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05/02/2011
WORK SESSION AGENDA Council Chambers - City Hall 5/2/2011 - 9:00 AM 1. Economic Development and Housing 1.1 Authorize the sale of the City of Clearwater's Voluntary Clean-up Tax Credits; approve the City of Clearwater to enter into a tax service agency agreement with Clocktower Tax Credits, LLC to manage the sale and transfer of ownership of the Voluntary Clean-up Tax Credits; transfer the proceeds to the Clearwater Community Redevelopment Agency and authorize the appropriate officials to execute same. (consent) Attachments 2. Financial Services 2.1 Ratify and confirm six liability claims arising from one occurrence in an amount of $158,798.67 and authorize the appropriate officials to execute same. (consent) Attachments 3. Gas System 3.1 Accept a Natural Gas Easement over, under, across and through a portion of Brooker Creek North, Plat Book 129, pages 74 through 78, Pinellas County, Florida, conveyed by H/A Partners, Ltd., a Florida limited partnership, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Attachments 4. Human Resources 4.1 Approve the restated plan document pertaining to the Nationwide Retirement Solutions 457 Governmental Plan and Trust Deferred Compensation Plan for City employees, updating the plan document in accordance with administrative changes as required by law and as recommended by Nationwide and authorize the appropriate officials to execute same. (consent) Attachments 5. Marine and Aviation 5.1 Amend Section 4.23 of the City of Clearwater Code of Ordinances, extending the hours of operation at the Clearwater Airpark from 7:00 a.m. till 11:00 p.m., and pass Ordinance 8258-11 on first reading. Attachments 5.2 Amend Joint Participation Agreement (AOU60) between the City of Clearwater and the State of Florida Department of Transportation to construct a new corporate hangar at the Clearwater Airpark authorizing supplemental number 3 in the amount of $125,000, authorize the appropriate officials to execute same and adopt Resolution 11-10. Attachments 5.3 Authorize additional funding under a new Joint Participation Agreement(AQ663), between the City of Clearwater and the State of Florida Department of Transportation to construct a new corporate hangar at the Clearwater Airpark with funding in the amount of $75,000, authorize the appropriate officials to execute same and adopt Resolution 11-11. Attachments 6. Engineering 6.1 Approve the applicant's request to partially vacate a non-exclusive easement for sidewalk, drainage, utilities, and for the parking of motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward Passage, as more particularly described in the ordinance, authorize the appropriate officials to execute same and pass Ordinance 8259-11 on first reading. Attachments 6.2 Approve First Amendment to the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Glen Oaks/Palmetto Reclaimed Water Project (N095) and authorize the appropriate officials to execute same. (consent) Attachments 7. Official Records and Legislative Services 7.1 Reappoint member to the Brownfields Advisory Board in the resident category with term to expire May 31, 2015. Attachments 7.2 Appoint one member to the Neighborhood and Affordable Housing Advisory Board with term to expire May 31, 2015. Attachments 8. Legal 8.1 Adopt Ordinance 8244-11 on second reading, amending the Firefighters' Supplementary Trust Fund to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 175, Florida Statutes. Attachments 8.2 Adopt Ordinance 8245-11 on second reading, amending the Police Officers' Supplementary Pension Trust Fund to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 185, Florida Statutes. Attachments 8.3 Adopt Ordinance 8260-11 on second reading, relating to Code of Ordinances Chapter 2, Administration, Article III, Appointed Authorities, Boards, Committees, Division 1; amending Section 2.061, Application of Article; Definitions, to provide for proof of residency. Attachments 9. City Manager Verbal Reports 9.1 City Manager Verbal Reports Attachments 10. Council Discussion Items 10.1 Low Income Senior Housing Tax Credit -Mayor Hibbard Attachments 11. Closing Comments by Mayor 12. Adjourn 13. Presentation(s) for Council Meeting 13.1 Children's Book Week Proclamation Attachments 13.2 National Public Works Week Proclamation Attachments 13.3 Relay for Life Proclamation 2 Attachments 13.4 Restaurant Week Proclamation Attachments Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the sale of the City of Clearwater's Voluntary Clean-up Tax Credits; approve the City of Clearwater to enter into a tax service agency agreement with Clocktower Tax Credits, LLC to manage the sale and transfer of ownership of the Voluntary Clean-up Tax Credits; transfer the proceeds to the Clearwater Community Redevelopment Agency and authorize the appropriate officials to execute same. (consent) SUMMARY: A tax credit is an economic incentive issued by a government agency to encourage private activity, typically investments, in economic development. The Florida Department of Environmental Protection (FDEP) issued these awards based on approved FDEP costs incurred for environmental remediation work at the Clearwater Automotive property, located at 205 S. Martin Luther King Avenue. The Voluntary Cleanup Tax Credits (VCTC) are in the form of four certificates received in fiscal years 2007, 2008, 2009 and 2011 for a cumulative total of $516,944.18. The original intent for the use of the VCTC was as an incentive for the redevelopment of the property. An interlocal agreement was executed on July 1, 2006 between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater. The purpose and intent of this Agreement is to provide a means by which the CRA and the City would exercise their respective powers and services in a manner that will best accord with the existing and anticipated resources available to meet specific expenses incurred for the environmental cleanup of the Clearwater Automotive Salvage Yard (project site). The CRA is the owner of the project site and incurred the expenses related to the tax credits issued. The CRA borrowed funds from the City's Brownfields Cleanup Revolving Loan Fund for this purpose. The VCTC have a one-time, transferable limitation and can be sold or allocated to outside investors subject to the conditions in Florida Statutes Section 220.1845. The City has a five-year time frame, from the issue date on the original certificate, to transfer the VCTC certificates to an entity that has a Florida corporate income tax liability. When a transfer occurs, the five-year clock restarts, the transferee will receive a certificate with a new issue date (date of transfer) and the transferee will have five years from that date to use the certificate. The certificate is not eligible to be sold once a new certificate is issued. As the original certificate deadline is nearing expiration, staff is recommending the sale of the four certificates together anticipating a higher rate of return. In addition, as the sale of tax credits is a specialized service, staff discussed with the FDEP the City's options. The FDEP provided a list of qualified vendors experienced with Florida's program. Because it is impractical to bid, the City received two bids from firms that are experienced with Florida's program. Staff is recommending Clocktower Tax Credits, LLC to manage the sale and transfer of the ownership of the VCTC given their experience and pricing structure. FDEP verified that in fiscal year 2010, Jeff Jacobson, President of Clocktower Tax Credits, Inc. successfully processed fourteen of the eighteen transactions they received. The cities of Orlando, St. Petersburg, Gainesville and the Jackson Electric Authority verified excellent service regarding the sale of VCTC with Jeff Jacobson. Clocktower's (Agency) services will include, but are not limited to: securing its client to purchase the VCTC, drafting all legal documents (purchase agreement between the City of Clearwater and purchaser and referral agreement between the City of Clearwater and Agency), file the required transfer documents and forms with the State of F16Mamand manage the transfer of funds from the purchaser to the City. Item # 1 Tax credit pricing is determined by the marketplace. Transferable tax credits are priced with a cents-per-dollar of credit purchase price. The current pricing being paid is $0.85 per dollar of each credit (takes into account the time value of money). The sale of the City's certificates will yield $439,402.55 at this price. Clocktower Tax Credits, LLC will refer its qualified Florida taxpayers to the City for an agency referral fee capped at $0.05 for each dollar of credit purchased by its client, or $25,847.21. The City would receive $0.80 per dollar of each credit estimated at $413,555.34. If VCTC certificates are sold above $0.85 per dollar, the Agency will pay the City the additional proceeds. Once the sale of the tax credits is completed, the proceeds will be transferred to the CRA to be used for redevelopment activities according to its original intent. Type: Other Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Costs will be paid for out of the sale of the VCTC certificates. Current Year Cost: $25,847.21 Annual Operating Cost: Not to Exceed: $25,847.21 Total Cost: $25,847.21 For Fiscal Year: 2010 to 2011 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 1 Attachment number 1 Page 1 of 2 Ryan ) February 28, 2011 Ms. Diane Hufford Economic Development Coordinator City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 Dear Ms. Hufford: 5251 DTC Parkway One DTC Suite 950 Greenwood Village, CO 80111 Tel. 720.524.0022 Fax 720.524.0651 www.ryanco.com Thank you very much for the opportunity to assist you in monetizing your Voluntary Clean-up Tax Credits for the City of Clearwater. Our services will focus on managing all aspects of the transfer of ownership of the Voluntary Clean-up Tax Credits. ENGAGEMENT SCOPE Ryan Tax Credit Services, LLC ("Ryan") will assist the City of Clearwater with monetizing its Voluntary Clean-up Tax Credits. Our services will include, but will not necessarily be limited to, the following: • Securing a Ryan client to purchase the Voluntary Clean-up Tax Credits • Drafting all legal documents: o Purchase agreement between City of Clearwater and purchaser o Referral agreement between City of Clearwater and Ryan • Filing all required transfer documents and forms with the state of Florida • Managing the transfer of funds from the purchaser to the City of Clearwater COMPENSATION The City of Clearwater will net at least $0.80 per dollar of each tax credit purchased. The City of Clearwater will pay Ryan $0.05 for each dollar of credits purchased by the Ryan client as a referral fee. If the Voluntary Clean-up Tax Credits are sold above $0.85 per dollar of each credit, Ryan and the City of Clearwater will evenly split the additional proceeds. Item # 1 Attachment number 1 Page 2 of 2 Ms. Diane Hufford City of Clearwater February 28, 2011 Page 2 INTEGRITY & CONFIDENTIALITY We guarantee that all matters associated with the professional services we render will be directed with the highest degree of professional integrity. Accordingly, all information that the City of Clearwater makes available to Ryan shall be considered confidential, proprietary information and Ryan shall not disclose such information to any third party except as required in fulfilling duties described by this Agreement or to comply with an official order of a court of law. We look forward to working with you. Please contact me at 720.524.0022 if you have questions. Regards, Lukas Krause Director Item # 1 Attachment number 2 Page 1 of 5 AGREEMENT This Agreement is made and entered into between the City of Clearwater, whose address is: Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the "City", and Clocktower Tax Credits, LLC, whose address is: 2 Clock Tower Place, Suite 295, Maynard, MA 02174, together with its broker-dealer, Northeast Securities, Inc., whose address is: Suite 706, 333 Earle Ovington Blvd., Mitchel Field, NY 11553, hereafter collectively referred to as "Agent". The parties agree as follows: 1. SCOPE OF PROJECT. Agent agrees to act as the exclusive agent for the City to offer and sell interests in the City's state tax credits as follows: 1. Tax Credits. State of Florida Brownfield Voluntary Cleanup Tax Credits, which were and will be received in fiscal years 2007, 2008, 2009 and 2012 in a cumulative amount of up to $516,944.18 in conjunction with environmental remediation work at the Clearwater Automotive property located at 205 South Martin Luther King Avenue in Clearwater, Florida (the "Project"). The tax credits are in the form of four Certificates issued or to be issued by the Florida Department of Environmental Protection (the "Tax Credits") as shown below. These Tax Credits are controlled by, and the interests will be sold by, the City. Year of Certificate Project Site Tax Credit Amount 2007 Clearwater Automotive $96,360.08 2008 Clearwater Automotive $64,774.37 2009 Clearwater Automotive $184,264.14 2012 Clearwater Automotive $171,545.59 Total $516,944.18 2. TERM. This Agreement ("Agreement") shall begin on the effective date shown below and will continue for six months (other than with respect to its provisions which survive a termination). After this, the parties may extend this Agreement for an additional 90 days by mutual written agreement. 3. SERVICES. Agent will use best efforts to market the Tax Credits to accredited investors, and to present the City with offers or letters of interest to invest in or purchase the Tax Credit interests. The City has the right to reject any investment proposal for any or no reason without any financial obligation to Agent. 4. COMPENSATION. The City will pay the Agent a fee of $0.05 per dollar of Tax Credits sold to any investor from whom the Agent has procured an offer or letter of interest that yields at least $0.80 per dollar of Tax Credits to the City after the Agent's fee of $0.05 per dollar of Tax Credits has been paid in full. Agent's fee shall be $0.05 per dollar of Tax Credits sold, regardless of the gross purchase price. The City will pay Page 1 of 5 Item # 1 Attachment number 2 Page 2 of 5 Agent immediately upon the City's receipt of the gross proceeds of the transaction. Each Certificate, if sold separately, shall constitute a transaction under this Section 4. Such obligation shall survive any transfer of the Tax Credits or of the City's interest, or if the sale proceeds are received by some entity other than the City. This fee may also be paid to the Agent directly by the Purchaser, an Escrow Agent or other intermediary holding such funds, if such parties so agree in writing. The City acknowledges the value of the investor relationships that the Agent shares with the City by presenting to the City a letter of interest or offer to purchase by any such investor. The City agrees not to solicit, directly or indirectly, any such investor. The City further agrees to compensate the Agent for any tax credit transaction that the City closes on with any such investor for four years from the termination of this Agreement. The compensation will be at the same rate as that used here. 5. MAINTENANCE OF FINANCIAL RECORDS. All records created pursuant to this Agreement are to be retained and maintained by Agent for a period not less than three (3) years from the end of the Agreement. 6. CITY LIAISON. Rod Irwin, Assistant City Manager, will serve as the City liaison for Agent. 7. DISCLAIMER OF WARRANTIES. This Agreement constitutes the entire understanding between the parties on the subject hereof and may not be changed, modified, or discharged except by written amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. 8. TERMINATION. For Cause: Upon breach of this Agreement by a party, the other party will give written notice of termination of this Agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within 14 days from the receipt of said notice, then the contract will terminate 30 days from receipt of the written notice to terminate. 9. INDEMNIFICATIONS. Subject to the limits of §768.28, Florida Statutes, the City and Agent agree to indemnify, defend and hold harmless each other and each other's officers, directors, partners, controlled partnerships, representatives and agents against losses, claims, damages or liabilities to which each such person may be subject insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement, action, or omission by the other party of a material fact or the omission to state a material fact required to be stated. This indemnity shall include reimbursement of any legal or other expenses reasonably incurred in connection with investigating or defending any such loss, claim, damage, liability or action, and shall be paid as such expenses are incurred. Page 2 of 5 Item # 1 Attachment number 2 Page 3 of 5 10. ARBITRATION. It is agreed that any dispute, controversy or question arising under this Agreement shall be referred for decision by binding arbitration by a panel of three arbitrators selected by the parties. The proceeding shall be held in Florida and the proceeding shall be governed by the Rules of the American Arbitration Association then in effect or such rules last in effect (in the event such Association is no longer in existence). The costs of the arbitration will be borne by the parties equally. If the parties are unable to agree upon arbitrators within thirty (30) days after either party has given the other party written notice of its desire to submit the dispute, controversy or question for decision, if such Association is not then in existence or does not desire to act in the matter, each party shall appoint an arbitrator of its choice. The appointed arbitrators will select a third arbitrator to hear the parties and settle the dispute, controversy or question. Each party shall bear the costs of its own arbitrator, and the costs of the third arbitrator shall be borne equally. Any administrative fees or costs associated with the arbitration proceeding shall be borne equally by the parties. Arbitration shall be the exclusive remedy for the settlement of disputes arising under this Agreement. The decision of the arbitrator(s) shall be final, conclusive and binding, and no action at law or in equity may be instituted by either party other than to enforce the award of the arbitrator(s). 11. AUTHORITY. It is understood that Agent is an independent contractor and that nothing herein shall be construed as creating a relationship of partners, joint venturers, employer and employee or any other relationship between City and Agent. 12. CONFIDENTIAL INFORMATION. Except as otherwise required by Florida Public Records Law, F.S.119 et. seq., the City agrees that the identity, investment criteria, and any other information that Agent or the investor discloses to City concerning an investor constitutes confidential information (the "Confidential Information"), and City hereby agrees not disclose any Confidential Information to any third party without prior written consent of Agent. 13. NOTICES. All written notices shall be sent to each party at the following addresses: To Agent, at: Mr. Jeff Jacobson Clocktower Tax Credits, LLC 2 Clock Tower Place, Suite 295 Maynard, MA 01754 ccoson CloctoerTC.co Page 3 of 5 Item # 1 Attachment number 2 Page 4 of 5 with a copy to: Pamela K. Akin, City Attorney 112 S. Osceola Ave., Third Floor Clearwater, FL 33756 All fees paid under this Agreement shall be paid to, and mailed or wired to: Northeast Securities Inc. 333 Earle Ovington Blvd., Suite 706 Mitchel Field, NY 11553 Attn: Accounting 14. SUCCESSORS AND ASSIGNS. This Agreement will inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto; provided that neither party may assign its rights or delegate its duties to any other person or entity without the prior written consent of the other party, which consent the other party may give or withhold in its absolute discretion. 14. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be considered one and the same original. 15. APPLICABLE LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Agent consents to the exclusive jurisdiction of Florida courts with respect to all legal proceedings instituted by Agent or City hereunder. Venue shall be exclusively in Pinellas County, Florida. If any provisions of this Agreement shall be held invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected, and, to such extent, the provisions of this Agreement shall be severable. 16. EFFECTIVE DATE 2011. The Effective Date of this Agreement shall be the day of , IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the dates indicated below. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor By: Page 4 of 5 William B. Horne II City Manager Item # 1 Attachment number 2 Page 5 of 5 Approved as to form: Pamela K. Akin City Attorney CLOCKTOWER TAX CREDITS, LLC By: Jeff Jacobson Date: Attest: Rosemarie Call City Clerk NORTHEAST SECURITIES, INC. By: Page 5 of 5 Stephen Perrone Item # 1 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm six liability claims arising from one occurrence in an amount of $158,798.67 and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 3, 2010, three homes suffered a sewer water backup during a sewer re-construction project. A contractor was cleaning the lines by using water pressure to push a cleaning device through the line. During the process, a significant amount of sewer water entered the three home's plumbing system causing significant damage to the contents and interiors of these homes. Due to the nature of the damages and the need for immediate repairs to restore occupancy of the homes, the City has settled with and obtained releases on all claims. The City will pursue a reimbursement claim against the contractor. Joanne Wheaton $74,555.25 Carol Kirtley 50,256.95 Ronald Patella 12,698.14 Others (3) 21,288.33 $158,798.67 The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000 per claim or a total of $200,000 for all claims resulting from one incident. The City's Risk Management Division and Claims Committee recommend this ratification and confirmation. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $158,798.67 10/1/2010 to 9/30/2011 Budget Adjustment: None Annual Operating Cost: $158,798.67 Total Cost: $158,798.67 Appropriation Code Amount Appropriation Comment Cover Memo 590-07000-545900-519- $158,798.67 Item # 2 000 Review Approval: 1) Office of Management and Budget 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Natural Gas Easement over, under, across and through a portion of Brooker Creek North, Plat Book 129, pages 74 through 78, Pinellas County, Florida, conveyed by H/A Partners, Ltd., a Florida limited partnership, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: H/A Partners, Ltd (Grantor) has granted a 10-foot wide natural gas easement along Brooker Creek Boulevard, which is a privately-owned roadway, for the installation of a natural gas main. The main extension will serve MicroLumen Enterprises LLC, located in Brooker Creek North, Lot 5, Oldsmar, FL. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 & 6 ( rr i [ ? , I i ? "I t ? ,I ,,,t , ?t;it111.? I Y._l 1 icipal I_ i_ (ill, Wit:m 1 A: NNA11 RF'A6, (. fee Arn °??rtztirl real 1-,,v . n% v hin On con'linc Ioniner_ . nuronl P?II'WH i !;lv`I.c^r Oeek M?rl. k - `,Ii,' ,_z.n1sd1-; and 1111f 1:1 ?ti u_ n „ M, tl w 0 "'1. facilities s?itl I lined be[ ? - i.i rto `It Qih .M, -iii i-. , ted on 1_(YF r"i{r.?i )I i? I' II I i;;?,?1r?dO tc?Ok Natthereo?tasrcc???;d . P:,???. F??, I. 129, 1Up C, ii ()fl'inellas ?- otrnty, F'(,ricla and W11I R I i j: a ? has agmed to A knv the in i, i I I ?i?fl Of`SUCh CaciIhjC , within the I i v ith the tents and c°cl edition {'this Easement:. "ti0?'1'4','IIII ltiIV I)My i?K p Qhe Ice ai 1 i C i. 'S lei w In Item # 3 Attachment number 1 Page 2 of 6 perform installations and repairs without removing said surface improvement. This may require a directional bore or other contractor suggested and owner approved method. 2. Grantee by acceptance hereof, agrees to construct, repair and maintain, at its sole cost and expense, the Facilities which shall comply with all applicable rules and regulations. In the event Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any improvements, including landscaping and related irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities. 3. The Grantor shall have and retains the right to construct improvements on, maintain and utilize the Easement Area (including, but not limited to, the construction of all buildings, driveways, parking areas, landscaping and related improvements) provided such construction does not unreasonably impair Grantee's access to the Easement Area or Grantee's ability to repair, replace and service the Facilities within the Easement Area. 4. Nothing herein shall create or be construed to create any rights in or for the benefit of the general public in or to the Easement Area. 5. This Easement shall not be changed, altered or amended except by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this Easement. 6. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Grantor or Grantee, as the case may be, and their respective successors and assigns. Grantee, to the extent allowed by Florida Statute 768.28, agrees to indemnify and hold Grantor harmless from claims for personal injuries, death or property damage and any and all losses, liens, damages, charges or expenses, including attorneys fees, which arise out of, in connection with, or by reason of the use or occupancy of the easement by Grantee other than those arising from the negligence of the Grantor. 7. This Easement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Upon the installation of the Facilities, Grantee as its sole cost and expense shall promptly obtain a legal description and sketch of the actual Easement Area prepared by a licensed Florida land surveyor which such information shall replace the attached Exhibit "A" and shall be recorded in the form of an amendment to this Easement. In the event Grantee fails to promptly provide such information, Grantor may obtain the same and Grantee shall be responsible for reimbursing Grantor the costs associated therewith. 0005723N I 10299U330959W Item # 3 Attachment number 1 Page 3 of 6 IN WITNESS WHEREOF, the undersigned with fully authority to do so, has caused this Easement to be executed as of the date and year first set forth above. Signed, sealed and delivered in the presence of: IVA Partners, Ltd., a Florida limited partnership Print, ,.,,., ....1.,....,_ Print e: eff4 STATE OF FLORIDA ) )ss: COUNTY OFD: By: Harrod Properties, Inc,, a Florida corporation, its sole general partner IPrint NAR36: G? its. y to LI/ ACKNOWLEDGMENT On this day of 0ahuO,r 2011, before me, the undersigned notary public, personally appeared 0 V- W- lid r r as CEO _ (ti le) of Harrod Properties, Inc., a Florida corporation, the sole general partner of H/A Partners, Ltd., a Florida limited partnership, personally known to me to be the person who subscribed to the foregoing instrument or who has produced R\-1 rrl? , as identification, and. acknowledged that he/she executed the same, for the purposes stated therein with due authority to do so. IN WITNESS WHEREOF, I hereunto set my hand and official Wal. 1 FEBQRAH LYNN BOYER :_•: ?"e M" ..C1MMIS510N # d0863325 `.r Ii?ES May 26.2013 ' ?ouduNW SurACa.com {407) 388.0 t 03}0572311102991133095914 NOTARY PUBLIC!! STATE OF FLORIDA Print Name: De bona ?L ? n n ? cv- Commission No.: 18(D 33 My Commission Expires: S 1o 3 3 Item # 3 Attachment number 1 Page 4 of 6 Exhibit "A" Easement Area 000$7231!102991133095914 Item # 3 Attachment number 1 Fw? Attachment number 1 -- -,n Pa e 6 of 6 rIv G} ? k3 ??? ? k { 4., 1 j J( __ -»_.....-... I ? ? l? r E U i u __ . J Item # 3 __ .... Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the restated plan document pertaining to the Nationwide Retirement Solutions 457 Governmental Plan and Trust Deferred Compensation Plan for City employees, updating the plan document in accordance with administrative changes as required by law and as recommended by Nationwide and authorize the appropriate officials to execute same. (consent) SUMMARY: The City is currently contracted with Nationwide Retirement Solutions as one of two providers for the City's 457 Deferred Compensation Plan, a voluntary individual retirement account plan funded by plan participants with no contributions from the City. This restated plan document pertaining to the Nationwide 457 Governmental Plan and Trust provides for updating of the plan provisions in accordance with changes required by various legislation including final regulations issued under Section 415 of the Internal Revenue Code; the Pension Protection Act (PPA); the Heroes Earnings Assistance and Relief Tax (HEART) Act; The Worker, Retiree, and Employer Recovery Act (WRERA); as well as changes recommended by Nationwide to facilitate administration of the plan. Because the plan is funded solely by the participants, there is no financial impact to the City resulting from these changes. All changes to the plan document recommended by Nationwide have been reviewed and approved by City staff and the City's benefits consultant the Gehring Group. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 21 (Name ofEmployer) DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES 457 GOVERNMENTAL PLAN AND TRUST Document provided as a courtesy of: Nationwiee dRetirement Sviultions On Your Side Item # 4 Attachment number 1 Page 2 of 21 457 Governmental Plan and Trust 457 GOVERNMENTAL PLAN AND TRUST The Employer adopts this 457 Governmental Plan and Trust. The Plan is intended to be an "eligible deferred compensation plan" as defined in Code §457(b) of the Internal Revenue Code of 1986 ("Eligible 457 Plan"). The Plan consists of the provisions set forth in this plan document and is applicable to the Employer and each Employee who elects to participate in the Plan. If the Employer adopts this Plan as a restated Plan in substitution for, and in amendment of, an existing plan, the provisions of this Plan, as a restated Plan, apply solely to an Employee on or after the execution of this Plan. The Plan is effective as to each Employee upon the date he/she becomes a Participant by entering into and filing with the Employer or the Administrative Services Provider a Participation Agreement or an Acknowledgement Form/Card. ARTICLE I DEFINITIONS 1.06 "Code" means the Internal Revenue Code of 1986, as amended. 1.07 "Compensation" for purposes of allocating Deferral Contributions means the employee's wages, salaries, fees for professional services, and other amounts received without regard to whether or not an amount is paid in cash for personal services actually rendered in the course of employment with the Employer, to the extent that the amounts are includible in gross income (or to the extent amount would have been received and includible in gross income but for an election under Code §§ 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), and 457(b), including an election to defer Compensation under Article III. See Section 1.16 as to Compensation for an Independent Contractor. Compensation also includes any amount that the Internal Revenue Service in published guidance declares to constitute compensation for purposes of an Eligible 457 Plan. 1.01 "Account" means the separate Account(s) which the Administrative Services Provider or the Trustee maintains under the Plan for a Participant's Deferred Compensation. The Administrative Services Provider or Trustee may establish separate Accounts for multiple Beneficiaries of a Participant to facilitate required minimum distributions under Section 4.03 based on each Beneficiary's life expectancy. 1.02 "Accounting Date" means the last day of the Plan Year. 1.03 "Acknowledgement Form/Card" means the application to the Administrative Services Provider to participate in the Plan when the Plan is a Social Security replacement plan. 1.04 "Administrative Services Provider" means Nationwide Retirement Solutions, Inc. which acts as the third party administrative services provider appointed by the Employer to carry out nondiscretionary administrative functions for the Plan. 1.05 "Beneficiary" means a person who the Plan or a Participant designates and who is or may become entitled to a Participant's Account upon the Participant's death. A Beneficiary who becomes entitled to a benefit under the Plan remains a Beneficiary under the Plan until the Beneficiary has received full distribution of his/her Plan benefit. A Beneficiary's right to (and the Administrative Services Provider's or a Trustee's duty to provide to the Beneficiary) information or data concerning the Plan does not arise until the Beneficiary first becomes entitled to receive a benefit under the Plan. (A) Elective Contributions. Compensation under Section 1.07 includes Elective Contributions. "Elective Contributions" are amounts excludible from the Employee's gross income under Code §§125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), 408(p) or 457, and contributed by the Employer, at the Employee's election, to a cafeteria plan, a qualified transportation fringe benefit plan, a 401(k) arrangement, a SARSEP, a tax-sheltered annuity, a SIMPLE plan or a Code § 457 plan. (B) Differential wage payments. For years beginning after December 31, 2008, (i) an individual receiving a differential wage payment, as defined by Code § 3401(h)(2), shall be treated as an employee of the employer making the payment; (ii) the differential wage payment shall be treated as compensation; and (iii) the plan will not be treated as failing to meet the requirements of any provision described in Code §414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment. 1.08 "Deferral Contributions" means Salary Reduction Contributions, Nonelective Contributions and Matching Contributions. The Employer or the Administrative Services Provider (if applicable) in applying the Code § 457(b) limit will take into account Deferral Contributions in the Taxable Year in which deferred. The Employer or Administrative Services Provider (if applicable) in determining the amount of a Participant's Deferral Contributions disregards the net income, gain and loss attributable to Deferral Contributions. 1.09 "Deferred Compensation" means as to a Participant the amount of Deferral Contributions, © Copyright 2010 SunGard Iterm# 14 Attachment number 1 Page 3 of 21 457 Governmental Plan and Trust Rollover Contributions and Transfers adjusted for allocable net income, gain or loss, in the Participant's Account. 1.10 "Effective Date" of this Plan is the date indicated on the execution line unless the Code, Treasury regulations, or other applicable guidance provides otherwise. 1.11 "Employee" means an individual who provides services for the Employer, as a common law employee of the Employer. See Section 1.16 regarding potential treatment of an Independent Contractor as an Employee. 1.12 "Employer" means an employer who adopts this Plan by executing the Plan. 1.13 "Employer Contribution" means Nonelective Contributions or Matching Contributions. 1.14 "Excess Deferrals" means Deferral Contributions to an Eligible 457 Plan for a Participant that exceed the Taxable Year maximum limitation of Code §§457(b) and (e)(18). 1.19 "Nonelective Contribution" means an Employer fixed or discretionary contribution not made as a result of a Participation Agreement and which is not a Matching Contribution. The Employer may provide for nonelective contributions. 1.20 "Normal Retirement Age" means the age designated by the Participant unless the Employer designates in writing a Normal Retirement Age. The Normal Retirement Age designated by the Participant or Employer shall be no earlier than age 65 or the age at which Participants have the right to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age. The Normal Retirement Age also shall not exceed age 70'/2. Special Rule for Eligible Plans of Qualifies' Police or Firefighters. A Participant who is a qualified police officer or firefighter as defined under Code §415(b)(2)(H)(ii)(I) may designate a Normal Retirement Age between age 40 and age 70'/2. 1.15 "Includible Compensation" means, for the Employee's Taxable Year, the Employee's total Compensation within the meaning of Code § 415(c)(3) paid to an Employee for services rendered to the Employer. Includible Compensation includes Deferral Contributions under the Plan, compensation deferred under any other plan described in Code §457, and any amount excludible from the Employee's gross income under Code §§401(k), 403(b), 125 or 1320(4) or any other amount excludible from the Employee's gross income for Federal income tax purposes. The Employer will determine Includible Compensation without regard to community property laws. 1.16 "Independent Contractor" means any individual who performs service for the Employer and who the Employer does not treat as an Employee or a Leased Employee. The Employer may permit Independent Contractors to participate in the Plan. To the extent that the Employer permits Independent Contractor participation, references to Employee in the Plan include Independent Contractors and Compensation means the amounts the Employer pays to the Independent Contractor for services. 