 [a] O&M: operations and maintenance. 1.3 Ener2y and Operational Cost Avoidance Guarantee Practices: 1.3.1 BASELINE Operating 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-1. 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 Adiustments: 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, Attachment G (Form Rev. 11-06) Page 2 of 6 Revised 6/11 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 Operating 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 Adiustments: 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-1. 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 of 6 Revised 6/11 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 Avoidance Methodology Exhibit Description 1 Natatorium Painting Calculation of estimated Labor & Material Savings due to reduced G-10 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-10 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 Avoidance Detail in the Exhibits. [a] O&M: operations and maintenance. 1.3.4 Other energy and operating savings 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: Att A Description of Attachment A Tasks not included in Sections 1.1 or 1.2 above No. 3 Reduced maintenance and labor costs for lighting upgrades Attachment G (Form Rev. 11-06) Page 4 of 6 Revised 6/11 Attachment number 1 Page 45 of 78 1.4 Guarantee Savings Measurement and Verification Plan 1.4.1 Measurement and Verification Methodolo2v(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 w/ Stipulated N/A N/A Burn 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-0. 1.4.2 Ener2y 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 84°F. 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 82°F and the Therapy pool at 84°F and the space at 84°F. 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. 14_- U Attachment G (Form Rev. 11-06) Page 5 of 6 Revised 6/11 Attachment number 1 Page 46 of 78 1.4.2.2 Roof Top Unit Replacement Honeywell will replace 8 roof top 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 Li2htin 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 Recovery 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 roof top replacement ECM. The calculated value of heat recovery will be stipulated for the term of the contract. 1.4.3 Specific ECM M&V Plan(s),: Specific M&V plans are displayed in Exhibit G-0. 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-0 Measurement & Verification Plan Details Exhibit G-1 Baseline Operating Parameters Exhibit G-2 Guarantee Period Operating Parameters Exhibit G-3 Contractual Baseline Conditions, Utility Use, Utility Unit Costs Exhibit G-4 Pre-Retrofit Baseline Adjustments Exhibit G-5 Known Future Post-Retrofit Baseline Adjustments Exhibit G-6 ECM-1 - Pool Dehumidification Cost Avoidance Calculation Exhibit G-7 ECM-2 - Roof Top Unit Replacement Cost Avoidance Calculation Exhibit G-8 ECM-3 Lighting Upgrades Cost Avoidance Calculation Exhibit G-9 ECM-4 Domestic Hot Water Heat Recovery Cost Avoidance Calculation Attachment G (Form Rev. 11-06) Page 6 of 6 Revised 6/11 Attachment number 1 Page 47 of 78 EXHIBIT G-0 Measurement & Verification Plan Details EXHIBIT G-0 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) Description/Rationale for ECM and M&V Method. A Retrofit Isolation Methodology (Option A) with performance and operational parameters stipulates' and agrees' 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) Boundary of Energy 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 Adjustment 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 & Sampling 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 EnerMV & 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-Energy Operational 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-Going 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-0 Page 1 of 4 Proprietary and Confides # 34 Attachment number 1 Page 48 of 78 EXHIBIT G-0 Measurement & Verification Plan Details 1) Description/Rationale for ECM and M&V Method. A Retrofit Isolation Methodology (Option A) with performance and operational parameters stipulates' and agrees' 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) Boundary of Energy 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 Adjustment 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 & Sampling 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 Energy & Cost Avoidance Customer agrees that the engineering calculations presented are stipulated and represent the guarantee period operational performance and energy savings accrued. 7) Determination ofNon-Energy 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-Going 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) Description/Rationale for ECM and M&V Method. A Retrofit Isolation Methodology (Option A) with performance and operational parameters stipulates' and agrees' 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-0 Page 2 of 4 Proprietary and Confidi # 34 Attachment number 1 Page 49 of 78 EXHIBIT G-0 Measurement & Verification Plan Details 2) Boundary of Enerzy 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 & Sampling 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 Energy & 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-Energy 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-Going 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 stipulates' and agrees' 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) Boundary of Energy 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-0 Page 3 of 4 Proprietary and Confidi # 34 Attachment number 1 Page 50 of 78 EXHIBIT G-0 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 & Samplinz 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 Energy & 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-Enerzy 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-Going Activities: in accordance with Attachment D. 9) 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. Exhibit G-0 Page 4 of 4 Proprietary and Confide # 34 Attachment number 1 Page 51 of 78 Exhibit G-1 Baseline Operating Parameters Long Center Occupancy Schedules and Space Temperature Setpoints: Building/Unit Occupancy Schedule Cooling Setpoint Heating Setpoint Notes: 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 Offices 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 Item # 34 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 Schedule Cooling Setpoint Heating Setpoint Relative Humidity Notes: 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 Offices 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-1 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 Confidi # 34 Attachment number 1 Page 53 of 78 EXHIBIT G-3 Contractual Baseline Conditions, Utility Use, Utility Unit Costs ASELINE Natural Gas: 4106654- REGULAR aura Gas: 4106654- REGULAR Natural Gas: 4106657- POOL Natural Gas: 4106657- 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 Sep-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 -11 Customer Charge $17.42 Energy Charge/kWh (On-Peak) $0.04659 Energy Charge/kWh (Off-Peak) $0.01869 Fuel Char e/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 Char e/kW Base $0.85 Demand Charge/kW (On-Peak) $2.57 Gross Reci pts Tax 2.5641% Natural Gas - Clearwater Gas: $.4 10 Contract Customer Charge $30.00 NonFuel Charge/Therm $0.4100 Fuel Charge/Therm $1.0900 Total Gas Char e/Therm $1.5000 State Gross Recipts Tax 2.117% 6% Franchise Fee 6.127% Total Tax 8.245% Total Charge $1.6237 Natural Gas - Clearwater Gas: $.4 10 Contract Customer Charge $0.00 NonFuel Char e/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 1of 2 Proprietary an#§pNf#e34a1 Attachment number 1 Page 54 of 78 EXHIBIT G-3 Contractual Baseline Conditions, Utility Use, Utility Unit Costs Progress Energy Lonq Center Acct # 91948-11052 BASELINE On Peak kWh Charge On-Peak Off Peak kWh kWh Charge off-Peak Lighting Lighting Charge Base Demand Peak Demand Base 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 BASELINE Peak Demand Customer Charge Total Electric Cost Fixture & Maitenance Gross Recipts Tax Municipal Franchise Fee Total Consumption Billed Amt. Unit Cost Load 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 ProprietA tQm*,34-1 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 84°F. The units were set to be turned off during unoccupied periods. Natatorium 1. General Details: Floor Area ........................................................ 24000.0 ftz Avg. Ceiling Height ................................................ 22.0 ft Building Weight ...................................................... 70.0 Ib/ftz 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. Internals: 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/ft2 Schedule ................................. None 2.5. Miscellaneous Loads: Sensible . ......................................... 0 BTU/hr Schedule ................................. None Latent .... ...............................602350 BTU/hr Schedule .............. Evaporative Load 3. Walls, Windows, Doors: Exp. Wall Gross Area (ft') Window 1 Qty. Window 2 Qty. Door 1 Qty. N 4708.0 150 0 0 E 2464.0 85 0 0 W 2464.0 85 0 0 S 1800.0 8 0 0 Exhibit G-4 page 1 of 7 Proprietary and Confidential Item # 34 Attachment number 1 Page 56 of 78 Exhibit G-4 Pre-Retrofit Baseline Adjustments 3.1. Construction Types for Exposure N Wall Type ......................................... Default Wall Assembly 1 st Window Type .................................... Window Assembly 3.2. Construction Types for Exposure E Wall Type ......................................... Default Wall Assembly 1 st Window Type .................................... Window Assembly 3.3. Construction Types for Exposure W Wall Type ......................................... Default Wall Assembly 1 st Window Type .................................... Window Assembly 3.4. Construction Types for Exposure S Wall Type ......................................... Default Wall Assembly 1 st Window Type .................................... Window Assembly 4. Roofs, Skylights: Exp. Roof Gross Area (ft') Roof Slope (deg.) Skylight Qty. H 24000.0 0 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 ftz Total Floor U-Value .............. ................................ 0.100 BTU/(hr-ftz-°F) Exposed Perimeter .............. ................................ 500.0 ft Edge Insulation R-Value ...... .................................. 2.00 (hr-ftz-°F)/BTU 7. Partitions: (No partition data). Roof Roof Details Outside Surface Color .............................. Absorptivity ............................................... Overall U-Value ........................................ Roof Lavers Details (Inside to Outside) ...... Dark ..... 0.900 .....0.121 BTU/(hr-ftz-°F) Layers Thickness in Density Ib/W Specific Ht. BTU / (lb - °F) R-Value (hr-ft'--°F)/BTU Weight lb/ft' Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 Board insulation 1.000 2.0 0.22 6.94400 0.2 Built-up roofing 0.376 70.0 0.35 0.33200 2.2 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals 1.409 8.29411 3.7 Exhibit G-4 page 2 of 7 Proprietary and Confidential Item # 34 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-ftz-°F) Wall Lavers Details (Inside to Outside) Layers Thickness in Density Ib/W Specific Ht. BTU / (lb - °F) R-Value (hr-ft'--°F)/BTU Weight lb/ft' Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Gypsum board 0.625 50.0 0.26 0.56000 2.6 Air space 0.000 0.0 0.00 0.91000 0.0 LW concrete block 4.000 38.0 0.20 1.51500 12.7 Face brick 4.000 125.0 0.22 0.43300 41.7 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals 8.624 4.43600 56.9> Window 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-ftz-°F) Overall Shade Coefficient .................. .................. 0.506 Glass Details: Gap Type ............................................. 1/2" Air Space Glazing Glass Type Transmissivity Reflectivity Absorptivity Outer Glazing 1/4" blue-grn reflective 0.282 0.295 0.423 Glazing #2 1/4" blue-green tint 0.488 0.062 0.450 Glazing #3 not used 1.000 0.000 0.000 Pool Occupancy (Fractional) Hourly Profiles: 1:School Weekday Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 0 0 0 0 0 0 1 201 201 201 301 301 301 501 501 501 71 71 1 501 401 21 11 0 0 0 2:School Weekend Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 0 0 0 0 0 0 0 11 21 21 30 30 50 50 65 65 65 40 30 10 10 11 0 0 3:Summer Weekdav Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 0 0 0 0 0 0 10 15 21 30 50 60 76 76 76 70 52 40 24 17 14 0 0 0 4:Summer Weekend Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 0 0 0 0 0 0 0 16 22 26 60 80 95 100 90 100 90 62 39 33 23 10 0 0 Exhibit G-4 page 3 of 7 Proprietary and Confidential Item # 34 Attachment number 1 Page 58 of 78 Exhibit G-4 Pre-Retrofit Baseline Adjustments Assianments: 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) Hourly Profiles: 1-Non Summer Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 5 5 5 5 5 5 11 1 231 331 421 501 581 621 591 501 461 391 371 331 301 231 6 6 6 22SummPr Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 6 6 6 6 6 6 27 40 64 71 75 79 86 100 96 92 84 77 71 55 31 15 6 5 3:Holidav Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value 5 5 5 4 5 4 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Assianments: 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 CO2 Level ..................... ........................................................... 400 ppm Heating Coil Data: Setpoint ....................................................................................................... 84.0 °F Heating Source ..................................................... Combustion - Natural Gas Schedule .............................................................................. JFMAMJJASOND Exhibit G-4 page 4 of 7 Proprietary and Confidential Item # 34 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 °F Return Fan Data: Fan Type ....................................................... ......................... Forward Curved Fan Performance .......................................... .............................................. 1.00 in wg Overall Efficiency .......................................... ................................................. 54 % 3. Zone Components: Space Assignments: Zone 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 °F Hot Water Delta-T ....................................................................................... 20.0 °F 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 / Thermostat) Hourly Profiles: 1:Prefile One Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value U U U U U U U O O O O O O O O O O O O O O U U U O = Occupied; U = Unoccupied Assianments: 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 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 of 7 Proprietary and Confidential Item # 34 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 Au 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 Dec 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 84°F. Table 2: Calculated Pool Energy Use Therms Fuel Non Fuel Cust 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 Dec 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 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 1). The Baseline adjustment is summarized in the table below: Exhibit G-4 page 6 of 7 Proprietary and Confidential Item # 34 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 Au 0 $63 Sep 4,262 $7,012 Oct 3,623 $5,944 Nov 2,423 $4,000 Dec 6,761 $11,041 Total 40,563 $61,019 Exhibit G-4 page 7 of 7 Proprietary and Confidential Item # 34 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 ftz Avg. Ceiling Height ................................. .............. 22.0 ft Building Weight ....................................... .............. 70.0 Ib/ftz 1.1. OA Ventilation Requirements: Space Usage ......................................... User-Defined OA Requirement 1 .................................. ................ 0.0 CFM/person OA Requirement 2 .................................. .............. 0.32 CFM/ftz Space Usage Defaults ............. ASHRAE Std 62-2001 2. Internals: 2.1. Overhead Lighting: Same as Exhibit G-4 2.2. Task Lighting: Same as Exhibit G-4 2.3. Electrical Equipment: Same as Exhibit G-4 2.4. People: Same as Exhibit G-4 2.5. Miscellaneous Loads: Same as Exhibit G-4 3. Walls, Windows, Doors: Same as Exhibit G-4 3.1. Construction Types for Exposure N Same as Exhibit G-4 3.2. Construction Types for Exposure E Same as Exhibit G-4 3.3. Construction Types for Exposure W Same as Exhibit G-4 3.4. Construction Types for Exposure S Same as Exhibit G-4 4. Roofs, Skylights: Same as Exhibit G-4 4.1. Construction Types for Exposure H Same as Exhibit G-4 5. Infiltration: Same as Exhibit G-4 6. Floors: Same as Exhibit G-4 7. Partitions: Same as Exhibit G-4 Roof Assembly Same as in Exhibit G-4 Exhibit G-5 page 1 of 6 Proprietary and Confidi # 34 Attachment number 1 Page 63 of 78 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 CO2 Level ...................... ........................................................... 400 ppm Dehumidification Data: Maximum RH Setpoint Central Cooling Data: Supply Airflow Rate ........... Coil Bypass Factor ............ Cooling Source ................. Schedule ........................... Capacity Control ............... Central Heating Data: Supply Temperature ......... Heating Source ................. Schedule ........................... Capacity Control ............... ........... 50 % .................................................................24000.0 CFM ..................................................................... 0.100 ................................................ Water-Cooled DX ................................................ JFMAMJJASOND .......... Cycled or Staged Compressor - Fan On ....................................................................... 95.0 °F ................................. Combustion - Natural Gas ................................................ JFMAMJJASOND .......... 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: Zone 1: Zone 1 Natatorium X1 Exhibit G-5 page 2 of 6 Proprietary and Confidi # 34 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 °F Cooling T-stat: Unocc . ............................................ .................................... 84.0 °F Heating T-stat: Occ ................................................. .................................... 84.0 °F Heating T-stat: Unocc ............................................. .................................... 84.0 °F T-stat Throttling Range ........................................... .................................... 2.00 °F 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 °F Supply Fan Airflow ....................................................... ......................... 24000.0 CFM Ventilation Airflow ........................................................ ........................... 7680.0 CFM Heating Supply Temperature ....................................... ............................... 95.0 °F 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 Zone Supply Airflow (CFM) Zone Htg Unit (MBH) Reheat Coil (MBH) (CFM) 1 24000.0 5. Equipment Data Central Cooling Unit - Water-Cooled DX Estimated Maximum Load .............................................. ........................ 1902.0 MBH Design EWT .................................................................... ............................ 85.0 °F 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 of 6 Proprietary and Confidi # 34 Attachment number 1 Page 65 of 78 Exhibit G-5 Post-Retrofit Baseline Adjustments Thermostat Schedule (Fan / Thermostat) Hourly Profiles: 1:Profile One Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value O O O 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 0 2:Profile Two Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 2,3 Value O O O O O O O O O O O O O O O O O O O O O O O O 3:Profile Three Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value O O O O O O O O O O O O O O O O O O O O O O O O Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Value O O O O O O O O O O O O O O O O O O O O O O O O 4:Profile Four O = Occupied; U = Unoccupied Assignments: 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. Table 1 - Energy Simulation Output Dry- Bulb Wet- Bulb Central Cooling Coil Central Cooling Eqpt Central Unit Clg Central Heating Coil Central Heating Eqpt Central Heating Coil Supply Temp Temp Load Load Input Load Load Input Fan Month Da 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 Exhibit G-5 page 4 of 6 Proprietary and Confidi # 34 Attachment number 1 Page 66 of 78 Exhibit G-5 Post-Retrofit Baseline Adjustments Table 1 (cont.) - Energy Simulation Output Dry- Bulb Temp Wet- Bulb Temp Return Fan Pump Electric Lighting kW Month Da 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 Peak Off Peak Peak Off 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 Au 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 Dec 6,394 25,432 84 109 31,826 187,168 455,755 120 137 642,922 Exhibit G-5 page 5 of 6 Proprietary and Confidi # 34 Attachment number 1 Page 67 of 78 Exhibit G-5 Post-Retrofit Baseline Adjustments Table 2 cont. - Energy Simulation Cost On Peak kWh Off Peak kWh On peak Demand Off Peak Demand Tax Customer Charge Total 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 $2,472.16 $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 Dec $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 of 6 Proprietary and Confidi # 34 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. Table 1 - Dehumidification Unit Hourly Simulation Sample Result onth ay our Dry- Bulb Temp (-F) Wet- Bulb Temp (-F) Central Cooling Coil Load (MBH) Central Cooling Eqpt Load (MBH) Central Unit Clg Input (kW) Central Heating Coil Load (MBH) Central Heating Eqpt Load (MBH) Central Heating Coil Input (MBH) Supply Fan 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(cont.)- Dehumidification Unit Hourly Simulation Sample Result Dry- Wet- onth Day Hour Bulb Temp (-F) Bulb Temp (-F) Return Fan (kW) Pump (kW) Electric Lighting (kW) Pool Loss (MBH) Pool Heat (therms) Condenser Heat (MBH) Aux Heat (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. Table 2(cont.) - Simulation Auxiliary Gas Requirement Results Calculated Auxilia Natural Gas Requirement Therms Fuel Non Fuel Cust Charge Tax Total Jan 2180.4 $2,376.68 $894.00 $30.00 $272.13 $3,572.81 Exhibit G-6 page I of 2 Proprietary and Confidi # 34 Attachment number 1 Page 69 of 78 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 Savings $ 100,687 Guaranteed Savings 90% $ 90,618 Exhibit G-6 page 2 of 2 Proprietary and Confidi # 34 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 Buildinq: 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. ASSUMPTIONS: SYMBOL: Present cooling energy usage ............................. ........... 30,888 KWH/yr A Electrical demand period ..................................... ........... 10 months B Existing cooling equipment EER rating ................ ........... 7.7 MBTU/KWH C New cooling equipment EER rating ..................... ........... 11.0 MBTU/KWH D Cooling equipment rated capacity ....................... ........... 18 tons E Weekly cooling system operation ........................ ........... 60 hrs/wk F Cooling season length ......................................... ........... 32 wk/yr G Avoided cost of electricity .................................... ........... $0.080 /KWH H Avoided cost of demand ...................................... ........... $3.51 /KW I Cooling conversion factor .................................... ........... 12 MBTU/ton-hr Number of units .......................................... ......... 5 UTILITY SAVINGS CALCULATIONS: Load Factor = 0.57 Demand Savings = 24.13 KW Cooling Savings = 46,332 KWH/yr Cost Savings = $4,550 /yr Guaranteed Savings @90% = $4,095 /yr Item # 34 Exhibit G-7 Page 1 of 5 PROPRIETARY AND CONFIDENTIAL Attachment number 1 Page 71 of 78 EXHIBIT G-8 ROOF TOP UNIT COST AVOIDANCE CALCULATION COOLING EQUIPMENT UPGRADE Honeywell Job Name: City Of Clearwater Buildinq: 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. ASSUMPTIONS: SYMBOL: Present cooling energy usage ............................. ........... 25,740 KWH/yr A Electrical demand period ..................................... ........... 10 months B Existing cooling equipment EER rating ................ ........... 7.7 MBTU/KWH C New cooling equipment EER rating ..................... ........... 11.0 MBTU/KWH D Cooling equipment rated capacity ....................... ........... 15 tons E Weekly cooling system operation ........................ ........... 60 hrs/wk F Cooling season length ......................................... ........... 32 wk/yr G Avoided cost of electricity .................................... ........... $0.080 /KWH H Avoided cost of demand ...................................... ........... $3.51 /KW I Cooling conversion factor .................................... ........... 12 MBTU/ton-hr Number of units .......................................... ......... 1 UTILITY SAVINGS CALCULATIONS: Load Factor = 0.57 Demand Savings = 4.02 KW Cooling Savings = 7,722 KWH/yr Cost Savings = $758 /yr Guaranteed Savings @90% = Item # 34 Exhibit G-7 Page 2 of 5 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 Buildinq: 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. ASSUMPTIONS: SYMBOL: Present cooling energy usage ............................. ........... 8,580 KWH/yr A Electrical demand period ..................................... ........... 10 months B Existing cooling equipment EER rating ................ ........... 7.7 MBTU/KWH C New cooling equipment EER rating ..................... ........... 11.0 MBTU/KWH D Cooling equipment rated capacity ....................... ........... 5 tons E Weekly cooling system operation ........................ ........... 60 hrs/wk F Cooling season length ......................................... ........... 32 wk/yr G Avoided cost of electricity .................................... ........... $0.080 /KWH H Avoided cost of demand ...................................... ........... $3.51 /KW I Cooling conversion factor .................................... ........... 12 MBTU/ton-hr Number of units .......................................... ......... 1 UTILITY SAVINGS CALCULATIONS: Load Factor = 0.57 Demand Savings = 1.34 KW Cooling Savings = 2,574 KWH/yr Cost Savings = $253 /yr Guaranteed Savings @90% = Item # 34 Exhibit G-7 Page 3 of 5 PROPRIETARY AND CONFIDENTIAL Attachment number 1 Page 73 of 78 EXHIBIT G-7 ROOF TOP UNIT COST AVOIDANCE CALCULATION COOLING EQUIPMENT UPGRADE Honeywell Job Name: City Of Clearwater Buildinq: 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. ASSUMPTIONS: SYMBOL: Present cooling energy usage ............................. ........... 6,864 KWH/yr A Electrical demand period ..................................... ........... 10 months B Existing cooling equipment EER rating ................ ........... 7.7 MBTU/KWH C New cooling equipment EER rating ..................... ........... 