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05/05/2011 City Council Agenda Location: Council Chambers - City Hall Date: 5/5/2011- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Children’s Book Week Proclamation Attachments 4.2National Public Works Week Proclamation Attachments 4.3Relay for Life Proclamation Attachments 4.4Restaurant Week Proclamation Attachments 5. Approval of Minutes 5.1Approve the minutes of the April 20, 2011 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Approve 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 8. Second Readings - Public Hearing 8.1Adopt 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 8.2Adopt 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 8.3Adopt 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 City Manager Reports 9. Consent Agenda 9.1Authorize 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 9.2Ratify 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 9.3Accept 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 9.4Approve 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 9.5Approve 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 9.6Reappoint Barbara Green to the Brownfields Advisory Board in the resident category with term to expire May 31, 2015. Attachments 9.7Reappoint Lisa Hughes to the Neighborhood and Affordable Housing Advisory Board with term to expire May 31, 2015. Attachments 10. Other Items on City Manager Reports 10.1Amend 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 10.2Amend 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 10.3Authorize 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 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Other Council Action 12.1Other Council Action Attachments 13. Closing Comments by Mayor 14. Adjourn Meeting Date:5/5/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Children’s Book Week Proclamation SUMMARY: Review Approval: Cover Memo Item # 1 Meeting Date:5/5/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Public Works Week Proclamation SUMMARY: Review Approval: Cover Memo Item # 2 5/5/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Relay for Life Proclamation SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date:5/5/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Restaurant Week Proclamation SUMMARY: Review Approval: Cover Memo Item # 4 5/5/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the April 20, 2011 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Attachment number 1 Page 1 of 11 Item # 5 Attachment number 1 Page 2 of 11 Item # 5 Attachment number 1 Page 3 of 11 Item # 5 Attachment number 1 Page 4 of 11 Item # 5 Attachment number 1 Page 5 of 11 Item # 5 Attachment number 1 Page 6 of 11 Item # 5 Attachment number 1 Page 7 of 11 Item # 5 Attachment number 1 Page 8 of 11 Item # 5 Attachment number 1 Page 9 of 11 Item # 5 Attachment number 1 Page 10 of 11 Item # 5 Attachment number 1 Page 11 of 11 Item # 5 5/5/2011 Meeting Date: City Council Agenda 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: Owner shall obtain a Development Order issued pursuant to flexible development case FLD2011-02006), 1. 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, The Owner shall record the Parking Easement, and the Owner shall provide pedestrian access from the 2. 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 Owner shall obtain a building permit for the proposed improvements as provided for in approval of case 3. 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: Cover Memo Item # 6 Attachment number 1 Page 1 of 1 Location Map KENDALL BAYMONT PAPAYAST ^ BAYSIDE ² O.R. Book 6319, Page 802 Vac.# 2011-01 Clearwater Marine Aquarium, Inc. Prepared by: Engineering Department Geographic Technology Division Item # 6 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Reviewed By:267B S-T-R:1'=800' Map Gen By:CRMTM Date:03/30/2011 Grid #:8-29s-15e Scale: www.MyClearwater.com Map Document: (V:\GIS\Engineering\Location Maps\Clearwater Marine Aquarium Vacation.mxd) Attachment number 2 Page 1 of 3 Attachment number 2 Page 2 of 3 Attachment number 2 Page 3 of 3 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 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 feet to the POIN having a radius of 41.50 feet; thence Southwesterly, 65.19 feet along the arc of said curve, through a central angle beginning of a non-tangent curve concave Northeasterly, having a radius of 18.50 W.; thence Northwesterly, 27.77 feet along -exclusive Easement for the end of said curve; thence non-tangent, S Item # 6 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 ; thence 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 Record 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 said Easement, for 423.25 feet; feet to the POINT OF BEGINNING; thence along an Easterly boundary of said Easement the r 103.44 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 W., 58.69 feet) to the end of said curve; 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 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 Mo title, and claimin 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 No. 8259-Item # 6 11 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 _________________________ ______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk 3 Ordinance No. 8259-Item # 6 11 5/5/2011 Meeting Date: City Council Agenda 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 # 7 Attachment number 1 Page 1 of 22 Item # 7 Attachment number 1 Page 2 of 22 Item # 7 Attachment number 1 Page 3 of 22 Item # 7 Attachment number 1 Page 4 of 22 Item # 7 Attachment number 1 Page 5 of 22 Item # 7 Attachment number 1 Page 6 of 22 Item # 7 Attachment number 1 Page 7 of 22 Item # 7 Attachment number 1 Page 8 of 22 Item # 7 Attachment number 1 Page 9 of 22 Item # 7 Attachment number 1 Page 10 of 22 Item # 7 Attachment number 1 Page 11 of 22 Item # 7 Attachment number 1 Page 12 of 22 Item # 7 Attachment number 1 Page 13 of 22 Item # 7 Attachment number 1 Page 14 of 22 Item # 7 Attachment number 1 Page 15 of 22 Item # 7 Attachment number 1 Page 16 of 22 Item # 7 Attachment number 1 Page 17 of 22 Item # 7 Attachment number 1 Page 18 of 22 Item # 7 Attachment number 1 Page 19 of 22 Item # 7 Attachment number 1 Page 20 of 22 Item # 7 Attachment number 1 Page 21 of 22 Item # 7 Attachment number 1 Page 22 of 22 Item # 7 5/5/2011 Meeting Date: City Council Agenda 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 # 8 Attachment number 1 Page 1 of 13 Item # 8 Attachment number 1 Page 2 of 13 Item # 8 Attachment number 1 Page 3 of 13 Item # 8 Attachment number 1 Page 4 of 13 Item # 8 Attachment number 1 Page 5 of 13 Item # 8 Attachment number 1 Page 6 of 13 Item # 8 Attachment number 1 Page 7 of 13 Item # 8 Attachment number 1 Page 8 of 13 Item # 8 Attachment number 1 Page 9 of 13 Item # 8 Attachment number 1 Page 10 of 13 Item # 8 Attachment number 1 Page 11 of 13 Item # 8 Attachment number 1 Page 12 of 13 Item # 8 Attachment number 1 Page 13 of 13 Item # 8 5/5/2011 Meeting Date: City Council Agenda 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 # 9 Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 Attachment number 2 Page 1 of 2 Item # 9 Attachment number 2 Page 2 of 2 Item # 9 5/5/2011 Meeting Date: City Council Agenda 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. Cover Memo Item # 10 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 Florida, and manage the transfer of funds from the purchaser to the City. 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. Other Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Costs will be paid for out of the sale of the VCTC certificates. $25,847.21 Current Year Cost:Annual Operating Cost: $25,847.21$25,847.21 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Review Approval: Cover Memo Item # 10 Attachment number 1 Page 1 of 2 5251 DTC Parkway One DTC Suite 950 Greenwood Village, CO 80111 Tel. 720.524.0022 Fax 720.524.0651 www.ryanco.com February 28, 2011 Ms. Diane Hufford Economic Development Coordinator City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 Dear Ms. Hufford: 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 Cts 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: Purchase agreement between City of Clearwater and purchaser 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 ad Item # 10 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 exceling duties described by this Agreement or to comply with an official order We look forward to working with you. Please contact me at 720.524.0022 if you have questions. Regards, Lukas Krause Lukas Krause Director Item # 10 Attachment number 2 Page 1 of 5 Item # 10 Attachment number 2 Page 2 of 5 Item # 10 Attachment number 2 Page 3 of 5 Item # 10 Attachment number 2 Page 4 of 5 Item # 10 Attachment number 2 Page 5 of 5 Item # 10 5/5/2011 Meeting Date: City Council Agenda 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. Operating Expenditure Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $158,798.67$158,798.67 Current Year Cost:Annual Operating Cost: $158,798.67 Not to Exceed:Total Cost: Cover Memo 10/1/2010 to 9/30/2011 For Fiscal Year: Item # 11 Appropriation CodeAmountAppropriation Comment 590-07000-545900-519-000 $158,798.67 Review Approval: Cover Memo Item # 11 5/5/2011 Meeting Date: City Council Agenda 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. Other Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: to For Fiscal Year: Review Approval: Cover Memo Item # 12 Attachment number 1 Page 1 of 6 Item # 12 Attachment number 1 Page 2 of 6 Item # 12 Attachment number 1 Page 3 of 6 Item # 12 Attachment number 1 Page 4 of 6 Item # 12 Attachment number 1 Page 5 of 6 Item # 12 Attachment number 1 Page 6 of 6 Item # 12 5/5/2011 Meeting Date: City Council Agenda 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. Other Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: to For Fiscal Year: Review Approval: Cover Memo Item # 13 Attachment number 1 Page 1 of 21 _________________________________________ (Name of Employer) DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES 457 GOVERNMENTAL PLAN AND TRUST Document provided as a courtesy of: Item # 13 Attachment number 1 Page 2 of 21 457 Governmental Plan and Trust 457 GOVERNMENTAL PLAN AND TRUST 1.06 means the Internal Revenue Code The Employer adopts this 457 “Code” of 1986, as amended. Governmental Plan and Trust. The Plan is intended to be an “eligible deferred compensation plan” as 1.07 for purposes of “Compensation” defined in Code §457(b) of the Internal Revenue allocating Deferral Contributions means the Code of 1986 (“Eligible 457 Plan”). The Plan employee’s wages, salaries, fees for professional consists of the provisions set forth in this plan services, and other amounts received without regard document and is applicable to the Employer and each to whether or not an amount is paid in cash for Employee who elects to participate in the Plan. If the personal services actually rendered in the course of Employer adopts this Plan as a restated Plan in employment with the Employer, to the extent that the substitution for, and in amendment of, an existing amounts are includible in gross income (or to the plan, the provisions of this Plan, as a restated Plan, extent amount would have been received and apply solely to an Employee on or after the execution includible in gross income but for an election under of this Plan. The Plan is effective as to each §§ Code 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), and 457(b), including an election to defer Employee upon the date he/she becomes a Participant Compensation under Article III. See Section 1.16 as by entering into and filing with the Employer or the to Compensation for an Independent Contractor. Administrative Services Provider a Participation Compensation also includes any amount that the Agreement or an Acknowledgement Form/Card. Internal Revenue Service in published guidance declares to constitute compensation for purposes of ARTICLE I an Eligible 457 Plan. DEFINITIONS . Compensation under (A) Elective Contributions 1.01 means the separate Account(s) “Account” Section 1.07 includes Elective Contributions. which the Administrative Services Provider or the “Elective Contributions” are amounts excludible Trustee maintains under the Plan for a Participant’s from the Employee’s gross income under Code Deferred Compensation. The Administrative Services §§125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), Provider or Trustee may establish separate Accounts 408(p) or 457, and contributed by the Employer, at for multiple Beneficiaries of a Participant to facilitate the Employee’s election, to a cafeteria plan, a required minimum distributions under Section 4.03 qualified transportation fringe benefit plan, a 401(k) based on each Beneficiary’s life expectancy. arrangement, a SARSEP, a tax-sheltered annuity, a SIMPLE plan or a Code § 457 plan. 1.02 means the last day of “Accounting Date” the Plan Year. For years (B) Differential wage payments. beginning after December 31, 2008, (i) an individual 1.03 means “Acknowledgement Form/Card” receiving a differential wage payment, as defined by the application to the Administrative Services Code § 3401(h)(2), shall be treated as an employee of Provider to participate in the Plan when the Plan is a the employer making the payment; (ii) the differential Social Security replacement plan. wage payment shall be treated as compensation; and (iii) the plan will not be treated as failing to meet the 1.04 “Administrative Services Provider” requirements of any provision described in Code means Nationwide Retirement Solutions, Inc. which §414(u)(1)(C) by reason of any contribution or acts as the third party administrative services benefit which is based on the differential wage provider appointed by the Employer to carry out payment. nondiscretionary administrative functions for the Plan. 1.08 means Salary “Deferral Contributions” Reduction Contributions, Nonelective Contributions 1.05 means a person who the “Beneficiary” and Matching Contributions. The Employer or the Plan or a Participant designates and who is or may Administrative Services Provider (if applicable) in become entitled to a Participant’s Account upon the applying the Code § 457(b) limit will take into Participant’s death. A Beneficiary who becomes account Deferral Contributions in the Taxable Year entitled to a benefit under the Plan remains a in which deferred. The Employer or Administrative Beneficiary under the Plan until the Beneficiary has Services Provider (if applicable) in determining the received full distribution of his/her Plan benefit. A amount of a Participant’s Deferral Contributions Beneficiary’s right to (and the Administrative disregards the net income, gain and loss attributable Services Provider’s or a Trustee’s duty to provide to to Deferral Contributions. the Beneficiary) information or data concerning the Plan does not arise until the Beneficiary first 1.09 means as to a “Deferred Compensation” becomes entitled to receive a benefit under the Plan. Participant the amount of Deferral Contributions, Item # 13 © 1 Copyright 2010 SunGard 1/10 Attachment number 1 Page 3 of 21 457 Governmental Plan and Trust Rollover Contributions and Transfers adjusted for 1.19 “ means an Nonelective Contribution” allocable net income, gain or loss, in the Participant’s Employer fixed or discretionary contribution not Account. made as a result of a Participation Agreement and which is not a Matching Contribution. The Employer 1.10 of this Plan is the date may provide for nonelective contributions. “Effective Date” indicated on the execution line unless the Code, Treasury regulations, or other applicable guidance 1.20 means the “Normal Retirement Age” provides otherwise. age designated by the Participant unless the Employer designates in writing a Normal Retirement 1.11 means an individual who Age. The Normal Retirement Age designated by the “Employee” provides services for the Employer, as a common law Participant or Employer shall be no earlier than age employee of the Employer. See Section 1.16 65 or the age at which Participants have the right to regarding potential treatment of an Independent retire and receive, under the basic defined benefit Contractor as an Employee. pension plan of the Employer (or a money purchase plan in which the Participant also participates if the 1.12 means an employer who Participant is not eligible to participate in a defined “Employer” adopts this Plan by executing the Plan. benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement 1.13 means before some later specified age. The Normal “Employer Contribution” Nonelective Contributions or Matching Retirement Age also shall not exceed age 70½. Contributions. Special Rule for Eligible Plans of Qualified 1.14 means Deferral A Participant who is a Police or Firefighters. “Excess Deferrals” Contributions to an Eligible 457 Plan for a qualified police officer or firefighter as defined under Participant that exceed the Taxable Year maximum Code §415(b)(2)(H)(ii)(I) may designate a Normal limitation of Code §§457(b) and (e)(18). Retirement Age between age 40 and age 70 ½. 1.15 means, for 1.21 is an Employee who elects “Includible Compensation”“Participant” the Employee’s Taxable Year, the Employee’s total to participate in the Plan in accordance with the Compensation within the meaning of Code § provisions of Section 2.01 or an individual who has 415(c)(3) paid to an Employee for services rendered previously deferred Compensation under the Plan by to the Employer. Includible Compensation includes a Participation Agreement and has not received a Deferral Contributions under the Plan, compensation complete distribution of his/her Account . deferred under any other plan described in Code §457, and any amount excludible from the 1.22 means the “Participation Agreement” Employee’s gross income under Code §§401(k), agreement to enroll and participate in the Plan that is 403(b), 125 or 132(f)(4) or any other amount completed by the Participant and provided to the excludible from the Employee’s gross income for Administrative Services Provider. The Participation Federal income tax purposes. The Employer will Agreement is the agreement, by which the Employer determine Includible Compensation without regard to reduces the Participant’s Compensation for community property laws. contribution to the Participant’s Account. 1.16 means any 1.23 means the 457 plan established or “Independent Contractor” “Plan” individual who performs service for the Employer continued by the Employer in the form of this Plan and who the Employer does not treat as an Employee and (if applicable) Trust Agreement. All section or a Leased Employee. The Employer may permit references within the Plan are Plan section references Independent Contractors to participate in the Plan. To unless the context clearly indicates otherwise. the extent that the Employer permits Independent Contractor participation, references to Employee in 1.24 means the date on “Plan Entry Date” the Plan include Independent Contractors and which an Employee completes and files a Compensation means the amounts the Employer pays Participation Agreement with the Administrative to the Independent Contractor for services. Services Provider. means the calendar year. 1.17 means an Employee 1.25 “Leased Employee”“Plan Year” within the meaning of Code § 414(n). 1.26 means the “Rollover Contribution” 1.18 “means an amount of cash or property which an eligible Matching Contribution” retirement plan described in Code §402(c)(8)(B) Employer fixed or discretionary contribution made or forfeiture allocated on account of Salary Reduction distributes to an eligible Employee or to a Participant in an eligible rollover distribution under Code Contributions. The Employer may provide for matching contributions. §402(c)(4) and which the eligible Employee or Participant transfers directly or indirectly to an Item # 13 2 1/10 Attachment number 1 Page 4 of 21 457 Governmental Plan and Trust Eligible 457 Plan. A Rollover Contribution includes (2) An Independent Independent Contractor. net income, gain or loss attributable to the Rollover Contractor has a Severance from Employment when Contribution. A Rollover Contribution excludes the contract(s) under which the Independent after-tax Employee contributions, as adjusted for net Contractor performs services for the Employer income, gain or loss. expires (or otherwise terminates), unless the Employer anticipates a renewal of the contractual 1.27 “means relationship or the Independent Contractor becoming Salary Reduction Contribution” a contribution the Employer makes to the Plan an Employee. The Employer anticipates renewal if it pursuant to a Participation Agreement. intends to contract for the services provided under the expired contract and neither the Employer nor the 1.28 “ means any period of time the Independent Contractor has eliminated the Service” Employee is in the employ of the Employer. In the Independent Contractor as a potential provider of case of an Independent Contractor, Service means such services under the new contract. Further, the any period of time the Independent Contractor Employer intends to contract for services conditioned performs services for the Employer on an only upon the Employer’s need for the services independent contractor basis. An Employee or provided under the expired contract or the Independent Contractor terminates Service upon Employer’s availability of funds. Notwithstanding incurring a Severance from Employment. the preceding provisions of this Section 1.28, the Administrative Services Provider will consider an Service includes Independent Contractor to have incurred a Severance (A) Qualified Military Service. any qualified military service the Plan must credit for from Employment: (a) if the Administrative Services contributions and benefits in order to satisfy the Provider or Trustee will not pay any Deferred crediting of Service requirements of Code §414(u). A Compensation to an Independent Contractor who is a Participant whose employment is interrupted by Participant before a date which is at least twelve qualified military service under Code §414(u) or who months after the expiration of the Independent is on a leave of absence for qualified military service Contractor’s contract (or the last to expire of such under Code §414(u) may elect to make additional contracts) to render Services to the Employer; and (b) Salary Reduction Contributions upon resumption of if before the applicable twelve-month payment date, employment with the Employer equal to the the Independent Contractor performs Service as an maximum Deferral Contributions that the Participant Independent Contractor or as an Employee, the could have elected during that period if the Administrative Services Provider or Trustee will not Participant’s employment with the Employer had pay to the Independent Contractor his/her Deferred continued (at the same level of Compensation) Compensation on the applicable date. without the interruption of leave, reduced by the Deferral Contributions, if any, actually made for the (3) for purposes of Uniformed Services. Participant during the period of the interruption or distributions to an individual in the uniformed leave. This right applies for five years following the services, such individual will be treated as incurring a resumption of employment (or, if sooner, for a period Severance from Employment during any period the equal to three times the period of the interruption or individual is performing service in the uniformed leave). The Employer shall make appropriate make-services described in Code § 3401(h)(2)(A). up Nonelective Contributions and Matching However, the plan will not distribute the benefit to Contributions for such a Participant as required under such an individual without that individual’s consent, Code §414(u). The Plan shall apply limitations of so long as the individual is receiving differential Article III to all Deferral Contributions under this wage payments. paragraph with respect to the year to which the Deferral Contribution relates. If an individual elects to receive a distribution under this provision, the individual may not make an means Service with the (B) “Continuous Service” elective deferral or employee contribution during the Employer during which the Employee does not incur 6-month period beginning on the date of the a Severance from Employment. distribution. (C) “Severance from Employment.” 1.29 means (a) one of the 50 states of “State” the United States or the District of Columbia, or (b) a (1) AnEmployee has a Severance Employee. political subdivision of a State, or any agency or from Employment when the Employee ceases to be instrumentality of a State or its political subdivision. an Employee of the Employer. A Participant does A State does not include the federal government or not incur a Severance from Employment if, in any agency or instrumentality thereof. connection with a change in employment, the Participant’s new employer continues or assumes 1.30 means the calendar year “Taxable Year” sponsorship of the Plan or accepts a Transfer of Plan or other taxable year of a Participant. assets as to the Participant. Item # 13 © 3 Copyright 2010 SunGard 1/10 Attachment number 1 Page 5 of 21 457 Governmental Plan and Trust 1.31 means a transfer of Eligible the Administrative Services Provider an “Transfer” 457 Plan assets to another Eligible 457 Plan which is Acknowledgement Form/Card and thereby consent to not a Rollover Contribution and which is made in a reduction of salary by the amount of the Deferral accordance with Section 9.03. Contribution specified in the Acknowledgement Form/Card. Allocations to the Participant’s Account 1.32 means the Trust created under must equal at least 7.5% of the Participant’s “Trust” the adopting Employer’s Plan. The Trust created and Compensation or such other minimum amount as established under the adopting Employer’s Plan is a shall be required for the Plan to be considered a separate Trust, independent of the trust of any other retirement system under Code §3121(b)(7)(F) and Employer adopting this Eligible 457 Plan and is Treas. Reg. §31.3121(b)(7)-2, and the reduction in subject to Article VIII. the Participant’s salary shall begin no earlier than the first pay period commencing during the first month 1.33 means the person or persons after the date on which the Acknowledgement “Trustee” designated by the Employer to serve in the position Form/Card is filed with the Administrative Services of Trustee. Provider. ARTICLE II If the Plan is a restated Plan, an (C)Takeover Plans. PARTICIPATION IN PLAN Employee who participated in the predecessor plan shall become a Participant in the Plan upon the 2.01 ELIGIBILITY. Each Employee becomes Employer’s execution of the enabling documents for a Participant in the Plan as soon as he/she completes this Plan. Allocations to each such Participant’s and files a Participation Agreement. If this Plan is a Account must equal at least 7.5% of the Participant’s restated Plan, each Employee who was a Participant Compensation, or such other minimum amount as in the Plan on the day before the Effective Date shall be required for the Plan to be considered a continues as a Participant in the Plan. retirement system under Code §3121(b)(7)(F) and Treas. Reg. §31.3121(b)(7)-2, and the reduction in 2.02 PARTICIPATION UPON RE- the Participant’s salary shall begin immediately EMPLOYMENT. A Participant who incurs a thereafter. Severance from Employment will re-enter the Plan as a Participant on the date of his/her re-employment. ARTICLE III DEFERRAL CONTRIBUTIONS/LIMITATIONS 2.03 SPECIAL ELIGIBILITY PROVISIONS FOR PARTICIPANTS IN A PLAN USED AS A 3.01 AMOUNT. SOCIAL SECURITY REPLACEMENT PLAN. Notwithstanding any provision to the contrary, the For each Plan Year, the (A) Contribution Formula. provisions of this Section 2.03 will apply if the Employer will contribute to the Plan the amount of Employer elects in a written agreement with the Deferral Contributions the Employee elects to defer Administrative Services Provider to use the Plan as a under the Plan. Social Security replacement plan. If the Plan is used as a Social Security replacement plan, the provisions The Employer (B) Return of Contributions. of Sections 4.05(a) and 5.03 will not apply. 