1.17 "Leased Employee" means an Employee within the meaning of Code § 414(n). 1.18 "Matching Contribution" means an Employer fixed or discretionary contribution made or forfeiture allocated on account of Salary Reduction Contributions. The Employer may provide for matching contributions. 1.21 "Participant" is an Employee who elects to participate in the Plan in accordance with the provisions of Section 2.01 or an individual who has previously deferred Compensation under the Plan by a Participation Agreement and has not received a complete distribution of his/her Account. 1.22 "Participation Agreement" means the agreement to enroll and participate in the Plan that is completed by the Participant and provided to the Administrative Services Provider. The Participation Agreement is the agreement, by which the Employer reduces the Participant's Compensation for contribution to the Participant's Account. 1.23 "Plan" means the 457 plan established or continued by the Employer in the form of this Plan and (if applicable) Trust Agreement. All section references within the Plan are Plan section references unless the context clearly indicates otherwise. 1.24 "Plan Entry Date" means the date on which an Employee completes and files a Participation Agreement with the Administrative Services Provider. 1.25 "Plan Year" means the calendar year. 1.26 "Rollover Contribution" means the amount of cash or property which an eligible retirement plan described in Code §402(c)(8)(B) distributes to an eligible Employee or to a Participant in an eligible rollover distribution under Code §402(c)(4) and which the eligible Employee or Participant transfers directly or indirectly to an 2 vlo Item # 4 Attachment number 1 Page 4 of 21 457 Governmental Plan and Trust Eligible 457 Plan. A Rollover Contribution includes net income, gain or loss attributable to the Rollover Contribution. A Rollover Contribution excludes after-tax Employee contributions, as adjusted for net income, gain or loss. 1.27 "Salary Reduction Contribution" means a contribution the Employer makes to the Plan pursuant to a Participation Agreement. 1.28 "Service" means any period of time the Employee is in the employ of the Employer. In the case of an Independent Contractor, Service means any period of time the Independent Contractor performs services for the Employer on an independent contractor basis. An Employee or Independent Contractor terminates Service upon incurring a Severance from Employment. (A) Qualified Military Service. Service includes any qualified military service the Plan must credit for contributions and benefits in order to satisfy the crediting of Service requirements of Code §414(u). A Participant whose employment is interrupted by qualified military service under Code §414(u) or who is on a leave of absence for qualified military service under Code §414(u) may elect to make additional Salary Reduction Contributions upon resumption of employment with the Employer equal to the maximum Deferral Contributions that the Participant could have elected during that period if the Participant's employment with the Employer had continued (at the same level of Compensation) without the interruption of leave, reduced by the Deferral Contributions, if any, actually made for the Participant during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). The Employer shall make appropriate make- up Nonelective Contributions and Matching Contributions for such a Participant as required under Code §414(u). The Plan shall apply limitations of Article III to all Deferral Contributions under this paragraph with respect to the year to which the Deferral Contribution relates. (B) "Continuous Service" means Service with the Employer during which the Employee does not incur a Severance from Employment. (2) Independent Contractor. An Independent Contractor has a Severance from Employment when the contract(s) under which the Independent Contractor performs services for the Employer expires (or otherwise terminates), unless the Employer anticipates a renewal of the contractual relationship or the Independent Contractor becoming an Employee. The Employer anticipates renewal if it intends to contract for the services provided under the expired contract and neither the Employer nor the Independent Contractor has eliminated the Independent Contractor as a potential provider of such services under the new contract. Further, the Employer intends to contract for services conditioned only upon the Employer's need for the services provided under the expired contract or the Employer's availability of funds. Notwithstanding the preceding provisions of this Section 1.28, the Administrative Services Provider will consider an Independent Contractor to have incurred a Severance from Employment: (a) if the Administrative Services Provider or Trustee will not pay any Deferred Compensation to an Independent Contractor who is a Participant before a date which is at least twelve months after the expiration of the Independent Contractor's contract (or the last to expire of such contracts) to render Services to the Employer; and (b) if before the applicable twelve-month payment date, the Independent Contractor performs Service as an Independent Contractor or as an Employee, the Administrative Services Provider or Trustee will not pay to the Independent Contractor his/her Deferred Compensation on the applicable date. (3) Uniformed Services. for purposes of distributions to an individual in the uniformed services, such individual will be treated as incurring a Severance from Employment during any period the individual is performing service in the uniformed services described in Code § 3401(h)(2)(A). However, the plan will not distribute the benefit to such an individual without that individual's consent, so long as the individual is receiving differential wage payments. If an individual elects to receive a distribution under this provision, the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution. (C) "Severance from Employment." (1) Employee. An Employee has a Severance from Employment when the Employee ceases to be an Employee of the Employer. A Participant does not incur a Severance from Employment if, in connection with a change in employment, the Participant's new employer continues or assumes sponsorship of the Plan or accepts a Transfer of Plan assets as to the Participant. 1.29 "State" means (a) one of the 50 states of the United States or the District of Columbia, or (b) a political subdivision of a State, or any agency or instrumentality of a State or its political subdivision. A State does not include the federal government or any agency or instrumentality thereof. 1.30 "Taxable Year" means the calendar year or other taxable year of a Participant. © Copyright 2010SunGard Iterm#34 Attachment number 1 Page 5 of 21 457 Governmental Plan and Trust 1.31 "Transfer" means a transfer of Eligible 457 Plan assets to another Eligible 457 Plan which is not a Rollover Contribution and which is made in accordance with Section 9.03. 1.32 "Trust" means the Trust created under the adopting Employer's Plan. The Trust created and established under the adopting Employer's Plan is a separate Trust, independent of the trust of any other Employer adopting this Eligible 457 Plan and is subject to Article VIII. 1.33 "Trustee" means the person or persons designated by the Employer to serve in the position of Trustee. the Administrative Services Provider an Acknowledgement Form/Card and thereby consent to a reduction of salary by the amount of the Deferral Contribution specified in the Acknowledgement Form/Card. Allocations to the Participant's Account must equal at least 7.5% of the Participant's Compensation or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(F) and Treas. Reg. §31.3121(b)(7)-2, and the reduction in the Participant's salary shall begin no earlier than the first pay period commencing during the first month after the date on which the Acknowledgement Form/Card is filed with the Administrative Services Provider. ARTICLE II PARTICIPATION IN PLAN 2.01 ELIGIBILITY. Each Employee becomes a Participant in the Plan as soon as he/she completes and files a Participation Agreement. If this Plan is a restated Plan, each Employee who was a Participant in the Plan on the day before the Effective Date continues as a Participant in the Plan. 2.02 PARTICIPATION UPON RE- EMPLOYMENT. A Participant who incurs a Severance from Employment will re-enter the Plan as a Participant on the date of his/her re-employment. 2.03 SPECIAL ELIGIBILITY PROVISIONS FOR PARTICIPANTS IN A PLAN USED AS A SOCIAL SECURITY REPLACEMENT PLAN. Notwithstanding any provision to the contrary, the provisions of this Section 2.03 will apply if the Employer elects in a written agreement with the Administrative Services Provider to use the Plan as a Social Security replacement plan. If the Plan is used as a Social Security replacement plan, the provisions of Sections 4.05(a) and 5.03 will not apply. (A) Eligibility to participate for new Employees. A new Employee shall, as a condition of employment participate in the Plan sign and file with the Administrative Services Provider an Acknowledgement Form/Card and thereby consenting to a reduction of salary by the amount of the Deferral Contribution specified in the Acknowledgement Form/Card. Contributions to the Participant's Account must equal at least 7.5% of the Participant's Compensation, or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(F) and Treas. Reg. 31.3121(b)(7)-2, and the reduction in the Participant's salary shall begin immediately thereafter. (B) Eligibility to participate for current Employees. An Employee who is newly eligible to participate in the Plan shall, prior to becoming eligible to participate in the Plan, sign and file with (C) Takeover Plans. If the Plan is a restated Plan, an Employee who participated in the predecessor plan shall become a Participant in the Plan upon the Employer's execution of the enabling documents for this Plan. Allocations to each such Participant's Account must equal at least 7.5% of the Participant's Compensation, or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(F) and Treas. Reg. §31.3121(b)(7)-2, and the reduction in the Participant's salary shall begin immediately thereafter. ARTICLE III DEFERRAL CONTRIBUTIONS/LIMITATIONS 3.01 AMOUNT. (A) Contribution Formula. For each Plan Year, the Employer will contribute to the Plan the amount of Deferral Contributions the Employee elects to defer under the Plan. (B) Return of Contributions. The Employer contributes to this Plan on the condition its contribution is not due to a mistake of fact. If any Participant Salary Reduction Contribution is due to a mistake of fact, the Employer or the Trustee upon written request from the Employer will return the Participant's contribution (adjusted for net income, gain or loss), within one year after payment of the contribution. The Trustee may require the Employer to furnish it whatever evidence the Trustee deems necessary to enable the Trustee to confirm the amount the Employer has requested be returned is properly returnable. (C) Time of Payment of Contribution. An Employer will deposit Salary Reduction Contributions to the Trust within a period that is not longer than is reasonable for the administration of Participant Accounts. Neither the Administrative Services Provider nor the Trustee is responsible for 4 vlo Item # 4 Attachment number 1 Page 6 of 21 457 Governmental Plan and Trust the delay of deposits of Salary Reduction Contributions caused by the Employer. 3.02 SALARY REDUCTION CONTRIBU- TIONS. The Plan does not apply any limitations on Salary Reduction Contributions other than the limitations applicable under the Code. (A) Deferral from Sick, Vacation and Back Pay. Participants may make Salary Reduction Contributions from accumulated sick pay, from accumulated vacation pay or from back pay. (B) Application to Leave of Absence and Disability. The Participation Agreement will continue to apply during the Participant's leave of absence or the Participant's disability (as the Employer shall establish), if the Participant has Compensation other than imputed compensation or disability benefits. (C) Post-severance deferrals limited to Post- Severance Compensation. Deferral Contributions are permitted from an amount received following Severance from Employment only if the amount is Post-Severance Compensation. Post-Severance Compensation defined. Post- Severance Compensation includes the amounts described in (1) and (2) below, paid after a Participant's Severance from Employment with the Employer, but only to the extent such amounts are paid by the later of 2'/2 months after Severance from Employment or the end of the calendar year that includes the date of such Severance from Employment. (1) Regular pay. Post-Severance Compensation inelud'es regular pay after Severance of Employment if. (i) the payment is regular compensation for services during the Participant's regular working hours, or compensation for services outside the Participant's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar payments; and (ii) the payment would have been paid to the Participant prior to a Severance from Employment if the Participant had continued in employment with the Employer. (2) Leave cashouts. Post-Severance Compensation inelud'es leave cashouts if those amounts would have been included in the definition of Compensation if they were paid prior to the Participant's Severance from Employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the Participant would have been able to use the leave if employment had continued. (3) Salary continuation payments for military service Participants. Post-Severance Compensation includes payments to an individual who does not currently perform services for the Employer by reason of Qualified Military Service (as described in Code §414(u)(1)) to the extent those payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering Qualified Military Service. Limitation on Post-Severance Compensation. Any payment of Compensation paid after Severance of Employment that is not described in Section 3.02(C)(1) or 3.02(C)(2) is not Post-Severance Compensation, even if payment is made by the later of 2'/2 months after Severance from Employment or by the end of the calendar year that includes the date of such Severance of Employment. 3.03 NORMAL LIMITATION. Except as provided in Sections 3.04 and 3.05, a Participant's maximum Deferral Contributions (excluding Rollover Contributions and Transfers) under this Plan for a Taxable Year may not exceed the lesser of: (a) The applicable dollar amount as specified under Code §457(e)(15) (or, beginning January 1, 2006) such larger amount as the Commissioner of the Internal Revenue may prescribe), or (b) 100% of the Participant's Includible Compensation for the Taxable Year. 3.04 NORMAL RETIREMENT AGE CATCH-UP CONTRIBUTION. For one or more of the Participant's last three Taxable Years ending before the Taxable Year in which the Participant attains Normal Retirement Age, the Participant's maximum Deferral Contributions may not exceed the lesser of: (a) Twice the dollar amount under Section 3.03 normal limitation, or (b) the underutilized limitation. (A) Underutilized Limitation. A Participant's underutilized limitation is equal to the sum of. (i) the normal limitation for the Taxable Year, and (ii) the normal limitation for each of the prior Taxable Years of the Participant commencing after 1978 during which the Participant was eligible to participate in the Plan and the Participant's Deferral Contributions were subject to the normal limitation or any other Code § 457(b) limit, less the amount of Deferral Contributions for each such prior Taxable Year, excluding age 50 catch-up contributions. (B) Multiple 457 Plans. If the Employer maintains more than one Eligible 457 Plan, the Plans may not permit any Participant to have more than one Normal Retirement Age under the Plans. © Copyright 2010SunGard Iterm#54 Attachment number 1 Page 7 of 21 457 Governmental Plan and Trust (C) Pre-2002 Coordination. In determining a Participant's underutilized limitation, the coordination rule in effect under now repealed Code §457(c)(2) applies. Additionally, the normal limitation for pre-2002 Taxable Years is applied in accordance with Code § 457(b)(2) as then in effect. 3.05 AGE 50 CATCH-UP CONTRIBUTION. All Employees who are eligible to make Salary Reduction Contributions under this Plan and who have attained age 50 before the close of the Taxable Year are eligible to make age 50 catch- up contributions for that Taxable Year in accordance with, and subject to the limitations of, Code § 414(v). Such catch-up contributions are not taken into account for purposes of the provisions of the plan implementing the required limitations of Code § 457. If, for a Taxable Year, an Employee makes a catch- up contribution under Section 3.04, the Employee is not eligible to make age 50 catch-up contributions under this Section 3.05. A catch-up eligible Participant in each Taxable Year is entitled to the greater of the amount determined under Section 3.04 or Section 3.05 catch-up amount plus the Section 3.03 normal limitation. 3.06 CONTRIBUTION ALLOCATION. The Administrative Services Provider will allocate to each Participant's Account his/her Deferral Contributions. 3.07 ALLOCATION CONDITIONS. The Plan does not impose any allocation conditions. 3.08 ROLLOVER CONTRIBUTIONS. The Plan permits Rollover Contributions. (B) Pre-Participation Rollover. If an eligible Employee makes a Rollover Contribution to the Trust prior to satisfying the Plan's eligibility conditions, the Administrative Services Provider and Trustee must treat the Employee as a limited Participant (as described in Rev. Rul. 96-48 or in any successor ruling). If a limited Participant has a Severance from Employment prior to becoming a Participant in the Plan, the Trustee will distribute his/her Rollover Contributions Account to the limited Participant in accordance with Article IV. (C) Separate Accounting. If an Employer permits Rollover Contributions, the Administrative Services Provider must account separately for: (1) amounts rolled into this Plan from an eligible retirement plan (other than from another Eligible 457 plan); and (2) amounts rolled into this Plan from another Eligible 457 Plan. The Administrative Services Provider for purposes of ordering any subsequent distribution from this Plan may designate a distribution from a Participant's Rollover Contributions as coming first from either of (1) or (2) above if the Participant has both types of Rollover Contribution Accounts. 3.09 DISTRIBUTION OF EXCESS DEFERRALS. In the event that a Participant has Excess Deferrals, the Plan will distribute to the Participant the Excess Deferrals and allocable net income, gain or loss, in accordance with this Section 3.09. The Administrative Services Provider will distribute Excess Deferrals from an Eligible 457 Plan as soon as is reasonably practicable following the Administrative Services Provider's or Employer's determination of the amount of the Excess Deferral. (A) Operational Administration. The Employer, operationally and on a nondiscriminatory basis, may elect to permit or not to permit Rollover Contributions to this Plan or may elect to limit an eligible Employee's right or a Participant's right to make a Rollover Contribution. If the Employer permits Rollover Contributions, any Participant (or as applicable, any eligible Employee), with the Employer's written consent and after filing with the Trustee the form prescribed by the Administrative Services Provider, may make a Rollover Contribution to the Trust. Before accepting a Rollover Contribution, the Trustee may require a Participant (or eligible Employee) to furnish satisfactory evidence the proposed transfer is in fact a "Rollover Contribution" which the Code permits an employee to make to an eligible retirement plan. The Trustee, in its sole discretion, may decline to accept a Rollover Contribution of property which could: (1) generate unrelated business taxable income; (2) create difficulty or undue expense in storage, safekeeping or valuation; or (3) create other practical problems for the Trust. (A) Plan Aggregation. If the Employer maintains more than one Eligible 457 Plan, the Employer must aggregate all such Plans in determining whether any Participant has Excess Deferrals. (B) Individual Limitation. If a Participant participates in another Eligible 457 Plan maintained by a different employer, and the Participant has Excess Deferrals, the Administrative Services Provider may, but is not required, to correct the Excess Deferrals by making a corrective distribution from this Plan. 3.10 DOLLAR LIMITS. The table below shows the applicable dollar amounts described in paragraph 3.03(a) and limitations on age 50 catch-up contributions described in Section 3.05. These amounts are adjusted after 2006 for changes in the cost-of-living to the extent permitted in Code § 415(d). 6 1/10 Item # 4 Attachment number 1 Page 8 of 21 457 Governmental Plan and Trust Year Applicable Dollar Amount Age 50+ Catch-up Contribution Limitation 2002 $11,000 $1,000 2003 $12,000 $2,000 $13,000 $3,000 F 25 $14,000 $4,000 2006 $15,000 $5,000 ARTICLE IV TIME AND METHOD OF PAYMENT OF BENEFITS eligible to commence payment of the Participant's Account. The Administrative Services Provider must furnish to the Participant a form for the Participant to elect the time and a method of payment. 4.03 REOUIRED MINIMUM DISTRIBU- TIONS. The Administrative Services Provider may not distribute nor direct the Trustee to distribute the Participant's Account, nor may the Participant elect any distribution his/her Account, under a method of payment which, as of the required beginning date, does not satisfy the minimum distribution requirements of Code § 401(a)(9) or which is not consistent with applicable Treasury regulations. 4.01 DISTRIBUTION RESTRICTIONS. Except as the Plan provides otherwise, the Administrative Services Provider or Trustee may not distribute to a Participant his/her Account prior to the Participant's Severance from Employment, or such other event for which federal legislation is enacted or regulatory relief granted permitting the Plan to make distributions to qualifying Participants. (A) Distribution of Rollover Contributions. To the extent the Employer permits Rollover Contributions (but not Transfers) to this Plan, a Participant may receive a distribution of such Rollover Contributions without regard to the restrictions found in this Section 4.01. 4.02 TIME AND METHOD OF PAYMENT OF ACCOUNT. The Administrative Services Provider, or Trustee at the direction of the Administrative Services Provider, will distribute to a Participant who has incurred a Severance from Employment the Participant's Account under one or any combination of payment methods elected by the Participant. The Participant may elect one of the following methods of payment: (1) lump sum payment, (2) partial lump sum payment, (3) installment, or (4) an annuity. In no event will the Administrative Services Provider direct (or direct the Trustee to commence) distribution, nor will the Participant elect to have distribution commence, later than the Participant's required beginning date, or under a method that does not satisfy Section 4.03. Subject to any restrictions imposed by the Participant's investment providers and the Administrative Services Provider, the Participant: (1) may elect to commence distribution no earlier than is administratively practical following Severance from Employment; (2) may elect to postpone distribution of his/her Account to any fixed or determinable date including, but not beyond, the Participant's required beginning date; and (3) may elect the method of payment. A Participant may elect the timing and method of payment of his/her Account no later than 30 days before the date the Participant first would be (A) General Rules. (1) Precedence. The requirements of this Section 4.03 will take precedence over any inconsistent provisions of the Plan. (2) Requirements of Treasury Regulations Incorporated. All distributions required under this Section 4.03 will be determined and made in accordance with the Treasury regulations under Code § 401(a)(9). (B) Time and Manner of Distribution (1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. (2) Death of Participant Before Distribution Begins. 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: (a) Spouse Designated Beneficiary. If the Participant's surviving spouse is the Participant's sole designated Beneficiary, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant dies, or by December 31 of the calendar year in which the Participant would have attained age 70Yz, if later. (b) Non-Spouse Designated Beneficiary. If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (c) No Designated Beneficiary. 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. © Copyright 2010 SunGard Itenm# 4 Attachment number 1 Page 9 of 21 457 Governmental Plan and Trust (d) Death of Spouse. 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, this Section 4.03(B)(2) other than Section 4.03(B)(2)(a), will apply as if the surviving spouse were the Participant. (2) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 4.03(C) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. For purposes of this Section 4.03(B) and Section 4.03(D), unless Section 4.03(B)(2)(d) applies, distributions are considered to begin on the Participant's required beginning date. If Section 4.03(B)(2)(d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a). 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 Section 4.03(B)(2)(a), the date distributions are considered to begin is the date distributions actually commence. (3) 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 4.03(C) and 4.03(D). 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 4.01(a)(9) of the Code and the Treasury regulations. (C) Required Minimum Distributions during Participant's Lifetime. (1) 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: (a) ULT. The quotient obtained by dividing the Participant's account balance by the number in the Uniform Life Table set forth in Treas. Reg. §1.401(a)(9)-9, using the Participant's attained age as of the Participant's birthday in the distribution calendar year; or (b) Younger Spouse. 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 Treas. Reg. §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. (D) Required Minimum Distributions after Participant's Death. (1) Death On or After Distributions Begin. (a) 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 the distribution calendar year of the Participant's death is obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant. The Participant's remaining life expectancy is calculated using the attained age of the Participant as of the Participant's birthday in the calendar year of death. For each distribution calendar year after the year of the Participant's death, the minimum amount that will be distributed is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary. (b) 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 calendar year after the calendar year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the calendar 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 attained age of the Participant as of the Participant's birthday in the calendar year of death, reduced by one for each subsequent calendar year. (2) Death before Date Distributions Begin. (a) Participant Survived by Designated Beneficiary. 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 4.03(D)(1). (b) 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 8 1/10 Item # 4 Attachment number 1 Page 10 of 21 457 Governmental Plan and Trust 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. (c) 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 4.03(13)(2)(a), this Section 4.03(D)(2) will apply as if the surviving spouse were the Participant. (E) Definitions (1) Designated Beneficiary. The individual who is designated as the Beneficiary under the Plan and is the designated beneficiary under Code §401(a)(9) and Treas. Reg. §1.401(a)(9)-1, Q&A-4. (2) Distribution calendar year. A distribution calendar year means 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 preceding 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 the distributions are required to begin under Section 4.03(B)(2). 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 in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. (3) Life expectancy. Life expectancy as computed by use of the Single Life Table in Treas. Reg. §1.401(a)(9)-9. (4) 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 Rollover Contributions or Transfers to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. (5) Required beginning date. A Participant's required beginning date is the April 1 of the calendar year following the later of. (1) the calendar year in which the Participant attains age 70'/2, or (2) the calendar year in which the Participant retires or such other date under Code § 401(a)(9) by which required minimum distributions must commence. (F) General 2009 waiver. The requirements of Code § 401(a)(9) and the provisions of the Plan relating thereto, will not apply for the distribution calendar year 2009. (1) Special rule regarding waiver period. For purposes of Code § 401(a)(9) and the provisions of the Plan relating thereto: (a) the required beginning date with respect to any individual will be determined without regard to this Article IV for purposes of applying Code § 401(a)(9) for distribution calendar years other than 2009; and (b) if the 5-year rule of Code § 401(a)(9)(B)(ii) applies, the 5-year period described therein shall be determined without regard to calendar year 2009. (2) Eligible rollover distributions. If all or any portion of a distribution during 2009 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under Code § 401(a)(9) had applied during 2009, then the Plan will not treat such distribution as an eligible rollover distribution for purposes of the direct rollover rules of Code § 401(a)(31), the notice requirements of Code §402(f), or the 20% withholding requirement of Code §3405(c). (3) Participant may elect. The Plan will permit an affected Participant to elect whether to receive his/her RMD distribution for 2009. If the Participant fails to notify the Administrative Services Provider of his/her waiver, the Plan will distribute the 2009 RMD to the Participant. 4.04 DEATH BENEFITS. Upon the death of the Participant, the Administrative Services Provider must pay or direct the Trustee to pay the Participant's Account in accordance with Section 4.03. Subject to Section 4.03, a Beneficiary may elect the timing and method of payment in the same manner as a Participant may elect under Section 4.02, if such elections apply. In the case of a death occurring on or after January 1, 2007, if a participant dies while performing qualified military service (as defined in Code § 414(u)), the survivors of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the participant had resumed and then terminated employment on account of death. © Copyright 2010SunGard Iterw#94 Attachment number 1 Page 11 of 21 457 Governmental Plan and Trust 4.05 DISTRIBUTIONS PRIOR TO SEVER- ANCE FROM EMPLOYMENT. Notwithstanding the Section 4.01 distribution restrictions, the Plan permits the following in-service distributions in accordance with this Section. (A) Unforeseeable Emergency. In the event of a Participant's unforeseeable emergency, the Administrative Services Provider may make a distribution to a Participant who has not incurred a Severance from Employment. An unforeseeable emergency is a severe financial hardship of a Participant or Beneficiary resulting from: (1) illness or accident of the Participant, the Participant's Beneficiary, or the Participant's spouse or dependent (as defined in Code § 152, and, for taxable years beginning on or after January 1, 2005, without regard to Code § 152(b)(1), (b)(2), and (d)(1)(13)); (2) loss of the Participant's or Beneficiary's property due to casualty; (3) the need to pay for the funeral expenses of the Participant's spouse or dependent (as defined in Code § 152, and, for taxable years beginning on or after January 1, 2005, without regard to Code § 152(b)(1), (b)(2), and (d)(1)(13)); or (4) other similar extraordinary and unforeseeable circumstances arising from events beyond the Participant's or Beneficiary's control. The Administrative Services Provider will not pay the Participant or the Beneficiary more than the amount reasonably necessary to satisfy the emergency need, which may include amounts necessary to pay taxes or penalties on the distribution. The Administrative Services Provider will not make payment to the extent the Participant or Beneficiary may relieve the financial hardship by cessation of deferrals under the Plan, through insurance or other reimbursement, or by liquidation of the individual's assets to the extent such liquidation would not cause severe financial hardship. The Participant's Beneficiary is a person who a Participant designates as a "primary beneficiary" and who is or may become entitled to a Participant's Plan account upon the Participant's death. Participant has not received a prior distribution under this Section 4.05(B). (C) Distribution of Rollover Contributions. A Participant may request and receive distribution of his/her Account attributable to Rollover Contributions (but not to Transfers) before the Participant has a distributable event under Section 4.01. 4.06 DISTRIBUTIONS UNDER QUALIFIED DOMESTIC RELATIONS ORDERS (QDROs). Notwithstanding any other provision of this Plan, the QDRO provisions will apply. The Administrative Services Provider (and any Trustee) must comply with the terms of a QDRO, as defined in Code § 414(p), which is issued with respect to the Plan. (A) Time and Method of Payment. This Plan specifically permits distribution to an alternate payee under a QDRO at any time, notwithstanding any contrary Plan provision and irrespective of whether the Participant has attained his/her earliest retirement age (as defined under Code § 414(p)) under the Plan. Nothing in this Section 4.06 gives a Participant a right to receive distribution at a time the Plan otherwise does not permit nor authorizes the alternate payee to receive a form of payment the Plan does not permit. (B) QDRO Procedures. Upon receiving a domestic relations order, the Administrative Services Provider promptly will notify the Participant and any alternate payee named in the order, in writing, of the receipt of the order and the Plan's procedures for determining the qualified status of the order. Within a reasonable period of time after receiving the domestic relations order, the Administrative Services Provider must determine the qualified status of the order and must notify the Participant and each alternate payee, in writing, of the Administrative Services Provider's determination. The Administrative Services Provider must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order. A Participant's unforeseeable emergency event includes a severe financial hardship of the participant's primary Beneficiary under the Plan, that would constitute an emergency event if it occurred with respect to the participant's spouse or dependent as defined under Code § 152. (B) De minimis distribution. A Participant may elect to receive a distribution of his/her Account where: (1) the Participant's Account (disregarding Rollover Contributions) does not exceed $5,000 (or such other amount as does not exceed the Code § 411 (a)(1 1)(A) dollar amount); (2) the Participant has not made or received an allocation of any Deferral Contributions under the Plan during the two-year period ending on the date of distribution; and (3) the (C) Accounting. If any portion of the Participant's Account Balance is payable under the domestic relations order during the period the Administrative Services Provider is making its determination of the qualified status of the domestic relations order, the Administrative Services Provider may maintain a separate accounting of the amounts payable. If the Administrative Services Provider determines the order is a QDRO within 18 months of the date amounts first are payable following receipt of the domestic relations order, the Administrative Services Provider will distribute or will direct the Trustee to distribute the payable amounts in accordance with the QDRO. If the Administrative Services Provider does not make its determination of the qualified status of the order within the 18-month determination period, 10 1/10 Item # 4 Attachment number 1 Page 12 of 21 457 Governmental Plan and Trust the Administrative Services Provider will distribute or will direct the Trustee to distribute the payable amounts in the manner the Plan would distribute if the order did not exist and will apply the order prospectively if the Administrative Services Provider later determines the order is a QDRO. To the extent it is not inconsistent with the provisions of the QDRO, the Administrative Services Provider may segregate or may direct the Trustee to segregate the QDRO amount in a segregated investment account. The Administrative Services Provider or Trustee will make any payments or distributions required under this Section 4.06 by separate benefit checks or other separate distribution to the alternate payee(s). receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an eligible rollover distribution. (1) Certain requirements not applicable. Although a non-spouse Beneficiary may roll over directly a distribution, commencing with distributions after December 31, 2009, the distribution will be subject to the direct rollover requirements of Code § 401(a)(31) (including the automatic rollover provisions of Code § 401(a)(31)(13)), the notice requirements of Code § 402(f) and the mandatory withholding requirements of Code § 3405(c). If a non-spouse Beneficiary receives a distribution from the Plan, the distribution is not eligible for a "60-day" rollover. (D) Permissible QDROs. A domestic relations order that otherwise satisfies the requirements for a qualified domestic relations order ("QDRO") will not fail to be a QDRO: (i) solely because the order is issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the time at which the order is issued, including issuance after the annuity starting date or after the participant's death. 