11.0 MBTU/KWH D Cooling equipment rated capacity ....................... ........... 4 tons E Weekly cooling system operation ........................ ........... 60 hrs/wk F Cooling season length ......................................... ........... 32 wk/yr G Avoided cost of electricity .................................... ........... $0.080 /KWH H Avoided cost of demand ...................................... ........... $3.51 /KW I Cooling conversion factor .................................... ........... 12 MBTU/ton-hr Number of units .......................................... ......... 1 UTILITY SAVINGS CALCULATIONS: Load Factor Demand Savings Cooling Savings = 0.57 = 1.07 KW = 2,059 KWH/yr Item # 34 Exhibit G-7 Page 4 of 5 PROPRIETARY AND CONFIDENTIAL Attachment number 1 Page 74 of 78 EXHIBIT G-7 ROOF TOP UNIT COST AVOIDANCE CALCULATION A Ex12 x F x G C =J Demand Savings = load x tons x 12 x 1 _ 1 factor lexistEER new EER 1 1 =JxExl2x - ]=K IC D demand oper^ . Cooling Savings = x savings period = K x F x G = L energy elect. demand demand Cost Savings = x + x x months savings cost savings cos t =HxL+KxBxl Item # 34 Exhibit G-7 Page 5 of 5 PROPRIETARY AND CONFIDENTIAL t N N C N N N N o x w F V 0 > Y Y ° 00 co ~ - N M I\ O CL o °v CL ? Y O F- i N V C O 0 O M ? N N O a m c ? a m .2 -Fo m z CL ? U d ? 2 = m w a g SO d ? o a 3 3 = ° LO X W LO 3 V Z c z c O a m ? N d co rn o m m - c a w 7-1 2 7-1 2 v ° °o N W N Q Y O O O L CL rn c N 00 O LO V % Y O w d N O 0 O L CL c R w ? C7 N N G. O Y m O U o CL m rn c d "? v O N O U O O W O N M M N NI O of to N N O N co N co I d l C7 2 Attachment number 1 Page 76 of 78 EXHIBIT G-9 DOMESTIC HOT WATER HEAT RECOVERY COST AVOIDANCE CALCULATIONS Hot Water Savings Name of Facility MAIN Natural Gas $/therm Cost of Hot Water/kgal Percentage of Hot Water to produce 80 Deg. F Mix for faucet usage Percentage of Hot Water to produce 103 Deg. F Mix for shower usage Boiler Efficiency: BTU Content of Nat. Gas: Water Specific Heat: Cold Water Temperature: Domestic Hot Water Temperature. Water Density: $ 1.50 $ 11.71 20.00% 50.00% 80% 100000 BTU/Therm 1 Btu/db-F) 65 F 140 F 8.33 lb/gal DHW USE Fixtures No. 4" and 8" Center Sets 12 Low flow Shower Heads 16 Use Rate 1.50 gpm 2.50 gpm Frequency Days 30Mins/Day 260 30Mins/Day 260 Yearly Use 140 kgals 312 kgals HW Use 28 kgals 156 kgals Total 452 kgals 184 kgals Total Therms 1,438 Total Cost $2,156 18 Ton Heat Recovery Heat Availability 5,983 therms DHW Heating Coincidence Factor 20% DHW Heating Heat Recovery 1,197 therms Total Savings $ 1,795.00 Total Guaranteed Savings $ 1,615.50 EXHIBIT G-9 1 oft Proprietary ar0(§ft 1a*a1 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 School/Building/Facility by: School/Building/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) Page 1 of 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: I. 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 /or 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) Page 2 of ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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 1) Human Resources 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 35 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 SUBJECT / RECOMMENDATION: Appoint Councilmember John Doran to the Pinellas Planning Council for a new two year term expiring on December 31, 2010. SUMMARY: The Pinellas Planning Council encourages the City to consider the reappointment of Councilmember Doran, who is considered a valuable member of the Council, if he is willing to serve. Review Approval: 1) Clerk Cover Memo Item # 36 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $175.00 Not to Exceed: For Fiscal Year: 10/01/08 to 09/30/08 Appropriation Code 0-590-07000-545900-519- 000-0000 Bid Required?: Other Bid / Contract: No Amount $175.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: No $175.00 $175.00 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 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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. Cover Memo Prohibited fishing from and into public bathing and swimming areas. Item # 38 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. 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 # 38 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: Section 22.21. Definitions Chapter 22 Parks, Beaches, Recreation* Article II. Use Regulations* Person shall be understood, as employed herein, to mean any individual regardless of age or sex, or any corporation, company, association, firm, partnership, club, society, or any association of person, or any agent or employee thereof. Public Nudity shall be defined as set out in Chapter 21, Offenses, of this Code, as may be amended from time to time. Ordinance NRem-428 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 CHAUTAUQUA PARK 9 CHAUTAUGU 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 NRea -428 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 PLAYFIELD 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: 39 -R,AvFRONIT TENINISS COMPLEX- 3-9 38 COACHMAN PARK 49 39 COURTNEY CAMPBELL RECREATION AREA 44- 40 COUNTRYSIDE LIBRARY PLAYGROUND 42- 41 MAGNOLIA STREET DOCK 49 42 MEMORIAL PARKS 1 & 2 44- Mnr?C.A. 2- 1 ^II-A. K FNIIAT1RFRA,RK Ordinance nl#.ea -428 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 46 47 STATION SQUARE PARK 47- 48 TURNER STREET DOCK 49 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 50 BAYFRONT TENNIS COMPLEX 46 51 BELMONT PARK 49 52 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. a9 53 COACHMAN RIDGE PARK 54 54 COUNTRYSIDE COMMUNITY PARK 52 55 DEL ORO PARK (Trail: Sunrise to Sunset) 53- 56 FRANK TACK PARK 54- SINGS ulGH%A.lAV REECREEATION CENTER 55 LAkArni RnkAn c Q. cui 1RRi RRnARD C0-MRI FX? 56 57 MARYMONT PARK a? 58 MONTCLAIR PARK 69 MQ_RN1IN1 2-1DF RFE FEAT 1nni C0-MRI F, 59 N' Q. G R cEnikAinnn REC & AQ iATIC C0-MRI FX? 69 59 PLAZA PARK 64- ROSS- NORTON COMPLEX Q. Rn %AiRIGHT PARK 62 60 SID LICKTON PARK & FRED COURNOYER CT. 69 61 SUNSET SAM PARK AT ISLAND ESTATES 64 62 U.S. 19 SOCCER PRACTICE FIELDS 66 63 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 66 64 CREST LAKE PARK 6? 65 EDGEWATER DRIVE PARK Ordinance Niles -428 Attachment number 1 Page 5 of 13 68- 66 FOREST RUN PARK 69 HENRY L. grnn1-11CQMR E? 7-0 67 JOE DIMAGGIO COMPLEX 7-4 68 LONG CENTER 7-2 69 MANDALAY PARK 7,3 70 McKAY PLAYFIELD 74 71 PIER 60 PARK 7-5- VVQQD VALLEY RECREATION GENTER 7-& 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: 77- 73 CLEARWATER BEACH 7-9 74 MEMORIAL CAUSEWAY 79 75 SAND KEY BAYS I D E PARK 99 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 84 77 CARPENTER FIELD 82 78 COOPERS POINT NATURE PARK 93 79 COUNTRYSIDE SPORTS COMPLEX 94 80 DAVID MARTIN SOCCER FIELDS 95 81 E. C. MOORE COMPLEX (1--9) 96- EC nannQFE F?FEI Q2 Q Q. a $7- GLEN OAKS SOCCER FIELD-&- 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 99 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK S9 86 PHILLIP JONES PARK CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 90 87 BRIGHTHOUSE NETWORK FIELD Fg? 88 CHI-CHI RODRIGUEZ GOLF COURSE Ordinance NRea -428 Attachment number 1 Page 6 of 13 92 89 CLEARWATER COUNTRY CLUB 93 90 CLEARWATER EXECUTIVE GOLF COURSE 94 91 HARBORVIEW CENTER 96- 92 HOLT AVE. PROPERTY 96 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 97- 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 1 9.9 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 Manager or his or her designee may prohibit a party from parking a vehicle in an area designated for parking or upon any other park property if said party does not remain on the park property and such parking inhibits or prevents others from parking 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, damage or injure in any way, or displace, remove, destroy or tamper with any park buildiRg facility or any part of the park grounds including, 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, 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 NRea -428 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 obtaining a permit from the Parks and Recreation Department. (4) Preservation of archaeological and historic sites: no person shall excavate, disturb or remove any historic or prehistoric cultural artifacts, nor any bones, shells, or geological specimens on land owned or managed by the City, except as part of an authorized and designated study for scientific, documentation or research purposes, and only with written permission from the City Manager or their designee. Scientific evaluation excavation of any designated or non-designated archaeological site may not be conducted without a state permit. (4) 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. (a) No person shall tie any animals to any tree or plant. (6} 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, signs, trees, etc. (9) No person shall use water from park water fountains, hose bibs and sinks in restrooms for the purpose of bathing. Bathing is allowed only in specific bathhouses set aside for such purposes. Section 22.29. Refuse and trash. glass, Ne persen shall deposit er drep er plaGe any refuse inGluding bettles, broken asri, hocac paperr, exes, Gans, dirt, rubbish, garbage, tebaGGG prnrli ante nnntain r?c- h?v?c?wuzc?aste ', ,?vrnurr-re?? er foil u pen the ground, park water, er in er en any other park property, park-way er other area eperated er maintained by the pity evnept in the reneptanle prn?iided for trash d+snesal- No person shall dispose of any paper, bottles, waste, garbage, trash, cigarette 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, garbage, 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 nl#.ea -#28 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 piGPa G party to be properly disposed of °'C°cr?cw'rhr°crpz 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 NRem-428 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. no (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 lifeguard stand or station, or other lifesaving equipment at any time. (12) No persons or pets shall wash or be washed, with soap or other cleaners, in any swimming area or any other public waters, including but not limited to beaches, storm water. lakes or streams. Section 22.35. Fishing. (1) Fishing will be in accordance with the State Fish and Wildlife Conservation Commission and the State Department of Environmental Protection rules and regulations. Ordinance NRea -428 Attachment number 1 Page 10 of 13 (4} Commercial fishing or the buying or selling of fish caught in any park waters is strictly forbidden. (24 The use of trotlines for fishing in park waters is forbidden and the use of cast nets for fishina in fresh water in Darks is forbidden. (4) Fishing is permitted in all parks except those designated with signage not allowing fishing. (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 bathing and swimming are permitted nor within any safe bathing 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 ?R 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 Dog Parks only, there are areas designated for dogs off leash. Dogs in these designated areas must be accompanied by their owner, be under vocal control and not cause a public nuisance, safety hazard or harass wildlife. (3} All pets shall be excluded from all public beaches, public pools, and swimming areas abutting public beaches and parks. (4) The &nmorc of animals, nr the persons having nnntrnl ever Oho animals, shall romnvo all evnrement deposited by their animals, An pork prepeFty, pi blip heanhes, and the Courtney Campbell (5) In the case of pet defecation on park property or Courtney Campbell Recreation Area, the owner or person in charge or in control of the pet shall remove all feces deposited by such animal and dispose of same in a sanitary manner. Ordinance NRem-428 Attachment number 1 Page 11 of 13 (a) 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 04 (5) 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 designated and marked "no parking" or otherwise marked for restricted use. (3} No person shall park a vehicle overnight in any park unless authorized. (4) 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 propel a person by a wheeled device like a skateboard, roller skates, and in-line skates en any publiG bathing bear--h AW park prep" except in the areas set aside for that purpose `Mhos Sur--h aGtiVity presents a threat of injury er less of life- to any persGn. Ordinance NRem-428 Attachment number 1 Page 12 of 13 (c) Use of park property is limited to its intended use only, unless permission is granted in writing by the City Manager or his or her designee. Skateboarding shall be governed 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 greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with others who are complying with the law and using reasonable care. (3) No person shall travel on a trail in a negligent manner. For the purpose of this section "travel on a trail in a negligent manner" shall be construed to mean any form of travel on a trail in such a manner as to endanger or be likely to endanger 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, including but not limited to foot, bicycle, horse, skateboard, roller skates and in-line skates. (5) Every person traveling 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 nl#.ea -#28 Attachment number 1 Page 13 of 13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Laura Lipowski Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance NRem-428 ' l City Council Agenda Council Chambers - City Hall Meeting Date: 11/6/2008 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 over Memo Item # 39 Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $76,200 Not to Exceed: $76,200 For Fiscal Year: 2008 to 2009 Budget Adjustment: No Annual Operating Cost: 0 Total Cost: $76,200 Appropriation Code Amount Appropriation Comment 010-01822-582000-572-000 $76,200 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 Cover Memo Item # 39 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 L 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 # 39 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 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 adjacent 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. Item # 39 Attachment number 1 Page 3 of 9 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 adjacent 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. Item # 39 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. Item # 39 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. 11. 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 Item # 39 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 sections 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 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 Item # 39 Attachment number 1 Page 7 of 9 the end of the fiscal year. Grants for future years of this agreement are subject 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. 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 1, March 1, and July 1 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 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 Item # 39 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. 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. 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 day of , 2008. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 39 Attachment number 1 Page 9 of 9 PINELLAS CORE MANAGEMENT SERVICES By: Printed Name: President Item # 39 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Citizens Survey Presentation - Doug Matthews, Dir. Public Communications SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 40 14M O V O d d 3 14M O V N V low 0 i d low V i t 1 L J Y > E II II II o V ? \ o 0 ? o M Cfl LO CL 0 L p (1) 0 ? L O ca ? co V U ? C? -Se L E U C N V a) A+ O W cl 0 O II II o O W V! ti It ti L O ^V ', W x L 0 42 N L a) O VJ d w ca Cf) a E E 0 U -Se L E a) a) cn O 0 II II O O \ O N I,%? LO O O o o O 0 o . a? o z o c d E as 0 c v U -Se L E U C N N O 0 II II o Il%? Co m co It U") U") It E a) •- L > E o > E > U c- Q - U c? ? o ? a) . ? o E o ? U - co Q O ? N a9 v -Se L E a) ? o 0 v a II II II 0 0 *8-R *8-R co N 00 co I? m 00 ti ci a) L. n U a) L U 0 L E . W W Y, a? a? N 'L Q L (1) LU -Se L E a) a) cn O O II ? 9 - 0.?o O U a) O U N CY) L V CY) U U 0? O -1--a U a) O U a) -1--+ cn m 3: i (a O U L ?a) VJ L. N N am 'a? 'L LU -Se L E a) O O II II o O ? I? co V ! co U") U C? a) C C: L C: • co a) Q O c E L O O O O L L VJ VJ VJ VJ AW c a? E a 0 a? a? 0 a? c c ca a -Se L E a) a) cn 0 0 II II o N 00 CO It co co O E C;) 0. O c: O O E c- O O N O U L o 06 U C: c;) E w C '- O a) C? 0 O 0 Co U U a w -Se L E U a) •• • in J O O O O N CO 00 w o0 U) Se L 0. N E c? L O L 0 L U 0? cn O U C? L.L 0 L U 0? cn O U L w L J rm 0 ca v r E 0 U -Se L E U a) a) cn O 00 O O V-- 00 ? co O E L o .U ? U ? N _ _ ? ,O .- *+ N ? d Q ? N 0 0 0 Cf) LM -1--i Q. 0 C, CY) LO V X 0 E N ? N LM ? x X X E E E a) cu N ? O N ? 0 2 ry rm 0 v 0 J LL -1--+ 0 a) E 0 cn c m 0 .?I 0\ 0\ 0\ 0\ ? I? N N 0 It It LO 0 0 0 0 m co 00 00 M ? U") It a) U 0 O 0 L CY) 0 C: .0 S CY) ? .O Z U) a) E O cn a? O co O 0 O O LM 4q- CY) 4q- =1 0 LL -t a) Q O N 0 CL CL 0 V CL Q =3 U) CL O 0 C). 0 N N N ? ? li Q E E O O O L d d U N O a+ d N r0? u O O O .0 Jc: 0) 0 C: ? O ? O N N L. a) U) --+ 1 U) O a) a) ?"c 4 cn O O ?"E E E a) E O E ? O O U U) U u-) O U) O M ? u) ? O O 0 m O a) t) .0 -1--a m a) ? C: a) O U O > a) -0 .. O O O O . (1) rm 0 a? 0 ?I C: C- W W V, E 0 0. O O O O .r.: > L a) O? •- O U > C? O •- O cn cn cn a) O = ? O .- O c O O un O cn cn c n W O ui L- A V, O ¦ U cr o ? O O > O ? O O? ca. N N N U X N L. V/ 0 O L V/ O U U W L 0 E E E - 0 Co U L. a) . a) c: cn .- C L cn E U C, Se j o E ?--+ ? U U ? O 0 Jc: 0 0 L. o • U 0 L 0 > a) •- ?- > E ,- L. • cn U ?--+ ? •- L cn o a) a) E t11 ? 0 0 o Cl. ' Co H V CIO ?--+ E O '- V U cn CU > '- 0 E o > CD 0 L '- > 0 cn CU 0 L. ? 0 Cu c U 14M O V O d d 3 Attachment number 2 Page 1 of 6 1W -W law -W Interoffice Memorandum To: Sill Horne, City Manager From: Doug Matthews, Public Communications Director CC: Jill Silverboard Assistant City Manager Rod Irwin, Assistant City Manager Date: 11/4/2008 The Public Communications 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 performance measurement. This survey is administered to roughly 500 local governments across the country, providing a snapshot of Clearwater's perfornance relative to other jurisdictions, and where possible relative to previous city surveys. The survey was administered by mail during the months of August and September of 2008 to a random sampling of residents throughout the community. 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 were benchmarked against all other participating communities, and ranked against all communities of similar size to Clearwater (pop. 64,000 -150,000). You'll note that the new survey places more of a focus on broader community 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 you'll 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 Clearwater was a "good" or "excellent" place to live, and 76% of respondents said the same of their neighborhoods. These were consistent with benchmarks. Those under 35 or over 54 were slightly more likely to respond positively (+ 8% and + 7%o respectively). Those living in the downtown were significantly less likely to respond positively to both questions (76% and 47% respectively). 75% of respondents rate the overall quality of life in Clearwater as "good" or "excellent" which tracks with national benchmarks and is similar to results from the 2006 survey (80%). Item # 40 Attachment number 2 Page 2 of 6 Those without children were more likely to give positive scores (+ 13%), as were those under 35 (+ 10%) and over 54 (+9%). Those in the downtown neighborhoods rated quality of life significantly lower (62%) than other areas of the community. Scores regarding community cleanliness (64%) and quality of the natural environment (61 %) were below national benchmarks. Those with children (55%) and those between the ages of 35 and 54 (55%) scored the city lower on cleanliness, as did those living in downtown neighborhoods (52%). Those living in downtown neighborhoods and in central Clearwater scored the city lower on the quality of the natural environment (48% and 57% respectively). When asked if Clearwater was moving in the right direction, only 47% responded positively, compared with 66% in the 2006 survey. This was belowbenchmark scores, and was quite likely affected in part by the budget reductions that were 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 lowest with those living in the community over 20 years (36%). Those under 35 were significantly more likely to respond positively than other age groups, with a 65% positive response. Those living in beach communities were far less likely to respond positively (30%) than other areas of the community. Participants generally felt good about the reputation of Clearwater as a community, with 67% responding positively. This was similar to benchmark scores. Those under 35 or over 54 were significantly more likely to respond positively (+ 19% and + 8% respectively). Those living downtown or in beach communities were less likely to respond positively (54% and 53% respectively). CLEARWATER AS A PLACE TO LIVE 2008 2006 Overall 83% NA Neighborhood 76% NA Quality of Life 75% 80% Moving in Right Direction 47% 66% Cleanliness 64% NA Natural Environment 61% NA Air Quality 59% NA Reputation of Clearwater 67% NA National Benchmark Population Benchmark H H H H H H H H H H QUALITY OF SERVICE - Seven out of ten Clearwater residents (70%) rate the overall performance of the City in providing services as "good" or "excellent." This figure is virtually unchanged from the 67 percent of residents who responded positively in 2006. This tracked similarly with national benchmarks. Those under 35 or over 54 were more likely to score the city`s service levels positively (+ 11% and + 13% respectively). Those living in the beach communities were less likely to respond positively (61%) than other areas of the community. - Only 48% of those surveyed viewed the value received for their city taxes positively, which could be a reflection of the larger property tax debates taking place locally and around the state. This ranked below the national benchmark Those under 35 or over 54 were significantly more likely to respond positively (+ 17% and + 18% respectively). Those living in the beach communities were significantly less likely to respond positively (33%) than other areas of the community. Item # 40 Attachment number 2 Page 3 of 6 While fewer people reported having interaction with city staff than the benchmark communities (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 under 55 were more likely to have interacted with staff. Those who have lived in Clearwater under 5 years were most likely to rate staff positively. Those living in beach communities and downtown were least likely to offer positive scores. QUALITY OF SERVICE 2008 2006 National Benchmark Population Benchmark Overall 70% 67% H H Value for Taxes Paid 48% NA Staff Overall 75% NA H H COMMUNITY SAFETY - Most respondents (92%) felt safe in their neighborhoods during the day, which dropped to 71% at night. These numbers tracked with national benchmarks. Positive reponses were particularly lower 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 were 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 Clearwater, and 53% indicated feeling safe against property crimes. While the property crime numbers track with other benchmark communities, the violent crime numbers are above national benchmarks. These were driven by notably lower numbers in downtown neighborhoods (52% and 41 % respectively) and in central Clearwater (62% and 47% respectively). COMMUNITY SAFETY 2008 2006 National Benchmark Population Benchmark Neighborhood 92% NA H H Neighborhood after dark 71% NA H H Downtown 77% NA Downtown after dark 35% NA Safe from property crime 53% NA H H Safe from violent crime 64% NA Item # 40 Attachment number 2 Page 4 of 6 SATISFACTION WITH SELECTED CITY SERVICES In past surveys, residents were 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 where it ranked against benchmarks. SERVICE 2008 2006 National Benchmark Population Benchmark Public Safety Police 76% 79% H H Fire 92% 87% H H EMS 88% NA H H Emergency Preparedness 73% NA Garbage Collection 89% 82% Recycling 77% NA H Yard Waste Collection 79% NA Sewer Service 69% NA H H Drinking Water 50% 66% Clearwater Gas 67% NA NA NA Engineering/Public Works Stormwater 60% 60% Street Repair 51% 65% H Street Lighting 67% NA Sidewalk Maintenance 57% NA H H Public Parking 26% NA Signal Timing 42% NA Development Planning & Code Enforcement 42% 60% H H Planning & Zoning 38% NA H H Economic Development 36% NA Quality of Life Parks 82% NA Recreation Programs 74% 80% H Recreation Facilities 76% NA Library Services 88% 90% Natural Preservation 60% NA H H Beach Maintenance 77% NA NA NA Public Information 71% NA C-VIEW TV 68% NA CIVIC INVOLVEMENT/INCLUSIVENESS - Fewer than 50% of respondents felt that Clearwater had a strong sense of community (47%), which was below benchmark scores. Positive scores increased with length of residency, while those living in downtown neighborhoods scored significantly lower (37%) than other areas of the community. Item # 40 Attachment number 2 Page 5 of 6 When asked if the community accepts people of diverse backgrounds, 56% responded positively. This was consistent with national benchmarks. Residents over 55 were more likely to respond positively (63%), while those living in downtown neighborhoods were 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. Fewer felt that their participation was welcome (43%) or listened to (34%). These were both belowbenchmarks. Residents in central Clearwater were most likely to respond positively (48% and 44% respectively) while those living in beach neighborhoods were least likely (33% and 24% respectively). CIVIC INVOLVEMENT/ INCLUSIVENESS 2008 2006 National Benchmark Population Benchmark Sense of Community 47% NA Acceptance of Diversity 56% NA H H Opportunity to Participate 59% NA H H Welcoming Involvement 43% NA Listening to Citizens 34% NA HARBORVIEW CENTER Residents were asked what redevelopment options they would 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 while those further from downtown tended to favor a mostly residential option. HARBORVIEW CENTER SUPPORT OPPOSE PREFERRED BY Mostly residential 54% 46% 1,5 Mostly office 49% 51% 1 Mostly hotel 45% 56% None Mostly retail 60% 40% 2,3,4,5 Retail only 52% 48% 2,3,4 1) Countryside, 2) Beaches, 3) Downtown, 4) Central, 5) East GENERAL OBSERVATIONS - Those attending a public meeting (24%) fell belownational benchmarks, while those watching meetings on television (56%) was above. Those living in beach neighborhoods were significantly more likely to have participated in these forums (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%. - Clearwater scored well 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 # 40 Attachment number 2 Page 6 of 6 Affordable housing remains a concern, though the numbers are not notably above or below national benchmarks, with 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 with national benchmarks. Younger residents and those newer to Clearwater were more likely to have used the city website. Having a recreation facility and/or library within walling distance was far less important to respondents (39%) than having one in a respondent's neighborhood/nearby neighborhood (53%) or within 10 minutes of home (58%). As could be expected, younger residents and those with 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 between 35 and 54 were 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 within the data that can help Clearwater focus resources and decisions in the future. The NCS rates twa aspects of life in the city. Services and Characteristics. In tern is of services, Clearwater almost universally perforn is consistent with 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 well known issue in the community. The only other service to score belowbenchmarks was fire prevention and education, an area that has seen significant reduction in the last twa budget years. Scores on community characteristics, though, generally fell equal to or below benchmarks with the exception of quality of life aspects like recreation and culture. Many of these characteristics area t influenced solely by the city government, and could require broader partnerships with community organizations in order to influence them. An interesting trend in the data is that residents between 35 and 54 generally feel less positive about the community than younger and older residents. It's evident from the data that citizens are generally happy with 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 community safety and involvement that require focusedl, long-term- support. Overall, the NCS provides an abundance of data and a good launching point for future strategic planning and performance management discussions. Item # 40 Attachment number 3 Page 1 of 104 ational Citizen SurveyTM CITY OF CLEARWATER, FL 2008 NATIONAL Ks RESEARCH 'Co E N T E R inc 3005 30th Street Boulder, CO 80301 ww.n-r-c.com 0 303-444-7863 777 North Capitol Street NE, Suite 500 Washington, DC 20002 www.icma.org 0 202-289-ICMAltem # 40 Attachment number 3 Page 2 of 104 City of Clearwater 2008 CONTENTS Survey Background ............................................................................................................. 