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 (A)Eligibility to participate for new Employees. A new Employee shall, as a condition of employment mistake of fact, the Employer or the Trustee upon participate in the Plan sign and file with the written request from the Employer will return the Administrative Services Provider an Participant’s contribution (adjusted for net income, Acknowledgement Form/Card and thereby gain or loss), within one year after payment of the consenting to a reduction of salary by the amount of contribution. the Deferral Contribution specified in the Acknowledgement Form/Card. Contributions to the The Trustee may require the Employer to furnish it Participant’s Account must equal at least 7.5% of the whatever evidence the Trustee deems necessary to Participant’s Compensation, or such other minimum enable the Trustee to confirm the amount the amount as shall be required for the Plan to be Employer has requested be returned is properly considered a retirement system under Code returnable. §3121(b)(7)(F) and Treas. Reg. 31.3121(b)(7)-2, and the reduction in the Participant’s salary shall begin An (C) Time of Payment of Contribution. immediately thereafter. Employer will deposit Salary Reduction Contributions to the Trust within a period that is not longer than is reasonable for the administration of (B)Eligibility to participate for current Participant Accounts. Neither the Administrative An Employee who is newly eligible to Employees. Services Provider nor the Trustee is responsible for participate in the Plan shall, prior to becoming eligible to participate in the Plan, sign and file with Item # 13 4 1/10 Attachment number 1 Page 6 of 21 457 Governmental Plan and Trust the delay of deposits of Salary Reduction includes payments to an individual who does not Contributions caused by the Employer. currently perform services for the Employer by reason of Qualified Military Service (as described in 3.02 SALARY REDUCTION CONTRIBU- Code §414(u)(1)) to the extent those payments do not TIONS. The Plan does not apply any limitations on exceed the amounts the individual would have Salary Reduction Contributions other than the received if the individual had continued to perform limitations applicable under the Code. services for the Employer rather than entering Qualified Military Service. (A) Deferral from Sick, Vacation and Back Pay. Participants may make Salary Reduction Any Limitation on Post-Severance Compensation. Contributions from accumulated sick pay, from payment of Compensation paid after Severance of accumulated vacation pay or from back pay. Employment that is not described in Section 3.02(C)(1) or 3.02(C)(2) is not Post-Severance (B) Application to Leave of Absence and Compensation, even if payment is made by the later The Participation Agreement will Disability. of 2½ months after Severance from Employment or continue to apply during the Participant’s leave of by the end of the calendar year that includes the date absence or the Participant’s disability (as the of such Severance of Employment. Employer shall establish), if the Participant has Compensation other than imputed compensation or 3.03 NORMAL LIMITATION. Except as disability benefits. provided in Sections 3.04 and 3.05, a Participant’s maximum Deferral Contributions (excluding (C) Post-severance deferrals limited to Post- Rollover Contributions and Transfers) under this Plan Deferral Contributions Severance Compensation. for a Taxable Year may not exceed the lesser of: are permitted from an amount received following Severance from Employment only if the amount is (a) The applicable dollar amount as Post-Severance Compensation. specified under Code §457(e)(15) (or, beginning January 1, 2006) such larger amount as the Post- Post-Severance Compensation defined. Commissioner of the Internal Revenue may Severance Compensation includes the amounts prescribe), or described in (1) and (2) below, paid after a Participant’s Severance from Employment with the (b) 100% of the Participant’s Includible Employer, but only to the extent such amounts are Compensation for the Taxable Year. paid by the later of 2½ months after Severance from Employment or the end of the calendar year that 3.04 NORMAL RETIREMENT AGE includes the date of such Severance from CATCH-UP CONTRIBUTION.For one or more of Employment. the Participant’s last three Taxable Years ending before the Taxable Year in which the Participant Post-Severance Compensation (1) Regular pay. attains Normal Retirement Age, the Participant’s regular pay after Severance of Employment includes maximum Deferral Contributions may not exceed the if: (i) the payment is regular compensation for lesser of: services during the Participant's regular working hours, or compensation for services outside the (a) Twice the dollar amount under Section 3.03 Participant's regular working hours (such as overtime normal limitation, or (b) the underutilized limitation. or shift differential), commissions, bonuses, or other similar payments; and (ii) the payment would have A Participant’s (A) Underutilized Limitation. underutilized limitation is equal to the sum of: (i) the been paid to the Participant prior to a Severance from normal limitation for the Taxable Year, and (ii) the Employment if the Participant had continued in normal limitation for each of the prior Taxable Years employment with the Employer. of the Participant commencing after 1978 during which the Participant was eligible to participate in the Post-Severance (2) Leave cashouts. Plan and the Participant’s Deferral Contributions Compensation leave cashouts if those includes were subject to the normal limitation or any other amounts would have been included in the definition Code § 457(b) limit, the amount of Deferral less of Compensation if they were paid prior to the Contributions for each such prior Taxable Year, Participant's Severance from Employment, and the excluding age 50 catch-up contributions. amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the If the Employer maintains (B)Multiple 457 Plans. Participant would have been able to use the leave if more than one Eligible 457 Plan, the Plans may not employment had continued. permit any Participant to have more than one Normal Retirement Age under the Plans. (3) Salary continuation payments for military Post-Severance Compensation service Participants. Item # 13 © 5 Copyright 2010 SunGard 1/10 Attachment number 1 Page 7 of 21 457 Governmental Plan and Trust In determining a If an eligible (C) Pre-2002 Coordination. (B) Pre-Participation Rollover. Participant’s underutilized limitation, the Employee makes a Rollover Contribution to the Trust coordination rule in effect under now repealed Code prior to satisfying the Plan’s eligibility conditions, §457(c)(2) applies. Additionally, the normal the Administrative Services Provider and Trustee limitation for pre-2002 Taxable Years is applied in must treat the Employee as a limited Participant (as accordance with Code § 457(b)(2) as then in effect. described in Rev. Rul. 96-48 or in any successor ruling). If a limited Participant has a Severance from 3.05 AGE 50 CATCH-UP Employment prior to becoming a Participant in the CONTRIBUTION. All Employees who are eligible Plan, the Trustee will distribute his/her Rollover to make Salary Reduction Contributions under this Contributions Account to the limited Participant in Plan and who have attained age 50 before the close of accordance with Article IV. the Taxable Year are eligible to make age 50 catch- up contributions for that Taxable Year in accordance If an Employer permits (C) Separate Accounting. with, and subject to the limitations of, Code § 414(v). Rollover Contributions, the Administrative Services Such catch-up contributions are not taken into Provider must account separately for: (1) amounts account for purposes of the provisions of the plan rolled into this Plan from an eligible retirement plan implementing the required limitations of Code § 457. (other than from another Eligible 457 plan); and (2) If, for a Taxable Year, an Employee makes a catch-amounts rolled into this Plan from another Eligible up contribution under Section 3.04, the Employee is 457 Plan. The Administrative Services Provider for not eligible to make age 50 catch-up contributions purposes of ordering any subsequent distribution under this Section 3.05. A catch-up eligible from this Plan may designate a distribution from a Participant in each Taxable Year is entitled to the Participant’s Rollover Contributions as coming first greater of the amount determined under Section 3.04 from either of (1) or (2) above if the Participant has or Section 3.05 catch-up amount plus the Section both types of Rollover Contribution Accounts. 3.03 normal limitation. 3.09 DISTRIBUTION OF EXCESS 3.06 CONTRIBUTION ALLOCATION. The DEFERRALS. In the event that a Participant has Administrative Services Provider will allocate to Excess Deferrals, the Plan will distribute to the each Participant’s Account his/her Deferral Participant the Excess Deferrals and allocable net Contributions. income, gain or loss, in accordance with this Section 3.09. 3.07 ALLOCATION CONDITIONS. The Plan does not impose any allocation conditions. The Administrative Services Provider will distribute Excess Deferrals from an Eligible 457 Plan as soon . The 3.08 ROLLOVER CONTRIBUTIONSas is reasonably practicable following the Plan permits Rollover Contributions. Administrative Services Provider’s or Employer’s determination of the amount of the Excess Deferral. The Employer, (A) Operational Administration. operationally and on a nondiscriminatory basis, may If the Employer maintains (A) Plan Aggregation. elect to permit or not to permit Rollover more than one Eligible 457 Plan, the Employer must Contributions to this Plan or may elect to limit an aggregate all such Plans in determining whether any eligible Employee’s right or a Participant’s right to Participant has Excess Deferrals. make a Rollover Contribution. If the Employer permits Rollover Contributions, any Participant (or as If a Participant (B) Individual Limitation. applicable, any eligible Employee), with the participates in another Eligible 457 Plan maintained Employer’s written consent and after filing with the by a different employer, and the Participant has Trustee the form prescribed by the Administrative Excess Deferrals, the Administrative Services Services Provider, may make a Rollover Contribution Provider may, but is not required, to correct the to the Trust. Before accepting a Rollover Excess Deferrals by making a corrective distribution Contribution, the Trustee may require a Participant from this Plan. (or eligible Employee) to furnish satisfactory evidence the proposed transfer is in fact a “Rollover 3.10 DOLLAR LIMITS. The table below Contribution” which the Code permits an employee shows the applicable dollar amounts described in to make to an eligible retirement plan. The Trustee, in paragraph 3.03(a) and limitations on age 50 catch-up its sole discretion, may decline to accept a Rollover contributions described in Section 3.05. These Contribution of property which could: (1) generate amounts are adjusted after 2006 for changes in the unrelated business taxable income; (2) create cost-of-living to the extent permitted in Code § difficulty or undue expense in storage, safekeeping or 415(d). valuation; or (3) create other practical problems for the Trust. Item # 13 6 1/10 Attachment number 1 Page 8 of 21 457 Governmental Plan and Trust eligible to commence payment of the Participant’s Account. The Administrative Services Provider must Applicable Age 50+ Catch-up furnish to the Participant a form for the Participant to Year Dollar Contribution elect the time and a method of payment. Amount Limitation 2002 $11,000 $1,000 4.03 REQUIRED MINIMUM DISTRIBU- 2003 $12,000 $2,000 TIONS. The Administrative Services Provider may 2004 $13,000 $3,000 not distribute nor direct the Trustee to distribute the 2005 $14,000 $4,000 Participant’s Account, nor may the Participant elect 2006 $15,000 $5,000 any distribution his/her Account, under a method of payment which, as of the required beginning date, does not satisfy the minimum distribution ARTICLE IV requirements of Code § 401(a)(9) or which is not TIME AND METHOD OF consistent with applicable Treasury regulations. PAYMENT OF BENEFITS (A)General Rules. 