4.07 DIRECT ROLLOVER OF ELIGIBLE ROLLOVER DISTRIBUTIONS - GOVERN- MENTAL PLAN. (A) Participant Election. A Participant (including for this purpose, a former Employee) may elect, at the time and in the manner the Administrative Services Provider prescribes, to have any portion of his/her eligible rollover distribution from the Plan paid directly to an eligible retirement plan specified by the Participant in a direct rollover election. For purposes of this election, a "Participant" includes as to their respective interests, a Participant's surviving spouse and the Participant's spouse or former spouse who is an alternate payee under a QDRO. (B) Rollover and Withholding Notice. At least 30 days and not more than 180 days prior to the Trustee's distribution of an eligible rollover distribution, the Administrative Services Provider must provide a written notice (including a summary notice as permitted under applicable Treasury regulations) explaining to the distributee the rollover option, the applicability of mandatory 20% federal withholding to any amount not directly rolled over, and the recipient's right to roll over within 60 days after the date of receipt of the distribution ("rollover notice"). (C) Non-spouse Beneficiary rollover right. A non- spouse Beneficiary who is a "designated beneficiary" under Code § 401(a)(9)(E) and the regulations thereunder, by a direct trustee-to-trustee transfer ("direct rollover"), may roll over all or any portion of his/her distribution to an individual retirement account the Beneficiary establishes for purposes of (2) Trust Beneficiary. If the participant's named Beneficiary is a trust, the Plan may make a direct rollover to an individual retirement account on behalf of the trust, provided the trust satisfies the requirements to be a designated beneficiary within the meaning of Code § 401(a)(9)(E). (3) Required minimum distributions not eligible for rollover. A non-spouse Beneficiary may not roll over an amount which is a required minimum distribution, as determined under applicable Treasury regulations and other Revenue Service guidance. If the participant dies before his/her required beginning date and the non-spouse Beneficiary rolls over to an IRA the maximum amount eligible for rollover, the Beneficiary may elect to use either the 5-year rule or the life expectancy rule, pursuant to Treas. Reg. § 1.401(a)(9)-3, A-4(c), in determining the required minimum distributions from the IRA that receives the non-spouse Beneficiary's distribution. (D) Definitions. The following definitions apply to this Section: (1) Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of a Participant's Account, except an eligible rollover distribution does not include: (a) any distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Participant or the joint lives (or joint life expectancies) of the Participant and the Participant's designated Beneficiary, or for a specified period of ten years or more; (b) any Code § 401(a)(9) required minimum distribution; (c) any unforeseeable emergency distribution; and (d) any distribution which otherwise would be an eligible rollover distribution, but where the total distributions to the Participant during that calendar year are reasonably expected to be less than $200. (2) Eligible retirement plan. An eligible retirement plan is an individual retirement account © Copyright 2010 SunGard Item # 14 Attachment number 1 Page 13 of 21 457 Governmental Plan and Trust described in Code § 408(a), an individual retirement annuity described in Code § 408(b), an annuity plan described in Code § 403(a), a qualified plan described in Code § 401(a), an annuity contract (or custodial agreement) described in Code § 403(b), or an eligible deferred compensation plan described in Code § 457(b) and maintained by an Employer described in Code § 457(e)(1)(A), which accepts the Participant's, the Participant's spouse or alternate payee's eligible rollover distribution. For distributions made after December 31, 2007, a Participant or Beneficiary may elect to roll over directly an eligible rollover distribution to a Roth IRA described in Code § 408A(b). (3) Direct rollover. A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. (4) Mandatory distribution. The Administrative Services Provider is directed to make a mandatory distribution, which is an eligible rollover distribution, without the Participant's consent provided that the Participant's Account is less than $1,000. A distribution to a Beneficiary is not a mandatory distribution. (2) Public safety officer. A "Public Safety Officer" has the same meaning as in § 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3796b(9)(A)). (3) Qualified health insurance premiums. The term "qualified health insurance premiums" means premiums for coverage for the Eligible Retired Public Safety Officer, his/her spouse, and dependents, by an accident or health plan or qualified long-term care insurance contract (as defined in Code § 7702B(b)). ARTICLE V ADMINISTRATIVE SERVICES PROVIDER - DUTIES 5.01 TERM / VACANCY. The Administrative Services Provider will serve until his/her successor is appointed. In case the Employer has not appointed a successor Administrative Services Provider, the Employer will exercise any and all duties of the Administrative Services Provider pending the filling of the vacancy. 5.02 DUTIES. The Administrative Services Provider will have the following duties: (5) 401(a)(31)(B) Effective Date. The § 401(a)(31)(B) Effective Date is the date of the close of the first regular legislative session of the legislative body with the authority to amend the Plan that begins on or after January 1, 2006. 4.08 ELECTION TO DEDUCT FROM DISTRIBUTION. For distributions in taxable years beginning after December 31, 2006, an Eligible Retired Public Safety Officer may elect annually for that taxable year to have the Plan deduct an amount from a distribution which the Eligible Retired Public Safety Officer otherwise would receive and include in income. The plan will pay such deducted amounts directly to the provider as described in Section 4.08(A). (A) Direct payment. The Plan will pay directly to the provider of the accident or health insurance plan or qualified long-term care insurance contract the amounts the Eligible Retired Public Safety Officer has elected to have deducted from the distribution. Such amounts may not exceed the lesser of $3,000 or the amount the Participant paid for such taxable year for qualified healthcare premiums, and which otherwise complies with Code § 402(1). (B) Definitions. (1) Eligible retired public safety officer. An "Eligible Retired Public Safety Officer" is an individual who, by reason of disability or attainment of normal retirement age, has experienced a Severance from Employment as a Public Safety Officer with the Employer. (a) To create administrative forms necessary for the proper and efficient administration of the Plan provided the forms are not inconsistent with the terms of the Plan; (b) To enforce the terms of the Plan and its procedures, including this document and such other documents related to the Plan's operation; (c) To make, at the direction of the Participant or Beneficiary or pursuant to Section 4.07(D)(4), distributions of an Account; (d) To review in accordance with the Plan's procedures respecting a claim for (or denial of a claim for) a benefit under the Plan; (e) To furnish the Employer with information which the Employer may require for tax or other purposes; (f) To make distributions on account of unforeseeable emergency in accordance with the Plan's procedures; (g) To accept Deferral Contributions, Employer Contributions, and Rollover Contributions; (h) To accept Transfers; 12 ino Item # 4 Attachment number 1 Page 14 of 21 457 Governmental Plan and Trust (i) To accept Participant or, in the case of a deceased Participant, Beneficiary direction of investment; 0) To comply with any reporting and disclosure rules applicable to the Plan; (k) To make loans to Participants if elected by the Employer; (1) To appoint agents to act for and in performing its third party administrative services to the Plan; and (m) To undertake any other action the Administrative Services Provider deems reasonable or necessary to provide third party administrative services to the Plan. 5.03 LOANS TO PARTICIPANTS. The Employer may elect to permit the Administrative Services Provider and/or Trustee to make Plan loans to Participants by executing a participant loan program document with the Administrative Services Provider. Any loan by the Plan to a Participant shall be made in compliance with Code § 72(p). If Plan loans are permitted, the Administrative Services Provider, with the approval and direction of the Employer, may establish, amend or terminate from time to time, nondiscriminatory administrative procedures for administering loans. Such loan procedures must be a written document and must include: (1) the procedure for applying for a loan; (2) the criteria for approving or denying a loan; (3) the limitations, if any, on the types and amounts of loans available; and (4) the events constituting default and the steps the Plan will take to preserve Plan assets in the event of default. Any administrative procedures adopted under this Section 5.03 shall be construed as part of the Plan. Account subject to an installment distribution, until the Account is fully distributed. 5.07 ACCOUNT CHARGED The Administrative Services Provider will charge all distributions made to a Participant or to his/her Beneficiary, or transferred under Section 9.03 from his/her Account, against the Account of the Participant when made. 5.08 PARTICIPANT DIRECTION OF INVESTMENT. Subject to the terms and conditions required by the Administrative Services Provider and the Trustee, if any, a Participant will have the right to direct the investment or re-investment of the assets comprising the Participant's Account. The Administrative Services Provider will account separately for the Participant-directed Accounts. The Participant's right to direct investment does not give the Participant any vested interest or secured or preferred position with respect to assets over which he/she has investment responsibility. 5.09 VESTING / SUBSTANTIAL RISK OF FORFEITURE. Each Participant's Account will be immediately 100% vested. 5.10 PRESERVATION OF ELIGIBLE PLAN STATUS. The Employer may take any such necessary and appropriate action to preserve the status of the Plan as an Eligible 457 Plan. 5.11 LIMITED LIABILITY. The Employer will not be liable to pay plan benefits to a Participant in excess of the value of the Participant's Account as the Administrative Services Provider determines in accordance with the Plan terms. The Employer, the Administrative Services Provider, or the Trustee will not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. 5.04 INDIVIDUAL ACCOUNTS / RECORDS. The Administrative Services Provider will maintain a separate Account in the name of each Participant to reflect the value of the Participant's Deferred Compensation under the Plan. 5.05 VALUE OF PARTICIPANT'S ACCOUNT. The value of each Participant's Account consists of his/her accumulated Deferred Compensation, as of the most recent Accounting Date or any later date as the Administrative Services Provider may determine. 5.06 ALLOCATION OF NET INCOME, GAIN OR LOSS. As of each Accounting Date (and each other valuation date determined under Section 5.04), the Administrative Services Provider will adjust Accounts to reflect net income, gain or loss, if any, since the last Accounting Date or Account valuation. The Administrative Services Provider will continue to allocate net income, gain and loss to a Participant's 5.12 LOST PARTICIPANTS. If the Administrative Services Provider is unable to locate any Participant or Beneficiary whose Account becomes distributable (a "lost Participant"), the Administrative Services Provider will apply the provisions of this Section 5.12. (A) Attempt to Locate. The Administrative Services Provider will attempt to locate a lost Participant and may use one or more of the following methods: (1) provide a distribution notice to the lost Participant at his/her last known address by certified or registered mail; (2) use the IRS letter forwarding program under Rev. Proc. 94-22; (3) use a commercial locator service, the internet or other general search method; (4) use the Social Security Administration or PBGC search program; or (5) use such other methods as the Administrative Services Provider believes prudent. © Copyright 2010 SunGard item #34 Attachment number 1 Page 15 of 21 457 Governmental Plan and Trust (B) Failure to Locate. If a lost Participant is not located after 6 months following the date the Administrative Services Provider first attempts to locate the lost Participant using one or more of the methods described in Section 5.12(A), the Administrative Services Provider may employ the unclaimed property processes of the state of the lost Participant's last known address. Neither the Administrative Services Provider nor the Trustee shall be responsible for restoring the Account (including potential gains) if a lost Participant whose Account was deposited with a state later makes a claim for his/her Account. (C) Nonexclusivity and Uniformity. The provisions of this Section 5.12 are intended to provide permissible but not exclusive means for the Administrative Services Provider to administer the Accounts of lost Participants. The Administrative Services Provider may utilize any other reasonable method to locate lost Participants and to administer the Accounts of lost Participants, including such methods as the Revenue Service or other regulatory agency may in the future specify. The Administrative Services Provider will apply Section 5.12 in a reasonable manner, but may in determining a specific course of action as to a particular Account, reasonably take into account differing circumstances such as the amount of a lost Participant's Account, the expense in attempting to locate a lost Participant, the Administrative Services Provider's ability to establish and the expense of establishing a rollover IRA, and other factors. The Administrative Services Provider may charge to the Account of a lost Participant the reasonable expenses incurred under this Section 5.12 and which are associated with the lost Participant's Account. 5.13 PLAN CORRECTION. The Administrative Services Provider, as directed by the Employer, may undertake such correction of Plan errors as the Employer deems necessary, including but not limited to correction to maintain the Plan's status as an "eligible deferred compensation plan" under the Code. ARTICLE VI PARTICIPANT ADMINISTRATIVE PROVISIONS 6.01 BENEFICIARY DESIGNATION. A Participant from time to time may designate, in writing, any person(s) (including a trust or other entity), contingently or successively, to whom the Administrative Services Provider or Trustee will pay the Participant's Account (including any life insurance proceeds payable to the Participant's Account) in the event of death. A Participant also may designate the method of payment of his/her Account. The Administrative Services Provider will prescribe the form for the Participant's written designation of Beneficiary and, upon the Participant's filing the form with the Administrative Services Provider, the form revokes all designations filed prior to that date by the same Participant. Provided the Administrative Services Provider has been provided reasonable notice thereof, a divorce decree, or a decree of legal separation, revokes the Participant's designation, if any, of his/her spouse as his/her Beneficiary under the Plan unless: (a) the decree or a QDRO provides otherwise; or (b) the Participant has re-designated his/her former spouse as Beneficiary following the date of the divorce decree, or other decree of legal separation. The foregoing revocation provision (if applicable) applies only with respect to a Participant whose divorce or legal separation becomes effective on or following the date the Employer executes the Plan. 6.02 NO BENEFICIARY DESIGNATION. If a Participant fails to name a Beneficiary in accordance with Section 6.01, or if the Beneficiary named by a Participant predeceases the Participant, then the Administrative Services Provider will pay the Participant's remaining Account to the Participant's estate. If the Beneficiary survives the Participant, but dies prior to distribution of the Participant's entire Account, the Trustee will pay the remaining Account to the Beneficiary's estate unless: (1) the Participant's Beneficiary designation provides otherwise; or (2) the Beneficiary has properly designated a Beneficiary. A Beneficiary only may designate a Beneficiary for the Participant's Account Balance remaining at the Beneficiary's death, and the Beneficiary's designation otherwise complies with the Plan terms. The Administrative Services Provider will direct a Trustee if applicable as to the method and to whom the Trustee will make payment under this Section 6.02. 6.03 PARTICIPATION AGREEMENT. (A) General. A Participant must elect to make Salary Reduction Contributions on a Participation Agreement form the Administrative Services Provider provides for this purpose. The Participation Agreement must be consistent with the procedures of the Administrative Services Provider. The Participation Agreement may impose such other terms and limitations as the Employer or Administrative Services Provider may determine. (B) Election Timing. A Participation Agreement may not take effect earlier than the first day of the calendar month following the date the Participant executes the Participation Agreement and as to Compensation paid or made available in such calendar month. However, if an Employee is eligible to become a Participant during the Employee's calendar month of hire, the Employee may execute a Participation Agreement on or before the date he/she 14 ino Item # 4 Attachment number 1 Page 16 of 21 457 Governmental Plan and Trust becomes an Employee, effective for the month in which he/she becomes an Employee. (C) Sick, Vacation and Back Pay. If the Employer adopts a policy that permits Participants to make Salary Reduction Contributions from accumulated sick pay, from accumulated vacation pay or from back pay, a Participant who will incur a Severance from Employment may execute a Participation Agreement before such amounts are paid or made available provided: (i) such amounts are paid or made available before the Participant incurs the Severance; and (ii) the Participant is an Employee in that month. (D) Modification of Participation Agreement. A Participation Agreement remains in effect until a Participant modifies it or ceases to be eligible to participate in the Plan. A Participant may modify his/her Participation Agreement by executing a new Participation Agreement. Any modification will become effective no earlier than the beginning of the calendar month commencing after the date the Participant executes the new Participation Agreement. Filing a new Participation Agreement will revoke all Participation Agreements filed prior to that date. The Employer or Administrative Services Provider may restrict the Participant's right to modify his/her Participation Agreement in any Taxable Year. 6.04 PERSONAL DATA TO ADMIN- ISTRATIVE SERVICES PROVIDER. Each Participant and each Beneficiary of a deceased Participant must furnish to the Administrative Services Provider such evidence, data or information as the Administrative Services Provider considers necessary or desirable for the purpose of administering the Plan. The provisions of this Plan are effective for the benefit of each Participant upon the condition precedent that each Participant will furnish promptly full, true and complete evidence, data and information when requested by the Administrative Services Provider, provided the Administrative Services Provider advises each Participant of the effect of his failure to comply with its request. 6.05 ADDRESS FOR NOTIFICATION. Each Participant and each Beneficiary of a deceased Participant must file with the Administrative Services Provider from time to time, in writing, his/her address and any change of address. Any communication, statement or notice addressed to a Participant, or Beneficiary, at his/her last address filed with the Administrative Services Provider, or as shown on the records of the Employer, binds the Participant, or Beneficiary, for all purposes of this Plan. 6.06 PARTICIPANT OR BENEFICIARY IN- CAPACITATED. If evidence is submitted to the Administrative Services Provider which supports an opinion that a Participant or Beneficiary entitled to a Plan distribution is not able to care for his/her affairs because of a mental condition, a physical condition, or by reason of age, the Administrative Services Provider or the Trustee may make the distribution to the Participant's or Beneficiary's guardian, conservator, trustee, custodian (including under a Uniform Transfers or Gifts to Minors Act) or to his/her attorney-in-fact or to other legal representative upon furnishing evidence of such status satisfactory to the Administrative Services Provider and to the Trustee. The Administrative Services Provider and the Trustee do not have any liability with respect to payments so made and neither the Administrative Services Provider nor the Trustee has any duty to make inquiry as to the competence of any person entitled to receive payments under the Plan. ARTICLE VII MISCELLANEOUS 7.01 NO ASSIGNMENT OR ALIENATION. A Participant or Beneficiary does not have the right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments under the Plan or Trust and the Administrative Services Provider and the Trustee will not recognize any such anticipation, assignment, or alienation. The payments and the rights under this Plan are non-assignable and nontransferable. Subject to Section 8.15, a Participant's or Beneficiary's interest in the Trust is not subject to attachment, garnishment, levy, execution or other legal or equitable process. 7.02 EFFECT ON OTHER PLANS. This Plan does not affect benefits under any other retirement, pension, or benefit plan or system established for the benefit of the Employer's Employees, and participation under this Plan does not affect benefits receivable under any such plan or system, except to the extent provided in such plan or system. 7.03 WORD USAGE. Words used in the masculine will apply to the feminine where applicable, and wherever the context of the Plan dictates, the plural will be read as the singular and the singular as the plural. 7.04 STATE LAW. The laws of the state of the Employer's principal place of business will determine all questions arising with respect to the provisions of this Prototype Plan, except to the extent Federal law supersedes State law. 7.05 EMPLOYMENT NOT GUARANTEED. Nothing contained in this Plan, or any modification or amendment to the Plan, or in the creation of any Account, or the payment of any benefit, gives any Employee, Participant or Beneficiary any right to continue employment, any legal or equitable right against the Employer, the © Copyright 2010SunGard its #54 Attachment number 1 Page 17 of 21 457 Governmental Plan and Trust Administrative Services Provider, the Trustee, any other Employee of the Employer, or any agents thereof except as expressly provided by the Plan. 7.06 NOTICE, DESIGNATION, ELECTION, CONSENT AND WAIVER. All notices under the Plan and all Participant or Beneficiary designations, elections, consents or waivers must be in writing and made in a form acceptable to the Administrative Services Provider. To the extent permitted by Treasury regulations or other applicable guidance, any Plan notice, election, consent or waiver may be transmitted electronically. Any person entitled to notice under the Plan may waive the notice or shorten the notice period except as otherwise required by the Code. 7.07 LIMITATIONS ON TRANSFERS AND EXCHANGES. The Employer and the Administrative Services Provider may adopt procedures to govern Participant elections and directions concerning a Participant's, Beneficiary's, or Alternate Payee's investment specifications and may impose limitations on transfers and exchanges from one investment option with the Plan to another. These procedures shall be in addition to any established by investment providers to the Plan. The Employer and the Administrative Services Provider may decline to implement any investment instructions for a Participant, Beneficiary, or Alternate Payee where either deems appropriate. 7.08 EMPLOYER RESPONSIBILITY FOR DISTRIBUTION OF PLAN RELATED INFORMATION. The Employer will distribute all Plan related amendments, restated plan documents, and deferred compensation plan tax related documentation to the Administrative Service Providers when there are multiple Administrative Service Providers of the Plan. 8.02 ACCEPTANCE / HOLDING. The Trustee accepts the Trust created under the Plan and agrees to perform the duties and obligations imposed. The Trustee must hold in trust under this Article VIII, all Deferred Compensation until paid in accordance with the Plan terms. 8.03 RECEIPT OF CONTRIBUTIONS. The Trustee is accountable to the Employer for the funds contributed to it by the Employer or the Administrative Services Provider, but the Trustee does not have any duty to see that the contributions received comply with the provisions of the Plan. 8.04 FULL INVESTMENT POWERS. The Trustee is authorized and empowered, but not by way of limitation, to exercise and perform the following duties: (a) To invest any part or all of the Trust in any common or preferred stocks, open-end or closed- end mutual funds, put and call options traded on a national exchange, United States retirement plan bonds, corporate bonds, debentures, convertible debentures, commercial paper, U. S. Treasury bills, U. S. Treasury notes and other direct or indirect obligations of the United States Government or its agencies, improved or unimproved real estate situated in the United States, limited partnerships, insurance contracts of any type, mortgages, notes or other property of any kind, real or personal, and to buy or sell options on common stock on a nationally recognized options exchange with or without holding the underlying common stock, as a prudent person would do under like circumstances. Any investment made or retained by the Trustee in good faith will be proper but must be of a kind constituting a diversification considered by law suitable for trust investments; 7.09 USE OF PLAN ASSETS THAT ARE NOT ATTRIBUTABLE TO AN ACCOUNT. If the Plan receives money that is not attributable to an Account, then the Employer will direct the Administrative Services Provider as to the use of these amounts. Examples include, but are not limited to, money received by the Plan as part of a settlement, litigation award or fee reimbursement. The Employer may use these amounts to offset Plan expenses or may allocate these amounts to Participants or as it deems appropriate ARTICLE VIII TRUST PROVISIONS 8.01 APPLICATION. The provisions of this Article VIII apply only if the Employer has not elected to substitute another trust, custodial accounts or annuity contracts in lieu of the Trust established under this Article VIII. (b) To retain in cash so much of the Trust as it may deem advisable to satisfy liquidity needs of the Plan and to deposit any cash held in the Trust in a bank account at reasonable interest; (c) To invest, if the Trustee is a bank or similar financial institution supervised by the United States or by a State, in any type of deposit of the Trustee (or a bank related to the Trustee within the meaning of Code §414(b)) at a reasonable rate of interest or in a common trust fund as described in Code §584, or in a collective investment fund, the provisions of which the Trust incorporates by this reference, which the Trustee (or its affiliate, as defined in Code §1504) maintains exclusively for the collective investment of money contributed by the bank (or its affiliate) in its capacity as Trustee and which conforms to the rules of the Comptroller of the Currency; 16 vlo Item # 4 Attachment number 1 Page 18 of 21 457 Governmental Plan and Trust (d) To manage, sell, contract to sell, grant options to purchase, convey, exchange, transfer, abandon, improve, repair, insure, lease for any term even though commencing in the future or extending beyond the term of the Trust, and otherwise deal with all property, real or personal, in such manner, for such considerations and on such terms and conditions as the Trustee decides; (e) To credit and distribute the Trust as directed by the Administrative Services Provider of the Plan. The Trustee will not be obliged to inquire as to whether any payee or distributee is entitled to any payment or whether the distribution is proper or within the terms of the Plan, or as to the manner of making any payment or distribution. The Trustee will be accountable only to the Administrative Services Provider for any payment or distribution made by it in good faith on the order or direction of the Administrative Services Provider; (n) To furnish to the Employer and the Administrative Services Provider an annual statement of account showing the condition of the Trust and all investments, receipts, disbursements and other transactions effected by the Trustee during the Plan Year covered by the statement and also stating the assets of the Trust held at the end of the Plan Year, which accounts will be conclusive on all persons, including the Employer and the Administrative Services Provider, except as to any act or transaction concerning which the Employer or the Administrative Services Provider files with the Trustee written exceptions or objections within 90 days after the receipt of the accounts; and (o) To begin, maintain or defend any litigation necessary in connection with the administration of the Trust, except that the Trustee will not be obliged or required to do so unless (f) To borrow money, to assume indebtedness, extend mortgages and encumber by mortgage or pledge; (g) To compromise, contest, arbitrate or abandon claims and demands; (h) To have with respect to the Trust all of the rights of an individual owner, including the power to exercise any and all voting rights associated with Trust assets, to give proxies, to participate in any voting trusts, mergers, consolidations or liquidations, to tender shares and to exercise or sell stock subscriptions or conversion rights; (i) To lease for oil, gas and other mineral purposes and to create mineral severances by grant or reservation; to pool or unitize interest in oil, gas and other minerals; and to enter into operating agreements and to execute division and transfer orders; 0) To hold any securities or other property in the name of the Trustee or its nominee, with depositories or agent depositories or in another form as it may deem best, with or without disclosing the trust relationship; (k) To perform any and all other acts in its judgment necessary or appropriate for the proper and advantageous management, investment and distribution of the Trust; (1) To retain any funds or property subject to any dispute without liability for the payment of interest, and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes a final adjudication; (m) To file all tax returns required of the Trustee; 8.05 RECORDS AND STATEMENTS. The records of the Trustee pertaining to the Trust will be open to the inspection of the Employer at all reasonable times and may be audited from time to time by any person or persons as the Employer may specify in writing. The Trustee will furnish the Administrative Services Provider whatever information relating to the Trust the Administrative Services Provider considers necessary. 8.06 FEES AND EXPENSES FROM FUND. The Trustee will receive reasonable annual compensation in accordance with its fee schedule as published from time to time. The Trustee will pay from the Trust all fees and expenses the Trustee reasonably incurs in its administration of the Trust, unless the Employer pays the fees and expenses. 8.07 PROFESSIONAL AGENTS. The Trustee may employ and pay from the Trust reasonable compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee may delegate to any agent, attorney, accountant or other person selected by it any non-Trustee power or duty vested in it by the Trust, and the Trustee may act or refrain from acting on the advice or opinion of any agent, attorney, accountant or other person so selected. 8.08 DISTRIBUTION OF CASH OR PROPERTY. The Trustee may make distribution under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee. 8.09 RESIGNATION AND REMOVAL. The Trustee or the Custodian may resign its position by giving written notice to the Employer and to the Administrative Services Provider. The Trustee's notice must specify the effective date of the Trustee's resignation, which date must be at least 30 days © Copyright 2010SunGard It #14 Attachment number 1 Page 19 of 21 457 Governmental Plan and Trust following the date of the Trustee's notice, unless the Employer consents in writing to shorter notice. The Employer may remove a Trustee or a Custodian by giving written notice to the affected party. The Employer's notice must specify the effective date of removal which date must be at least 30 days following the date of the Employer's notice, except where the Employer reasonably determines a shorter notice period or immediate removal is necessary to protect Plan assets. 8.10 SUCCESSOR TRUSTEE. (A) Appointment. In the event of the resignation or the removal of a Trustee, where no other Trustee continues to service, the Employer must appoint a successor Trustee if it intends to continue the Plan. If two or more persons hold the position of Trustee, in the event of the removal of one such person, during any period the selection of a replacement is pending, or during any period such person is unable to serve for any reason, the remaining person or persons will act as the Trustee. If the Employer fails to appoint a successor Trustee as of the effective date of the Trustee resignation or removal and no other Trustee remains, the Trustee will treat the Employer as having appointed itself as Trustee and as having filed the Employer's acceptance of appointment as successor Trustee with the former Trustee. impose such conditions, limitations and other provisions as the Trustee may deem appropriate and as are consistent with the Administrative Services Provider's policy. The Trustee will report to the Administrative Services Provider the net income, gain or losses incurred by each Participant directed Account separately from the net income, gain or losses incurred by the general Trust during the Trust Year. 8.13 THIRD PARTY RELIANCE. No person dealing with the Trustee will be obliged to see to the proper application of any money paid or property delivered to the Trustee, or to inquire whether the Trustee has acted pursuant to any of the terms of the Trust. Each person dealing with the Trustee may act upon any notice, request or representation in writing by the Trustee, or by the Trustee's duly authorized agent, and will not be liable to any person whomsoever in so doing. The certificate of the Trustee that it is acting in accordance with the Trust will be conclusive in favor of any person relying on the certificate. 