1 About The National Citizen SurveyT"' ...................................................................................... ..1 Understanding the Results ...................................................................................................... ..3 Executive Summary .......................................................................................................... .. 5 Community Ratings .......................................................................................................... ..7 Overall Community Quality ................................................................................................... ..7 Community Design ..................................................................................................................9 Transportation .................................................................................................................... 9 Housing ........................................................................................................................... 12 Land Use and Zoning ....................................................................................................... 14 Economic Sustainability .......................................................................................................... 17 Public Safety .......................................................................................................................... 20 Environmental Sustainability ................................................................................................... 23 Recreation and Wellness ........................................................................................................ 26 Parks and Recreation ........................................................................................................ 26 Culture, Arts and Education .............................................................................................. 29 Health and Wellness ........................................................................................................ 31 Community Inclusiveness ....................................................................................................... 32 Civic Engagement ................................................................................................................... 34 Civic Activity .................................................................................................................... 34 Information and Awareness .............................................................................................. 37 Social Engagement ........................................................................................................... 39 Public Trust ............................................................................................................................ 41 City of Clearwater Employees ........................................................................................... 44 From Data to Action ......................................................................................................... 46 Resident Priorities .................................................................................................................. 46 City of Clearwater Action Chart .............................................................................................. 47 Using Your Action ChartT"' ................................................................................................ 49 Policy Questions ..............................................................................................................50 Appendix A: Complete Survey Frequencies ......................................................................51 Frequencies Excluding "Don't Know" Responses ....................................................................51 Frequencies Including "Don't Know" Responses .....................................................................62 Appendix B: Survey Methodology ....................................................................................77 Appendix C: Survey Materials ...........................................................................................85 The National Citizen SurveyTM Item # 40 Attachment number 3 Page 3 of 104 City of Clearwater 2008 SURVEY BACKGROUND ABOUT THE NATIONAL CITIZEN SURVEY" The National Citizen SurveyT"' (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 Identify community Strengths and ?veal:nesses Identify service strengths and weaknesses Immediate Provide useful information for: Planning Resource allocation Performance measurement Program and policy evaluation Multi-COntact mailed Survey Representative sample of 3,000 residents and households 735 surveys returned; -20% response rate 4"'/,, margin of error Data statistically "'eighted to reflect population Long-term Improved services More civic engagement Better community duality of life Stronger public trust 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 SurveyT"' 1 Item # 40 Attachment number 3 Page 4 of 104 City of Clearwater 2008 FIGURE 2: THE NATIONAL CITIZEN SURVEYTm FOCUS AREAS COMMUNITY QUALITY Quality of life Quality of neighborhood Place to live COMMUNITY DESIGN Transportation Ease of travel, transit services, street maintenance Housing Housing options, cost, atfordabi I ity Land Use and Zoning New development, growth, code enforcement Economic Sustainability Employment, shopping and retai 1, City as a place to wort: PUBLIC SAFETY Safety in neighhorhood and downtown Crime victimization Police, fire, EMS services Emergency preparedness ENVIRONMENTAL SUSTAINABILITY Cleanliness Air duality Preservation of natural areas RECREATION AND WELLNESS Parks and Recreation Recreation opportunities, use of parks and facilities, programs and classes Culture, Arts and Education Cultural and educational opportunities, libraries, schools Health and Wellness Availahility of tool, health services, social services COMMUNITY INCLUSIVENESS Sense of community Racial and cultural acceptance Senior, youth and low-income services CIVIC ENGAGEMENT Civic Activity Volunteerism Civic attentiveness Voting behavior Social Engagement Neighborliness, social and religious events Information and Awareness Public information, publications, Web site PUBLIC TRUST Cooperation in community Value of services Direction of community Citizen involvement Employees The survey and its administration are standardized to assure high quality research methods and directly comparable results across The National Citizen SurveyT"' 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 SurveyT"' 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 SurveyT" basic service through a variety of options including a custom set of benchmark comparisons, crosstabulation of results and several policy questions. The National Citizen SurveyT"' 2 Item # 40 Attachment number 3 Page 5 of 104 City of Clearwater 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 SurveyT"' 3 Item # 40 Attachment number 3 Page 6 of 104 City of Clearwater 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 SurveyT"' 4 Item # 40 Attachment number 3 Page 7 of 104 City of Clearwater 2008 EXECUTIVE SUMMARY 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 SurveyT"' 5 Item # 40 Attachment number 3 Page 8 of 104 City of Clearwater 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 SurveyT"' 6 Item # 40 Attachment number 3 Page 9 of 104 City of Clearwater 2008 COMMUNITY RATINGS 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 SurveyT"' 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 02003 2006 The overall quality of life in Clearwater Your neighborhood as a place to live Clearwater as a place to live 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 SurveyT"' 7 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 10 of 104 City of Clearwater 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% Note: These questions were not asked in previous surveys. -48'Y i4' 25% 50% 75% 100% Percent "somewhat" or "very" likely FIGURE 5: OVERALL COMMUNITY QUALITY BENCHMARKS National Pohulation5 64,000-1=49,999 comlml-i"on comlml-i"on Overall quality of life in Clearwater Similar Similar Your neighborhood as place to live Similar Similar Clearwater as a place to live Similar Similar Remain in Clearwater for the next five years Similar Similar Recommend living in Clearwater to someone who asks Similar Similar The National Citizen SurveyT"' 8 Item # 40 Attachment number 3 Page 11 of 104 City of Clearwater 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 car travel in Clearwater Ease of bus travel in Clearwater Ease of bicycle travel in Clearwater Ease of walking in Clearwater Availability of paths and walking trails Traffic flow on major streets Percent "excellent" or "good" FIGURE 7: COMMUNITY TRANSPORTATION BENCHMARKS National comparison Populations 64,000-149,999 comparison Ease of bus travel in Clearwater Below Below Ease of car travel in Clearwater Below Below Ease of walking in Clearwater Below Below Ease of bicycle travel in Clearwater Similar Similar Availability of paths and walking trails Above Above Traffic flow on major streets Below Below The National Citizen SurveyT"' 9 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 12 of 104 City of Clearwater 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 ¦ 2008 2006 Street repair Street cleaning Street lighting Sidewalk maintenance Traffic signal timing Bus or transit services Amountof public parking 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 National comparison Pol_)ulation5 64,000-149,999 comparison Street repair /maintenance Similar Above Street cleaning Similar Similar Street lighting Above Above Sidewalk maintenance Similar Similar Light timing Below Below Bus or transit services Similar Similar Amount of public parking Below Below The National Citizen SurveyT"' 10 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 13 of 104 City of Clearwater 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. FIGURE 10: MODE OF TRAVEL USED FOR WORK COMMUTE 02008 Motorized vehicle by myself Motorized vehicle with others Bus, rail, subway or other public transportation Walk Bicycle Work at home Other Percent of days per week mode used The National Citizen SurveyT"' 11 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 14 of 104 City of Clearwater 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 Variety of housing options Percent "excellent" or "good" FIGURE 12: HOUSING CHARACTERISTICS BENCHMARKS Availability of affordable quality housing Variety of housing options National Pol_)ulation5 64,000-149,999 comparison comparkon Similar Similar Similar Similar The National Citizen SurveyT"' 12 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 15 of 104 City of Clearwater 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" ousing costs 30% MORE of income 42% Housing costs LESS than 30% of income 58% Note: This question was not asked in previous surveys. The National Citizen SurveyT"' 13 Item # 40 Attachment number 3 Page 16 of 104 City of Clearwater 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 quality of new development in Clearwater Overall appearance of Clearwater Percent "excellent" or "good" FIGURE 15: BUILT ENVIRONMENT BENCHMARKS National compari,on Population, 64,000-149,999 compari,on Quality of new development in city Below Below Overall appearance of Clearwater Similar Similar The National Citizen SurveyT"' 14 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 17 of 104 City of Clearwater 2008 FIGURE 16: RATINGS OF POPULATION GROWTH Population growth seen as too fast Percent of respondents FIGURE 17: POPULATION GROWTH BENCHMARKS National compari,,on P0l)ulati01T5 64,000-149,999 compari,,on Population growth seen as too fast Similar Similar FIGURE 18: RATINGS OF NUISANCE PROBLEMS ¦ 2008 To what degree, if at all, are run down buildings, weed lots or junk vehicles a problem in Clearwater? The National Citizen SurveyT"' 15 Item # 40 0% 25% 50% 75% 100% 0% 25% 50% 75% 100% Percent at least a "minor" problem Attachment number 3 Page 18 of 104 City of Clearwater 2008 FIGURE 19: RATINGS OF PLANNING AND COMMUNITY CODE ENFORCEMENT SERVICES BY YEAR 06 Land use, planning and zoning Code enforcement (weeds, abandoned buildings, etc) 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 National Populations 64,000-149,999 comparison comparison Land use, planning and zoning Similar Similar Code enforcement (weeds, abandoned buildings, etc) Similar The National Citizen SurveyT"' 16 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 19 of 104 City of Clearwater 2008 ECONOMIC SUSTAINABILITY 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 SUSTAINABILITY AND OPPORTUNITIES Employment opportunities Shopping opportunities Clearwater as a place to work Overall quality of business and service establishments in Clearwater Percent "excellent" or "good" FIGURE 22: ECONOMIC SUSTAINABILITY AND OPPORTUNITIES BENCHMARKS Employment opportunities Shopping opportunities Place to work Overall quality of business and service establishments in Clearwater National Populations 64,000-149,999 comparison comparison Similar Similar Above Above Below Below Similar Similar The National Citizen SurveyT"' 17 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 20 of 104 City of Clearwater 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. Jobs growth seen as too slow Retail growth seen as too fast Economic development 0% 25% 50% 75% 100% Percent "excellent" or "good" FIGURE 26: ECONOMIC DEVELOPMENT SERVICES BENCHMARKS National comlmi-kon Populations 64,000-149,999 ('omhari5on Economic development Below Below The National Citizen SurveyT"' 18 Item # 40 FIGURE 23: RATINGS OF RETAIL AND JOB GROWTH FIGURE 25: RATINGS OF ECONOMIC DEVELOPMENT SERVICES Attachment number 3 Page 21 of 104 City of Clearwater 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? Percent "very" or "somewhat" positive FIGURE 28: PERSONAL ECONOMIC FUTURE BENCHMARKS Positive impact of economy on household income National Population,, 64,000-149,999 comparison comparison Below Below The National Citizen SurveyT"' 19 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 22 of 104 City of Clearwater 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 crimes Safety from violent crime Percent "very" or "somewhat" safe The National Citizen SurveyT"' 20 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 23 of 104 City of Clearwater 2008 FIGURE 30: COMMUNITY AND PERSONAL PUBLIC SAFETY BENCHMARKS National Population,, 64,000- compari,,on 1=49,999 comparison Safety in your neighborhood during the day Similar Similar Safety in your neighborhood after dark Similar Similar Safety in Clearwater's downtown area during the day Below Below Safety in Clearwater's downtown area after dark Below Below Safety from violent crime (e.g., rape, assault, robbery) Below Below Safety from property crimes (e.g., burglary, theft) Similar Similar Toxic waste or other environmental hazard(s) Below Below 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 During the past twelve months, were you or anyone in your household the victim of any crime? If yes, was this crime (these crimes) reported to the police? Percent "yes" FIGURE 32: CRIME VICTIMIZATION AND REPORTING BENCHMARKS National comparison Population,, 64,000-149,999 comparison Victim of crime Similar Similar Reported crimes Similar Similar The National Citizen SurveyT"' 21 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 24 of 104 City of Clearwater 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 Police services Fire services Ambulance or emergency medical services Crime prevention Fire prevention and education Traffic enforcement Emergency preparedness Percent "excellent" or "good" Differences in ratings over time may be at least partially attributable to changes in question wording and response options. FIGI IRE 34: PUBLIC SAFETY SERVICES BENCHMARKS National comparison Pol_)ulations 64,000-149,999 comparison Police services Similar Similar Fire services Similar Similar EMS/ambulance Similar Similar Crime prevention Similar Similar Fire prevention and education Below Similar Traffic enforcement Below Similar Emergency preparedness Above Above The National Citizen SurveyT"' 22 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 25 of 104 City of Clearwater 2008 ENVIRONMENTAL SUSTAINABILITY 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 Cleanliness of Clearwater Quality of overall natural environment in Clearwater Preservation of natural areas such as open space, farmlands and greenbelts Air quality Percent "excellent" or "good" FIGURE 36: COMMUNITY ENVIRONMENT BENCHMARKS The National Citizen SurveyT"' 23 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 26 of 104 City of Clearwater 2008 FIGURE 37: FREQUENCY OF RECYCLING IN LAST 12 MONTHS ¦ ?nnR Recycled used paper, cans or bottles from your home Percent using at least once in last 12 months FIGURE 38: FREQUENCY OF RECYCLING BENCHMARKS National Populations 64,000-149,999 comparison compari"on Recycled used paper, cans or bottles from your home Similar Similar The National Citizen SurveyT"' 24 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 27 of 104 City of Clearwater 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 Drinking water Storm drainage Yard waste pick-up Recycling Garbage collection Percent "excellent" or "good" 6 Differences in ratings over time may be at least partially attributable to changes in question wording and response options. FIGURE 40: UTILITY SE RVICES BENCHMARKS National comparison Populations 64,000-149,999 comparison Sewer services Similar Similar Drinking water Below Below Storm drainage Above Above Yard waste pick-up Above Above Recycling Above Similar Garbage collection Above Above The National Citizen SurveyT"' 25 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 28 of 104 City of Clearwater 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 Percent "excellent" or "good" FIGURE 42: COMMUNITY RECREATIONAL OPPORTUNITIES BENCHMARKS National comparison Populations 64,000-149,999 comparison Recreation opportunities Above Above The National Citizen SurveyT"' 26 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 29 of 104 City of Clearwater 2008 FIGURE 43: PARTICIPATION IN PARKS AND RECREATION OPPORTUNITIES BY YEAR Used Clearwater recreation centers Participated in a recreation program or activity Visited a neighborhood park or City park Percent using at least once in last 12 months 06 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 National Population,, 64,000-149,999 compari"on comparison Used Clearwater recreation centers Similar Similar Participated in a recreation program or activity Below Visited a neighborhood park or City park Similar Below Similar The National Citizen SurveyT"' 27 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 30 of 104 City of Clearwater 2008 FIGURE 45: RATINGS OF PARKS AND RECREATION SERVICES BY YEAR City parks Recreation programs or classes Recreation centers or facilities Percent "excellent" or "good" 2006 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 National comparison Populations 64,000-149,999 comparison City parks Above Above Recreation programs or classes Above Similar Recreation centers or facilities Above The National Citizen SurveyT"' 28 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 31 of 104 City of Clearwater 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 Educational opportunities Percent "excellent" or "good" FIGURE 48: CULTURAL AND EDUCATIONAL OPPORTUNITIES BENCHMARKS Opportunities to attend cultural activities Educational opportunities National Pol)ulation5 64,000-149,999 comparison comparison Above Above Below Below The National Citizen SurveyT"' 29 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 32 of 104 City of Clearwater 2008 FIGURE 49: PARTICIPATION IN CULTURAL AND EDUCATIONAL OPPORTUNITIES BY YEAR 06 Used Clearwater public libraries or their services Participated in religious or spiritual activities in Clearwater 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 National Populations 64,000-149,999 comparison comparison Used Clearwater public libraries or their services Above Above Participated in religious or spiritual activities in Clearwater Above FIGURE 51: PERCEPTION OF CULTURAL AND EDUCATIONAL SERVICES BY YEAR )6 Public schools Public library services 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 National comparison Populations 64,000-149,999 comparison Public schools Below Below Public library services Above Above The National Citizen SurveyT"' 30 Item # 40 0% 25% 50% 75% 100% Percent using at least once in the last 12 months Attachment number 3 Page 33 of 104 City of Clearwater 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 healthcare was rated less favorably by residents. FIGURE 53: RATINGS OF COMMUNITY HEALTH AND WELLNESS ACCESS AND OPPORTUNITIES Availability of affordable quality health care Availability of affordable quality food Availability of preventive health services 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 National Pop.)ulation5 6=4,000-149,999 comparison comparison Similar Similar Similar Similar Similar Similar The National Citizen SurveyT"' 31 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 34 of 104 City of Clearwater 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 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 Percent "excellent" or "good" The National Citizen SurveyT"' 32 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 35 of 104 City of Clearwater 2008 FIGURE .56: COMMUNITY QUALITY AND INCLIJSIVFNFSS BENCHMARKS National Populations 64,000-149,999 comparison comparison Sense of community Below Below Openness and acceptance of the community toward people of diverse backgrounds Similar Similar Availability of affordable quality child care Below Similar Clearwater as a place to raise kids Below Below Clearwater as a place to retire Above 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 seniors Services to youth Services to low-income people Percent "excellent" or "good" FIGURE 58: SERVICES PROVIDED FOR POPULATION SUBGROUPS BENCHMARKS National comparison Populations 64,000-149,999 comparison Services to seniors Similar Similar Services to youth Similar Similar Services to low income residents Similar Similar The National Citizen SurveyT"' 33 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 36 of 104 City of Clearwater 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 participate in community matters Opportunities to volunteer Percent "excellent" or "good" FIGURE 60: CIVIC ENGAGEMENT OPPORTUNITIES BENCHMARKS Opportunities to participate in community matters Opportunities to volunteer National Populations 64,000-149,999 comparison compari"on Similar Similar Similar Similar The National Citizen SurveyT"' 34 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 37 of 104 City of Clearwater 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 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 Participated in a club or civic group in Clearwater 5% Provided help to a friend or neighbor 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 National Populations 64,000- comparison 149,999 comparison Attended a meeting of local elected officials or other local public meeting Below Below Watched a meeting of local elected officials or other local public meeting on cable television Above Above Volunteered your time to some group or activity in Clearwater Below Below Participated in a club or civic group in Clearwater Similar Similar Provided help to a friend or neighbor Similar Similar The National Citizen SurveyT"' 35 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 38 of 104 City of Clearwater 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 008 Registered to vote Voted in the last general election Percent "yes" The National Citizen SurveyT"' 36 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 39 of 104 City of Clearwater 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 Visited the City of Clearwater Web site (at www. myc learwater.com) 06 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 National Populations 64,000- compa1-ison 149,999 comparison Read Clearwater Newsletter advertisement (C-News) in the St. Petersburg Times Below Visited the City of Clearwater Web site (at www. myclearwater.com) Below Similar The National Citizen SurveyT"' 37 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 40 of 104 City of Clearwater 2008 FIGURE 66: RATINGS OF LOCAL GOVERNMENT MEDIA SERVICES AND INFORMATION DISSEMINATION Cable television Public information services Percent "excellent" or "good" FIGURE 67: LOCAL GOVERNMENT MEDIA SERVICES AND INFORMATION DISSEMINATION BENCHMARKS National comparison Populations 64,000-149,999 comparison Cable television Above Public information services Above Above Above The National Citizen SurveyTM 38 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 41 of 104 City of Clearwater 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 Percent "excellent" or "good" FIGURE 69: SOCIAL ENGAGEMENT OPPORTUNITIES BENCHMARKS National Populations 64,000-149,999 comparison comparison Opportunities to participate in social events and activities Similar Similar The National Citizen SurveyT"' 39 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 42 of 104 City of Clearwater 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 times a week 43% Note: This question was not asked in previous surveys. Several times a week or more 57% FIGURE 71: CONTACT WITH IMMEDIATE NEIGHBORS BENCHMARKS Has contact with neighbor, at Ie&J once per month National Populations 64,000-149,999 comparison comparison Similar Similar The National Citizen SurveyT"' 40 Item # 40 Attachment number 3 Page 43 of 104 City of Clearwater 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 value of services for the taxes paid to Clearwater The overall direction that Clearwater is taking The job Clearwater government does at welcoming citizen involvement The job Clearwater government does at listening to citizens Overall image or reputation of Clearwater 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 SurveyT"' 41 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 44 of 104 City of Clearwater 2008 FIGURE 73: PUBLIC TRUST BENCHMARKS National comparison Value of services for the taxes paid to Clearwater Below The overall direction that Clearwater is taking Below Job Clearwater government does at welcoming citizen involvement Below Job Clearwater government does at listening to citizens Below Overall image or reputation of Clearwater Similar Populations 64,000- 149,999 comparison Below Below 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 Services provided by the Federal Government Services provided by the State Government Services provided by Pinellas County Government Percent "excellent" or "good" 2008 2006 2003 Differences in ratings over time may be at least partially attributable to changes in question wording and response options. The National Citizen SurveyT"' 42 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 45 of 104 City of Clearwater 2008 FIGURE 75: SERVICES PRnVIDFD BY LOCAL, STATE AND FEDERAL GnVFRNMFNTs BENCHMARKS Services provided by the City of Clearwater Services provided by the Federal Government Services provided by the State Government Pinellas County government general National comparison Similar Similar Similar Above Populations 64,000-149,999 comparison Similar Similar Similar Similar The National Citizen SurveyTM 43 Item # 40 Attachment number 3 Page 46 of 104 City of Clearwater 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 )6 Had in-person or phone contact with an employee of the City of Clearwater within the last 12 months 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 National Populations 64,000-149,999 compari"on comparison Had contact with city employee(s) in last 12 months Below Below The National Citizen SurveyT"' 44 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 47 of 104 City of Clearwater 2008 FIGURE 78: RATINGS OF CITY EMPLOYEES (AMONG THOSE WHO HAD CONTACT) BY YEAR Knowledge Responsiveness Courtesy Overall impression Percent "excellent" or "good" )08 )06 )03 1/0 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 National comparison Populations 64,000-149,999 comparkon City employee knowledge Similar Similar City employee responsiveness Similar Similar City employee courteousness Similar Similar Overall impression Similar Similar The National Citizen SurveyT"' 45 Item # 40 0% 25% 50% 75% 100% Attachment number 3 Page 48 of 104 City of Clearwater 2008 FROM DATA TO ACTION 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 SurveyT"' 46 Item # 40 Attachment number 3 Page 49 of 104 City of Clearwater 2008 CITY OF CLEARWATER ACTION CHART The 2008 City of Clearwater Action ChartTM 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 SurveyT"' 47 Item # 40 Attachment number 3 Page 50 of 104 City of Clearwater 2008 FIGURE 80: CITY OF CLEARWATER ACTION CHART TM Overall Quality of City of Clearwater Services °°°°°°°°°°°°°°°°°°°°°°°°°°°°°e Q°p Community Design 0 o p ° Planning Strut o 11 4?0000000000000000000000000000000000 alld Zoning r"epair" o ° Recreation and Wellness o 0 o Code Street o o ° o entorcement cleaning o o City Puhlic o o p o 0 ° Economic Street o ° Parks schools o o (leveloPnlent lighting ° o Recreation ° o ° p Llhrdry p p Sidewalk Trattictiignal ° p taciIitieti o p o Maintenance tim ing Q 0 ©fl g e °© o000000000000000000oooooP? 0 0 m o d ®®°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°em o Environmental Sustainability E 0 0 o Civic Engagement o p Drinking p Recycling ° p Cable Puhlic p p water" toleV'ItilOll IlltUrmdtlon ° o (,drha gP Sewer o p o ° collection services o °--- p p p Preservation of Storm p °Q p natural areas drainage p p City Services p a ? o p o ? p p ??ooooo00000000000000000000....... o Beach o ° ----°°°°°°°°°°°°°°°°°°°°°°°°°°°°°eq° maintenance o ? e p 0 0 Public Safety a ---------------------------------- p o p o p Fmergency Police o p o p >re>aredness services o000000000000000ooooom? o I I o ?oooo o Traffic Fire o Legend ?o oc o ellto rC t-11-1 Hit tier"vices o ° ® 6 ho?? >Imll,irro ??lo?c ° p ® p Gcn<1,1W p 0 6 11111111'-w Key Driver 8 -------------------------------- ----------------------------------- 4 The National Citizen SurveyT"' 48 Item # 40 Attachment number 3 Page 51 of 104 City of Clearwater 2008 Using Your Action Chart" 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 City of Clear??ater Key National Key Service Drivers Driver,, Core Services Code enforcement ? Economic development ? ? Emergency preparedness ? EMS. .... ? Fire ? Garbage collection ? Land use planning and zoning ? Police service,, ? ? ? Public information Service,, ? Public School,, ? ? Sewer ? The National Citizen SurveyT"' 49 Item # 40 Attachment number 3 Page 52 of 104 City of Clearwater 2008 POLICY QUESTIONS "Don't know" responses have been removed from the following questions. Question 18a: Policy Question 1 How important, if at Al, is it for community facilities, like a recreation Very Somewhat Not at all center or a library to be... Essential important important important Total 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% Question 181): Policy Question 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 th is potential Percent of solution? respondents Strongly support 24% Somewhat support 44% Somewhat oppose 19% Strongly oppose 14% Total 100% Question 18c: Policy Question 3 If the Harborview Center in downtown M-1-e redeveloped to what degree do you support or ohlx>se each of the following Strongly Somewhat Somewhat Strongly types of development? support support oppose oppose Total Mostly residential with some retail 17% 37% 21% 25% 100% Mostly office with some retail 8% 41% 29% 22% 100% 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 SurveyT"' 50 Item # 40 Attachment number 3 Page 53 of 104 City of Clearwater 2008 APPE:NDix A: COMPLETE SURVEY FREQUE:NCiES FREQUENCIES EXCLUDING "DON'T KNOW RESPONSES Question 1: Quality of Life Please rate each of the followin8 aspecxs Of duality Of life in Clearwater: Fxcellent Good Fair Poor Total 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% Question 2: Community Characteristics Please rate each of the following characteristics as they relate to Clearwater as a whole: Fxcellent Good Fair Poor Total Sense of community Openness and acceptance of the community towards people of diverse backgrounds Overall appearance of Clearwater Cleanliness of Clearwater Overall quality of new development in Clearwater Variety of housing options Overall quality of business and service establishments in Clearwater Shopping opportunities Opportunities to attend cultural activities Recreational opportunities Employment opportunities Educational opportunities Opportunities to participate in social events and activities Opportunities to volunteer Opportunities to participate in community matters Ease of car travel in Clearwater Ease of bus travel in Clearwater Ease of bicycle travel in Clearwater Ease of walking in Clearwater Availability of paths and walking trails Traffic flow on major streets Amount of public parking Availability of affordable quality housing 6% 41% 40% 12% 100% 9% 47% 34% 11 % 100% 13% 54% 28% 6% 100% 13% 52% 29% 7% 100% 7% 43% 37% 13% 100% 10% 46% 31% 13% 100% 11% 48% 35% 5% 100% 23%% 52% 19% 6% 100% 14% -48% 10% 9% 100% ?6%, 4 8 4 % 1001y° 5°1/° ?9% -40% ?6% 100% 11% -4-4% 37% 8% 100% 14% 47% 33% 6% 100% 24% 52% 21% 3% 100% 12% 47% 30% 11% 100% 9% 34% 38% 20% 100% 8% 29% 36% 27% 100% 11% 33% 34% 22% 100% 13% 38% 32% 17% 100% 21% 44% 23% 12% 100% 4% 25% 43% 28% 100% 4% 22% 39% 35% 100% 3% 26% 42% 29% 100% The National Citizen SurveyT"' 51 Item # 40 Attachment number 3 Page 54 of 104 City of Clearwater 2008 Question 2: Community Characxeristics Please rate each of the following; characteristics as they relate to Clearwater as a whole: Fxcellent Good Fair Poor Total 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% Availability of preventive health services 9% 42% 34% 15% 100% Air quality 11% 48% 36% 5% 100% Quality of overall natural environment in Clearwater 14% 48% 32% 7% 100% Overall image or reputation of Clearwater 14% 53% 28% 5% 100% Quality of beach 41% 44% 13% 2% 100% Question 3: Growth Please rate the speed of growth in Much the following categories in too Somewhat Clearwater over the past 2 years: slow too slow Population growth 2% 5% Retail growth (stores, restaurants, etc.) 5% 17% jobs growth 30% 51% Right Somewhat Much amount too fast too fast Total 34% 39% 19% 100% 57% 15% 5% 100% 16% 2% 1 % 100% Question 4: Code Enforcement To what degree, if at Al, are run dov%'n buildings, weed lots or junk vehicles a Percent of problem in Clearwater? respondents Not a problem 10% Minor problem 37% Moderate problem 42% Major problem 11% Total 100% Question 5: Community Safety Please rate how safe or unsafe you feel from the following in Very Somewhat Neither safe Somewhat Very Clearwater: safe safe nor unsafe unsafe unsafe Total Violent crime (e.g., rape, assault, robbery) 19% 45% 19% 13% 4% 100% Property crimes (e.g., burglary, theft) 12% 41% 21% 19% 7% 100% Environmental hazards including toxic waste 26% 41% 20% 9% 3% 100% The National Citizen SurveyT"' 52 Item # 40 Attachment number 3 Page 55 of 104 City of Clearwater 2008 Question 6: Personal Safety Please rate how safe or Very Somewhat Neither safe Somewhat Very unsafe you feel: safe safe nor unsafe unsafe unsafe Total 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 during the day 37% 40% 13% 9% 1 % 100% In Clearwater's downtown area after dark 10% 25% 23% 29% 13% 100% ----- -- ------- Question 7: Crime Victim During the past twelVe month s, veer(- VOL] or anyone in your household the victim Percent of of any crime? respondents No 84% Yes 16% Total 100% Question 8: Crime Reporting If yes, was this crime (these crimes) reported to the police? Percen t of respondents No . 24% Yes 76% Total 100% The National Citizen SurveyT"' 53 Item # 40 Attachment number 3 Page 56 of 104 City of Clearwater 2008 Question 9: Resident Behaviors In the last 12 months, about how many times, if ever, have you or other household members Once 3 to 13 to More participated in the followin" activities in or 12 26 than 26 Clearwater? Never twice times times times Total 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 public meeting on a streaming video 77% 12% 7% 3% 1 % 100% Question 10: Nei hborline55 About how often, if at all, do you tall: to or visit with you r immedi ate neiI'll I MP, Percent of (people who live in the 10 or 20 household s that a re closest to you)? responde nts 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 SurveyT"' 54 Item # 40 Attachment number 3 Page 57 of 104 City of Clearwater 2008 Question 1 1: ServiCe Quality Please rate the quality of ea(h of the following Se1-viCe5 in Clearwater: lm ellent Police services Fire services Ambulance or emergency medical services Crime prevention Fire prevention and education Traffic enforcement Street repair Street cleaning Street lighting Sidewalk maintenance Traffic signal timing Bus or transit services Garbage collection Recycling Yard waste pick-up Storm drainage Drinking water Sewer services City. parks Recreation programs or classes Recreation centers or facilities Land use, planning and zoning Code enforcement (weeds, abandoned buildings, etc) Economic development Services to seniors Services to youth Services to low-income people Publi( library Servi?e5 Publi( information Servi?e5 Public schools Cable television Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) Preservation of natural areas such as open space, farmlands and greenbelts Beach Maintenance Natural gas utility (Clearwater Gas) 22% 41% 41% 11% 18% 11% 7% 12% 13% 8% 6% 14% 36% 29% 34% 13% 10% 13% 30% 21% 22% 4% 6% 4 %° 12% 8% 9% 36% 1-4 13% 18% Good Fair Poor Total 54% 18% 6% 100% 51% 7% 1 % 100%° 47% 11% 1 % 100% 48% 31% 10% 100% 52% 25% 6% 100% 48% 26% 15% 100% 44% 35% 14% 100% 51% 29% 8% 100% 55% 28% 5% 100% 49% 30% 13% 100% 36% 30% 28% 100% 42% 26% 18% 100% 53% 11% 0% 100% 48% 16% 7% 100% 46% 18% 3% 100% 47% 31% 9% 100% 40% 27% 23% 100% 57% 26% 5% 100% 53% 15% 2% 100% 53% 22% 3% 100% 54% 22% 2% 100% 34% 35% 27% 100% 36% 37% 21% 100% 31% 43% 21% 100% 49% 28% 11% 100%° 47% 32% 13% 100% 3-1% 34 23% 100% 5?% 1 1 Ill/(, 100% 41 % 30% 16% 100% 50% 27% 6% 100% 20% 53% 22% 5% 100% 14% 45% 25% 15% 100% 24% 53% 21% 3% 100% 15% 52% 27% 6% 100% The National Citizen SurveyTM 55 Item # 40 Attachment number 3 Page 58 of 104 City of Clearwater 2008 Question 12: Government Services Overall Overall, how would you rate the duality of the Services provided by each of the following? Excellent Good Fair Poor Total The City of Clearwater 13% 57% -14 % 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% Question 13: Contact with City Fmployee" Have you had any in person or phone contact with an employee of the City of Clearwater within the la"t 12 months (including police, receptioni"t", planner" or any Percent of others)? re"pondent" No 47% Yes 53% Total 100% Question 1=4: City Fmployees What wa" your impression of the employee(") of the City of Clearwater in your mo"t recent contact? Fxcellent Good Fair Poor Total Knowledge 29% 52% 13% 6% 100% Responsiveness 31% 42% 16% 11% 100% Courtesy Overall impression 36% 42% 15% 6% 100% 31% 44% 17% 8% 100% Question 15: Government Performance Please rate the following categories of Clearwater government performance: Fxcellent Good Fair Poor Total The value of services for the taxes paid to Clearwater 7% -41 %, 35%, 1 7%, 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% Question 16: Recommendation and Longevity Please indicate how likely or unlikely Very Somewhat Somewhat you are to do each of the following: likely likely unlikely Recommend living in Clearwater to someone who asks 34% 48% 12% Remain in Clearwater for the next five years 50% 34% 10% The National Citizen SurveyTM 56 Very unlikely Total 6% 100% 6% 100% Item # 40 Attachment number 3 Page 59 of 104 City of Clearwater 2008 Question 17: Impact of the Economy What impact, if any, do you think the economy will have on your family income in Percent of the next 6 months? Do you think the impact will 4)e: responde nts Very positive 2% Somewhat positive 8% Neutral 25% Somewhat negative 47% Very negative 18% Total 100% Question 18a: Policy Question 1 How important, if at Al, is it for community facilities, like a recreation Very Somewhat Not at Al center or a library to be... Essential important important important Total 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% Question 181): Policy Question 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 Percent of solution? respondents Strongly support 24% Somewhat support Somewhat oppose Strongly oppose Total 44% 19% Question 18c: Policy Question 3 If the Harhorview Center in downtown were redeveloped to what degree do you support or oppose each of the following Strongly Somewhat types of development? support support Mostly residential with some retail 17%o 37%1 Mostly office with some retail 8%, -41%, Mostly hotel with some retail 9°1/° 36°1/° Mostly retail with some residential, office or hotel 21% 39% Retail only The National Citizen SurveyTM 57 14% 100% Somewhat Strongly oppose oppose Total 1 % ? 5 100% ?9 100% 25 °1/° 31(1/0 100% 22% 17% 100% 21% 27% 100% Item # 40 Attachment number 3 Page 60 of 104 City of Clearwater 2008 Question D1: Lmployment Status Are you currently employed for pay? Percent of respondents No 33% Yes, full-time 57% Yes, part-time 10% Total 100% Question D2: Mode of Traw portation Used for C ommute During a typical week, how many days do you commute to wort: (for th e longest Percent of days distance of your commute) in each of the ways listed below? mode used Motorized vehicle (e.g., car, truck, van, motorcycle, etc...) by myself 76% Motorized vehicle (e.g., car, truck, van, motorcycle, etc...) with other children or adults 9% Bus, rail, subway or other public transportation 2% Bicycle 2% Bicycle 2% Work at home 9% Other 0% Question D3: Length of Residency How many years have you lived in Clearwater? Percent of respondents Less than 2 years --------------------- -- ----------------------- ----------- 15% 2 to 5 years 17% 6 to 10 years 16% 11 to 20 years 21% More than 20 years 31% Total 100% Question D4: Housing Unit Type Which best describes the building you live in? Percent of respondents One family house detached from any other houses 39% House attached to one or more houses (e.g., a duplex or townhome) 8% Building with two or more apartments or condominiums 50% Mobile home 0% Other 2% _ Total 100% The National Citizen SurveyT"' 58 Item # 40 Attachment number 3 Page 61 of 104 City of Clearwater 2008 Question D5: Housing Tenure (Rent/Own) IS this house, apartment or mobile home... Percent of respondents Rented for cash or occupied without cash payment 39% Owned by you or someone in this house with a mortgage or free and clear 61% Total 100% Question D6: Monthly Housing Cost About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners" association Percent of (HOA) fees)? respondents Less than $300 per month 2% $300 to $599 per month 15% $600 to $999 per month 33% $1,000 to $1,499 per month 20% $1,500 to $2,499 per month 21% $2,500 or more per month 9% Total 100% Question D7: Presence of Children in Household Do any children 17 or under live in your household? Percent of respondents ------------------------------------------------------------------------------------------------------------------------------------------------------------------ -------------- ----------- No 78% Yes 22% Total 100% Question D8: Presence of Older Adults in Household Are you or any other members of your household aged 65 or older? Percent of respondents No 69% Yes 31% Total 100% Question D9: Household Income 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 fl-0111 all sources for all Percent of persons living in your household.) respondents Less than $24,999 18% $25,000 to $49,999 32% $50,000 to $99,999 33% $100,000 to $149,000 11 % $150,000 or more 6% Total 100% The National Citizen SurveyT"' 59 Item # 40 Question D10: Ethnicity Are N'01_1 Spanish, Hispanic or Latino? No, not Spanish, Hispanic or Latino Yes, I consider myself to be Spanish, Hispanic or Latino Total Attachment number 3 Page 62 of 104 City of Clearwater 2008 Percent of respondents 93% 7% 100% Question D11: Race What is your race? (Marl: one or more races to indicate What lace(s) you consider Percent of yourself to he.) respondents American Indian or Alaskan Native 2% Asian, Asian Indian or Pacific Islander 3% Black or African American 7% White 86% Other 6% Total may exceed 100% as respondents could select more than one option Question D 1-2: Ape In Which category is your age? Percent of respondents 18 to 24 years 5% 25 to 34 years 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% Question D13: Gender What is your sex? Percent of respondents Female 54%, Male 46% Total 100% Question D14: Registered to Vote Are you registered to vote in your jurisdiction? Percent of respondents No 12% Yes 87% Ineligible to vote 1 % Total 100% The National Citizen SurveyTM 60 Item # 40 Question D1,): Voted in Last General Election Many people don't have time to vote in elections. Did you vote in the last general election? No Yes Ineligible to vote Total Attachment number 3 Page 63 of 104 City of Clearwater 2008 Percent of respondents 22% 75% 4% 100% The National Citizen SurveyTM 61 Item # 40 00 O O N i N L U O U O N ?C C C c? O O C N Lr) cz 3 Lr) c? O w ? a ^\ U Lr) C O Q Lr) s.. U N O N 14- In cz C C N N C '- O N Ln U 0 0 X c? N C ? U i N O N N ? U C ? O s... U _N `" N ? Lr, o t Lr) O O O O O O O O O O O O O O O O O O O O O O O i 0 O i 0 Cv O 0 O O O O ? N O ON M I 00 N d u> M N ? 00 re) Ul) ? O O O O O O O O O O O O U' ON C-1 CD r- ' CD CD ) , T N T M O OO M I N 6l 6l T 00 r-, 'D ' ? r, O d d t) N 06 d d 06 06 M d It) N Ln a o O o O ? O 0 O 0 O 0 0 ? O ? O o o ? O ? O ? O ? O c O 00 M N O I? 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H Cll Z C ro Q O C ro T7 c C U Cll Q -auk 'aaJua:) qaa CU C U U ro d c C c c ro Q C Q ?asa C u U CU Q c ro U Q O _lz U ro m ? JUL t Opel N t 0 Aq i C C c T S C T 3 5 J 3 2 3 3 C c c C T c c c i i ( F 3 W/unS uaz!I!D leuOPuN aql 00 O O N N ro N U O U d- M N 00 m 0, 0 U') 0 0 0 0 0 0 0 ',o ON N M N 'T O N O O M M d' n 0 N 0 i 7 d- O 'IT it E N y-. to I,, N d' N O i N' O O O O O U') u> u' u> u' u' O N M 'T u> ?Jo I\ '.. H y 0 O O "' 00 00 ?? 0 co V c CL CC LL L Z 'auk 'ADIuDD gaaeasDN luuOPuN Aq w Aa/unS uaz!I!D luuOPuN agl 00 O O N i N C N U 0 U Ul) _N M c+') u>iN I? 0 N N 0 o 0 0 O ? d' O O 0 'IT it y-. n N O 0 3 c a '?, o 0 0 Z 'auk 'ADIuDD gaaeasDN luuOPuN Aq w Aa/unS uaz!I!D luuOPuN agl Attachment number 3 Page 79 of 104 City of Clearwater 2008 APPENDIX B: SURVEY METHODOLOGY The National Citizen SurveyT"' 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 SurveyT"' 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 SurveyT"' is designed to help with budget, land use and strategic planning as well as to communicate with local residents. The National Citizen SurveyT" 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 SurveyT"' 77 Item # 40 Attachment number 3 Page 80 of 104 City of Clearwater 2008 service quality play a 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 SurveyT"' 78 Item # 40 Attachment number 3 Page 81 of 104 City of Clearwater 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 21496 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 SurveyT"' 79 Item # 40 Attachment number 3 Page 82 of 104 City of Clearwater 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 SurveyT"' 80 Item # 40 Attachment number 3 Page 83 of 104 City of Clearwater 2008 Weighting Scheme for Clearwater, FL 2008 Citizen Survey Characteristic Po4n11atio11 Norm` Unweighted Data Weighted Data Tenure Own home 6211/11 6011/l, Rent home 38"/1, 41 Type of Housing Unit Single-family detached 40% 43% 40% Attached 60% 57% 60% Ethnicity Hispanic 12%° 5% 7% Not Hispanic 88% 95% 93% Race White 8, 91 %, 84 Not white 1 7%, 9 161%, Age 18-34 years of age 8'%, 24 35-54 years of age 3011/l, 55+ years of age 40% 62% 41% Gender Female Male Gender and Age Females 18-34 Females 35-54 Females 55+ Males 18-34 Males 35-54 Males 55+ * Source: 2000 Census 53% 47% 56% 44% 54% 46% 12 18%, 1 7%, 18 34% 24% 4 %, 12 1711/1, 13'%, 17%, 1 7 "/?, 2 8 `%, 17%, The National Citizen SurveyTM 81 Item # 40 Attachment number 3 Page 84 of 104 City of Clearwater 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 Seale 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 SurveyT" 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 Kno' 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 them, how to use them, 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 SurveyT"' 82 Item # 40 Attachment number 3 Page 85 of 104 City of Clearwater 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 SurveyT"' 83 Item # 40 Attachment number 3 Page 86 of 104 City of Clearwater 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 SurveyT"' 84 Item # 40 Attachment number 3 Page 87 of 104 City of Clearwater 2008 APPENDIX C: SURVEY MATERIALS The following pages contain copies of the survey materials sent to randomly selected households within the City of Clearwater. The National Citizen SurveyT"' 85 Item # 40 m u m u u U ? U pU?n oOn O ?O Ua)o? ????Q Ua)o? ????Q Ln Ln Qa)??Qx ?, Qa,??Qx m`O`O u p U p a) "AM O U -c U Ln -2 LT LT -2 LT wU cnQ a) Ua)Q._ Q > wU cnQ a)Ua)Q._ Q > U ? U 21- m a) .ms s 3 > -c bA 3 1 ?_ ±>1 \ .?-- -C,-- a) s CC= -Y C:.' °'pooLn3a)??QLn ?Q?OOv?iMC)Qcn Ln Ln U o??3>'?o?3~s'o U Q??3>'?'Q?3~s'o a) a) p??+ua)Ln >Q a) a) Ux>Q ? ?- o O o ? ?- o O o nib mu mu U O U Ln n a) p U O U Ln a O ? Ua)oE E a) a -0 a) a) Ln ?ELnLn a a) a) a' Ln ?E?Ln? a) x M'O'O M'O'C UQ??? a) .2 a) U m > U -• m . a) U m >,U -• U -0 M7 M D =; m a) 16 a) E Ln O ? O ap ? c? s c? E ? :Q Ln O ? O ap i`o3VUEUiQ 2 UEUiQ 2 wU cnQ a)Ua)Q._ Q qzp m M wU Ul) m a)Ua)Q._ Q m m a) - U a) Ln - U ? ? .mss ? ? ? .mss 3 j ar) L -Y s - ? s art Ln - s? a a) nn 3 a) Ln a) a) Ln 3 a Ln ?p4>-?•Q?=>? QQQ>-a)- > .? c? s .? ap Ln .? M s .? ap ? Q U > s p a) U m YM Q U > s > o a) u m Y o U o??3>,-?o?3F-s•o > ?3>,-?o?3F-s•o ? O O'M Ln +? v Q U p a M O •? ? 'n Q U a) Ln a) 0 +U a) n+a) p +U a) Ln+O NU M -a)?o. OEU Ua) sE - -a)a)EU Ua) 0E 'IT it aE i co o -02 ? -, -V, _o n 0 En U E d m D a cc n 7T cc N C? c M ? U O ? m O ° 3 V O +? N ro UO?U co o -0 2 ? C) Q) cn -0 0 ? 0 Q z (Qn)U d d 0 (n d D m a - LL cc n 7T cc CIJ r" O M Ccj cc M S 72 U O CL) M U w CL) O O `` 3 V O CJ UOcL U N p 0 U O Orn 0 r cn 0 _ 0 CO cn Oz -• Q) a- 0 -0 a -02 ) N 0 cz v0 cn in 0 Z - d i? 0 Q)Uad?' co LL d d U) E 0 Z5 D co d L cc n cc n cc b 0 cc i to c0 n C? N rlrl) ) m ca n a--? Ccj rl) 00 'n nj < nj < ^ ^ _ L) o ° U o - M CL) y m oo`C'j oo``° ?O 3 ?O 3 c0 UOCCLI U UOCCLI U 0 'IT it • Attachment number 3 Page 90 of 104 *.Wi' t " . ,. 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 le da a usted una oportunidad importante para decirnos to que piensa de los servicios de la Ciudad, y su opini6n de la calidad de vida aqui en Clearwater. Se seleccion6 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 c6pia de la encuesta en Espanol. Todas sus respuestas se quedaran completamente an6nimas. iDeseamos sus opiniones! Favor de regresar la encuesta en el sobre adjunto, to 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, William B. Horne City Manager y AL.T Item # 40 ?1 , Attachment number 3 Page 91 of 104 *.Wi' t " . ,. 