4.01 DISTRIBUTION RESTRICTIONS.Except as the Plan provides (1) . The requirements of this Precedence otherwise, the Administrative Services Provider or Section 4.03 will take precedence over any Trustee may not distribute to a Participant his/her inconsistent provisions of the Plan. Account prior to the Participant’s Severance from Employment, or such other event for which federal (2) Requirements of Treasury Regulations legislation is enacted or regulatory relief granted . All distributions required under this Incorporated permitting the Plan to make distributions to Section 4.03 will be determined and made in qualifying Participants. accordance with the Treasury regulations under Code § 401(a)(9). To the (A) Distribution of Rollover Contributions. extent the Employer permits Rollover Contributions (B) Time and Manner of Distribution (but not Transfers) to this Plan, a Participant may (1) The receive a distribution of such Rollover Contributions Required Beginning Date. without regard to the restrictions found in this Participant’s entire interest will be distributed, or begin to be distributed, to the Participant no later than Section 4.01. the Participant’s required beginning date. 4.02 TIME AND METHOD OF PAYMENT OF ACCOUNT. The Administrative Services (2) Death of Participant Before Distribution If the Participant dies before distributions Provider, or Trustee at the direction of the Begins. Administrative Services Provider, will distribute to a begin, the Participant’s entire interest will be distributed, or begin to be distributed, no later than as Participant who has incurred a Severance from Employment the Participant’s Account under one or follows: any combination of payment methods elected by the Participant. The Participant may elect one of the (a) Spouse Designated Beneficiary. If the Participant’s surviving spouse is the Participant’s following methods of payment: (1) lump sum payment, (2) partial lump sum payment, (3) sole designated Beneficiary, distributions to the surviving spouse will begin by December 31 of the installment, or (4) an annuity. In no event will the Administrative Services Provider direct (or direct the calendar year immediately following the calendar year in which the Participant dies, or by December 31 Trustee to commence) distribution, nor will the Participant elect to have distribution commence, later of the calendar year in which the Participant would have attained age 70½, if later. than the Participant’s required beginning date, or under a method that does not satisfy Section 4.03. (b) Non-Spouse Designated Beneficiary. If the Participant’s surviving spouse is not the Subject to any restrictions imposed by the Participant’s sole designated Beneficiary, then, Participant’s investment providers and the distributions to the designated Beneficiary will begin Administrative Services Provider, the Participant: (1) may elect to commence distribution no earlier than is by December 31 of the calendar year immediately following the calendar year in which the Participant administratively practical following Severance from Employment; (2) may elect to postpone distribution died. (c) No Designated Beneficiary. If there is of his/her Account to any fixed or determinable date no designated Beneficiary as of September 30 of the including, but not beyond, the Participant’s required year following the year of the Participant’s death, the beginning date; and (3) may elect the method of payment. A Participant may elect the timing and Participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth method of payment of his/her Account no later than 30 days before the date the Participant first would be anniversary of the Participant’s death. Item # 13 © 7 Copyright 2010 SunGard 1/10 Attachment number 1 Page 9 of 21 457 Governmental Plan and Trust (d) Death of Spouse. If the Participant’s (2) Lifetime Required Minimum surviving spouse is the Participant’s sole designated Distributions Continue Through Year of Beneficiary and the surviving spouse dies after the Required minimum Participant’s Death. Participant but before distributions to the surviving distributions will be determined under this Section spouse begin, this Section 4.03(B)(2) other than 4.03(C) beginning with the first distribution calendar Section 4.03(B)(2)(a), will apply as if the surviving year and up to and including the distribution calendar spouse were the Participant. year that includes the Participant’s date of death. For purposes of this Section 4.03(B) and Section (D) Required Minimum Distributions after 4.03(D), unless Section 4.03(B)(2)(d) applies, Participant’s Death. distributions are considered to begin on the Participant’s required beginning date. If Section (1) Death On or After Distributions Begin. 4.03(B)(2)(d) applies, distributions are considered to begin on the date distributions are required to begin (a) Participant Survived by Designated to the surviving spouse under Section 4.03(B)(2)(a). Beneficiary. If the Participant dies on or after the date If distributions under an annuity purchased from an distributions begin and there is a designated insurance company irrevocably commence to the Beneficiary, the minimum amount that will be Participant before the Participant’s required distributed for the distribution calendar year of the beginning date (or to the Participant’s surviving Participant’s death is obtained by dividing the spouse before the date distributions are required to Participant’s account balance by the remaining life begin to the surviving spouse under Section expectancy of the Participant. The Participant’s 4.03(B)(2)(a), the date distributions are considered to remaining life expectancy is calculated using the begin is the date distributions actually commence. attained age of the Participant as of the Participant’s birthday in the calendar year of death. For each (3) Unless the distribution calendar year after the year of the Forms of Distribution. Participant’s interest is distributed in the form of an Participant’s death, the minimum amount that will be annuity purchased from an insurance company or in a distributed is the quotient obtained by dividing the single sum on or before the required beginning date, Participant’s account balance by the remaining life as of the first distribution calendar year distributions expectancy of the Participant’s designated will be made in accordance with Sections 4.03(C) Beneficiary. and 4.03(D). If the Participant’s interest is distributed in the form of an annuity purchased from an (b) No Designated Beneficiary. If the Participant dies on or after the date distributions insurance company, distributions thereunder will be made in accordance with the requirements of Section begin and there is no designated Beneficiary as of 4.01(a)(9) of the Code and the Treasury regulations. 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 (C) Required Minimum Distributions during year after the calendar year of the Participant’s death Participant’s Lifetime. is the quotient obtained by dividing the Participant’s (1) account balance by the Participant’s remaining life Amount of Required Minimum expectancy calculated using the attained age of the Distribution for Each Distribution Calendar Year. During the Participant’s lifetime, the minimum Participant as of the Participant’s birthday in the amount that will be distributed for each distribution calendar year of death, reduced by one for each calendar year is the lesser of: subsequent calendar year. (a) ULT. The quotient obtained by (2) Death before Date Distributions Begin. dividing the Participant’s account balance by the number in the Uniform Life Table set forth in Treas. (a) Participant Survived by Designated Reg. §1.401(a)(9)-9, using the Participant’s attained Beneficiary. If the Participant dies before the date age as of the Participant’s birthday in the distribution distributions begin and there is a designated calendar year; or Beneficiary, the minimum amount that will be distributed for each distribution calendar year after (b) Younger Spouse. If the Participant’s the year of the Participant’s death is the quotient sole designated Beneficiary for the distribution obtained by dividing the Participant’s account calendar year is the Participant’s spouse, the quotient balance by the remaining life expectancy of the obtained by dividing the Participant’s account Participant’s designated Beneficiary, determined as balance by the number in the Joint and Last Survivor provided in Section 4.03(D)(1). Table set forth in Treas. Reg. §1.401(a)(9)-9, using the Participant’s and spouse’s attained ages as of the (b) No Designated Beneficiary. If the Participant dies before the date distributions begin Participant’s and spouse’s birthdays in the distribution calendar year. and there is no designated Beneficiary as of September 30 of the year following the year of the Item # 13 8 1/10 Attachment number 1 Page 10 of 21 457 Governmental Plan and Trust Participant’s death, distribution of the Participant’s (5) A Participant’s Required beginning date. entire interest will be completed by December 31 of required beginning date is the April 1 of the calendar the calendar year containing the fifth anniversary of year following the later of: (1) the calendar year in the Participant’s death. which the Participant attains age 70½, or (2) the calendar year in which the Participant retires or such (c) Death of Surviving Spouse Before other date under Code § 401(a)(9) by which required Distributions to Surviving Spouse Are Required to minimum distributions must commence. Begin. If the Participant dies before the date distributions begin, the Participant’s surviving spouse The requirements of Code (F)General 2009 waiver. is the Participant’s sole designated Beneficiary, and § 401(a)(9) and the provisions of the Plan relating the surviving spouse dies before distributions are thereto, will not apply for the distribution calendar required to begin to the surviving spouse under year 2009. Section 4.03(B)(2)(a), this Section 4.03(D)(2) will apply as if the surviving spouse were the Participant. (1) . For Special rule regarding waiver period purposes of Code § 401(a)(9) and the provisions of the Plan relating thereto: (a) the required beginning (E)Definitions date with respect to any individual will be determined (1) The individual without regard to this Article IV for purposes of Designated Beneficiary. who is designated as the Beneficiary under the Plan applying Code § 401(a)(9) for distribution calendar and is the designated beneficiary under Code years other than 2009; and (b) if the 5-year rule of §401(a)(9) and Treas. Reg. §1.401(a)(9)-1, Q&A-4. Code § 401(a)(9)(B)(ii) applies, the 5-year period described therein shall be determined without regard (2) A distribution to calendar year 2009. Distribution calendar year. calendar year means a calendar year for which a minimum distribution is required. For distributions (2) . If all or any Eligible rollover distributions beginning before the Participant’s death, the first portion of a distribution during 2009 is treated as an distribution calendar year is the calendar year eligible rollover distribution but would not be so immediately preceding the calendar year which treated if the minimum distribution requirements contains the Participant’s required beginning date. under Code § 401(a)(9) had applied during 2009, For distributions beginning after the Participant’s then the Plan will not treat such distribution as an death, the first distribution calendar year is the eligible rollover distribution for purposes of the direct calendar year in which the distributions are required rollover rules of Code § 401(a)(31), the notice to begin under Section 4.03(B)(2). The required requirements of Code §402(f), or the 20% minimum distribution for the Participant’s first withholding requirement of Code §3405(c). distribution calendar year will be made on or before the Participant’s required beginning date. The (3) The Plan will permit Participant may elect. required minimum distribution for other distribution an affected Participant to elect whether to receive calendar years, including the required minimum his/her RMD distribution for 2009. If the Participant distribution for the distribution calendar year in fails to notify the Administrative Services Provider of which the Participant’s required beginning date his/her waiver, the Plan will distribute the 2009 RMD occurs, will be made on or before December 31 of to the Participant. that distribution calendar year. . Upon the death of 4.04 DEATH BENEFITS (3) Life expectancy as Life expectancy. the Participant, the Administrative Services Provider computed by use of the Single Life Table in Treas. must pay or direct the Trustee to pay the Participant’s Reg. §1.401(a)(9)-9. Account in accordance with Section 4.03. Subject to Section 4.03, a Beneficiary may elect the timing and (4) The Participant’s account balance. method of payment in the same manner as a account balance as of the last valuation date in the Participant may elect under Section 4.02, if such calendar year immediately preceding the distribution elections apply. calendar year (valuation calendar year) increased by the amount of any contributions made and allocated In the case of a death occurring on or after or forfeitures allocated to the account balance as of January 1, 2007, if a participant dies while dates in the valuation calendar year after the performing qualified military service (as defined in valuation date and decreased by distributions made in Code § 414(u)), the survivors of the Participant are the valuation calendar year after the valuation date. entitled to any additional benefits (other than benefit The account balance for the valuation calendar year accruals relating to the period of qualified military includes any Rollover Contributions or Transfers to service) provided under the Plan as if the participant the Plan either in the valuation calendar year or in the had resumed and then terminated employment on distribution calendar year if distributed or transferred account of death. in the valuation calendar year. Item # 13 © 9 Copyright 2010 SunGard 1/10 Attachment number 1 Page 11 of 21 457 Governmental Plan and Trust 4.05 DISTRIBUTIONS PRIOR TO SEVER-Participant has not received a prior distribution under ANCE FROM EMPLOYMENT. Notwithstanding this Section 4.05(B). the Section 4.01 distribution restrictions, the Plan permits the following in-service distributions in A (C) Distribution of Rollover Contributions. accordance with this Section. Participant may request and receive distribution of his/her Account attributable to Rollover In the event of a Contributions (but not to Transfers) before the (A) Unforeseeable Emergency. Participant’s unforeseeable emergency, the Participant has a distributable event under Section Administrative Services Provider may make a 4.01. distribution to a Participant who has not incurred a Severance from Employment. 