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07/21/2011 City Council Agenda Location: Council Chambers - City Hall Date: 7/21/2011- 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 4.1Service Awards Attachments 4.2Certificate presentations to Valedictorian and Salutatorians from Clearwater High Schools Attachments 4.3End of Legislative Session Report - Representative Frische Attachments 5. Approval of Minutes 5.1Approve the minutes of the June 14, 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 City of Clearwater’s Fiscal Year 2011-16 Five-Year Consolidated Plan and Fiscal Year 2011-12 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, authorize the City to enter into agreements with organizations contained in the Fiscal Year 2011-12 Consolidated Action Plan, and authorize the appropriate officials to execute same. Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8261-11 on second reading, annexing certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.2Adopt Ordinance 8262-11 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.3Adopt Ordinance 8263-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of- way, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Attachments 8.4Adopt Ordinance 8265-11 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2011, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marina Fund, Airpark Fund, Clearwater Harbor Marina Fund, Parking Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. Attachments 8.5Adopt Ordinance 8267-11 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2011, to reflect a net decrease of $429,533. Attachments City Manager Reports 9. Consent Agenda 9.1Approve $60,000 offer of settlement of the liability claim of Thomas Quayle, Jr. and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve $50,000 settlement of the liability claim of Wilbur Taylor and authorize the appropriate officials to execute same. (consent) Attachments 9.3Approve $40,000 settlement of the liability claim of Gerard Gregory and authorize the appropriate officials to execute same. (consent) Attachments 9.4Approve the collective bargaining agreement as negotiated between the City of Clearwater and the International Association of Firefighters Local 1158 for Fiscal Years 2008/09 and 2009/10, approve the collective bargaining agreement as negotiated between the City of Clearwater and the International Association of Firefighters Local 1158 for Fiscal Years 2010/11, 2011/12, and 2012/13 and authorize the appropriate officials to execute same. (consent) Attachments 9.5Approve the provision of a one-time, lump sum cash remuneration in the amount of $400 minus applicable withholding to each eligible bargaining unit member of Communications Workers of America Local 3179 in accordance with the agreement between the City and Union to resolve the wage re-opener for the 2010/2011 fiscal year at a total cost of $350,000. (consent) Attachments 9.6Approve Host Venue Sponsorship Agreement (Agreement) between the City and World Triathlon Corporation (WTC) to conduct an international distance triathlon event in Clearwater, Florida, on the second Saturday in November beginning in 2011 for a period of one year with four (4) automatic one-year renewals until 2015 and authorize the appropriate officials to execute same. (consent) Attachments 9.7Award a contract to Voeller Construction of Palm Harbor, Florida, Bid 08-0064-PR-(C), for the construction and renovation of restroom/concession building at Pier 60 Park, which includes alternates 2, 3 and 4 and a 10% contingency; approve a change order deduct for $900, for a net sum of $424,492.20; approve the transfer of $225,000 from miscellaneous Parks and Recreation operating funds to CIP 315- 93273 at third quarter and authorize the appropriate officials to execute same. (consent) Attachments 9.8Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $74,412. (consent) Attachments 9.9Approve Change Order 1 to Reynolds Inliner, LLC, Clearwater, FL, for the 2010 Stormwater Pipe Lining Project (09-0054-EN) in the amount of $1,088,325.00 for a revised contract amount of $2,285,482.50 and authorize the appropriate officials to execute same. (consent) Attachments 9.10Approve a Supplemental Work Order to King Engineering Associates, Inc. (Engineer of Record) to provide engineering design and permitting services for the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) in the amount of $69,806.00 and authorize the appropriate officials to execute same. (consent) Attachments 9.11Award a contract to RTD Construction, Inc. of Zephyrhills, Florida, to rehabilitate clarifiers 1-4 at the Northeast Water Reclamation Facility (WRF) in the amount of $1,419,235.18, which is the lowest responsible bid received in accordance with plans and specifications; and approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $118,363.00 to provide Construction, Engineering and Inspection (CEI) services for total funding in the amount of $1,537,598.18 and authorize the appropriate officials to execute same. (consent) Attachments 9.12Award a contract to RTD Construction, Inc. of Zephyrhills, FL, in the amount of $320,518 for construction of the Pickett Thickener and Scum Removal Improvements Project for the Northeast Water Reclamation Facility (WRF), (project number 09-0040-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. (consent) Attachments 9.13Accept a General Utility Easement conveyed by Mary Huber, as Trustee for the Church of Scientology Religious Trust over, under, and across a portion of Lots 8 and 9, George Washburn Subdivision, as more particularly described therein, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Attachments 9.14Grant a Non-Exclusive License to Encroach (License) to The Goodyear Tire and Rubber Company, an Ohio corporation, in consideration of the recitals and mutual covenants and conditions contained therein, within the easterly 10 feet of Lot 1, Gibson’s Clearwater Heights Subdivision, as more particularly described therein, and authorize the appropriate officials to execute same. (consent) Attachments 9.15Grant, bargain, sell, transfer and quit-claim to Tom Sehlhorst, 6034 Waterside Drive, Birmingham Alabama, a portion of Block E, Joseph J. Eldridges subdivision, in consideration of receipt of $10.00 in hand paid, and authorize the appropriate officials to execute a Quit-Claim Deed evidencing same as more particularly described therein. (consent) Attachments 9.16Withhold further action and reject all bids at this time regarding implementing a Red Light Camera Safety Program. Attachments 9.17Appoint two members to the Parks and Recreation Board, Gerald J. Thompson to fill the remainder of an unexpired term until May 31, 2014 and Allen Weatherilt to fill a term to expire May 31, 2015. Attachments 9.18Appoint Roberta S. Klar as the Clearwater Arts Alliance, Inc. representative, formerly Clearwater Arts Foundation, to the Public Art and Design Board to fill the remainder of an unexpired term until March 31, 2014. (consent) Attachments 9.19Appoint Donald O. McFarland to the Marine Advisory Board with term to expire March 31, 2015. (consent) Attachments 9.20Designate Councilmember Jonson to be the official voting delegate at the Florida League of Cities’ Annual Conference, August 11-13, 2011. (consent) Attachments 9.21Request for authority to institute a civil action on behalf of the City against R and R Companies, Inc., to recover $3,529.51 for damages to City property. (consent) Attachments 10. Other Items on City Manager Reports 10.1Adopt a tentative millage rate of 5.1550 mills for fiscal year 2011/12 and set public hearing dates on the budget for September 14, 2011 and September 29, 2011, to be held no earlier than 6:00 p.m. Attachments 10.2Approve the restated plan document pertaining to the Nationwide Retirement Solutions 457 Governmental Plan and Trust Deferred Compensation Plan for City employees and enable documents, including but not limited to administrative agreements and participant loan program documents, adopt Resolution 11-17 and authorize the appropriate officials to execute same. Attachments 10.3Support the Florida Department of Environmental Protection’s (FDEP) petition to rescind U.S. Environmental Protection Agency’s Numeric Nutrient Criteria (NNC) in Florida and adopt Resolution 11- 16. Attachments 10.4Approve a settlement agreement settling the case of Pickles Plus Too, Inc. v. City of Clearwater, Case 11- 001450-CI-08, including the execution by appropriate officials of all documents related thereto, specifically, the proposed Settlement Agreement and Lease attached hereto, and authorize the allocation of $668,000.00 of General Fund Reserves to fund the settlement payment. Attachments 10.5Change the date of the City's elections to coincide with the state and county elections and pass Ordinance 8274-11 on first reading. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Other Council Action 12.1Artificial Turf Attachments 13. Closing Comments by Mayor 14. Adjourn Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Gregory Turman Public Utilities Jared Barden Information Technology Stephanie Gilmore Official Records & Legislative Services Ronnie Melton Marine & Aviation Caprice Mueller Parks & Recreation Kelli Dacey Marine & Aviation William Peterson Finance Christopher Hubbard Parks & Recreation Lynne Marchitello Parks & Recreation 10 Years of Service Richard Ross Public Utilities Brian Rogers Police Christopher Ziermann Police Scott Durivou Police Scott O'Hare Police Colleen Lau Police General Services Craig Tower Solid Waste/ Maureen Owens Parks & Recreation Brian Matherly Public Utilities Mary Anne Fetuuaho Library Darrell Goodin Parks & Recreation Patrick Pothier Parks & Recreation Modesto Gonzalez Engineering 15 Years of Service Solid Waste Paul Wassen /General Services Jonathan Walser Police Benjamin Coccia Planning & Development Anthony Monte Police Ricky Hess Engineering 20 Years of Service Teresa Phillips Customer Service Stephen Bohling Police Geraldo Cruz Fire David Jackson Fire Robert Sullivan Planning & Development Eric Gandy Police Robert Quinn Fire 25 Years of Service Curtis Walser Public Utilities Cover Memo Item # 1 Review Approval: Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Certificate presentations to Valedictorian and Salutatorians from Clearwater High Schools SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: End of Legislative Session Report - Representative Frische SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the June 14, 2011 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Attachment number 1 Page 1 of 21 Item # 4 Attachment number 1 Page 2 of 21 Item # 4 Attachment number 1 Page 3 of 21 Item # 4 Attachment number 1 Page 4 of 21 Item # 4 Attachment number 1 Page 5 of 21 Item # 4 Attachment number 1 Page 6 of 21 Item # 4 Attachment number 1 Page 7 of 21 Item # 4 Attachment number 1 Page 8 of 21 Item # 4 Attachment number 1 Page 9 of 21 Item # 4 Attachment number 1 Page 10 of 21 Item # 4 Attachment number 1 Page 11 of 21 Item # 4 Attachment number 1 Page 12 of 21 Item # 4 Attachment number 1 Page 13 of 21 Item # 4 Attachment number 1 Page 14 of 21 Item # 4 Attachment number 1 Page 15 of 21 Item # 4 Attachment number 1 Page 16 of 21 Item # 4 Attachment number 1 Page 17 of 21 Item # 4 Attachment number 1 Page 18 of 21 Item # 4 Attachment number 1 Page 19 of 21 Item # 4 Attachment number 1 Page 20 of 21 Item # 4 Attachment number 1 Page 21 of 21 Item # 4 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2011-16 Five-Year Consolidated Plan and Fiscal Year 2011-12 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, authorize the City to enter into agreements with organizations contained in the Fiscal Year 2011-12 Consolidated Action Plan, and authorize the appropriate officials to execute same. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funding to prepare a comprehensive five (5) year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Year 2011-16 Consolidated Plan responds to identified needs and continues prior Consolidated Plan activities. The Plan includes an executive summary, community profile, strategic plan, annual action plan, citizen participation plan and an analysis of fair housing and certifications. The community profile and the strategic plan are the two major components of the document. The community profile identifies the demographics and the strategic plan identifies the needs and how they are going to be addressed. HUD establishes three main goals to develop viable communities. They include providing housing, a suitable living environment and economic opportunities. In addition to the main goals, HUD has also established five areas in which participating jurisdictions must include to reach their main goals. They include housing, homeless, non- homeless and special needs, community services and facilities, and economic development. The City of Clearwater goals identified through its consolidated planning process include: Housing Goal: Provide availability and accessibility to decent housing to the low to moderate-income families in the City of Clearwater. Homeless Goal: Help to prevent and reduce homelessness within the City of Clearwater. Non-Homeless and Special Needs Goal: Expand the accessibility and coordination of social services to the City of Clearwater special needs population. Community Development and Public Services/Facilities Goal: Enhance the living environment for persons in low to moderate-income areas through public improvements activities, public service programs and the elimination of blight. Economic Development Goal: Support programs that create economic opportunities throughout the City of Clearwater with special emphasis given to areas and persons of low to moderate-income. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City’s housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Five-Year Plan. Cover Memo Funds are used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low to moderate-income households. This year’s Action Plan allocates federal funds to provide housing opportunities to extremely low to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In Fiscal Year 2011-12, the City is estimated to receive federal funds in the amount of $838,241 through the Community Development Block Grant (CDBG) and $500,323 through the HOME Investment Partnership Program HOME). The total Fiscal Year 2011-12 allocation budget is $1,338,564. Funds provided through the HOME Program are limited to housing-related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition, and administration. Additional funding for the Fiscal Year 2011-12 budget will come from estimated program income funds and un-programmed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc). Other funds may include those from the Neighborhood Stabilization Program 3 (NSP3) and leverage from private sector investments. The City partners with several non-profit agencies to implement the goals and objectives the City established in its Five-year Consolidated Plan. To obtain these partners, the City annually publishes a Notice of Funding Availability in the local newspaper and on its website in February. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The applications were due in April. The City received 23 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members of the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD’s baseline requirements. The NAHAB approved the Fiscal Year 2011-16 Consolidated Plan and the recommended allocations contained in the Fiscal Year 2011-12 Consolidated Action Plan on June 14, 2011. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization. While the City received requests for Public Services funding in the amount of $489,713, the City was only able to allocate $141,351 to nine (9) organizations. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their request, the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency’s request is $30,000. This method allows a majority of the Public Services applicants to receive funding. The Consolidated Five-Year Plan and Annual Action Plan are due to HUD on August 15, 2011. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2011. Staff monitors these organizations for compliance on a yearly basis. 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Attachment number 3 Page 152 of 176 N SATURN AVE S BELCHER RDN BELCHER RD CR 90 Attachment number 3 Page 153 of 176 N EIGHBORHOOD RS EVITALIZATION TRATEGY Attachment number 3 Page 154 of 176 Attachment number 3 Page 155 of 176 CC,F ITY OF LEARWATER LORIDA NRS EIGHBORHOOD EVITALIZATION TRATEGY The City of Clearwater’s Community Development Block Grant progris requesting a Neighborhood Revitalization Strategy Area (NRSA) for Lake Bellev located in the southern east area of Clearwater and North Greenwood, located in the northern east area of Clearwater. The NRSA is a program established to encourage and stress a coornated marshalling of the City's resources provided by the U. S. Department of Housing and Urban Development (Community Development Block Grant Program) to create communities of opportunity by stimulating the reinvestment of human and economic capital by empowering low-income residents in low/moderate low income eligible areas. Through this effort, communities may define a NRSA that meets the threshold for low to moderate income residents. Within this area, the City of Clearwater is then afforded greater flexibility for Community Development Block Grant Program (CDBG) funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows any job creation or retention efforts relief by not requiring businesses to track the income o people hired or retained. Economic development activities carried out in the approved neighborhood revitalization area are also exempt from the aggregate public benefits standards. Benefits of a NRSA is described in amendments to the CDBG regulations at 24 CFR 570 which were published in the Federal Register on January 05, 1995 and then updated in the final rule changes published November 09, 1995 Federal Register. They are as follows: 1. Job Creation/Retention as Low/Moderate Income Area Benefit: Job creation/retention activities pursuant to the strategy may be qualified as meeting area benefit requirements, thus eliminating the need for a business to track the incomes of persons that take, or are considered for such jobs (24 CFR 570.208(a)(1)i) and (d)(5)(i)); 2. Aggregation of Housing Units: Housing units assisted pursuant to the strategy may be considered to be part of a single structure for purposes of applying the low/moderate- income national objective criteria, thus providing greater flexibility to carry out housing programs that revitalize a neighborhood (24 CFR 570.208(a)(3) and (d)(5)(ii)); 3. Aggregate Public Benefit Standard Exemption: Economic Develont activities carried out under the strategy may, at the grantee’s option, be exempt from the aggregate public benefit standards, thus increasing a grantee’s flexibility for program design as well as reducing its record-keeping requirements (24 CFR 570.209(b)(2)(v(M)); and 4. Public Service Cap Exemption: Public Services carried out pursuant to the strategy by a Community-Based Development Organization will be exempt from the public service cap (24 CFR 570.204(b)(2)(ii)). Moreover, the relief for public service activities can be viewed terms of the regulatory requirement that no more than 15 percent of the total CDBG allocation can be used for public services activities. Under this strategy, all public services ofwithin the subject neighborhood and carried out as part of qualified projects by a Community Based Development Organization (CBDO) are exempt from the public service cap of fieen percent. Therefore, the City of Clearwater will be able to offer a more aggressive level of service to stimulate community revitalization. It will also allow the City of Clearwater to address some of 1 Attachment number 3 Page 156 of 176 the urgent needs of the disadvantaged communities by offering job training and other related economic development assistance. In terms of housing, the revitaization strategy will allow the City to track scattered site housing units as a single strategy.his will permit the City of Clearwater to provide housing opportunities to not only low to moderate-income families, but to other families who earn between 80 to 120 percent of area median. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood. NRSA Boundaries The City of Clearwater proposes to establish two different strategy areas. One strategy area will encompass Census Tract 261 and 262, hereby known as the North Grenwood Neighborhood Strategy Area and Census Tract 258, hereby known as the Lake Belvue Neighborhood Strategy Area. The North Greenwood Strategy Area is bounded by Bty Lane to the east, Clearwater Harbor to the west, Union Street to the north, and Drew Street to the south. The second strategy area will encompass Census Tract 258, herby known as the Lake Bellevue Neighborhood Revitalization Strategy Area, is bounded by Evergren Drive to the east, South Ft. Harrison Avenue to the west, Lakeview Road to the north and Belleair Road to the south. Please see attached CDBG Eligible Activities Map. Neighborhood & Demographic Criteria North Greenwood Neighborhood Revitalization Strategy Area (NGNRSA) According to the 2000 U.S. Census, the NGNRSA includes census trs 261 and 262. Both census tracts have a combined population of 6,231 people of which 65.5 percent are considered low to moderate income. Census tract 261 has a population of 4,078 people of which 79.24 percent of households are low to moderate income. Census Tract 262 has a total population of 1 2,135 in which 51.82 percent are low to moderate income. Additionally, individuals in the NGNRSA experience a much higher percentage of poverty compared to the City of Clearwater. The 2005-2009 American Community Profile reported that persons living below poverty level during the last 12 months in tract 261 and 262, which compromises of the NGNRSA, were 17.7 percent and 50.7 percent, rspectively. The total land area for the NGNRSA is approximately 1.3 square miles. The population in the area is relatively young with the median age being 35.9. There are approximately 1,386 families in the area with 741, or 53.5 percent, of the families living as married couples and 541, or 39 percent, of the families living as single female householder, with no husband present. The area is also primarily residential in nature. There are a total of 2,911 housing units in this area. Out of the 2,911 housing units, 13.3 percent are vacant. According to the 2000 U.S. Census, the median home owner occupied value in this area is lower than the rest of the City. The median value of homes in tract 261 and 262 is $73,600 and $65,400, respectively. The median value of owner-occupied homes in the City of Clearwater is $100,500 1 According to the Bureau of Labor Statistics, the CPI Inflation Calculator was used to determine base off Income in 1999 from the 2000 U.S. Census. Inflation was added accordingly (Date accessed June, 2011). 2 Attachment number 3 Page 157 of 176 According to the 2000 Census, the median contract rent for tract261 is $465 per month and $343 for tract 262. The average rent in tract 261 is $337 per month and $246 for tract 262. The median gross rent for the City of Clearwater is $637. The median household income is also lower than the rest of the City. According to the 2000 U.S. Census, the median household income for the City of Clearwater is $48,159. The median household income for tract 261 is $36,780 and $26,189 for tract 262. Lake Bellevue Neighborhood Revitalization Strategy Area (LBNRSA) The LBNRSA includes census tracts 258. The LBNRSA has a population of 3,609 persons of which 69.7 percent are considered of low to moderate income. Additionally, the 2005-2009 American Community Survey reported that persons living below the poverty level during the past 12 months were 29.9 percent. The total land area for the LBNRSA is approximately .7 square miles. The population in the area is relatively young with the median age being 34.3 There are approximately 865 families in the area with 502, or 58.0 percent of the families living as married couples, while 279, or 32 percent, of the families living as single female householder, with no husband present. The area is also primarily residential in nature. There are a total of 1,537 housing units in this area. Out of the 1,537 housing units, 8.5 percent are vacant. According to the 2000 U.S. Census, the median home owner occupied value in this area is lower than the rest of the City. The median value of homes in Lake Bellevue is $68,700. The median value of owner-occupied homes in the City of Clearwater is $100,500 According to the 2000 Census, the median contract rent for tract258, Lake Bellevue is $431 per month for and $343. The median gross rent for the City of Clearwater is $637. The median household income is also lower than the rest of the City. According to the 2000 U.S. Census, the median household income for the City of Clearwater is $48,159. The median household income for Lake Bellevue is $34,375. Community Consultation The community consultation process involves soliciting input on the revitalization strategy from the residents of the area, owner/operators of businesses, local financial institutions, non-profit organizations, and community groups. The process used by the Citof Clearwater in this section included holding two public information-gathering meetings in the communities with key stakeholders, providing a 30-day comment period, holding a meeting with the Neighborhood and Affordable Housing Advisory Board (NAHAB) and the City Commiith the results. The first public meeting was held on March 22, 2011 for the NGNRSA and on March 23, 2011 for the LBNRSA. The NHAB is scheduled for June 14, 2011. The City Commission will meet to discuss the NRSA, along with the 2011-2016 Consolidated Five-Year Plan and the 2011-2012 Annual Action Plan on July 21, 2011. 3 Attachment number 3 Page 158 of 176 Assessment Level of Employment According to the 2000 Census, there were 108,787 persons living in the City of Clearwater. Of that, 89,618 were 16 years or older. The Census reported that of this population, 60.2 percent, or 53,973 was in the labor force. Of the total labor force, 57.6 percent, or 51,633, persons were employed and only 2.5 percent (2,211) were unemployed. Although the City of Clearwater illustrates a vibrant City with employment opportunities, some neighborhoods within the city do not show this type of success. in the NRSAs, the employment outlook is not as bright as the City. Some reasons for the disparities vary from education attainment to economic disadvantage. The 2000 census reported that a total of 4,823 persons 16 years or older lived in the NGNRSA. Of this total, only 64.2 percent, or 3,088 of these persons were listed in the civilian labor force. The unemployment rate for this area, which includes the 261 and 262 census tracts, is an aggregate of 8.6 percent. The unemployment rate in tract 261 is 5.04 percent while the unemployment rate for tract 262 is 17.2 percent. Based off the Bureau of Labor Statistics, the unemployment rate for the State of Florida has increased by 177 percent from January, 2001 to April, 2011. Base off these estimates, it is estimated that the current unemployment rate for tract 261 and tract 262 has increased to 23.8 percent. Based off the 2000 Census, the unemployment rate for tract 258, the LBNRSA, was 4.2 percent. This rate is viewed by the total of 1,791 persons in the civilian labor force aged 16 years or older in the workforce with 76 persons being employed. ain, based off the Bureau of Labor Statistics, it is estimated that the current 2011 unemployment rate for tract 258 is currently at 11.6 percent. Pervasive Poverty Within the combined NRSA, the majority of residents are low-to-moderate income and many live below the poverty line. There are many factors that contribute to persons living in or below poverty. Some of these factors include, educational attainment, households receiving public assistance/supplemental security income and childhood poverty ra Educational Attainment According to the 2000 U.S. Census, persons 25 years and older wih no diploma in the NGNRSA is at 21.4 percent. This is almost double the rate of persons without a high school diploma in the North Greenwood area compared to the City of Clearwater, as a whole. Additionally, the LBNRSA has a comparable rate of persons over t age of 25 without a high school diploma. According to the 2000 U.S Census, 19.3 percent of persons 25 years and older are without a high school diploma. Households Receiving Public Assistance According to the 2000 U.S. Census, households receiving public assistance in the NGNRSA area is 4.2 percent in tract 261 and 10.1 percent in tract 262. This rate is especially high considering that the overall rate of households receiving public assistance in the City of Clearwater is 2.9 percent. 