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 le da a usted una oportunidad importante para decirnos to que piensa de los servicios de la Ciudad, y su opini6n de la calidad de vida aqui en Clearwater. Se seleccion6 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 c6pia de la encuesta en Espanol. Todas sus respuestas se quedaran completamente an6nimas. iDeseamos sus opiniones! Favor de regresar la encuesta en el sobre adjunto, to 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 AL.T y Item # 40 li!II?? ?1 , Attachment number 3 Page 92 of 104 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 a nonymous and will be reported in group form on ly. 1. Please rate each of the following aspects of quality of life in Clearwater: Excellent Good Fair Poor Don't know Clearwater as a place to live .................................................................... 1 2 3 4 5 Your neighborhood a', a plaice to live ....................................................... 1 2 3 4 5 Oearwater a', a p1cice to raise child en ..................................................... 1 2 3 4 5 Clearwater a', a plawe to work .................................................................. 1 2 3 4 5 Clearwater a', a p1cice to retire .................................................................. 1 2 3 4 5 The overall duality of life in Clearwater ................................................... 1 2 3 4 5 2. Please rate each of the following characteristics as they relate to Clearwater as a whole: Excellent Good Fair Poor Don't know Sense of community ................................................................................. 1 2 3 4 5 Op(-nne" and cW( (-ptan((- of the Community toward people of diver',(- IMCkground. ............................................................................. 1 2 3 4 5 Overall appearance of Clearwaterr ............................................................ 1 ? 3 4 5 Cleanline" of Clearwaterr ......................................................................... 1 ? 3 4 5 Overall duality of new development in Clearwater .................................. 1 ? 3 4 5 Variety of hou',ing option', ....................................................................... 1 ? 3 4 5 Overall duality of bu',ine" and',(-rvice e',tabli',hment', in Clearwater....... 1 ? 3 4 5 Shopping oppoitunitie............................................................................. 1 ? 3 4 5 Opportunitie', to attend Cultural awtiviti(-................................................... 1 ? 3 4 5 Recreational opportuniti(-', ....................................................................... 1 ? 3 4 5 Employment opportuniti(-', ....................................................................... 1 2 3 4 5 EduCational opportuniti(-', ........................................................................ 1 2 3 4 5 Opportunitie', to parti(ipat(- in',ocial event', and awtiviti(-', ....................... 1 2 3 4 5 Opportunitie', to Volunteerr ....................................................................... 1 2 3 4 5 Opportunitie', to parti(ipat(- in Community matter', ................................... 1 2 3 4 5 Ea',e of car travel in Clearwater ................................................................ 1 2 3 4 5 Ea',(- of bu', t1_av(-1 in Oearwater ................................................................ 1 ? 3 4 5 Ea',e of bicycle travel in Clearwaterr .......................................................... 1 ? 3 4 5 Ea',(- of walking in Clearwater .................................................................. 1 ? 3 4 5 Availability of path', and walking trail. ..................................................... 1 ? 3 4 5 Traffic flow on major',treet...................................................................... 1 2 3 4 5 Amount of publi( parking ........................................................................ 1 2 3 4 5 Availability of affordable duality hou',ing ................................................. 1 - 3 4 Availability of affordable duality Child care .............................................. 1 2 3 4 5 Availability of affordable duality health cclr(- ............................................ 1 ? 3 4 5 Availability of affordable duality food ...................................................... 1 2 3 4 5 Availability of preventive health ,ervic( .. ................................................. 1 ? 3 4 5 Air duality ............................................................................................... 1 ? 3 4 5 Quality of overall natural environment in Clearwaterr ............................... 1 ? 3 4 5 Overall image or reputation of Clearwater ............................................... 1 2 3 4 5 Quality of beach ...................................................................................... 1 2 3 4 5 3. Please rate the speed of growth in the following categories in Clearwater over the past 2 years: Much Somewhat Right Somewhat Much Don't too slow too slow amount too fast too fast know Population growth ......................................................... 1 2 3 4 5 6 Retail growth (',tore',, re',taurant',, etc.) ............................ 1 2 3 4 5 6 Jobs growth .................................................................... 1 2 3 4 5 6 Item # 40 Page 1 of 5 Attachment number 3 Page 9 3 of 104 he National Citizen Survey"' 4. To what degree, if at all, are run down buildings, weed lots or junk vehicles a problem in Clearwater? O Not a problem O Minor problem O Moderate probl em O Major problem O Don't know 5. Please rate how safe or unsafe you feel from the following in Clearwater: Very Somewhat Neither safe Somewhat Very Don't safe safe nor unsafe unsafe unsafe know Violent crime (e.g., rape, assault, robbery) ..................... 1 2 3 4 5 6 Property crimes (e.g., burglary, theft) .............................. 1 ? 3 4 5 6 Environmental hazards, including toxic waste ................ 1 2 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 ? 3 4 5 6 In CleaRn'ate1-', cloWn OWII area during the clay .............. 1 2 3 4 5 6 In Clearw'iter's downtown area after (1,11-1: ...................... 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 4 Go to Question 9 O Yes 4 Go to Question 8 O Don't know 4 Go to Question 9 8. If yes, was this crime (these crimes) reported to the police? O No O Yes O Don't know 9. In the last 12 months, about how many times, if ever, have you or other household members partic ipated in the following activities in Clearwater? Once or 3 to 12 13 to 26 More than Never twice times times 26 times Used Clearwater public libraries or their services ........................ ............. 1 2 3 4 5 U,ed Clearwater recreation center5 .............................................. ............ 1 2 3 4 5 Participated in a recreation program o1- activityy ........................... ............. 1 2 3 4 5 Visited a neighborhood park o1- City part: .................................... ............. 1 2 3 4 5 Attended a meeting of local elected official, 01- other local public meeting .................................................................................... ............ 1 2 3 4 5 \V'ltch(-d a meeting of local elected official, 01- other local pul)lic meeting on cable televkion ...................................................... ............ 1 2 3 4 5 Read Clem-w itei Newdetter ldvertkement (C New") in the V. Pete] ?Sbur Time? ................................................................ ............. 1 2 3 4 5 Visited the City of Clear?n?ater Web Site (at ww/v%,.mycl(-arw'iter.co Ill) ...... 1 2 3 4 5 Recycled u,ed paper, can, 01- bottle, from your home ................. ............. 1 2 3 4 5 Volunteered your time to Some group 01- activity in Clearwaterr ... ............. 1 2 3 4 5 Participated in 1-eligiou, or,piritual acxivitie, in Clea1-wate1- ......... ............. 1 2 3 4 5 Participated in a ('11-11) 01- civic group in Cl(-aRn'ater ...................... ............. 1 2 3 4 5 Provided help to a friend or neighbor .......................................... ............ 1 2 3 4 5 vi,ited a Clearwater beach ........................................................... ............ 1 2 3 4 5 U,ed alternative tran,portation (carpool, bike, etc_) ...................... ............ 1 2 3 4 5 W'ltched a meeting of local elected official, 01- other local public meeting on Streaming video ..................................................... ............. 1 2 3 4 5 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 # 40 Page 2 of 5 V U 2 10 Z cc 0 0 0 0 cN 0 a N N V 2 10 Z t Attachment number 3 Page 94 of 104 The City of Clearwater 2008 Citizen Survey 11. Please rate the quality of each of the following services in Clearwater: Excellent Good Fair Poor Don't know Police services ......................................................................................... 1 2 Fire ,ervi(es ............................................................................................. 1 Anlhu1d11ce or emergen(y medical Servic (.. .............................................. 1 Crlllle prevention ..................................................................................... 1 Fire prevention dlld edLWdtio11 ................................................................. 1 Traffic enforcenlent .................................................................................. 1 ? Street cIedI1111g ......................................................................................... Street Ilghtlll. ........................................................................................... Sldew'fl < 111,1inte11d11(e ............................................................................. 1 2 Traffic signal timing ................................................................................. 1 BUS ol- t1111,it serVl(es ............................................................................... 1 Gdrhdge collection ................................................................................... 1 2 Rec vc h n ................................................................................................. 1 2 Yard waste L>i('k-uL) .................................................................................. 1 Storm draindge ......................................................................................... 1 Drinking wdter ......................................................................................... 1 Sewer services ......................................................................................... 1 City L>dr:.................................................................................................. 1 _ Recreation proord111s or (ldsses ................................................................ 1 2 Recreation centers or f wiIities .................................................................. 1 Land use, Ild1111ing 111(1 zoning ............................................................... 1 Code enforcement (weed", d4)d1"Idoned hui1di11gs, etc) ............................ 1 2 Fcononlic developnlent ........................................................................... 1 ? Services to Seniors .................................................................................... 1 Services to youth ...................................................................................... 1 2 Services to low-income people ................................................................ 1 2 PLINic library servic( .. .............................................................................. 1 ? Puhh(' information servic( .. ...................................................................... 1 2 Puhh(' s(hools .......................................................................................... 1 2 Cd)le television ....................................................................................... 1 2 Fnlergency preparedness (services that prepare the conlnlunity for natural disasters or other e11lerge11(y situations) ................................... 1 2 Preservation of natural areas such as open space, waterfront/beaches and greenbelts ...................................................................................... 1 2 Beach nllintendnc( .................................................................................. 1 Natural gas utility (Clearwater Gas) .......................................................... 1 2 12. Overall, how would you rate the quality of the services provided by each of th e following? Excellent Good 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 3 4 5 Fair Poor Don't know The City of Clearwater ............................................................................. 1 2 3 4 5 The Federal Governnlent ......................................................................... 1 2 3 4 5 The State Governnlent ............................................................................. 1 2 3 4 5 Pinellas County GOVer11111ellt ................................................................... 1 2 3 4 5 Item # 40 Page 3 of 5 Attachment number 3 Page 95 of 104 he National Citizen Survey"' 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 4 Go to Question 15 O Yes 4 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 Good Fair Poor Don't know Knowledge ...............................................................................................1 2 3 4 5 Re,,pon5ivene"" ........................................................................................1 ? 3 4 5 COurtesv .................................................................................................. 1 ? 3 4 5 Overall impre""ion ................................................................................... 1 ? 3 4 5 15. Please rate the following categories of Clearwater government performance: Excellent Good Fair Poor Don't know The value of services for the taxes paid to Clearwater .............................. 1 2 3 4 5 The overall direction that Clearwater k tal<ing .......................................... 1 ? 3 4 5 The joh Clearwater government doe" at welcomin" citizen involvement. 1 ? 3 4 5 The joh Clearwater (,overnment does at li"tening to Citizens .................... 1 ? 3 4 5 16. Please indicate how likely or unlikely you are to do each of the following: Very Somewhat Somewhat Very Don't likely likel y unlikely unlikely know Recommend living in Clearwater to someone who asks ................. 1 2 3 4 5 Remain in Clearw iter for the next five year" .................................. 1 2 3 4 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 O Somewhat positive O Neutral O Somewhat negative O 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... Very Somewhat Not at all Don't Essential important important important know Within walking distance of your home .............................................1 2 3 4 5 In your neighhorhood or another nearhy neighhorhood ...................1 2 3 4 5 Within 10 minute" of your home ......................................................1 ? 3 4 5 Within 30 minute" of your home ......................................................1 2 3 4 5 b. 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 Somewhat Somewhat Strongly support support oppose oppose Mostly residential with some retail ...................................................1 2 3 4 Nlo"tly office with some retail ...........................................................1 2 3 4 Mostly hotel with Some retail ...........................................................1 2 3 4 Mostly retail with Some re"idential, office or hotel ............................ 1 2 3 4 Retail only ........................................................................................1 2 3 4 Item # 40 Page 4 of 5 U V U 0 10 Z cc 0 0 0 0 cN 0 a Ln N N V 0 10 Z t Attachment number 3 Page 96 of 104 The City of Clearwater 2008 Citizen Survey Our last questions are about you and your household. Again, all of your responses to this survey are completely anonymous and will be reported in group form only. D1. Are you currently employed for pay? O No 4 Go to Question D3 O Yes, full time 4 Go to Question D2 O Yes, part time 4 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, motorcycle, etc...) by myself .......... days Motorized vehicle W.11., car, truck, Will, motorcycle, etc_..) with other children or adults ........................... day" Bu" or other I)ublic tran"Ix>rtation...... clays Wall: ................................................. day" Bicycle .............................................. clays Work at home ................................... clay" Other ................................................ days D3. How many years have you lived in Clearwater? O Less than 2 years O 11-20 years O 2-5 years O More than 20 years O 6-10 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 townhome) 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 O Yes D8. Are you or any other members of your household aged 65 or older? O No O 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 O $25,000 to $49,999 O $50,000 to $99,999 O $100,000 to $149,999 O $150,000 or more Please respond to both question D10 and D11: 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 White O Other D12. In which category is your age? O 18-24 years O 55-64 years O 25-34 years O 65-74 years O 35-44 years O 75 years or older O 45-54 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 Thank you for completing this survey. Please return the completed survey in the postage paid envelope to: National Research Center, Inc., 3005 30th St., Boulder, CO 80301 Item # 40 Page 5 of 5 Attachment number 3 Page 97 of 104 *.Wi' t " . 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. iPor favor participe! Para obtener una verdadera muestra representativa de los residentes de Clearwater, solicitamos que Ilene la encuesta el adulto que haya tenido su cumpleanos mas recientemente. La edad del adulto no importa siempre que tenga 18 anos de edad o mas. Al selecci6nar de esta forma a la persona que debe Ilenar 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 acerca de la Encuesta de los Ciudadanos por favor Ilamanos (727) 562-4550. Su participacion 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. Sinceramente, William B. Horne Administrador municipal 6111h A-Mi"1111"W" AL.T y Item # 40 li!1?? Attachment number 3 Page 98 of 104 Encuesta Ciudadana del 2008 de la Ciudad de Clearwater Por favor complete este cuestionario Si Listed es el adulto (18 anos o mas) de sLi casa clue mas recientemente haya celebrado su cumpleanos. El ano de nacimiento del adulto no importa. Por favor encierre en Lin circulo la respLiesta clue mejor represente su opinion en cada pregunta. Sus respuestas son anonimas y solo seran reportadas en forma general. 1. Por favor clasifique cada uno de los siguientes aspectos de la calidad de vida en Clearwater: Excelente Bueno Pasable Bajo No se Clearwater como Iugar en donde vivir ..................................................... 1 2 3 4 5 Su VecindariO comp lMgar en donde Vivir ................................................. 1 2 3 4 5 Oearwater comp lMgar Para criar nilio..................................................... 1 2 3 4 5 Clearwater comp lMgar Para tra[ajar ........................................................ 1 2 3 4 5 Clearwater comp lMgar Para ju[filar,e/retirar,e .......................................... 1 ? 3 4 5 La calidad general de Vida en Clearwaterr ................................................. 1 ? 3 4 5 2. Por favor evalue la forma en que cada una de las siguientes caracteristicas se relaciona en general con la Ciudad de Clearwater: Excelente Bueno Pasable Bajo No se Sentido de cooperaci6n comunitaria .......................................... .............. 1 2 3 4 5 Aceptaci(>n de la comunidad a gent(- d(- diferente, antecedente, ........................................................................... .............. 1 ? 3 4 5 A,pecto general de la Ciudad de Clearwaterr .............................. .............. 1 ? 3 4 5 Limpieza de Clearwaterr ............................................................. .............. 1 2 3 4 5 Calidad general de de,arrOIIO nuevO en Clearwater ................... .............. 1 ? 3 4 5 variedad de opcione, de Vivienda ............................................. .............. 1 2 3 4 Calidad general de empresas y establecimientos de servido en Clearwater ......................................................................... .............. 1 2 3 4 5 Suticiente, Iugare, de compra .................................................... .............. 1 ? 3 4 5 Oporfihrnidade, Para a,ktir a actividade, cultural(-, .................... .............. 1 ? 3 4 5 Oportunidade, de recreacidn ..................................................... .............. 1 2 3 4 5 Oportunidade, Para empleo ...................................................... .............. 1 ? 3 4 5 Oportunidade, edMCativa........................................................... .............. 1 2 3 4 5 Oportunidades para participar en eventos y actividades sociales ................................................................................... ..............1 2 3 4 5 Oportunidad(-, 1_)a1-a ,er VOluntario ............................................. .............. 1 ? 3 4 5 Oportunidade, Para participar en a,MntO, de ('omunidad ........... .............. 1 ? 3 4 5 Facilidad para andar en carro ..................................................... .............. 1 ? 3 4 5 Facilidad Para andar en auto[u.................................................. .............. 1 ? 3 4 5 Facilidad para andar en [icicleta ................................................ .............. 1 ? 3 4 5 Facilidad pcira caminar ............................................................... .............. 1 ? 3 4 5 Dkponihihdad de camino, y,endero, para caminar .................. .............. 1 ? 3 4 5 FIMjO de tlciti('o ,O[re Id', calle5 principal(-, ................................ .............. 1 ? 3 4 5 Disponi[ihdad de F,tacionamiento Publico ............................... .............. 1 ? 3 4 5 Disponibilidad de vivienda, a precio, acce,i[le, ....................... .............. 1 ? 3 4 5 GMardella, infantile, a precios accesi[le, ................................... .............. 1 ? 3 4 5 A,ktencia medica a precio, acce,i[Ie......................................... .............. 1 ? 3 4 5 Acce,o a comida de [Mena calidad a Lin cO,tO raz011a4fIe ........... .............. 1 ? 3 4 5 Disponibilidad de,ervi(Jo, preventivO, d(- ,alud ...................... .............. 1 ? 3 4 5 Calidad del medio am[iente wire) ............................................. .............. 1 ? 3 4 5 Calidad c1e1 am[iente natural general en Clearwater .................. .............. 1 ? 3 4 5 Imager/reputaci6n general de Clearwaterr .................................. .............. 1 2 3 4 5 Calidad de la Playa .................................................................... .............. 1 2 3 4 5 3. Por favor evalue la rapidez de crecimiento durante los ultimos 2 anos en las siguientes categorias: demasiado un poco cantidad un poco muy no lento lento apropiada rapido rapido se Crecimiento de la poblaci6n .......................................... 1 2 3 4 5 6 CrecJmlent0 CIeI COmercJO (tlendd,, I-e,tdUrante,, et(,_) ............................................................................ 1 2 3 4 5 6 Aumento de oportunidad de empleo ............................. 1 2 3 4 5 6 Item # 40 Pagina 1 of 5 Attachment number 3 Page 99 of 104 he National Citizen Survey"' 4. iHasta que nivel grade considera un sGn problema los edificios en ruinas, lotes de hierba mala o vehiculos chatarra en Clearwater? O No son problema O Problema menor O Problema moderado O Problema mayor O No se 5. Por favor clasifique que tan seguro o inseguro se siente usted de to siguiente en Clearwater: muy mas o menos ni seguro mas o menos muy no seguro seguro niinseguro inseguro inseguro se Crimen violento (Ej. violaci6n, ataque, robo) ................. 1 2 3 4 5 6 Crimene" de Iropiedad fl. roho, rialto) ........................ 1 ? 3 4 5 6 Peligros ambientales, incluyendo desecho t6xico........... 1 2 3 4 5 6 6. Por favor clasifique que tan seguro o inseguro se siente usted: muy mas o menos ni seguro mas o menos muy no seguro seguro niinseguro inseguro inseguro se En su vecindario durante el dia ...................................... 1 2 3 4 5 6 En "u vecindario durante la noche ................................. 1 ? 3 4 5 6 En el Centro de la Ciudad durante el did ......................... 1 ? 3 4 5 6 En el Centro de la Ciudad d1-11-ante la noche .................... 1 ? 3 4 5 6 7. Durante los 61timos 12 meses, lusted o alguno de los miembros de su familia fue victima de alg6n crimen? O No 4 Vaya a la pregunta #9 O Si 4 Vaya a la pregunta #8 O No se 4 Vaya a la pregunta #9 8. iSi usted march si, denunci6 esos crimenes a la policia? O No O Si O No se 9. Durante los 61timos 12 meses, icuantas veces (usted o alg6n miembro de su familia) particip6 en las siguientes actividades en la Ciudad de Clearwater? 162 3a 12 13a26 mas de Nunca veces veces veces 26 veces Utiliz6 las bibliotecas p6blicas de Clearwater y sus servicios ................... 1 2 3 4 5 UtiIIZ6 lo" Centro" de recreaci?>n de Clemrwater ....................................... 1 ? 3 4 5 Participd en Irograma" o actividade" recreativa. ...................................... 1 ? 3 4 5 Vi"it6 un Iardue del vecindario o de la Ciudad ........................................ 1 ? 3 4 5 Asisti6 a una reuni6n de autoridades locales u otra reuni6n p6blica .................................................................................................1 2 3 4 5 Vio por Cahle (TV) una re1-111i6n de autoridade" locale" a otra reunicin I)uhlica .................................................................................... 1 ? 3 4 5 Ley6 anuncios en la Hoja Informativa de Clearwater (C-News) en el St. Petersburg Times ......................................................................... 1 2 3 4 5 Vi"itd la Ciudad del "itio en red Clear??ater (en myclearvn"ateI-.com) ............................................................... 1 ? 3 4 5 ReciC16 Impel, lata" o hotella" en "u ca"a ................................................. 1 ? 3 4 5 Trahajd de voluntario en algun grupo o WdViddd .................................... 1 ? 3 4 5 Participd en actividade" religio"n" o e"Iirituale" en Cleal-w'Iter ................ 1 ? 3 4 5 Particip6 en un C1uh o grupo civico en Clearwaterr ................................... 1 ? 3 4 5 Proporciond ayudd a un amigo o vecino .................................................. 1 ? 3 4 5 Vi"itd la Playa de Cleal-w'Iter .................................................................... 1 ? 3 4 5 U"6 tran"porte Aternativo (concorcio de (an-o", hicicleta, etc_) ................ 1 ? 