4.06 DISTRIBUTIONS UNDER QUALIFIED DOMESTIC RELATIONS ORDERS (QDROs). Notwithstanding any other provision of this Plan, the An unforeseeable emergency is a severe QDRO provisions will apply. The Administrative financial hardship of a Participant or Beneficiary Services Provider (and any Trustee) must comply resulting from: (1) illness or accident of the with the terms of a QDRO, as defined in Code § Participant, the Participant’s Beneficiary, or the 414(p), which is issued with respect to the Plan. Participant’s spouse or dependent (as defined in Code § 152, and, for taxable years beginning on or after This Plan (A) Time and Method of Payment. January 1, 2005, without regard to Code § 152(b)(1), specifically permits distribution to an alternate payee (b)(2), and (d)(1)(B)); (2) loss of the Participant’s or under a QDRO at any time, notwithstanding any Beneficiary’s property due to casualty; (3) the need contrary Plan provision and irrespective of whether to pay for the funeral expenses of the Participant’s the Participant has attained his/her earliest retirement spouse or dependent (as defined in Code § 152, and, age (as defined under Code § 414(p)) under the Plan. for taxable years beginning on or after January 1, Nothing in this Section 4.06 gives a Participant a 2005, without regard to Code § 152(b)(1), (b)(2), and right to receive distribution at a time the Plan (d)(1)(B)); or (4) other similar extraordinary and otherwise does not permit nor authorizes the alternate unforeseeable circumstances arising from events payee to receive a form of payment the Plan does not beyond the Participant’s or Beneficiary’s control. The permit. Administrative Services Provider will not pay the Participant or the Beneficiary more than the amount Upon receiving a domestic (B) QDRO Procedures. reasonably necessary to satisfy the emergency need, relations order, the Administrative Services Provider which may include amounts necessary to pay taxes or promptly will notify the Participant and any alternate penalties on the distribution. The Administrative payee named in the order, in writing, of the receipt of Services Provider will not make payment to the the order and the Plan’s procedures for determining extent the Participant or Beneficiary may relieve the the qualified status of the order. Within a reasonable financial hardship by cessation of deferrals under the period of time after receiving the domestic relations Plan, through insurance or other reimbursement, or order, the Administrative Services Provider must by liquidation of the individual’s assets to the extent determine the qualified status of the order and must such liquidation would not cause severe financial notify the Participant and each alternate payee, in hardship. writing, of the Administrative Services Provider’s determination. The Administrative Services Provider The Participant’s Beneficiary is a person who a must provide notice under this paragraph by mailing Participant designates as a “primary beneficiary” and to the individual’s address specified in the domestic who is or may become entitled to a Participant’s Plan relations order. account upon the Participant’s death. If any portion of the Participant’s (C) Accounting. A Participant’s unforeseeable emergency event Account Balance is payable under the domestic includes a severe financial hardship of the relations order during the period the Administrative participant’s primary Beneficiary under the Plan, that Services Provider is making its determination of the would constitute an emergency event if it occurred qualified status of the domestic relations order, the with respect to the participant’s spouse or dependent Administrative Services Provider may maintain a as defined under Code § 152. separate accounting of the amounts payable. If the Administrative Services Provider determines the A Participant may (B) De minimis distribution. order is a QDRO within 18 months of the date elect to receive a distribution of his/her Account amounts first are payable following receipt of the where: (1) the Participant’s Account (disregarding domestic relations order, the Administrative Services Rollover Contributions) does not exceed $5,000 (or Provider will distribute or will direct the Trustee to such other amount as does not exceed the Code § distribute the payable amounts in accordance with the 411(a)(11)(A) dollar amount); (2) the Participant has QDRO. If the Administrative Services Provider does not made or received an allocation of any Deferral not make its determination of the qualified status of Contributions under the Plan during the two-year the order within the 18-month determination period, period ending on the date of distribution; and (3) the Item # 13 10 1/10 Attachment number 1 Page 12 of 21 457 Governmental Plan and Trust the Administrative Services Provider will distribute receiving the distribution. In order to be able to roll or will direct the Trustee to distribute the payable over the distribution, the distribution otherwise must amounts in the manner the Plan would distribute if satisfy the definition of an eligible rollover the order did not exist and will apply the order distribution. prospectively if the Administrative Services Provider later determines the order is a QDRO. (1) . Certain requirements not applicable Although a non-spouse Beneficiary may roll over To the extent it is not inconsistent with the directly a distribution, commencing with distributions provisions of the QDRO, the Administrative Services after December 31, 2009, the distribution will be Provider may segregate or may direct the Trustee to subject to the direct rollover requirements of Code § segregate the QDRO amount in a segregated 401(a)(31) (including the automatic rollover investment account. The Administrative Services provisions of Code § 401(a)(31)(B)), the notice Provider or Trustee will make any payments or requirements of Code § 402(f) and the mandatory distributions required under this Section 4.06 by withholding requirements of Code § 3405(c). If a separate benefit checks or other separate distribution non-spouse Beneficiary receives a distribution from to the alternate payee(s). the Plan, the distribution is not eligible for a “60-day” rollover. . A domestic relations order (D)Permissible QDROs that otherwise satisfies the requirements for a (2) . If the participant’s Trust Beneficiary qualified domestic relations order (“QDRO”) will not named Beneficiary is a trust, the Plan may make a fail to be a QDRO: (i) solely because the order is direct rollover to an individual retirement account on issued after, or revises, another domestic relations behalf of the trust, provided the trust satisfies the order or QDRO; or (ii) solely because of the time at requirements to be a designated beneficiary within which the order is issued, including issuance after the the meaning of Code § 401(a)(9)(E). annuity starting date or after the participant’s death. (3) Required minimum distributions not 4.07 DIRECT ROLLOVER OF ELIGIBLE A non-spouse Beneficiary may eligible for rollover. ROLLOVER DISTRIBUTIONS – GOVERN- not roll over an amount which is a required minimum MENTAL PLAN. distribution, as determined under applicable Treasury regulations and other Revenue Service guidance. If A Participant (including (A) Participant Election. the participant dies before his/her required beginning for this purpose, a former Employee) may elect, at date and the non-spouse Beneficiary rolls over to an the time and in the manner the Administrative IRA the maximum amount eligible for rollover, the Services Provider prescribes, to have any portion of Beneficiary may elect to use either the 5-year rule or his/her eligible rollover distribution from the Plan the life expectancy rule, pursuant to Treas. Reg. § paid directly to an eligible retirement plan specified 1.401(a)(9)-3, A-4(c), in determining the required by the Participant in a direct rollover election. For minimum distributions from the IRA that receives the purposes of this election, a “Participant” includes as non-spouse Beneficiary’s distribution. to their respective interests, a Participant’s surviving spouse and the Participant’s spouse or former spouse The following definitions apply to (D) Definitions. who is an alternate payee under a QDRO. this Section: At least 30 (B) Rollover and Withholding Notice. (1) An eligible Eligible rollover distribution. days and not more than 180 days prior to the rollover distribution is any distribution of all or any Trustee’s distribution of an eligible rollover portion of a Participant’s Account, except an eligible distribution, the Administrative Services Provider rollover distribution does not include: (a) any must provide a written notice (including a summary distribution which is one of a series of substantially notice as permitted under applicable Treasury equal periodic payments (not less frequently than regulations) explaining to the distributee the rollover annually) made for the life (or life expectancy) of the option, the applicability of mandatory 20% federal Participant or the joint lives (or joint life withholding to any amount not directly rolled over, expectancies) of the Participant and the Participant’s and the recipient’s right to roll over within 60 days designated Beneficiary, or for a specified period of after the date of receipt of the distribution (“rollover ten years or more; (b) any Code § 401(a)(9) required notice”). minimum distribution; (c) any unforeseeable emergency distribution; and (d) any distribution . A non- (C) Non-spouse Beneficiary rollover right which otherwise would be an eligible rollover spouse Beneficiary who is a “designated beneficiary” distribution, but where the total distributions to the under Code § 401(a)(9)(E) and the regulations Participant during that calendar year are reasonably thereunder, by a direct trustee-to-trustee transfer expected to be less than $200. (“direct rollover”), may roll over all or any portion of his/her distribution to an individual retirement (2) An eligible Eligible retirement plan. account the Beneficiary establishes for purposes of retirement plan is an individual retirement account Item # 13 © 11 Copyright 2010 SunGard 1/10 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 (2). A “Public Safety Public safety officer described in Code § 403(a), a qualified plan Officer” has the same meaning as in § 1204(9)(A) of described in Code § 401(a), an annuity contract (or the Omnibus Crime Control and Safe Streets Act of custodial agreement) described in Code § 403(b), or 1968 (42 U.S.C. § 3796b(9)(A)). an eligible deferred compensation plan described in Code § 457(b) and maintained by an Employer (3). The Qualified health insurance premiums described in Code § 457(e)(1)(A), which accepts the term “qualified health insurance premiums” means Participant’s, the Participant’s spouse or alternate premiums for coverage for the Eligible Retired Public payee’s eligible rollover distribution. For Safety Officer, his/her spouse, and dependents, by an distributions made after December 31, 2007, a accident or health plan or qualified long-term care Participant or Beneficiary may elect to roll over insurance contract (as defined in Code § 7702B(b)). directly an eligible rollover distribution to a Roth IRA described in Code § 408A(b). ARTICLE V ADMINISTRATIVE SERVICES PROVIDER - (3) A direct rollover is a Direct rollover. DUTIES payment by the Plan to the eligible retirement plan specified by the distributee. 5.01 TERM / VACANCY. The Administrative Services Provider will serve until his/her successor is (4) The Mandatory distribution.appointed. In case the Employer has not appointed a Administrative Services Provider is directed to make successor Administrative Services Provider, the a mandatory distribution, which is an eligible rollover Employer will exercise any and all duties of the distribution, without the Participant’s consent Administrative Services Provider pending the filling provided that the Participant’s Account is less than of the vacancy. $1,000. A distribution to a Beneficiary is not a mandatory distribution. 