4 Attachment number 3 Page 159 of 176 Additionally, households who receive supplemental security income in the NGNRSA for tract 261 is 3.2 percent, with a mean of $7,316 per year and 14.6 percent for tract 262, with a mean of $5,086 per year. Households in the LBNRSA who receive public assistance is 4.8 percent. Additionally, households who receive supplemental security income is 5.5 perce with a mean of $6,386 per year. Childhood Poverty Rate There is a strong association with childhood poverty rate, educational attainment and persons who receive public assistance and/or supplemental security incom According to the 2000 U.S. Census, individuals with related children under 18 years of age who live below the poverty rate in Clearwater is 18.8 percent. However, the NGNRSA is at a much higher rate. According to the 2000 U.S. Census, individuals with related children under 18 years of age who are below poverty level is 40.5 percent and 21.8 percent, respectively. The North Greenwood community is at a much higher risk of becoming homeless than the rest of the City of Clearwater. In addition, the LBNRSA with individuals with related children under the age of 18 is at 21.1 percent. Neighborhood Business & Employment Data Data on the number of businesses located in the area and the number of people employed was not available. Access to Capital for Area Businesses Potential business owners who seek capital from the private sector have found it difficult to secure resources. Private sector loans are normally larger than t of the funds needed by area small businesses and have underwriting criteria that mosnew or expanded businesses could not meet. Public Participation A survey completed by the City of Clearwater residents of the Noh Greenwood Revitalization Strategy Area in 2011, reported that the unmet demand for specific types of facility improvements and services: North Greenwood Revitalization Strategy Area 2011 Senior Facilities and Services Affordable assisted living Lack of existing senior service facilities Lack of affordability 5 Attachment number 3 Page 160 of 176 Employment Training Accessibility to education, within the community On-the-job training in sectors that lead to employment Youth Services Mentoring/tutoring Services After-school programs Summer programs Education and drop-out prevention Resource Fair Information about available resources and services Referral agencies, such as “211 Tampa Bay Cares” Resources through churches, local organizations, non-profits Homeless Services Case management Transportation Food/clothes Funding for Operation and Maintenance Homeless prevention Emergency shelter Mental Health Resources for the mentally disabled Housing Affordable home ownership and rentals Housing counseling and education Energy Efficiency with Housing Rehabilitation Associated costs of homeownership such as flood insurance and hcane insurance Transportation Public transportation to community facilities and services Jolly Trolley through the Clearwater area Neighborhood Central Resource Center Information clearinghouse MLK Center Lake Bellevue Neighborhood Revitalization Strategy Area 2011 Seniors Facilities and Services Lack of services for the disabled, frail elderly, and Homeless and low-income senior citizens Youth Services Educational training, on-the-job training 6 Attachment number 3 Page 161 of 176 Drug use/Substance abuse prevention Mentoring Facilities in Parks and Trails Lack of playgrounds Would like to implement a “Healthy City” infrastructure Picnic Tables, restrooms, drinking fountains Veteran Services Lack of Veteran Services Financial Literacy Skill-set training at schools Programs at Community Centers Lack of facilities to hold classes Employment/Job Training for Self-Sufficiency Job training with an emphasis on; Homeless Minorities Youth Impediments to Neighborhood Revitalization Strategy Areas One of the primary impediments that disadvantaged communities encounter is the lack of investment or reinvestment from the private sector. The public shas traditionally been the catalyst for funding in the redevelopment process. Additionally, community opposition to certain types of development may be a challenge to the NRSAs. The NRSAs are primarily residential in nature. They are presently low-income communities with housing stock primarily consisting of single family homes. Based off public workshops and stakeholder meetings that have been held, residents of the NGNRSA and the LBNRSA have asserted what they feel the community unmet needs are. Any effors that would limit efforts to overcome unmet needs would be strongly opposed by the communities. Most local community groups and organizations have been established for over ten years and are well established in the community. These community groups include, but are not limited to, Clearwater Neighborhood Housing Services, Inc. and Homeless Emercy Project. Additional organizations include the Willa Carson Health Resource Center, North Greenwood Family Resource Center, and various other neighborhood groups. These groups are experienced in their particular area of service; however, technical assistance d enhance the efforts of these groups and organizations. The NGNRSA and the LBNRSA have actively participated in crime reduction tactics for years. They have organized crime watch programs that actively monitor areports suspicious activities to the police department. 7 Attachment number 3 Page 162 of 176 Future efforts to eliminate crime in the strategy areas include working with the City’s Police Department to continue community policing efforts, developing a community enforcement program, establishing crime watch programs throughout the neighbrhoods and using code enforcement to reduce criminal activities. Existing code enforcement efforts have benefited the communities These efforts are not systematic in the neighborhood revitalization areas but based upon code enforcement efforts practiced throughout the city as a whole. Economic Empowerment In order to accomplish successful objectives and to improve infrastructure and public services, there is a need to establish and implement strategies that will provide economic empowerment. The following goals and strategies will be pursued through inter-departmental efforts to ensure that the public realm and infrastructure reflect a commitment to revitalization in the NRSA. Objective 1: The first objective is to identify and remove impediments that prevent barriers to investment or re-investment into the communities. Allow for creative reuse of buildings and land Increase small business startups and decrease failure rate of s business Promote job skill training to the youth, minorities and promote women-owned businesses and workforce development training for the NRSA resids Lack of investment into the communities may be attributed to high number of substandard structures, low per capital income of the residents, the percepton of crime, and declining tax base. In order to reduce the number of substandard structures, he City of Clearwater will continue to provide loans to eligible low-to-moderate homeowners to repair their structure. For homes that are not structurally sound or safe, the City will mak available funds to demolish their existing structure and rebuild a new home. Objective 2: The second objective is to identify and improve the safety and condition of parks and other facilities throughout the NRSA. Increase and improve infrastructure within the designated parksnd trails throughout the communities Objective 3: The third objective is to expand the accessibility and coordination of social services to City of Clearwater special needs population, youth and senior citizens. Objective 4: Enhance the living environment for person in the NRSAs Improving public service activities and programs that eliminateight and urban decay. Objective 5: Help prevent and reduce homelessness within the NRSAs Assist agencies that engage in homeless prevention and provide services 8 Attachment number 3 Page 163 of 176 Unmet Needs Analysis The following unmet needs have been identified by residents of the NRSAs, key stakeholders, and public hearings and surveys. NGNRSA Unmet Needs Senior Facilities and Services Affordable assisted living Lack of affordability Employment Training Lack of accessibility to education, within the community Youth Services Lack of after-school programs Lack of summer programs Lack of methods to prevent education drop-out Resources Lack of information about available resources and services Lack of Resources through churches, local organizations, non-prs Homeless Services Lack of Funding for Operation and Maintenance Homeless Prevention Lack of Emergency Shelters Mental Health Lack of Resources for the mentally disabled Housing Lack of affordable home ownership and rentals Lack of Energy Efficiency with Housing Rehabilitation Lack of resources associated with costs of homeownership such ad insurance, hurricane insurance Transportation Lack of public transportation to community facilities and servis Jolly Trolley through the Clearwater area Neighborhood Central Resource Center Information clearinghouse MLK Center Veteran Services Lack of resources available to Veterans 9 Attachment number 3 Page 164 of 176 LBNRSA Unmet Needs Senior Facilities and Services Lack of resources for the disabled and the frail elderly Lack of affordable housing units for low-income seniors Youth Services Lack of mentoring and after-school programs for at-risk youth Lack of on-the-job training Resources Lack of information about available resources and services Lack of facilities to hold educational seminars, workshops, etc Lack of employment training for youth, minorities and the homeless Lack of programs at Community Centers Parks and Other Facilities Lack of infrastructure, restrooms, drinking fountains, etc. Lack of playground equipment Lack of a “healthy city” infrastructure Veteran Services Lack of resources available to Veterans Employment Opportunities Lack of networking opportunities Lack of industries to offer employment Impediments to persons with criminal records Preventive Services Lack of preventive services Poverty Prevention Crime Prevention Homeless Prevention Performance Measures NGNRSA To measure the success of the City's redevelopment efforts, the following performance measures have been established. 1. Eliminate the poor conditions of structures in the strategy areas: a. Acquire and/or rehabilitate 10 units in small rental complexes for affordable rental housing in the NGNRSA. b. Construct 10 new affordable “for sale” in-fill units c. Provide credit counseling and homeownership training assistanto 15 perspective homebuyers 2. Support programs that create/retain jobs for persons in the dsignated NRSA a. Create/retain 2 jobs for persons in the NGNRSA. 10 Attachment number 3 Page 165 of 176 3. Support the expansion and improvement of affordable health facilities, youth/children centers, and mental health agencies a. Provide funding to 1 neighborhood group/programs located in the NGNRSA b. Support agencies that offer meal and/or food bank services for persons and families i. Provide meal assistance to 5,000 individuals in the NGNRSA. 4. Expand the accessibility and coordination of social services to City of Clearwater special needs population a. Assist 50 elderly, frail/elderly, disabled and other special needs persons. b. Provide construction and expansion of beds for special needs ndividuals/families i. Assist 10 special needs individuals/families Performance Measures LBNRSA To measure the success of the City's redevelopment efforts, the following performance measures have been established. 1. Eliminate the poor conditions of structures in the strategy areas: a. Acquire and/or rehabilitate 10 units in small rental complexes for affordable rental housing in the LBNRSA. b. Construct 10 new affordable “for sale” in-fill units c. Provide credit counseling and homeownership training assistanto 15 perspective homebuyers 2. Support programs that create/retain jobs for persons in the dsignated NRSA a. Create/retain 2 jobs for persons in the LBNRSA. 3. Support the expansion and improvement of affordable health facilities, youth/children centers, and mental health agencies a. Provide funding to 1 neighborhood group/programs located in the LBNRSA. b. Support agencies that offer meal and/or food bank services for persons and families i. Provide meal assistance to 5,000 individuals in the LBNRSA. 4. Expand the accessibility and coordination of social services to City of Clearwater special needs population a. Assist 50 elderly, frail/elderly, disabled and other special needs persons. b. Provide construction and expansion of beds for special needs ndividuals/families i. Assist 10 special needs individuals/families 11 Attachment number 3 Page 166 of 176 Attachment number 3 Page 167 of 176 P UBLIC C OMMENTS Attachment number 3 Page 168 of 176 Attachment number 3 Page 169 of 176 CCF-YCP ITY OF LEARWATER IVEEAR ONSOLIDATED LAN PM#1:NGRSA UBLIC EETING ORTH REENWOOD EVITALIZATION TRATEGY REA M22,2011 ARCH Summary of Public Comments Senior Facilities & Services Affordable assisted living Existing facilities are not truly affordable Not enough facilities Allow to “Age-in-Place” Employment Training Fields that lead to employment People w/families Trades, etc. other than construction (for out-of-work construct workers) Accessible education (i.e., within community or with available transportation to/from) Youth Services Athletic facilities/programs Afterschool/summer programs Tutoring Resource Fair Information about available services Inform churches, local organizations Referral agency Funding/marketing “211 Tampa Bay Cares” Homeless Services Case management Transportation Food Operations & maintenance Money for moving costs Prevention Emergency Shelter Mental Health Tied to homeless population Blight, joblessness, lack of economic development in North Greenwood Employment, drug addiction/abuse treatment Education/drop-out prevention 1 Attachment number 3 Page 170 of 176 Ex-Offender’s Program Comprehensive, re-entry program Healthcare for the Uninsured Central location for consistent treatment/community outreach Dental (includes adult) Primary Vision Mental health counseling Physical rehabilitation STD treatment Willa Carson Health Resource Center Facility/services expansion Specialty care Hypertension Diabetes High cholesterol Housing Affordable home ownership & rentals Problem of investors purchasing affordable housing, the turning into rental properties Housing counseling/education (need funding for program) Associated costs of homeownership (flood, hurricane insurance, c.) Energy efficiency w/housing rehabilitation Transportation Traffic abatement vs. emergency service Roadway safety/speed Library Services For students (printers, etc.) For adults (annex or facilities for continuing education classes) Public Transportation to Community Facilities & Services e.g. PSTA busses vs. school busses at Fundamental school Jolly Trolley (through Clearwater) Neighborhood Central Resource Center e.g. MLK Center Information clearinghouse 2 Attachment number 3 Page 171 of 176 CCF-YCP ITY OF LEARWATER IVEEAR ONSOLIDATED LAN PM#2:LBRSA UBLIC EETING AKE ELLEVUE EVITALIZATION TRATEGY REA M23,2011 ARCH Summary of Public Comments Better Coordination Between City and Service Providers Empowerment City/School Board Community Groups Programs That Make Meaningful Changes Network of services Options/alternatives to passivity Availability of knowledge of resources e.g. MLK Center in N. Greenwood “Front-End” Services Preventative services (i.e., prevent poverty, prevent crime, etc.) Employment/Job Training for Self-Sufficiency Homeless Minority Youth Financial Literacy Skills training at schools, etc. (Junior Achievement) Need places to hold classes Programs at community centers Accountability e.g. Habitat for Humanity, etc. in neighborhoods – nuisance versus benefit occupants Parameters for down-payment assistance, etc. Needs of Those w/Barriers to Employment Opportunities Criminal record, etc. Facilities in Parks/Trails e.g. Picnic tables, restrooms, drinking fountains, etc. “Healthy City” infrastructure Playground and other activities that “used to be here” Veterans Services WorkNet vs. “Real” Opportunities i.e., not just networking opportunities, but employment opportunities (strategic employer) 1 Attachment number 3 Page 172 of 176 Youth/Seniors Local opportunities to work/age in place Youth Services Education/job training Drop-out/drug-abuse prevention Mentoring Senior Citizens Disabled Frail Elderly Homeless/low-income seniors Relationship between youth elderly services effectiveand Legal aid 2 Attachment number 3 Page 173 of 176 F& ORMS C ERTIFICATIONS Attachment number 3 Page 174 of 176 Attachment number 3 Page 175 of 176 Attachment number 3 Page 176 of 176 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8261-11 on second reading, annexing certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 6 Attachment number 1 Page 1 of 2 Item # 6 Attachment number 1 Page 2 of 2 Item # 6 Attachment number 2 Page 1 of 1 Item # 6 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8262-11 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 7 Attachment number 1 Page 1 of 1 Item # 7 Attachment number 2 Page 1 of 2 Item # 7 Attachment number 2 Page 2 of 2 Item # 7 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8263-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). SUMMARY: Review Approval: Cover Memo Item # 8 Attachment number 1 Page 1 of 1 Item # 8 Attachment number 2 Page 1 of 2 Item # 8 Attachment number 2 Page 2 of 2 Item # 8 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8265-11 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2011, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marina Fund, Airpark Fund, Clearwater Harbor Marina Fund, Parking Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 Page 1 of 1 Item # 9 Attachment number 2 Page 1 of 2 Item # 9 Attachment number 2 Page 2 of 2 Item # 9 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8267-11 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2011, to reflect a net decrease of $429,533. SUMMARY: Review Approval: Cover Memo Item # 10 Attachment number 1 Page 1 of 1 Item # 10 Attachment number 2 Page 1 of 2 Item # 10 Attachment number 2 Page 2 of 2 Item # 10 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve $60,000 offer of settlement of the liability claim of Thomas Quayle, Jr. and authorize the appropriate officials to execute same. (consent) SUMMARY: A City police cruiser hit the claimant’s vehicle in the rear as it was stopped in traffic. The claimant’s vehicle was pushed into the vehicle ahead. The claimant’s vehicle was a total loss. The claimant complained of neck pain, headaches and low back and left leg pain. An MRI showed disc herniation at L5-S1 with impingement of the nerve root. The claimant received physical therapy and chiropractic treatment with poor results. The claimant underwent a microdiscectomy at L5-S1 and continues to complain of back and leg pain. The claimant incurred $69,459.27 in medical damages. The claimant has recovered a settlement from his uninsured motorist (UM) carrier. Assuming that the UM carrier also agrees to this settlement, the City will have no further liability. If they do not agree, the City will not settle with the claimant. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. 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: Current Year Cost:Annual Operating Cost: $60,000$60,000 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 590-07000-545900-519-000 $60,000 Review Approval: Cover Memo Item # 11 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve $50,000 settlement of the liability claim of Wilbur Taylor and authorize the appropriate officials to execute same. (consent) SUMMARY: A City Fire Truck had turned right into an entrance from Gulf to Bay Boulevard. The truck could not complete the turn because of an obstruction. The truck backed up into the path of the claimant vehicle. The claimant struck the city truck and suffered injuries. The claimant suffered low back strain, a small T2-3 and T3-4 herniated disk and a herniated disk at C5-6 and C6-7, which impinged upon his spinal cord. An examining doctor recommends a cervical discectomy and fusion surgery with a projected expense of $50,000-60,000. The claimant has incurred medical damages of $14,382.75 and lost wages of $6,760 or a total of $21,142 not including the recommended surgery. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. 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: Current Year Cost:Annual Operating Cost: $50,000$50,000 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 590-07000-545900-519-000 $50,000 Review Approval: Cover Memo Item # 12 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve $40,000 settlement of the liability claim of Gerard Gregory and authorize the appropriate officials to execute same. (consent) SUMMARY: A City Gas Department LP truck struck the claimant’s vehicle in the rear when the claimant stopped for traffic. The claimant’s vehicle suffered $3,503.68 in property damages. The claimant complained of neck, shoulder and back pain along with headaches. A lumbar MRI showed disc bulging at L4-5 and L5-S1. The claimant underwent physiotherapies and chiropractic treatment. His treating doctor opined that he suffered a 6% body permanent impairment. The claimant medical damages total $15,936 with future palliative treatment costing $1,000-$2,000 annually. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. 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: Current Year Cost:Annual Operating Cost: $40,000$40,000 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 590-07000-545900-519-000 $40,000 Review Approval: Cover Memo Item # 13 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and the International Association of Firefighters Local 1158 for Fiscal Years 2008/09 and 2009/10, approve the collective bargaining agreement as negotiated between the City of Clearwater and the International Association of Firefighters Local 1158 for Fiscal Years 2010/11, 2011/12, and 2012/13 and authorize the appropriate officials to execute same. (consent) SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and the International Association of Firefighters Local 1158 bargaining unit expired on September 30, 2008. On June 27, 2011, the parties reached two separate tentative agreements that were subsequently submitted by the Union to its bargaining unit members who ratified the agreements by a vote of 137 to 39 on July 13, 2011. The first agreement provides for a two-year contract with no changes from the prior agreement in order to resolve the Fiscal Year 2008/09 and Fiscal Year 2009/10 contract years. There are no additional costs associated with this agreement. The second agreement is for a three-year contract covering Fiscal Year 2010/11, Fiscal Year 2011/12, and Fiscal Year 2012/13. The agreement provides for a suspension of the existing merit step plan and a 2.5% across-the-board general wage increase in each of the first two years of the contract, with a resumption of a modified merit step plan that provides for a merit step advancement each year during the first 12 years of City service and with no general wage increase in the third year of the contract. The agreement stipulates that any merit step advancement after September 30, 2013 will be dependent upon and subject to negotiations for a successor agreement. The agreement also provides that the parties agree to collectively bargain separately proposed changes in the City’s Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members; that employees who have their EMT or Paramedic certification permanently revoked must seek an alternative position or shall be subject to layoff; that the annual Personal Resource Allowance granted to employees to cover the cost of purchasing and laundering uniforms and attending to the required annual physical while off duty be reduced from $1,000 to $440 per member; and that certain provisions for the payment of overtime be limited to the requirements of the Fair Labor Standards Act. The cost for wages associated with the three-year agreement is anticipated to be approximately $295,000 for Fiscal Year 2010/2011, $330,000 for Fiscal Year 2011/2012, and $325,000 for Fiscal Year 2012/2013. The difference in the first year between the cost of the agreed upon 2.5% general wage increase and the amount that was included in the approved Clearwater Fire and Rescue Department budget to provide for Fiscal Year 2010/2011 IAFF merit step increases is approximately $169,000, and it is expected that CFR will be able to cover this cost increase through salary savings realized from positions that are being attrited out and administrative positions left unfilled. The cost of the agreed upon 2.5% general wage increase for Fiscal Year 2011/2012 is anticipated to be offset by cost reductions achieved through the reduction of the Personal Resource Allowance and a reduction in overtime costs realized through the modifications in the manner which overtime is to be paid. The cost of the agreed upon resumption of merit step advancement in Fiscal Year 2012/2013 will be included as part of the budget preparation for that year. Review Approval: Cover Memo Item # 14 Attachment number 1 Page 1 of 58 Item # 14 Attachment number 1 Page 2 of 58 Item # 14 Attachment number 1 Page 3 of 58 Item # 14 Attachment number 1 Page 4 of 58 Item # 14 Attachment number 1 Page 5 of 58 Item # 14 Attachment number 1 Page 6 of 58 PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Exclusive Bargaining Agent The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Commission and issued Certification number 122 in Case No. 8H-RA-756-1129 dated September 3, 1975. All persons in the classifications designated Firefighter, Firefighter/Driver- Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention Inspector shall be included in the bargaining unit. All others shall be excluded. Section 2. New Classifications Should the City and the Union agree to establish new job classifications within the Fire Department which may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior to staffing such classification. The parties shall submit a Union Clarification Petition to the Public Employees Relations Commission and shall negotiate appropriate wage rates, hours, and terms and conditions of employment for such classification. Section 3. Contract Constitutes Entire Agreement of the Parties This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargaining for and during its term, except as may be otherwise specifically provided herein. However, the parties agree that the City Employees Pension Plan may be separately negotiated at any time upon mutual agreement of both parties. ARTICLE 2 REPRESENTATIVES OF PARTIES The City agrees that during the term of this Agreement it will deal only with the Section 1. authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this agreement, and any change in elected Officers or appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change. Item # 14 Attachment number 1 Page 7 of 58 The Union likewise agrees that during the term of this Agreement the Union and Section 2. the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. ARTICLE 3 RIGHTS OF PARTIES Section 1.Management Rights Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2.Emergency Conditions If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. Section 3.Union Rights A. Stewards: There shall be one (1) Union Official or designee for all bargaining unit members on each shift in addition to the Union Official for Fire District Chiefs. An employee working in the classification of Fire Inspector shall be represented by the “on-duty” or other union official. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief or his/her specifically designated representative, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. Item # 14 Attachment number 1 Page 8 of 58 All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. B. Checkoff: The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deduction, the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Section. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. C. Posting of Agreement: The City and the Union agree that this Agreement shall be posted by the City in a conspicuous place at each Fire Station. Further, the City agrees that it will print the required amount of copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargaining unit member within 30 days of their becoming a bargaining unit member or allow the City to retain copies to provide at new employee orientation. The City and the Union shall each bear one-half of the cost of production of the copies of the Agreement, the number of which shall be mutually agreed upon prior to printing. The City and the Union shall agree on the format. D. Bulletin Boards:The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station for posting by the Union of notices of meetings or other official Union information; provided, the Assistant Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this Section, such posting shall be modified to the mutual agreement of the parties. The District Chief will continue to include the Union notices in the intra-departmental mail which he/she delivers to the stations. Item # 14 Attachment number 1 Page 9 of 58 Section 4. No Discrimination The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, sex, national origin, membership or non-membership in labor organization, or age, as provided by law. Any claim of discrimination under Federal or State civil rights laws by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 4 NO STRIKE The Union agrees that during the term of this Agreement, it shall not authorize, Section 1. instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. The parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509. Should the Union or employees covered by this Agreement within the City's Fire Section 2. Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Should any member of the bargaining unit be found guilty of striking as defined in Section 3. Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union agree to maintain a single cooperative Labor/Management committee for both IAFF Local 1158 bargaining units. The committee shall consist of an equal number of members of each party not to exceed a total of eight (8) members. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation. Item # 14 Attachment number 1 Page 10 of 58 ARTICLE 6 GRIEVANCE PROCEDURE A grievance shall be defined as any difference, dispute or complaint regarding the Section 1. interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. All grievances filed shall be submitted on the appropriate form (City form #9900- Section 2. 0061, IAFF Grievance Form), and shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the facts alleged to support the grievance, and shall be signed by the grievant or representative. A Grievant may be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling, or access to training opportunities during the probationary period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline that must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs to sign the grievance. For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted. STEP 1 The grievant shall present his/her grievance in writing to his/her Assistant Chief or Fire Marshal within 10 work days after the grievant has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Assistant Chief or Fire Marshal shall arrange for a meeting with the grievant within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The Assistant Chief or Fire Marshal shall review the grievance and submit a decision in writing to the grievant within 10 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may be appealed to Step 2. Item # 14 Attachment number 1 Page 11 of 58 STEP 2 If the grievance is not settled at the first step, the grievant shall, within 10 work days of the date of written notification from the Assistant Chief or Fire Marshal, present the written grievance to the Fire Chief or his/her designee. The Fire Chief or his/her designee shall obtain the facts concerning the alleged grievance and shall, within 10 work days following receipt of the written grievance, meet with the grievant. The Fire Chief or his/her designee shall review the grievance and notify the grievant of his/her decision in writing not later than 10 work days following the meeting day. If the grievance is not resolved at Step 2, the grievance may be appealed to Step 3. STEP 3 If still unresolved, the grievance may be submitted to the City Manager or his/her designee within 10 work days of the date of written notification from the Fire Chief or his/her designee. At the request of the grievant, the City Manager or his/her designee shall meet with the grievant. The grievant must make this request to meet with the City Manager at the time of submission of the grievance to the City Manager or designee. If so requested, the City Manager or designee shall arrange a meeting with the grievant within 10 work days of the request. The City may determine who shall meet with the employee. Within 10 work days of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If no meeting is requested by the grievant at the time of submission of the grievance to the City Manager or designee, the City Manager or designee shall notify the employee of his/her decision in writing within 10 work days of receipt of the grievance. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2 to the grievant’s satisfaction. The City shall notify the Union in writing of any change in the City Manager’s designee for the receipt or hearing of grievances. In the event that the grievance is still unresolved, the matter may be submitted to Section 3. final and binding arbitration as provided in this section. A.Within 10 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven names of qualified arbitrators. After the receipt of such a list, representatives of the parties shall meet and each party shall strike three names. A flip of the coin shall determine who shall strike the first name, and then the other party shall strike a name. The process shall then be repeated until one name remains and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may seek review as provided by law. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of this Agreement. B.Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within 30 calendar days from the close of the hearing or as otherwise agreed to by both parties. Item # 14 Attachment number 1 Page 12 of 58 Formal Processing of Grievance Initiated By The City Section 4. Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within 10 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. All of the time limits contained in this Article may be extended by mutual written Section 5. consent of the parties. If an employee chooses to process his/her own grievance, the Union must be Section 6. invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4) ARTICLE 7 PERSONNEL PRACTICES Section 1. Work Schedule A.Hours and Days of Work: Shifts shall start at 8:00 A.M. each work day and end at 8:00 A.M. the following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below): Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. B.Inspection Division: Fire Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and 7:30 A.M. to 4:00 P.M., Monday through Friday, with a 30-minute lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift which, in his/her judgment, provides for most effective departmental operations. C.Employees will be awarded a Kelly Day for every 18 days worked. This means they will be scheduled to work 18 consecutive shift days and will be scheduled off the 19 th scheduled shift day. This will result in a 53.0526 hour work week. Item # 14 Attachment number 1 Page 13 of 58 New and existing employees may be reassigned for Light Duty, training, out-of- Section 2. area deployments, or voluntary special project opportunities. Employees shall continue to be paid their standard biweekly pay during such assignments. All hours actually worked during such assignments shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D. Department policy may require the scheduling of overtime. The department shall Section 3. attempt to equalize overtime to the extent practicable. The selection of certified and/or trained individuals may be required and shall be allowed. The current practices regarding overtime compensation shall be paid as defined in this Agreement. The duties detailed below shall be performed at the Fire District Chief or Fire Assistant Chief level except as otherwise assigned by the Fire Chief or his/her designee. A.Overtime Lists 1.Relief (employees assigned to the same job classification who are coming off of a shift) and Back- up (employees assigned to the same job classification who are on four days off) lists shall be maintained for the assigning of overtime. The overtime lists shall be maintained as an electronic document to be accessible through the department’s computer share directory. 2.The lists shall be updated daily by an assigned Fire District Chief or Fire Assistant Chief. 3.The lists shall consist of those employees who elect to work overtime. At the start of each shift, employees shall notify the Fire District Chief or Fire Assistant Chief if they desire to be eligible for overtime on subsequent shifts. 4.Names will be arranged on the overtime list by classification in ascending order of overtime credits. B.Overtime Credits 1.Employees shall be assigned credits hour for hour based on the overtime hours worked. 2.Employees who refuse an overtime assignment when contacted between 7:30 and 8:00 a.m. after agreeing to be available for a shift shall be assigned credits equaling the number of hours of the shift refused. No credits will be added for refusal after 8:00 a.m. 3.No credits shall be added for the refusal of shifts less than 12 hours, nor shall credits be added for working a shift of less than 8 hours. 4.Inability to contact an employee who has agreed to be available shall not be cause for adding credits. 5.Credits shall be deducted when an overtime shift for which an employee is scheduled is canceled. 6.New employees shall be placed on the list after six months of service with the number of credits, as calculated by the Fire District Chief or Fire Assistant Chief, equal to the average accumulated by all employees in the same classification on the list at that time. 7.Overtime credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial overtime assignments each year shall be made on the basis of Department seniority among employees in the same classification on the list. Item # 14 Attachment number 1 Page 14 of 58 C.Selection Procedures Every effort shall be made by the Department to complete the necessary assessments to implement the process below within six months of the effective date of this Agreement. Bargaining unit personnel shall be required to cooperate and assist with the administration and completion of the assessment process as directed by the Department and shall be accountable for the doing so in accordance with Department guidelines. 1.The Fire District Chief or Fire Assistant Chief shall be responsible at the beginning of each shift for the assignment of on-duty personnel to provide adequate coverage within the Department’s minimum staffing requirements. Employees who are on current eligibility lists or who are placed on established “Acting” eligibility lists upon meeting the minimum qualifications and having been deemed qualified by the Department for the necessary classification shall be transferred, assigned laterally, or utilized in an Acting capacity prior to the scheduling of overtime. Employees shall be chosen who will result in the least amount of disruption to operations, first from those employees who are on the respective eligibility list and who have been determined qualified by the Department, then from those employees on the “Acting” eligibility list who have been determined qualified by the Department. When the number of on-duty personnel is sufficient to provide coverage to meet the Department’s minimum staffing requirements, no assignment of an individual to an Acting capacity shall occur if it will result in the necessity of overtime. Should the number of on-duty personnel be below the established minimum staffing threshold, the Fire District Chief or Fire Assistant Chief shall be responsible for the scheduling of overtime by contacting the appropriate employee position for position by classification who has the lowest number of credits on the list. 2.The Fire District Chief or Fire Assistant Chief shall attempt to fill the overtime position by utilizing the “Relief” list and then by the “Back-up” list. 3.Should no employee in the necessary classification be available from either the Relief or Back-up list, then the Fire District Chief or Fire Assistant Chief shall attempt to fill the position by utilizing an employee on his/her own shift who is on the eligibility list for the classification. If the Fire District Chief or Fire Assistant Chief is successful, he/she shall then attempt to fill the newly created opening by proceeding from step 1 above. 4.If the Fire District Chief or Fire Assistant Chief is unsuccessful in step 3, he/she shall attempt to fill the position by utilizing an employee from the overtime lists who has the lowest number of credits and is on the eligibility list and who has been determined qualified by the Department for the necessary classification. 5.If the Fire District Chief or Fire Assistant Chief is unsuccessful in step 4, he/she shall attempt to fill the position by utilizing an employee who meets the minimum eligibility requirements and who has been determined qualified by the Department for the necessary classification first from his/her own shift and then from the overtime lists. 6.Failing all of the above, the Fire District Chief shall contact the applicable Fire Assistant Chief to determine whether the affected unit may be taken out of service. Item # 14 Attachment number 1 Page 15 of 58 Employees within the Department may exchange on-duty time upon the following Section 4. conditions: A.That the person filling in be acceptable to the company officer and shift commander prior to the change. B.That the persons desiring the exchange notify the company officer of the anticipated change not less than 24 hours prior to the start of the anticipated change unless such exchange arises under emergency situations. C.That no person may be allowed to exchange more than 120 hours per fiscal year unless the Fire Assistant Chief or Fire Deputy Chief/Operations in his/her discretion allows persons to exceed such limitation. D.That the member working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. E.If the person agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her appropriate leave account or pay will be charged. F.The person agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G.Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H.Time exchange is subject to a one hour minimum and at one hour increments. Any premium of acting pay shall be in accordance with Departmental policy. Section 5. Call-in/Holdover/Court Time A.When an employee is called in at least 30 minutes prior to the start of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, he/she will be paid a minimum of four hours at the overtime rate of pay. The City may require the employee to remain on duty for the duration of the four hour period or for as long as he/she is needed, at the option of the City. B.When an employee is held over past the end of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, the time held over shall be counted as time worked. The employee shall be guaranteed pay at the overtime rate for actual time worked with no minimum guarantee. The City may require the employee to remain on duty as long as the employee is needed, at the option of the City. Item # 14 Attachment number 1 Page 16 of 58 C. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his/her employment, shall receive a minimum of two hours pay if such attendance is during the employee's off-duty hours. This time will be counted as hours worked toward the calculation of overtime. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. D. Employees who participate in meetings or on committees at the request of the City shall have all such time counted as hours worked and shall be paid at their regular rate of pay. The holdover and call-in provisions as outlined in this Section shall not apply to time spent participating in meetings or on City committees. Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. All bargaining unit members on the regularly scheduled shift in the Spring that as a result of Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period. The additional hour not actually worked shall count as hours actually worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours in either of the above instances. Exchanges of on-duty time (swaps) on the affected days shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to credit for the additional hour in the Fall. Section 7. State EOC/FEMA Initiated Emergency Deployment It is understood that the Department may deploy personnel to render aid and assistance to other jurisdictions in accordance with State EOC and or FEMA initiatives. No bargaining unit employee will be involuntarily assigned to deploy under this paragraph. Such deployments shall not be subject to the call-in provisions as outlined in Section 5 of this Article. Employees subject to such deployments shall not suffer a loss of any regular pay the employee would otherwise have received if not dispatched as a result of the assignment. However, any pay above and beyond the employee’s regular pay shall be based upon and subject to Section 2 of this Article and the reimbursing agency guidelines. Where such guidelines are available, they shall be provided to the employees at the time of assignment. Employees who are deployed in accordance with the provisions above shall be eligible for any applicable insurance, including Workers Compensation, to the extent provided by the plan terms or applicable law for the duration of such deployment. Item # 14 Attachment number 1 Page 17 of 58 Section 8. Pay Plan Administration A.Promotions: 1. Upon promotion from one classification to a higher level classification, an employee shall be placed into the step number in the higher level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Firefighter would be promoted into Step 6 of the Fire Medic range or a Step 5 Fire Medic would be promoted into Step 5 of the Fire Lieutenant range), for promotions to the classification of Fire District except Chief, whereby employees who are promoted shall be placed at the Fire District Chief pay range minimum or shall receive a 5% promotional increase, whichever results in a greater increase in pay. Any portion of the promotional increase which, when annualized, exceeds the established pay range maximum shall be paid as a one time lump sum bonus payment, and such employee’s base rate of pay shall be adjusted to the pay range maximum. Under no circumstances will the employee’s promotional base rate of pay exceed the established pay range maximum. 2. A higher level classification shall be deemed to be one having a higher maximum rate of pay. A promoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. 3. If an employee was among personnel "grandfathered-in" to E.M.T. pay by the original and subsequent City-IAFF Contracts, such employee shall, upon promotion, be promoted in accordance with paragraph A above and shall thereafter have the E.M.T. pay added as a supplement to the new base pay in the higher class. B. Demotions: 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, shall be placed into the step number in the lower level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Fire Medic would be demoted into Step 6 of the Firefighter range or a Step 5 Fire Lieutenant would be demoted into Step 5 of the Firefighter/Driver-Operator range). An employee may be allowed, with the prior approval of the Fire Chief, to demote only to a lower level classification for which a position vacancy exists and for which the employee meets the minimum eligibility requirements at the time of demotion. A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. A lower level classification shall be deemed to be one having a lower maximum rate of pay. For non-voluntary, non-disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/she was demoted. Item # 14 Attachment number 1 Page 18 of 58 2.An employee who is appointed from layoff from the reemployment list to a position in the department in which he/she previously served shall be paid at the step in the pay range which is equivalent to the step he/she was receiving when he/she was separated and shall be eligible for advancement to the next step when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation. An employee who is appointed from the reemployment list to his/her previous higher level classification after having taken a non-voluntary, non-disciplinary demotion shall be placed into the corresponding step in the higher level classification that is the same as the step number to which he/she is assigned in the current classification and shall maintain his/her annual review date for the purpose of determining eligibility for subsequent annual performance reviews. 3.An employee who is appointed from the reemployment list to a position in another department than that in which he/she was previously employed may be paid at the same step or rate of pay in the pay range as that which he/she was being paid when separated, or any step or rate of pay within the range which is not above the step or rate of pay at which he/she was previously paid. C. Acting Pay 1.Acting pay shall be provided to any employee who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. An employee shall be deemed qualified and shall be required to act in a higher level classification if he/she is on the existing eligibility list, or if he/she is placed on an established “Acting” eligibility list upon being determined, after agreeing to participate in a process to be conducted by the Department, to meet guidelines established by the Department for the higher level classification. The Fire District Chief or Fire Assistant Chief shall fill Acting assignments when the Department is at or above minimum staffing levels by choosing employees who will result in the least amount of disruption to operations and in accordance with Article 7, Section 3, C. 2. Acting Pay shall be 5% above the employee’s current base rate of pay. 3. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned, transferred, demoted or promoted to any position not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. Item # 14 Attachment number 1 Page 19 of 58 Any employee who has elected to be included on the established “Acting” eligibility list may, with 30 days notice, be voluntarily removed from the list. The Department at its discretion may at any time remove an employee from the “Acting” eligibility list. The Department will provide the employee with the reason for removal from the list. Those Paramedic certified employees who are assigned to the non-Paramedic classifications of Firefighter and Firefighter/Driver-Operator, and who elect to voluntarily be removed from the “Acting” eligibility list and no longer be eligible for a Paramedic certification pay differential, shall not be permitted to request reinstatement to the established “Acting” eligibility list for a period of six months from the time they are removed from the list. 4. Acting Eligibility List Shortages In the event the Department determines that an insufficient number of employees are willing or qualified to serve in an Acting capacity for a given job classification, the Union agrees to discuss and, if necessary, negotiate changes or impacts as required by law. This includes but is not limited to changes such as qualification requirements for classifications and promotion, modification of external hiring and employment criteria, modification or elimination of job classifications, or changes to Acting requirements. D. Fair Labor Standards, Section 7(k) Exemption 1.The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a 27-day work cycle for employees in the bargaining unit who work 112 hours biweekly. 2.All employees in the bargaining unit, with the exception of Fire Prevention Inspector, shall be paid overtime only for all regular hours actually worked in excess of 204 hours during the designated 27- day work cycle. Fire Prevention Inspectors assigned to a 40-hour weekly schedule shall be eligible for overtime for all hours actually worked in excess of 40 hours per work week. Section 9. Promotional Process A.Promotional evaluation announcements will be posted in each station at least 30 days prior to the filing deadline. B.Each announcement of a promotional evaluation shall state: 1. The title of the class for which the eligibility list is to be created. 2. The nature of the work to be performed. 3. The minimum qualifications which may be required for admission to the evaluation process. 4. The general scope of the evaluation process to be used. C.Eligibility for promotional evaluation processes may be restricted to persons employed in designated lower classes and/or in designated organizational units. Item # 14 Attachment number 1 Page 20 of 58 D.Disqualification of Applicants The Human Resources Director, on behalf of the City, may reject the application of any person for admission to any evaluation process or refuse to evaluate any applicant or to certify the name of an eligible for appointment if, in his/her opinion, it is found: 1.That the applicant fails to meet the established qualification requirements for the classification. 2.That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. 3.That the applicant has made an intentional false statement as to any material fact, has practiced or attempted to practice deception or fraud in his/her application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. 4.That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/she is applying. 5.That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. 6.Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional evaluation process or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. E.Scope and Character of Evaluation Processes 1.Provisions applying to promotional evaluation processes: a)All promotional evaluation processes shall be competitive. b)All evaluation processes shall be of such character as to fairly determine the qualifications, fitness and ability of applicants to perform the duties of the classification to which appointment is to be made. c)Evaluation processes may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. d)Evaluation processes shall include established criteria for determining a passing grade, score, or mark. Item # 14 Attachment number 1 Page 21 of 58 F. Notification of Results Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date of his/her notice of results, request permission from the Human Resources Department to review his/her evaluation results, and will be given reasonable opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request, provided such request is made in writing within 15 days after the last section of the examination is administered and the summary is made available by the vendor. Any costs associated with the summary shall be paid one-half by the employee and one-half by the Fire Department. G. Appeals from Ratings 1.Any candidate who fails to attain status on an eligibility list may, within 15 calendar days from the date of notification of such, notify the Human Resources Director in writing that error, other than error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If upon review, errors other than error of judgment, are found, such errors shall be corrected. In the event such review discloses error affecting other candidates, the other candidates shall also be corrected. 