3 4 5 Mir6 una "e"i6n de oti(JAL", elegido" locale" a otra "e"i611 puhlica local "ohre video C11"iticado por nivele" .................................. 1 ? 3 4 5 10. iQue tan a menudo habla con / o visita a sus vecinos inmediatos (personas que viven en los 10 o 20 hogares que estan mas cerca de usted)? O Casi todos los dias O Varias veces por semana O Varias veces al mes O Una vez al mes O Varias veces al ano O Una vez al ano o menos O Nunca Item # 40 Pagina 2 of 5 U C V t 2 10 Z cc 0 0 0 0 cN 0 N V 2 10 Z Attachment number 3 Page 100 of 104 Encuesta Ciudadana del 2008 de la Ciudad de Clearwater 11. Por favor clasifique la calidad de cada uno de los siguientes servicios en Clearwater: Excelente Bueno Pasable Bajo No se Servicios de la Policia .............................................................................. 1 2 3 4 5 Servicios de Bomhero.............................................................................. 1 2 3 4 5 Servicios de Amhulancia / Medico,, de Fmer-encia .................................. 1 2 3 4 5 PreVellcJ(>n de Crimene,, .......................................................................... 1 2 3 4 5 Educaci611 y PreVeIlcJ(>n contra Incendio. ................................................ 1 2 3 4 5 Impo,,ici6n de la,, Leye,, de Trap,,ito ......................................................... 1 2 3 4 5 Reparaci6n de CAI(.. ............................................................................... 1 2 3 4 5 Liillpieza de Calle.................................................................................... 1 ? 3 4 5 Iluminaci6n de Calle,, .............................................................................. 1 2 3 4 5 Mantenimiento de Aces,, / vereda,, ......................................................... 1 2 3 4 5 Re11ulaci6n de S(nlatOI-O, / Seriale,, de Tran,,ito ........................................ 1 2 3 4 5 Servicios de AutOhCN / Transporte ............................................................ 1 2 3 4 5 Recolecci6n de Ba,,ura ............................................................................. 1 2 3 4 5 Reciclaj. ..................................................................................................1 2 3 4 5 Recolecci6n de D(-,,echo,, del Patio (jardin) ............................................. 1 2 3 4 5 Drenaje,, .................................................................................................. 1 2 3 4 5 Aoua POtahle ........................................................................................... 1 2 3 4 5 Servicio,, de Carieria ................................................................................ 1 2 3 4 5 Pardue,, de Ciudad ................................................................................... 1 2 3 4 5 Clare,, o Pro-rama,, Recreativo. ............................................................... 1 2 3 4 5 Centro,, de Recreaci()n ............................................................................. 1 2 3 4 5 U,,o, Planiticaci611 y Zoniticaci611 de Terreno ........................................... 1 2 3 4 5 Impo,,ici6n de la,, Ordenanza,, (mala hierha, maleza, editicio,, ahandonado,,, et('_) .................................................................. 1 2 3 4 5 De,,arrollo Fcon6niico ............................................................................. 1 2 3 4 5 Servicios para Personas Mayores (de la tercera edad, Ciudadanos de oro, "seniors") .............................................................. 1 2 3 4 5 Servicio,, Para la juventud ........................................................................ 1 ? 3 4 5 Servicio,, para Persona,, de Bajo,, Recur,,o,, ............................................... 1 2 3 4 5 Servicios de BiNioteca,, P6hh("I............................................................... 1 2 3 4 5 Servicio,, de Informaci6n Puhlica ............................................................. 1 2 3 4 5 F,,cuela,, P hh('a,, ..................................................................................... 1 ? 3 4 5 Televi,,i6n por Ca)le ................................................................................ 1 2 3 4 5 Preparaci611 de emergencia (,,ervicio,, due preparan a la comuniclad Para de,,a,,tres a otra,, ,,ituacione,, d(- emergen('ia) .............. 1 2 3 4 5 Preservaci6n de areas naturales tales como espacio abierto, tierra de cultivo y areas verdes .............................................................. 1 2 3 4 5 Mantenimiento de la Playa ....................................................................... 1 ? 3 4 5 Servicio de oa,, natural (Gas de Clearwater) .............................................. 1 2 3 4 5 Pre,,eivacibn de area,, naturales tale,, como darsena,,/I_?layas y trayecto,, veide,, de e,,pacio abierto .................................................... 1 2 3 4 5 12. En general, ic6mo evalua usted los servicios suministrados por... Excelente Bueno Pasable Bajo No se la Ciudad de Clearwater ........................................................................... 1 2 3 4 5 el Gohierno Federal ................................................................................. 1 2 3 4 5 el Gohierno F,,tatal ................................................................................... 1 2 3 4 5 Gohierno del Condado de Pinellas .......................................................... 1 2 3 4 5 Item # 40 Pagina 3 of 5 Attachment number 3 Page 101 of 104 he National Citizen Survey"' 13. iHa tenido contacto personal o por telefono con alg6n empleado de la Ciudad de Clearwater durante los 61timos 12 meses (incluyendo policias, recepcionistas, planificadores u otros)? O No 4 Vaya a la pregunta #15 O Si 4 Vaya a la pregunta #14 14. iCual fue su impresi6n de los empleados de la Ciudad de Clearwater en su mas reciente contacto? (Eval6e cada caracteristica abajo.) Excelente Bueno Pasable Bajo No se Conocimiento ..........................................................................................1 2 3 4 5 Simlatia ................................................................................................... 1 ? 3 4 5 Corte"ia ................................................................................................... 1 ? 3 4 5 1111pre"i61l General ................................................................................... 1 ? 3 4 5 15. Por favor clasifique las siguientes categorias del desemper5o gubernamental en Clearwater: Excelente Bueno Pasable Bajo No se Fl valor de servicios para los impuestos pagados a Clearwater ................. 1 2 3 4 5 La direcc1611 general (11-le e,ta tomando Clearwater .................................. 1 ? 3 4 5 La lahor del gohierno de Clear?ti?ater Mara incluir la pa11icipaci611 ciudadana ............................................................................................. 1 ? 3 4 5 La lahor del gohierno de Clearwater para escuchar a I05 ciudada110 5 ....... 1 ? 3 4 5 16. Por favor indique que tan probable o improbable es usted para hater cada uno de los siguientes: Muy Algo Algo Muy No Probable probable improbable Improbable S6 Recomendarle vivir en Clearwater a alguien que pregunta ............. 1 2 3 4 5 Permanecer en Clearwater para lo', p1-6xi111os cinco Irlo................ 1 2 3 4 5 17. iQue impacto, si existe, piensa usted que la economia tendra en los ingresos de su familia en los pr6ximos 6 meses? Usted piensa que el impacto sera: O Muy positivo O Ws o menos positivo O Neutral O Ws o menos negativo O Muy negativo 18. Por favor marque la respuesta que represente mejor su opini6n en cada una de las siguientes preguntas: a. Que tan importante, si del todo, es que servicios comunitarios, tales como un centro de recreaci6n o una biblioteca esten... Muy Algo No importante No Esencial importante importante del todo se A distancia para caminar desde su hogar ..........................................1 2 3 4 5 Fn su vecindario a otro vecindario cercano ......................................1 ? 3 4 5 Dentro de 10 min1-Ito5 desde Su hogar ..............................................1 2 3 4 5 Dentro (1( -30 min1-Ito5 desde Su hour ..............................................1 2 3 4 5 b. A fin de mantener centros de recreaci6n y bibliotecas existentes abiertos, la Ciudad puede que necesite considerar reducir horas. iHasta que punto apoya o se opone a esta potential soluci6n? 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 o se opone a cada uno de los siguientes tipos de desarrollo? Fuertemente Algo Algo Fuertemente apoyo apoyo me opongo me opongo Mil; que nada residencial con algo de venta por menor ...................1 2 3 4 Mas clue nada oficina con algo de yenta por menor ..........................1 ? 3 4 Mas clue nada hotel con algo de yenta por menor ............................ l ? 3 4 Na', que nada yenta por menor con algo de residencial, oficina a hotel ...............................................................................1 2 3 4 Solamente venta al por menor ..........................................................1 2 3 4 Item # 40 Pagina 4 of 5 Attachment number 3 Page 102 of 104 Encuesta Ciudadana del 2008 de la Ciudad de Clearwater Nuestras ultimas preguntas son acerca de usted y su hogar. De nuevo, todas [as respuestas son an6nimas y seran reportadas en forma general. D1. iActualmente esta empleado con sueldo? O No 4 Vaya a la Pregunta D3 O Si, tiempo completo 4 Vaya a la Pregunta D2 O Si, medio tiempo 4 Vaya a la Pregunta D2 D2. Durante una semana tipica, icuantos dias hace un recorrido hasta el trabajo (para la mayor distancia que recorre) de cada manera en la lista de abajo? (Ponga el n6mero total de dias, usando n6meros enteros.) Vehiculo motorizado (Ej. carro, cami6n, motocicleta, etc...) solo .................. dias Vehi(ulo motorizado fl. ccirro, cclmidn, motocicleta, eft'...) con otro5 nino5 o adulto. ............................................ dias AutohUS a otro tranSlx>rte huhli(o ..... dias Laminar ............................................ dia" Bicicleta ............................................ dias Trahajar en el hoar .......................... dias Otro .................................................. dias D3. iCuantos anos tiene usted viviendo en Clearwater? O Menos de 2 anos O 11-20 anos O 2-5 anos O Ws de 20 anos O 6-10 anos 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 o mas casas (Ej. duplex, townhome) O Edificio con 2 o mas apartamentos o condominios O Casa rodante /trailer O Otro D7. iAlg6n nir5o de 17 ar5os o menos vive en su hogar? O No O Si D8. iTiene usted o cualquiera de los miembros de su familia 65 anos o mas? O No O Si D9. iCuanto cree usted que sera el ingreso de su familia antes de impuestos para el ar5o 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 O $100,000 a $149,999 O $150,000 o mas Por favor responda a ambas preguntas D10 y D11: D10. js usted Espanol, Hispano o Latino? O No, no soy Espanol, Hispano o Latino O Si, me considero Espanol, Hispano o Latino D11. iCual es su raza? (Marque uno o mas grupos que indiquen to que Listed se considera.) O Indio Americano o nativo de Alaska O Asiatico o de las Islas del Pacifico O Negro, Afro-americano O Blanco / Caucasico O Otro D12. jn que categoria esta su edad? O 18-24 anos O 55-64 anos O 25-34 anos O 65-74 anos O 35-44 anos O 75 anos o mas O 45-54 anos D5. js esta casa, apartamento o casa rodante / trailer es... O Alquilada o la ocupa sin pago? O Propia, o alguno de su familia la paga con hipoteca o ya esta paga? D6. iComo 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 asociaci6n de propietarios (H OA))? O Menos de $300 por mes O $300 a $599 por mes O $600 a $999 por mes O $1,000 a $1,499 por mes O $1,500 a $2,499 por mes O $2,500 o mas por mes D13. iCual es su sexo? O Femenino O Masculino D14. jsta registrado para votar en su jurisdicci6n? O No O Si 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 61tima elecci6n general? O No O Si O No tengo derecho a votar O No se Gracias por completar esta encuesta. Por favor regrese la encuesta en el sobre prepagado a: National Research Center, Inc., 3005 30th St., Boulder, CO 80301 Item # 40 Pagina 5 of 5 _? ? O? N cz 0 L? z o CZ O a?(1)iU?n a_ U) m0 °B n O 'IT it N co d' d' a? co L Cf? Ln m co M ? - x O N UMOU- a? UD 14- .? UOo- U Attachment number 3 Page 104 of 104 Item # 40 Attachment number 4 Page 1 of 33 i ational Citizen SurveyTM CITY OF CLEARWATER, FL 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 E N T RESEARCH KC E N T E R inc 'Co' 3005 30th Street Boulder, CO 80301 ww.n-r-c.com • 303-444-7863 777 North Capitol Street NE, Suite 500 Washington, DC 20002 www.icma.org • 202-289-ICMA Item # 40 Attachment number 4 Page 2 of 33 Confidential: for internal circulation only City of Clearwater 12008 CONTENTS Understanding the Benchmark Comparisons ......................................................................1 Comparison Data .....................................................................................................................1 Putting Evaluations onto the 100-point Scale ............................................................................2 Interpreting the Results .............................................................................................................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 # 40 Attachment number 4 Page 3 of 33 Confidential: for internal circulation only City of Clearwater 12008 UNDERSTANDING THF- BENCHMARK COMPARISONS 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. Jurisdiction Characteristic Percent of Jurisdictions Region West Coast, 16% WestZ 20% North Central West3 11 % North Central East4 13% South Central' 9% South' 25% Northeast West' 3% Northeast East$ 3% Population Less than 40,000 42% 40,000 to 74,999 20% 75,000 to 149,000 16% 150,000 or more 22% ' Alaska, Washington, Oregon, California, Hawaii z Montana, Idaho, Wyoming, Colorado, Utah, Nevada, Arizona, New Mexico s North Dakota, South Dakota, Nebraska, Kansas, Iowa, Missouri, Minnesota a Illinois, Indiana, Ohio, Michigan, Wisconsin 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 a Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, Maine The National Citizen SurveyT"' 1 Item # 40 Attachment number 4 Page 4 of 33 Confidential: for internal circulation only City of Clearwater 12008 PUTTING EVALUATIONS ONTO THE 100-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 100-point scale is no greater than plus or minus two points based on all respondents. The 100-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, "fair" =33 and "poor" =0. If everyone reported "excellent," then the average rating would be 100 on the 100-point scale. Likewise, if all respondents gave a "poor", the result would be 0 on the 100-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. Response option Excellent Good Fair Poor Don't know Total Example of Converting Responses to the 100-point Scale How do you rate the community as a place to l ive? Total Step 2: Step 4: Sum Total with Stepl: Remove the without Assign Step 3: Multiply to calculate "don't percent of "don't "don't scale the percent by the average know" know" responses know" values the scale value rating 36% =36=(100-5)= . 38% 100 =38% x 100 = 38 42% =42=(100-5) 44% 67 =44% x 67 = 30 12% -12=(100-5) 13% 33 _ =13% x 33 = 4 5% =5-(100-5) 5% 0 =5% x 0 = 0 5% _ -- 100% 100% 72 How do you rate the community as a place to live? 5% 13% 44% 38% 0 33 67 100 Poor Fair Good - Excellent The National Citizen SurveyT"' 2 Item # 40 Attachment number 4 Page 5 of 33 Confidential: for internal circulation only City of Clearwater 12008 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 100-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 SurveyT"' 3 Item # 40 Confidential: for internal circulation only Attachment number 4 Page 6 of 33 City of Clearwater 12008 NATIONAL BENCHMARK COMPARISONS Overall Community Quality Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Overall quality of lite 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 years 76% 16 27 75% Similar Recommend living in Clearwater to someone who asks 70% 18 26 73% Similar Community Transportat ion Benchmarks Clearwater average rating NUlnber of (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark 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 walking trai Is 58 12 32 52 Above Traffic flow on major streets 35 68 89 43 Below The National Citizen SurveyT"' 4 Item # 40 Attachment number 4 Page 7 of 33 Confidential: for internal circulation only City of Clearwater 12008 Transportation and Parking Services Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark Street repair /maintenance 48 129 297 45 Similar Street cleaning 56 94 213 54 Similar Street lighting 58 55 225 53 Above Sidewalk maintenance 51 84 191 48 Similar Light timing 40 117 140 45 Below Bus or transit services 50 80 145 50 Similar Amount of public parking 32 1 1 2 125 45 Below Housing C haracteri stics Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Availability of affordable quality housing 34 134 214 37 Similar Variety of housing options 51 17 28 50 Similar Built Environment Benchmarks Clearwater average rating Number of (0 =most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Quality of new development in city 48 95 135 53 Below Overall appearance of Clearwater 58 118 225 57 Similar Populat ion Growth Benchmarks Clearwater average rating NUlnber of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Population growth seen as too fast 58% 109 220 55% Similar The National Citizen SurveyT"' 5 Item # 40 Confidential: for internal circulation only Planning and Community Code Enforcement Services Benchmarks Attachment number 4 Page 8 of 33 City of Clearwater 12008 Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark Land use, planning and zoning 39 119 193 42 Similar Code enforcement (weeds, abandoned buildings, etc) 43 140 240 45 Similar Economic Sustainabilit y and Op portunities Benchma rks Clearwater average rating NUlnber of (0 =most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Employment opportunities 37 98 199 36 Similar Shopping opportunities 64 34 184 49 Above Place to work 48 110 1 72 52 Below Overall quality of business and service establishments in Clearwater 55 12 26 54 Similar Economic Development Services Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Economic development 40 1 0 179 40 Below Job and Retail Growt h Benchmarks Clearwater average rating NUlnber of (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark Retail growth seen as too fast 20% 124 220 23% Below jobs growth seen as too slow 81% 40 220 68% Above Personal Economic Fut ure Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Positive impact of economy on household income 10% 209 218 23% Below The National Citizen SurveyT"' 6 Item # 40 Confidential: for internal circulation only 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 Safety from violent crime (e.g., rape, assault, robbery) Safety from property crimes (e.g., burglary, theft) Toxic waste or other environmental hazard(s) Victim of crime Reported crimes Police services Fire services EMS/ambulance Crime prevention Fire prevention and education Traffic enforcement Emergency preparedness Attachment number 4 Page 9 of 33 City of Clearwater 12008 Community and Personal Public Safety Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark 87 97 218 85 Similar 70 111 210 69 Similar 76 139 182 82 Below 47 147 186 59 Below 66 113 182 70 Below 58 109 180 60 Similar 70 21 27 75 Below Crime Victimizatio n and Reporting Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark 16% 70 221 14 Similar 76% 124 221 76% Similar Public Safet y Service s Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark 64 155 290 65 Similar 77 92 233 76 Similar 76 82 _ 221 73 Similar 53 121 201 56 Similar 61 119 167 64 Below 52 170 233 55 Below 63 14 46 56 Above The National Citizen SurveyT"' 7 Item # 40 Confidential: for internal circulation only Cleanliness of Clearwater Quality of overall natural environment in Clearwater Preservation of natural areas such as open space, farmlands and greenbelts Air quality Recycled used paper, cans or bottles from your home Sewer services Drinking water Storm drainage Yard waste pick-up Recycling Garbage collection Recreation opportunities Attachment number 4 Page 10 of 33 City of Clearwater 12008 Community Environment Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark 57 20 32 61 Below 56 20 27 62 Below 53 14 40 55 77 120 Frequency of Recycling Benchmarks Clearwater average rating Number of (0 = most negative, jurisdictions for 100=most positive) Rank Comparison 51 Similar 58 Similar National Comparison to benchmark benchmark 80% 101 206 77% - Similar -------- ------- Utility Services Benchmarks ----- -- Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark 59 112 187 60 Similar 46 150 183 56 Below 55 89 232 51 Above 70 37 151 63 Above 66 94 208 62 Above 75 41 235 68 Above Community Recreat ional Opportunities Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark 65 45 194 56 Above The National Citizen SurveyT"' 8 Item # 40 Confidential: for internal circulation only Participation in Parks and Recreation Opportunities Benchmarks Attachment number 4 Page 11 of 33 City of Clearwater 12008 City of Clearwater Rating (0=most Number of negative, 100= most jurisdictions for National Comparison to positive) Rank Comparison benchmark benchmark 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 Parks and Recreation S ervices Benchmarks Clearwater average rating (0=most NUlnber of negative, 100=most jurisdictions for National Comparison to positive) Rank Comparison benchmark benchmark City parks 70 76 214 66 Above Recreation programs or classes 64 94 224 61 Above Recreation centers or facilities 65 51 175 59 Above Cultural and Educ ational O pportunities Benchmarks Clearwater average rating NUlnber of (0 =most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Opportunities to attend cultural activities 56 68 187 52 Above Educational opportunities 53 86 125 58 Below Participation in Cultural a nd Educat ional Opportunities Benc hmarks Clearwater average rating (0=most NUlnber of negative, 100=most jurisdictions for National Comparison to positive) Rank Comparison benchmark benchmark 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 SurveyT"' 9 Item # 40 Confidential: for internal circulation only Public schools Public library services Availability of affordable quality health care Availability of affordable quality food Availability of preventive health services 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 place to retire Attachment number 4 Page 12 of 33 City of Clearwater 12008 Cultural and Educational Services Benchmarks Clearwater average rating (0=most Number of negative, 100=most jurisdictions for National Comparison to positive) Rank Comparison benchmark benchmark 50 110 145 58 Below 74 05 206 70 Above Community Health and Well ness Access and Opportunities Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark 45 71 139 46 Similar 54 41 76 55 Similar 48 10 19 49 Similar Community Quality and Inclusiveness Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for 100 =most positive) Rank Comparison 47 161 198 National Comparison to benchmark benchmark 55 Below 51 100 165 54 Similar 38 91 137 41 Below 57 175 241 64 Below 61 62 222 55 Above The National Citizen SurveyT"' 10 Item # 40 Confidential: for internal circulation only Services Provided for Population Subgroups Benchmarks Attachment number 4 Page 13 of 33 City of Clearwater 12008 Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Services to seniors 54 117 193 56 Similar Services to youth 50 89 165 51 Similar Services to low income residents 43 65 147 41 Similar Civic Engage ment Opp ortunities Benchmarks Clearwater average rating NUlnber of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark Opportunities to participate in community matters 53 12 25 56 Similar Opportunities to volunteer 66 10 24 63 Similar Participation in Civic Engage ment Opportunities Ben chmarks Clearwater average rating NUlnber of (0=most negative, jurisdictions for National Comparison to 100=most positive) Rank Comparison benchmark benchmark 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 Participated in a club or civic group in Clearwater Provided help to a friend or neighbor The National Citizen SurveyT"' 11 Item # 40 Confidential: for internal circulation only Attachment number 4 Page 14 of 33 City of Clearwater 12008 Use of Information Sources Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison 100=most positive) Rank Comparison benchmark to benchmark 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 Local Government Media Services and Information Dissemination Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National Comparison 100 =most positive) Rank Comparison benchmark to benchmark 60 9 124 49 Above 60 60 186 57 Above Social Engagement Opportu nities Benchmarks Clearwater average rating (0=most NUlnber of negative, 100=most jurisdictions for National Comparison to positive) Rank Comparison benchmark benchmark Opportunities to participate in social events and activities 56 Contact with Im Clearwater average rating (0 = most negative, 100 = most positive) Has contact with neighbors at least once per month 76% 12 27 55 Similar mediate Neighbors Benchmarks NUlnber of Jurisdictions for National Comparison to Rank Comparison benchmark benchmark 5 13 75% Similar The National Citizen SurveyT"' 12 Item # 40 Confidential: for internal circulation only 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 Publ Clearwater average rating (0 = most negative, 100 = most positive) 46 45 is Trust Benchmarks Number of Jurisdictions for Rank Comparison 203 249 171 202 43 205 216 Attachment number 4 Page 15 of 33 City of Clearwater 12008 National Comparison to benchmark benchmark 54 Below 55 Below 57 Below listening to citizens 37 1 77 189 50 Below Overall image or reputation of Clearwater 58 84 164 58 Similar Services Provided by Local, State and Federal Governments Benchmarks Clearwater average rating (0=most Number of negative, 100=most jurisdictions for National Comparison to positive) Rank Comparison benchmark benchmark Services provided by the City of Clearwater 59 146 279 60 Similar Services provided by the Federal Government 41 99 166 42 Similar Services provided by the State Government 43 108 168 44 Similar Pinellas County government general 51 8 21 47 Above Contact with C ity Employees Benchmarks Clearwater average Number of rating (0=most negative, jurisdictions for National Comparison to 100 =most positive) Rank Comparison benchmark benchmark Had contact with city employee(s) in last 12 months 53% 177 219 59% Below The National Citizen SurveyT"' 13 Item # 40 Confidential: for internal circulation only City employee knowledge City employee responsiveness City employee courteousness Overall impression Attachment number 4 Page 16 of 33 City of Clearwater 12008 Perceptions of City Employees (Among Those Who Had Contact) Benchmarks Clearwater average rating Number of (0=most negative, jurisdictions for National 100 =most positive) Rank Comparison benchmark 68 115 222 68 64 124 219 65 69 80 178 68 66 105 249 65 Comparison to benchmark Similar Similar Similar Similar The National Citizen SurveyT"' 14 Item # 40 Attachment number 4 Page 17 of 33 Confidential: for internal circulation only City of Clearwater 12008 JURISDICTIONS INCLUDED IN NATIONAL BENCHMARK COMPARISONS Alabaster, AL ............................................ ..22,169 Poway, CA............................................... .. 48,044 Auburn, AL ............................................... ..42,987 Rancho Cordova, CA ................................ . 55,060 Tuskegee, AL ............................................ ..11,846 Redding, CA ............................................ .. 80,865 Valdez, AK ............................................... ....4,036 Richmond, CA ......................................... .. 99,216 Avondale, AZ ........................................... ..35,883 Riverside, CA........................................... 255,166 Chandler, AZ ............................................ 176,581 San Bernardino County, CA .................. 1, 709,434 Cococino County, AZ ............................... 116,320 San Francisco, CA.................................... 776,733 Flagstaff, AZ ............................................. ..52,894 San Jose, CA............................................. 894,943 Florence, AZ ............................................ ..17,054 San Rafael, CA ......................................... .. 56,063 Goodyear, AZ .......................................... ..18,911 San Ramon, CA......................................... . 44,722 Marana, AZ .............................................. ..13,556 Santa Barbara County, CA........................ 399,347 Peoria, AZ ................................................ 108,364 Santa Monica, CA .................................... .. 84,084 Phoenix, AZ .......................................... 1, 321,045 Stockton, CA............................................ 243,771 Prescott Valley, AZ ................................... ..25,535 Sunnyvale, CA ......................................... 131,760 Queen Creek, AZ ..................................... ....4,316 Walnut Creek, CA..................................... . 64,296 Safford, AZ ............................................... ....9,232 Calgary, Canada....................................... 878,866 Scottsdale, AZ .......................................... 202,705 District of Saanich,Victoria, Canada ......... 103,654 Sedona, AZ .............................................. ..10,192 Kelowna, Canada..................................... .. 96,288 Tempe, AZ ............................................... 158,625 North Vancouver, Canada......................... . 44,303 Tucson, AZ ............................................... 486,699 Oakville, Canada ..................................... 144,738 Yuma, AZ ................................................. .. 77,515 Prince Albert, Canada ............................... . 34,291 Yuma County, AZ ..................................... 160,026 Thunder Bay, Canada............................... 109,016 Fayetteville, AR ........................................ ..58,047 Whitehorse, Canada.................................. . 19,058 Fort Smith, AR .......................................... ..80,268 Yellowknife, Canada................................. . 16,541 Hot Springs, AR ........................................ ..35,613 Archuleta County, CO............................... ... 9,898 Agoura Hills, CA ...................................... ..20,537 Arvada, CO.............................................. 102,153 Bellflower, CA .......................................... ..72,878 Aspen, CO............................................... .... 5,914 Benicia, CA .............................................. ..26,865 Aurora, CO.............................................. 276,393 Brisbane, CA ............................................ ....3,597 Boulder, CO ............................................ ..94,673 Burlingame, CA ........................................ ..28,158 Boulder County, CO ................................ 291,288 Capitola, CA ............................................. ..10,033 Breckenridge, CO ..................................... ... 2,408 Carlsbad, CA ............................................ ..78,247 Broomfield, CO ....................................... .. 38,272 Chula Vista, CA ........................................ 173,556 Castle Rock, CO........................................ . 20,224 Claremont, CA ......................................... ..33,998 Colorado Springs, CO.............................. 360,890 Concord, CA ............................................ 121,780 Craig, CO................................................. .... 9,189 Cupertino, CA .......................................... ..50,546 Denver (City and County), CO................. 554,636 Del Mar, CA ............................................. ....4,389 Denver Public Library, CO........................ ....... NA Dublin, CA ............................................... ..29,973 Douglas County, CO................................ 175,766 El Cerrito, CA ........................................... ..23,171 Durango, CO........................................... .. 13,922 Galt, CA ................................................... ..19,472 Eagle County, CO ..................................... .41,659 La Mesa, CA ............................................. ..54,749 Englewood, CO ........................................ . 31,727 Laguna Beach, CA .................................... ..23,727 Fort Collins, CO....................................... 118,652 Livermore, CA .......................................... .. 73,345 Frisco, CO................................................ .... 2,443 Lodi, CA ................................................... ..56,999 Fruita, CO................................................ .... 6,478 Long Beach, CA ........................................ 461,522 Golden, CO............................................. .. 17,159 Lynwood, CA ........................................... ..69,845 Grand County, CO.................................... . 12,442 Mission Viejo, CA .................................... ..93,102 Grand Junction, CO.................................. . 41,986 Morgan Hill, CA ....................................... ..33,556 Greenwood Village, CO............................ . 11,035 Mountain View, CA .................................. ..70,708 Highlands Ranch, CO............................... . 70,931 Newport Beach, CA ................................. ..70,032 Hot Sulphur Springs, CO........................... ... 0,521 Palm Springs, CA ...................................... ..42,807 Jefferson County, CO............................... 527,056 Palo Alto, CA ........................................... ..58,598 Lakewood, CO......................................... 144,126 The National Citizen SurveyT"' 15 Item # 40 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 ..................................... 1 16,255 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 ...................................... 100,940 Wheat Ridge, CO ..................................... ..32,913 Coventry, CT ............................................ ..11,504 Manchester, CT ........................................ ..54,740 Wethersfield, CT ...................................... ..26,271 Windsor, CT ............................................. ..28,237 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 Collier County, FL .................................... 251,377 Cooper City, FL ........................................ ..27,939 Coral Springs, FL ...................................... 1 17,549 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, FL ........................................... ..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 12008 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, ID .................................................. 185,787 Moscow, ID ............................................. ..21,291 Batavia, IL ................................................. .23,866 Collinsville, IL ........................................... .24,707 DeKalb, IL ................................................ .. 39,018 Elmhurst, IL ............................................... .42,762 Evanston, IL ............................................... . 74,239 Gurnee, IL ................................................ ..28,834 Highland Park, IL ...................................... .31,365 Homewood, IL ......................................... .. 19,543 Lincolnwood, IL ....................................... .. 12,359 Naperville, IL ........................................... 128,358 Normal, IL ................................................ ..45,386 O'Fallon, IL .............................................. ..21,910 Palatine, IL ................................................ .65,479 Park Ridge, IL ........................................... .. 37,775 Peoria County, IL ..................................... 183,433 Riverside, IL .............................................. ...8,895 Shorewood, IL .......................................... .... 7,686 Skokie, IL ................................................. ..63,348 Sugar Grove, IL ......................................... ... 3,909 Village of Oak Park, IL .............................. . 52,524 Woodridge, IL .......................................... ..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 # 40 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 Salina, 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 Rockville, MD .......................................... ..47,388 Takoma Park, MD .................................... ..17,299 Andover, MA ............................................ ..31,247 Barnstable, MA ......................................... ..47,821 Burlington, 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 Novi, 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 Blue Earth, MN ......................................... ....3,621 Carver County, MN .................................. .. 70,205 Chanhassen, MN ...................................... ..20,321 Dakota County, MN ................................. 355,904 Fridley, MN .............................................. ..27,449 Hutchinson, MN ...................................... ..13,080 Mankato, MN ........................................... ..32,427 Attachment number 4 Page 19 of 33 City of Clearwater 12008 Maple Grove, MN ...................................... 50,365 Maplewood, MN ....................................... . 34,947 Medina, MN ............................................ .... 4,005 Minneapolis, MN ..................................... 382,618 Minneapolis, 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 Farmington, NM ........................................ . 37,844 Beekman, NY ........................................... .. 11,452 Canandaigua, NY ..................................... .. 11,264 Asheville, NC ........................................... ..68,889 Cary, NC ................................................... . 94,536 Charlotte, NC ........................................... 540,828 Concord, NC ............................................. . 55,977 Davidson, NC .......................................... .... 7,139 Durham, NC ............................................ 187,038 High Point, NC ........................................ .. 85,839 The National Citizen SurveyTM 17 Item # 40 Confidential: for internal circulation only Hudson, NC .................................................3,078 Kannapolis, NC ..................................... .....36,910 Knightdale, NC ...................................... .......5,958 Wilmington, 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, PA ...................................... ...........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 Cookeville, 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 12008 Grand Prairie, TX ..................................... 127,427 Hurst, TX .............................................. ..... 36,273 Irving, TX .............................................. ... 191,615 McAllen, TX .......................................... ... 106,414 Pasadena, TX ........................................ ... 141,674 Plano, 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 Lexington, 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, WA ......................................... .. 109,569 Bellingham, WA ..................................... .... 67,171 Clark County, WA ................................. ... 345,238 Gig Harbor, WA ..................................... ...... 6,465 Hoquiam, WA ........................................ ......9,097 Kent, WA .............................................. ..... 79,524 King County, WA .................................. 1,737,034 Kirkland, WA ......................................... ....45,054 Kitsap County, WA ................................. .. 231,969 Lynnwood, WA ...................................... .... 33,847 Mountlake Terrace, WA ........................ ..... 20,362 Ocean Shores, WA ................................ ....... 3,836 Olympia, WA ......................................... ....42,514 Pasco, WA ............................................ ..... 32,066 Renton, WA .......................................... ..... 50,052 Richland, WA ....................................... ..... 38,708 The National Citizen SurveyTM 18 Item # 40 Confidential: for internal circulation only Snoqualmie, WA ..........................................1,631 Tacoma, WA ............................................ 193,556 Vancouver, WA ........................................ 143,560 Morgantown, WV ..................................... ..26,809 Ashland County, WI ................................. ..16,866 Eau Claire, 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 12008 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 # 40 Confidential: for internal circulation only Attachment number 4 Page 22 of 33 City of Clearwater 12008 POPULATIONS 64000- 1 49999 BENCHMARK COMPARI SONS Overall Community Quality Benchmarks Clearwater average rating Number of Populations (0=most negative, jurisdictions for 64,000-149,999 Comparison to 100 =most positive) Rank Comparison benchmark benchmark Overall quality of life in Clearwater 63 250 413 65 Similar Your neighborhood as place to live 67 148 279 68 Similar Clearwater as a place to live 68 193 355 68 Similar Remain in Clearwater for the next five years 76% 16 27 75 Similar Recommend living in Clearwater to someone who asks 70% 18 26 73 Similar Community Transportation Benchmarks Clearwater average NUlnber of Populations rating (0=most negative, jurisdictions for 64,000-149,999 Comparison to 100 =most positive) Rank Comparison benchmark benchmark 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 SurveyT"' 20 Item # 40 Confidential: for internal circulation only Street repair /maintenance Street cleaning Street lighting Sidewalk maintenance Light timing Bus or transit services Amount of public parking Availability of affordable quality housing Variety of housing options Quality of new development in city Overall appearance of Clearwater Population growth seen as too fast Attachment number 4 Page 23 of 33 City of Clearwater 12008 Transportation and Parking Services Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 48 175 426 44 Above 56 131 311 54 Similar 58 69 316 52 Above 51 105 259 48 Similar 40 165 207 45 Below 50 109 192 51 Similar 32 156 1 74 44 Below Housing Characteristics Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 34 195 303 37 Similar 51 17 28 50 Similar Buil t Environm ent Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 48 118 165 53 Below 58 174 315 Population Growth Benchmarks Clearwater average Number of rating (0=most negative, jurisdictions for 100=most positive) Rank Comparison 58% 58 Similar Populations 64,000-149,999 Comparison to 109 220 55% Similar The National Citizen SurveyT"' 21 Item # 40 Confidential: for internal circulation only Land use, planning and zoning Code enforcement (weeds, abandoned buildings, etc) Employment opportunities Shopping opportunities Place to work Overall quality of business and service establishments in Clearwater Economic development Retail growth seen as too fast jobs growth seen as too slow Attachment number 4 Page 24 of 33 City of Clearwater 12008 Planning and Community Code Enforcement Services Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 39 165 273 41 Similar 43 201 347 45 Similar Economic Sustainability and Opportunities Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 37 131 282 36 Similar 64 55 258 50 Above 48 135 210 52 Below 55 12 26 54 Similar Economic Development Services Benchmarks Clearwater average Number of Populations Comparison rating (0=most negative, jurisdictions for 64,000-149,999 to 100 =most positive) Rank Comparison benchmark benchmark 40 187 251 46 Below Job and Retail Growth Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison positive) Rank Comparison benchmark to benchmark 20% 124 220 23% Below 81% 40 220 68% Above The National Citizen SurveyT"' 22 Item # 40 Confidential: for internal circulation only Attachment number 4 Page 25 of 33 City of Clearwater 12008 Personal Economic Future Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Positive impact of economy on household income 10% 209 218 23% Below Community and Personal Public Safety Benchm arks Clearwater average rating (0=most NUlnber of Populations negative, 100= most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Safety in your neighborhood during the day 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, assault, robbery) 66 164 263 69 Below Safety from property crimes (e.g., burglary, theft) 58 159 262 60 Similar Toxic waste or other. environmental hazard(s) 70 21 27 75 Below Crime Victimiz ation and Reporting Benchma rks Clearwater average rating (0=most NUlnber of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison positive) Rank Comparison benchmark to benchmark Victim of crime 16% 70 221 14% Similar Reported crimes 76% 124 221 76% Similar The National Citizen SurveyT"' 23 Item # 40 Confidential: for internal circulation only Public Safety Services Benchmarks Attachment number 4 Page 26 of 33 City of Clearwater 12008 Clearwater average Number of rating (0=most jurisdictions Populations negative, 100=most for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Police services 64 212 411 64 Similar Fire services 77 130 332 76 Similar EMS/ambulance 76 117 323 73 Similar Crime prevention 53 166 281 56 Similar Fire prevention and education 61 16') 232 64 Similar Traffic enforcement 52 241 346 55 Similar Emergency preparedness 63 14 46 56 Above Community Environ ment Benchmarks Clearwater average Number of Populations rating (0=most negative, jurisdictions for 64,000-149,999 Comparison to 100 =most positive) Rank Comparison benchmark benchmark Cleanliness of Clearwater 57 24 39 60 Below Quality of overal 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 Frequency of Recy cling Benchmarks Clearwater average rating (0=most NUlnber of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Recycled used paper, cans or bottles from your home 80% 101 206 77% Similar The National Citizen SurveyT"' 24 Item # 40 Confidential: for internal circulation only Utility Services Benchmarks Attachment number 4 Page 27 of 33 City of Clearwater 12008 Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Sewer services 59 151 264 60 Similar Drinking water 46 208 262 55 Below Storm drainage 55 119 325 50 Above Yard waste pick-up 70 48 212 63 Above Recycling 66 1 8 302 63 Similar Garbage collection 75 57 339 68 Above Community Rec reational Opportunities Benchm arks Clearwater average rating (0=most NUlnber of Populations negative, 100= most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Recreation opportunities 65 65 278 56 Above Participation in Parks and Recreation Opportunities B enchmarks Clearwater average rating (0=most NUlnber of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Used Clearwater recreation centers 55% 97 1 78 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 --- ---- -------------- -------- ------- Parks and Recreation Services Benchmarks - ------ Clearwater average rating (0=most NUlnber of Populations 64,000- negative, 100= most jurisdictions for 149,999 Comparison positive) Rank Comparison benchmark to benchmark City parks 70 104 304 66 Above Recreation programs or classes 64 134 321 61 Similar Recreation centers or facilities 65 75 266 59 Above The National Citizen SurveyT"' 25 Item # 40 Confidential: for internal circulation only Opportunities to attend cultural activities Educational opportunities Used Clearwater public libraries or their services Participated in religious or spiritual activities in Attachment number 4 Page 28 of 33 City of Clearwater 12008 Cultural and Educational Opportunities Benchmarks Clearwater average rating (0=most Number of Populations negative, 100= most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 56 96 256 52 Above 53 98 142 57 Below Participation in Cultural and Educational Opportunities Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 76% 59 185 72% Above Clearwater 57% 5 10 52% Above Cultural and Ed ucational Services Benchmarks Clearwater average rating (0=most NUlnber of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison positive) Rank Comparison benchmark to benchmark Public schools 50 140 193 57 Below Public library services 74 8 290 69 Above Community Health and Well ness Access and Opportunities Benchmarks Clearwater average rating NUlnber of Populations (0=most negative, jurisdictions for 64,000-149,999 Comparison 100=most positive) Rank Comparison benchmark to benchmark 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 SurveyT"' 26 Item # 40 Confidential: for internal circulation only 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 place to retire Services to seniors Services to youth Services to low income residents Opportunities to participate in community matters Opportunities to volunteer Community Qualil Clearwater average rating (0 = most negative, 100 = most positive) 47 Attachment number 4 Page 29 of 33 City of Clearwater 12008 y and Inclusiveness Benchmarks Number of Populations jurisdictions for 64,000-149,999 Comparison to Rank Comparison benchmark benchmark 223 271 55 Below 51 133 224 54 Similar 38 114 177 41 Similar 57 250 346 64 Below 61 91 317 56 Above Services Provided for Populat ion Subgroups Benchm arks Clearwater average rating (0=most Number of Populations negative, jurisdictions for 64,000-149,999 Comparison 100 =most positive) Rank Comparison benchmark to benchmark 54 176 282 56 Similar 50 131 247 50 Similar 43 86 201 41 Similar Civic Engagement Oppo rtunities Benchmarks Clearwater average rating (0=most Number of Populations negative, jurisdictions for 64,000-149,999 Comparison 100=most positive) Rank Comparison benchmark to benchmark 53 12 25 66 10 24 56 Similar 63 Similar The National Citizen SurveyT"' 27 Item # 40 Attachment number 4 Page 30 of 33 Confidential: for internal circulation only City of Clearwater 12008 Participation in Civic Engagement Opportunities Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison positive) Rank Comparison benchmark to benchmark 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 1 78 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% 12 31% Similar Provided help to a friend or neighbor 96% 3 11 94% Similar Use of Infonmation Sources Benchmarks Clearwater average Populations rating (0=most Number of 64,000- negative, 100=most jurisdictions for 149,999 Comparison positive) Rank Comparison benchmark to benchmark 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 Local Government Media Services and Information Dissemination Benchmarks Clearwater average Populations rating (0=most NUlnber of 64,000- negative, 100= most jurisdictions for 149,999 Comparison positive) Rank Comparison benchmark to benchmark Cable television 00 10 1 7 48 Above Public information services 60 78 261 56 Above The National Citizen SurveyT"' 28 Item # 40 Confidential: for internal circulation only Opportunities to participate in social events and activities Has contact with neighbors at least once per month 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 Attachment number 4 Page 31 of 33 City of Clearwater 12008 Social Engagement Opportunities Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 56 12 27 55 Similar Contact with I mmediate Neighbors Benchma rks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 76% 5 13 75% Similar Pu blic Trust Benchmarks Clearwater average rating (0=most NUlnber of Populations negative, 100= most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 46 297 354 54 Below 45 257 293 55 Below 43 294 309 58 Below 37 262 275 50 Below 58 100 195 58 Similar The National Citizen SurveyT"' 29 Item # 40 Confidential: for internal circulation only Attachment number 4 Page 32 of 33 City of Clearwater 12008 Services Provided by Local, State and Federal Governments Benchmarks Clearwater average rating (0=most Number of Populations negative, 100=most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark 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 ®®®®®®®®®®®®®®® Contact w ith City E mployees Benchmarks Clearwater average rating (0=most Nwnber of Populations negative, 100= most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark Had contact with city employee(s) in last 12 months 53% 1 77 219 59% Below Perceptions of City Employees (Amon g Those Who Had Con tact) Benchmarks Clearwater average rating (0=most NUlnber of Populations negative, 100= most jurisdictions for 64,000-149,999 Comparison to positive) Rank Comparison benchmark benchmark City employee knowledge 68 167 325 68 Similar City employee responsiveness 64 184 319 65 Similar City employee courteousness 69 112 261 68 Similar Overall impression 66 153 362 64 Similar The National Citizen SurveyTM 30 Item # 40 Confidential: for internal circulation only Attachment number 4 Page 33 of 33 City of Clearwater 12008 JURISDICTIONS INCLUDED IN POPULATIONS 64000-149999 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 Redding, 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 ..................................... 1 16,255 Thornton, CO ........................................... ..82,384 Westminster, CO ...................................... 100,940 Cape Coral, FL .......................................... 102,286 Charlotte County, FL ................................ 141,627 Coral Springs, FL ...................................... 1 17,549 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 Asheville, NC ........................................... ..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, WA ........................................... 109,569 Bellingham, WA ....................................... .. 