5.02 DUTIES. The Administrative Services Provider will have the following duties: (5) The § 401(a)(31)(B) Effective Date. 401(a)(31)(B) Effective Date is the date of the close (a) To create administrative forms necessary of the first regular legislative session of the for the proper and efficient administration of legislative body with the authority to amend the Plan the Plan provided the forms are not that begins on or after January 1, 2006. inconsistent with the terms of the Plan; 4.08 ELECTION TO DEDUCT FROM (b) To enforce the terms of the Plan and its DISTRIBUTION. For distributions in taxable years procedures, including this document and such beginning after December 31, 2006, an Eligible other documents related to the Plan’s Retired Public Safety Officer may elect annually for operation; that taxable year to have the Plan deduct an amount from a distribution which the Eligible Retired Public (c) To make, at the direction of the Safety Officer otherwise would receive and include Participant or Beneficiary or pursuant to in income. The plan will pay such deducted amounts Section 4.07(D)(4), distributions of an directly to the provider as described in Section Account; 4.08(A). (d) To review in accordance with the Plan’s The Plan will pay directly to procedures respecting a claim for (or denial of (A) Direct payment. the provider of the accident or health insurance plan a claim for) a benefit under the Plan; or qualified long-term care insurance contract the amounts the Eligible Retired Public Safety Officer (e) To furnish the Employer with information has elected to have deducted from the distribution. which the Employer may require for tax or Such amounts may not exceed the lesser of $3,000 or other purposes; the amount the Participant paid for such taxable year for qualified healthcare premiums, and which (f) To make distributions on account of otherwise complies with Code § 402(l). unforeseeable emergency in accordance with the Plan’s procedures; (B)Definitions. (g) To accept Deferral Contributions, Employer Contributions, and Rollover (1). An Eligible retired public safety officer Contributions; “Eligible Retired Public Safety Officer” is an individual who, by reason of disability or attainment (h) To accept Transfers; of normal retirement age, has experienced a Severance from Employment as a Public Safety Officer with the Employer. Item # 13 12 1/10 Attachment number 1 Page 14 of 21 457 Governmental Plan and Trust (i) To accept Participant or, in the case of a Account subject to an installment distribution, until deceased Participant, Beneficiary direction of the Account is fully distributed. investment; The 5.07 ACCOUNT CHARGED (j) To comply with any reporting and Administrative Services Provider will charge all disclosure rules applicable to the Plan; distributions made to a Participant or to his/her Beneficiary, or transferred under Section 9.03 from (k) To make loans to Participants if elected by his/her Account, against the Account of the the Employer; Participant when made. (l) To appoint agents to act for and in 5.08 PARTICIPANT DIRECTION OF INVESTMENT. Subject to the terms and conditions performing its third party administrative services to the Plan; and required by the Administrative Services Provider and the Trustee, if any, a Participant will have the right to (m) To undertake any other action the direct the investment or re-investment of the assets Administrative Services Provider deems comprising the Participant’s Account. The reasonable or necessary to provide third party Administrative Services Provider will account administrative services to the Plan. separately for the Participant-directed Accounts. The Participant’s right to direct investment does not give 5.03 LOANS TO PARTICIPANTS. The the Participant any vested interest or secured or Employer may elect to permit the Administrative preferred position with respect to assets over which Services Provider and/or Trustee to make Plan loans he/she has investment responsibility. to Participants by executing a participant loan program document with the Administrative Services 5. 09 VESTING / SUBSTANTIAL RISK OF Provider. Any loan by the Plan to a Participant shall FORFEITURE. Each Participant’s Account will be be made in compliance with Code § 72(p). If Plan immediately 100% vested. loans are permitted, the Administrative Services Provider, with the approval and direction of the 5.10 PRESERVATION OF ELIGIBLE PLAN STATUS. The Employer may take any such Employer, may establish, amend or terminate from time to time, nondiscriminatory administrative necessary and appropriate action to preserve the procedures for administering loans.Such loan status of the Plan as an Eligible 457 Plan. procedures must be a written document and must . The Employer include: (1) the procedure for applying for a loan; (2) 5.11 LIMITED LIABILITY the criteria for approving or denying a loan; (3) the will not be liable to pay plan benefits to a Participant limitations, if any, on the types and amounts of loans in excess of the value of the Participant’s Account as available; and (4) the events constituting default and the Administrative Services Provider determines in the steps the Plan will take to preserve Plan assets in accordance with the Plan terms. The Employer, the the event of default. Any administrative procedures Administrative Services Provider, or the Trustee will adopted under this Section 5.03 shall be construed as not be liable for losses arising from depreciation or part of the Plan. shrinkage in the value of any investments acquired under this Plan. 5.04 INDIVIDUAL ACCOUNTS / RECORDS. The Administrative Services Provider will maintain a 5.12 LOST PARTICIPANTS. If the separate Account in the name of each Participant to Administrative Services Provider is unable to locate reflect the value of the Participant’s Deferred any Participant or Beneficiary whose Account Compensation under the Plan. becomes distributable (a “lost Participant”), the Administrative Services Provider will apply the 5.05 VALUE OF PARTICIPANT’S provisions of this Section 5.12. ACCOUNT. The value of each Participant’s Account consists of his/her accumulated Deferred The Administrative Services (A) Attempt to Locate. Compensation, as of the most recent Accounting Provider will attempt to locate a lost Participant and Date or any later date as the Administrative Services may use one or more of the following methods: (1) Provider may determine. provide a distribution notice to the lost Participant at his/her last known address by certified or registered 5.06 ALLOCATION OF NET INCOME, GAIN mail; (2) use the IRS letter forwarding program under OR LOSS. As of each Accounting Date (and each Rev. Proc. 94-22; (3) use a commercial locator other valuation date determined under Section 5.04), service, the internet or other general search method; the Administrative Services Provider will adjust (4) use the Social Security Administration or PBGC Accounts to reflect net income, gain or loss, if any, search program; or (5) use such other methods as the since the last Accounting Date or Account valuation. Administrative Services Provider believes prudent. The Administrative Services Provider will continue to allocate net income, gain and loss to a Participant’s Item # 13 © 13 Copyright 2010 SunGard 1/10 Attachment number 1 Page 15 of 21 457 Governmental Plan and Trust If a lost Participant is not filing the form with the Administrative Services (B) Failure to Locate. located after 6 months following the date the Provider, the form revokes all designations filed prior Administrative Services Provider first attempts to to that date by the same Participant. Provided the locate the lost Participant using one or more of the Administrative Services Provider has been provided methods described in Section 5.12(A), the reasonable notice thereof, a divorce decree, or a Administrative Services Provider may employ the decree of legal separation, revokes the Participant’s unclaimed property processes of the state of the lost designation, if any, of his/her spouse as his/her Participant’s last known address. Neither the Beneficiary under the Plan unless: (a) the decree or a Administrative Services Provider nor the Trustee QDRO provides otherwise; or (b) the Participant has shall be responsible for restoring the Account re-designated his/her former spouse as Beneficiary (including potential gains) if a lost Participant whose following the date of the divorce decree, or other Account was deposited with a state later makes a decree of legal separation. The foregoing revocation claim for his/her Account. provision (if applicable) applies only with respect to a Participant whose divorce or legal separation The provisions becomes effective on or following the date the (C) Nonexclusivity and Uniformity. of this Section 5.12 are intended to provide Employer executes the Plan. permissible but not exclusive means for the Administrative Services Provider to administer the 6.02 NO BENEFICIARY DESIGNATION. Accounts of lost Participants. The Administrative If a Participant fails to name a Beneficiary in Services Provider may utilize any other reasonable accordance with Section 6.01, or if the Beneficiary method to locate lost Participants and to administer named by a Participant predeceases the Participant, the Accounts of lost Participants, including such then the Administrative Services Provider will pay methods as the Revenue Service or other regulatory the Participant’s remaining Account to the agency may in the future specify. The Administrative Participant’s estate. Services Provider will apply Section 5.12 in a reasonable manner, but may in determining a specific If the Beneficiary survives the Participant, but course of action as to a particular Account, dies prior to distribution of the Participant’s entire reasonably take into account differing circumstances Account, the Trustee will pay the remaining Account such as the amount of a lost Participant’s Account, to the Beneficiary’s estate unless: (1) the the expense in attempting to locate a lost Participant, Participant’s Beneficiary designation provides the Administrative Services Provider’s ability to otherwise; or (2) the Beneficiary has properly establish and the expense of establishing a rollover designated a Beneficiary. A Beneficiary only may IRA, and other factors. The Administrative Services designate a Beneficiary for the Participant’s Account Provider may charge to the Account of a lost Balance remaining at the Beneficiary’s death, and the Participant the reasonable expenses incurred under Beneficiary’s designation otherwise complies with this Section 5.12 and which are associated with the the Plan terms. The Administrative Services lost Participant’s Account. Provider will direct a Trustee if applicable as to the method and to whom the Trustee will make payment . The 5.13 PLAN CORRECTIONunder this Section 6.02. Administrative Services Provider, as directed by the Employer, may undertake such correction of Plan 6.03 PARTICIPATION AGREEMENT. errors as the Employer deems necessary, including but not limited to correction to maintain the Plan’s A Participant must elect to make (A) General. status as an “eligible deferred compensation plan” Salary Reduction Contributions on a Participation under the Code. Agreement form the Administrative Services Provider provides for this purpose. The Participation Agreement must be consistent with the procedures of ARTICLE VI the Administrative Services Provider. The PARTICIPANT ADMINISTRATIVE Participation Agreement may impose such other PROVISIONS terms and limitations as the Employer or 6.01 BENEFICIARY DESIGNATION. A Administrative Services Provider may determine. Participant from time to time may designate, in writing, any person(s) (including a trust or other A Participation Agreement (B) Election Timing. entity), contingently or successively, to whom the may not take effect earlier than the first day of the Administrative Services Provider or Trustee will pay calendar month following the date the Participant the Participant’s Account (including any life executes the Participation Agreement and as to insurance proceeds payable to the Participant’s Compensation paid or made available in such Account) in the event of death. A Participant also calendar month. However, if an Employee is eligible may designate the method of payment of his/her to become a Participant during the Employee’s Account. The Administrative Services Provider will calendar month of hire, the Employee may execute a prescribe the form for the Participant’s written Participation Agreement on or before the date he/she designation of Beneficiary and, upon the Participant’s Item # 13 14 1/10 Attachment number 1 Page 16 of 21 457 Governmental Plan and Trust becomes an Employee, effective for the month in Plan distribution is not able to care for his/her affairs which he/she becomes an Employee. because of a mental condition, a physical condition, or by reason of age, the Administrative Services If the Employer Provider or the Trustee may make the distribution to (C) Sick, Vacation and Back Pay. adopts a policy that permits Participants to make the Participant’s or Beneficiary’s guardian, Salary Reduction Contributions from accumulated conservator, trustee, custodian (including under a sick pay, from accumulated vacation pay or from Uniform Transfers or Gifts to Minors Act) or to back pay, a Participant who will incur a Severance his/her attorney-in-fact or to other legal from Employment may execute a Participation representative upon furnishing evidence of such Agreement before such amounts are paid or made status satisfactory to the Administrative Services available provided: (i) such amounts are paid or made Provider and to the Trustee. The Administrative available before the Participant incurs the Severance; Services Provider and the Trustee do not have any and (ii) the Participant is an Employee in that month. liability with respect to payments so made and neither the Administrative Services Provider nor the . A Trustee has any duty to make inquiry as to the (D) Modification of Participation Agreement Participation Agreement remains in effect until a competence of any person entitled to receive Participant modifies it or ceases to be eligible to payments under the Plan. participate in the Plan. A Participant may modify his/her Participation Agreement by executing a new ARTICLE VII Participation Agreement. Any modification will MISCELLANEOUS become effective no earlier than the beginning of the calendar month commencing after the date the 7.01 NO ASSIGNMENT OR ALIENATION. A Participant executes the new Participation Participant or Beneficiary does not have the right to Agreement. Filing a new Participation Agreement commute, sell, assign, pledge, transfer or otherwise will revoke all Participation Agreements filed prior to convey or encumber the right to receive any that date. The Employer or Administrative Services payments under the Plan or Trust and the Provider may restrict the Participant’s right to modify Administrative Services Provider and the Trustee will his/her Participation Agreement in any Taxable Year. not recognize any such anticipation, assignment, or alienation. The payments and the rights under this 6.04 PERSONAL DATA TO ADMIN-Plan are non-assignable and nontransferable. Subject ISTRATIVE SERVICES PROVIDER. Each to Section 8.15, a Participant’s or Beneficiary’s Participant and each Beneficiary of a deceased interest in the Trust is not subject to attachment, Participant must furnish to the Administrative garnishment, levy, execution or other legal or Services Provider such evidence, data or information equitable process. as the Administrative Services Provider considers necessary or desirable for the purpose of 7.02 EFFECT ON OTHER PLANS. This Plan does