8.14 INVALIDITY OF ANY TRUST PROVISION. If any clause or provision of this Article VIII proves to be or is adjudged to be invalid or void for any reason, such void or invalid clause or provision will not affect any of the other provisions of this Article VIII and the balance of the Trust provisions will remain operative. (B) Automatic Successor. Any corporation which succeeds to the trust business of the Trustee, or results from any merger or consolidation to which the Trustee is a party, or is the transferee of substantially all the Trustee's assets, will be the successor to the Trustee under this Trust. The successor Trustee will possess all rights, duties and powers under this Trust as if the successor Trustee were the original Trustee. Neither the Trustee nor the successor Trustee need provide notice to any interested person of any transaction resulting in a successor Trustee. The successor Trustee need not file or execute any additional instrument or perform any additional act to become successor Trustee. 8.11 VALUATION OF TRUST. The Trustee will value the Trust as of each Accounting Date to determine the fair market value of the Trust assets. The Trustee will value the Trust on such other date(s) the Administrative Services Provider may direct. 8.12 PARTICIPANT DIRECTION OF INVESTMENT. Consistent with the Administrative Services Provider's policy adopted under Section 5.02(1), the Trustee may consent in writing to permit Participants in the Plan to direct the investment to the Trust assets. The Administrative Services Provider will advise the Trustee of the portion of the Trust credited to each Participant's Account under the Plan, and subject to such Participant direction. As a condition of Participant direction, the Trustee may 8.15 EXCLUSIVE BENEFIT. The Trustee will hold all the assets of the Trust for the exclusive benefit of the Participants and their Beneficiaries and neither the Employer nor the Trustee will use or divert any part of the corpus or income of the Trust for purposes other than the exclusive benefit of the Participants and Beneficiaries of the Plan. The Employer will not have any right to the assets held by the Trustee and the Trust assets will not be subject to the claims of the Employer's creditors or, except as provided in Section 4.06, of the creditors of any Participant or Beneficiary. No Participant or Beneficiary shall have any right to sell, assign, transfer or otherwise convey his/her Account or any interest in his/her Deferred Compensation. Notwithstanding the foregoing, the Administrative Services Provider may pay from a Participant's or Beneficiary's Account the amount the Administrative Services Provider finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. The Trust created under the Employer's Plan is irrevocable and its assets will not inure to the benefit of the Employer. 8.16 SUBSTITUTION OF CUSTODIAL ACCOUNT OR ANNUITY CONTRACT. The 18 vlo Item # 4 Attachment number 1 Page 20 of 21 457 Governmental Plan and Trust Employer may elect to use one or more custodial accounts or annuity contracts in lieu of or in addition to the Trust established in this Article VIII. Any such custodial account or annuity contract must satisfy the requirements of Code §457(g)(3) and applicable Treasury regulations. 8.17 GROUP TRUST AUTHORITY. Not- withstanding any contrary provision in this Plan, the Trustee may, unless restricted in writing by the Administrative Services Provider, transfer assets of the plan to a group trust that is operated or maintained exclusively for the commingling and collective investment of monies provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under Code section 401(a), individual retirement accounts that are exempt under Code section 408(e), and eligible governmental plans that meets the requirements of Code section 457(b). For this purpose, a trust includes a custodial account that is treated as a trust under Code section 401(f) or under Code section 457(g)(3). For purposes of valuation, the value of the interest maintained by the Plan in such group trust shall be the fair market value of the portion of the group trust held for Plan, determined in accordance with generally recognized valuation procedures. ARTICLE IX AMENDMENT, TERMINATION, TRANSFERS 9.01 AMENDMENT BY EMPLOYER / SPONSOR. The Employer has the right at any time and from time to time: (a) To amend this Plan and Trust Agreement in any manner it deems necessary or advisable in order to continue the status of this Plan as an Eligible 457 Plan; and (b) To amend this Plan and Trust Agreement in any other manner, including deletion, substitution or modification of any Plan or Trust. The Employer must make all amendments in writing. The Employer may amend the Plan by addenda, by separate amendment, or by restatement of the Plan. Each amendment must state the date to which it is either retroactively or prospectively effective. The Employer also may not make any amendment that affects the rights, duties or responsibilities of the Trustee or the Administrative Services Provider without the written consent of the affected Trustee or the Administrative Services Provider. The Employer will accept amendments from the Administrative Services Provider (including adoption of a substitute Plan and Trust) without being required to re-execute the Plan, provided that the amendments are necessary to continue the Plan as an Eligible 457 Plan. 9.02 TERMINATION / FREEZING OF PLAN. The Employer has the right, at any time, to terminate this Plan or to cease (freeze) further Deferral Contributions to the Plan. Upon termination or freezing of the Plan, the provisions of the Plan (other than provisions permitting continued Deferral Contributions) remain operative until distribution of all Accounts. Upon Plan termination, the Administrative Services Provider or Trustee shall distribute to Participants and Beneficiaries all Deferred Compensation as soon as is reasonably practicable following termination. 9.03 TRANSFERS. The Plan: (a) may accept a Transfer of a Participant's Account in another employer's Eligible 457 Plan; or (b) may Transfer a Participant's (or Beneficiary's) Account in this Plan to the another employer's Eligible 457 Plan. The other plan involved in the Transfer must provide for Transfers. The Participant or Beneficiary, after the Transfer will have Deferred Compensation in the recipient plan at least equal to his/her Deferred Compensation in the transferring plan immediately before the Transfer. Any Transfer also must comply with applicable Treasury regulations, and in particular Treas. Reg. §§1.457-10(b)(2) as to post- severance transfers between Eligible 457 Plans; 1.457-10(b)(3) as to transfers of all assets between Eligible 457 Plans; and 1.457-10(b)(4) as to transfers between Eligible 457 Plans of the same Employer. The Administrative Services Provider will credit any Transfer accepted under this Section 9.03 to the Participant's Account and will treat the transferred amount as a Deferral Contribution for all purposes of this Plan except such Transfer will not be treated as a Deferral Contribution subject to the limitations of Article III. The Plan's Transfer of any Participant's or Beneficiary's Account under this Section 9.03 completely discharges the Employer, the Administrative Services Provider, the Trustee and the Plan from any liability to the Participant or Beneficiary for any Plan benefits. 9.04 PURCHASE OF PERMISSIVE SERVICE CREDIT. A Participant, prior to otherwise incurring a distributable event under Article IV, may direct the Trustee to transfer (as of January 1, 2002, or later) all or a portion of his/her Account to a governmental defined benefit plan (under Code §414(d)) for: (a) the purchase of permissive service credit (under Code §415(n)(3)(A)) under such plan, or (b) the repayment of contributions and earnings previously refunded with respect to a forfeiture of service credited under the plan (or under another governmental plan within the same State) to which Code §415 does not apply by reason of Code §415(k)(3). © Copyright 2010SunGard It #94 Attachment number 1 Page 21 of 21 457 Governmental Plan and Trust IN WITNESS WHEREOF, the undersigned has executed this Plan and Trust to become effective the day of 20 for the: (Plan Name) By: (signature) (printed name) (title/role) 20 ino Item # 4 Attachment number 2 Page 1 of 2 Location in current plan document that 2011 Restated Plan Document Initiative is being replaced 457 Governmental Plan & Trust Explanation of Selected Substantive Changes ARTICLE I Definitions Compensation (Section 1.07): Revised compensation definition to address final regulations Article I, 1.01(f) issued under Section 415 of the Internal Revenue Code (the "I.R.C.").. Additionally, Page 1 incorporated differential wage payments under the definition, which is consistent with the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act"). New Language Distributions to Individuals in the Uniformed Services: Made changes consistent with the HEART Act, which allow distributions to certain individuals during periods of uniformed service. {Section 1.28(c)(3)). ARTICLE III Deferral Contributions/Limitations Article III, 3.06 Deferrals After Severance from Employment, Including Sick, Vacation, and Back Pay Page 7 Under an Eligible Plan: Revisions incorporated to extend the time period during which deferrals may occur after severance from employment under the final regulations issued under Section 415 of the I.R.C. (Section 3.02(c)). ARTICLE IV Time and Method of Payment Benefits New Language Emergency Tax Relief Distributions: New section added which is designed to serve as a catchall provision allowing distributions from the plan if legislation is enacted following emergency or catastrophic events (e.g., hurricanes, floods). Administrator can also establish procedures related to these distributions. (Section 4.01). Article V, 5.04 Required Minimum Distributions: A plan provision was added to reflect the 2009 waiver New Language period of RMDs under the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"). (Section 4.03{f)(1)). New Language Eligible Rollover Distributions by a Non- Spousal Beneficiary: A provision was added to the plan reflecting Section 829 of the Pension Protection Act of 2006 ("PPA"), which requires plans to permit direct rollovers by non-spousal beneficiaries to inherited IRAs under certain conditions. (Section 4.07(c)). New Language Eligible Rollover Distributions to a Roth IRA: Language added to reflect the ability of participants to direct rollovers to a Roth IRA under PPA Section 824. (Section 4.07(d)(2)). NRG-4)133AO FOR PLAN SPONSORS ONLY UPDATEDll 02/22/2011 Page 1 Item # 4 Attachment number 2 Page 2 of 2 Mandatory Distributions for Small Accounts. A provision has been added to make New Language mandatory distributions of inactive accounts with less than $1,000. (Section 4.07(d)(4)). Distribution for Qualified Heath. Insurance Premiums: New section added pursuant to PPA Section 845 and IRC 402(1), which allows a distribution of $3,000 per year to "eligible New Language retired public safety officers" to pay for "qualified health insurance premiums" if certain conditions are met. This provision reflects the regulatory requirement that the plan make distributions directly to the qualified health insurance premium coverage provider to qualify. (Section 4.08(x)). ARTICLE V Administrative Services Provider Duties Loans: Loan provisions are incorporated into the plan document, and is no longer a stand alone amendment to the plan. Including this provision does not require plans to offer loans. New Language plan sponsors wanting to offer loans must complete an administrative procedures document before Nationwide will begin administering loans. This document is available upon request. Plan sponsors who have already completed this step are not required to take any additional action at this time. (Section 5.03). Procedure When Location of Participant or Beneficiary Unknown: New language added New Language to Plan Document providing distribution procedures when the location of a participant or beneficiary is unknown. (Section 5.12(a)(b)). ARTICLE VI Participant Administrative Provisions Automatic Revocation of Spousal Beneficiary Designation: New section, which automatically revokes designations in favor of a former spouse as beneficiary upon a divorce New Language or dissolution of marriage. Many states already have laws which takes this action with former spouses. (Section 6.01). ARTICLE VII Miscellaneous Use of Plan Assets that Are Not Attributable to an Account: New section, which New Language provides that Plan Sponsor shall direct the Administrator how to use money received by the Plan that is not related to an Account Balance. This would include any settlement money, fee reimbursements, and litigation awards received by the Plan. (Section 7.09) Retirement Specialists are Registered Representatives of Nationwide Investment Services Corporation, member FINRA NRG-0133AO FOR PLAN SPONSORS ONLY UPDATED: 42222120 [ 1 Page 2 Item # 4 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 4.23 of the City of Clearwater Code of Ordinances, extending the hours of operation at the Clearwater Airpark from 7:00 a.m. till 11:00 p.m., and pass Ordinance 8258-11 on first reading. SUMMARY: On February 2, 2011, the Airpark Advisory Board unanimously approved a motion recommending extending the hours of operation by two hours at the Clearwater Airpark, from to 7:00 a.m. till 11:00 P.M. This change eliminates the issue of adjusting the last take-off time to one hour after sunset that has been in place since before runway lighting was installed. The current hours of operation restricts the last take-off of the day to 5:50 p.m. during winter months, and causes an undue restraint on the commerce of the Airpark. Of those interviewed, only two persons objected to extending the hours of operation. These individuals live in the flight path of the Airpark. The impact of this change will be reviewed and reported back to City Council in one year or sooner if need be. It should be noted that for Public Safety/Public Service, landings and departures may be necessary at any time. This allows for medical evacuation, law enforcement, Civil Patrol and other public safety concerns to utilize the airport when necessary. This is not only vital to public safety, but recommended by the Florida Airports Council. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8258-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 4.23, CODE OF ORDINANCES, REGARDING RESTRICTIONS AND TAKEOFFS ON LANDINGS; EXTENDING THE AIRPARK HOURS OF OPERATION FROM 7 A. M. TILL 11 P.M.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Code of Ordinances currently restricts aircraft takeoffs and landings at Clearwater Airpark after 9 p.m., and, WHEREAS, the Airpark Advisory Board Has recommended extending the time that aircraft may land or take off from the Clearwater Airpark to stay competitive with local airparks; and, WHEREAS, this amendment will allow aircraft to take off and land until 11 p.m. at the Clearwater Airpark; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 4.23, Code of Ordinances, is hereby amended as follows: Sec. 4.23. Restrictions on takeoffs and landings. ********** (2) Curfew. No aircraft shall be permitted to take off or land at Clearwater Airpark during the time between Ape he, ,r after effir-mal s- meet a Ad- 7--Q_ A rA the the time he+\A/ee-A 9.00 p m 11 p•m• and 7:00 a.m. the following day. Traffic reporting aircraft only may take off at 6:00 a.m. with the permission of the airport manager. ********** Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Ordinance No.aZyb$4Z Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Joint Participation Agreement (AOU60) between the City of Clearwater and the State of Florida Department of Transportation to construct a new corporate hangar at the Clearwater Airpark authorizing supplemental number 3 in the amount of $125,000, authorize the appropriate officials to execute same and adopt Resolution 11-10. SUMMARY: The Florida Department of Transportation (FDOT) has agreed to provide 80% reimbursable funding to include but not be limited to the design and construction of a 9,600 sq. ft. multi-plane hangar(s), storm water management in various forms, security enhancement to include indoor and outdoor motion controlled digital cameras recording to digital video recorders and new apron for air traffic to gain access to the taxiway at the Clearwater Airpark. Supplement number 3 increases the funding by $125,000, $100,000 in FDOT funding and $25,000 in city funding. The total estimated project cost is $631,788. FDOT will reimburse the City $505,431. Airpark reserves in the amount of $25,000 will provide the match to the project agreement 94854. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Transfer from Airpark reserves. Current Year Cost: $125,000 Not to Exceed: $125,000 For Fiscal Year: 2010 to 2011 Budget Adjustment: Yes Annual Operating Cost: Total Cost: $125,000 Appropriation Code Amount Appropriation Comment 0315-94854 $125,000 Transfer from Airpark reserves Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 6 SUPPLENILZk 1TAL JiDir ! Fir.! a ti ]CI;-'A'T;ON AGREEMENT Naniber 3 f P eder3l 1 1 Fungi F-'T1 Fun, - r It 2 istanrce NLI rt :r, 7 a day of April TF11 " AGREEMENT, made and entered into this dray by ar i . i the STATE; OF FLOR IDA, DEPARTMENT OF TRAI.. l k 1`A;TIC`,' an agency of the State of f sari i, hereinafti-! r eferred to as the Department, and City of C le . r-li:: P .O. Box 4748, Clear,+ater, Florida 84618-4748 wrii,ate?° referred to as Agency. W ITINESSETH: WHEREAS, the Department and the Agency heretofore on the 28th entered into a Joint Participation, ;agreement and 2008 WHEREAS, the Agency d r-- 'ii o_ to accomplish certain pr: f t i'.:_rns as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in ," f'a,-hj-nent "A" for a total Department Share of $505,431-00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in , - i i rion of the mutual benefits to flow from each to the other„ the parties hereto agree that the above described Joint l- , ti-il t r :'kgreement is to be amended and supplemented as follows: 1.00 Project Descripti )n The l •ej,,ct description is an-, fed to provide for the l j ni r;t'r_ f fion through fl- it:,n l r , iiid it :- of a multi plane hangar and apron ate a it th`, iF. ter Airpark. As iuLL b s,., t :,r, . ] 'l F f1 hi, ..n;,, is devetonpJ t' include but not limited to t,r;= c<, i ac' on of a 98010 SF mi ? Its plan l i,?,r,?-1 .- at th, ( _ i .r to inclul,e --i :?r?-. I water ni r-.r+ n ic r;= ;r , -;i lr?us formes, security enhance nee ?'. ti it I i ? d )or and r-ntrolled dig i!Iai carver-.1 1-ccr rir;a ?1A video recorders This will -ludo f(..,rair tr .fk 1 to th5? ?t iv s The scope inci;.idre , the sip m of the hangar by City of Clearv. "' r is to be L ruin i rr??Ju -- thFv axistinj h?,ri?:jL?r that was put into place it ? Item # 6 Attachment number 1 Page 2 of 6 2.00 Projec. l'aragrapiir f s Paragraph nn rf said Agree r, bringing the Department's revised total v rv ,. 113 1.00 3.00 Amended I Exhibit(s) of se is annender. l err ent'"A". 4.00 Th e: lr, h 18,00 of said Agreement ,tune 30th nn'1 G ,ii 5.00 E®Ver°ify: The Agency shall utilize the tJ C , gent c, c ` I 111, jrrl,'s E -Verify s r accordance with the terms governing use of the system to confirm the emplot n? -i °l i li v (:F-I 1. all persons employed by the Agency during the terms of the Contract to perform employment duties within Florida; and 2, all pc-."s >ns including subcontractors, by the Agency to performs work pursuant to th with tI C"J; -iiient.. 0 Item # 6 Attachment number 1 Page 3 of 6 Io, 4 ;4 1 1 Cowl 'No. ACI. 60 Ei• hereby modified, amended or °h all other terms cat s iJ : dated Afar [ 251,h 20088 and ar)y 5 J equent SUpplements shall remain ire f I1 and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be execluted the day and year first above written. AGENCY d;1 r1,1 F, ,)R T, ) SIGNATURE TITLE FDOT See attached Encumbrance Foram for date of Funding Approval by Comptroller LEG(-[ d I I '1_i' OF VRANSPORTATION lil t:! ION S 1'" Colarsttr P I:., ?,FCpl Transprar,-Lion Development Item # 6 Attachment number 1 Page 4 of 6 I , P1 ) , Co IIo. ; DU50 Agi _ rte AT T , SUPPLEMENTAL,10 11T I T TI ri ms ail integral part of that cen ? ,)I ? nt Farticrpatil nent between the State of Ent of Transpor ration ar r P.D. Box 47 Cleai-v% r: Florida 34618-4748 dated DESCRIPTION OF SUPPLEMENT (Ir c ti' for cost change): This supplemental agreement will I ? tV p r 11i1 1 1 ?Df the (Department ? 1"W10 1. Project Cost: As As Amend-, Net '8 $831 , .l 11 ? $125,000.00 T otal Project Cost -'88.00 $631,788.00 $125,000,00 11, Fund As Approved As Ar-e Net aepartrnent: $405,431.00 n $10 :'000.00 4" t1 Agency: $101,357.00 $0.00 $0.00 Total Project Cost $,506,788.00 5531,7bu.00 $125,000 00 Comm- eats Item # 6 Attachment number 1 Page 5 of 6 •l-,c , . M. MULTI-YEAR OR CUFF FEIN§C URSEME` T G 1 E°`Jh7lN If - f L,?f is a l,- flti- -.r or prequai:fiott Fri, s, h- 4,1 ? "'of t!°Iis agroelll(?M t f rrrid s e 'e I ime ! in L apartments VVo in , FY $0,00 FY 1")0.00 FY $&00 FY '.00 FY $0.00 FY FY i ;J FY ''.00 FY F'Y $0.00 FY a FY $0'0u FY a i 0 FY FY S O.00 FY FY $0.00 F'r' t FY $0.00 FY '1.00 Project years may k ; d or deferred subject to Legislative appropriation or availabity of funds. Item # 6 Attachment number 1 Page 6 of 6 I From: « sent: 1 J' ? Tc. D NT 3 , S7 AI E 01E R_ r? o- [)/ rT 1 1_)E 1 TAT1t"N FJJp'MS r I i_ 4 --L u ,tra wt 'or N, ,ii r T 1 i C c T L L,R 1 01 t, J" s IJ°7 OF 1 41" 06/30/ :. ,...-,'_ -?? ?' ? .. ?. ?' ?: ?.- .?: ?; :t fi• 'p: ? < ?? ? k t. ?= fi: ?. ? ?. ?::t:: x r :may: #: t -? ?: ?c ?.; }: ? t: ? ?:: b: , -? ?t n- ,{; k .d. *. ?. y,: T fi t..r s .;: t- ?? # ?' ?+;: # ?4? F r 1-ption: I F uJR:3ISH EXISTING HANGARS C AND D CI uME *E ?,Fs;i11-T * ?',)UNT F i N BFI ?? ?e Y'-",,R) W I FT E[ITITY "CATFr- 1 1@ r LI' ASSIGNED ID ?*ENC L] ACtiM: SUFI Li ?E JT FundS f-lave n ALL) 55 072020728 11F *750OAt J,p__ 2011 S00 "TOTAL AMOUN J ; =t 100, 000.0 * ------------- -------------------- ---------------------------- FLFNDS APPROVED/ REVIEWED FOF 111 A. NAITOVE, CPA, '7LLER DATE: 3/10/20'11 Item # 6 Attachment number 2 Page 1 of 1 RESOLUTION NO. 11-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AMENDING THE AGREEMENT FUNDING TO CONSTRUCT A NEW MULTI PLANE (CORPORATE) HANGAR AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding to include but not limited to construct a 9600 square foot new multi plane (corporate) hangar at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 41434219401, Contract No.: AOU60, Supplemental Number 3, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Participation Agreement between the City and the State of Florida Department of Transportation, Financial Project No.: 41434219401, Contract No.: AOU60, Supplemental Number 3 at the Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2011. Frank Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Resolution NtelYtl##(6 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize additional funding under a new Joint Participation Agreement(AQ663), between the City of Clearwater and the State of Florida Department of Transportation to construct a new corporate hangar at the Clearwater Airpark with funding in the amount of $75,000, authorize the appropriate officials to execute same and adopt Resolution 11-11. SUMMARY: The Florida Department of Transportation (FDOT) has agreed to provide additional funding for the design and construction of a 9,600 sq. ft. multi-plane (corporate) hangar(s), storm water management in various forms, security enhancement to include indoor and outdoor motion controlled digital cameras recording to digital video recorders and new apron for air traffic to gain access to the taxiway at the Clearwater Airpark. The scope also includes design activities by City of Clearwater engineers, to mirror the design of the existing hangar. The total project funding will be $75,000; $60,000 in FDOT funding at 80% and $15,000 in city funding at 20%. Airpark reserves in the amount of $15,000 will provide the match to the project agreement (94854). Type: Other Current Year Budget?: Yes Budget Adjustment: Yes Budget Adjustment Comments: Transfer of funds from Airpark reserves Current Year Cost: $75,000 Annual Operating Cost: Not to Exceed: $75,000 Total Cost: $75,000 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0315-94854 $75,000 Transfer from Airpark reserves Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 28 Frr7 i --?I 1:)r,^JP t 420, 420, Contrac ,tc, ?I?.r'' ? ?_ ?;?.f•;:.i?G9?,'.i?l'?'e? Ai, ?i'•t!Lmr?°Y° F U-` I d 1_117 1_, Functiofi ' LL Fe, d e r,,'i l No,; t I DUNS No- 7 - - radon No A Ni.1mber: 55004 THIS AGREEMENT, made and entered into this day of 1 i F - '! by and ,_'. -iE the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida. herei ° =r [eferred to as the Department, and City of Clearwater P,0, E , x 4748, Clearwater, Florida 33578 _ ei -,!r.uli r referred to as Agency. The Department acrd : r, ni agree that all terms of this Agreernerrt,,i b completed on or before June 30, 2016 and this /,greement will expire unless a time extension is provided in accordance with Section 18.00. 'WVITNESSETH- WHEREAS, the Agency has the authority to enter into said Agreer c-nt ;?rct to ur) ert?4.e the project here r art?r described, and the Department has been granted the authority to function adequr i' I, in aif -yeas of appropriate junsdivfri.,n including the implementation of an integrated and balanced transportation systF_ ni and is au ihorized under Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, pi s and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the department's participation through the aviation program in the construction of multi planer i, j-rrs at the Clearwater Airpark As req fired by section 215 071, F S., this scope is developed to include; but not lint t' le construction of a 9600 S1- -u'1; pl dne hangar at the ClearwaterAirpe.I<, _k--irn water management improvemI?'Iits in various forms security enf?.r?? ?ments Indoor and outdoor rnotl +n ontn ?Ir,ud diaitul 1-- 111 r°as and digital vidr ? ;Pet r; , and a new apron for air traff -- r. ,cess to th,_? taxiway The s rii E,P Ii clud, s „e -3n activities by the City of Cl . v.,.ir r engineers, to mirror the design of tt -, i:: r, g hangar, and as furfher descrlbpd in Exhihif(-. [ n : v r re n de a Dart h, reef, hereinafter ref r -d to as tl = pmvid D, t •I y and state the Ills and condition ,trich t. ce will be provi d I: u 1 ? 1sr to tr rs iect wil be undt?i is I c r d cc d. ahicthe, Item # 7 Attachment number 1 Page 2 of 28 2,00 Accomplishment of the Project 2.10 General Requirements: ThF ioncy sltal mn7r 1 id coi lei bed in Exhibit A.'" attached hereto and by this refeie it 1 (1, a pl?1 P of tl #I 3 sound, e cCJC1orrllC aI, and ffIClert rila'"1nel. an I 1.aa1Ce i 1 L'l 2.20 Pur'u^r _r_ -] I l X II,'I l , referendum ?Lr El lt, notice or other pr°oc .rc ? lir 1 ?,: " dH l w ti I ? ?,,; ::I,- I ile Agency to - i 1 k =1 1? Inw'I'.t C to under" al 11 c'I I' 1: 1 1 1 ;me or carry it any of the provrsle 's 1 it i-, 11 P ?ency will 1 p ovideo IDy Mw, all attic r iry with respect au any sucl. I .r,°ite. 2.30 Funds of the A gency. The Agency slJ.;',' initiate nd pr°osecute to c( I )n -,11 proceedings including federal aid I _uir i ,= to enable the A - I t I necessary fun , :ornpletion of Oil- ct. 2A4 k.?rr,l,sion o . F'rcic °dinags, Conttrac.'ts and Ctlr Documents: The ",a-n1cy shall submitt :I?c Department such d t 3r: records, contracts and other dccurnents relating to th- I rr 1,., the Cie>pl? i r ?t rnay require as listed in Exhibit "C attached hereto and by this reference made a part hereof. .04 Project Cosh The total estimated cast of the rcject is 75,000 TI is at 11 aunt is bas:_ J upon the estimate summarized in Exhibit 'P" a '. ? J I ?r°eto and by al°i-, reference made a path hel,;t t p I 11 , it The Agency agrees to bear all expenses in the total cost of the protect and an ! Its it wur: -1..00 Department Participatic is The Department agrees to maximum p .I.i-1,Nit on including contingencies, in th pi ?il 1 -t in the amount of 0, 1 _4 as detailed in 1xhlbit „t3" or in an arnount equal to the pert_-ntag,(s) of total cost shown r, Lxl-1,il '1_' B"whichever is less. 4.10 Project Cost Eligibility : P, -,t -:osts eligible for St,t,y participation will be al'owed only from the effective date of this agreement. It is understood th,.1 ` e participation 11r picl; -? is I_ ;,.11-lr .k to: I I,: (a) Legislative approval of the Dep t rlent"s appropriation r,: r i,e_r I 11- dill, 1 work program year thatthe project is scheduled to be committed: (tr) Availability of funds as stated in Section 17.001 of this Agreement; (c) & I prri nval cal all plans, specifications, contracts or other obligating documents acrd all atl _r ms of this A,; c ernent; (d) D?Ipartrnent approval of the project scope anti L: 1a _ l Lxhrbits A & B) at the tsrne appropriation authority becornes available. 4.2x1 pr,-, ,t -I Funding : Front en ' firr1 "it-1g Q is (?) is not ?p?ll ,Nl if ?pr,l 1-:I I; bier=-„t , mt r r cii?ih p 1l u1 ._ o',_the total allowable ip;utl?nr project costs up to an ar..vur.t, i+ d 11'1 of Pri_ tis?r rr in I 1,1 [Ai 4.00. -il pY P is -,,raj. if appl.. 1. percent of the =[? ; r-lt' 1 r- i p 'It: o1'1 as sl"n%.,! In Is 1 , be held ! I-1..,. ... l-'( disbursed, atihe a r 1 i 1 12 comb 1 1 r u ofof audit. Item # 7 Attachment number 1 Page 3 of 28 7 6=66 Pr ,- r ` u jef and Payrnent Provisions: 6.16 The Project Budget: A proji_ ? all-r, prepay, -l , r,e Agency ? , ; lil l y till, p i?,nent. Tee Agency shall rriaintain said budraf=t r cut ?hl [,ii nir l ?r 1I r. ohlrgation „ i ? . l? c -nts of prf Act funds only in confori-nlty w. tl" rl-lget- ect fro I i, i? ll be efr? -to ac, unless it compljes with fur I participa I I ?n Section Lci Ji rt?rnd is appr(,.ed by the Department Cornptroiie.r. 6.20 Payment Provisions: -1i I ess other,,vise allowed under Section 4.20 payment wiII begin in the r the .1 1- i project or project phase is sche dui in tI e work program as of the date of the agreement. Payment wiII he ',)r actual costs incurred as of the da{r I-,:iriVoiCe is submitted with the final payment duce upon receipt of a tin I voice. 7.436 Accounting Records: 7,10 e.,t;t?tr?i?rxl nr .rnr t i, hi.(nance of 1,c:counting Records: Tli l i,;ject, in conformi'y i ?ey-u reni,;nt- ri<r li hid by Depm rnent'q program guidelin _ ???: rdE <- r ate and Local Goverril,ients", separate a' -counts to b,-: nlaintL?inf_ vrthin its existing independent accounts. Such accounts are referred t r. r-ctively as the "project account". Doc rim ..ti-ri of the project account shall be made available to the er .wi ui t upon request any time during the periud of th,? ,' greement and for three years after final payment is made. 7.24 Funds Received Or Made Available for The Project: Th- A,iei -:, -c hall appropriately record in the project account., and deposit in a bank or trust company which is a in ii- b if) r, f=,, .t--r j1 Deposit Insurance Corporation, all payments received by it f - m the Department pursuant to this ' jr - nr; it n:1 all other funds provided for, accruing to, or otherwise received c in a _c _ urnt of the project, which Department pap rnr nts and other funds are herein collectively referred to as "prol t f i -is". I he Agency shall require depositories protect funds to secure continuously and fully all project funds in excesF of !lie amounts insured under federal plans, of bider State plans which have been approved for the deposit of p i cjc t funds by the Department, by the deposit or tt n -I -iiilde of collateral of the types and in the manner as prescribed by Stone: Law for the security of public funds, or as apl r ;fed by the Department. 7.313 Costs Incurred for the Project: The Agency shall charge to the project account all _lic,il Ii -ts of the project Costs in excess of the late:11 ov budget or attributable to actions which have not receii, i the required approval of the Department shall not b )nsidered eligible costs. 7.40 Documentation of Project Costs: All costs 1? 3rged to the project including any approved services .] >ri±rif 1,id by the Agency cr oti lall be support--r-:i L Y : ioperly executed payrolls, time records, Invoices contracts, or ii-u -hors evidencing in proper c. t_ rd ;lie nature and pi up t, of the charges. 7,543 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the offil of the Agenf-y stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, in e c i" s, contracts, vouchers, orders or other accounting documents pertaining in whole or In part to the project shall be clearly l,rlr?[ dIr i, r,_ , E,-ces l- le, and, to the extent feasible, kept separate and apart from all other such documents. 7,60 Audit Reports: In to the requirements bel o ; the Ag,-i:..y agrees to comply and cooperate with any monitoring procedureslprocess,s 1-1 ' l propriate by the D? I -itn-lei i`, ini,11,ic?ing bu_ ne-t lir. iced to site visits and limited scope audits. The A,;ii ?.rtlic-r agrees to cr)rnpl, "cp..r4rtr- v.ith any 7?i i-ticiis, reviews, investigatir?iris, or r,,dits deemerr n- 7 . tn:= State = n ii;tri or Auciitior` General. The _-Y shall retain sufficjrnt e r_:nr nstrzI tir, r rIl-?1ir i , e ti-: - f . ;y Agreement for a period + hr r years fi i it la date the audit rc-pi-it -,;u?,d, art I! ?wil_r tli 1?iplaiicnent ? a such records and workino s °i r n i? The following re ,,,i'i ;L?rnents do rv 1 !iii iit lip authonk, of the Del conduct or arrange fortl.o,:,",lur t Ti I 'd audits or evaluations of scat, fir r , s stance or limit the <vriliorityy of any state agency Inspec. -, general ;Ire o . :7r General, or any other state i {ii ;, The Agency shall comply wil i<ar id audit reporting requir°ements ?d in f iii,it ? red hereto and by this reference made a pi? iient. Item # 7 Attachment number 1 Page 4 of 28 Part I Fu r ,,I =i_i1 I tl ,, ? local covernmew no[: ;rofit org n a as d r -1 irl OMB Circular A-133' x.ncl r; 1 Ir ] annual au ,it aly: t. In the event '.I i2:! 1 - I C r I riore in f=ed I.:1 . i _'? in its fiscal year, t,i> I r 1 ast have a single or progrann-' t -d in acc, i larnce with the trl [ Clrculai A-1 _3, ExhiL It `D" to th°ris at. -r-t II 11 1 ? !sources awarcF 9 it ir; ugh the rr r t_ 11 y th a'-i - I deter Ii lil`i i the j_- 11 ta.. j - i-i II its fiscal year, rr^e I -'gat-hall r.un- I 1jr,l,_ s 11 I,i a,4?ru p in'LA(I 1!,r-de r'', r,.___I_I1 L11;xpartment Thi r1-ill,Iti onof an"irU1.s.fFe(II-I'-i irclsexpended sI- .?ul l ? in accord- i e with 1,1-?e Iir established I ? 1ar,A-133 ss rC / _-i n recipient cr''n1_lu , i I:Iy the Auditor General i accordance with the pi nr 3 CMB Circular A-1 _ J, l t :he requil ents of this part. 2. In connection . , iudil r, ants addre -A In "art I. Paragrapl-i `t. the rII -hi shaii trilfill the requirements relati?!e to au i 1ei? itspci,sil I lvs as provi11 _ i_i `,ubpart C of COMB Circular A . _. 3. l f the rec f lent expends less than the amount in 1, P_ :ii At a % dit ci-1 n- 1 ii- h JI in ac 1_,r-rc- with the p. JV r , ,- If ON' r- r ,kar A-133, is not required if tl e ; ii_ I it el, s t,.? cc i 1i ouch ai, ',he cost of th U audit mu. ,-t 1 Puid frcrrr t,ices obtained from other thorn Fl-! r1.1 -,[fit It 3. -Ll 4. Fed eral awards are to be is sn't ` _i ur1117 11-1 l , l')g ,` Federal Domestic Assistance (CFDA) title and number, award number ?,r,-a year, and name of tiic I ?; ing t ci _il L 19 i ?.r. Ifthc Agency is a rnonstate 1i',:k ? d:-,Ti d tr-n 215.97(2)(m), Florida Statut iiid a real A t t; ,, lii 1I wiing annual audit critic I 1. In the event that ne r ,,ipient expends a total an-1 rt u'.-,te financial assistance equal to or in e .,. 500 000 in any fiscal year, the - i i 1t must hav, a a ingle or I l--t sp _i'''' i" ar I('i fiscal c .r in ; I sn I er,'i'.'it -_t€cn 215.9; , FI rid ,; app 11?_ l c I I f fh? De m1 I1t of Fi? , l 1 _I a ?c? it ? ?- FC) i 1;I I inters 1I`.F7,( iCoc( ll Cir)vernj r?tdl 11!I'- `I oi- 1c? i_' I?' ll?l ind for 1 ('.'i. it ,`,1, Ij' f I l 1,1 r ,1?11.I1 ' 1 the F3 ri-rlr: It If'_ll_ .?S slate fin€+ii I it '.once al' : fiI? l n d ifl illil0, :?.tr t1,, 3Iicial l'?I it I??." ? •'.I I I I Iscal yei t rig Ilf- ill f4[ -.-_ .t r ;r, i.-.iudlng-t27t lli ,1? I, -? li.t= 1''rivedfr1 1-11.11, ;. 1 '.J._ „nain CI?,'. -sr-I 1 r? ,l i,,l 'I, .i: Feder , t p >-Ui ii-i(i o ill:re; 11rc-s re ct 1 a n entity 1T11`', 1 1 I ) ' I tu'Irc. 1 !rl ip{fir', J ib del' I, i :1 Pare 111' -_-ip?ent sh iil ensui' t r_ tl__li ?riil-l"li 4l, f' Ci ;-I 01 11 (? .JiSS1Qni''''fin tcr', p } as defin 1 l F' 1 r 1.. t , l i ' 0 (Ir cal g tal ent 1 I or 10.55 (nonprofit and fc tl )ns;l Rules of the I 1 liter General. 3. 1f the ri-( (_ i a the amount in Part 11 Paragraph 1 1: f'i Iu nct required. If trie recipient elects to condu i' t 111 it, f 1 1e audit -ribs: be paId fr or') the reci1)i r' - c a obtains.d fro w, nonstate entities. 