67,171 Kent, WA .................................................. . 79,524 Vancouver, WA ....................................... 143,560 Ozaukee County, WI ................................ . 82,317 The National Citizen SurveyT"' 31 Item # 40 Attachment number 5 Page 1 of 12 i ational Citizen SurveyTM CITY OF CLEARWATER, FL 2008 Report of Geographic Subgroup Comparisons NATIONAL 'C RESEARCH KC E N T E R inc 3005 30th Street Boulder, CO 80301 ww.n-r-c.com • 303-444-7863 777 North Capitol Street NE, Suite 500 Washington, DC 20002 www.icma.org • 202-289-ICMA Item # 40 Attachment number 5 Page 2 of 12 City of Clearwater 12008 CONTENTS Survey Background ............................................................................................................. 1 About The National Citizen SurveyT"' ........................................................................................1 Understanding the Results .................................................................................................. 2 „Don't Know" Responses .........................................................................................................2 Understanding the Tables .........................................................................................................2 Comparisons ...................................................................................................................... 3 The National Citizen SurveyTM Item # 40 Attachment number 5 Page 3 of 12 City of Clearwater 12008 SURVEY BACKGROUND ABOUT THE NATIONAL CITIZEN SURVEY" The National Citizen SurveyT"' (The NCST"°) 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 SurveyT"' 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 SurveyT"' 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 SurveyT" Basic Service. The National Citizen SurveyTM 1 Item # 40 Attachment number 5 Page 4 of 12 City of Clearwater 12008 1. NDERSTAIVDIIVG THF_ RESULTS `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. 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 "real." 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 # 40 cc 0 0 N y ro 3 cli U 0 U x L7 CC Q... ? .. ?.. L'7 u- ?.. x ?.. x 7 ?.. ?... o" ?. .. 7 r O 'IT it N M > O V cli Q ro ro 3 ro U > o LE ? V ro N ro o ro CL) 6 V C,j O fl- ro `o ro ro ? U `o 3 0 V cli Q ro ro cli 3 ro U CL) E 0 V cli Q ro ro cli 3 ro U ro 3 U .E 0 cli ro 0 C E E 0 V O C n cli 3 ro U 0 V C ro ro cli cli O t cli 3 cli U E Q 0 3 C O cli y cli 3 cli U 0 C ro U O o , o s b? 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' • T ,, cj 'auk 'ADIuDD gaaeasDN luuOPuN Aq w Aa/unS uaz!I!D luuOPuN agl O 'IT it N O Attachment number 6 Page 1 of 14 i ational Citizen SurveyTM CITY OF CLEARWATER, FL 2008 Report of Demographic Subgroup Comparisons NATIONAL 'C RESEARCH KC E N T E R inc 3005 30th Street Boulder, CO 80301 ww.n-r-c.com • 303-444-7863 777 North Capitol Street NE, Suite 500 Washington, DC 20002 www.icma.org • 202-289-ICMA Item # 40 Attachment number 6 Page 2 of 14 City of Clearwater 12008 CONTENTS Survey Background ............................................................................................................. 1 About The National Citizen SurveyT"' ........................................................................................1 Understanding the Results .................................................................................................. 2 „Don't Know" Responses .........................................................................................................2 Understanding the Tables .........................................................................................................2 Comparisons ...................................................................................................................... 3 The National Citizen SurveyTM Item # 40 Attachment number 6 Page 3 of 14 City of Clearwater 12008 SURVEY BACKGROUND ABOUT THE NATIONAL CITIZEN SURVEY" The National Citizen SurveyT"' (The NCST"°) 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 SurveyT"' 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 SurveyT"' 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 SurveyT" 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 # 40 Attachment number 6 Page 4 of 14 City of Clearwater 12008 1. NDERSTAIVDIIVG THF_ RESULTS `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. 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 "real." Where differences were statistically significant, they are marked in gray. The National Citizen SurveyTM 2 Item # 40 cc 0 ° o 0 0 o 0 0 N ' - n I. 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V 4J ' O 45 r0 N O L C ' O c 'auk 'ADIuDD gaaeasDN luuOPuN Aq w Aa/unS uaz!I!D luuOPuN agl 0 'IT it ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 11/6/2008 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: Capital expenditure Current Year Budget?: 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. Cover Memo Current Year Cost: Not to Exceed: For Fiscal Year: 2,650,000.00 10012008 to 09302008 Annual Operating Cost: Total Cost: $2,650,000 Item # 41 Appropriation Code 315-93614 Amount Appropriation Comment 2,650,000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 41 rage 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 I.D.# : 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 # 41 rage L OT 14 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 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 Survey. 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 # 41 2 rage s 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 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. (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 # 41 3 rage 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 by 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 # 41 4 rage 0 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 # 41 s rage n OT 14 from the property nor are there other governmental limitations restricting full development of the Property. ARTICLE SEVEN - CLOSING 7.1 Closing. (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 Seiler; 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 Closing 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 # 41 6 rage i 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 #: (For 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 St. Petersburg, FL 33701 Phone: (727) 895-1991 FAX #: (727) 898-3456 Item # 41 rage 0 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 # 41 s rage y 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 BAYSIDE 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 # 41 9 rage i V 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 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 any one 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 # 41 10 rage 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 # 41 11 rage .1 L 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: As to "Buyer" As to "Seller" RUTH ECKERD HALL, INC., INC., a Florida corporation By: Dated: 2008 CAPEL PROPERTIES, INC., a Florida corporation By: Dated: , 2008 Item # 41 12 rage .1 JOT .14 EXHIBIT "A" LEGAL DESCRIPTION The West 1/2 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 Hl, page 87, of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Item # 41 13 rage .14 OT .14 EXHIBIT "B" BROKER COMMISSION(S) DUE BY SELLER h:\data\aty\hsc\pact\401 cleveland.102108.p&s. clean.doc Item # 41 14 rage 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/100 ($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 # 41 rage 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 Survey. 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 # 41 2 rage s 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 # 41 3 rage 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 SPECIFICALLY 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 (COLLECTIVELY, "SELLER RELATED PARTY") FROM ALL CLAIMS WHICH PURCHASER OR ANY AGENT, REPRESENTATIVE, AFFILIATE, EMPLOYEE, DIRECTOR, OFFICER, PARTNER, Item # 41 4 rage 0 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 Closing. (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 # 41 s rage n 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 Closing 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 # 41 6 rage i 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 PA 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 # 41 rage 0 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 Casual . 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 # 41 s rage y 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 any one counterpart. Receipt of a facsimile transmission (followed promptly by an original executed counterpart) shall be deemed receipt of an original. Item # 41 9 rage i V 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 # 41 10 rage 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 # 41 11 rage .1 L 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: As to "Buyer" As to "Seller" RUTH ECKERD HALL, INC., INC., a Florida corporation By: Dated: 2008 MANIC FLORIDA SPORTSDANCE, LLC, a Florida limited liability company By: Dated: Michael I. Goldberg, Manager 2008 Item # 41 12 rage .1 JOT .14 EXHIBIT "A" LEGAL DESCRIPTION Lot 6, LESS the East 19 feet 9 inches, and the East 1/2 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 # 41 13 rage .14 OT .14 EXHIBIT "B" BROKER COMMISSION(S) DUE BY BUYER h:\data\aty\hsc\pact\403cl evel and. 102108. p&s.cl ean.doc Item # 41 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: The City will assume the purchase contracts for the 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. 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. 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. 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 11/3/2008 & 10:22:46 AM Item # 41 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. 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 11/3/2008 & 10:22:46 AM Item # 41 Attachment number 3 Page 3 of 3 sound, lighting and theatrical equipment, theater seating, electrical and HVAC 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 HVAC 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: Pamela K. Akin City Attorney RUTH ECKERD HALL, INC. Robert Freedman President and CEO Attest: Cynthia E. Goudeau City Clerk 11/3/2008 & 10:22:46 AM Iter?A # 41 Attachment number 4 Page 1 of 1 O 70 Q O O O N OO O N V O LO o I? CO ti X N O "T ONO o CO O O O C7 ? o O O L ? -.-' IRT LO o O O O O LO -.-' 00 LO o O O L ? 00 -.-' O D O C10 LO C7 o 00 LO O O O - O O 0 U 0 0 O O O O O 0 0 o O 0 0 0 0 O o D o O 0 C7 1? 0) (D 0 LO CO O O O (D O N O O O N O O O O O O O O O ? ? O C x 0) 0 0 ? 0 ? 0 LO O 00 ?} O N r (B >N LO L U) CU CU CU CU 0 0 4tf -F C -F 70 70 U N U U) t U) (a _ 4- U L U O U O U) U) CU O O CU U O CU U L 4 - to U U O O Q N -2 U) CU O ,? L ? O 4- O N cn N Cn y Q L O 0) 4-- o O 4- O O C U) ca _0 C: O O a) Q C _ 0 C cB ca O "- L 0= ca U N `- O U) CU 0 CU L (B C O - U 0 _0 to -0 (1) V O O C U N V ? U L) (1) U N O CU O 4t- L) N FU ?. N N O O N O N _ N L N U (B N E 6 ? U) 2 U Q CU Q N N Q U Q Q Q Q ca _0 Item # 41 J(\v? 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: The City will assume the purchase contracts for the 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. 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. The City's obligati contribute the $3.8 million for renovation and construction costs is contingent upon Ruth Eckard Hall raising its $8 million commitment and the City and Ruth Eckerd Hall entering into a lease/management agreement for Lhe facility as provided herein. 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. 1 1/61120089A442-0" & 4:16:34 PM' Or-48 V n ^ ^n I I 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, 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. 11/6/200991111/2008 & 4:16:34 PM' 08! In A 2 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 sound, lighting and theatrical equipment, theater seating, electrical and HVAC 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 HVAC 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 Cynthia E. Goudeau City Attorney City Clerk RUTH ECKERD HALL, INC. Robert Freedman President and CEO 1 1/G/?008°/'? r 008 & 4:16:34 PM10:n8:10 A NI ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 42 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Council Discussion Item - review the status of Penny 11 projects. SUMMARY: Review Approval: 1) Clerk 2) Assistant City Manager 3) Clerk 4) City Manager 5) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 43 Attachment number 1 Page 1 of 4 PENNY FOR PINELLAS -II Infrastructure Tax, or Penny For Pinellas, revenues represent a ITo 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 agreements. The sales tax increase from 67o to 77o 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 2.870. This has been lower than the 57o annual projected growth provided by Pinellas County. In August of 2002 Pinellas County provided revised projections of 4.270 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 2.870. 14,000,000 12,000,000 10,000,000 8,000,000 a 6,000,000 4,000,000 2,000,000 000 O?O? ?\O?, ?03 3?0? ??Oh h?00 O?O? ??0? ??00 O\ O O O O O O O O O O O Fiscal Year 306 Item # 43 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 Road 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 # 43 Attachment number 1 Page 3 of 4 0 0 ? CO u? W o? M ?n O N 0 ? CO ++ Q7 N O W o0 0 O cr rn 0 Ln r+ O M N O ? W ti N O ? cr0 O ? N f3 I? ? o o o t1 to M Qo 01 cr0 0 0 01 M M 7 O CD O V ? I,- 01 0 o y N ? G1 R ?? rn C ? °' a ? > cr as ? CD o 0 r?+ _ f3 cl? M LO y ?o rr rn ? M _ a r c x L 0 LL O o 0 0 N N ? O C N 't a O i 0 0O N1 to 0 0 0 L = f3 N M S 7 O N O C V 0 Q O N CO cr O N O o O O c3 r U 00 u; a? M N C U C > N o 00 f3 O 00 7 ? In C + + 0) 00 Q Q 0) N C N N ? Q C d > ? V o ° Q O o Item # 43 Attachment number 1 Page 4 of 4 Penny for Pinellas 14, 000, 000 12,000,000 y 10,000,000 = 8,000,000 6,000,000 470007000 270007000 Ll LJ LJ 1J 1J 1i 0 N (y) 'IT LO (D rl- CO 0 0 0 0 0 0 0 0 0 a) 0 C14 M 'IT LO (D I- rn 0 0 0 0 0 0 0 0 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 Pinellas County. 63 Item # 43 Attachment number 2 Page 1 of 1 Status of Penny II Projects As of October 15, 2008 Project # Project 91252 Station 48 (Belcher) Renovation/Expansion 91253 Station 45 (Main) Renovation 92146 Druid Road Improvements 92259 Traffic Calming 92269 Downtown Streetscape 92270 Gulf to Bay & Highland 93251 Morningside Recreation Center 93272 Recreation Trails/Bicycle Paths 94524 Long Center Infrastructure Improvements Penny Funds 2009/10 Penny Total 498,330 498,330 2,918,450 2,918,450 2,742,970 2,742,970 4,200,720 4,200,720 636,310 636,310 1,499,660 1,499,660 3,061,230 3,061,230 972,110 972,110 733,360 700,000 1,433,360 17,263,140 700,000 17,963,140 Item # 43 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 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Estimated Proceeds 9,890,845 4,236,574 5,931,202 10,400,159 10,691,363 10,990,721 11,298,462 11,614,819 11,940,033 12,274,354 12,618,036 12,971,341 7,778,481 14,127,419 118,508,973 Item # 43 Attachment number 4 Page 1 of 4 X f6 N ? 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O O M Lou N N C_ O O X d N N O C T ON N C C L r ? @D LL maa o L N 'O 0 Y (WD N U 2 6 L 9 Q Q O O O C a a o ON N y O N y a 0 LL o Q-O o (D C O N 6 (WD I Q T o o o E C O N O E 9 C a ( ? d0 ' O C N O (D OD C ? N (T O X Y o W 0 9 LL 0 Q C to U - ED O N o O O O Y O V OU N U .L.. O O N C 0 '(D C y O go O N L E `( O O !6 L Q }? 9 O O O Ln N O .L.. (6 ? o N.5 -a ?n in o E E N Y O C M 0 0 9 N to a N n O M N D f/1 T 47 0U m° ?a o rn L LL w w 2 O m o L - E C O 0 .U m N O .? O O Q U 0 N N a ( o 0 2 8 4(D o (D W l N E C o C Y o Y Y ? L O a O C w (6 C E U T U o o M m a m w0 'U T (D a E U) Co) t .V N 6 [) N O mw O N .t/1 O .C >>mo ? m o E C L ?aay o R(D E L o?rn?mYm U .C to !6 !6 U 0 9 N o +li C O Q LL ` (2 U U Q O 0 C 0 rp N o O E N 9 O o 0. C O :° C O E o m E o? a E a C Up 9 O O N N o C - N > U o m maw w 2 0 9U L L L L L a L O Z N M o LO (O a M O O O T a N a C w C N C O LL a a a? Q Item # 43 N d R Q .V x R ? W C d W o O U o N a ? R a) ?! ? 7 O c CL 0 °o R r a q .2 OL Vl Q_ w O f0 L O ? 2 G .c C ? N rn G CL d a N LL E d• -a y w W d x ? W C R R V O N_ Attachment number 4 Page 2 of 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '? 1O ( ? O ¢ M 3; V M r r o V LO M LO O O O LD LD O LD N N O CO V V CO O CO LO M V LO LO r O V r M O) M r O) V r 0 O O) CO O CO r O O) M N N V V M CO CO CO N CO V M V LO r r l O O „ z^ O N M O CO r m M- M N M O O V N r r V T o O h o O O O r (V O O O O Ln O O O M O O O o o- o Q O r r` W Ln N O O V LO LO LO O N O LO V V O r W W V r M OO 0 O N N V N (00 m 0 0 0- M 0 V V CO M N N V r r r W g 0 O 0. O N O O) CO V CO N r N CO V O) V CO V CO O) M f0 ry W V V N N O co V V V CO N LO M O) LO CO r G pj (o r.- N f0 M P O } LL w W r Q1 } LL w W r O E } LL w W O r n LL w L CO r O d LL 0 it O O ? LL Q O ?LL Q 7 O Q LL N 7 O Q LL ?o Q LL O 7 O Q LL O (O O (O M O) M O O M O) CO M O r O N C m m m CO LO M O) M 00 d• O r O O) t` W W CO M r M W N CO CO CO CO N V O O) O O O) N CO CO (0 N N LO N V CO CO 0 CO 0 M O M Cl ry ry N LO rl_ LD co N N M M M ^ C O ICI r? CO O N I? M 0 M CO 0 M 0 N CO M 0 m M CO V M ? lfl o N T co co ( O M l n I r LD O N M O CO r N O M M N O) CO r Ln O) M r 00 N N ( O M i OCO Co O) fO rl_ V NN rn? V T MLn?ON?N Co o oN CoM V r LD Co? (V v ^? N r co N t` i P o o f0 Co m r O) CO V o ,;T O N m m r V V m o N V CO V a O o O) O CO O N f0 c %i LO co LO LO V CO CO O) O) CO N CO O CO r m CO V r CO M M f0 N N V M M V T LO V M o N? O M O o -O M M N to 4 CO M CO o W co r LD N (V h N (D P oO LO M E M o o ll'l _ _ O r W CO m r m Co V V m m r V r V r N M O O ' o O O O N O O N O M N V M CO CO V o r CO CO N V m r o N N CO N V O) ll M l V N N m r N V -V N V- M?- N C O- 0 0 0 r,T Lb CO M CO M O M r V (O N Lrl v N O o V r W N f0 O P M Efl C (n N ' o a) -O L O O) O O W O O) O) O CO r CO O LO N M r O) CO O) O) O) r M N O) O V ll l Ln o Ln V O co CO LO V M o M o W O CO CO f0 Q O W N N r V N N V CO N V V M V M LO N o m O m o m r O W M N ? m w m CO O) CO r` O M O V o N ) j l Q N O Y C t` N fp P a C lo a) O ° M v d -o U o wm ° O m W CO N M o O O O N r W M r Ln r V M O O O O O W o O o ^ W M T a) o O LO O CO lfl f0 CO O) V O N M o O) V M M N I? VV (O V O) V LO LO V N N V V V CO N o m N m o CO c N O (O N C C a N N co Ln co (D ;T o M O - co C C O (D (D E Ui S a) -2 O CO LON V M?NLOO)LO V V rO)ONOr O? ry O O) o O) W W O O) O co O r r co M O co O O) O V co LO O Ln M CO r` co N O M M O M r o N V CO CO CO LO r O O b co Co o co M co (O V ET N Y N P O V V O m o V V CO m V ? o N I? M V m o m LO LO O) I? IC M r? OM l O M M M I V CO CO COrO V NmO0m V 02 0 0 O0 OO)ON W co LO M O co M r co r r N co CO o Co V o o M ry i Co Ln co N LO co O LO fp N ll'l p P Oo f0 co NCoo V M o V mo or Co Co Co V MoNOCO CO Mf0 ry OM O m M W V ?Co NLD V Nooommmmo V rn OO)O)NM co-- o m O M- M o M r r N M r V CO V LO CO O Oa co o Co N LO co O ll'l P P V O CO N M CO N 0 O O On N M O V N N W O) N V N O ( ry 00 (D CO ? t` CO O - M O O) V V M O O) (OI r` co A N - - O co - co o O co ? r o ? N V CO O) CO LO r CO t L° - o co O L° L° O h Co a) M co (O V O f0 N Lr P N M O) N V N CO M N V m CO CO N r o M r o CO M O CO N N M ;:: d• co r o CO O o O) , LD LD N r co LD N CO O V CO N V O o N co CO (D N N LD N V co - CO o CO o m O M O p LD M LD co N M R R O C 7 0 O r t` O O O 0 O O) LO CO O LO r CO V r CO 0 0 N r CO N f0 M (O O) I? 0 0 V N 0 V CO m 0 M O V N O) M I? O W p I U} LL O V V CO 0 CO N000)CO?CO V M LO?NN0)rr V (0 C! pp CO N LO M O) O > P .- 06 ? w o ? a w w a ? ) ? a L L L U R p d p o T U ° ° n M ami M 0 m N 0 R L m u, U m M o 2)2) M O Y T ) (n 9 rn a 0 0° 'p C M y! 0 O c _ O 9 9 m mU or0 m a) a o o `m M u o m m (L rll? U) m a M 0 0= o o O C M M M M M 0 C C C O a) (D E C C T a) a) C L O f/) 61 E a) 49 ` _ 0 0 0 o M° w M M° 2)a (r u, a s a) a s E-:5 °- M a ° 12 C ) E m m m m0 (D _EEy z O a ? l n in in int n?F--? r - 0 o -° o ? o .mo s a . - C U C . a . O V O CO N 0 X C .C E N W a E O C O N o c0 ' ) D ° t a - C C C f/) a) °- > `m ° M IAN a > 0 0 a a) Tj o?LO 0 ? 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M ° o m y w M M 2 f/) E C W O U_ o M Z C,) U 0 0 y M () T- a C 9 a) (n UC M M° ` Z O O O a) Q C O Q O y -O C 9 O J (6 a) a) U ?O N a) a o O C 75 (6 (D Q O a) a) °) a) M M - 2 E C Q O E Q o L (p O 0 N N O 0'9 p O C 2 Co C E O fl- M O O 5 C D m o C U B O O ?° a 9 w E( 0D D ° o M C0 f/) C U E a) a c o in o E Z m maw ? a> a ?? X O a) E o ) O W W W W W 0 L La o O M OW w o M M?? L m F M Z-it #43?o em V M O N LD O C a C) CO O (D C C) LL a M a C Q Attachment number 4 Page 3 of 4 a v M M CO O O N LO 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 0 0 o fC L N 7 N U N ? U w ? O N cC a u J (3 +?+ E O y C ++ ti 0 N °o U) c U ° d y ? ? L ? 7 a3 u! 7@ OL O C d ?' 0 0) .C 0) O N O A _ L Q L X W y C 6 (v (C N 'U ? U F) ^C 0 C N d _ ?D M R O CO r" N L2 CO R O CO O O O? 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N- ?aF mCOCOCO 7 ?Y-j2zOawwiininHH? ti z?NM Item # 43 T C a) a m C .LM 0 'IT 00 0 a) 0 O U LL a a Attachment number 4 Page 4 of 4 t U Ul O_ LL O O } LL m C T C O O_ E O U U (6 N N U1 C O C N X N N t t 3 m m U O O_ O O O N O M Q O M O O O N Q N LL C O N O t 7 (6 A C C N a A N a m m O V 00 N C O U LL a m a Item # 43 Attachment number 5 Page 1 of 31 PENNY FOR PINELLAS EXTENSION CITY OF CLEARWATER 2010-2020 #3 octottem Mb43 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 • Main Library • 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 • Morningside Recreation Center Replacement • Long Center Infrastructure Improvements Item # 43 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 # 43 Attachment number 5 Page 4 of 31 Penny for Pinellas Extension Approved City Council Projects 2010-2020 Page # Police Homicide Vehicle 150,000 1 Clearwater Beach Fire Station Renovation/Reconstruction 4,147,910 2 Lakeview Fire Station Renovation/Reconstruction 4,755,560 3 Countryside Fire Station Renovation/Reconstruction 4,648,460 4 Downtown Streetscaping 12,500,000 5 Highland Ave Widening - Union St to Sunset Point Rd 2,500,000 7 Bayshore Blvd Realignment North of Drew St 2,500,000 8 Downtown Parking 6,250,000 9 Coachman Park Redevelopment 5,000,000 10 Youth Sports Fields Renovations & Improvements 7,000,000 11 Neighborhood Parks Renovations & Improvements 5,000,000 12 Recreation Trails 3,000,000 13 Countryside Family Aquatics Center Development 2,500,000 15 Municipal Beach Parking Garage 12,500,000 16 City-wide Seawall Replacement 1,250,000 17 Countryside Branch Library Expansion & Renovation 6,250,000 18 East Branch Library Expansion & Renovation 6,250,000 19 Library Technology 1,250,000 20 New City Hall & Parking Garage 25,000,000 21 City-wide Wireless Mesh 3,125,000 22 Senior Facility 3,500,000 23 Ruth Eckerd Hall 4,000,000 24 Traffic Calming 5,000,000 26 New Sidewalk Construction 2,833,250 27 TOTAL 130,910,180 Item # 43 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 # 43 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 # 43 Attachment number 5 LAKEVIEW 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 # 43 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 # 43 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 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 5 Item # 43 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 # 43 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 # 43 Attachment number 5 BAYSHORE 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 # 43 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 # 43 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, Harbor-view 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." Harbor-view 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 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 is a Wonderful 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 # 43 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, Frank 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 FTE's). 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 is a Wonderful Place to Play" element of the City Council's Vision and the following related priorities: A Variety of Cultural and Recreational Offerings 11 Item # 43 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, Woodgate 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 FTE). 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 is a Wonderful Place to Play" element of the City Council's Vision and the following related priorities: A Variety of Cultural and Recreational Offerings 12 Item # 43 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 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 13 Item # 43 Attachment number 5 RECREATION TRAILS (continued) CITY COUNCIL'S VISION: This project also supports the "Clearwater is a Wonderful 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 # 43 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 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 is a Wonderful Place to Play" element of the City Council's Vision and the following related priorities: A Variety of Cultural and Recreational Offerings 15 Item # 43 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 # 43 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 # 43 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 Wonderful Place to Play" element of the City Council's Vision and the following related priority: A Variety of Cultural and Recreational Offerings 18 Item # 43 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 Wonderful Place to Play" element of the City Council's Vision and the following related priority: A Variety of Cultural and Recreational Offerings 19 Item # 43 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 Wonderful 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 # 43 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 # 43 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 # 43 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 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 is a Wonderful Place to Play" element of the City Council's Vision and the following related priorities: A Variety of Cultural and Recreational Offerings 23 Item # 43 Attachment number 5 RUTH ECKERD HALL SCOPE: The project 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 Wonderful Place to Play" element of the City Council's Vision and the following related priority: A Variety of Cultural and Recreational Offerings 24 Item # 43 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 # 43 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 Wonderful 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 # 43 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 # 43 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Attorney Evaluation SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 44 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Evaluation SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 45 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Meeting Date: 11/6/2008 Cover Memo Item # 46