2. An error correction may cause names to be added or subtracted from the eligibility list, however no change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 10. Open and Promotional Eligibility Lists The names of all persons who may be lawfully promoted or appointed shall be placed in alphabetical order on an open or promotional list which will be posted in the Department. All employees deemed eligible through the evaluation process shall be placed on the appropriate eligibility list for a period of two years from the date of placement on and establishing of such list be the Human Resources Department. The individual dates of initial eligibility shall appear next to the candidates’ names and may differ when concurrent eligibility lists exist. Section 11. Appointments A.Selection from the open or promotional list shall be at the sole discretion of the Fire Chief. Selection criteria shall be developed and may include such factors as seniority, experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications. B. Selection criteria shall be announced at least 30 days prior to the selection process. Item # 14 Attachment number 1 Page 22 of 58 C. Selection processes shall be competitive; shall be of such character as to fairly determine the qualifications, fitness, and ability of applicants to perform the duties of the classification to which appointment is to be made; may be written, oral, physical, performance, or a combination of these types; shall include criteria to determine the relative fitness of applicants; and shall not include questions or evaluations framed to be discriminatory in nature. When skills and qualifications are substantially equal, seniority shall prevail in selection determinations for positions within the bargaining unit. D. The Department shall counsel with any eligible employee who is not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified. Section 12. Probation A.A newly hired employee or an employee promoted from a class outside the bargaining unit to a class within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is, for any reason, absent from duty for any reason other than floating holidays or on light duty for an accumulated period equal to two weeks scheduled work hours or more, then all such time shall be added to the probationary period. B.A newly hired employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated. An employee promoted from a class outside the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class as determined by the Fire Chief, shall be returned to his/her position held prior to the promotion or to another position at the same or lower level for which the employee is determined to be qualified, provided there is no cause for dismissal. An employee shall not have access to the grievance procedure regarding the termination during probation. C.An employee promoted from a class within the bargaining unit to a class within the bargaining unit shall serve a probationary period of six months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accumulated period equal to one week scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. D.An employee promoted from a class within the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and his/her return to his/her former position. Item # 14 Attachment number 1 Page 23 of 58 Section 13. Light Duty Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical condition may be assigned to light duty. 56-hour schedule employees placed on light duty shall continue to be paid their standard biweekly pay in accordance with Article 7, Section 2. All hours actually worked while in a light duty status shall be counted toward overtime at the end of the FLSA cycle in accordance with Article 7, Section 8., D. Employees who are authorized time off while assigned to light duty shall have the number of hours equivalent to the time off deducted from the applicable leave balance. Employees injured on duty who are approved for light duty shall continue to receive Special Teams pay if applicable. For off duty injuries, Special Teams pay shall cease after 90 calendar days of assignment to light duty. 40-hour schedule employees shall maintain their 40-hour schedule while on light duty. All employees on light duty shall have their medical status reviewed periodically as directed by the City to determine whether maximum medical improvement has been achieved and/or the employee is fit to return to full duty. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited in number and scope at the sole discretion of the Fire Chief. Section 14. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A.Compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B.An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C.The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. D.No compensation under this section shall be allowed for the first seven calendar days of disability; provided, however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is understood that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) E.The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. Item # 14 Attachment number 1 Page 24 of 58 F.It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G.The maximum period for which payment may be made under this section shall be 90 calendar days from the date of injury for each injury, including recurrences thereof. If the employee's injury results in disability for more than 21 calendar days, no payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. H.Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. I. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division. J. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. K. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. L. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. Item # 14 Attachment number 1 Page 25 of 58 Section 15. EMS Classifications A. The paramedic classifications of Fire Medic and Fire Medic Lieutenant are employees within the City's Fire Department who are appointed by the Department to perform emergency medical services in an emergency medical services program and who have successfully completed and passed a Paramedic training program recognized by the Department and approved by Florida Statute and the Pinellas County Medical Director’s office. A Fire Medic is a classification which is responsible for maintaining EMS equipment and performing emergency medical services on an ALS Unit in the area of medical procedures and patient care in addition to any assigned fire suppression duties. B.Should the City cease to operate emergency medical services, those employees classified as Fire Medic or Fire Medic Lieutenant shall continue to be employed by the City on the same basis as any other employee in the bargaining unit, provided that employees who are demoted shall have their compensation fixed at the same step in the respective range as that which they are assigned in their classification prior to demotion. Employees assigned through initial hire or promotion to the classifications of Fire Medic and Fire Medic Lieutenant are required to maintain the appropriate Paramedic certifications as determined by the Department as a condition of continued employment. Depending on the staffing level of Department Paramedic positions and the availability of vacancies in non-Paramedic positions, Fire Medics and Fire Medic Lieutenants may be permitted to voluntarily demote to non-Paramedic positions for which they are determined by the Department to be qualified, with the corresponding reduction in pay in accordance with Article 7, Section 8. Approval of such demotions shall be at the sole discretion of the Fire Chief. If voluntary demotion is not approved by the Fire Chief and there is no other vacant position in the City for which such an employee is deemed by the City to be qualified, the employee may be subject to applicable provisions of the City’s policies and procedures. The City reserves the right to hire into the classification of Fire Medic new employees who possess the appropriate Paramedic certifications, and to require that such certifications be maintained as a condition of continued employment. C.EMS Status 1. The Fire Department and all bargaining unit members shall comply with Florida Statutes and the Pinellas County EMS Rules and Regulations regarding Quality Assurance and ACLS and BTLS certification. The decisions of the County Medical Director in such matters shall not be subject to the City grievance procedure but shall be addressed through the appropriate appeals procedure. 2.The demotion of a Fire Medic or Fire Medic Lieutenant or the removal of Paramedic certification pay shall not be subject to the contractual grievance procedure or Civil Service appeal procedure when the demotion or removal of pay is based upon clinical or ethical issues in the judgment of the Fire Chief and staff and/or the office of the Medical Director of Pinellas County and as defined in the County Rules and Regulations governing EMS. 3.The demotion of a Fire Medic or Fire Medic Lieutenant or the removal of Paramedic certification pay shall not be subject to the contractual grievance procedure or Civil Service appeal procedure when the demotion or removal of pay is based upon the judgment of the Department that the affected employee was not performing to the standards desired by the Department or the Pinellas County Medical Director. Item # 14 Attachment number 1 Page 26 of 58 4.The demotion of a Fire Medic or Fire Medic Lieutenant or the removal of Paramedic certification pay shall be subject to the contractual grievance procedure or the Civil Service appeal procedure only if such demotion or removal of pay is the result of a disciplinary action. 5.The Arbitrator shall not have the power to substitute his/her judgment for that of the Department or the Medical Director with whom Fire Medics and Fire Medic Lieutenants work in relation to performance of employees to the standards of excellence desired by the City or the Medical Director. D.The parties agree that Fire Medics and Fire Medic Lieutenants are healthcare professionals but shall not be considered “professional” employees within the meaning of the Florida Public Employees Relations Act. E.If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. F. Temporary Reassignment The Fire Chief shall determine when a Fire Medic or Fire Medic Lieutenant is eligible to transfer temporarily from an ALS unit without loss of pay or a demotion for the purpose of employee development. Section 16. Firefighter/Driver-Operator A. Classification The classification of Firefighter/Driver-Operator shall be for those employees within the Fire Department who are the drivers and operators of the following type vehicles: Fire Engines, Aerial Apparatus, and Squad. B. Appointments All Firefighter/Driver-Operator positions shall be filled by a promotional process. The minimum qualifications shall be determined by the Department. C.Wages All employees shall receive pay in accordance with Appendix A. Section 17. Work Rules and Prevailing Rights A.It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. Item # 14 Attachment number 1 Page 27 of 58 B.Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. C.Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be referred to the next Labor/Management Committee meeting, which shall be scheduled within 10 work days to meet and discuss such change. The rule will be implemented after the initial 10-day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. D.All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under Paragraphs A, B and C of this Section or as expressly provided elsewhere in this contract. . Section 18Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or rescue services shall not be deemed subcontracting. Section 19. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 20. Sports Participation in sporting activities while on duty shall be permitted in accordance with Fire Department S.O.G. Section 21. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. Item # 14 Attachment number 1 Page 28 of 58 Section 22. Physical Examination A.Employees covered by this labor agreement shall be required to undergo an annual physical examination during their month of hire each year after the year of hire. B.The employer shall bear the cost of each examination. Additionally, 56 hour schedule employees shall be provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour schedule employees may attend their physical during on-duty hours with no loss of pay. The results of these physicals shall be made available to the City and to each employee upon completion of the physical and shall be maintained as confidential medical records in accordance with law. The Department shall post the name and phone number of the facility where the physical shall be administered. Physicals shall include but not necessarily be limited to the following: 1.12 Lead EKG – (Stress, where indicated and at discretion of examining physician). 2.SMA Profile 12 (liver, blood sugar, etc.) 3.Chest X-Ray 4.Complete Blood Count 5.Urinalysis 6.Rectal Cancer Exam (optional for employee) 7.Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8.Breast/Cervical Cancer Exam (Females – optional for employee) 9. Audiometric Evaluation 10. Spirometry (Pulmonary Function) C.The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co- pay cost for any preventive inoculation or immunization shots an employee may receive from his/her City primary care physician. D. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. E. The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. F. The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. Item # 14 Attachment number 1 Page 29 of 58 Section 23. Residency Requirement All bargaining unit members who commenced employment in the Fire Department on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. Section 24. Tobacco Product Usage No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member hired in the Fire Department on or after December 15, 1985, as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. The following holidays shall be observed: New Year's Day Veterans' Day Martin Luther King Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Holiday pay for the above listed holidays will be paid at the employee’s current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee’s current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. B.In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays”. Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for such day if he/she does not work that day, but shall not receive additional compensation. Any day for which an employee is not scheduled to work may not be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: 1.No employee may utilize floating holidays until 30 calendar days after the date of hire. Item # 14 Attachment number 1 Page 30 of 58 2.Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 31 shall receive 25% of floating holiday to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of hire. 3.Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Paragraph D of this Section. 4.After the year of hire, employees shall receive four "floating holidays" each calendar year. 5.Upon an employee's separation from the City, the employee may receive a lump sum payment for any remaining floating holiday balance per Paragraph D of this Section, or the remaining floating holiday balance may be used to advance the employee’s date of retirement. C.Floating holidays will be selected in reverse seniority after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. This notice will be given to the Fire District Chief or Fire Assistant Chief for approval based on vacation selection criteria. This permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. D.If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before November 15th to receive 24 hours of regular pay for 56-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the payroll period which includes December 1st. Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be approved for payment each year. E.Each calendar year, members of the bargaining unit may elect to take one floating holiday as “Personal Leave Time.” This personal leave day may be broken into blocks of 4 hours and will be taken in 4- hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/she may make a written request to the Fire Chief on or before November 15th to receive pay for such remaining blocks, payable in the subsequent payroll period which includes December 1 st. Item # 14 Attachment number 1 Page 31 of 58 Section 2. Vacations A.Accrual of Vacation Leave 1.Vacation leave shall be granted for all full time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. For newly hired employees, such vacation shall be prorated for the year of hire according to the following schedule: 56 Hour Schedule Employees January/February Hire Date ...................................................................... 6 Duty Days March/April Hire Date ............................................................................... 5 Duty Days May/June Hire Date.................................................................................... 4 Duty Days July/August Hire Date ................................................................................ 3 Duty Days September/October Hire Date ................................................................. 2 Duty Days November/December Hire Date ................................................................ 1 Duty Day 40 Hour Schedule Employees January/February Hire Date ............................................................................ 80 Hours March/April Hire Date ..................................................................................... 64 Hours May/June Hire Date.......................................................................................... 48 Hours July/August Hire Date ...................................................................................... 32 Hours September/October Hire Date ....................................................................... 24 Hours November/December Hire Date .................................................................... 16 Hours Thereafter, employees shall be deemed to have earned and be eligible for vacation accrual each January. As such, employees on the shall accrue paid vacation as follows: 56-hour schedule Year 1 1 year anniversary of Hire Pro-rated Days Year 2 January following 1 year anniversary of Hire 6 Duty Days Year 3 Following January 6 Duty Days Year 4 Following January 7 Duty Days Year 5 Following January 7 Duty Days Year 6 Following January 7 Duty Days Year 7 Following January 8 Duty Days Year 8 Following January 8 Duty Days Year 9 Following January 8 Duty Days Year 10 Following January 8 Duty Days Year 11 Following January 9 Duty Days Year 12 Following January 9 Duty Days Year 13 Following January 9 Duty Days Year 14 Following January 9 Duty Days Year 15 Following January 10 Duty Days Year 16 Following January 10 Duty Days Year 17 Following January 10 Duty Days Year 18 Following January 11 Duty Days Year 25 and higher Following January Thereafter 12 Duty Days Item # 14 Attachment number 1 Page 32 of 58 Employees on the shall accrue paid vacation as follows: 40-hour schedule Year 1 1 year anniversary of Hire Pro-rated hours Year 2 January following 1 year anniversary of Hire 80 hours Year 3 Following January 88 hours Year 4 Following January 96 hours Year 5 Following January 104 hours Year 6 Following January 112 hours Year 7 Following January 120 hours Year 8 Following January 128 hours Year 9 Following January 128 hours Year 10 Following January 128 hours Year 11 Following January 136 hours Year 12 Following January 144 hours Year 13 Following January 152 hours Year 14 Following January 152 hours Year 15 Following January 152 hours Year 16 and higher Following January Thereafter 160 hours 2. The vacation year shall be the calendar year. 3. Vacation leave granted in January is deemed to have been earned during the previous calendar year. 4. All unused vacation balances are forfeited at the end of the calendar year, except as determined by the Fire Chief. B.Use of Vacation Leave 1.The use of vacation leave shall be authorized in accordance with Fire Department Regulations. Vacation leave shall be utilized in full day increments only, except when operational demands require an employee to work part of a day for which vacation leave has been previously approved. For 56 hour schedule employees, a maximum of seven employees shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays. For 40 hour schedule employees, including Fire Prevention Inspectors and 56 hour schedule employees provided with Light Duty assignments, the Department shall determine the number of employees who may be permitted leave use in accordance with operational demands. 56 hour schedule employees who are provided a 40 hour Light Duty schedule shall not be denied the use of previously approved vacation leave, provided they notify the Fire Chief prior to the beginning of the Light Duty assignment of their intent to utilize the previously approved vacation leave. However, should such employees elect to not utilize previously approved vacation leave while on the 40 hour schedule, they shall be responsible for the subsequent scheduling of the days within the available slots or will risk losing the days. 2.The borrowing of vacation time prior to its accrual is prohibited. 3.There is no advancing of vacation pay. 4.New employees may not take vacation until they have completed one year of continuous service. Item # 14 Attachment number 1 Page 33 of 58 5.If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6.An employee who has more than 90 calendar days of unpaid leave shall receive no vacation leave for that calendar year. 7.Scheduling of Vacation a)Bargaining unit members will be contacted in the order of department seniority for the selection of vacation. Vacation days may be picked in either a 3- or 6- duty day block for 56 hour schedule personnel or a 5- or 10- duty day block for 40 hour schedule personnel the first time through. A block, as published on the vacation schedule issued by the Department, shall consist of a designated 3 or 6 duty day grouping beginning and ending with 4 days off for 56 hour schedule personnel, or a designated 5 or 10 duty day grouping beginning and ending with a weekend for 40 hour schedule personnel. After all personnel have been contacted for their first pick, the second round will begin. All 56 hour schedule personnel who have selected a 3- day block and all 40 hour schedule personnel who have selected a 5-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round. b)After all personnel have been provided the opportunity to pick their primary six or ten days of vacation in blocks, any employee to be awarded during the year bonus days for 25 years of service shall choose such days, and then all personnel will be contacted by department seniority for the picking of additional vacation days. Finally, all personnel will be contacted by reverse seniority for the choosing of floating holidays and sick leave incentive days. c)Should a person elect to pass on choosing any days, they shall be responsible for the scheduling of their days. If the employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays may be submitted for pay in accordance with this Agreement. Additional vacation days will be lost or can be donated to the Department leave pool. However, no employee shall be permitted to donate more than three days of leave per year to the pool. d)All vacation days not submitted are subject to forfeit in accordance with the above except by permission of the Fire Chief. e)The linking of scheduled days for 56 hour schedule personnel shall not exceed 9 consecutive duty days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the employee is on duty. If this cannot be done, then it is the employee’s responsibility to complete the required training on his/her own time. f)The changing of sick leave incentive days for previously used floating holidays is not allowed. Item # 14 Attachment number 1 Page 34 of 58 C.Payment and Accrual During Military Leave 1.An employee granted an extended military leave of absence shall be paid all accrued vacation leave when the employee begins the extended military leave. 2.An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law. D.Conversion To Sick Leave or Funeral Leave During Vacation Leave 1.The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill while the employee is on vacation leave. 2.The employee may request that vacation leave be changed to funeral leave provided the request is consistent with the article on Funeral Leave. 3.Requests for such changes must be made in writing to the Fire Chief or designee within 72 hours of the employee’s return to work. E.Payment of Unused Vacation Leave 1.Payment of unused vacation leave and banked vacation hours will be paid at the employee’s current base rate of pay upon separation of the employee, provided the employee was not dismissed for cause and that the employee has more than one year of continuous service, or such hours may be utilized to advance the date of retirement. 2. When a bargaining unit member is required to work a partial day on any day that he/she has previously been approved for vacation leave, the employee’s vacation leave balance shall not be charged for the hours worked and such hours worked shall be paid at the overtime rate of pay but shall not be subject to the minimum hours assigned to holdover or call back in accordance with this Agreement. Should the number of vacation hours not charged due to such circumstances equal twelve hours or more, the employee shall be permitted to request to use the portion of such hours equaling a twelve hour block in accordance with Paragraph B.,7. above. The employee shall be permitted at the end of the calendar year to request payment for any remaining balance of less than twelve vacation hours not charged due to having worked a partial day, in accordance with the established provision for the payment of floating holidays as outlined in this Agreement. F.Banking of Vacation 1.The practice of banking vacation for retirement shall be limited to 240 hours for 56 hour schedule employees and 172 hours for 40 hour schedule employees. Item # 14 Attachment number 1 Page 35 of 58 Section 3. Sick Leave A.Accrual Rate 1.Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Biweekly Total Accrual Rate Hours HoursHours Per PayCapped 112 134.42 5.170 2184.00 80 96.01 3.693 1560.00 2.The number of yearly pay periods sick leave is accrued is 26. B.Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no-loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when they are in a non-paid status or utilizing “retirement advancement”. C.All accumulated unused sick leave shall be credited to any employee recalled from a lay off, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D.In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E.Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: MinutesTenths of an Hour 1 - 6 .1 7 - 12 .2 13 - 18 .3 19 - 24 .4 25 - 30 .5 31 - 36 .6 37 - 42 .7 43 - 48 .8 49 - 54 .9 55 - 60 1.0 Item # 14 Attachment number 1 Page 36 of 58 F.Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1.Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. 2.Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3.Due to medical or dental appointments, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. 4.Due to illness of a member of his/her immediate family which requires his/her personal care and attention. The term "Immediate Family" as used in this paragraph shall mean parents, stepparents, children, stepchildren, grandparents, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife, or other relative who is a member of the immediate household. Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is defined above). 5.If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accumulated sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H.Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid one-half of his/her accumulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The employee may request that one-half the payment for unused sick leave be made at separation and one- half the payment be made in the first payroll period in the next calendar year. Item # 14 Attachment number 1 Page 37 of 58 The employee qualifies for payment if: 1.The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers’ Compensation shall not be deducted from continuous service; or 2.The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs; or 3.The employee’s estate shall receive payment if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. I.An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. J.Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K.The employee may be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted when requested by the Department Director. Item # 14 Attachment number 1 Page 38 of 58 L.An on-duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his/her accumulated unused sick leave, only that portion of his/her regular rate of pay (see Article 9, Section 4) which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. M.The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. N.Sick Leave Incentive Program 1.Following any full payroll calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee’s current base hourly rate of pay. 2.Following any full payroll calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee’s current base rate of pay. 3.Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave Incentive eligibility notification or shall have no sick days converted. O.Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1.The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. 2.A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. a)The committee shall consist of three members designated by the bargaining unit, one management employee designated by the Fire Chief, and one management designee of the City Manager. Item # 14 Attachment number 1 Page 39 of 58 b)The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. c)The committee's decisions are final and are not grievable. 3.Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January. a)No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. This shall be limited to one time per year; however, the 3-day donation limit shall not be modified. b)All donations of pool leave time must be in full-day increments based on the employee's full- time, regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c)Donations of pool leave time are . irrevocable d)No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 4.When pool leave time is authorized by the committee for use by an employee, it shall be on a day- for-day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5.Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A.56 hour schedule employees shall be allowed up to three shifts off with pay and 40 hour schedule employees shall be allowed up to four duty days off with pay in the event of a death in the immediate family which shall be limited to spouse, child, parent, brother, sister, stepmother, stepfather, stepchild, or mother-in-law or father-in-law. This is not chargeable to sick leave. B.56 hour schedule employees shall be granted up to two shifts off with pay and 40 hour schedule employees shall be allowed up to three duty days off with pay in the event of a death in the extended family, specifically defined as grandmother, grandfather, grandchildren, sister-in-law, or brother-in-law. This is chargeable to sick leave. The Fire Chief may grant funeral leave to employees for the death of other household members. Item # 14 Attachment number 1 Page 40 of 58 C.Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the Fire Chief or his/her District Chief or Fire Assistant Chief of such intent as soon as possible. Section 5. Absence Without Leave A.Any employee who is absent from duty for two consecutive work days for 56-hour employees and three consecutive work days for 40-hour employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B.The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 6. Time Off From Duty A.An employee may be granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. 1.Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exams which will get first priority. 2.Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 3.The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one month's written notice is given to the Fire Chief. B.The Union may, upon request, be allowed up to 400 duty hours per fiscal year to be excused for Union business, conferences, training, and Executive Board meetings pertaining to the City of Clearwater. Any such request must be initiated in writing through the chain of command, via the District Chief, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not less than four-hour increments. Absences for Union time excluding the Union president/designee shall count toward the total number of seven employees permitted to be absent for personal leave on any given shift. Any unused portion of the balance is to be carried over into the next contract year. Item # 14 Attachment number 1 Page 41 of 58 Any use of City facilities for Union–related business shall require written request at least 48 hours in advance to the Fire Chief, which may be granted or denied at his/her sole discretion. Executive Board members only shall be permitted to conduct/attend Executive Board meetings while on duty with no charge to the aforementioned Union time, with the prior approval of the Fire Chief or his/her designee, provided 48 hours notice is given, and further provided that such meetings will cause no adverse impact to Department operations. Off-duty Executive Board members shall not be eligible to receive any compensation for time spent attending such meetings. Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. Section 7. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to any one employee is a total of 90 calendar days for the duration of this contract. Section 8. IDM Re-Opener The City and the Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating the implementation of a program of Integrated Disability Management. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. ARTICLE 9 WAGES AND COMPENSATION Section 1. Pay Schedule The pay schedule shall be in accordance with Appendix A. Item # 14 Attachment number 1 Page 42 of 58 A.The classes of Firefighter, Firefighter/Driver-Operator, and Fire Medic shall have twelve merit steps. The classes of Fire Prevention Inspector, Fire Lieutenant, and Fire Medic Lieutenant shall have nine merit steps. Merit steps two through six shall provide for approximately a 5% increase over the preceding step, and merit steps seven through twelve shall provide for approximately a 2-1/2% increase over the preceding step. B.Pay increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay schedule increases shall be as follows: Appointment and Merit Step Review and Advancement: Original appointment or promotion Step 1 At the end of one year of satisfactory service in Step 1. Step 2 At the end of one year of satisfactory service in Step 2. Step 3 At the end of one year of satisfactory service in Step 3. Step 4 At the end of one year of satisfactory service in Step 4. Step 5 At the end of one year of satisfactory service in Step 5. Step 6 At the end of two years of satisfactory service in Step 6. Step 7 At the end of two years of satisfactory service in Step 7. Step 8 At the end of two years of satisfactory service in Step 8. Step 9 At the end of two years of satisfactory service in Step 9. Step 10 At the end of two years of satisfactory service in Step 10. Step 11 At the end of two years of satisfactory service in Step 11. Step 12 If an employee's evaluation by management is rated satisfactory or higher, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in Section 3 below. Section 3. Merit Step Review - Increases and Delay or Denial Employees who receive a merit eligibility evaluation rating of Satisfactory or higher shall be advanced as provided in Section 2 above. Employees who receive a merit eligibility evaluation rating of less than Satisfactory shall not be granted a merit step advancement. Such employees shall be reevaluated after three months and if then rated satisfactory, shall be granted a merit step adjustment as of the date of the three-month follow-up evaluation. The effective date of the increase shall be utilized for the purpose of determining eligibility for future merit evaluation review and advancement to the next higher step. If the initial three months follow-up evaluation rating is still less than Satisfactory, the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit step adjustment as of the end of that second three-month follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for future merit evaluation review and advancement to the next higher step. Item # 14 Attachment number 1 Page 43 of 58 If the employee is rated less than Satisfactory on the second three-month follow-up evaluation, no merit step advancement shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Satisfactory. Section 4. Rates of Pay A.Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule. B.Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. C.Overtime is defined as one and one-half times an employee’s regular rate of pay. D.School pay is defined as regular rate of pay and shall be counted as hours worked for the purpose of computing overtime when duly authorized by the department. Section 5. Annual Personal Resource Allowance A.All members of the bargaining unit who are actually working shall be provided an annual allowance of $1,000 per year, which shall be utilized to cover (1) the costs of purchasing and laundering coat, shirts, pants, jumpsuit, and bed linens, (2) the replacement of personal items such as glasses, watches, hearing aids, etc., and (3) time spent attending the annual physical except for 40-hour schedule personnel who shall attend on duty, but shall still receive the allowance. B.An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal resource allowance. C.The annual resource allowance shall be paid on a quarterly basis to eligible bargaining unit members who are actually working at the time of the quarterly payment, and shall reflect the appropriate amounts subject to withholding and not subject to withholding for tax purposes. Section 6. Mileage Reimbursement A.For each move a Firefighter is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation. B.The mileage reimbursement rate shall be consistent with City Policy. C.This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two Fire Stations. D.Written requests for mileage reimbursement must be made to the Fire Chief's office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. E.The Department will post a reminder notice at least 30 days prior to September 15. Item # 14 Attachment number 1 Page 44 of 58 F.The money shall be paid by September 30 of each year. G.In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. Section 7. Special Teams Any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive twenty- five dollars per payroll period in addition to the current base rate of pay. Bargaining unit members who meet the current certification guidelines set forth by the Fire Chief and are assigned as team leaders shall not receive the Special Team pay as described above, but shall instead receive thirty five dollars per payroll period in addition to the current base rate of pay. Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: Dive Team – 6 per shift plus one team leader Technical Rescue Team – 8 per shift plus one team leader Emergency Response (SWAT) Team – 4 per shift plus one team leader Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following: Dive Team Coat/Jacket 1 Jump Suit 1 Swim Trunks 1 Tee Shirt 1 Shorts 1 Technical Rescue Team Tech Shirt 3 Tech Pants 3 S.W.A.T. Team Shirt 2 Pants 2 An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. Item # 14 Attachment number 1 Page 45 of 58 Section 8 EMS Wages A.All employees shall receive pay in accordance with Appendix A. B.Employees of the Department who currently receive “grandfathered” E.M.T. pay shall continue to receive such pay, provided the employee meets additional certification as required by Pinellas County EMS System and retains his/her State of Florida and Pinellas County certification as an E.M.T. If a “line” Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant is receiving 5% “grandfathered” E.M.T. pay and is subsequently promoted or assigned in an acting capacity to Fire Medic or Fire Medic Lieutenant, said employee shall receive the appropriate promotional or acting pay and the “grandfathered” E.M.T. pay shall be deemed to be incorporated therein. C.Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic, and who agree in writing to be willing to serve in an acting capacity as a Fire Medic or to be assigned as a Paramedic on an ALS unit when called upon by the Department to do so, shall receive a Paramedic certification pay differential of $100.00 per payroll period. Such employees shall be eligible to receive Acting Pay in accordance with Paragraph D below in addition to the biweekly certification pay. Such employees who elect to receive the Paramedic certification pay differential shall be required to provide written notice of their intent to no longer be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby no longer receive the $100.00 per payroll period certification pay differential at least 30 calendar days prior to the end of the payroll period in which they wish to effect the change. Upon the effecting of such requests by the Department, the affected employees shall not be eligible to receive the Paramedic certification pay differential for a period of six months. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver- Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic and who do not agree to be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby not receive the $100.00 per payroll period certification pay differential shall be eligible to elect to be assigned as a Paramedic to an ALS unit on a voluntary basis, and when so assigned on an ALS unit shall be compensated in accordance with paragraph D below. D. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant who are state and county certified as an E.M.T. or Paramedic, and who are not receiving Acting pay or “grandfathered” E.M.T. pay, and who are assigned as a Paramedic on an ALS unit will receive assignment pay of 5% above the employee’s current base rate of pay for all hours served on the ALS unit. E. The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and Paramedic certifications. Section 9. Training and Tuition Refund A. Members of the bargaining unit shall be entitled to participate in a tuition reimbursement program provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or Fire District Chief where department policy will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty and off-duty time. Item # 14 Attachment number 1 Page 46 of 58 B. The tuition refund for members of the bargaining unit shall be $1,000 per year for each year of the agreement. However, if classes taken by a bargaining unit member consist exclusively of those pertaining to an advanced degree program as part of a partnership between the City and an accredited college or university, then $1,200 of tuition paid for such classes shall be reimbursable. C. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any obligation to the City under FLSA. D. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. E. The City shall provide and maintain reasonable training grounds and facilities. D.The City agrees to pay the tuition only for classes required as part of a State of Florida Paramedic certification program for up to one bargaining unit member per shift or 3 members total, whichever is greater, provided that the classes are offered in such a manner that the employees may attend the classes during non-duty hours, and such class hours shall not be counted as hours worked. Should such classes not be available in a manner that the employees may attend during non-duty hours, the Fire Chief in his/her sole discretion shall determine whether to release the employees from duty for only the hours necessary to attend the classes. In such case, the employees shall be expected to serve the remaining hours of any shift for which they are scheduled. Any prerequisite classes necessary to participate in a State of Florida Paramedic certification program shall only be subject to the tuition reimbursement provisions outlined in Paragraphs A-D above and in accordance with established Department guidelines to determine whether or not the class hours constitute School Time. Item # 14 Attachment number 1 Page 47 of 58 Any existing employee who obtains a State of Florida Paramedic certification through the process outlined in this Section shall be required to comply with the requirements necessary to obtain and maintain certification as a Paramedic in Pinellas County, and shall be required to remain with Clearwater Fire and Rescue and serve as a Fire Medic when called upon to do so for a period of five years or shall be subject to repayment of any costs incurred by the Department for such classes. Should an employee voluntarily leave the department or be permitted to voluntarily demote to a non-paramedic classification in accordance with this agreement before the end of the five year period, the amount of such repayment shall be prorated by 3-month increments with the employee being required to pay the prorated amount corresponding to the number of remaining full 3-month periods not served. Section 10. Clothing and Equipment A. The City shall continue to provide the initial clothing and protective devices currently supplied, or their equivalent, and initial safety equipment currently supplied, without cost to the employee. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the value of the lost or abused equipment, as determined by the Fire Chief. B. The following equipment will be supplied initially to each employee: Item Quantity Coat or Windbreaker 1 (employee option) Pants 5 (F.P.I. 8) Class A Shirts 5 (F.P.I. 7) (long sleeve @ employee option) T-Shirts 3 Shorts 2 Sweatshirt 1 Jumpsuit 1 Badge 1 Nametag 1 Collar Insignia (set, as necessary) 2 Blanket 1 (F.P.I. 0) Pillow 1 (F.P.I. 0) Bunker Coat 1 Bunker Pants 1 Helmet 1 Firefighting Boots (pair) 1 Firefighting Gloves (pair) 1 Air Mask 1 Nomex Hood 1 Suspenders 1 City and County ID 1 each 3 cell Flashlight 1 Item # 14 Attachment number 1 Page 48 of 58 All employees will be provided an initial issue of any new items in addition to those on the list above when such items are required by the Department. Equivalent variations of clothing items on the list above, such as coats, shirts, and pants, may be provided by the Department to all newly hired employees and shall be available to existing incumbent employees through the use of the personal resource allowance as defined in this Agreement. C. The following items, if issued, shall be returned to the Department before an employee leaves the service of the Department either by termination, resignation, retirement, etc. Should any such items not be returned, the City shall withhold from the employee’s final paycheck an amount sufficient to reimburse the City at a pro-rated replacement cost of the equipment. Item Quantity Badge 1* City and County ID 1 each as applicable Collar Insignia (set, as necessary) 2 Bunker Coat 1 Bunker Pants 1 Helmet 1* Firefighting Boots (pair) 1 Air Mask 1 3 cell Flashlight 1 *(to be mounted and/or returned to employee upon request in accordance with the current practice if separation is due to retirement) Any such equipment which becomes worn or unserviceable through no fault of the employee shall be replaced when returned to the Department. D. Employees shall be provided an allowance for the replacement of coat, pants, shirts, and jumpsuit which may become worn or unserviceable in the course of duty. The Fire Department in conjunction with the Union shall publish annually a list of vendors and the specifications and each employee shall be responsible for the replacement of coat, pants, shirts, and jumpsuit. E. The Department shall issue and maintain uniforms and equipment to personnel it determines necessary in order to provide an Honor Guard presence as the City deems appropriate and subject to the availability of funds. It is understood that the decision whether to have an Honor Guard, and who shall be designated to participate, rests with the Fire Chief in his sole discretion. Any items issued to Honor Guard personnel shall remain the property of the Department and shall be returned upon separation in accordance with Paragraph C of this Section above. Section 11. Standby A. Fire Prevention Inspectors who are assigned to remain in a standby status while not on duty shall be paid at the following rates during the term of this agreement: Monday through Friday $10.00 per night Weekends $50.00 per weekend Extended Time During Designated Holidays $30.00 per night Item # 14 Attachment number 1 Page 49 of 58 B. Standby assignments are mutually exclusive of call-in and holdover provisions of this agreement. Nightly standby (Monday – Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at the time which would be the employee’s normal starting time on Saturday and shall conclude at the beginning of the employee’s regular workday on Monday (48-hour period). An employee assigned to standby and who continues in standby assignment for an 8-hour extended period on a designated holiday shall be paid $30.00 instead of $10.00 for a nightly standby period. In addition to the above, an employee who is called out to work while on nightly or weekend standby duty shall be credited with one hour work time or the actual hours worked during the entire standby period, whichever is greater. C. The Department retains the discretion but is not required to assign a take-home vehicle to Fire Prevention Inspectors who are subject to standby. Section 12.Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated, to be issued to employees both on-coming and off-going shift at their assigned station. ARTICLE 10 INSURANCE Section 1. Life Insurance All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be free and without prejudice and of the employee’s choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of- kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the I.A.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent information from the present carrier. Item # 14 Attachment number 1 Page 50 of 58 The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Council. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Council to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Any information received by either party from the consultant or from another carrier will be shared with the other party. ARTICLE 11 PERFORMANCE AND DISCIPLINE The City and the Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness. The system may be modified from time to time to better meet the needs of the employees and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employees have the right to Union representation any time they believe a meeting may lead to disciplinary action. The City-wide and Fire Department standards shall be in writing. The Union will provide input as the standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the Fire Department maintain the right to change the process. The City recognizes that members of the Fire Department are protected by the “Firefighter Bill of Rights” and any disciplinary action will conform to the guidelines of that law. ARTICLE 12 DRUG AND ALCOHOL POLICY Voluntary use of controlled substances which cause intoxication or impairment on Section 1. the job poses risks to the employer, the affected employee and their coworkers. All bargaining unit employees will be fully informed of the employer's for cause Section 2. drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Fire District Chiefs and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Item # 14 Attachment number 1 Page 51 of 58 Section 3. Citys Drug and Alcohol Program Policy A The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party a reasonable period of time in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B References to CDL and “safety-sensitive” employees and positions shall not apply to IAFF bargaining unit members. As such, IAFF bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. ARTICLE 13 RETIREMENT . The City and the Union agree that prior to retiring an employee may use his/her Section 1 vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. The employee will be considered a regular employee for service credit to the Section 2. pension plan. The City and the employee will continue to contribute to the pension plan. During the period of “retirement advancement”, the employee will not be eligible to Section 3. receive or accrue any benefits except retirement credit, “grandfathered” EMT Pay, and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind. ARTICLE 14 SENIORITY AND LAYOFFS Section 1. Seniority A.Definition -- Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. Item # 14 Attachment number 1 Page 52 of 58 B.How Measured 1.In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. 2.Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. However, for purposes of layoff, departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules or City Pension ordinance shall apply. 3.In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4.The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5.The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 6.Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C.Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: 1.Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. 2.Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 3.Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4.Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5.Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration award, grievance decision, or the Civil Service Board in accordance with this Agreement. Item # 14 Attachment number 1 Page 53 of 58 6.Resignations subsequently withdrawn, in accordance with this Agreement, within six months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D.Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. E.Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs A.In the event of layoffs, all probationary status employees in the class involved shall be laid off before any permanent status employees in the class involved. The order of layoff of probationary employees shall be determined by management evaluations of the performance and potential of the employees. B.In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or classes involved. An employee who is designated to be laid off shall have the opportunity to revert to the position he/she held prior to his/her current classification. If this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. Within the involved classes, layoffs shall be accomplished by the following groupings: 1.Group A -- Employees with one through three years of service in the Clearwater Fire Department. 2.Group B -- Employees with four through six years of service in the Clearwater Fire Department. 3.Group C -- Employees with seven through nine years of service in the Clearwater Fire Department. 4.Group D -- Employees with 10 through 12 years of service in the Clearwater Fire Department. 5.Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department. 6.Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Department. 7.Group G -- Employees with 19 or more years of service in the Clearwater Fire Department. Item # 14 Attachment number 1 Page 54 of 58 All employees in Group A must be laid off before any employees listed in Group B; all employees in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance evaluations by management of the preceding 3-year period (if available), disciplinary actions, and physical ability to perform the job. When other qualifications are substantially equal, Fire Department seniority will govern. Management will provide a list of the rank order within Groups prior to the layoff. No new employee shall be hired until the employee on layoff has been given an Section 3. opportunity to return to work at his/her original seniority date and position; provided, that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. The Fire Chief shall give written notice to the Human Resources Director and to Section 4. the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION Section 1. Amendments This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required by each party hereto. Section 2. Severability and Waiver A.In the event that any clause or clauses in this Agreement shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. B.The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. C.In the event of invalidation of any article or section, both the City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. Section 3. Duration This Agreement shall be effective as of October 1, 2008, and shall continue in full force and effect until September 30, 2010. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. Item # 14 Attachment number 1 Page 55 of 58 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 2011. ATTEST: CITY OF CLEARWATER, FLORIDA ___________________________________ ___________________________________ Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness: Countersigned: ___________________________________ _____________________________________ Pamela K. Akin, City Attorney Frank Hibbard, Mayor INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: Gerard DeVivo, President, Local 1158 John Klinefelter, Vice President, Local 1158 David Hogan, Secretary/Treasurer, Local 1158 Item # 14 Attachment number 1 Page 56 of 58 APPENDIX A - WAGES FIREFIGHTER PAY RANGE F-02 (80/106 HOURS) Step October, 2008 Biweekly 1 $1358.58 2 $1427.90 3 $1497.07 4 $1575.17 5 $1652.86 6 $1735.07 7 $1778.37 8 $1821.58 9 $1873.56 10 $1920.41 11 $1969.50 12 $2018.70 FIREFIGHTER/DRIVER- OPERATOR PAY RANGE F-04 (80/106 HOURS) Step October, 2008 Biweekly 1 $1426.52 2 $1499.30 3 $1571.93 4 $1653.94 5 $1735.49 6 $1821.83 7 $1867.28 8 $1912.64 9 $1967.27 10 $2016.42 11 $2067.97 12 $2119.64 Item # 14 Attachment number 1 Page 57 of 58 FIRE MEDIC PAY RANGE F-10 (80/106 HOURS) Step October, 2008 Biweekly 1 $1630.30 2 $1713.49 3 $1796.49 4 $1890.20 5 $1983.41 6 $2082.11 7 $2134.03 8 $2185.90 9 $2248.31 10 $2304.50 11 $2363.39 12 $2422.44 FIRE LIEUTENANT PAY RANGE F-12 (80/106 HOURS) Step October, 2008 Biweekly 4 $1984.71 5 $2082.58 6 $2186.21 7 $2240.73 8 $2295.20 9 $2360.73 10 $2419.72 11 $2481.56 12 $2543.56 Item # 14 Attachment number 1 Page 58 of 58 FIRE PREVENTION INSPECTOR PAY RANGE F-12 (80 HOURS) Step October, 2008 Biweekly 4 $1984.71 5 $2082.58 6 $2186.21 7 $2240.73 8 $2295.20 9 $2360.73 10 $2419.72 11 $2481.56 12 $2543.56 FIRE MEDIC LIEUTENANT PAY RANGE F-13 (80/106 HOURS) Step October, 2008 Biweekly 4 $2204.34 5 $2313.81 6 $2438.20 7 $2492.94 8 $2557.64 9 $2622.22 10 $2687.74 11 $2754.95 12 $2823.83 Item # 14 Attachment number 2 Page 1 of 62 AGREEMENT between CITY OF CLEARWATER and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO Local 1158 FISCAL YEARS 2010-2011 2011-2012 2012-2013 Item # 14 Attachment number 2 Page 2 of 62 Our Mission is to work cooperatively with labor and management to provide cost effective, top quality Emergency services while ensuring and improving the safety and benefits for our Members Item # 14 Attachment number 2 Page 3 of 62 Page No. PREAMBLE ................................................................................................................... 1 ARTICLE 1 Recognition and General Provisions ........................................................ 1 Section 1 Exclusive Bargaining Agent ..................................................................................... 1 Section 2 New Classifications ................................................................................................... 1 Section 3 Contract Constitutes Entire Agreement ................................................................. 1 ARTICLE 2 Representatives of Parties ........................................................................ 1 ARTICLE 3 Rights of Parties ...................................................................................... 2 Section 1 Management Rights ................................................................................................... 2 Section 2 Emergency Conditions ............................................................................................. 2 Section 3 Union Rights .............................................................................................................. 2 Stewards ...................................................................................................................... 2 Checkoff...................................................................................................................... 3 Posting of Agreement ............................................................................................... 3 Bulletin Boards ........................................................................................................... 3 Section 4 No Discrimination ..................................................................................................... 4 ARTICLE 4 No Strike .................................................................................................. 4 ARTICLE 5 Labor-Management Cooperation ............................................................ 4 ARTICLE 6 Grievance Procedure ............................................................................... 5 Section 1 Definition .................................................................................................................... 5 Section 2 Filing Procedures ....................................................................................................... 5 Section 3 Arbitration .................................................................................................................. 7 Section 4 Grievance Initiated by the City ................................................................................ 7 Section 5 Time Limit Exceptions ............................................................................................. 7 Section 6 Grievance Initiated by Employee ............................................................................ 7 ARTICLE 7 Personnel Practices ................................................................................. 7 Section 1 Shift and Inspection Schedules ................................................................................ 7 Section 2 Assignments ............................................................................................................... 8 Section 3 Scheduling Overtime ................................................................................................. 9 Section 4 Exchange of Duty Time (Swaps) .......................................................................... 11 Section 5 Call-In, Holdover, and Court Time ...................................................................... 12 Section 6 Daylight Savings Time ............................................................................................ 13 Section 7 State EOC/FEMA Deployment ........................................................................... 14 Section 8 Pay Plan Administration ......................................................................................... 14 Promotions ............................................................................................................... 14 Demotions ................................................................................................................ 14 Acting Pay ................................................................................................................. 15 Fair Labor Standards Exemption .......................................................................... 16 Item # 14 Attachment number 2 Page 4 of 62 Page No. ARTICLE 7 Personnel Practices (cont.) Section 9 Promotional Process ............................................................................................... 16 Announcements ....................................................................................................... 16 Eligibility ................................................................................................................... 16 Disqualification of Applicants ............................................................................... 17 Scope and Character of Evaluation Process ........................................................ 17 Notification of Results ............................................................................................ 18 Appeals from Ratings .............................................................................................. 18 Section 10 Open and Promotional Eligibility Lists ................................................................ 18 Section 11 Appointments .......................................................................................................... 18 Section 12 Probation .................................................................................................................. 19 Section 13 Light Duty ................................................................................................................ 20 Section 14 Line-of-Duty Injury Pay ......................................................................................... 20 Section 15 EMS Classifications ................................................................................................. 22 Section 16 Firefighter/Driver-Operator .................................................................................. 24 Section 17 Work Rules and Prevailing Rights ......................................................................... 24 Section 18 Subcontracting ......................................................................................................... 25 Section 19 Indemnification ........................................................................................................ 25 Section 20 Sports Activities On Duty ...................................................................................... 25 Section 21 Lawn Maintenance................................................................................................... 25 Section 22 Physical Examination .............................................................................................. 25 Frequency of Physicals ............................................................................................ 25 Types of Exams ....................................................................................................... 26 Immunizations and Inoculations ........................................................................... 26 Physical Fitness ........................................................................................................ 26 Department Physician ............................................................................................. 26 Wellness Re-Opener ................................................................................................ 26 Section 23 Residency Requirement .......................................................................................... 27 Section 24 Tobacco Product Usage .......................................................................................... 27 Section 25 Station Assignments ................................................................................................ 27 ARTICLE 8 Leaves of Absence .................................................................................. 27 Section 1 Holidays .................................................................................................................... 27 Observed Holidays .................................................................................................. 27 Floating Holidays ..................................................................................................... 28 Selection of Floating Holidays ............................................................................... 28 Payment for Floating Holidays .............................................................................. 28 Conversion of Floating Holidays to Personal Leave .......................................... 29 Section 2 Vacation .................................................................................................................... 29 Accrual of Vacation Leave ..................................................................................... 29 Use of Vacation Leave ............................................................................................ 31 Accrual During Military Leave ............................................................................... 32 Conversion to Other Leave .................................................................................... 33 Payment for Unused Vacation ............................................................................... 33 Banking of Vacation ................................................................................................ 33 Item # 14 Attachment number 2 Page 5 of 62 Page No. ARTICLE 8 Leaves of Absence (cont.) Section 3 Sick Leave ................................................................................................................. 33 Accrual of Sick Leave .............................................................................................. 33 Payment for Unused Sick Leave ............................................................................ 35 Sick Leave Incentive Program ............................................................................... 36 Sick Leave Pool ........................................................................................................ 37 Section 4 Funeral Leave ........................................................................................................... 38 Section 5 Absence Without Leave .......................................................................................... 38 Section 6 Time Off From Duty .............................................................................................. 38 Section 7 Right to Contribute Work ...................................................................................... 40 ARTICLE 9 Wages and Compensation ...................................................................... 40 Section 1 Pay Schedule ............................................................................................................. 40 Section 2 Pay Schedule Format ............................................................................................... 40 Section 3 Merit Step Review .................................................................................................... 41 Section 4 Rates of Pay .............................................................................................................. 42 Section 5 Annual Personal Resource Allowance .................................................................. 42 Section 6 Mileage Reimbursement ......................................................................................... 42 Section 7 Special Teams ........................................................................................................... 43 Section 8 EMS Wages .............................................................................................................. 44 Section 9 Training and Tuition Refund ................................................................................. 44 Section 10 Clothing and Equipment ........................................................................................ 45 Section 11 Standby ...................................................................................................................... 47 Section 12 Paycheck Issuance ................................................................................................... 48 ARTICLE 10 Insurance ................................................................................................ 48 ARTICLE 11 Performance and Discipline ................................................................... 49 ARTICLE 12 Drug and Alcohol Policy ........................................................................ 49 ARTICLE 13 Retirement .............................................................................................. 50 ARTICLE 14 Seniority, Layoff, and Recall .................................................................. 50 Section 1 Seniority .................................................................................................................... 50 Section 2 Layoffs ....................................................................................................................... 52 Section 3 Reemployment Rights ............................................................................................. 53 Section 4 30-Day Notification ................................................................................................ 53 ARTICLE 15 Duration, Modification, and Termination ............................................. 53 Section 1 Amendments ............................................................................................................ 53 Section 2 Severability and Waiver ........................................................................................... 53 Section 3 Duration .................................................................................................................... 53 APPENDIX A Wages i Item # 14 Attachment number 2 Page 6 of 62 PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Exclusive Bargaining Agent The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Commission and issued Certification number 122 in Case No. 8H-RA-756-1129 dated September 3, 1975. All persons in the classifications designated Firefighter, Firefighter/Driver- Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, Fire Inspector I, Fire Inspector II, and Fire Prevention Inspector shall be included in the bargaining unit. All others shall be excluded. Any incumbent of the Fire Prevention Inspector job classification as of the effective date of this Agreement shall be permitted to maintain such job classification designation. There shall be no further bargaining unit members allocated to the Fire Prevention Inspector job classification after the effective date of this Agreement. Section 2. New Classifications Should the City and the Union agree to establish new job classifications within the Fire Department which may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior to staffing such classification. The parties shall submit a Unit Clarification Petition to the Public Employees Relations Commission and shall negotiate appropriate wage rates, hours, and terms and conditions of employment for such classification. Section 3. Contract Constitutes Entire Agreement of the Parties This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargaining for and during its term, except regarding the City’s Pension Plan and as may be otherwise specifically provided herein. The parties agree to bargain separately proposed changes in the City’s Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. ARTICLE 2 REPRESENTATIVES OF PARTIES The City agrees that during the term of this Agreement it will deal only with the Section 1. authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such Item # 14 1 Attachment number 2 Page 7 of 62 authorized representatives as of the execution of this agreement, and any change in elected Officers or appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change. The Union likewise agrees that during the term of this Agreement the Union and Section 2. the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. ARTICLE 3 RIGHTS OF PARTIES Section 1.Management Rights Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2.Emergency Conditions If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. Section 3.Union Rights A. Stewards: There shall be one (1) Union Official or designee for all bargaining unit members on each shift for line personnel and one additional Union Official or designee for Fire Prevention personnel. An employee working on duty shall be represented by the respective (line or inspection) “on-duty” representative or other union official. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief or his/her specifically designated representative, and, provided further, Item # 14 2 Attachment number 2 Page 8 of 62 that the employee and the Union Official shall not interfere with the normal operations of the Department. It shall be the employee’s responsibility to obtain a representative when the Fire Chief or his/her designee determines that the on-duty representative cannot be made available due to operational demands. All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. B. Checkoff: The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deduction, the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Section. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. C. Posting of Agreement: The City and the Union agree that this Agreement shall be posted by the City in a conspicuous place at each Fire Station. Further, the City agrees that it will print the required amount of copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargaining unit member within 30 days of their becoming a bargaining unit member or allow the City to retain copies to provide at new employee orientation. The City and the Union shall each bear one-half of the cost of production of the copies of the Agreement, the number of which shall be mutually agreed upon prior to printing. The City and the Union shall agree on the format. D. Bulletin Boards:The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station for posting by the Union of notices of meetings or other official Union information; provided, the Assistant Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this Section, such posting shall be modified to the mutual agreement of the parties. The Assistant Chief will continue to include the Union notices in the intra-departmental mail which he/she delivers to the stations. E. The City shall permit the Union to make a presentation to all new bargaining unit members at the City new employee orientation. Subject matter of the Union presentation and any Union materials to be distributed must be approved by the City Manager or his/her designee. Item # 14 3 Attachment number 2 Page 9 of 62 Section 4. No Discrimination The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, sex, national origin, membership or non-membership in labor organization, or age, as provided by law. Any claim of discrimination under Federal or State civil rights laws by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 4 NO STRIKE The Union agrees that during the term of this Agreement, it shall not authorize, Section 1. instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. The parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509. Should the Union or employees covered by this Agreement within the City's Fire Section 2. Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Should any member of the bargaining unit be found guilty of striking as defined in Section 3. Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. ARTICLE 5 LABOR-MANAGEMENT COOPERATION A. The City and Union agree to maintain a cooperative Labor/Management committee for the IAFF Local 1158 bargaining units. The committee shall consist of an equal number of members of each party not to exceed a total of eight (8) members. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation. The Labor/Management Committee will meet quarterly or as deemed necessary by the Committee. Either side may cancel a meeting with 24 hours notice. A cancelled meeting may be rescheduled with mutual consent. The Committee will draft bylaws addressing administrative protocols. Adoption and any changes to bylaws shall require a simple majority vote among all members of the Committee. Item # 14 4 Attachment number 2 Page 10 of 62 B. Department Safety Committee 1. Authority. The Clearwater Fire and Rescue Occupational Health and Safety Committee shall be established in accordance with the direction as outlined in Florida Stature 633.810, “Workplace safety committees and safety coordinators.” 2. Membership. The committee shall be made up of an equal number of bargaining unit members to be appointed by the Union and Fire Department management staff officers to be appointed by the Fire Chief or his/her designee, not to exceed a total of eight members. 3. Workplace Safety Coordinator. The Clearwater Fire and Rescue Health and Safety Chief shall be designated as the department Workplace Safety Coordinator for the purpose of chairing the committee and providing administrative support. 4. Meetings. Upon approval of this agreement by the City Council, the committee shall meet within thirty calendar days thereafter to establish those duties and procedures as outlined in, but not limited to, Florida Statute 633.810, and as approved by the Fire Chief or his/her designee. ARTICLE 6 GRIEVANCE PROCEDURE A grievance shall be defined as any difference, dispute or complaint regarding the Section 1. interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. All grievances filed shall be submitted on the appropriate form (City form #9900- Section 2. 0061, IAFF Grievance Form), and shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the facts alleged to support the grievance, and shall be signed by the grievant or representative. A Grievant may be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling, or access to training opportunities during the probationary period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline that must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs to sign the grievance. Item # 14 5 Attachment number 2 Page 11 of 62 For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted. STEP 1 The grievant shall present his/her grievance in writing to his/her Assistant Chief or Fire Marshal within 10 work days after the grievant has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Assistant Chief or Fire Marshal shall arrange for a meeting with the grievant within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The Assistant Chief or Fire Marshal shall review the grievance and submit a decision in writing to the grievant within 10 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may be appealed to Step 2. STEP 2 If the grievance is not settled at the first step, the grievant shall, within 10 work days of the date of written notification from the Assistant Chief or Fire Marshal, present the written grievance to the Fire Chief or his/her designee. The Fire Chief or his/her designee shall obtain the facts concerning the alleged grievance and shall, within 10 work days following receipt of the written grievance, meet with the grievant. The Fire Chief or his/her designee shall review the grievance and notify the grievant of his/her decision in writing not later than 10 work days following the meeting day. If the grievance is not resolved at Step 2, the grievance may be appealed to Step 3. STEP 3 If still unresolved, the grievance may be submitted to the City Manager or his/her designee within 10 work days of the date of written notification from the Fire Chief or his/her designee. At the request of the grievant, the City Manager or his/her designee shall meet with the grievant. The grievant must make this request to meet with the City Manager at the time of submission of the grievance to the City Manager or designee. If so requested, the City Manager or designee shall arrange a meeting with the grievant within 10 work days of the request. The City may determine who shall meet with the employee. Within 10 work days of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If no meeting is requested by the grievant at the time of submission of the grievance to the City Manager or designee, the City Manager or designee shall notify the employee of his/her decision in writing within 10 work days of receipt of the grievance. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2 to the grievant’s satisfaction. The City shall notify the Union in writing of any change in the City Manager’s designee for the receipt or hearing of grievances. Item # 14 6 Attachment number 2 Page 12 of 62 In the event that the grievance is still unresolved, the matter may be submitted to Section 3. final and binding arbitration as provided in this section. A.Within 10 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven names of qualified arbitrators. After the receipt of such a list, representatives of the parties shall meet and each party shall strike three names. A flip of the coin shall determine who shall strike the first name, and then the other party shall strike a name. The process shall then be repeated until one name remains and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may seek review as provided by law. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of this Agreement. B.Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within 30 calendar days from the close of the hearing or as otherwise agreed to by both parties. Formal Processing of Grievance Initiated By The City Section 4. Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within 10 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. All of the time limits contained in this Article may be extended by mutual written Section 5. consent of the parties. If an employee chooses to process his/her own grievance, the Union must be Section 6. invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4) ARTICLE 7 PERSONNEL PRACTICES Section 1. Work Schedule A.Hours and Days of Work: Shifts shall start at 8:00 A.M. each work day and end at 8:00 A.M. the following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below): Item # 14 7 Attachment number 2 Page 13 of 62 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. B.Inspection Division: Fire Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and 7:30 A.M. to 4:00 P.M., Monday through Friday, with a 30-minute lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift which, in his/her judgment, provides for most effective departmental operations. C.Kelly Days: 1. Employees will be awarded a Kelly Day after every 18 days worked. This means they will be scheduled to work 18 consecutive shift days and will be scheduled off the 19 th scheduled shift day. This will result in a 53.0526 hour average work week. 2. Kelly Day rotations for each position will be determined by the Department. Individual employees’ Kelly Day rotations will not be changed except when an employee changes job classification or shift. It is understood that when an employee changes job classification or shift, he/she will be assigned to the Kelly Day rotation for the position being filled. Employees may exchange Kelly Days in accordance with the procedures for exchanges of on-duty time as set forth in Article 7, Section 4 of this Agreement. A Kelly Day may be exchanged only one time between two employees, and once exchanged may not be exchanged again thereafter with another employee 3. When a Kelly Day occurs within a block of days that have been selected by an employee for vacation, the Kelly Day shall not be counted against the employee’s vacation leave accrual balance and the vacation leave hours may be used toward a single vacation day request instead. The single vacation day in such case may be submitted during the vacation pick process after the two rounds of vacation “block” selections and before the selection of any “bonus” days, floating holidays, or sick leave incentive days. The single vacation day may also be submitted at any time during the year, subject to availability and the operational demands of the Department, in accordance with Article 8, Section 2, B. 7. of this Agreement. Section 2. Assignments New and existing employees may be reassigned for Light Duty, training, out-of-area deployments, or voluntary special project opportunities. Employees shall continue to be paid their standard biweekly pay during such assignments. All hours actually worked during such assignments shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D. Item # 14 8 Attachment number 2 Page 14 of 62 Department policy and operational demands may require the scheduling of Section 3. employees to work hours outside of the established work schedule to perform the duties and responsibilities of an established Fire Department job classification. The department shall attempt to equalize the distribution of such work hours to the extent practicable. The selection of certified and/or trained individuals may be required and shall be allowed. Overtime compensation shall be paid in accordance with the Federal Fair Labor Standards Act and as defined in this Agreement, except that additional work hours assigned through the Mandatory list as described in paragraph C, 6-10 below shall be paid at the overtime rate of one-and-one-half times the employee’s respective regular rate of pay. The duties detailed below shall be performed at the Fire Assistant Chief level except as otherwise assigned by the Fire Chief or his/her designee. A.Lists 1.Relief (employees assigned to the same job classification who are coming off of a shift) and Back-up (employees assigned to the same job classification who are on four days off) lists shall be maintained for the assigning of work hours outside of the established work schedule. A Mandatory list and attendant procedures, as outlined in paragraph C, 6-10 of this Section below, shall be established and utilized when the procedures outlined in paragraph C, 1-5 of this Section below have been exhausted. The lists shall be maintained as an electronic document to be accessible through the department’s computer share directory. 2.The lists shall be updated daily by an assigned Fire Assistant Chief. 3.The lists shall consist of those employees who elect to work and/or who may be required to work additional hours outside of the established work schedule. At the start of each shift, employees shall notify the Fire Assistant Chief if they desire to be eligible for additional work hours on subsequent shifts. 4.Names will be arranged on the lists by classification in ascending order of credits. Employees having the same number of credits will be listed in order of seniority, and employees having the same amount of seniority will be listed alphabetically. B.Credits 1.Employees shall be assigned credits hour for hour based on the additional hours worked outside of their respective established work schedule. 2.Employees who refuse an assignment from the Relief and Backup lists when contacted between 7:30 and 8:00 a.m. after agreeing to be available for a shift shall be assigned credits equaling the number of hours of the shift refused. No credits will be added for refusal after 8:00 a.m. 3.No credits shall be added for the refusal of shifts less than 12 hours, nor shall credits be added for working a shift of less than 8 hours. 4.Inability to contact an employee who has agreed to be available shall not be cause for adding credits. 5.Credits shall be deducted when a shift for which an employee is scheduled is canceled. 6.New employees shall be placed on the list after six months of service with the number of credits, as calculated by the Fire Assistant Chief, equal to the average accumulated by all employees in the same classification on the list at that time. 7.Credits shall not be carried over from year to year and shall be zeroed out effective January 1 of each year. Initial assignments each year shall be made on the basis of Department seniority among employees in the same classification on the list. Item # 14 9 Attachment number 2 Page 15 of 62 C.Selection Procedures Bargaining unit personnel shall be required to cooperate and assist with the administration and effectuation of the process below as directed by the Department and shall be accountable for doing so in accordance with Department guidelines. 1.The Fire Assistant Chief shall be responsible at the beginning of each shift for the assignment of on-duty personnel to provide adequate coverage within the Department’s minimum staffing requirements. Employees who are on current eligibility lists or who are placed on established “Acting” eligibility lists upon meeting the minimum qualifications and having been deemed qualified by the Department for the necessary classification shall be transferred, assigned laterally, or utilized in an Acting capacity prior to the scheduling of additional work hours. Employees shall be chosen who will result in the least amount of disruption to operations, first from those employees who are on the respective eligibility list and who have been determined qualified by the Department, then from those employees on the “Acting” eligibility list who have been determined qualified by the Department. When the number of on-duty personnel is sufficient to provide coverage to meet the Department’s minimum staffing requirements, no assignment of an individual to an Acting capacity shall occur if it will result in the necessity of overtime. Should the number of on-duty personnel be below the established minimum staffing threshold, the Fire Assistant Chief shall be responsible for the scheduling of additional work hours by contacting the appropriate employee position for position by classification who has the lowest number of credits on the list. 2.The Fire Assistant Chief shall attempt to fill the applicable position by utilizing the “Relief” list and then by the “Back-up” list. 3.Should no employee in the necessary classification be available from either the Relief or Back-up list, then the Fire Assistant Chief shall attempt to fill the position by utilizing an employee on his/her own shift who is on the eligibility list for the classification. If the Fire Assistant Chief is successful, he/she shall then attempt to fill the newly created opening by proceeding from step 1 above. 4.If the Fire Assistant Chief is unsuccessful in step 3, he/she shall attempt to fill the position by utilizing an employee from the Relief and Backup lists who has the lowest number of credits and is on the eligibility list and who has been determined qualified by the Department for the necessary classification. 5.If the Fire Assistant Chief is unsuccessful in step 4, he/she shall attempt to fill the position by utilizing an employee who meets the minimum eligibility requirements and who has been determined qualified by the Department for the necessary classification first from his/her own shift and then from the Relief and Backup lists. 6.A Mandatory list will be established and utilized by the department when there is an insufficient number of employees available from the Relief and Backup lists of those who elect to work additional hours. Mandatory assignments will be rotated among all employees on the list in accordance with the employee’s respective job classification and shift. Mandatory assignments will not exceed 12 hours in duration. 7. Employee names will be arranged on the Mandatory list by job classification in the order of least senior to most senior. When the need to fill a position from the Mandatory list arises, the employee on the applicable shift with the least seniority in the respective position to be filled will be selected first, and his/her name will be moved to the bottom of the list. An employee who is assigned from the Mandatory list will not be subject to another Mandatory assignment until all other employees in the same job classification and on the same shift have been selected for a Mandatory assignment, except those currently exempt due to approved leave. Item # 14 10 Attachment number 2 Page 16 of 62 8. An employee selected for a Mandatory assignment will have the opportunity to arrange for a substitute to fill the assignment. The substitute must be approved by the applicable Fire Assistant Chief or Fire Division Chief. When an approved substitute fulfills the Mandatory assignment, the name of the employee initially subject to the assignment will be moved to the bottom of the list and the name of the substitute employee will remain unchanged on the list. 9. An employee who is scheduled for vacation or other approved leave will not be subject to assignment from the Mandatory list from the end of his/her last shift immediately preceding the leave until the start of his/her first shift immediately following the leave, and the next applicable employee on the list will be selected instead. 10. Failing all of the above, the Fire Assistant Chief will contact the Fire Division Chief to determine the appropriate course of action. D. Special Event Assignments When the need arises to select personnel for staffing of Special Events, the following procedures will be utilized: 1. An e-mail announcing the need to staff a Special Event will be sent to the City e-mail address of all applicable bargaining unit members. The e-mail will state the type and location of the event, the anticipated start and end times of the event, the number of personnel and respective job classifications needed, and the deadline to respond. Employees will be required to respond to the request within one week of the e-mail announcement in order to be eligible for the assignment. When a Special Event opportunity is announced less than one week before the event, employees will be permitted to respond up until 24 hours prior to the anticipated start time of the event. 2. The names of all employees who respond to the announcement prior to the established deadline will be placed onto separate “primary” (employees who are on four days off) and “secondary” (employees who are coming off of a shift) lists for each Special Event. Special Event lists will not be carried over from one event to the next. The lists will be updated by an assigned Fire Assistant Chief and will be maintained as an electronic document to be accessible through the department’s computer share directory. 3. Names will be arranged on the list in ascending order of credits. Employees will be assigned credits hour for hour based on the number of hours assigned to a Special Event. Special Event credits will also be added to the credits utilized for the lists as described in Paragraph B above. 4. When there is an insufficient number of employees available from the primary and secondary lists to staff the Special Event, the selection procedures outlined in paragraph C. above, starting with the Relief and Backup lists, will be utilized to fulfill the necessary event assignments. 5. Employees who refuse a Special Event assignment after agreeing to be available for the event will be assigned credits equaling the number of hours of the event refused. Credits will be deducted when a Special Event for which an employee is scheduled is cancelled. 6. New employees will be placed on the Special Event list after six months from the date of hire with the number of credits, as calculated by the assigned Fire Assistant Chief, equal to the average number of credits accumulated by all employees in the same job classification on the list at that time. Employees within the Department may exchange on-duty time upon the following Section 4. conditions: Item # 14 11 Attachment number 2 Page 17 of 62 A.That the employee filling in be acceptable to the applicable Fire Assistant Chief prior to the change. With the approval of the applicable Fire Assistant Chief, Fire Medic Lieutenants and Acting Fire Medic Lieutenant-qualified Fire Lieutenants shall be permitted to exchange on-duty time. B.That the employees desiring the exchange notify the company officer of the anticipated change not less than 24 hours prior to the start of the anticipated change unless such exchange arises under emergency situations. C.That no employee may be allowed to exchange more than 120 hours per fiscal year. Each time an employee is permitted to allow another employee to work in his/her place in accordance with this exchange provision, the number of hours to be exchanged will be counted toward the established limit only for the employee who has been permitted to allow another employee to work in his/her place. D.That the employee working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. E.If the employee agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her appropriate leave account or pay will be charged. F.The employee agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G.Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H.Time exchange is subject to a one hour minimum and at one hour increments. Any premium of acting pay shall be in accordance with this Agreement and Departmental policy. I.Kelly Days may be exchanged between bargaining unit members in the same job classification only. An exception to this restriction may be made if the employees involved and department management all agree to the exchange. Kelly Day exchanges shall not count towards the 120 hours allotted for swaps in a year. J.Bargaining unit members on a Kelly Day shall not be counted towards the total allotted number of employees allowed off for any given day. Section 5. Call-in/Holdover/Court Time A.When an employee is called in to work less than 48 hours prior to the start of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, he/she will be paid a minimum of four hours at the regular rate of pay. The City may require the employee to remain on duty for the duration of the four hour period or for as long as he/she is needed, at the option of the City. The procedures outlined in Article 7, Section 3 of this agreement shall be used to fill positions when a call-in is necessary. All hours actually worked during such call-in shall be counted toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement. Item # 14 12 Attachment number 2 Page 18 of 62 B.When an employee is held over past the end of his/her regularly scheduled shift to perform the duties and responsibilities of an established Fire Department job classification, the time held over shall be paid at the regular rate of pay and shall be counted as time worked toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement. The City may require the employee to remain on duty until a relief employee arrives, in order to maintain staffing levels when the absence of such employee or employees would result in the removal of a unit or units from service. The holdover provision above will be utilized only until the position can be filled by use of the overtime procedures outlined in Article 7, Section 3 of this Agreement. C. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his/her employment shall receive a minimum of two hours pay if such attendance is during the employee's off-duty hours. This time will be paid at the regular rate of pay and will be counted as hours worked toward the calculation of overtime. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. D. Leave with pay will be granted for those hours spent by an employee on jury duty that fall during the employee’s scheduled work hours only. The employee will notify his/her Fire Assistant Chief immediately upon learning of selection for jury duty. Scheduled work hours that the employee is released from work with pay for jury duty shall not count as hours worked for the purpose of determining overtime. The employee may be required to provide evidence of jury duty service in order to receive compensation for such hours. E. Employees who participate in meetings or on committees at the request of the City shall have all such time counted as hours worked and shall be paid at their regular rate of pay. The holdover and call-in provisions as outlined in this Section shall not apply to time spent participating in meetings or on City committees. Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. All bargaining unit members on the regularly scheduled shift in the Spring that as a result of Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period. The additional hour not actually worked shall count as hours actually worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours in either of the above instances. Exchanges of on-duty time (swaps) on the affected days shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to credit for the additional hour in the Fall. Item # 14 13 Attachment number 2 Page 19 of 62 Section 7. State EOC/FEMA Initiated Emergency Deployment It is understood that the Department may deploy personnel to render aid and assistance to other jurisdictions in accordance with State EOC and or FEMA initiatives. No bargaining unit employee will be involuntarily assigned to deploy under this paragraph. Such deployments shall not be subject to the call-in provisions as outlined in Section 5 of this Article. Employees subject to such deployments shall not suffer a loss of any regular pay the employee would otherwise have received if not dispatched as a result of the assignment. However, any pay above and beyond the employee’s regular pay shall be based upon and subject to Section 2 of this Article and the reimbursing agency guidelines. Where such guidelines are available, they shall be provided to the employees at the time of assignment. Employees who are deployed in accordance with the provisions above shall be eligible for any applicable insurance, including Workers Compensation, to the extent provided by the plan terms or applicable law for the duration of such deployment. Section 8. Pay Plan Administration A.Promotions: 1. Upon promotion from one classification to a higher level classification, an employee shall be placed into the step number in the higher level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Firefighter would be promoted into Step 6 of the Fire Medic range or a Step 5 Fire Medic would be promoted into Step 5 of the Fire Lieutenant range. Any portion of the promotional increase which, when annualized, exceeds the established pay range maximum shall be paid as a one time lump sum bonus payment, and such employee’s base rate of pay shall be adjusted to the pay range maximum. Under no circumstances will the employee’s promotional base rate of pay exceed the established pay range maximum. 2. A higher level classification shall be deemed to be one having a higher maximum rate of pay. A promoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. B. Demotions: 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, shall be placed into the step number in the lower level classification which is the same as the step number to which he/she is assigned in his/her current classification (for example, a Step 6 Fire Medic would be demoted into Step 6 of the Firefighter range or a Step 5 Fire Lieutenant would be demoted into Step 5 of the Firefighter/Driver-Operator range). Item # 14 14 Attachment number 2 Page 20 of 62 An employee may be allowed, with the prior approval of the Fire Chief, to demote only to a lower level classification for which a position vacancy exists and for which the employee meets the minimum eligibility requirements at the time of demotion. A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. A lower level classification shall be deemed to be one having a lower maximum rate of pay. For non-voluntary, non-disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/she was demoted. 2.An employee who is appointed from layoff from the reemployment list to a position in the department in which he/she previously served shall be paid at the step in the pay range which is equivalent to the step he/she was receiving when he/she was separated and shall be eligible for advancement to the next step when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation. An employee who is appointed from the reemployment list to his/her previous higher level classification after having taken a non-voluntary, non-disciplinary demotion shall be placed into the corresponding step in the higher level classification that is the same as the step number to which he/she is assigned in the current classification and shall maintain his/her annual review date for the purpose of determining eligibility for subsequent annual performance reviews. 3.An employee who is appointed from the reemployment list to a position in another department than that in which he/she was previously employed may be paid at the same step or rate of pay in the pay range as that which he/she was being paid when separated, or any step or rate of pay within the range which is not above the step or rate of pay at which he/she was previously paid. C. Acting Pay 1.Acting pay shall be provided to any employee who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. An employee shall be deemed qualified and shall be required to act in a higher level classification if he/she is on the existing eligibility list, or if he/she is placed on an established “Acting” eligibility list upon being determined, after agreeing to participate in a process to be conducted by the Department, to meet guidelines established by the Department for the higher level classification. The Fire Assistant Chief shall fill Acting assignments when the Department is at or above minimum staffing levels by choosing employees who will result in the least amount of disruption to operations and in accordance with Article 7, Section 3, C. 2. Acting Pay shall be 5% above the employee’s current base rate of pay. 3. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned, transferred, demoted or promoted to any position not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. Item # 14 15 Attachment number 2 Page 21 of 62 Any employee who has elected to be included on the established “Acting” eligibility list may, with 30 days notice, be voluntarily removed from the list. The Department at its discretion may at any time remove an employee from the “Acting” eligibility list. The Department will provide the employee with the reason for removal from the list. Those Paramedic certified employees who are assigned to the non-Paramedic classifications of Firefighter and Firefighter/Driver-Operator, and who elect to voluntarily be removed from the “Acting” eligibility list and no longer be eligible for a Paramedic certification pay differential, shall not be permitted to request reinstatement to the established “Acting” eligibility list for a period of six months from the time they are removed from the list. 4. Acting Eligibility List Shortages In the event the Department determines that an insufficient number of employees are willing or qualified to serve in an Acting capacity for a given job classification, the Union agrees to discuss and, if necessary, negotiate changes or impacts as required by law. This includes but is not limited to changes such as qualification requirements for classifications and promotion, modification of external hiring and employment criteria, modification or elimination of job classifications, or changes to Acting requirements. D. Fair Labor Standards, Section 7(k) Exemption 1.The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a 27-day work cycle for employees in the bargaining unit who work a 106 hour average biweekly schedule. 2.All employees in the bargaining unit with the exception of Fire inspection personnel shall be paid overtime only for all regular hours actually worked in excess of 204 hours during the designated 27- day work cycle. Fire inspection personnel assigned to a 40-hour weekly schedule shall be eligible for overtime for all hours actually worked in excess of 40 hours per work week. Section 9. Promotional Process A.Promotional evaluation announcements will be posted in each station at least 30 days prior to the filing deadline. B.Each announcement of a promotional evaluation shall state: 1. The title of the class for which the eligibility list is to be created. 2. The nature of the work to be performed. 3. The minimum qualifications which may be required for admission to the evaluation process. 4. The general scope of the evaluation process to be used. C.Eligibility for promotional evaluation processes may be restricted to persons employed in designated lower classes and/or in designated organizational units. Item # 14 16 Attachment number 2 Page 22 of 62 D.Disqualification of Applicants The Human Resources Director, on behalf of the City, may reject the application of any person for admission to any evaluation process or refuse to evaluate any applicant or to certify the name of an eligible for appointment if, in his/her opinion, it is found: 1.That the applicant fails to meet the established qualification requirements for the classification. 2.That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. 3.That the applicant has made an intentional false statement as to any material fact, has practiced or attempted to practice deception or fraud in his/her application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. 