4 tate awards are to be 1, i, ._i ( og of State F 1 1 A? title and number, and yeas and nramiie o rdi??a it. Item # 7 Attachment number 1 Page 5 of 28 "UP Part III Other Audit Pp idrrrinetits 1- TI c "1011 -_l?i' ?Ilc-UP 1 t Ait findings. Pr 3r I;li n „M: Fy si 1E. prioryearaudit `I ICJII ,' 111 ?1 irnj uti! r:;-; :L of1he audit find i is rt-quil?d0 urr-ent year audit fi ndings require cor ,ti,. I- ci_i on n '; ,_: 2. Records related to unr- Of r[ -,I` I . ?;e. r r.J rl ocr? orthe i ?iteis resolved, Acs ? i - r, ds iil_ I I di_ .? ner ??7e LN Comptroller, and tree r r G feral. This di:- [ii th, authc ii'. of _ IE L 1-1 Vi nt to cc i ) a r 'ihe conduct of addition 1 a rev f state financial assistance or limit their ' ty of a sate 1. Part IV Report ubrnission Copies of reporting packages for r ,ducted in accordai with iri_i r ;rind required by Section u2 Park I of it iii,, agreerrlei ' shall be submitted, S B ?;ircnd r A-133, by or o.7 cif the re I i rectly to each of the following: A. The Dep,irtment ate-ii,h of the following addresses: 11201 N. McKinley Drive, Tampa, Flonda 33012 B The number of copies required by Sections .320 (d)(1) and (2), COMB Circular-A-133, subnii.t _i 111 e following address: Federal Audit Clearinghouse Bureau of the C{ nsus 1241 Bast 1 h t, ^1 ,Jeffersonville, Il! 47 1,t2 C Other Federal agencies and pass.-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-13 3. I'n the event that a copy of tri repor-ting p i.ckr, ur an audit required by S, ction 7.62 ='art I of ihis Agreen-[ _-r `. and conducted in accordance LIMB Ircutar ' ,1 1_)1_) r5 not rc I_I ii yid to taw - l lt`:"?I Pursuant to section .323 (c-,, '-) {FMB Circular '-133the r, ?: i .,rt:hall _u1 rii tlqu ir? r!th n n pursuant to Section .3201 (11 and a copy of the recipient's audited sched i ! c Ji :ii° n i Fe ier,_ 1 ds directly to each of the following: 112011 N. McKinley Drive, .ranipa, Florida 33012 In addition, p1?r?'?iarr'. t C _ ct®n 324 (f), OMB "ircular A-133, as revised', the recipient shall ; ,. r it .? copy of the reporting pare _d in Section .324 ONAB Circular A-133 and any managerTi.- it issued by the auditor, to the C f .,, t.rT1? rt at each of the folk ddresses: 11201 N McKinley Drive, Tampa, Florida 33612 Item # 7 Attachment number 1 Page 6 of 28 3. Copies of fin an I ria! C 1 I " , T62 art 11 of t, l ?1 ( lull b+ air behalf of 'the recipio 7t?r I; ° h li. -1 A. The CDe132rtn lentt at each of the following '11201 N. M ,Kinley Dive, Tai=ipa, Honda 33`312 The ALtditor General's Office at ti _ i 1 j idress: r^ editor Gc I I,, `Df fic 111 l st 1 (1 Tel t Tallahassee, l Ic i 1 59-1150 4. Lopir- of rer Irts c o. th '2,r)agement butter required by _.il .1 ; a 7,32 P211 III of thi . A,r it a sul mitted by or on l li of the I i ,° _iirectly try. A. tment at each of tl-ae f_'1-wing ad'-- 11201 ;;1cKin[ey Drive, TamF: r ' , "t3612 5. An, reports, management letter, or other inf ation required t 1,,= submitted to tfie Deparfo`nent pursu;ar, l!'i 1 vii- anent skull be submitted trr,?aely in a -cc x witi Qt1", F -1 I-r A-133, Section 215-97, Florida tf, u l i i id Ch 1;.„ ,1.5547 (local governmental entities) r 1U.656 tnonprc it an6 for-profit organizations), Rules of II e _il' i r Len 1 applicable, F', ill , when submitting fiiar rti 1 1 li -i c,_saeire ?I I:iC C Cl,?;l . ??'I 1[7 g f G 1 r-, Malt uc ar era[, 1.11 ?i ii,d lr IJ 11, :1 11!1 l _ _ - I ? rrec o ,. ., f I I , w 7,63 Record Retention: The Agency shall retain sufficient records den _1 i col, : I° , wIll to 1 -I a ;-f this Agreement for a period of at least fl°ve years fr, I'-ithe date the audit re[ ?i f r uc ; ,11 ?I1 ..-il = ,rt 1 11 or .1_ design e, 1I,,; CT-0 or "1.ditorGenerali 27C7 " to such records upon r ?7u -1a ri 1?'.i ?1 111,= ir, ,,,1 erdent aun t. i ing rats rs are n?ac?r E . a :) t1he Department ss_ 1 ;r reriue f 1 As tfive y f date the auditr - 1 U'I i vl I I 1l} '',e DJ '::? hi-l-1 ]?ds ofcr l, url ^d iii hl r of thisAgn ?Ir '1' 11 nl c r "Ti re i r e el ?-ut-nent at a 9 r of '1iS P ,?. rn r 1 n , 1 ? f `aie c-11r rents an_ r € ' to tlj L ? rl i ,'s general a tl x proles 1 1 I,I rp arlring d( i 11 11"actor and all SL'_ j'k on the I 111 cords of the r ,1' and 1_.f I --tors considered rye 'c 1ALi I ar a props, ._L !,t of ost_ 7." t [ 11'_'tT [ 1r j I I i,_ ?n ?n1` -,o, [ i ? ,A auditfndi I, i1 ] ntatei,,,'; i t li r ?I I I I I Li 1 its or reports 1 the Agency, tb:_° . Hill „ 1 t l °fr i r , i`linJ the reasons tt n s 1 audit findings gs ?3rot?r'1s?Ze ? r ?Ia t au arita6Jdltfindirxg., l? ti 1 cl appropriate ? . Item # 7 Attachment number 1 Page 7 of 28 P, j F". 7.681nsur_lnT:. -xecutioli i ' ll J int. Participatio,i T,lreementci istltutrs a cerlni: 1 ;1 th th ?. 1 a'ICi .III rL ;I:f.i 11 11 y to repEi i c 17- i1y PrOjj I ! I'[111> t Ur' II i'3 in the e n! i !:1rth,' ,-F1 ,I 1 i fi rlltic of 1 or !111 '1 11 eith, 11.11 E it r it - ?_ 1 IT 1 u pr'Ient c! I In 1 1 sill: r 11_- ?tr l uv. i as airport runvv the De It m or i h y oc.llfy ? I. 8.00 Requisitions and Payments: 8.10 Action by th,- Agency, In order to ob'-1 1 any Depal-trl ent funds, ti 1c s . iii-2 with the Depa ii lent of Transportation, DisU-;, I 71 Iic Trarr..i 11 01 N McKinley r- i 11, ., 03612 -rr fcriris pre . 11[ -1 k the Department, and ?!n?,? the project accour'It (as defined I rriphl 7.10 her. ?? iffy and support the praymer, l 8.11 Ir-ci?-, ; for fees or ufr le:r comp, rn, V,ti n fc r or expenses shall be submitted in detail sufficient fora p -cl ,, r preaudit and Postarl I l ?i1re twining t 8.1t! Invoicesf-,ont,a%, ?Il n ;? s shall b,. ,.i in d 11 ?ltil Chapter 112.061, F.S, The CI 1i'iill ntmay e f,-li I ^.t than the ?II_l ._lu irl r 1 1 x112.061, F.S. 8.18 For real property ai-.qulred, submit; (a) the date the AfrFncy acquired the real properti, (b) a statement by the Agency erify 17g that thl r1 y has acquired said real property, and actual consideration paid f,'i F,,-I' i-?i: perty. (c) a statement by the Agency ;y i Ig that the ap p;-aisal PnrJ sr.tl.risitlon of the real property together with any attendant r _l s: ,ion of occupants was _1nlplished in compliance with all federal laws, rules and procedures required by an f -r ,l r,v€ rsight agency ,.Pith all state laws, rules and procedures that may apply to the Agem v ,.- I;ii Ing the r-I 8.24 The Departmer (7bligations: Mil Iui_k to ether provisions her,_ D,,!partnl,-m II honor su-11 regrjir tlurls in amounts and -it'ririr-s dprnr.-c1 by ihr Crcl 1 fmnt to be proper to i n?;ure the earlyln i 9?ut of °.r.e PI ?? ar 1 P ?Writ of the eligibl_ r l ,','r r.l,r_tf,,, II!ti any other provision of this A?,,,I i,i:in ±rl. the D?? pai a-nLnt may elect by notice in writing null to make , I ayment on Project if: 8.21 Misr wprcsentation. The 1`grTI sh?alf h'~vr,, r-,;r11- :,til-lii ofa nI" ti_'ri.-36'I ttl?ri its it-, lpi I ? riicirl, or any suppl, 1 lt-'Lhereto or amendm,-m't 'I' rTIrAf, or in CI ,'.Ttll 1 r 1 I y' doa.l?me IL ?[ ?1?_i? i'Srnl-! lM'J th , ,T`li-ail QS Pursuant hereto; 8.22 Litigation. There is then pending litigation with ir,spc-t, to thr= ;- 1 :rl rmance by the Agency of any of its duties or r!_ll1T,-,Heins which may jeopardize or adversely affect the I it the f ;i i>in or payments to the project; 8.28 Approval by Department: The Agency shz?l tr. en any i ":'on pertainiriij i- t 1 3 projec V I1 il, u:1der this agreement, requires the approval of the Departn-ryt 1 r 11-;s I1 ar rr 1-,t ! -penditure?, u+ i ,uiied resat,- 1 obligations without having been advised by the Departrin i t il -1':..,n1w a' a ? vd; or 8.24 Conflict of Int i{ f a: 7-ere has been 2111, 1 lion of the conflict of interest con'--ir 8.28 De a ulL `1 11,.- iuy has been determined by the DepaIIIrnent to be In default under any of the provisions o? 0 7,d1?- n 11i 82t (if ",!Tp4ic?!' 13 Any fed( project :1l ;?t ce to th 111 t' I of federal - i (?, t I? X111111 a 112ae Depallhv i ul csk d Ilovvt??u L"U-i inuiudi[ly I d all feder; ' I a 1 d ra n F 111 Item # 7 Attachment number 1 Page 8 of 28 n i_ r?<<I, i :`ncfs: In de'r-,'"nirning'the arl nI rifIhl, ? r???sirir?,r3t, pr' ri l r r, .I L? _ 1 it exclUr' iii projects Agro 'm1t, -t I ?I Ii or services a.i ??'I I;I II [lave riot is 11 in tl!? and costs involl i,i 1 rl'r I : J avallab I 8.40 P'-,, tit ?Off "s et: I y claim ?esf.liii n in audit or for work ( 1 ? perFori ? l( 'tl 71(7nts i Mori{ do ",I $4C1,'1 Joie dl'ih i ency It it i t dlroUrlt is r l v ?[ 'III w 11:riIj I I s11i?of contr" th C t 9.00 7- 1 r'orr f Project: .10 To,relinatian or usperi eni if 7 Anency aban3 r".x or, before ct7r'11, -' 1 fir 1 1-1 ; itlnues the project; or If, by reason of any of the events r . niIi I c t 1 aril, 'I I , 111 1 1?Fl Uslve, or t any other r°easi '?' 1 : rlencerne l>'C'Secutlon OF tli All 5f1 it irdered improbable, infer it 11 imli , -,Ib"r nr J1 9-e Depa'1' M,II ir r , id any or all of its chiFi l 1,I-I II e until such __m tl v ,I " I ?r?? :-I- Ian has ceased or been cor I rient nlay ternninat iv or all of it of 11 in r' I U It, el .l I rlt f-, i * .. n f T- n 7 ; n tic•7 - ' 1 1? 1 I-, I ipt r it- Tirgr formination or cusp err.>n II e ,I??,I ???1, II . 'i, , shall pros r Sul -d tieretr wh i e rl l i ' ? r ' ii l i l f ?iil F- t ii-I 1l_:,,-, 1! il! i; Bch ? al and contracts and ,_ I? ?3 fr- Up, I I II basis f<Ilcb tlsenanoir -I I 11C and i the cost of whl ii sire of,F-r l'I 'rrlrl ? uch por.I rl of the frr?,rrcing and ar ? a'iv ?'I 'e p:ilym, ?l it i I sly r. J ass Is di ti_ I I rIl i it '? IlJer the prove 1 ofth- I1 1,'. Ile terr i ate ri ur su: II _thall i nI'1 I -,1 :_;hedule, fl?ia,, d Lludg?,i_ a? . 1 ? I?, the Ell-I ; .n?ent orufr I ? II??I ti-le Department ,ii_ir Hie failure of V to turn) r,ii schedr le, 1 I ?'[ I , Id ' t tit tl ?l r 1 le. The approval of a , r >rnittance by the Agency or the cli Ir ,Fl ? c - ":der,al 'fI `'all not constitute a waiver of aiiy claim which th,n Departmentri,?Y 'il have ! 1 it.1, Lhi IF c:.7?_ i... Tl '--,r: .,ent reserverl I i i ?. I.i=]_,I , II'y? r iiii.el this Agreement r- by the contractor or A le Iic access to ail l?, r. other niaterral sub[ W ilhe provisions of Chapter t 3 t9, F. ;', ll I it l I ?; received in col rjur l Uu U I F._r,?r,ission of F?rP ectAc ouni tl p ,_o[ i:.,,-j,rF i?k??flr,iu of j '` ?_ n _1, Jon of tie and after payment, p i . "I _ ii for payment, i t of all ? ;( I I, ? i account IE- made the Agency Ir Ii i :rr'rrito the Dep7rtnl ally ur 1 _i 1 -1-D-Int. 00 Audit and lr.,.", l ,I ;Ii; T I? s I' r .. rlri'??I 1 11 its contractors to permit, the . epartme.nts authorized repr°ec,'!-ntatives " ,I I ?. Z ?..i,l'',F- J I ,1? orris and to audit the boobs, records and accounts pertaining to the .:,nancing ?r wy?s pr_ 12.00 Contracts of the Agency: 12_10 Third Party Ac rporneTits: Exr ppt aq off s'?r°a _ _ Y, Ir r , i I,I ,y the G the V ;y ; all ncl, Flie any contract or o. '(,.'ate itself in i;ryy+ n i 'I'II( I r4'-i_I1l 1 ' ,,i t of l_ p 1:1111, !-1 l <=1 II )?{,1 3r1 f,.l: I rl' it I F r, Ii; C, l third v l r t all he 3"ll-v i is itself tJh a I1 '? rl' c ar . nsul? it i and to apps r employmenk of the carne. Item # 7 Attachment number 1 Page 9 of 28 r G:: I 12.20 Coiiil ll:, 1 e with C+ hereto that parti,ip t t Ly the Din for engineering arch) cture o° Ch I ,ter"?'7, F.S,, Consultant in the ?n C_ th t__I ?I is, understoe _l ,I ed W ii n,1-,11 r f -,tion ?ir r ? y 1?,J0 Jisadvaniagod L -:s11 ess Ent :'r[ I -!'I L'I ''L, ICY 12.31 DBE I="oiicv: Th_ !`.;_? _ind its cv. tr M!,c I ee to ensure that f dv.gntag';,.1 le 3s Erlf, rprises as defined in-'g CFR P ,d 26, as amended, 1 le maximum of wI,I ri„ .o particl f' in the performance -;ri1 acts and ?hi,.. nt. In this regard, all re Ip '1 I nti -l , ?dl nece.- ?d reasonable in accord ]I I CI FIR 26, - c7 Y nd- I, ire t i r ,;i we the rllftt of l' :lLUil1 'I_,: wii ete for and , .rfi-irm r i d1 -I In71natt on 1, i ?e, coloi, ii i'i n;'' C 1 ? lln _:r sex in the J ind r i 1 = [ i?l 'jl -fit , contracts. 12.40 The Agency agrees t -ny reas It, I c. ,,?se o'i noncompliance based on 49 CFR Curt 26 filed under this section to the Deparlmea.t .,?iihin 30 days c.l r ?_ ipt 4 th+ f cap - 13.00 ResLi,c+iorii Prohibitions, Controls, and Labor Provi° ]Qi : 13.10 Eqi;a! E nploy ent Opportunity: In connection with the + +I -,"nit nut of any project, the Agency shall not discrimirl ite -,_.I t <-tr'y , rnployee or applicant for employment bec r ` r..ce, age, creed, color, i.:x or vatic iial origins The Agenu v? I tal•? Ifi inatrve action t:- ensure that applicants inn{ I1,,-1:1, and that errrplU treaty- i during employmerI vtiitk, u, r gird to their a-;e, creed, color, s--, _r ii-ltil i A cr',?m Such a-'tiI rI , IIcI!n ?e1Iut not be limited to'. the following: Employrnel uI,. -2 ding, demotion, crtn-rft, - rrritIIi? ntor'recruitrr+.r t tdv -rt irid; layoff of, termination; rates of p=lp or other forrll of compensation, ar':-1 _ -Ik_ic11Li f.rtr3ining, inClUdlrij appre I^;(-,-ship. The Agency shall insert the f. rF-; -ling provision modified only to f a ,rticular contractu..l rHl _It1 -I-hip 11' -ill its contracts in connection with . I ? .i relopment or operation of thr I -pt contracts for ... 1r: ,rni -IHI cI ,I supplies or raw materials„ a IJ r'-rIl f,-quire all such c-.ntractiors tir: ii j -Iii I jr provision in all ',sul,i, i_irr_rac;- except subcontracts for standard cool _d supplies o, r. n r? ? ;I: _ 111 ?? involve in ati?, 11 n: 11 coon, demolition, removal, site irr .rc.?.,,t ant, ar sinnilar w, I I,, II Aili:-n sh:i I w„ i I conspicuous a .i 'ra employees and applicants for c -Itfor -?1 V, 1, 1 -1 1_1 L pr )11.1by the Del 4r.m_I it IIn i rth the provisions of the nondiscrimination .ruse. 13.2'0 Title V1 C i,, it F Ic tits Act of 19 4. xecu n r f h Joint Participalien AgreernenR c I,', utes a certification that the r II r amply with all the reguirC, ii'c-nr?, I;nposed by Title VI of the Civil F:igi Its \cf of 1964 (42 U-S,C 2000d e' , ,? kli,ons of the Federal Depr,iIrrrent of Transportation issued r 1_ I_lr_? ,nct the assurance by the Ao r, y^ f: , I su,_l'It thereto, 13.30 Title VIll - Civil Rights Act of 1000: F u ^r rtion of tht[, Jr- i It Participation Agreement constitutes a certification that the Agency will comply with all the r -] iir._ rirents irn, i_Ir 1 _;'y, Title VIII of the Civil Rights Act of 1963, 42 t.1CC 3601,et seg., which among other things, prohibi° -1iscrimin ItIon i I using on the basis of race, color, national origin creed, sex, and age. 13.40 AITIeI sc 4ns v. C ct of 1990 .(ADA): Execution of this Joint I _il,al_ron Agreement constitutes a ceiilfir ,?If,n th-" tl - r iii:J ..I r nply with all the requirements imposed b t'ie ADA (42 U.S C. 12102, et. sect ), the regulate n t the federal govern r1nt issued thereunder, and the assurance by the Agency pur t"r Jreto. Item # 7 Attachment number 1 Page 10 of 28 13.0; 'i-ts: The , eraoy. ;la _ r in cr Ic projc , of, any prop ii i plw r ? i- P,ii,r Oranybusi,if, c?`??hi ra c ; C r C; n officer, pE tr - -,tor, oof, 1 r Ali d li or ew spouse Car" c' ICI, or any cos a r c a I if "Material !s Brest" means died or indirect ov ship of nrcil I'aan 5 percent o` t I i 7i?? of any business entity. Y°he Agency 0;,I 1 Ht€ i rnt _hv contract r ! ant -?r nt III conni :t or any,, operty mictuded of p6anned tot vaith an City ^wlac a . { persor who ate it-3 d4,11 1 ., the Imr I"yf precedln a' .D', .3s Their I i I it , subsection ill not be applicable y agreen it b depc It ' y .I i, nt for utility services the rues ii if are fixed or °I I I ? r or any sagreeni, ,-n.'ueawa:v i1 -gency and an agency of state gu, ,:r, iat. 13.6^ >__ _ _' of No mIc . it I I Crngress ofthe LJ i s s' i a ait l n li' or a rib- i I i r 14.00 Pr risions: 14,10 EnvironI-ent_al Polil iw)ii. Pxecutlonofthls ii-ir ,'_i lcit iion Aweerril itconst4t itiI-iii by the i ]ency that the project I -it in conformance with II z 1 in.: iii -egi I Ill iri _i of any applrc bli ncy ill =_ solely rc°,l_ic I me „?_,plicable envlronli,L_ 41,-1 i I lii I,__ th sprUnrlg U, d1 :I€ Lk- ni will i_.1,1ad__ cent for any lass in I Irr- Ia ;i ,I;i C i 14.26 1 iE t Not O i _ °G ` bird Parties: The. Departn-1- It I I or liable hereunder to any party oth,, I Agency. 14.: It sl I .?1 M? 11 1llll lY I ?. I C, Ilt v li0. it ac h Jil' i to such breach or defy 14.40 How Agreern. oni: is Affected by Provisions Being Fie' l ivnlid: If nr , rovisior. I t is held invalid, the remainder l .Iii Ireer-rent shall not be aJeci _i I,i , i ?iI iras I amaind 4I? en continue to conforrn to the terms . _ requiremer i _. i pli le I i.' , 1 4 f3orir s or or7 il,i A ireement e Agency rr riJsents tt°at it hz i of paid and, t to pay, any b n or in, ii l )r the purpose of q an IP ?I l of its app ar the ire ii i ,nder. u State or Territoriz ° L.a.rru; Nothing it) r? r _ i:ment shall requir, t?orce ! lilt any provision 11ir?I i ?I I i,? I. -1, Ihat if ar if the pr?? Iii dt tl r ??1 a in vAerifi in order" it Gs11 to he end t ency r' - le : it t? Item # 7 Attachment number 1 Page 11 of 28 14.7. 'so and Maintc rs I` I,- Fa Elul; ?L The Agee !!:,I and ;l be use n w(+l fa, 11 I, 1d equlpmc..it . milli i f ?tl Jnt Ly The Agency fur#l agr ire til_ pr h ' lr?, or r „i rd facilities or equipir+'ent. 1-'x,71 Property records: 7 he Agency agrees to maintr . onduct physical ins nd develop control systerns as required by 49 FR fart 18, wla- h1l 14.frt1 Disposal of Project Facilities or Fquipm-nr ti c?iA f ?r,y protect facility or eqi it it dui i1 i?•;:, ieful life for any pue'pose except its replacerriil for public transportation r r .,,I I inply with the teiliis of 49 C _R - r-I lI rl, Ill i1? ??u l ir'da Ti` r = jl_ I' ?Ii.. rt:-ilif rl i l Dtpairtment a r rc[ )r'•' Yle ° 'n i it fr ' lrc pr d s " ill I 'Ili i? ' .GI ` i1ii !1-1, r'. p po t1 n_1l amount shalt ! er ,.;Inlin -i the . of 1 ;I_i firs 7:1 il fi; f w ? ?,_'I ant as provided Ili this Agreefr r i 14.911 ontractrr,ll ,rtl>rrlnlty: Tr the tF it provided by law, the Agency stall indemnify, defer t, 1 il ? harmless ilie Department and all of it4 ofrl r- i?ts, and employees from any t 1 -in loss, dame 7 c ll- or expe[is,2 -',f! In_I out of any act, error I nt , tr F- Agency, ,,,, n ,, or r the perfc,rn'L= --'the Agreement l,?f ncrtii,-r ti ! g It 'rlt` or rr. enl[yes 1r ik L LlrlL"l dlli6 paragraph for any Bairn, loss, I.,, cost, charge, or ut of an r:-,t, error, orni-, r,r negligent act by the Department or any of it, h agents, or er-nploye ;. _i 1. ir- the performance of the Agrees, =nt. When the Department nc`i : I,_rirn fr dai g e s that rimy hav, Ise I J d by the Ac ,= r tiie performance of services i, q ire J IIi t± ih?-,ileement, the Departrnentw;i it I II i?tforwardthr cl. Im t l-l _ the ,agency. The Agency and th, L!!-: Ali ,1111 It II r , aluate the claim and report th I fInl:ii each other,_ 471in fourteen (14) working days and will Intl options in defe ,c Ing the claim r f1 :r _i th,e claim, the Department will determine whether to requi , t I i 4, ration of the A--, in the de4fc-i cf t. :i,-•i , lro rpquire that the Agency defend the Department in e A ; ? is described in thi I Ille DL_ in i r11 ,lli V) ontptly notify the Agency of a claim shall not act as a LA an,, right herein to :ui ,>> the of the claim L , i•.-r7cy. The Devrtr-L , 1tF?nd the III li h pay,l if c•,n - r nse_ f r.hr sl? i i-ri,:l, if any. HOWE`.'H, ii ?1nly ore - I_ laitm z. III- X11 t ha _, r? ru nsible ar y1 I ? -?,ru_s at trial. 15.00 Plans and Specifications: In the event in,,olves the pi-rl i;I i , .Ii err, rof capital 1i_all_rvent or the constructing and equipping acilities, the Adis,- rr-iil ?iurilii t rl Departn' ,I all akl a lirl,-Lt- pi-rrs and specifications cover i - rect. The r` rn r? 'I ;ar?i an :_r,r:d i ?- the h _ i_ri:Ylr i ? 'r'_Il.; ??Cll I ] ,'rli=r 1CEril li--:iJ !. , rl1_y written approval with c ud portions renm?-lender oftl e project deem -i ,.I prop;iate. Af r-s,?l rr n n' s1,_t Aions to the Departments satisfaction, the Del:, ment will Issue to tl -- j .r written apt. al with said i iI i i I the project. Failure to obtain this written approval shal9 be sufficient c.,i for rronpayinent by the Depailmerrt a uvided' in 8.28. 16.00 Pil Completion, Agency c,i I F1; dLilon. The I y ..III f-0i in on or° 1 ?J to it final invoice that thn i:: 11_-1 1 t I.-IS completed `on acuu i tJ,n-.t? with app p.?.Its It, pl.;ce o Agr^racy facility, that a 1 .ai_I,-s tt ti?•I;: iiI the Agency and that 'lie project is al- ,r,l _ il ? t ,?n 4:s suitabl, f I lllil irat i ,ad purpose. 17.00 Appropriation of Funds: 17.10 The S tat, Florida's performance and obligation to pay under this is contingent upcn are. annual appropriation L gislature. Item # 7 Attachment number 1 Page 12 of 28 17,20 Multi -Year onlnliii II ?tz in the e?, tl, s In CT Id has a t .t o+ '1101 r - II I I ,II I 1 I I I I I r I I I f I. I1 _ _I I C(:, 1 t'r l III I... nI r -I,r i1 icceedin fisct s+ Ivices to ,, for i, I i??r,a3"tr lrct"? are for an ?.Ciloun 1 w V#jrt7c'°rtlrll in I 4. 1 f? a period Exgrradon of Agrc-°Tr to Agen-, . r?rr.rn,c' `F i [I w E jencv d 1_ ?I od this Agreement 1 ti period is ,, the Lrrln' n_1 , rl of tht- -i -I! I I.)lished In Section 0C I iI 18,10 Final Invoic T. ; Agency ri submit tl r the Deg within 120 days after the expiration of ti I I I-ment_ 1Q no Agr•eernent 1 oral All Errs USE 1-, 1 `n I th 1 ?iii° sisal! extend to arld inciude the Mural A! words u,r I !he mural forrn shall r I anc in tl jI ;r. Is used in any gender shall extend to and inclru- . Execution of Agreement: This Agrc It : e ii iii I 1 1 in 2 nlinrrllurrr of two counterparts, each: of which so executed shall br i I" to i'i- . n - I'ginal, ar I ;runterPa9"tS together, shall constitute one i the same irl 'trurnent. 21,1 it 1 Lobbying; 10 Federal-, The Agency eII _I 'I that r r,l 11 le fur or will ? on o :.. l'f of I! t ,9,i1 r oi- II_:Iiluencii (r en- p' ;I?I? J rllr 'I ?,r i' r Wonil? II_ I fl 1 of ,1 1 IJ7aPk, the g r l l I na g e l 3 1 1 ' , 3"1rl 1 _ corltinu r ? i n i , i dnlentorilly 1 r ? I i l l ':I' of arty eyji I,i?•Iit. f+ t ral contract, grant, loan or 11 1IV funds other than federal apl)i I I funds have b _rn paid by t to any 1 -r f, r lnfluencl ll or m Will to influence an officer? I° el of C _,IllIrI ;1r an employee of 1' , I ? 1 Congress Ir9 LIIII ,1 I F I„ ni 1 rhail con')plete ar,u s II II 11 3t4andard For`m?.:-L, `C 1 , o?i' rt L r1_1 ' in ? nce with I ill is, The Agency all requl of i,l-li it at all tiers all subrecsi I.S'' '?II c l ,rrl'I, ; 21 .20 State: No funds rt I _I -scant to this contract r1'7a;, i l I I gym, lobbying the Legislature or a state agency. Item # 7 Attachment number 1 Page 13 of 28 ? ,1Ca.i : rr, 22,0 RiL11 : end ors (in I ? )cu ?,; ? t 1 p T1 ? d to I 20 froirr the latter of thud tl ? I I of d oi- the ( I I I )e cted nl J If - Jot aval . ` le =r tll :' 1 [III 1 and al avai of g 5 and f -illy t?LId L it . n. I? [I,- icy, 1: 1 h -*1 ruillu, its paa e`Ii In jai ,_ li i , to III I' n ? fb'__ I a*vend- II.? I erI gill 11 -1 a -1..1 .-, I n tIl- I is-III Fhtr iilv(- ? payitielit iequi!l I Ietlts ou rio in unill a pioperiy Cu iw I invuic.;. III the > 1_11 I l di,' A Vendor +mbudsn -iii 1- 1 .i ,. I l t o f., l of . A ill 111 Ic ?. ? ii du 3 inclu+le' l I d` , t'1 c ii I_11CIiri l I I in rI iIIII y Depait,,,l w Th, V, f iil { I y i C 41. ,II. 23.00 Public Dntt , I Iane: A person ci ? r II .,lu'I I I on the convicted _ndor list 1 1 a conviction for a public entity ci in I may not submi e DID; n cuI I I provide any goods or _ ;a'o a put sic ?unti.y', I"r"tayy not submit a bid on a "i"t a I u iiii y, I I -iii or repair of a publi ; r)r public % ork, may not submit bids on leases c? •e'il property to , I ::lic entity I-I .le awarded or pe-fc iII . s contractor, supplier, subcontraa irli, or coIISLII „r: ii Idl.-I .i- cc-III ir;: vith any I ?Ilic nt ty, and may not 'r<r' ..ctb I. III ? th any public entity in e? c- '--- thrc-l-wYll &-)r i.Int i_Ii ?i in s. 287.0 ? 7, r . ?. for LATE GOr?Y I .`t7 fl,t' ? 1- ?luu of 36 months from the cI?II? c;r being pl rI c,,-I s _d vendor list. 24.00 Disc, rnttr-icliI..'n en.ih ?.f iIia'l- ,rho hati I_ I l l- C d on the disorii 1-Iry v ?n11 I ll.;' I I I rig a laid on a cclIartilI:_l to il iv goods i ?r ceL, to a pu.,l:I,; ? ,'Ii'", 1;1--y not suLtnit 1-,1d cn n. G??h it1, a 1 lu _lil; entity for the cori.?, i uction or r?pLlir of a pui iI ? b_Iilding or pu! 11," Imay not submit bi i , iil leases i`_ real prci - it ,- to a public entity, may not be a\ i - _; . r perform work as a con_r C tpplier, subcontractor, or consultant under a ontract with any public emit,,, find iiia? I - r transact business with any I entity. 25.00 E I; : The Agency shall utilize 11 - U, Department of Homeland SI- c !rltys E -Verify system, ill accordance with the ',_rimsgoverning use ofthI= 11 111 to confirm the elms ;i,?iit ?tr:II?_III:dof; 1. all persons employed by the. Agency airing the term of the C .. ti_ _ I.? pi_rf ins employment duties within Florida; and 2. all persons, Including subcontractors assigned I n to perform work pursuant to the contract with the Department, Item # 7 Attachment number 1 Page 14 of 28 Fir t D Date 1N IE F.ROF, the parties hereto hav ? i ., 1? ? ? j L Wx t3 yea ? +r?tt?n. AGENCY" FDOT i., f C r Form foi- date of Furidin 5 vas F1 i `T - t TM,E Item # 7 Attachment number 1 Page 15 of 28 l 1-l,! : I ?? C6 1 Pit j i?^ This AN '1 Vnin ?i K "Al Al aft ? ?.I 1I1 t 5111. Il';II ir,, IticTI _ ilf between Vp -, i C I as '1 Ui.ThlJ" O I m and 'I II Ciw iii',1 11',?a"a1. IM Bo 4, Cl;-ii" -,-il J. I J 1 ,.`5 ,?8 1',.i ..I.1 -d hy fl-c above Financial Fr(ject N I,-;iI',l,:?r. P1 OJE :CT LOCATION: Clct rv, II_, ., ;'1ncIIis C' 1i,;t, PR IlanT W MRIP1100 To pri i:'k 1 r Or lW[ n1MI, qt'- arl,I:•iptti,r. fl-c a''Miinn 7d\ry?,7 t,a lea die & K v v nn 'M_rM it HI A It H i A l1dC" C lw"a14. i Air 1 it LI "111 - ludi-,, `? l)'1-li ) .'I - ,71'll d'.n pars aph, A50 o Ow .'tmmm vh fI hallph .1 t: ?-, 41`; ii l-,;L I__ ih II 1 ..jjf'(I lll;L I `l? i'1.11-_l;rt,l` ;.'? ?i'•`t 1 1 AC'1 ?I Plti ,'i_ Mi11;} ?'r ;l_ I',?;+?' f Wit' 1 . I If,' 1) 1n??,111 11111'1 II ?'1iat l to )d tli( ii-,,liit lit ?l 11 li 1.1°,' :i 1 ? 7A1 l .'ll I N,i ,?;']kt 6?? fl 1 ','_'.l ill i11 lml l;} ? on i3C1 l H Ku l! .l ltd)n IIl?1ll "p, r''hersoul, ? ':`,lll1 rccl11 011'' I'I;tlj? :,1. ' ?: ?1I.1 1 X713 '. _ li,I ,+]111 Ill YlJjj--11-1"? l'7t`1'It ?i, >TI Yl "11" L 'n ld w L: H il-,?_ ._1.'S ,; ?l? 1'. 1 . 17 re I l ,l_e ,. ,>~I h?_?1 1 ll li.,l i ;ter reci 's t k .. w _',1 1. ?1; ?CUI h }:,?ltl .:tt? ?T 511 t?u? 1. ll? l t t l l ? ' " t ' . 1 1 ! 1 1 f ' : . I I 11 n t,l I1f1T?. f'll"; 11 'n iMall ?tI I . rt tll_ I 1 P ,1 11 hI 1},._ tltt°4 Item # 7 Attachment number 1 Page 16 of 28 q7 Gjcs :A 441 3 ?' • y the above 1"lncknci.al P. 1' ,r nber-. . 1, PR( JFIC T COST' 1-(JTAL PROJ C 1'C'OST: $75.000 IL 10N> ?: I s ir'lil I, CwP C: ttv:t 15,000 y d JR]. r (DI.) { I: I r° ?ti 1`C )'T' L 1'ROJ1 C A' - S 75.CI00 Item # 7 Attachment number 1 Page 17 of 28 1 Nr VI Tr tr P -'LACES FI IIJ ??"'b r a w a E F 4 l6- - I '; ii r_ L Ill r E: A. General 1. X11= r r17 _ h -1 r I ftte Jt ??. rt ?re1 s?- r '1 "i '1` ? ir"nerltl E ? "t >? ,!€ uirurll-,l -t uthorit~ {f1 2 -11 - ? 1 I, rA= :li . ?t? r I -imitment ?.ce -apl 1 ,vr?ions of C? E udg r. well au 1- h;l It F r j 1''otecl perbll:- ii n-n -ur-and I e 7ti- 1 mf of the I -;r Avrat r. , <,tem, 3. Th r y shall comply with the a , r aces as in this Agreement. 4. Tk ,II and assur; es of tliL, it shall 1 I . li 10 ? ?iI t hrrcl;:? ti _'lj1 life of a ''Ill I- Il ; facllit, i1 d, eqr. it qulred: r Items a , , I r ar ? ant or noise I !I I, comp y program I )j t -hall r,ot ? yea I - 71 5. hall be, illy it ?trora on W ,n , and UI,_ I tr ?t r =1 r , clus. anhl ?4 I, I''. Rd?vP nr iI -Ir-r-ty is us -1 as. Fse.IU6 2111!-'ll. I T I I -',._. I 11-1 i I , ur.. -r f 'ie terms and assurances of this.nt with respect to real property acqui._d 1 i by thn_ ?f Florida. i, Subjeu-t to >atthe Deprlrtr, null continue to compy,, 'ln &- FI n ?IiI con, €-,;l r,?1 'o th1- I 1 c1 under the terns= r,` c, ',,greement, unt!l rnnc as the Department rl 1,-,; I r,nine that tr1 Ag: r ay h& 7 1 d comply with the teri is ,' t he Agreement an ! -'I Ui 3se assurances. 8. An Agency tha k een determined by the Department to have failed to comply with the terms of the Agreen 1 r ir', these ass,. . , s°iall be notified, in writing, by the Department, identifying the specifics of the nur.- ccinplrance and an, cc -otrve action Ily the Agency to remedy the failure_ g. Farlu. _ bw, ;i' jj- Cy to s;? , i rly? r-rn d the r-m-compliance shall absolve th rr?rer€t' continued tI n rnr :l I,? n1r 1nrn-? ? -,, r-hi p1??>j_r .ni ii-I fil 1?, .viii - the Agency to repay the Deparun(_:nt the full amount of und wx 1i F rtin1allt -;i1 i-,.rte prof' 10. Any r,rstui y -? ?. comply wlhh the t,-I 1 eligibility for furtk ;ar 1 intg of airport prof 7 a i:l _ nt and or assurances will jeopardize the Agency's -'ent. B. Agency o llartue urtificatinn 1. General Certification: TInl- ly, I - heret 1 3rtif1 wi'h r ct to !'w, - r-elect, ,- .I -:I cply, Wahkr l_ t , with all applicable, current law s r d rl_! I cf the L i - ul FlorJ_ d 1011 ?rrbrr?ei It, Li!l Dep,. ir.., nt p l ? ; guidelines, and requirements, incIudiI but not li€a-Ir-;-f to the fosse :ring: a Florida Statutes ..} Chapter 163, F.C., Local C3overnI nmr4ri, rr wive Planning and Land Development `,fir F.C., Aircraft: Titi+'; LI-- I- F.: II Liens C11 30, F.C., Regulation of Ai i-11, I I 1.-, g Airports 31, F ,S., Aviation and Aerospace Facilities and Commerce I.c ,i =r '32, 1= S=., Airports and Other Air Navigation Facilities 33, F.S., Airport Zoning b. Fl_ € Code CFA C Review of Con r _ rminatlon of I e 14-6(!, AC, Airport Li' e F rotectron It2r11 # 7 w,7 r; u w ,. :;, ) F AC {Open „ .rninc I --hlk.Gt;on t-_,',.J Airports Attachment number 1 Page 18 of 28 °f. b ?' I 1 it rl ? Ai poi c Local ?_vernrnent Rectuimr..W 0 Aiq i ?. Zoning .. 'ii-ance d. C i rs to Buildi g ? New Airpon, 0 Flo ja Airport Financial Resource C , a Flo J , .". ration Project indbook a C r Airpo3 'I 1 "tannin D C i fo!- flan Dear( pment rr J r , -tiff done The Agency he is i to a di, ?11 fi; 1 will cornply wit I', as FE ; _. I 1 ,!,on (FAA) Advisory 4 ulars (v- J` W !i` _ - L W, 31t6L1uihy i Ut nO li9rlt??ya ez, :?I; I I is III . a e_ P'? quirev- -its 7 J_ 7)-1, 01bb,Ii i: ii arking and Ligh - FAA C I b. Local Government r Local Building C(_ _'-s • Local' Zon=r~ C-?` c. f . ; rt IlUn 11 ?7 -t ,I ?r r L r`u?rtron rice for and l Ihways (Common i I C Manual on Uniform -I 1: ,". itrol De k- as Section V. C ,Jnirnlstratiue Cc id ..ii ik? I Airports" tandar ??i t rur f?I 1! W, i 3, Land cqui itior ??wr ll?? h; _r _J_ .gardln ! I;? i l?iat it will comply with applicalb wderal and °inn but not i I ' tl ?' )wing-. a.. it __,- Uniform Ru uc.atior Assistar7r;^ P..eal Proper r ?ition PoIic. es Act t,f „ Nation F,i,,i n?I FA, . nor?tal f'oli Ii ?d foi° Airrpoll F r FA 01 lwand Ati:?.juj end I Ir Requi Ch-,,.AIer :% PLO , Eniinc,nt Don-ia n Prf r)er.,Cy Acquired hi, qh Cond-Ination) Cif r . ;, FI . Pr Eminent F _ I ?r n F. P 1: neous C. 1 y Item # 7 Attachment number 1 Page 19 of 28 211 AT IAi1 I ??` Ji P4? Cra ?. l h lty: -r r _111 this h !11I_I,f that it gal l' or nli' 1 I 1,11 1 I iar w£ri ?. „ of the alrh Ig 1 1 rin qnd uyl h the r t 1 eh If `h 1 J to thi t 1 -?1 1 re : reed. 2, Financial Authoril,,. °I t tha' fFcient funds 2v it r n I t I d f Florida; that it has s ii, 1 1 it [?1 ?r )ndrra r? d i icfml it will contro. arr?? .! ,3t aut l n :' = ii rt spt7r s-i In ul 4tip tills pr jI ot. D. . F espc i The Agency heri -Ji-tiles it currently complies with or will comply vvitti the folio wing responsibilities I. Acco is g ystern a T i ncy shall create anG" I I in a separate account to document all of the financial transactions i _k to thr I I i ii: as a Iir¢i-ct -Itity. cof shall be kept I :y tie A r- _7_ ' I:.(r t ,1.;11i Principle=; id in an Ill tlr i III fi'r',"mot Will ,lL an , .,,,/e cu(,illl i,r Mopr? 7r U tii1irl-,?\uditActof911?4. o o @epart r _nt has the right to audit -iidl inspe lr l,r, rI I., rE:'ords of the airport upon reasonable n , Gooch Title a. The Ag,-nc, hcl-s good title, satisfact+ r, F' I it - it to the airport or site thereof, or gives ; satisfactory t; ;i Department that goon titip h uLt In _I b. For noise corrlpatibility nr- irnt s 1?";C;i to ken c?i tom: Fr ii the 1-olds good 1, y, r, ; I I ?r .u fu:rds ed, or title, satisfactory to the Cr; ,r? ?err_, t ; i [__: on of t-1 r? gives as c satlsfac - ii) the Dep ment, that go,-,J a a. The Agency vill not .-.,e or permit any action which %Nr) 1l ; deprp f Pir- r rf'}o_ ri , r ,li powers necessary to perform any or all of the terms an t17is ? - ' ' approval of the Department, Further, it will act h'lomptly I 'I I, , 1 _:Xtl! 1) ulsh c,,i:? ? r i _;. in_?I11 Tic I 44:i to the Department arty outstanding rights , of right of I_?h rs which wool l 0 11 i h i e with such pertorf _jn-e by the Agency. b, if an arranger? It 1` ml-de for rrr?n r l ?t ,-.1 of-> ratlic.l If -irp -, h f wr',?; qty ?el` r n ill 1 1 r? ,l Agency or an cnll:' of the Ages c ,%ill r;ssi ,,, Lj`ii ii-,tit tf airport will be o, I lid maintained ;n ro' n e with the 1 . [ii ill , assurances of i.h s -°ri r1,-ii . Hazard Removal „;f Mitigation a. For airport hazards located on airport controlled 'rrcl rh,, the Agee, le<r nr, . ;rotnct termil-1 II -- reglu red for instrument and visual opcr-?rlons at to A IinClUdir J li nin rnii ii flight 877ti 1 J , I, ; p° lowering, relocating, rm c.r lighting or otherwise rniti?,: ir existing airport hazard -f1,] by preventing the establishment or creation of future airport hazards, b, l'or airp „t Iiot locEi i airport controller r-'1 thl vJ,I ,.ork in I II _ i'Dn ..ith the Ti i1' rl. o'r C.1 -I IIi iff" CII ' l r,' 1 gulfdjills Vl'?g„ 1 ;, Ifln i Jr f airport h ? Till the v _ u f futu r enter into ai i rounding p1 ? L . gal r remove potential haZard to air rl I I. Item # 7 a. The . Y af c 1 r,_ 't ii- j al ws are I i i F,S ?_ ning", t fiat it will ,I'ir.;te action rv ssary t I I? ?wernrnent Attachment number 1 Page 20 of 28 i l ?t Isor al', adoption t ?lon of an c?sf"Cif.' r ar§ce c =f n e I ' ',, I 1 airport 2 I Ili I tl b- I1'y ral n _ r+ , v'ould aduel i nt nur1_rort a II 1?1 i I ???e?t. t _4 =1r I.1 of It _. d 1 I 6" o.. 1 ',ova.i.la,ent Plan a T1 1 project is con-l- c rr f. ?"a-111n,H , X1,01 C eV ?4 ,l It ? ? L , the local 'or t1 I,- I j, rig the a1'"pt h The n tl?at IL hE ?jven fair consideration to the In' t Ic and has had ss r. 1' I I ' I 3ffeotE ' y the projE t. c, T: 1 ico 1 .1 ??arQi r . d warranted, to allot it i -ant, . ? Airp(;rt I- FI n into tr t -.1 i ar°po t L a. T rssures thE' _j )y the tern and assurances of this Agreement, is c ! lent With the It pproved Airport Mast -r ' I IT t TI assures that this project, vered by the terms and ass --„ f this P unt is cronsistent v" h 11 11 l roved Airpc ' Layout. Ulan (A _I „ which shows: il- t i) he < 1.. : it oaf th ci II l additions then of all il'i_ ;e own Jr control le I L I ? pur r 1 -,es and , r The i .d -In and nl?. iAr pi I! I 1"I :ri es and rrr 1 taxilway, -r ri rir? p s i rli propose wcuom cfliti? , existrnc aiii:l (3) The >n of all + 3rd proposed n, I =as on aii and of all existing G, ern FL 1-ion es or alt''' n=?t - - =? - - rl i and the Airp Lr=F, 1, . C .Iry? ? _I 1 ft.` d Original Airpc ' Flans G d Airport Layout . I rye r I )n, or modill shall Ll I ^o the al_l I I 'the Department, a fres that It ii I i in a co :I I financ l ri 1 ni y Ili'- ; pf°Opo C' I >it imprc Bents Identifle-l in the Airport %I t the A I t Layout Pia 1, -ind any f . thereto. (1) The finan+ plan sl l art of the rl 1 t ti-i I (2 I h- I n r 7 r P d local f in l 11 ! lic a of r' (331) TI-1 C ? t ndin f 6ch are in with the local gov'ernr7ient c ? b_ II p ect cost estimate ccl aired in the i inanr;ial p r 11 pftal Improvement Program (JA IF) onlin 9, ! Item # 7 "t ?sswes that t 7r r lent oil, 0 h :osts of the airport ti c a I Mfr t I 0 1 the Attachment number 1 Page 21 of 28 s m ANCES, I- or operator If the airport and Which , i rI i V i ie air i of r, ?Dr for environmental ? n i I, tior l I?l '! , 1 11 I port. 10- Fee aiir1 ii :id , ? ii tore Will rna ' i? e and r nI lur faciliti , pit the a )rt that. Will n ''I, tf _ i, I n IC L' I eS l l; t If this Agreement results in that the f ice charged for that fa ill : I 1 ti c. Th,. y assures tha l r y leases - I ,.?s shall nog i period of 30 year 11. F hh, °,I,ate Pa ii:ers ip for eronaUtlcal Uses If fi C i r - =.'in C< 4r1t1tV that ci 1 r 1 lll? 1 ic' Lena t t It an I f,; f I r for a,.., ?c, ? ur d'1? _ I Ix „ grant to _ aircraft o r t = th Su $? i 3n facility as the airport owner or of later ma,, it lo the Department. b. Duration of the terms or conditions in Sec 1a shall nr i d i period of 3 years. 1 7ns,rlo Nondiscrimination a. The Agency assures that it will make the , Tort cii .[ '-x a,; an drr_ - t ri?,r uh lie; _a on reascr,,?sl ter without unjust discrimination to all type. t f ae? _.I ac! i , r i r ?cludrn(i :r 1 aeronautical activities offerin=, : ervices to the puLI (1) The sponsor ni e -' ,I I h such rea?,or,, I_I-; "; ,d :,ot 1. ,-tl i-ninatory, conditions to be met by all risers of the airport as ins., be necessary i ;l- I f 1 -1 f operation of the airport, 1, 1 (2) The sponsor may prohibit or limit any gi J 1 kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the f'+_i1? 