not affect benefits under any other retirement, administering the Plan. The provisions of this Plan are effective for the benefit of each Participant upon pension, or benefit plan or system established for the the condition precedent that each Participant will benefit of the Employer’s Employees, and furnish promptly full, true and complete evidence, participation under this Plan does not affect benefits data and information when requested by the receivable under any such plan or system, except to Administrative Services Provider, provided the the extent provided in such plan or system. Administrative Services Provider advises each Participant of the effect of his failure to comply with 7.03 WORD USAGE. Words used in the its request. masculine will apply to the feminine where applicable, and wherever the context of the Plan 6.05 ADDRESS FOR NOTIFICATION. Each dictates, the plural will be read as the singular and the Participant and each Beneficiary of a deceased singular as the plural. Participant must file with the Administrative Services Provider from time to time, in writing, his/her 7.04 STATE LAW. The laws of the state of the address and any change of address. Any Employer’s principal place of business will communication, statement or notice addressed to a determine all questions arising with respect to the Participant, or Beneficiary, at his/her last address provisions of this Prototype Plan, except to the extent filed with the Administrative Services Provider, or as Federal law supersedes State law. shown on the records of the Employer, binds the . Participant, or Beneficiary, for all purposes of this 7.05 EMPLOYMENT NOT GUARANTEED Plan. Nothing contained in this Plan, or any modification or amendment to the Plan, or in the 6.06 PARTICIPANT OR BENEFICIARY IN-creation of any Account, or the payment of any CAPACITATED. If evidence is submitted to the benefit, gives any Employee, Participant or Administrative Services Provider which supports an Beneficiary any right to continue employment, any opinion that a Participant or Beneficiary entitled to a legal or equitable right against the Employer, the Item # 13 © 15 Copyright 2010 SunGard 1/10 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 8.02 ACCEPTANCE / HOLDING. The thereof except as expressly provided by the Plan. Trustee accepts the Trust created under the Plan and agrees to perform the duties and obligations imposed. 7.06 NOTICE, DESIGNATION, ELECTION, The Trustee must hold in trust under this Article VIII, CONSENT AND WAIVER. All notices under the all Deferred Compensation until paid in accordance Plan and all Participant or Beneficiary designations, with the Plan terms. elections, consents or waivers must be in writing and made in a form acceptable to the Administrative 8.03 RECEIPT OF CONTRIBUTIONS. The Services Provider. To the extent permitted by Trustee is accountable to the Employer for the funds Treasury regulations or other applicable guidance, contributed to it by the Employer or the any Plan notice, election, consent or waiver may be Administrative Services Provider, but the Trustee transmitted electronically. Any person entitled to does not have any duty to see that the contributions notice under the Plan may waive the notice or shorten received comply with the provisions of the Plan. the notice period except as otherwise required by the Code. 8.04 FULL INVESTMENT POWERS. The Trustee is authorized and empowered, but not by way 7.07 LIMITATIONS ON TRANSFERS AND of limitation, to exercise and perform the following EXCHANGES. The Employer and the duties: Administrative Services Provider may adopt procedures to govern Participant elections and (a) To invest any part or all of the Trust in directions concerning a Participant’s, Beneficiary’s, any common or preferred stocks, open-end or closed- or Alternate Payee’s investment specifications and end mutual funds, put and call options traded on a may impose limitations on transfers and exchanges national exchange, United States retirement plan from one investment option with the Plan to another. bonds, corporate bonds, debentures, convertible These procedures shall be in addition to any debentures, commercial paper, U. S. Treasury bills, established by investment providers to the Plan. The U. S. Treasury notes and other direct or indirect Employer and the Administrative Services Provider obligations of the United States Government or its may decline to implement any investment agencies, improved or unimproved real estate situated instructions for a Participant, Beneficiary, or in the United States, limited partnerships, insurance Alternate Payee where either deems appropriate. contracts of any type, mortgages, notes or other property of any kind, real or personal, and to buy or 7.08 EMPLOYER RESPONSIBILITY FOR sell options on common stock on a nationally DISTRIBUTION OF PLAN RELATED recognized options exchange with or without holding INFORMATION. The Employer will distribute all the underlying common stock, as a prudent person Plan related amendments, restated plan documents, would do under like circumstances. Any investment and deferred compensation plan tax related made or retained by the Trustee in good faith will be documentation to the Administrative Service proper but must be of a kind constituting a Providers when there are multiple Administrative diversification considered by law suitable for trust Service Providers of the Plan. investments; 7.09 USE OF PLAN ASSETS THAT ARE (b) To retain in cash so much of the Trust as NOT ATTRIBUTABLE TO AN ACCOUNT. If the it may deem advisable to satisfy liquidity needs of the Plan receives money that is not attributable to an Plan and to deposit any cash held in the Trust in a Account, then the Employer will direct the bank account at reasonable interest; Administrative Services Provider as to the use of these amounts. Examples include, but are not limited (c) To invest, if the Trustee is a bank or to, money received by the Plan as part of a similar financial institution supervised by the United settlement, litigation award or fee reimbursement. States or by a State, in any type of deposit of the The Employer may use these amounts to offset Plan Trustee (or a bank related to the Trustee within the expenses or may allocate these amounts to meaning of Code §414(b)) at a reasonable rate of Participants or as it deems appropriate 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 ARTICLE VIII defined in Code §1504) maintains exclusively for the TRUST PROVISIONS collective investment of money contributed by the . The provisions of 8.01 APPLICATIONbank (or its affiliate) in its capacity as Trustee and this Article VIII apply only if the Employer has not which conforms to the rules of the Comptroller of the elected to substitute another trust, custodial accounts Currency; or annuity contracts in lieu of the Trust established under this Article VIII. Item # 13 16 1/10 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, (n) To furnish to the Employer and the abandon, improve, repair, insure, lease for any term Administrative Services Provider an annual statement even though commencing in the future or extending of account showing the condition of the Trust and all beyond the term of the Trust, and otherwise deal with investments, receipts, disbursements and other all property, real or personal, in such manner, for transactions effected by the Trustee during the Plan such considerations and on such terms and conditions Year covered by the statement and also stating the as the Trustee decides; assets of the Trust held at the end of the Plan Year, which accounts will be conclusive on all persons, (e) To credit and distribute the Trust as including the Employer and the Administrative directed by the Administrative Services Provider of Services Provider, except as to any act or transaction the Plan. The Trustee will not be obliged to inquire as concerning which the Employer or the to whether any payee or distributee is entitled to any Administrative Services Provider files with the payment or whether the distribution is proper or Trustee written exceptions or objections within 90 within the terms of the Plan, or as to the manner of days after the receipt of the accounts; and making any payment or distribution. The Trustee will be accountable only to the Administrative Services (o) To begin, maintain or defend any Provider for any payment or distribution made by it litigation necessary in connection with the in good faith on the order or direction of the administration of the Trust, except that the Trustee Administrative Services Provider; will not be obliged or required to do so unless (f) To borrow money, to assume 8.05 RECORDS AND STATEMENTS. The indebtedness, extend mortgages and encumber by records of the Trustee pertaining to the Trust will be mortgage or pledge; open to the inspection of the Employer at all reasonable times and may be audited from time to (g) To compromise, contest, arbitrate or time by any person or persons as the Employer may abandon claims and demands; specify in writing. The Trustee will furnish the Administrative Services Provider whatever (h) To have with respect to the Trust all of information relating to the Trust the Administrative the rights of an individual owner, including the power Services Provider considers necessary. to exercise any and all voting rights associated with Trust assets, to give proxies, to participate in any 8.06 FEES AND EXPENSES FROM FUND. The Trustee will receive reasonable annual voting trusts, mergers, consolidations or liquidations, to tender shares and to exercise or sell stock compensation in accordance with its fee schedule as subscriptions or conversion rights; published from time to time. The Trustee will pay from the Trust all fees and expenses the Trustee (i) To lease for oil, gas and other mineral reasonably incurs in its administration of the Trust, purposes and to create mineral severances by grant or unless the Employer pays the fees and expenses. reservation; to pool or unitize interest in oil, gas and other minerals; and to enter into operating 8.07 PROFESSIONAL AGENTS. The Trustee agreements and to execute division and transfer may employ and pay from the Trust reasonable orders; compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion (j) To hold any securities or other property may be necessary. The Trustee may delegate to any in the name of the Trustee or its nominee, with agent, attorney, accountant or other person selected depositories or agent depositories or in another form by it any non-Trustee power or duty vested in it by as it may deem best, with or without disclosing the the Trust, and the Trustee may act or refrain from trust relationship; acting on the advice or opinion of any agent, attorney, accountant or other person so selected. (k) To perform any and all other acts in its judgment necessary or appropriate for the proper and 8.08 DISTRIBUTION OF CASH OR advantageous management, investment and PROPERTY. The Trustee may make distribution distribution of the Trust; under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee. (l) To retain any funds or property subject to . The any dispute without liability for the payment of 8.09 RESIGNATION AND REMOVAL interest, and to decline to make payment or delivery Trustee or the Custodian may resign its position by of the funds or property until a court of competent giving written notice to the Employer and to the jurisdiction makes a final adjudication; Administrative Services Provider. The Trustee’s notice must specify the effective date of the Trustee’s (m) To file all tax returns required of the resignation, which date must be at least 30 days Trustee; Item # 13 © 17 Copyright 2010 SunGard 1/10 Attachment number 1 Page 19 of 21 457 Governmental Plan and Trust following the date of the Trustee’s notice, unless the impose such conditions, limitations and other Employer consents in writing to shorter notice. provisions as the Trustee may deem appropriate and as are consistent with the Administrative Services The Employer may remove a Trustee or a Provider’s policy. The Trustee will report to the Custodian by giving written notice to the affected Administrative Services Provider the net income, party. The Employer’s notice must specify the gain or losses incurred by each Participant directed effective date of removal which date must be at least Account separately from the net income, gain or 30 days following the date of the Employer’s notice, losses incurred by the general Trust during the Trust except where the Employer reasonably determines a Year. shorter notice period or immediate removal is necessary to protect Plan assets. 