6io. b. 71, Pi? L! that es,; 1 r FI, J Operator (FB ?! <i I i rr ,.I10 tfN C C? re174u 'girl j:,s P's Jr, l.'i ?I' ii r?fl1 f ,_.Ile i.o all ether' FBU,, el,. i' II i €l''%llc or aii-Yi1 it alrpol1 ?'ah`? ?1 r','ll 13. Air a " Quality Ew, r , ...,,.r The Agency assure ,1 t in l r Jt -ts in,r iv m ci,port [r~ a" nn, i h-t the project will be local r 1 l1 _iu?ned, rUdo :ilta stanc_ i ts. 1. and Maintenance a. The _v assures t' 1t the airport and 4;01 < ? s, which are necessary to serve the aeronautical users of the airptir i 'I Le or-ii at all times In a safe and serviceable condition and in accordance v I the minirnur stanr al may be re lu€red or prescribed by applicable oral and state agencies fc r end opc-d >I is well as min ill standards established by the ?' JI i 7 ent for State of Florida hoer I u'v L f r ?rf ( - that it will not cause or permit any x ?r acti sn 'h hrcl Ir terfere v r , ,i, -zses. %'> nr air.' , l ?-ol to temporarily close the ail ljurt for non-at ronautical the I'rI 1 _il, have arrai u?,ments for pronlptly notifying airmen of any condition affecting a nauik rt, b. ,i ,e construed to require th ni J rl i ` aeronautical use during to r v. gather co[iditions interfei Item # 7 Attachment number 1 Page 22 of 28 d propr,a fu i.; I cal the ail s,'4 I i I I it !I I h 1 11' r' _? r r ?? r'i P C, 1& F pr i I 'Itures or incurring 1 t o this airport r=ent:, h lency auhjcct to approvai by the Delp; r;r t C istrik, c. I , 11 of the A" ,incur obligations u', I .hEe Th t Il i perl - ,isivea right for use of the alrporl by ally ? 1 providing, or IN l w Ij I')Iic- 1t. , I I a. The a r that i -11 not grant or I c, or pubf1_, I Of crosses 1 7t line It, ft I, radr I but n' t I I it, I es, I, C; -I oil 'rovlders r IC_3 F n to the public with Ilii ac ' c h. T , I-I is I 1 ' It will not grant or all, , I 11- jblic access t 0 in of the H A -J I I Ili I r , which is not + v.,r '1i ? erated? I Iatropled j^4 r'. vithout. pr aI 19. t T uninber, or o' I u 1, 1 p aril 1 r. 6r tl I I_yr r- _r a a r r ?- t of f p]'4 al ?,Iart :Dr r_ ithout rl i approval Th . P'? ii 1 1 ?t Iii-1l the It ?!r )ort-conipatib ' ? I , g. r I A, Cost T parkn?ent .I<I a' r - r I 1 rsultants, contractors, and Ilrractors for 'call or r I -P project II -ill F ?I I r,r, subcontractors have a I rd of poor pi per Ili, ri II the DepE I ?I ;'i. Y Further, th, 711 r ent I I I I rig i.he proposed I ? ape and cost of services. 21. Plannin ` _. If thi p' involves planning 4 ° -r „ J u Will' a. L c project per t ,I r ns. 1 I Ie Department wt'i_` Ity le'poi l III( in the approve sco vl-,es. C II n ' available for ppi view, _ ? ?-;.I 1 ? 1 :, Ill , t t i to airport r',t 1 u _.L Item # 7 No rrie p u I :I die UniteC F rl , country. Attachment number 1 Page 23 of 28 Al 17I't r c Grant the Departrr:ent unri, r I'1 t I :1 i! and ;e any of the . I prepared i 1 n'_, If the proje i i 1- r "1 r an ,1irport Layout Elan, and any upd I th : will be' consist( I I wiH Ldp ti'l ofaable futu of tf I 01111 )ly With the r III I .. 7 (1) Ie dectrc'nic and r the F r tills°?-cI "€ f1 (2) Develop r c!I )t° II the proie4 1'. I to the Airpt- ',17 L . 1 { 3 to. °1'he ilr rlclal p :,-in . n ?il id local ft li i i . ral fun (Enter r contained in tl c ' fs: plan in the Joint AUtC .I ? I ? ?". .i 11 1t Progfann (JACIP, f, The A it Is and agr, r-. 'in 1 1' ? ;ar'I_r i - of this I 1 t .?greennent or :iy 1:1 :iii, fi ° part of this Ii"7c I of imply aI f 11 II = OF Coll I,I I'II I d part "'h- F ,_ l r'it Lu approve any , Truing of tui:ure ap li: t I ?. g _ -y mill subrr-lit feaster planning iii( final 6 I??I f:, Dep ?I f I rlt and, if r IAAA app . r iu=i a ,, ,?,. to the I rl rrlent for [gay l i I hr The Ue, a'i I 1. I y t',1' 1" the approval and If7 of gcc4' I J', allow for ad_' r' tin -, f':r jA22(1)F.S.)-% 22, Land grais tluvo Projeccs If this project involves the purchase of real j.i° l.J ,, the Agency assures that it wrll. a. Laws: Acquire the land in accordance wi-11 federal and state laws governing suc b.. Ada 1i trY :-i-: Maintain direct control of project administration, including:. (1) l l_]L?i I espofns ? i ii nr all related contract letting and adrninlstr"ativ - ties. (2 :ure written L jr ,r l"I.I :ri. approval to execute each agreement for tl'. purct'Y se of real property with any third party- (3) Ensure a c;Li state certr ied' general appraiser pry . es all necessary nd ( it on. .1 Furnish the D-partmPn! i'li nrn ;t schedule 6 and a cash flow pt,,jt:ction within 'J calendar completion of h ?-_,I.a?; of (5) c h a project accaf_tw, for the u, I the land. (6) C-111---, It and disburse federal; state, and local pro;!--t funds. c. Funds: If funding conveyed 1-,, ih __ible for land pur i actor-- -i 1 C hlpter 332, Flcrirtq. Statutes, the A?I,_r .a Il cc I' l II ,wing requirements: (1) f h r , hall IJ r", Airport 9n provement r 'i I -i nt for the land purchase within tf days of to 11 . (2) If feder-l tkA.?. I?i_,'Llfy lh,'?' wlthm 14 c lei I( _I;c .I:,I` II ?_ t eat within , nor pr 1? _1_ Ial 'f'unding sl7 3 2, Ron s. y: fund r-1. d for the lanai purchase, the Ac I i I t;I I _hin II 'imbursable funds are to achieve r Ii 'Inl"; local ftl 111g (,` nd QI_ _ Ear e li.. w. C F I'. Ini ???mul'1' 7 .. Ldlv..: n0 r f nn U t r Attachment number 1 Page 24 of 28 iI marl [ I AVIATION S d Irporf: If this profoct involves the ,r ? AA a nei? I I #I7e s that ' II: { f ?I const I apron), and a I C i late airporlL It r e ?I I . III .Ile 's'',°Itt1rrt lh' term It f. isp: - I t ,;cordance with ti ?I thls ii Ff7 y ass, ?i the f I) ig: god for airport :'evelopri wl r or noisy, If : no lotto I J for such. purposes, dispose of st, 1'; I rI t ' Iie Deeparttrten. n a:!iount equal to states proper (2) Land shalk be 1 1 L? n II ' f? (?? It =, ?_ I, I i I I ,, I I I I 4b1 fr -n uses + ?_:11 I 'C1 ? I -,II I r31 --, n of ]and un6 Iota 22f?l) (2), above _II ? in ( r ? . -'!_on ?,, -- ki.[L: or right therein rr r ensure such land will only bI_ _I ! ? ? rx "V8th I I I related to airpc rt c r- I, r For disposal of r( :. -1 o, lurchased with D..'epartrrre f -,.;.11 ? j:. (a) The A c - n(v I I I lil the Depairtment a jJPoporti I i 3k 3?'1ount of tl `,, }f the sale of any airport f :'1 1 1::1 , (b) T h ?1 I ional x'11 -I r'I I-I rI'I I the ratio of t I i':n A financing of the 11:; in of tlii ?i- -ltrloLdrlt, an I remitted to the Del r, ni Itdj h ?'11 I ,w 'r!ed by I ,I r } g ]I I IIlust I' (d) If I ;i i f.I_rrr ` I a I ?If, tot.l- t-I-ll c111 23. Corr.."---, 'on The ur"es th6t it -,L a. .;: i Ce ' .I f t rrnpllancos including co'f .I cor7rpl r With all aI,l -'li1. .? st- r, + local laws, ruffles, regal no policies. i I plans 1I' s ri, , fr' I 1 I I I ' - : ?I?' I? -I th?aa?,I ??_ thI f 3-F ?? I II III, I _I a I III ?? r?rtrlirs with all app-;Ijrghjf--? local bail ? ?. c.uon complies with fill _ F ins with I certification of that fact by, (1R"- lry- ..I ;74n%t q r I -' I t, and EIII _jl 1aa " , ! ce J „ (1) Th I ? I I _ ?d a n c e I r? g a I II I I r generally accept( f, I Item # 7 Attachment number 1 Page 25 of 28 I' L 3? C_ (2l I -lie plans shall be consist, it ? die ii I Iii` It of this Agreei (3) Trio j ?rm the c;' rlc'I? I in Sectl,- and r lir il it !y, to tl2i= ;r4 (4) Dew r the pi mpiy with 0 I ws, ordim ping ac it'i.ing r airerilents, I ' ? ? r c Hor Tl (1) The Agen , ill - nde and ra ii, iii -i 1 Ichnica vision at the c-i!_ r -oughout the project to assure that the work c ) ' ari is t i ?e plan ions, and sche ens app ed by the De artr--il 11,^P "1 ,-,roject. (2) it it - li It Iii the work and that it ? l: c and, r ri 'Sui that it ( ? )IF e I t as required by the F ;p I. It, for „ 14-h dor tti:r, d. Pq,- Ir reventty T; 6e Ar7-i- ?r s :ii, ng re, ,l I i^nt ?,r rrI ,;', of runway :t it has irl`:p r?_-,J?? nar 1 wJ +1?1, ?iid that it will usC ch " rs Inn for ii, -,Iii of any -iii-iii I ,in 'eructed, recce I or repaired with state fin; i [a] assistance at the airport. 24, ois. 1,11tagat on The Agency assures th1-il i' I: 3. i t. ,°.., nrnent tsa For all noise ccni -t l iI e projects that are carried out by z I i ii ii if local governiaent or are -rI ? by a unit of for rri?-nent other than the Agency, the Af .,ncy 11 inter into an agreement wit i l, = ? i. ° body. (1) The local agreement the Departrr ent shall obligate the unit of local . - ,m ent to the sane terms and assuram ezz I a < lr, , ` thy: Agency. () The Agency assures that it wili reps to enforce the local agreement if tl; I ;I r on- compliance with the terms of the ac r_ -t_ b. Pr iv-f,- ,greernents For noise cornf L t i 7 -ojects on privately owned property, (1) T' Agency shall r Into an agn nent with the owner of that property to exclude future actions auai plat airport. () 1 ne Agen( ire it y II take steps to eI Jorce the ial Jnt if there is substantial non-compliance with the terms u, erg , ,I a I, I{.. Item # 7 Attachment number 1 Page 26 of 28 D r a :)r STATE r urces a -ded to the i -e uirerne.n` " )r er t _ i ;C s c C?t7 (C',r11? :,. 711 .:.r tl 10 qs OTT: I a of iistri:g the st fic con-piiance requirements as shown abov fl may el to u, la ;e that requires the redpier ic; comply with the r iii-en-tints o' ui is etc. !'ttr avrdt ii'pr trl it t attach? a r i F ri - riV- & Title) Ar 2. 3e F=tju I' Cat lnc? of _ F+i - 55004 60,000 2. 3. 1 IF G., 3. n i NOS a th1 0H de ral i i lam #r7 Attachment number 1 Page 27 of 28 t• TE 7- 2011 1 A To: C= 1- Subject €=E ?vE ? f r i.; 'I n. ii OP, CON FFZAC.T STATE OF FLORIDA C f, IT T, -? I - T ?,TION FrJI I` Contract ##AQ6 3 l ontrract. Type: AC Method of Procurement: C ,lor ID q `11 in Fate of ti - A T Q __? - T C o t,ract Total/Budgetary Ceiling: i = 0.00 r_`i c r I ar wolopment C ",n'_' *EC7 RIECT *AMOUNT' ' TN OJE_C`1° FCI *CFDA '` ""CAR) kI DGET ENTITY VTECORY/CJ` , QAh AM' !I PENT ID *SEQ.. QSER ASSIGNED ID K LINE(6 );'STATUS Action: ORIGINAL F?_;I, 1 °7avo ba n: APPROVED SS 07202072 *PT *75P H04 ? nQ0. 0 h A 71 11 hK3 2011 * Q,i 1,. 7 3/1 0001 *00 *1 11/011 ------------------------------------------------------------------------ TOTAL AMOUNT: *= Cn, C . "'O * -------------------------------------- -------------------------------- FUNDS APPROVED/REVIEWED FOR ROBIN M. M I TOVE, CPA, COMPTROLLER DATE: 01/26/2011 Item it 7 Attachment number 1 Page 28 of 28 Item # 7 Attachment number 2 Page 1 of 1 RESOLUTION NO. 11-11 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE ADDITIONAL FUNDING AGREEMENT, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION OF A NEW MULTI PLANE (CORPORATE) HANGAR AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide additional funding, including but not limited to, the construction of a new multi plane (corporate) hangar at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 42068719401, Contract No.: AQ663, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Participation Agreement between the City and the State of Florida Department of Transportation, Financial Project No.: 42068719401, Contract No.: AQ663, at the Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2011. Frank Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Resolution NtelYtl-#f7 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to partially vacate a non-exclusive easement for sidewalk, drainage, utilities, and for the parking of motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward Passage, as more particularly described in the ordinance, authorize the appropriate officials to execute same and pass Ordinance 8259-11 on first reading. SUMMARY: The applicant, Clearwater Marine Aquarium, Inc., is seeking approval of the vacation to accommodate an expansion of the aquarium's facilities into an area of the site presently a part of a sidewalk, drainage, utilities, access and parking space easement. A flexible development case, FLD2011-02006, was approved by the Development Review Committee on March 3, 2011 and is presently scheduled for review by the Community Development Board on May 17, 2011. Knology, Bright House, Progress Energy and Verizon have reviewed the request and have no objections. The vacation ordinance requires the applicant to meet three conditions or the ordinance will be rendered null and void: 1. Owner shall obtain a Development Order issued pursuant to flexible development case FLD20 1 1-02006), and issuance of such Development Order will be conditioned upon the Owner providing an exclusive easement providing twenty-four (24) parking spaces (the Parking Easement) that are for the benefit of users of the adjacent City-owned boat slips, 2. The Owner shall record the Parking Easement, and the Owner shall provide pedestrian access from the parking spaces to the City-owned boat slips, and the Parking Easement will subordinate of all rights, title, and claim the Aquarium Property Mortgagee may have to the Parking Easement; however, should there be an amendment to the site plan necessitating a relocation of any parking spaces differing from the depiction in Exhibit B, the Parking Easement may be amended upon City Council approval, and 3. Owner shall obtain a building permit for the proposed improvements as provided for in approval of case FLD2011-02006 within two years of the date of issuance of the above-referenced Development Order. The Marine and Aviation Department has reviewed the request and has no objections to the vacation as conditioned in the proposed ordinance. Review Approval: 1) Public Works Administration 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 8 1yd r,l11 "II( I?uu.L I Page 1 of 1 BAY AVALON F O n LU -0 0 r KENDALL Juanita Z ? Z c 0 ?a u m BAY ESPLANADE ROCKAWAY Ambler BAYMONT ST W W Q o SAN MARCO W O X PAPAYA ST } ? s ~ C/) w EA o LOCATION O Causeway Blvd L --- mJ , SECOND ST THIRD ST to ? O O O ? Z I C7 O L O Ua FIFTH ST rn 2 W 2 OF Y DR BRIGHT WATER DR BAYSIDE O,q NE N`N r SE S„ SK/F p ANT \ v 0 O 006PpOINT 1a DORY PASSAGE a WINDWARD r IO D Z 0 PASSAGE D Z U u 0 Clearwater R B k 6319 P 802 V # 2011 01 O N . - . oo , age ac. Clearwater Marine Aquarium, Inc. W E Prepared by: Engineering Department Geographic Technology Division S 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: CRM Reviewed By: TM Date: 03/30/2011 Grid #: 2678 S-T-R: 8-29s-15e e m ca e: 1'=800' Map Document: (V:\GIS\Engineering\Location Maps\Clearwater Marine Aquarium Vacation.mxd) W- 1'r&A sz v. AU X",'VK ..1U - _ - DFSC.R ii ° _ h . -.:j Mir UW v62A _u l 5, X. d_S no F, &?F r. _ F isril. _L - as z fcI ARr 1: Attachment number 2 Page 1 of 3 W at the - of Tract = * U " 2 . IV! ', . 4 w pp Norther Q0 A of Lw , _._..r Q _,. f A _ 0 ", _ ma, ?j von- xwpus , Easement f_; _' .t,'r df ge ,n _ - q1 n .r - bournm r er?' A T hn I'??_ Q _. A _ r1 _49,23'41"E.,. Mr for 4 . L ove Nr* IN' 11 4 rank's -1 IA C to V e TYOU 9 i J of -, ' therns 'f - O _ . i t-tc: nt .qq Q '- Nice :- - _, i- i' ., 21.77 le-, 0 .. n u l v ;o of kF ?F<* . <- -, . _ _ n 1.n K g 1._ L _ _ -J- ? saId Nor-eywusAna rv? p CryI No he:S_er bz of r- J 1 e 1 _ '.. AA ? _. K . , ,.; ; r . Y x077 square v 011831 acres, more or less. I ,00 40' ; ER WITH, ;r. d_.I L. AMEXE at t ScKthwnwe ny yr v . m A, of UNIT L `_, A ) 7 `.ppEA apt lA ER, OUnty, A N Right of M - . J' No a- save Enswme7 QV onnez T, ,ni `, fro W, _.r x '-r of _; _ 7. a n _I. k- f r" _ k4 - J ca curve scan . t;._, H .. ,- -. -p ? z .1 ,ate, arc of vj :. rvvy . j r mn i k? - f4 , &, m i„ T21 , Uj feet) the Pin -pf said h"1 w r" .49 _':.01 "E.A for 40.1 feet = °'. square feet, car a131 a=-- - le Too C?I Cj i Attachment number 2 Page 2 of 3 V;. ell n J ? & 20 r , 7TH mr H a 0 z II ° A ? rO^^ ?? vJ v Q W Z W Z Z 10 Q z ?Z U ? W w o Z ;F Z U w U) a w 31 Z 0 a U co it E a> dv,fl DUMVIlT v ?? v Attachment number 4 Page 1 of 3 ORDINANCE NO. 8259-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING TWO PORTIONS OF A NON- EXCLUSIVE EASEMENT FOR SIDEWALK, DRAINAGE, UTILITIES AND ACCESS, AND FOR THE PARKING OF NOT MORE THAN 22 MOTOR VEHICLES, AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Marine Aquarium, Inc., owner (the Owner) of real property located in the City of Clearwater (the City), has requested that the City vacate the easement portions depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement portions are not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated, subject to special conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Portions of that Non-exclusive Easement for sidewalk, drainage, utilities and access, and for the parking of not more than twenty-two (22) motor vehicles, as recorded in the Official Records Book 6319, Page 802, of the Public Records of Pinellas County, Florida, being further described as follows: PARCEL 1: COMMENCE at the Southwesterly corner of Tract A, of UNIT 2, ISLAND ESTATES OF CLEARWATER, as recorded in Plat Book 47, Pages 19A and 20, of the Public Records of Pinellas County, Florida; thence N.49023'41 "W. (being the basis of bearings for this description), along the Northerly Right of Way of Clearwater Causeway, for 575.00 feet to an Easterly corner of that Non-exclusive Easement for sidewalk, drainage, utilities and access, and for the parking of not more than twenty-two (22) motor vehicles, as recorded in Official Records Book 6319, Page 802, of the Public Records of Pinellas County, Florida; thence continue N49°23'41 "W., along a Northeasterly boundary of said Easement, for 61.50 feet; thence leaving said Northeasterly boundary of Easement, S.40036'19"W., for 20.43 feet to the POINT OF BEGINNING; thence S.49023'41"E., for 42.92 feet; thence S.40036'19"W., for 127.13 feet to the beginning of a curve concave Northerly having a radius of 41.50 feet; thence Southwesterly, 65.19 feet along the arc of said curve, through a central angle of 90°00'00" (chord bearing S.85036'19"W.7 58.69 feet) to the end of said curve; thence tangent, N.49°23'41" W., for 25.67 feet to the beginning of a non-tangent curve concave Northeasterly, having a radius of 18.50 feet and a radial bearing of N.06°47'18"W.; thence Northwesterly, 27.77 feet along the arc of said curve, through a central angle of 86°00'44" (chord bearing N.53046'56"W.7 25.24 feet to a Northeasterly boundary of aforesaid Non-exclusive Easement for the end of said curve; thence non-tangent, S.49023'41 "E., along said Item # 8 Ordinance No. 8169-10 Attachment number 4 Page 2 of 3 Northeasterly boundary of Easement, for 19.42 feet; thence along a Westerly boundary of said Non-exclusive Easement the following three (3) courses; thence (1) N.40-36'1 9"E., for 36.50 feet; thence (2) S.49023'41"E., for 30.00 feet; thence (3) N.40036'19"E., for 134.06 feet to the POINT OF BEGINNING. TOGETHER WITH PARCEL 2: COMMENCE at the Southwesterly corner of Tract A, of UNIT 2, ISLAND ESTATES OF CLEARWATER, as recorded in Plat Book 47, Pages 19A and 20, of the Public Records of Pinellas County, Florida; thence N.49023'41"W. (being the basis of bearings for this description), along the Northerly Right of Way of Clearwater Causeway, for 575.00 feet to an Easterly corner of that Non-exclusive Easement for sidewalk, drainage, utilities and access, and for the parking of not more than twenty-two (22) motor vehicles, as recorded in Official Records Book 6319, Page 802, of the Public Records of Pinellas County, Florida; thence continue N49°23'41 "W., along a Northeasterly boundary of said Easement, for 423.25 feet; thence leaving said Northeasterly boundary, S.40036'19"W., for 52.05 feet to the POINT OF BEGINNING; thence along an Easterly boundary of said Easement the following three (3) courses; thence (1) continue S.40036'19"W., for 103.44 feet; thence (2) S.49023'41"E., for 28.25 feet; thence (3) S.40036'1 9"W., for 33.45 feet; thence leaving said Easterly boundary of Easement, N.49023'41 "W., for 26.88 feet to the beginning of a curve concave Easterly, having a radius of 41.50 feet; thence Northerly, 65.19 feet along the arc of said curve, through a central angle of 90°00'00" (chord bearing N.04023'41"W., 58.69 feet) to the end of said curve; thence tangent, N40036'1 9E., for 95.39 feet; thence S.49023'41"E., for 40.13 feet to the POINT OF BEGINNING; shall be vacated, and the City will release all of its rights in the easement as described above, only after the Owner has met all the following conditions to the City's satisfaction: 1. Owner shall obtain a Development Order issued pursuant to flexible development application (case FLD2011-02006), and issuance of such Development Order will be conditioned upon the Owner providing an exclusive easement providing twenty-four (24) parking spaces (the Parking Easement) that are for the benefit of users of the adjacent City-owned boat slips; 2. The Owner shall record the Parking Easement, and Owner shall provide all necessary pedestrian ingress and egress from the Parking Easement to the City-owned boat slips and include a subordination of the Mortgagee's rights, title, and claim in the servient estate to the Parking Easement granted to the City thereby; however, should there be an amendment to the above-referenced Development Order necessitating a relocation of any parking spaces differing from the depiction in Exhibit B, the Parking Easement may be amended upon City Council approval; and 3. Owner shall obtain a building permit for the proposed improvements as provided for in approval of case FLD2011-02006 within two years of the date of issuance of the above-referenced Development Order. 2 Ordinance Nqt 9g t Attachment number 4 Page 3 of 3 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance will take effect only upon the completion of all preceding conditions, and this vacation ordinance will be null and void if any of the preceding conditions are not met. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk 3 Ordinance Nqt 9g t ? I rn ¦ m z D I'x x i >y ¦ zog g \ ? z0 No 147.50' z m co 0 M D ?z = D m Do r- 0 z D mp N ;u c m r = W O = m Z) 16.7 09 N 19 ¦ ¦ z m m? Im =m r? rnm ? D m v z 611 SF r c N ? ?i 12 N l l l l l l l l l l l o Cn O? C/) ? 5' 112' 5' 12' 9' r m 72? TY P. r Dc Ac z? 36' ' CA fTl O D C h5 ;:a 7 c C u N? I II a C? N Z ?00 Q m I I I I I I I ?o n ? 0 c , ?W T 'n 1 0 ?sT Q ? ? Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve First Amendment to the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Glen Oaks/Palmetto Reclaimed Water Project (N095) and authorize the appropriate officials to execute same. (consent) SUMMARY: The original Cooperative Funding Agreement (CFA) between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater (City) for the Glen Oaks / Palmetto Reclaimed Water Project (N095) was approved at the June 18, 2009 City Council meeting. Due to low construction costs the City is experiencing in constructing/installing reclaimed water (RCW) pipelines in the City, this amended CFA will provide for the additional design, permitting and construction of reclaimed water transmission mains and distribution piping adjacent to Glen Oaks/Palmetto area. As approved previously, SWFWMD will reimburse up to 50% of all costs associated with this project up to the original $2,890,000 limit. The City of Clearwater will ensure that the reclaimed water infrastructure related to the project is constructed, operated, and maintained in such a manner that it will continue to be utilized to its proposed capacity, as described in the cooperative funding agreement for a minimum of 20 years. The City of Clearwater agrees to perform the services necessary to complete the project in accordance with the amended original agreement, Exhibit A and the Project Plan set forth in Exhibit B. Any changes to this scope of work and associated costs, except as provided within the CFA, must be mutually agreed to in a formal written amendment approved by SWFWMD and the City of Clearwater prior to being performed by the City of Clearwater, subject to the provisions of the Funding as outlined in the cooperative funding agreement. The project completion schedule is as follows: Full Design & Permitting Commence Construction Commence Complete Construction Agreement Terminated May 30, 2009 December 31, 2010 December 31, 2012 December 31, 2013 There is no cost to the City associated with the First Amendment to SWFWMD Cooperative Funding Agreement. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: 0 Annual Operating Cost: 0 Cover Memo Not to Exceed: Total Cost: 0 For Fiscal Year: to Item # 9 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Other Yes Budget Adjustment: None Attachment number 1 Page 1 of 9 F lk"-'' l fiENDN"IE_I`lT T , Rt-Lf1("NI I`l?l,.1 E [I IHE SOLJ THE EST t.O I I l f ?1 ?I T NT f"" f 1 J T IT" F ,"Li TE ILE TEf LE 0 I q, f I [,,'1 f FTC F I. EI I TRI -i I ?.? ,1 f J, IiiiJ) Ti I-I 1IRS _f. nfcro'ri intcu7i ?fh 1? Ohl ,L,rcl 2011 by ,tli?,k ?lthl?• I lrll•I f f, ?,f?•1'"II l?. i. l T. 1 Er"d 3461 Nl-i f I ?It ?C 1 :,eh,- bt Rivei `,i, 'VIII colk,_:i;tl ?1 + 11 h ; Hi DI 1 mid lhi JTY g L ??I 112 ?..Ith G UjfI! b .4f 1 ?_,Ir 11 . It,: Flohdh? i;,hi,II, fI,-] ?f t{ t+ I1,`1 1 to as the I T Y1 " I I'I I `` ETI-I„ WHEREAS, the DISTRICT and the CITY 'lit(: err ?^:,Ir r1 >>f-r;t rtf ti.'t' (`)-tohpt- 0. ?,' in l ?` ment) fear tiles ",:j,1 l` Hitt€I t and r,i.:, i '[('n i_,t {<,Ilrtt'i ? t r tr.?t;sit I??? t, and distribution Illfr, ltr-u: t ,It_? rt the Glen tjl?, anj:f rat C I -rte r; n 1 WHER _ thk G, ;miss f t I t) amend the ()r I till _tl r rrt nt to rna 'if Lt I (- scope of work in ; 1rder tic} t.r ply ddI is i,il ; 1 -1 I1 11ner at no add Itit nal PROJE T costs. NOW TH I I E, in C ,lili:l 11;+;i1. sf tl'j£ Crl'li;, it $C'.t Il 11 C'c311f` ??nCl i' 31t ?rt th ]'{ ?ii? n hr::?. h ??IIt r lly aw try JIII',:,J tf, L?r, iu :l e >??rri n'; tl r ??;t? I?.I 2003, , t, iI1 t. It I ,l i.tl ;I?f? •r. Iti ;t%I I III d_I?r_ t!_llt th it thl h)a I'fC,`,iLI1 t?f?;? .11•tJ 1 III- I1?- ( JfE T thrr?miii i 2, F ° I I Ij 111 "b," ! 1 ,?? ii t Plan, C 11?.t }+}}? I ?r'`'f l I' its `I lttl I- i l r';I hl? ?b? iS eE f t C`,r e t ) 11"wii A hereto. 3, Thr? ;4n] r°onditr€ ii - t fet-th iii tl?F-, Srii fin II Aiii, -itwiii thcit have riot III i''X hr, r rn s:'t11 U _l `t C ll ?,t,-I r' .f 4 < < l ,r ratified. I i rtlilt?n?,,t ?indwill r r ain bin;lillj rrn III The rnrnaind r of this I t I? f'- I_?I md, i1o,? i iii I ll,, Item # 9 I 1 if 2 Attachment number 1 Page 2 of 9 I ?Iilpd LI-g1 I I. a AMEN I`?,I I Ion Lh -) L ? By: f} .._ Lo, . 1 1 t r r I _ Fl i?, fA y r y William B. Morn 11, r ?, I +i '7 r Approved as to fore: LeJie f l'I I T n I. f, f'' o Date Attest: By: It a y .If rE:. Aire: L7 T- I 1-11 -item # 9 )f Attachment number 1 Page 3 of 9 EtXHtBI'i Ili f-' v T, V f f the C I 7 J - - ' ? f s.. I fW:f i i4.. f,.Ym?.) TY.PF [ F fl JF T hr- P R 0 a l (i "?'^ of thr" r- I I -w 111211!; 1 I f I, t n I I1 ; i4 1 1 ? 11I-? : I t I T- t±W111c;r1Tq sM?11 ??,i ll;i III?I -,1-'1111 IIIf',i-I ?)I?,III1-1 jii i4?c' 1 in thl - r -?I-i I OjL , Est il: ? 1',1111111 Il, -16 y. 2. PROJECT OB,JFCTIVE-, The god of this PROJECT is t i, p -, i iillc,l pot tilF { { t:,°?Ir roar l t % ,_-I t,..l used for i1 ric ation with r 1n CITY and D1 FRIC T [u1i,,1;_, k1l: L4i 11: vvid offset h1?ti1 4 : t IIt ,.'a`i_1t+ 1 Lf?i? l11 il°[ 1, tl'iat do not have ,l, , f( if -;hlii d tIl v.IIH offset 4 i Ik ikk dif 91"r [Iv F3rC" vil Iii ii f not'l- ?? 1• IDJF I di-I 114,'. 1 ' «? ..IIf t4 f-,IT,, 'CI T 'ill. -e q of I'l?C 1F ?. t CAF r_,f IF i ION A. rli ?)('a?+ f I` 91; '1 tt?, l? ?xl' I,I C? h lij ,` 1(1 i'', GI: i ?,}.?I ,; I I1 1t? ' 13 01 linear f, A 11 )n 3,20 kn, >,r 1, , t 1 ail III•?:.<<?I i???? f 11111+.-1 ?ne<1<<?I tr?l1?'?I 11?,° l n 1a, lily. c f1, e j!i lI , jI' IL 't id 4" and 1111 ?3E'?;I ?? (41, it (;_: t'I 1'? III I I('i i L If.l!J' I I :1! 1. TI-r- I,)pr `:111 I" ?i'? I?(t i ? ill l r' I'f 'CllltI[ 'I ",III, U ? ± C? PROJ[- CT dis ri[ r Iu )II a f; Item # 9 I 1 ,f 7 Attachment number 1 Page 4 of 9 . x to till, It f' zl,1l ,", th?It ; '11 t' I-V-11 "di 1li,i 1 1 k 1f ? li li ?li I (' : ii I L,?`?' if (lr If Il I11 1d Adl, (I 1 11 f Illrr I JI?7 lyj?_'l +]I 'I I._?, f if ?rC Idl??t-f11i ?I' „1I,II,fI :t?'-.. a f Ii The tot?ii 11,1 0it- d II,d (0A i' fl`rlij RE pill ?lili ( ??I V1 ' ? ? III 1f? it ( r-nk?J''t ["ITY `C,]flficklalf- f,+'i,IiI I'II' Iil?`.III ]1?1 ?_fw,r?f r" k lil? r!ff-? tf _'t i indLIt - ill,: till i U liI',t' , /60 RE Car I I l 1 {-- {....??. DEMONS > RAtII N O NEED: & This, PROJECT will 0? it Lill MAt r III w: il _?? ?n1 fi the CITY t?.-,, I lu l'rj 'i .?,,,tr>1 ' +?ih dr n fi') r~r well lid A-, ,o) ii if''-'I1 I 111, 1 lhl i? in F._ l?Ji.f ?I II =1.[ O l fll.rurrt v4.1ft 1 tl1 T rnp 1 i%, ,,rill (-Jll I k-I ;iLii?i, . This PROJECT ..III hale r.wet k'1I I m?- ICI Ic-)l, ; l)vt,I h lrI It' a irl ?}t1 11f?'111?? ,I?_llf@l7 tip +.3 ?d?lf,,rm flf?i?f_ lfhLa to help Ill ri:-w _ld cd.?i9ft?-'r? Irl -r ?Iitl- with t;l1t Z,ll C. This PROJECT is SUppoii v ; ;I rrli ir)d in i ?i < ;1 1 ar(; F - -Ii I E',I I.1, 1 i':; lan , St tc 1,,V t r k't Ir the FI(I ill I I ?11 I??',? ?f t,i tf16, l I,I1F t, ifi IL1 ? k r tllrll"?r' I rl ?:.; it ? District I I"vfll Y( -IlIt7ents t r41 t':Illll.'``' iiie 1., If hi hl, f1 i It .?,?f?:1 D, This PFC)JF T is r14 ,i-it,l)l . If1, l h- ,,4, 1 Ir of the City of I rw tf,,l Fl' ,C_L l: I1l for the P J1.CT i;3 inC1Uded l1`1 thew lt`r' a-, Clearwater's Capital if„p t , I1v*;nt iuill- ,S1 RA13k-I- 1?[- lL:PTS: This PR{?Jf f_,! „III lit II i'1'. ll it ? I10 It ?Ifli?(i III Lill' of I Ilf'1?,'Leli t'1 LEir_- 1' area. Tk't X11-11 'I ;Ir ill Item # 9 1 17 Attachment number 1 Page 5 of 9 I I, l1? sx,h" &° ?.1''d? ran,-l, ?a?tr { J f.J 1°t VF €ZAI , I'. FROJEC i' COS-1 TAI 1 ,f i1 c1 this PROJ? 'CT F- ! IlI ° 1II. IDI TI',J? TrC 1- 1 to t h; ll [ hr: I'I'lE,[I ,'\I I' I nI it1_e,1 {!(_I 1 I ? t ?il_, The total PROJECT cost r ? E??Iln?lt-?f??fuf t.) b 5,761) (IIi- , r; lk {tIiwl Fi I ji'tin I "'UIE.911, 1 q ? 4 '?,)P ,ii.I1 R .:i •'1-:'; , ?' L} 1 _ 1 s..`h,. ?.A'?,. -',,.C i,"P. ' ?+ Totals $5,780,000 ?0 121 X14 ,00 $),890,01(K) I II CITY . II[ 11Ir l l 1 1,- of k _jJE :T and e ?r r? l li? I E lri, II I I- II ;I1 l'{ jf .I,i I II (, { q TlI,; funds t l 1h r'p,Q.) IF T ?I,? .III {1_? { k d L i l{yi n ?? It Pk,[ _ (;()IV4I'LETI0N CHE ULE. ICI 'T4RIr'T Id ? ,- I Ir'? ?-?i ..........111.1---- ,.......,,. C11; •I ]I I ?,, "'' "i Ir IrI 1 [ { i?li,{ .......... .........? ,,......11.-..,...,,.-- I 1 i It1V'I .?.... f II} f I I_II? ???'`,Ilf1 11 ?`_l F t I1'liltlill I 1fIII II'in ce?.,...:,.,, ...... Cori; tf 11 ;Iii 'I I 0011,1111' II 50 I 1{'f i_.C:I id . ........................... Li i-Ii Ih' r 1 t`'i"I 11 f'lil{? 'f r CII 11-1;, dl? ll'111 .................................. ...........s........,..,,.., ?)'ill ?r 31s 2012 r),!1 gill or `l, 01 Item # 9 1, 1 3 )f, 7 Attachment number 1 Page 6 of 9 Th- i I' ,ldi 1 kliti, ?<-' II- III airipdi III !i`jr"I i :III 71;ll lid yli II a 111 C i l III it, I9e ANEL: The SIT E , i I IL. i I I LAS' II ? 11, ', I I i I 11 `I PJ II T PC Imo. . i . I + , J-?_ A618-4748 Item # 9 Attachment number 1 Page 7 of 9 /-"M, lr.x'rnent 1 1 m I I({,.?1tlcrfl:rtZr?,?ti:irf t 1.r.,,? s; ?,[ ft:h,E:??flr., t_f I rI if 1 4. 11 II t i r 1 It',i I!I` ?I I?I( ? fl ?I ISI._II I !I r11 1?1 ? I'? I i 1i II Ir ?` 1 1 1 1 _ l 1 I 1 1 (?f r' ?1 ? 1r ?Il,I x,11, It I I I ? F 1 ,1 if . l l l ., Il llr l ?.???-? .''?,r'ifll i fE J1 ? J1f1d?i 1? -1 L' '+(?? fli?.?11 ?1 rLf l-l1. 111 y' fl?l`,l r rf!] I?. III f!1 1. r' ,I '1.-1 `-. rovB {1'1: lfl','Crf l'1.9111-11l i' if 1, trip' !111'f1,1 111c1 if ilk If I r1_ II I11 1 11, 1 1IT f 11 ?' Gfl I Mild"11 tutf r and th111 ; h the i f iI I Ifr 1t1;f I[??_ - ;I?a , - fir drnancelccode re te?ir ?'tt? ?-T( itFrrt ose of reclafrned water. F!I ( l -1 i `v%Idl f+.ljlllfr. hIliI I''I I a _' I`, l;f:lll7,11i ?rI li_ i1111,_:.? i .fit i It lf', A' hif1F', ,:tillIf',1r11f1 (_I1 ..?11, Cff111 ,.IitI I- 11fIT4r i1r ?,+I11 r Il?il +' f'1 1f1 r.i rii 11 , i xfl ( 11 I'I I-` . 1)f,:i I Him Ir a f 11 -IfI -tirft Tl 1 if Ii.-1111Ir-,'i the CITY vvill jnst?:tf..t1 f1_; I.,!I irr';I.1 ti n .,11r r1r1 111 ;pf1 if ,, EI ,,red by Use of reclaimed :..1tr?[ f i ;I ?n ?],jj1 U,. 1,11 v-_.,k„ with no Fiore than Ifltil.iff iridividu,i' ill 114 Il='1i_'I.fl r11' If 1f vi"Ik Ii11rllltl"'?I 11111 I11? h III II fl.f ."Ik I I' EII''.' c„IS.I.:1II !_ I f ..J1I, U..LI I If [I f e I' ? slllh'.^1.1 i r.1`/'; r I1.?Id.I?1.lFiIIl i 1 7III]? 1!1- If. 1,; I14 to haf' 'rrlif d?r thc- pro ?r 1 ??Y 114I[ . rdinalfic&I"Godc...le(rJ kill?f _(II.Nii_c1jS0-jhUfi0r) lino--, in cyuw dovelopififent ?'vitli reel'rimed water serywo areas f1, CITY dn,i i ifl l if III ii ?l1+ if If 1 fl, It. 1'iip[h-lIr nsive: I'l-fii I,,dII ?lillr? f!i?' f 'I l If 'fN;1J! 1; E tf}'',, tlk! USE3 III` 11,f l 'I111, `'1 ?1`th f E,;;'i 3t Ir ,ff:l r( 111Ii r1 or fut 'r 17 r 1 lira{ i . otr I, line ?r fl i t1 tlth' I c 11 ;,°.r ?1it . i11F,,fI1,rlt. Item # 9 .'A 7 Attachment number 1 Page 8 of 9 FIGURE Item # 9 A7 Attachment number 1 Page 9 of 9 Item # 9 7 if 7 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint member to the Brownfields Advisory Board in the resident category with term to expire May 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: MEMBERS: 9 CHAIRPERSON: Ryley Jeanne Marchion MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 1 STAFF LIAISON: Diane Hufford SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT: 1. Barbara Green - 1101 Fairburn Ave., 33755 - President & CEO Employer: Homeless Emergency Project, 1120 North Betty Lane, 33755 Original Appointment: 10/5/10 meeting (to fill unexpired term expiring on 5/31/11) Interested in Reappointment: Yes (Resident) (No other applications on file) Zip codes of current members: 4 at 33755, 1 at 33761, 1 at 33764, 1 at 33765, 1 at 33773, 1 at 33782 Current Categories: 3 Agency or Government Rep. 3 Business Owner or Rep. 3 Resident Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD Name. Home Address: Office Address: L?`R 00k TcG #-6y,rys 1 l 2 c? o oeM 7? Zip ,3755 ?y- Zip X57 5 S' ?' cczrwa.-fie r Telephone: (-M-7? qM-q52. 0 Telephone: ( 77-7) 4L?2-9 o`t l How long a resident of Clearwater? 61 4e_g Occupation :??,ru Employer: ?ko os . Field of Education: Other Work Experience: If retired, former occupation: 0 / A Community Activities, ?ywd.4 tS Other Interests?j' S - -,- L_ Board Service1 (current and past;::l Board Preference: ?'OMP.?eSS l?ottrS?n.p ?J?l'^'n'',1C-?C«4?i `-OMr+n?tnts?, C11k1Sin., ""o?l? """_I C int a? Glccirk??-c?-- Ce+iZ.c?.s f-?d?son,? Cin.m. Ad o nts: Signed: Category Applying For: ) Agency involved in Brownfields redevelopment Date: _I I'll 10 Business Owner ( must own a business within the Designated Brownfield Area) ?) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your a lication at City Hall, 2nd Floor, 112 S. Osceola Avenue. RECHVED JUL 1 Z 2QM OTIRCIAL RE CORDS AND LEGISLA'tl`yE SAVC5 D tem # 10 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? - ? U t?4 `7 Li L G? rv?c n ?'S . rc.J % (T?" S ct-^A ! y? cl e S. 1-rc?r?w"rv.?.noQalII t?S "t?L?c C?.9r? c, 1 2. Have you ever observed a board meeting either in person or on C-View, the City's N station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 40 G?U?e?? oo+n..e v?'l ?-tC f?cr+ -e vt c?¢+_ l L 4. Why do you want to serve on this Board? `Zwc? ? -q--k+e, off ' s 1- p-,-s r-,LdLc ??, -t-?4S Name: I, Lir{pam G(-eeys-, Board Name: GearwaI4 l a uwAs,J , Item # 10 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Neighborhood and Affordable Housing Advisory Board with term to expire May 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Kip Corriveau MEETING DATE: 2nd Tues. most months PLACE: Determined when called APPTS. NEEDED: 1 STAFF LIAISON: Michael Holmes SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer's Representative. THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. Lisa Hughes - 824 Bruce Ave., 33767 - Original appointment 4/3/2003 Interested in reappointment: Yes (2nd term expires 5/31/2011) (0) Absences in the past year Advocate for Low Income Housing (No other applications on file) Residential Home Building Industry - ** Pending Nominees for this category Zip codes of current members: 1 -33710 1 -33755 1 -33759 1 -33760 1 -33764 1 -33765 1 -33767 Current Categories: 1 Advocate for Low Income Housing 1 Banking/Mortgage Industry 1 Clearwater Resident 1 Employer's Rep 1 Not For-Profit Provider of Affordable Housing Cover Memo 1 Real Estate Professional in Connection with Affordable Housing 1 Residential Home Building Industry Item # 11 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk Cover Memo Item # 11 04/25/2011 15: 48 7274465811 1 Pate 2 r ??r31 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Lisa Hu hes Home Address: 824 Bruce Ave. Clearwater FL -Zip 33767 Telephone: 727 446-5811 Cell Phone: 727 403-8462 Office Address: NIA Zip Telephone: NIA E-mail Address: Ihu hes7 fiam aba .rr.com How long a resident of Clearwater? 18 years (since 10/1992) Occupation: Program Manager Field of Education: Psychology If retired, former occupation: Employer: N/A Other Work Experience: Pro ram Manager - Coordinated Child Care Program Director - RCS housing programs Field Supervisor -, Healthy Families Pinellas Community Activities: Healthy Start Board of Directors past chair), Healthy Start Planning and Evaluation Committee chair), Healthy Start Finance Committee,.- Florida Association for Infant Mental Health Pinellas chapter co-chair Partners in Self Sufficient Management Advisory Committee Earl Steps Advisory Committee FDLRS Functional improvement Team NAHAR Technical Review Committee for the Consolidated Action Plan funding U ' 1% 4'1 - Other Interests: Board Service (current and past): Board Preference: APR Z5 2011 Neighborhood and Affordable Housing Advisory Board Same C, _, ?- - Additional Comments: I have served on the NAHAB as the low income advocate since 2004 and would love to continue to do so. Signed Date: Item # 11 04/25/2011 15:48 7274465811 1 Patg??i? r81 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The NAHAB is a citizen adviso board #o the Cifi Council and staff servin to hel inform decisions re ardin affordable housin and related develo -m nt issues. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I have been an active board member since 2004 and seidom miss an meetings. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I current! serve as the low income advocate and have 18 ears of professional experience administering Programs for at risk families in the Clearwater area. The families served have lived in eo ra hical areas at risk for child abuse and have often experienced family stressors such as a high incidences of crime, domestic violence and substance abuse unstable housing situations lack of a social su ort s stem often single parent households unemployment, underemployment, lack of ade uate health insurance/medical care inade uate income and inabili to meefi basic needs. These issues are addressed b the Cit Nei hborhood Revitalization Strategy Area ob'ectives and are considered to be of the highest priority b the City's 2010-2015 Consolidated Plan. 4. Why do you want to serve on this Board? I believe that I continue to have much expertise to offer in advocating for the families impacted by the policies the City sets, it gives me satisfaction to know that I am able to represent those who may not have a strong voice to insure that their perspective is included. Name: f 3 ?- Sf ?s ro` Board Name: 0Q,tACIIA ( a4J z 1?A I?b Item # 11 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8244-11 on second reading, amending the Firefighters' Supplementary Trust Fund to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 175, Florida Statutes. SUMMARY: Review Approval: Cover Memo Item # 12 Attachment number 1 Page 1 of 22 ORDINANCE NO. 8244-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER FIREFIGHTERS' SUPPLEMENTARY TRUST FUND; AMENDING THE DEFINITIONS IN SECTION 2.441 TO COMPLY WITH CHANGES TO THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA); AMENDING SECTION 2.443 TO INCREASE THE TERMS OF OFFICE OF THE BOARD OF TRUSTEES; AMENDING SECTION 2.444 RELATING TO THE AUTHORITY OF THE BOARD TO INVEST AND REINVEST THE ASSESTS OF THE FUND; AMENDING SECTION 2.447 RELATING TO THE ALLOCATIONS OF CONTRIBUTIONS TO COMPLY WITH INTERNAL REVENUE CODE (IRC) CHANGES; AMENDING SECTION 2.448 TO CLARIFY THE REQUIRED DISTRIBUTION DATE; AMENDING SECTION 2.451 RELATING TO THE DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS TO COMPLY WITH IRC CHANGES; AMENDING SECTION 2.452 TO UPDATE THE FORFEITURE-OF-PENSION PROVISIONS TO INCLUDE THE AMENDMENTS TO SECTION 112.3173, FLORIDA STATUTES; AMENDING SECTION 2.453 "QUALIFICATION OF SYSTEM" TO INCLUDE THE CHANGES TO THE IRC, USERRA, AND FLORIDA STATUTORY GENERAL COMPLIANCE LANGUAGE; AMENDING SECTION 2.454 RELATING TO DOMESTIC RELATIONS ORDERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Firefighters are presently provided pension and certain other benefits under Ordinances of the City of Clearwater; and WHEREAS, the City Council desires to clarify and restate the provisions of the Firefighters' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 175, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Chapter 2, Administration; Article V, Employee Benefits; Division 4, Firefighters Pension Plans; Subdivision III, Supplementary Pension and Retirement Plan is hereby amended and restated as set forth in the document designated CITY OF CLEARWATER FIREFIGHTERS' SUPPLEMENTAL TRUST FUND, attached hereto as Exhibit A and made a part hereof. Section 2. Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Clearwater. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Ordinance No.182 444112 Attachment number 1 Page 2 of 22 Section 4. If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. Section 5. This Ordinance shall become effective upon its adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Item # 12 Attachment number 1 Page 3 of 22 CITY OF CLEARWATER FIREFIGHTERS' SUPPLEMENTAL TRUST FUND Sec. 2.441. Definitions. (1) The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Account or accounts shall mean a participant's state contribution account, employee contribution account, voluntary contribution account, transfer account and/or such other accounts as may be established by the plan administrator. Administrator shall mean the plan administrator. Anniversary date shall mean September 30 of each plan year. Annual shall meaR, V?1 for aRY limitation ?iea?, _am A ? rQes11 fV The- a ni int of er nnntrih1 hipp o allnnat d try the partinipant d firing Trra??vurn-- vr- ?.. zrrrovcrc an y llmltatVln year i inner an y definer! nnntrib itinn plan maintained by the i 94 The c??vur ni At vof thn.. e emnlvn?iee'-o ntrihi itinno er than rnllePve? rrtcrrr?r?vc ?rm?narrvrr.? rrv a anYGGntrib itnry defined ?n?rihi itinn plan ?ntrih Hof ''// -- ma...-Red by the emple yer• f31 Ally fGfeit1 ireo allnnated to the partinipant i inder aRY derti.A d nnntrihi itinn ??`"?? plan maintained by the emnlnyer• nr aGnni int of a Levi ee /ao d e?d e m ? s cTB )(3) of the Cede) ,? .r ' an i?` A 4PlfAr P bRefit laR (as v T a r efiR T vTrrrv-wav7 19(e\ ewe Gede7 8R ` c , uF p n maintai rev ided t -- F entage limitatioin ev the e? ? , p ?et forth in c +e 1 5(G)/1 \/R\ , of the C , ?,?,,T ede oll net apply tn: /i\ aR r_t:)ntrih, tine fnr mpdor-Al hpppfimtG (Within the Y meaning of oentien 419 (f)(2) the Gede) afteseeparatinn from r Wine W hinh is nthepny?tr e atedn "anni ial addition" nr /ii\ arny a - mni int nth r P epnyi t r Gat P? an?anall er oentinnX11 F/I\/1 \ o f the cod , r ? e City means the City of Clearwater. Code means the Internal Revenue Code of 1986, as amended from time to time. Exhibit A Item # 12 ?m ni into allenated to an indi?iidi ial m ecrfi.p d in oentien Attachment number 1 Page 4 of 22 the laR ?o lf of a ar nn behalf - ni aRt to lR des^ d 0.R 125n r 457 of the r y .. cr crrvrr rrvr p p "" f'° arrrc ? v li i i ili i l l i m i ?i ted d sab ty paym f eRtS, amGW t a eyer te a p RtS pa d by the emp n desr-r b t n son nn QF) Ar 457 n vthe ? Gede, Gre 11 ?I C?b?e?S?d s? I?J ? ? r', aRy aFne in ' ' A (2) Fer urpeses A-f rmininn whetheF GGTFnPeRsatiG_.Rr-eXGeeds the 1M. n? 1crrrr ? r 1Rds°ntinn 401 (a)(! 7) of the Cede if an y nln?yee is a family memh°r rn-racy r tn/" rh?ia--nr?+ highly GGRgrrpe?ied emplleyee ?whnye_ 0.6?y G. Re A-f the teR? nlTY GGTMPeJ 1TQTed- emPleyees paid the grea+TTeCT tGfrITVZITf?A-fGGT.M.PeRsati GR Credited service means, for purposes of participation, that period of continuous uninterrupted employment with the city for those firefighters whose employment commenced on July 1, 1963, or later, measured from the effective date of the ordinance creating the fund (September 9, 1968) or the second October 1st following the date of employment, whichever is later, except for the years beginning September 1, 1987 and September 1, 1988, to date of termination of service, actual retirement, death or disability, whichever occurs earlier. Any period of unpaid leave in any calendar year shall not count as credited service. As to a participant who terminated employment, for purposes of determining the participant's benefit under the plan subsequent to reemployment, credited service shall mean years of credited service beginning on the participant's date of reemployment. The years or fractional parts of a year that a member serrves in the military the URiTOrl States Geast G iaFd "nl 1Rtarily nr irn,nl in4arihy performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Emalovment and Reemalovment Riahts Act to perforn be added that: The member is entitled to reemployment under the provisions of USERRA. {?} ) The member must returns to his employment as a firefighter within one year from the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. Item # 12 is +ho ni i wnmhor r,f mr?n4hs in the plan "e? a nnr? d the o rl cronr?m ina4er of whinh is rv?rrc-rr to his years of credited service for all purposes, including vesting, provided Attachment number 1 Page 5 of 22 R4 3) The member deposits into the fund the share of insurance tax rebate money that would otherwise have been allocated to his account. The member must deposit all missed contributions within a period equal to three times the period of military service, but not more than five years or he will forfeit the right to receive credited service for his military service pursuant to this section. {34 4) The maximum credit for military service pursuant to this section shall be five years. {4} (5) The member must have been discharged or released from service under honorable conditions. {54 6) This section is intended to satisfy the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L. 103-353). To the extent that this section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Effective date of this plan shall mean October 1, 1968, except as may otherwise be noted herein. Employee shall mean any certified firefighter as defined in Section 175.032, Florida Statutes, employed by the employer on a permanent, full-time basis and whose employment commenced on or after July 1, 1963. The plan administrator shall have the right to determine from time to time which persons are employed on a permanent full- time basis for the purposes of this plan. Employer shall mean the City of Clearwater, Florida and shall include the State of Florida to the extent state monies are used to fund plan contributions. Employer contributions shall mean insurance premium tax rebate monies received from the State of Florida pursuant to Chapter 175, Florida Statutes. Employer contribution account shall mean an account established in which employer contributions are deposited and maintained as provided for herein. Firefighter shall have the meaning set forth in F.S. § 175.032, as may be amended from time to time. The term includes all certified, supervisory, and command nersnnnel whnse duties include in whnle nr in nart the sunervisinn trnininn guidance Item # 12 Attachment number 1 Page 6 of 22 Fund means the trust fund established herein as part of the system. ka4 4?) 94 ilnndetermining WhG is a highly nr?mpe{ sate empleyee, emple gees whe aFe genresir?lent alien any^I ?nyhn renei?ye nn ear d- innnmo /With0 the - M GTfIZfR GTPCTftT m f sentien 911 (d)(2) ef the Cede) from the eMPIG yer nGnstiti sting m .niter! States seerne innnmo (within the mooning of sentien -61 /a\/3\ of vrrrc??? the Cede) shall net ho trpAted as emplgyees k34 Per purpeses A--iia paragraph, 1 1 thedefermin otien nS tiAn 41F) r GG ppeAf-;-Rtienhall he ha?_sSP-d nnly en s +en 415 nnmnonsa4inn that is ,ti lolly paiy^I any^I shallTay^le by innli iy^ling etectie_nr salary red6lGtOGR (-Antrih l; to A plan deGGrihpd in sentien I ' F; Aff tnhp. r-Ade +e?401(k \ of the Gedenr o plan y^locnrihed in canting 403(b) ef the Cede--. also an an y form The t "highly nemp t e Ie?yee" Shall m ?-?-rc? r9--czvrrr?e{?t?z c.??TV err eF eRqp'Gyl- TPPTTO-c7e?`gf;t d fca?rAmG er ?ny?PG.cTId-ieel Ter'! to have separator'! e ?Pe ithe sepparat ar er an y plan year paling en er after?the y^late the empleyee attained age FF iiied ?y k54 Per pi irpeses Gf dot rmining ?.MhP-thPraaR eMPIGy?e is a highly ??`"'?? ? pP°?Ted emple?yee if any eMPIpy??s a family member efa higghhy GrmrrpeRsateed- ple?yee w he IS GR 7 nA-f the ten--hrighly GGFnpeRsated Limitation year shall mean the plan year. Man days means the sum of the total number of employees for the complete calendar year multiplied by the actual number of days in such calendar year plus the total number of days actually worked by employees and separated participants not employed for such entire calendar year. Item # 12 the senretary of the treasury) • er m , Attachment number 1 Page 7 of 22 Member means an actively employed employee who fulfills the prescribed membership requirements as set forth in section 2.446. Benefit improvements which, in the past, have been provided for by amendments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Normal retirement date means the first day of the month coincident with, or the next following attainment of 20 years of credited service, regardless of age. Normal retirement under the plan is retirement from employment as a firefighter with the city on or after the normal retirement date. Participant shall mean any eligible employee of the employer who has become a member under the plan and who has an account balance. 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. Plan shall mean the defined contribution plan as herein set forth, as it may be amended from time to time. Plan administrator shall mean the board of trustees of the City of Clearwater Firefighters' Supplemental Trust Fund. Plan year shall mean the period beginning October 1 and ending September 30 of the following calendar year except that September 1, 1987 to August 31, 1988 and September 1, 1988 to September 30, 1989 are the plan years for those periods. 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. System means the City of Clearwater Firefighters' Supplemental Trust Fund and rules adopted by the board. Trust or trust fund shall mean the fund established hereunder, known as the City of Clearwater Firefighters' Supplemental Trust Fund. Trustee shall mean the individual or individuals named herein. Valuation date shall mean October 1 of each year and each day securities are traded on a national stock exchange, except regularly scheduled holidays of the employer, or such other date as may be selected by the plan administrator. Vesting means attainment of ten years of employment with the city as a firefighter and membership in the plan. (2) Masculine gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. Sec. 2.442. Benefits supplemental to other plans. This subdivision shall provide additional and supplemental retirement, termination, death and disability benefits for participants whose employment commenced on or after July 1, 1963, and shall not supersede or modify the existing Item # 12 Attachment number 1 Page 8 of 22 pension, disability or retirement system of the city as provided by the charter, the laws of the state or existing ordinances of the city. Sec. 2.443. Board of trustees--Creation, members. (1) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this division are hereby vested in a board of trustees. The board of trustees is hereby designated as the plan administrator. The board of trustees shall consist of five trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the city who shall be appointed by the city commission, and two of whom shall be members of the system, who shall be elected by a majority of the firefighters who are members of the system. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for herein, and such person's name shall be submitted to the city commission. Upon receipt of the fifth person's name, the city commission shall, as a ministerial duty, appoint such person to the board of trustees as the board's fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as herein provided and shall serve a twe-yea four-year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of two four years, unless he sooner vacates the office or is sooner replaced by the city commission, at whose pleasure he will serve. Each member trustee shall serve as trustee for a period of two four years, unless he sooner leaves the employment of the city as a firefighter, or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself in office. The board shall establish and administer the nominating and election procedures for each election. (2) The board of trustees shall meet at least quarterly each year. (3) The board of trustees shall be a legal entity with the power to bring and defend lawsuits of every kind, nature and description, in addition to the other powers and duties contained in this subdivision. (4) The trustees shall, by majority vote, elect from its members a chairperson and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, and hearings of the board. (5) The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (6) Each trustee shall be entitled to one vote on the board. Three affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall have the right to abstain from voting as the result of a conflict of interest provided that trustee complies with the provisions of Section 112.3143, Florida Statutes. Sec. 2.444. Same--Powers and duties. The duties and responsibilities of the board of trustees created pursuant to this subdivision shall include, but not necessarily be limited to the following: (a) Invest and reinvest the assets of the fund in annuity and life insurance contracts of insurance companies or any combination thereof, in amounts sufficient to provide, in whole or in part, the benefits to which all of the Item # 12 Attachment number 1 Page 9 of 22 members in the system shall be entitled under the provisions stated in this subdivision, and pay the initial and subsequent premiums thereon; (b) Invest and reinvest the assets of the fund in: 1. Time or savings accounts of a national bank, a state bank or a savings and loan association insured by the Federal Deposit Insurance Corporation; 2. Obligations of the United States or in obligations guaranteed as to principal and interest by the United States; 3. Stocks, commingled funds adl stp-Fed by Ratienal er state huRl?j mutual funds and bonds or other evidences of indebtedness. All individually held equity and debt securities and all equity and debt securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, and each equity and debt security must be traded on a nationally recognized exchange. All d t moll held! o rating of "MRS" er higheF sifieot at rraiTver ra r?ating GeRMG° and arTa s if si i^ irniestments Are made in a peeled! ma ri--cTr?acr-v-rv?--n-?ach r?-?rrvc?crrrcrTC.r-?? Are - fi-Ind! edlminio4eFed by a state er national hanL er mi i4i -al fi ind! theR The average rating of the entire debt securities portfolio shall be "A" or higher as rated by a major rating service. No foreign investments shall be permitted whether owned individually or in a commingled or mutual fund, except to the extent permitted by Florida Statutes Chapter 175, as amended from time to time. Up to twenty-five (25) percent of the assets of the fund at market value may be invested in foreign securities. 4. The board of trustees shall not invest more than five percent of its assets in the common stock or capital stock of any one issuing company, the aggregate investment in any one issuing company shall not exceed five percent of the outstanding capital stock of that company, and the aggregate of its investments at sest market shall not exceed 69 65 percent of the fund's assets. 5. Real estate through commingled or mutual funds and REITs traded on a nationally recognized exchange. 6. Any other investments permitted under the applicable provisions of Chapter 175, Florida Statutes, as amended from time to time. (c) Issue drafts or authorization for payments upon the fund pursuant to the rules and regulations prescribed by the board of trustees. All such drafts or authorizations shall be signed by the chairperson and the secretary and shall state upon their face the purpose for which the drafts were drawn. The depository shall retain such drafts or authorizations when paid, as permanent vouchers for disbursements made, and no money shall otherwise be drawn from the fund; Item # 12 Attachment number 1 Page 10 of 22 (d) Convert into cash any securities of the fund; (e) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings; (f) Seek, obtain and engage independent professional services, including attorneys, certified public accountants, investment advisors, custodians, and any other consultants necessary for the prudent administration of the fund, and to pay reasonable charges for such services. The sole and exclusive administration of and the responsibilities for the proper operation of the system are vested in the board of trustees. (g) The board shall not invest more than ten percent at sew market of its assets in real property or real estate and there shall be no investment in a limited partnership or trust. (h) To construe the provisions of the system and determine all questions arising thereunder. (i) To determine all questions relating to eligibility and membership. (j) To determine and certify the amount of all retirement allowances or other benefits hereunder. (k) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (1) To distribute to members, at regular intervals, information concerning the system. (m) To receive and process all applications for benefits. (n) To make recommendations regarding any and all changes in the provisions of the system. (o) To perform such other duties as are required to prudently administer the system. Sec. 2.445. Creation, maintenance of funds (1) Name of plan. A defined contribution plan has been established in accordance with the terms hereof and shall be known as the City of Clearwater Firefighters' Supplemental Trust Fund. (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. (3) Mistake of fact. Notwithstanding the foregoing provisions of paragraph (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. Item # 12 Attachment number 1 Page 11 of 22 (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. (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. (6) Source of contributions. Subject to the right reserved by the city, with the unanimous approval of the board, to alter, amend, or terminate this plan, the city shall transfer the following funds to the trustees of this plan: (a) The proportionate share of the net proceeds of the excise or license tax which is imposed upon certain fire and tornado loss insurance companies on their gross receipts of premiums from holders of policies; (b) All gifts, bequests, and devises when donated to the fund; (c) All accretions to the assets of the fund by way of interest on bank deposits, dividends, interest or otherwise; (d) All other sources of income now or hereafter authorized by law for the augmentation of the fund. (7) No reversion to employer. In no event and under no circumstances shall any contributions to this fund by the city, nor any of the fund assets or income therefrom, revert to or be paid to the city. All amounts paid by the city to the trustees shall be used and applied for the sole and exclusive benefit of the participants under this fund or their beneficiaries or estates. (8) Plan expenses. The entire cost of administering this system, and all expenses incident thereto, shall be paid by the trustees from the fund. Sec. 2.446. Membership. (1) All current members of the system shall continue to be members and all future firefighters as a condition of employment, shall become members of the system beginning on the second October 1st following his date of employment as a firefighter by the City of Clearwater. (2) An employee who ceases to be a member, terminates employment and is reemployed by the employer, shall be eligible again to become a member as provided for in subsection (1) above. Sec. 2.447. Allocations of contributions. (1) Maintenance of accounts. The trustee shall create and maintain appropriate books and records showing the respective interest of each participant, terminated vested participant, and beneficiary hereunder. Each participant shall have an employer contribution account for his share of employer contributions, forfeitures, and Item # 12 Attachment number 1 Page 12 of 22 income adjustments relating thereto. The trustee shall maintain a separate account for each participant, terminated participant, and beneficiary. The maintenance of separate accounts, however, is for accounting purposes only, and a segregation of the assets of the trust fund to each account shall not be required. (2) Allocations of contributions. The contributions of the employer shall be allocated on the first day of each plan year to and among those participants that are entitled to a contribution allocation for the immediately preceding plan year. For example, the employer contribution that was made on October 1, 1990, was allocated among those participants that were entitled to a contribution allocation for the plan year that commenced on October 1, 1989, and terminated on September 30, 1990. For purposes of this subsection (2) those participants that are entitled to a contribution allocation for a particular plan year shall mean those participants that performed services for the employer for the entire prior calendar year, or for a portion of such prior calendar year for which such participant is granted partial credit under subsection (4) hereunder. Except as otherwise provided under subsection (4) with respect to participants that perform a partial prior calendar year of service, such contributions shall be allocated equally among such participants' accounts; that is each participant account shall receive an equal allocation of such contributions. (3) Allocation of income. The trust fund income shall be allocated monthly during the plan year among the participants' accounts based on the ratio between the account balance of each participant at the time of allocation and the sum of the account balances of all participants at the time of allocation. Income shall be allocated to the accounts before the amount of any forfeiture is determined. (4) Partial allocation of contributions. Upon the date that the participant's service with the employer is terminated for any reason, including, but not limited to, retirement, death, or disability, then the following rules shall apply to determine the amount, if any, of the employers contributions that will be allocated to such participant's employer contribution account. For purposes of this subsection (4), the date upon which a participant's service with the employer is deemed terminated (the "termination date") shall be the last day of the calendar month that he officially separates from employment. The amount of any employer contributions that will be allocated to a participant depends on when the termination date occurs. As stated in subsection (2) above, for each complete calendar year of service performed by the participant, such participant shall be entitled to a full, equal share of the employer contribution on the applicable allocation date. If the termination date results in the performance of a partial calendar year of service, then pro rata credit shall be granted for each day of service performed during the period that commences on January 1 and terminates on December 31. The portion of the employer's contribution that will be allocated to such participant's account on the applicable allocation date as a result of such pro rata credit shall equal the product of: (i) an amount equal to the allocation made under subsection (2) on behalf of a participant that performed a full year of service for such plan year, multiplied by (ii) that certain fraction the numerator of which is the number of days for which pro rata credit is granted to such participant, and the denominator of which is 365. (5) No right to allocation. The fact of allocation or credit of an allocation for an employer contribution by the trustees to a participant's employer contribution account shall not vest in any participant, any right, title, or interest in the assets of the trust or in the contributions of the employer except at the time or times, to the extent, and subject to the terms and conditions provided in this plan. Item # 12 Attachment number 1 Page 13 of 22 If thTe.pp- i.+,a?shert limltatVln Year honor ise of a ehanne in limitation year, the- Multiply Viill the $40,000.00 IIrv,ItatiGR /nr larger i itatinn\ by the fnlln ng frn?, n4 Ali m iher of 1m1enths in Oho short year 12 rvan-rr.? The t? ??anni i'+I arlrlitiens?? Oho- ei int allr-eated to a partieipant?s ?-rrc? ?r mr? ?rr aeeni int d irinn the IlmltatVln dear that is enmprised nf• ka4 The allneahle chore of the emplnyer enntrihi itinn fnr the limitation year• ).) The alkeeahle share of fe1"fe1+i Tres fnr the limitation dear; /o\ All emp19yee enntrihi itinns merle d irino the limitation deer ifftth_ry anni'A' arlrlitinns eXGce?'m mitatiA-A rleonriherl -AbAeye the aR in the fnlln?niinn order of preoerlenoe• k7 if an amoi int is Told in the of 16 itime peRs 19 e e aGG 9i int the , shall not onntrihi rte p , aR amni int to the plan that we" d oar i P y ce an allnoatinn to the ari y f th l t f th li it t If th l ' l GHGpeRGRaAG-G-A-1-1Rt as eaF o e as day o e m a ?Gi--r e emp + ies a ey?e7 vi- r m rrr r-cr?r?"? ? ? r'?-entc?zr (a) Notwithstanding any other provision of the System, the annual addition limitation vear (limitation vear means the calendar vear) shall not exceed Item # 12 (6) Maximum additions. hInt.niithstonrlinn aRy nth n of-t-h-is-con ?47,tthe ??anni iol arlrlitinnstno a partieipant's aeeni int fnr aRy limitation ?i(?h;;" npt:)t Attachment number 1 Page 14 of 22 1. $40,000, as adjusted for increases in the cost-of-living prescribed by the Secretary of the Treasury under Code Section 415(d), or 2. 100 percent of the Member's compensation for the limitation year (limitation year means the calendar year). Annual Addition Definition: The term "annual additions" means the amount allocated to a Member's account during the limitation year that is composed of: 1. The allocable share of the employer contributions (Chapter 175) for the limitation year. 2. The allocable share of forfeitures for the limitation year: and 3. Any post-tax employee contributions made during the limitation year. (c) Compensation Definition.-. Solely for purposes of this 415(c) limit, "compensation" means compensation as defined in Code Section 415(c)(3) and shall not exceed the annual limit under Code Section 401(a)(17) (increased pursuant to Code Section 401(a)(17)(B)). In general, Code Section 415(c)(3) defines compensation as all of a Member's wages as defined in Code Section 3401(a) for the purposes of income tax withholding at the source, but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2V provided, however, compensation shall also include the amount of any elective deferrals, as defined in Code Section 402(8)(3), and any amount contributed or deferred by the Employer at the election of the Member and which is not includible in the gross income of the Member by reason of Code Sections 125, 132(f) (as of January 1, 2001), or 457. Compensation shall not include contributions picked-up Generally, compensation is the compensation during the applicable limitation year. However, solely for purposes of this 415(c) limit, payments made within 2'/ months after termination, or, if later, the end of the limitation year during which the termination occurred will be taken into account in determinina compensation for 1. regular compensation for services during the Member's regular workina hours. or compensation for services outside the Member's compensation would have been aaid to the Member arior to a Item # 12 Attachment number 1 Page 15 of 22 2. payments for unused accrued bona fide sick, vacation or other leave, but only if the Member would have been able to use the leave if employment had continued; or 3. payments pursuant to a nonqualified unfunded deferred compensation plan, but only if the payments would have been paid to the Member at the same time if the Member had continued employment with the Employer and only to the extent that the payment is includible in the Member's gross income. Any payments not described above are not considered compensation if paid after termination, even if they are paid within 2'/ months following termination. or. if later. the end of the Plan Year durina which the termination occurred. tmpioyer ay reason or quantiea military service lwitnin ine meaning of Uoae section 414(u)(1)) to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering qualified military service. Cer pi irpese-s of thin of iboentOGR /7\ the defined benefit plan fFaGtlr,n io• Tham of the prniented anal iol he.pefit of the partinipant WndeYC all Tezrd T`'???ent of the Ilar limitation in effenQOr nStTeR /1'I F/h\/1 \/4\ far the Ilmlt']tlrln y' nr /C) p eat ref his eFage tir-n fer hie high three r•nnoeni iti?ie nalendar yearo of oerVine if the pleyee was a partinipant in gne GF MGFPQP-fi.RTP-d beRefit ago I' ' lvury'-r19v2- Cer pi irpeoeo of thin of ihoentinn /7\ the definer! ngntrihi itign plan frantinn io• terminated maintained by the empleyer \ Item # 12 Attachment number 1 Page 16 of 22 Th am of the lesser of rho If?nlln?niinn omnl In c rl er or! for tho li ImROtiyeaf ancyrrafvTeOeh prier llmltatlen Yeo?lr__nofr?oniino ?nyith the gmnley r'5pernro?n nf th le Ilar limitation in ?-f pr-t Iapr?+Ap 41 /n\/ !)(A) nf`'thlfoV„`'71?" far the .1 rml it at OGR yeaf Plans\• er /ii\ QF Percent of the PartieiPantls eemPensatien fnr the Ilmltatlen door ee was a if the emPle PartieiPant in one GF MG Fe d eentrihl Finn Plans y f this fr; the Sum A ;r tOAp ;;p ' '' f tl th i ld - 1 d - l I I d 0 plan ran en e ePny se ?nyAl I Q I ,A ar t h e° Ps 44 G Ps Ps c ri Pis, A- f t an n s p eF th :. h f th f th th f ti 1 (1 i '? \ i t f thi y o e sI Im o e e? m ?r-crt? .ia rae nns ever 1 Q , t uvsTVn? r mes the e (2) na r o s dennm hrs re lane lard 1 1983, Whinh was depted by the e?h re II Irie-cam 1983hall?T?or! as o plan inRepee nn II Ili 1 `?1'^(]?fB . Per PI Irpeses of this subseetien /7\ and sI Ib?eetien /R\ the fGIIGWiRg eeFFn jS;hall have the meanings shAGYVA hele\nr tp-prn IeRsatinrhallll ITeaR o participant's wages, salaries, aRd fees of se RMGes 'end vothec? r Amnvl Irntlrc, eceic?yedz fnr ser?yicecr-v-rvc? s ants (ally Trer?rc ndered in the ?ur? I Irse vr a cr-v-rvc??rra-rr?r-arrrcr? r-cccrcr-rvr?rcrca ?rr-s-?? fal Eyer centrihl Itiens to a plan of rlafarFerl?eGFnpp?ati nn ?.Mhich are net l_ ??