8.13 THIRD PARTY RELIANCE. No person dealing with the Trustee will be obliged to see to the 8.10 SUCCESSOR TRUSTEE. proper application of any money paid or property delivered to the Trustee, or to inquire whether the In the event of the resignation or Trustee has acted pursuant to any of the terms of the (A) Appointment. the removal of a Trustee, where no other Trustee Trust. Each person dealing with the Trustee may act continues to service, the Employer must appoint a upon any notice, request or representation in writing successor Trustee if it intends to continue the Plan. If by the Trustee, or by the Trustee’s duly authorized two or more persons hold the position of Trustee, in agent, and will not be liable to any person the event of the removal of one such person, during whomsoever in so doing. The certificate of the any period the selection of a replacement is pending, Trustee that it is acting in accordance with the Trust or during any period such person is unable to serve will be conclusive in favor of any person relying on for any reason, the remaining person or persons will the certificate. act as the Trustee. If the Employer fails to appoint a successor Trustee as of the effective date of the 8.14 INVALIDITY OF ANY TRUST Trustee resignation or removal and no other Trustee PROVISION. If any clause or provision of this remains, the Trustee will treat the Employer as Article VIII proves to be or is adjudged to be invalid having appointed itself as Trustee and as having filed or void for any reason, such void or invalid clause or the Employer’s acceptance of appointment as provision will not affect any of the other provisions successor Trustee with the former Trustee. of this Article VIII and the balance of the Trust provisions will remain operative. Any corporation which (B) Automatic Successor. . The Trustee will succeeds to the trust business of the Trustee, or 8.15 EXCLUSIVE BENEFIT results from any merger or consolidation to which the hold all the assets of the Trust for the exclusive Trustee is a party, or is the transferee of substantially benefit of the Participants and their Beneficiaries and all the Trustee’s assets, will be the successor to the neither the Employer nor the Trustee will use or Trustee under this Trust. The successor Trustee will divert any part of the corpus or income of the Trust possess all rights, duties and powers under this Trust for purposes other than the exclusive benefit of the as if the successor Trustee were the original Trustee. Participants and Beneficiaries of the Plan. The Neither the Trustee nor the successor Trustee need Employer will not have any right to the assets held by provide notice to any interested person of any the Trustee and the Trust assets will not be subject to transaction resulting in a successor Trustee. The the claims of the Employer’s creditors or, except as successor Trustee need not file or execute any provided in Section 4.06, of the creditors of any additional instrument or perform any additional act to Participant or Beneficiary. No Participant or become successor Trustee. Beneficiary shall have any right to sell, assign, transfer or otherwise convey his/her Account or any 8.11 VALUATION OF TRUST. The Trustee interest in his/her Deferred Compensation. will value the Trust as of each Accounting Date to Notwithstanding the foregoing, the Administrative determine the fair market value of the Trust assets. Services Provider may pay from a Participant’s or The Trustee will value the Trust on such other date(s) Beneficiary’s Account the amount the Administrative the Administrative Services Provider may direct. Services Provider finds is lawfully demanded under a levy issued by the Internal Revenue Service with 8.12 PARTICIPANT DIRECTION OF respect to that Participant or Beneficiary or is sought INVESTMENT. Consistent with the Administrative to be collected by the United States Government Services Provider’s policy adopted under Section under a judgment resulting from an unpaid tax 5.02(i), the Trustee may consent in writing to permit assessment against the Participant or Beneficiary. Participants in the Plan to direct the investment to the The Trust created under the Employer’s Plan is Trust assets. The Administrative Services Provider irrevocable and its assets will not inure to the benefit will advise the Trustee of the portion of the Trust of the Employer. credited to each Participant’s Account under the Plan, and subject to such Participant direction. As a 8.16 SUBSTITUTION OF CUSTODIAL ACCOUNT OR ANNUITY CONTRACT. The condition of Participant direction, the Trustee may Item # 13 18 1/10 Attachment number 1 Page 20 of 21 457 Governmental Plan and Trust Employer may elect to use one or more custodial amendments are necessary to continue the Plan as an accounts or annuity contracts in lieu of or in addition Eligible 457 Plan. to the Trust established in this Article VIII. Any such custodial account or annuity contract must satisfy the 9.02 TERMINATION / FREEZING OF requirements of Code §457(g)(3) and applicable PLAN. The Employer has the right, at any time, to Treasury regulations. terminate this Plan or to cease (freeze) further Deferral Contributions to the Plan. Upon termination 8.17 GROUP TRUST AUTHORITY. Not-or freezing of the Plan, the provisions of the Plan withstanding any contrary provision in this Plan, the (other than provisions permitting continued Deferral Trustee may, unless restricted in writing by the Contributions) remain operative until distribution of Administrative Services Provider, transfer assets of all Accounts. Upon Plan termination, the the plan to a group trust that is operated or Administrative Services Provider or Trustee shall maintained exclusively for the commingling and distribute to Participants and Beneficiaries all collective investment of monies provided that the Deferred Compensation as soon as is reasonably funds in the group trust consist exclusively of trust practicable following termination. assets held under plans qualified under Code section 401(a), individual retirement accounts that are 9.03 TRANSFERS. The Plan: (a) may accept exempt under Code section 408(e), and eligible a Transfer of a Participant’s Account in another governmental plans that meets the requirements of employer’s Eligible 457 Plan; or (b) may Transfer a Code section 457(b). For this purpose, a trust Participant’s (or Beneficiary’s) Account in this Plan includes a custodial account that is treated as a trust to the another employer’s Eligible 457 Plan. The under Code section 401(f) or under Code section other plan involved in the Transfer must provide for 457(g)(3). For purposes of valuation, the value of the Transfers. The Participant or Beneficiary, after the interest maintained by the Plan in such group trust Transfer will have Deferred Compensation in the shall be the fair market value of the portion of the recipient plan at least equal to his/her Deferred group trust held for Plan, determined in accordance Compensation in the transferring plan immediately with generally recognized valuation procedures. 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- ARTICLE IX severance transfers between Eligible 457 Plans; AMENDMENT, TERMINATION, TRANSFERS 1.457-10(b)(3) as to transfers of all assets between 9.01 AMENDMENT BY EMPLOYER / Eligible 457 Plans; and 1.457-10(b)(4) as to transfers SPONSOR. The Employer has the right at any time between Eligible 457 Plans of the same Employer. and from time to time: The Administrative Services Provider will credit any Transfer accepted under this Section 9.03 to the (a)To amend this Plan and Trust Agreement in Participant’s Account and will treat the transferred any manner it deems necessary or advisable in order amount as a Deferral Contribution for all purposes of to continue the status of this Plan as an Eligible 457 this Plan except such Transfer will not be treated as a Plan; and Deferral Contribution subject to the limitations of Article III. The Plan’s Transfer of any Participant’s (b)To amend this Plan and Trust Agreement in or Beneficiary’s Account under this Section 9.03 any other manner, including deletion, substitution or completely discharges the Employer, the modification of any Plan or Trust. Administrative Services Provider, the Trustee and the Plan from any liability to the Participant or The Employer must make all amendments in Beneficiary for any Plan benefits. writing. The Employer may amend the Plan by addenda, by separate amendment, or by restatement 9.04 PURCHASE OF PERMISSIVE of the Plan. Each amendment must state the date to SERVICE CREDIT. A Participant, prior to otherwise which it is either retroactively or prospectively incurring a distributable event under Article IV, may effective. The Employer also may not make any direct the Trustee to transfer (as of January 1, 2002, amendment that affects the rights, duties or or later) all or a portion of his/her Account to a responsibilities of the Trustee or the Administrative governmental defined benefit plan (under Code Services Provider without the written consent of the §414(d)) for: (a) the purchase of permissive service affected Trustee or the Administrative Services credit (under Code §415(n)(3)(A)) under such plan, Provider. or (b) the repayment of contributions and earnings previously refunded with respect to a forfeiture of The Employer will accept amendments from service credited under the plan (or under another the Administrative Services Provider (including governmental plan within the same State) to which adoption of a substitute Plan and Trust) without being Code §415 does not apply by reason of Code required to re-execute the Plan, provided that the §415(k)(3). Item # 13 © 19 Copyright 2010 SunGard 1/10 Attachment number 1 Page 21 of 21 457 Governmental Plan and Trust the undersigned has executed this Plan and Trust to become effective the _____ day of IN WITNESS WHEREOF, ___________________, 20___ for the: _____________________________________________________________ (Plan Name) By: ___________________________________________________________ (signature) _____________________________________________________________ (printed name) _____________________________________________________________ (title/role) Item # 13 20 1/10 Attachment number 2 Page 1 of 2 Item # 13 Attachment number 2 Page 2 of 2 Item # 13 5/5/2011 Meeting Date: City Council Agenda 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 $2,890,000 all costs associated with this project up to the original 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 May 30, 2009 Construction Commence December 31, 2010 Complete Construction December 31, 2012 Agreement Terminated December 31, 2013 There is no cost to the City associated with the First Amendment to SWFWMD Cooperative Funding Agreement. Other Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Cover Memo 00 Current Year Cost:Annual Operating Cost: Item # 14 0 Not to Exceed:Total Cost: to For Fiscal Year: Review Approval: Cover Memo Item # 14 Attachment number 1 Page 1 of 9 Item # 14 Attachment number 1 Page 2 of 9 Item # 14 Attachment number 1 Page 3 of 9 Item # 14 Attachment number 1 Page 4 of 9 Item # 14 Attachment number 1 Page 5 of 9 Item # 14 Attachment number 1 Page 6 of 9 Item # 14 Attachment number 1 Page 7 of 9 Item # 14 Attachment number 1 Page 8 of 9 Item # 14 Attachment number 1 Page 9 of 9 Item # 14 5/5/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Barbara Green 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 : ** Three members will be Clearwater residents who live within or adjacent to the SPECIAL QUALIFICATIONS 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: Cover Memo Item # 15 Attachment number 1 Page 1 of 2 Item # 15 Attachment number 1 Page 2 of 2 Item # 15 5/5/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Lisa Hughes 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 nd MEETING DATE: 2 Tues. most months PLACE: Determined when called APPTS. NEEDED: 1 STAFF LIAISON: Michael Holmes : Board to have 1 member in each: Real Estate Professional in Connection with SPECIAL QUALIFICATIONS 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 nd Interested in reappointment: Yes (2 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 Cover Memo 1 Employer’s Rep 1 Not For-Profit Provider of Affordable Housing Item # 16 1 Real Estate Professional in Connection with Affordable Housing 1 Residential Home Building Industry Review Approval: Cover Memo Item # 16 Attachment number 1 Page 1 of 2 Item # 16 Attachment number 1 Page 2 of 2 Item # 16 5/5/2011 Meeting Date: City Council Agenda 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: Cover Memo Item # 17 Attachment number 1 Page 1 of 1 Item # 17 5/5/2011 Meeting Date: City Council Agenda 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. Other Type: YesYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Transfer from Airpark reserves. $125,000 Current Year Cost:Annual Operating Cost: $125,000$125,000 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-94854 $125,000Transfer from Airpark reserves Review Approval: Cover Memo Item # 18 Attachment number 1 Page 1 of 6 Item # 18 Attachment number 1 Page 2 of 6 Item # 18 Attachment number 1 Page 3 of 6 Item # 18 Attachment number 1 Page 4 of 6 Item # 18 Attachment number 1 Page 5 of 6 Item # 18 Attachment number 1 Page 6 of 6 Item # 18 Attachment number 2 Page 1 of 1 Item # 18 5/5/2011 Meeting Date: City Council Agenda 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). Other Type: YesYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Transfer of funds from Airpark reserves $75,000 Current Year Cost:Annual Operating Cost: $75,000$75,000 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-94854 $75,000Transfer from Airpark reserves Review Approval: Cover Memo Item # 19 Attachment number 1 Page 1 of 28 Item # 19 Attachment number 1 Page 2 of 28 Item # 19 Attachment number 1 Page 3 of 28 Item # 19 Attachment number 1 Page 4 of 28 Item # 19 Attachment number 1 Page 5 of 28 Item # 19 Attachment number 1 Page 6 of 28 Item # 19 Attachment number 1 Page 7 of 28 Item # 19 Attachment number 1 Page 8 of 28 Item # 19 Attachment number 1 Page 9 of 28 Item # 19 Attachment number 1 Page 10 of 28 Item # 19 Attachment number 1 Page 11 of 28 Item # 19 Attachment number 1 Page 12 of 28 Item # 19 Attachment number 1 Page 13 of 28 Item # 19 Attachment number 1 Page 14 of 28 Item # 19 Attachment number 1 Page 15 of 28 Item # 19 Attachment number 1 Page 16 of 28 Item # 19 Attachment number 1 Page 17 of 28 Item # 19 Attachment number 1 Page 18 of 28 Item # 19 Attachment number 1 Page 19 of 28 Item # 19 Attachment number 1 Page 20 of 28 Item # 19 Attachment number 1 Page 21 of 28 Item # 19 Attachment number 1 Page 22 of 28 Item # 19 Attachment number 1 Page 23 of 28 Item # 19 Attachment number 1 Page 24 of 28 Item # 19 Attachment number 1 Page 25 of 28 Item # 19 Attachment number 1 Page 26 of 28 Item # 19 Attachment number 1 Page 27 of 28 Item # 19 Attachment number 1 Page 28 of 28 Item # 19 Attachment number 2 Page 1 of 1 Item # 19 5/5/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 20 Meeting Date:5/5/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: Cover Memo Item # 21