``^"?? irrn- III?IiJAhle in the eMP19yee'S gFGGG innnme IfAr t?axahle dear in whinh ?yee ntrCrihrpazccl Ited, G F r yr ?ntrihlarrvr Itiens I Inner a simmrpplificecr! emPlvey-cc - ?rm?nr.???crcr -a-?nrrrcrrr?r GArT PTA n plan to the aAaRt 631eh enntrihl Itinns -Are dedl Ictihle by the empleyi a er an y distrihl ,bens frem a plan of deferrer! nnmpensatinn• ?T'TPY?' > /h\ Other amrvInts ?nyhich received spenial tav henefits er nentrihl Itiens made ? I by the PleYar?Tether er net I Inderalo?redl Ictien agreee_ImeRt) ti,no?ny?s the PI Irehase of an annl Iity deseri-hed ? +e 403(b) ef the ('cwcrcede (wh2er er net the aFl?AI I rntl are hle ro the gross -?avrr crures ??? y2k me- frrvrm the gFGGS- inceme of the emPleyee)Per the PI Irpeses of applying the limitatiens of this divisien enmpensotinn fnr a acivrI Ich year I -Ales ether?nyise specified in writing by the emPln?yer s r?car-arrrcr?vrrT Item # 12 Attachment number 1 Page 17 of 22 aF R°f'+ol l meaR a reiented annual he rrn " The te tini a Rt's onn ben rtit p ll p . - p •laR providedb pr a -- de fiRed be•Refit em le An th c r Ci hil - p y p y r nr+no4An4 Ao of the ni wren4 Ilm Ot AtNGR dear for all we limitation eaFs y Sec. 2.448. Benefits under the plan. (1) Retirement benefit. a. A participant shall be entitled to a normal retirement benefit upon attainment of the normal retirement date. b. Until a participant actually terminates employment with the employer, he shall not receive a distribution and he shall continue to be treated as a participant. C. Such benefit shall be paid as provided for in section 2.449. d. Required distribution date. The member's benefit under this section must beain to be distributed to the member no later than Aaril 1 of the member attains aae seventy and one-half (70'/2) or the calendar (2) Termination benefit. a. In the event that a participant's employment with employer is terminated by reason other than retirement, death or disability, he shall be entitled to receive an amount equal to his vested benefit, if any, which shall be paid as provided for in section 2.449. (3) Disability benefit. a. In the event that a participant is determined to be disabled by the board of trustees of the City of Clearwater Employees' Pension Plan, and such disability was incurred in the line of duty, he shall be paid a benefit as provided for in section 2.449. b. In the event that a participant is determined to be disabled by the board of trustees of the City of Clearwater Employees' Pension Plan, and such disability was not incurred in the line of duty, he shall be entitled to his vested benefit, if any, which shall be paid as provided for in section 2.449. Item # 12 Attachment number 1 Page 18 of 22 C. If the event that a disability retiree is recalled to employment, membership in the system shall be pursuant to the provisions of section 2.446. (4) Death benefit. a. In the event that a participant dies and such death is determined by the plan administrator to have been incurred in the line of duty, he shall be paid a benefit as provided for in section 2.449, to his designated beneficiary, or if none, to his estate. b. In the event that a participant dies and such death is determined by the plan administrator to have not been incurred in the line of duty, he shall be entitled to his vested benefit, if any, which shall be paid as provided for in section 2.449, to his designated beneficiary, or if none, to his estate. Sec. 2.449. Vesting and distributions. Except for an in-line of duty incurred disability or death, a member must be employed with the city as a firefighter and a member of the plan for ten or more years to become vested and earn any benefit (account value) from the plan. A member or participant who is not vested shall not receive any benefit from the plan. A vested member who becomes eligible for payment of benefits as provided for in section 2.448 shall receive the value of his account as follows: (1) Initial distribution. Upon entitlement to a benefit, the participant's account value, as determined by the plan administrator, as of the last day of the month in which there was official separation from employment shall be paid. (2) Second distribution. A separated participant shall receive a full share of employer contributions (state insurance premium tax rebate) at the end of the first plan year following the separation from employment as a participant. No earnings or losses shall be credited to or debited from the account. The second distribution may be combined with the initial distribution if previous calendar year employer contributions (SIPTR) have been allocated and credited to the participant's account at the time the initial distribution is made. (3) Final distribution. A separated participant shall receive a pro-rated share of employer contributions (state insurance premium tax rebate) at the end of the second plan year (or first plan year if a combined initial and second distribution was made) following the separation from employment as a participant. The pro-rated share shall be determined by dividing the total number of man days for the prior calendar year into the total amount of the state insurance premium tax rebate monies received from such prior calendar year, then multiplying such quotient by the total number of calendar days that the separated participant actually worked as a member in such prior calendar year. No earnings or losses shall be credited to or debited from the account. Sec. 2.450. Termination of system. (1) Upon termination of the system for any reason, the fund shall be apportioned and distributed in accordance with section 2.449 to the extent permitted by the state insurance premium tax rebate monies. The board of trustees shall determine Item # 12 Attachment number 1 Page 19 of 22 the date of distribution and the asset value to be distributed upon termination of the system. Sec. 2.451. Direct transfer of eligible rollover distributions. (1) Rollover distributions (a) General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) Definitions (1) Eligible rollover distribution: 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 includable in gross income. Effective January 1, 2002, any portion of any distribution which would be includable in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a)i to an individual retirement annuity described in section 408(b)i er to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable ; or on or after Januarv 1. 2007. to a aualified defined benefit clan described in Code earninas thereon). includina separately accountina for the aortion of the istribution that is not so includible. (2) Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Codei an individual retirement annuity described in section 408(b) of the Codei an annuity plan described in section 403(a) of the Codei an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in section 403(b) of the Codei er a qualified trust described in section 401(a) of the Code; or effective January 1, 2008, a Item # 12 Attachment number 1 Page 20 of 22 Roth IRA described in Section 408A of the Code, that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving spouse. (3) Distributee: A distributee includes an employee or former employee. ?R It also includes the employee's or former employee's surviving spouse s a r!'ctrihi U+°° ?Nith regard to the intoroct of the spe ico and the employee's or former employee's spouse or former spouse. (4) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the Distributee. (c) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one-thousand dollars ($1,000.00), such distribution shall be made from the Plan only uaon written reauest of the Member to either receive a cash lump sum or to rollover the lump sum amount. Sec. 2.452. Forfeiture of pension. (1) Any member 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 system as of the date of termination. Specified offenses are as follows: (a) The committing, aiding or abetting of an embezzlement of public funds; (b) The committing, aiding or abetting of any theft by a public officer or employee from employer; (c) Bribery in connection with the employment of a public officer or employee; (d) Any felony specified in Chapter 838, Florida Statutes; (e) The committing of an impeachable offense; (f) 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 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-, or L(:11 The committing on or after October 1, 2008, of any felony defined in Section 800.04, Florida Statutes, against a victim younger than sixteen (16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18) years of age, by a public officer or employee through the use or attempted use of power, rights, Drivileaes. duties. or Dosition of his or her Dublic office or emplovment Item # 12 Attachment number 1 Page 21 of 22 (2) 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. (3) 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. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present his case against forfeiture. (4) Any member who has received benefits from the system after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received. The board may implement all legal action necessary to recover such funds. Sec. 2.453. n, alifiGatinn ^f SySte -, Miscellaneous provisions. It 0.6; 0.1cite-Rded th-at the system will r.e.p.stiti-ite a qualified p6lbliG PeRSOGR plaR 6IR the ?nlinnhlo pi:eyioieps ref the ?cr? rlo as AAw in °ff°n4 Ar horcrconftPr nmpAdp ! RAd a 'III m? ?rm??rvvr?rrcrrcarvr?-r?rcc?--anTCr?rcrca-arrcrTr (a) Interest of members in system. All assets of the fund are held in trust, and at no time arior to the satisfaction of all liabilities under the svstem with resaect to income of the fund be used for or diverted to any purpose other than for their exclusive benefit. b an under code section a clan meetina the in of svstem. It is intended that the svstem will constitute a plan under the applicable provisions of the code for a qualified 401(a) and a governmental plan under code section 414(d), as r amended. Any modification or amendment of the system may necessary or appropriate, to qualify or maintain the system as uirements of the applicable arovisions of the code as now in laws. as now in effect or nereafter amenaea or aaoatea. ana ine reauiations issuea (c) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by Code Section 503(b). aualified militarv service are aoverned by Code Section 414(u) and the Uniformed extent that the definition of "credited service" sets forth contribution requirements that Item # 12 nrr??iioir?no of the U.S. federal tay, laws ir n °ff°n4 ^r horonf4or nmonrlorl ^r prv'vrJrvrr? ccr , ? ? R-?rvvvGW --rrcr7'carvr?-rcrccrrccr-anTC?"rcrca-vr adep ed aRd the r°ni ilatinnc issi led theroi in e-F Attachment number 1 Page 22 of 22 are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (e) Electronic forms. In those circumstances where a written election or consent is not reauired by the clan or the Code. an oral. electronic. or teleahonic form in e board snail comply with I reas Compliance with Chapter 175, Florida Statutes. It is intended that m will continue to aualifv for fundina under F.S. P175.101 Accordinalv. un administered in accordance with the requirements of such chapter. Sec. 2.454. Domestic relations orders; Exemption from execution, non- assignability. (a) Domestic relations orders. Prior to the entry of any domestic relations order which affects or purports to affect the system's responsibility in connection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. If a domestic relations order is not submitted to the board for review prior not leaallv take. and the svstem exaends administrative or leaal fees in be required to reimburse the system for its expenses in connection with the order. Exemption from execution, non-assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the accumulated contributions and the cash securities in the fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. Sec. 2.455. Beneficiaries. (1) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation-of-beneficiary form. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (2) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (1), or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceased the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree. Item # 12 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8245-11 on second reading, amending the Police Officers' Supplementary Pension Trust Fund to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 185, Florida Statutes. SUMMARY: Review Approval: Cover Memo Item # 13 Attachment number 1 Page 1 of 13 ORDINANCE NO. 8245-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER POLICE OFFICERS' SUPPLEMENTARY PENSION TRUST FUND; AMENDING THE DEFINITIONS IN SECTION 2.471 AND THE ENTITLEMENTS IN SECTION 2.472 TO COMPLY WITH INTERNAL REVENUE CODE CHANGES AND CLARIFY BENEFIT CALCULATION; AMENDING SECTION 2.473 TO INCREASE THE TERMS OF OFFICE OF THE BOARD OF TRUSTEES; AMENDING SECTION 2.474 RELATING TO THE AUTHORITY OF THE BOARD TO INVEST AND REINVEST THE ASSETS OF THE FUND; AMENDING SECTION 2.476 TO CLARIFY THE REQUIRED DISTRIBUTION DATE AND BENEFIT CALCULATION; AMENDING SECTION 2.480 TO PROVIDE FOR ROLLOVER DISTRIBUTIONS AND TO ELIMINATE MANDATORY DISTRIBUTIONS IN COMPLIANCE WITH THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT; ADDING SECTIONS 2.480.1 THROUGH 2.480.4 RELATING TO FORFEITURES, MISCELLANEOUS PROVISIONS, DOMESTIC RELATIONS ORDERS, AND BENEFICIARIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Police Officers are presently provided pension and certain other benefits under Ordinances of the City of Clearwater; and WHEREAS, the City Council desires to clarify and restate the provisions of the Police Officers' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable provisions of Chapter 185, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Chapter 2, Administration; Article V, Employee Benefits; Division 5, Police Officers' Pension Plan; Subdivision II, Supplementary Pension and Retirement Plan is hereby amended and restated as set forth in the document designated CITY OF CLEARWATER POLICE OFFICERS' SUPPLEMENTARY TRUST FUND, attached hereto as Exhibit A and made a part hereof. Section 2. Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Clearwater. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative Ordinance No. 8245-11 Item # 13 Attachment number 1 Page 2 of 13 agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. Section 5. This Ordinance shall become effective upon its adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Robert J. Surette Assistant City Attorney Frank Hibbard Mayor Attest: Rosemarie Call City Clerk 2 Ordinance No. 8245-11 Item # 13 Attachment number 1 Page 3 of 13 CITY OF CLEARWATER POLICE OFFICERS' SUPPLEMENTARY PENSION TRUST FUND Sec. 2.471. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a difference meaning: Board means the board of trustees of the police officers pension trust fund as provided for in this subdivision. fie- Dir°nt rnllnvep meaRsa payTmeRt by the plan fn the eligible retirement oponified by the distFib tese GTTIITT ? 011 i 0 0 1 4 hp An eligible Pe tie. t! - d s tr 1_1 t. G. R. i s . M.. a d Pe t Ge -A.A. ..A. d . V . d 1-1a; . r Pe tir Pe. M.. Pe Rt ? ih ?i li i l l ih ! i /1 (1 I +en q r i i nn p ed d ed nnn ua f an r ocnr or r rrn c Tnn (a) vnr ?rra?cv-r? ,. vrr-rv pnrtinn of ci inh rlictr&'f irm Whinh is not cn innL irlihlo Net credit means the amount standing to the credit of a participant's share account as at the end of the preceding fiscal year. Exhibit A Item # 13 eligible empleyeF desrori-hp-d- imp sP_r__tiA_.A 4F-;:7(e)(I )(A) ef the 'Ate-FA-al Revepue Cede aPA ?Z.01Z?_-__ Me SePViGe Cede, that aGGepts the eligible FGI1G)Vor diStrihi itir?n 4n the of 1PAVinn ape se Attachment number 1 Page 4 of 13 Participant means every police officer of the city eligible to have moneys credited to his share account and to receive benefits therefrom pursuant to this subdivision. Pension trust fund means the police officers' fund as provided for in this subdivision. Police officer means any person who is elected, appointed, or employed full time by the city and certified or required to be certified as a law enforcement officer in compliance with F.S. § 943.14, who is vested with the authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. The term includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full- time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not include part-time law enforcement officers or auxiliary law enforcement officers as defined in F.S. § 943.10(5) and (7). The term shall specifically exclude any person employed in the entry level position of police recruit I who is not certified or required to be certified as a law enforcement officer, and any other employee of the city not certified or required to be certified as a law enforcement officer and not employed full time as a sworn law enforcement officer. Service means all time served as a police officer of the city for which regular compensation is paid by the city and all time during which a participant is on military leave in active military service and subject to the application of F.S. ch. 115. The term shall include all leaves of absence with pay, but shall not include leaves of absence during which no regular compensation is paid by the city, except military leave. Sec. 2.472. Entitlement; allocation. (1) Each participant shall be entitled to one share or a fractional share in the fund for each full year or a portion of a year of service as a police officer of the city. A fractional share for service rendered by each participant shall be determined by the number of days of service in each calendar year, assuming a 365-day year. (2) The total moneys received, including interest earned, any gifts and the credits forfeited by the participants, all of which constitute income to the fund during each fiscal year, shall be allocated and the value of the respective participant's shares shall be determined as follows: (a) The board shall pay all costs and expenses of management and operation fA-r the fi al yeaF last P-Rded- of the last date of employment as a participant. (b) The board shall set aside as much of the income as it considers advisable as a reserve for expenses for the then current fiscal year. (c) After deducting the moneys called for in subsections (2)(a) and (b) of this section, the remaining moneys shall be allocated and credited to the share accounts of the respective participants. (3) The number of shares to which each and every participant is entitled as of ;",P- ^'PGf °' gGal year of the last date of employment as a participant, shall be 4 Ordinar Item # 13 Attachment number 1 Page 5 of 13 added together and the total number of shares thus determined shall be divided into the net amount of money available to be allocated and credited to the respective share accounts. The amount to be credited to the account of each participant will then be obtained by multiplying the value determined for one share by the total number of shares to which each participant is entitled. (4) Based on the asset balance of the pension trust fund on September 30 of each year, the value of each participant's share shall be calculated and credited to his share account. Such calculation shall be made and credits allocated to his share account once only in each fiscal year. rPr^r"vra ie i.s; call Pet be Mande fvr a paFt of the . eaF Prorations shall be made to the last date of employment as a participant. (5) Maximum Additions. (a) Notwithstanding any other provision of the System, the annual addition that may be contributed or allocated to a Member's account for any limitation year (limitation year means the calendar year) shall not exceed the lesser of: 1. $40,000, as adjusted for increases in the cost-of-living prescribed by the Secretary of the Treasury under Code Section 415(d), or 2. 100 percent of the Member's compensation for the limitation year (limitation year means the calendar year). Annual Addition Definition: The term "annual additions" means the amount allocated to a Member's account during the limitation year that is composed of: 1. The allocable share of the employer contributions (Chapter 185 monies) for the limitation year. 2. year: and The allocable share of forfeitures for the limitation 3. Any post-tax employee contributions made during the limitation year. (c) Compensation Definition. the annual limit under Code Section 401(a)(17) (increased pursuant to Code Section 401(a)(17)(B)). In general, Code Section 415(c)(3) defines compensation as all of a Member's waaes as defined in Code Section in wa ent or the services r in Code Section also include the 5 Ordinar Item # 13 Attachment number 1 Page 6 of 13 amount of any elective deferrals, as defined in Code Section 402(8)(3), and any amount contributed or deferred by the Employer at the election of the Member and which is not includible in the aross income of the Member Compensation shall not include contributions picked-up pursuant to Code Section 414(h). nerallv. compensation is the compensation durina the aaalicable 2'/2 months after termination, or, if later, the end of the limitation year during which the termination occurred will be taken into account in determining compensation for allocations if they are payments that, absent a termination, would have been paid to the Member while the Member continued in employment with the Employer and are: 1. regular compensation for services during the Member's regular working hours, or compensation for services outside the Member's regular work hours (such as overtime or shift differential), commissions. bonuses. or other similar aavments. and the termination if the Member had continued employment with the Employer; or 2. payments for unused accrued bona fide sick, vacation or other leave, but only if the Member would have been able to use the leave if emplovment had continued: or 3. payments pursuant to a nonqualified unfunded deferred compensation clan. but only if the aavments would have been aaid employment with the Employer and only to the extent that the payment is includible in the Member's gross income. Any payments not described above are not considered compensation if paid after termination, even if they are paid within 2'/ months following termination, or, if later, the end of the Plan Year during which the termination occurred, except for aavments to the Member who does not currently aerform services for the Emalover by extent these aavments do not exceed the amounts the individual would have received if Sec. 2.473. Board of trustees--Creation; members. (1) There is hereby created a board of trustees of the supplementary police officers' retirement fund, which shall be solely responsible for administering the trust fund. The board of trustees shall consist of five members. Two members, unless otherwise prohibited by law, shall be legal residents of the city who shall be appointed by the city council, and two members shall be police officers who shall be elected by a majority of the police officers who are participants. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the city council. Upon receipt of the fifth person's name, the city council shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. The fifth member shall have the same rights as each of the other four members and shall 6 Ordinar Item # 13 Attachment number 1 Page 7 of 13 serve a four year term unless he sooner vacates the office. Each resident member shall serve as trustee for a period of twe four years unless sooner replaced by the city council, at whose pleasure he will serve. Each police officer member shall serve as trustee for a period of twe four years unless he sooner leaves the employment of the city as a police officer, whereupon the city council shall choose his successor in the same manner as an original appointment. Each member may succeed himself in office. (2) The board of trustees shall meet at least quarterly each year. (3) Each board of trustees shall be a legal entity with the power to bring and defend lawsuits of every kind, nature and description, in addition to the other powers and duties contained in this subdivision. (4) The trustees shall by majority vote elect from its members a chairperson and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. (5) The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. Sec. 2.474. Same--Power and authority. (1) The board of trustees shall have power and authority to invest and reinvest the assets of the pension fund in: (a) Time or savings accounts of a national bank, a state bank insured by the Federal Deposit Insurance Corporation, or a savings, building and loan association insured by the Federal Savings and Loan Insurance Corporation; (b) Obligations of the United States or obligations guaranteed as to principal and interest by the United States; (c) Stocks, commingled funds administered by Rational nr state baRkj mutual funds and bonds or other evidences of indebtedness. All individually held equity and debt securities and all equity and debt securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United Stated, any state or organized territory of the United States or District of Columbia, and each equity and debt security must be traded on a nationally recognized exchange (including NASDAQ). All debt securities shall hold a rating in one of the three highest classifications by a major rating service, and if such investments are made in a pooled fund administered by a state „r n_+iA_.Aa t;;Pk or mutual fund, then the rating of each issue in the pooled fund shall hold a rating within the top three rating classifications of a major rating service. ^le per n inioc?m ? h-allbePer hp_thocrt:)WAPd In no event, however, shall more than twenty-five percent of the assets of the Fund at market value be invested in foreign securities. The board of trustees shall not invest more than five percent of its assets in the common stock or capital stock on any one issuing company, the aggregate investment on any one issuing company shall not exceed five percent of the outstanding 7 Ordinar Item # 13 Attachment number 1 Page 8 of 13 capital stock of that company, nor shall the aggregate of its investments in common or capital stock or convertible securities at sest market exceed 65 percent of the fund's assets. (2) At least once every three years, the board of trustees shall retain an independent consultant professionally qualified to evaluate the performance of professional money managers. The independent consultant shall make recommendations to the board of trustees regarding the selection of money managers for the next investment term. These recommendations shall be considered by the board of trustees at its next regularly scheduled meeting after receipt of the recommendations by the board. The date, time, place, and subject of this meeting shall be advertised in a newspaper of general circulation in the city at least ten days prior to the date of the hearing. (3) The sole and exclusive administration of and the responsibilities for the proper operation of the retirement trust fund and for making effective the provisions of this subdivision are vested in the board of trustees, provided that nothing in this subdivision shall empower the board of trustees to amend the provisions of a retirement plan without the approval of the city council. (4) The trustees of the pension plan established pursuant to this subdivision and all other persons occupying a fiduciary position under this subdivision in the administration of this subdivision and in investing and reinvesting assets of the pension fund shall utilize and be governed by the prudent man rule. The trustees in the performance of their duties are authorized to seek, obtain and engage independent professional counsel and secretarial and clerical services and advice and to pay reasonable charges for the service from funds available to the board of trustees for such purposes. Sec. 2.475. Death and disability benefits. (1) If a participant shall die while employed by the city, his beneficiary or estate shall be entitled to the accumulations standing to the credit of the deceased participant, irrespective of the age or years of credited service of the participant. (2) Upon satisfactory proof to the board of trustees of total and permanent job- related disability which renders the affected participating member unable to perform the duties and functions of a police officer, a participant will be entitled to receive his outstanding shares on the date of retirement. In the event that the City of Clearwater Employees' Pension Plan has determined that a police officer has become permanently incapacitated through injury or illness contracted in the line of duty, such determination may be considered as proof of a job-related disability under this Police Officers' Pension Plan. Sec. 2.476. Separation benefits. (1) If a participant shall separate from service for any reason whatsoever after ten or more years under the plan established pursuant to this subdivision, he shall be paid the entire amount to his net credit as of the last PFeGe Rg fi°^"l yoar last date of employment as a participant, reduced by three percent per year for each year that the employee is short of his normal retirement date. For the purposes of this plan, normal retirement shall mean 20 years of service from his date of hire as a police officer. 8 Ordinar Item # 13 Attachment number 1 Page 9 of 13 (2) Settlement as provided in subsection (a) of this section shall be in full acquittal of all claims of a participant against the fund, and he shall thereupon cease to be a participant. Sec. 2.477. Rights and benefits not subject to legal process. The rights and benefits provided for in this subdivision are, when due and payable, vested rights of participants in the fund, and shall not be subject to attachment, garnishment, execution or any other legal process. Sec. 2.478. Responsibility of city. The city shall have no responsibility for the operation of the fund established pursuant to this subdivision except as specified in this subdivision and shall bear no expense in the operation of the fund. Sec. 2.479. Conflict with F.S. ch. 185. If any provision of this subdivision or the plan created pursuant to this subdivision shall conflict with the provisions of F.S. ch. 185, such conflict shall be resolved in favor of the statutory provisions which are intended to control, and the conflicting provision of the subdivision shall be severed without affecting the purpose of this enactment. Sec. 2.480. Direct transfers of eligible rollover distributions; elimination of mandatory distributions. ?y (1 )T-his °eGtiGR applies tv dio4rih, i4ien made Ap Ar a leF jani iary 'I 2(lac (1) Rollover distributions. (a) General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner Drescribed by the board. to have anv Dortion of an eliaible rollover (b) Definitions. (1) Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee. except that an eliaible rollover distribution does not include anv 9 Ordinar Item # 13 (70'/) or the calendar year in which the member terminates employment with the city. Attachment number 1 Page 10 of 13 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 includable in aross income. Effective Januarv 1. 2002. anv aortion of employee contributions will be an eligible rollover aistribution it the distribution is made to an individual retirement account described in section 408(a); to an individual retirement annuity described in section 408(b); to a aualified defined contribution clan described in section 401(a) or 403(a) which is includable in gross income and the portion of such distribution which is not so includable ; or on or after January 1, 2007, to a qualified defined benefit clan described in Code Section 401(a) or to an annuitv liVl 111 Qlil UGJI.iIIVGU III VVUG JGI.iIIVII YVJt V/, IIIQI QI41UUJ lV JGI.JQIQIGIY account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (2) Eligible retirement plan: 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) of the Code; an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this clan: effective Januarv 1. 2002. an annuitv contract described in of ine Loae; or effective January "I , zyyo, a Koin IKA aescrloea in Jection 408A of the Code. that accents the distributee's eliaible rollover distribution. the surviving spouse. (3) Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse. (4) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the Distributee. (c) Elimination of mandatory distributions. required by law, for an amount in excess of one-thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the Member and comaletion by the Member of a written election on forms desianated by the Board. to Sec. 2.480.1. Forfeiture of pension. 10 Ordinar Item # 13 Attachment number 1 Page 11 of 13 (1) Any member 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 system as of the date of termination. Specified offenses are as follows: (a) The committing, aiding or abetting of an embezzlement of public funds; (b) The committing, aiding or abetting of any theft by a public officer or employee from employer; (c) Bribery in connection with the employment of a public officer or employee; (d) Any felony specified in Chapter 838, Florida Statutes; (e) The committing of an impeachable offense; (f) The committing of any felony by a public officer or employee who willfullv and with intent to defraud the aublic or the aublic aaencv. for which perTormance or nis auty as a puoiic officer or employee, realizes or ootains or attempts to obtain a profit, pain, 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; or (g) The committing on or after October 1, 2008, of any felony defined in Section 800.04. Florida Statutes. aaainst a victim vounaer than sixteen (16) aaainst a victim vounaer than eiahteen (18) vears of aae. by a aublic officer uties. or aosition of his or her aublic office or emplovment aosition. competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of quilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. (3) 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. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the riaht to have an attornev opportunity to present his case against forfeiture. (4) Any member who has received benefits from the system after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received. The board may implement all legal action necessary to recover such funds. Sec. 2.480.2. Miscellaneous provisions. a) Interest of members in svstem. All assets of the fund are held in trust. and retirees and members and their spouses or beneficiaries, shall any part of the corpus or 11 Ordinar Item # 13 Attachment number 1 Page 12 of 13 income of the fund be used for or diverted to any purpose other than for their exclusive hPnPfit (b) Qualification of system. It is intended that the system will constitute a ualified public pension clan under the applicable provisions of the code for a aualified now in ettect or nereatter amended. Any moaitication or amendment of the system may be made retroactivelv. if necessarv or aaaroariate. to aualifv or maintain the svstem as a or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (c) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by Code Section 503(b). (d) USERRA. Effective December 12, 1994, notwithstanding any other rovision of this system, contributions, benefits and service credit with respect to ualified militarv service are aoverned by Code Section 414(u) and the Uniformed extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (e) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treas. Req. § 1.401(a)-21. system will continue to qualify for funding under F.S. §185.08 Accordingly, unless otherwise reauired by law. anv provision of the svstem which violates the reauirements in accordance with the requirements of such chapter. Sec. 2.480.3. Domestic relations orders; Exemption from execution, non- assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic relations order which affects or purports to affect the svstem's responsibility in connection with the aavment of benefits of a or retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. Exemption from execution. non-assignability. Except as otherwise any person under the provisions of this ordinance and the accumulated contributions and 12 Ordinar Item # 13 (2) If a domestic relations order is not submitted to the board for review prior to entrv of the order. and the svstem is ordered to take action that it may not leaallv take. Attachment number 1 Page 13 of 13 the cash securities in the fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. Sec. 2.480.4. Beneficiaries. (1) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or chanaed by such member or retiree by sianina and filina with the board a new prescrioea in suosection ("i ), or it ine oeneticiary for oeneficiaries) namea oy a aeceasea member or retiree predeceased the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree. 13 Ordinar Item # 13 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8260-11 on second reading, relating to Code of Ordinances Chapter 2, Administration, Article III, Appointed Authorities, Boards, Committees, Division 1; amending Section 2.061, Application of Article; Definitions, to provide for proof of residency. SUMMARY: Review Approval: Cover Memo Item # 14 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8260-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO CODE OF ORDINANCES CHAPTER 2, ADMINISTRATION, ARTICLE III, APPOINTED AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1; AMENDING SECTION 2.061, APPLICATION OF ARTICLE; DEFINITIONS TO PROVIDE FOR PROOF OF RESIDENCY, PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to make certain changes to Code of Ordinances Chapter 2, Article III, Division 1 regarding appointed authorities, boards, and committees, in order to provide for improved administrative efficiency; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 2, Article III, Division 1, Code of Ordinances, Section 2.061, is hereby amended to read as follows: Section 2.061 Application of Article; Definitions. 2) As used in this article: a) "Board of the city" or "board" means a board, committee, authority, or other entity established by an ordinance or resolution adopted by the city council or by a special act of the Florida Legislature relating solely to the city, and for which the city council has the authority to establish the qualifications for membership. The term does not include an agency of the state or of the county, or an agency established by interlocal agreement, notwithstanding that the city council may appoint one or more members to the board of such agency. b) "Resident" means a natural person who resides or owns property within the City of Clearwater. Where there is a residency requirement for board membership, one of the following forms shall be accepted as proof of residency: current voter registration within city limits; or ownership of real property within city limits; or possession of a valid current Florida Drivers' License issued to an address within city limits; or a Declaration of Domicile filed with the city clerk affirming residency within city limits. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No.18M#114 Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No. UW4114 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 15 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Low Income Senior Housing Tax Credit - Mayor Hibbard SUMMARY: Review Approval: Cover Memo Item # 16 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Children's Book Week Proclamation SUMMARY: Review Approval: Cover Memo Item # 17 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Public Works Week Proclamation SUMMARY: Review Approval: Cover Memo Item # 18 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Relay for Life Proclamation SUMMARY: Review Approval: Cover Memo Item # 19 Meeting Date:5/2/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Restaurant Week Proclamation SUMMARY: Review Approval: Cover Memo Item # 20