4.That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/she is applying. 5.That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. 6.Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional evaluation process or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. E.Scope and Character of Evaluation Processes 1.Provisions applying to promotional evaluation processes: a)All promotional evaluation processes shall be competitive. b)All evaluation processes shall be of such character as to fairly determine the qualifications, fitness and ability of applicants to perform the duties of the classification to which appointment is to be made. c)Evaluation processes may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. d)Evaluation processes shall include established criteria for determining a passing grade, score, or mark. Item # 14 17 Attachment number 2 Page 23 of 62 F. Notification of Results Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date of his/her notice of results, request permission from the Human Resources Department to review his/her evaluation results, and will be given reasonable opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request, provided such request is made in writing within 15 days after the last section of the examination is administered and the summary is made available by the vendor. Any costs associated with the summary shall be paid one-half by the employee and one-half by the Fire Department. G. Appeals from Ratings 1.Any candidate who fails to attain status on an eligibility list may, within 15 calendar days from the date of notification of such, notify the Human Resources Director in writing that error, other than error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If upon review, errors other than error of judgment, are found, such errors shall be corrected. In the event such review discloses error affecting other candidates, the other candidates shall also be corrected. 2.An error correction may cause names to be added or subtracted from the eligibility list, however no change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 10. Open and Promotional Eligibility Lists All employees deemed eligible through the evaluation process shall be placed on the appropriate eligibility list for a period of two years from the date of placement on and establishing of such list by the Human Resources Department. The individual dates of initial eligibility shall appear next to the candidates’ names and may differ when concurrent eligibility lists exist. The names of all persons who may be lawfully appointed and who have achieved a passing score on the evaluation process shall be placed on the appropriate eligibility list in the order of their final score without regard to the time of their test. The names of two or more eligibles having the same final score will be arranged in alphabetical order. Section 11. Appointments A.In certifying from an external eligibility list for entry hire positions, the Human Resources Department shall certify an open list of all candidates achieving a passing score on the evaluation process. In certifying from an internal eligibility list for the filling of a promotional vacancy, the Human Resources Department shall certify the names of the candidates in the top five score groups at the time of the certification. Selection from an open or promotional list shall be at the sole discretion of the Fire Chief. Selection criteria shall be developed and may include such factors as seniority, experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications. Item # 14 18 Attachment number 2 Page 24 of 62 B.Selection criteria shall be announced at least 30 days prior to the selection process. C.Selection processes shall be competitive; shall be of such character as to fairly determine the qualifications, fitness, and ability of applicants to perform the duties of the classification to which appointment is to be made; may be written, oral, physical, performance, or a combination of these types; shall include criteria to determine the relative fitness of applicants; and shall not include questions or evaluations framed to be discriminatory in nature. When skills and qualifications are substantially equal, seniority shall prevail in selection determinations for positions within the bargaining unit. D.The Department shall counsel with any eligible employee who is not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified. Section 12. Probation A.A newly hired employee or an employee promoted from a class outside the bargaining unit to a class within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is, for any reason, absent from duty for any reason other than floating holidays or on light duty for an accumulated period equal to two weeks scheduled work hours or more, then all such time shall be added to the probationary period. B.A newly hired employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated. An employee promoted from a class outside the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class as determined by the Fire Chief, shall be returned to his/her position held prior to the promotion or to another position at the same or lower level for which the employee is determined to be qualified, provided there is no cause for dismissal. An employee shall not have access to the grievance procedure regarding the termination during probation. C.An employee promoted from a class within the bargaining unit to a class within the bargaining unit shall serve a probationary period of six months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accumulated period equal to one week scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. D.An employee promoted from a class within the bargaining unit to a class within the bargaining unit who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and his/her return to his/her former position. Item # 14 19 Attachment number 2 Page 25 of 62 Section 13. Light Duty Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical condition may be assigned to light duty. 53-hour weekly schedule employees placed on light duty shall continue to be paid their standard biweekly pay in accordance with Article 7, Section 2. All hours actually worked while in a light duty status shall be counted toward overtime at the end of the FLSA cycle in accordance with Article 7, Section 8, D. Employees who are authorized time off while assigned to light duty shall have the number of hours equivalent to the time off deducted from the applicable leave balance. Employees injured on duty who are approved for light duty shall continue to receive Special Teams pay if applicable. For off duty injuries, Special Teams pay shall cease after 90 calendar days of assignment to light duty. 40-hour weekly schedule employees shall maintain their 40-hour schedule while on light duty. All employees on light duty shall have their medical status reviewed periodically as directed by the City to determine whether maximum medical improvement has been achieved and/or the employee is fit to return to full duty. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited in number and scope at the sole discretion of the Fire Chief. Section 14. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A.Line-of-duty compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B.An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C.The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. D.No line-of-duty compensation under this section shall be allowed for the first seven calendar days of disability (except as provided below); provided, however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is understood that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) Item # 14 20 Attachment number 2 Page 26 of 62 E.The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. F.It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G.The City will provide line-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay with no charge to the employee’s accrued paid leave when an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. The maximum period for which payment may be made under this section shall be 90 calendar days from the date of injury for each injury during the first year of employment, 60 calendar days during the second year of employment, and 30 calendar days during the third year of employment. H.Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. I.Line-of-duty pay shall not be provided from the first day of injury to any employee after the third year of employment. Following the time limits prescribed for the provision of line of duty compensation in paragraph (G) above, employees shall be required to utilize accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employee shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the time of the injury. J.It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division. K.If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. Item # 14 21 Attachment number 2 Page 27 of 62 L. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. The City shall have the right to require the employee undergo a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. M. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. Section 15. EMS Classifications A. The paramedic classifications of Fire Medic and Fire Medic Lieutenant are employees within the City's Fire Department who are appointed by the Department to perform emergency medical services in an emergency medical services program and who have successfully completed and passed a Paramedic training program recognized by the Department and approved by Florida Statute and the Pinellas County Medical Director’s office. A Fire Medic is a classification which is responsible for maintaining EMS equipment and performing emergency medical services on an ALS Unit in the area of medical procedures and patient care in addition to any assigned fire suppression duties. B.The City retains the right to hire qualified external applicants into the Fire Medic job classification, or to offer promotional opportunities to qualified existing bargaining unit or other City personnel. Should the City cease to operate emergency medical services, those employees classified as Fire Medic or Fire Medic Lieutenant shall continue to be employed by the City on the same basis as any other employee in the bargaining unit, provided that employees who are demoted shall have their compensation fixed at the same step in the respective range as that which they are assigned in their classification prior to demotion. C.EMS Status 1. All Fire and Rescue Department employees shall be required as a condition of employment to possess and maintain the appropriate EMS certifications in accordance with their respective job description. It shall be each individual employee’s responsibility to ensure that all requirements are met to maintain the active status of his/her respective applicable required EMS certification. The Department shall provide opportunities for employees to meet such requirements during work hours, but employees who are unable to take advantage of such opportunities due to absence or operational demands shall not be required to make arrangements for attending to the requirements on their own. The following bargaining unit members shall be exempt from the above requirement to possess and maintain the applicable EMS certifications: Jones, Michael Langevin, Steven Item # 14 22 Attachment number 2 Page 28 of 62 Employees assigned through initial hire or promotion to the classifications of Fire Medic and Fire Medic Lieutenant are required to maintain the appropriate Paramedic certifications as determined by the Department as a condition of continued employment. Depending on the staffing level of Department Paramedic positions and the availability of vacancies in non-Paramedic positions, Fire Medics and Fire Medic Lieutenants may be permitted to voluntarily demote to non-Paramedic positions for which they are determined by the Department to be qualified, with the corresponding reduction in pay in accordance with Article 7, Section 8. Approval of such demotions shall be at the sole discretion of the Fire Chief. If voluntary demotion is not approved by the Fire Chief and there is no other vacant position in the City for which such an employee is deemed by the City to be qualified, the employee may be subject to applicable provisions of the City’s policies and procedures, including involuntary demotion or layoff. The City reserves the right to hire into the classification of Fire Medic new employees who possess the appropriate Paramedic certifications, and to require that such certifications be maintained as a condition of continued employment. 2.Employees who have their required EMS certifications revoked by the State of Florida or the Office of the Pinellas County Medical Director, and who appeal the action within the established timeframe through the appropriate administrative procedure, shall be maintained as employees in the Clearwater Fire and Rescue Department until a Final Order is rendered by the Division of Administrative Hearings. Said date shall not include any further appellate proceedings by the employee. Such employees who do not take advantage of this appeal procedure, or who do not have their EMS certifications fully reinstated through this procedure, shall be required to find alternate employment within the City or shall be subject to layoff 30 days from the date of the Final Order of the Division of Administrative Hearings, not including any further appellate proceedings by the employee, and shall be placed on the reemployment list for a period of one year from the date of the layoff. The Fire Chief shall have the discretion to not institute layoff based on individual circumstances, and such decisions shall be considered by the parties to be non-precedent setting. The actions of the City pursuant to this Paragraph shall not be subject to the grievance and arbitration/appeal procedure under this Agreement or under the Civil Service Rules. 3.The Fire Department and all bargaining unit members shall comply with Florida Statutes and the Pinellas County EMS Rules and Regulations regarding Quality Assurance and ACLS and BTLS certification. The decisions of the County Medical Director in such matters shall not be subject to the City grievance procedure but shall be addressed through the appropriate appeals procedure. 4.The demotion of an employee required to possess an EMS certification shall not be subject to the contractual grievance procedure or Civil Service appeal procedure when the demotion or removal of pay is based upon loss of EMS certification due to action taken by the office of the Medical Director of Pinellas County or by the State of Florida. 5.The demotion of an employee required to perform EMS services or the removal of Paramedic certification pay shall be subject to the contractual grievance procedure or the Civil Service appeal procedure only if such demotion or removal of pay is the result of a disciplinary action not related to the above referenced loss of EMS certification. Item # 14 23 Attachment number 2 Page 29 of 62 6.The Arbitrator shall not have the power to substitute his/her judgment for that of the Department, the Medical Director, or the State of Florida with whom EMS personnel work in relation to performance of employees to the standards of excellence desired by the City, the Medical Director, or the State of Florida. D.The parties agree that Fire Medics and Fire Medic Lieutenants are healthcare professionals but shall not be considered “professional” employees within the meaning of the Florida Public Employees Relations Act. E.If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. Section 16. Firefighter/Driver-Operator A. Classification The classification of Firefighter/Driver-Operator shall be for those employees within the Fire Department who are the drivers and operators of the following type vehicles: Fire Engines, Aerial Apparatus (including operation of the tiller), and Squad. B. Appointments All Firefighter/Driver-Operator positions shall be filled by a competitive eligibility and selection process. All employees who successfully complete the eligibility determination process shall be eligible for consideration in the selection process. The minimum qualifications shall be in accordance with the respective City job description. C.Wages All employees shall receive pay in accordance with Appendix A. Section 17. Work Rules and Prevailing Rights A.It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. B.Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. Item # 14 24 Attachment number 2 Page 30 of 62 C.Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide twenty calendar days notice for the Union to identify any bargaining as required in accordance with Florida Statutes, Chapter 447. If requested by the Union, the change will be referred to the next Labor/Management Committee meeting, which shall be scheduled within 14 calendar days to meet and discuss such change. If the Union provides no response, the rule will be implemented after the initial twenty-day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. D.All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under Paragraphs A, B and C of this Section or as expressly provided elsewhere in this contract or by law. . Section 18Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or rescue services shall not be deemed subcontracting. Section 19. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 20. Sports Participation in sporting activities while on duty shall be permitted in accordance with Fire Department SOP/SDP. Section 21. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. Section 22. Physical Examination A.Employees covered by this labor agreement shall be required to undergo an annual physical examination during their month of hire each year after the year of hire. Item # 14 25 Attachment number 2 Page 31 of 62 B.The employer shall bear the cost of each examination. Additionally, 53 hour schedule employees shall be provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour schedule employees may attend their physical during on-duty hours with no loss of pay. The results of these physicals shall be made available to the City and to each employee upon completion of the physical and shall be maintained as confidential medical records in accordance with law. The Department shall post the name and phone number of the facility where the physical shall be administered. Physicals shall include but not necessarily be limited to the following: 1.12 Lead EKG – (Stress, where indicated and at discretion of examining physician). 2.SMA Profile 12 (liver, blood sugar, etc.) 3.Chest X-Ray 4.Complete Blood Count 5.Urinalysis 6.Rectal Cancer Exam (optional for employee) 7.Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8.Breast/Cervical Cancer Exam (Females – optional for employee) 9. Audiometric Evaluation 10. Spirometry (Pulmonary Function) 11. Titers for Hepatitis A and B C.The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co- pay cost for any preventive inoculation or immunization shots an employee may receive from his/her City primary care physician. D. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. The City shall provide free access for all bargaining unit members to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is entirely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. E.The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. F.The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. Item # 14 26 Attachment number 2 Page 32 of 62 Section 23. Residency Requirement All bargaining unit members who commenced employment in the Fire Department on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco, Manatee, and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. Section 24. Tobacco Product Usage No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member hired in the Fire Department on or after December 15, 1985, as a condition of employment and their continued employment within the fire service. In addition, all bargaining unit members will comply with the City’s Tobacco Usage Policy. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. Section 25. Station Assignments The Fire Chief will pursue development of an administrative policy that creates a station bid system which meets the Department’s operational needs and considers bargaining unit members’ seniority, and will meet and consult with the Union in that development. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. The following holidays shall be observed: New Year's Day Veterans' Day Martin Luther King Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Holiday pay for the above listed holidays will be paid at the employee’s current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee’s current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. 40-hour per week schedule fire inspection personnel shall not work on designated holidays unless directed to do so by the Fire Marshal or his/her designee. Fire prevention inspection personnel who are required to work on a designated holiday shall receive time-and-one-half their regular pay for all hours actually worked or 4 hours minimum, whichever is greater, on the holiday in addition to the holiday pay described above. When a City-observed holiday falls on a Saturday, the preceding Friday shall be the designated holiday for fire prevention inspection personnel. When a City-observed holiday falls on a Sunday, the following Monday shall be the designated holiday for fire prevention inspection personnel. Designated holidays which fall on a fire prevention inspection employee’s regularly scheduled work day shall count as hours actually worked for the purpose of calculating overtime. Item # 14 27 Attachment number 2 Page 33 of 62 B.In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays.” Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for such day if he/she does not work that day, but shall not receive additional compensation. Any day for which an employee is not scheduled to work may not be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: 1.No employee may utilize floating holidays until 30 calendar days after the date of hire. 2.Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 31 shall receive 25% of floating holiday to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of hire. 3.Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Paragraph D of this Section. 4.After the year of hire, employees shall receive four “floating holidays” each calendar year. 5.Upon an employee's separation from the City, the employee may receive a lump sum payment for any remaining floating holiday balance per Paragraph D of this Section, or the remaining floating holiday balance may be used to advance the employee’s date of retirement. C.Floating holidays will be selected in reverse seniority after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. This notice will be given to the Fire Assistant Chief for approval based on vacation selection criteria. This permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. D.If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before November 15th to receive 24 hours of regular pay for 53-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the payroll period which includes December 1st. Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be approved for payment each year. Item # 14 28 Attachment number 2 Page 34 of 62 E.Each calendar year, members of the bargaining unit may elect to take one floating holiday as “Personal Leave Time.” This personal leave day may be broken into blocks of 4 hours and will be taken in 4- hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/she may make a written request to the Fire Chief on or before November 15th to receive pay for such remaining blocks, payable in the subsequent payroll period which includes December 1 st. Section 2. Vacations A.Accrual of Vacation Leave 1.Vacation leave shall be granted for all full time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. For newly hired employees, such vacation shall be prorated for the year of hire according to the following schedule: 53 Hour Weekly Schedule Employees January/February Hire Date ...................................................................... 6 Duty Days March/April Hire Date ............................................................................... 5 Duty Days May/June Hire Date.................................................................................... 4 Duty Days July/August Hire Date ................................................................................ 3 Duty Days September/October Hire Date ................................................................. 2 Duty Days November/December Hire Date ................................................................ 1 Duty Day 40 Hour Weekly Schedule Employees January/February Hire Date ............................................................................ 80 Hours March/April Hire Date ..................................................................................... 64 Hours May/June Hire Date.......................................................................................... 48 Hours July/August Hire Date ...................................................................................... 32 Hours September/October Hire Date ....................................................................... 24 Hours November/December Hire Date .................................................................... 16 Hours Thereafter, employees shall be deemed to have earned and be eligible for vacation accrual each January. As such, employees on the shall accrue paid vacation as 53-hour weekly schedule follows: Item # 14 29 Attachment number 2 Page 35 of 62 Year 1 1 year anniversary of Hire Pro-rated Days Year 2 January following 1 year anniversary of Hire 6 Duty Days Year 3 Following January 6 Duty Days Year 4 Following January 7 Duty Days Year 5 Following January 7 Duty Days Year 6 Following January 7 Duty Days Year 7 Following January 8 Duty Days Year 8 Following January 8 Duty Days Year 9 Following January 8 Duty Days Year 10 Following January 8 Duty Days Year 11 Following January 9 Duty Days Year 12 Following January 9 Duty Days Year 13 Following January 9 Duty Days Year 14 Following January 9 Duty Days Year 15 Following January 10 Duty Days Year 16 Following January 10 Duty Days Year 17 Following January 10 Duty Days Year 18 Following January 11 Duty Days Year 25 and higher Following January Thereafter 12 Duty Days Employees on the shall accrue paid vacation as follows: 40-hour weekly schedule Year 1 1 year anniversary of Hire Pro-rated hours Year 2 January following 1 year anniversary of Hire 80 hours Year 3 Following January 88 hours Year 4 Following January 96 hours Year 5 Following January 104 hours Year 6 Following January 112 hours Year 7 Following January 120 hours Year 8 Following January 128 hours Year 9 Following January 128 hours Year 10 Following January 128 hours Year 11 Following January 136 hours Year 12 Following January 144 hours Year 13 Following January 152 hours Year 14 Following January 152 hours Year 15 Following January 152 hours Year 16 and higher Following January Thereafter 160 hours 2. The vacation year shall be the calendar year. 3. Vacation leave granted in January is deemed to have been earned during the previous calendar year. 4. All unused vacation balances are forfeited at the end of the calendar year, except as determined by the Fire Chief. Item # 14 30 Attachment number 2 Page 36 of 62 B.Use of Vacation Leave 1.The use of vacation leave shall be authorized in accordance with Fire Department Regulations. Vacation leave shall be utilized in full day increments only, except when operational demands require an employee to work part of a day for which vacation leave has been previously approved. For 53 hour schedule employees, a maximum of seven employees shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays. For 40 hour schedule employees, including Fire Prevention Inspectors and 53 hour schedule employees provided with Light Duty assignments, the Department shall determine the number of employees who may be permitted leave use in accordance with operational demands. 53 hour schedule employees who are provided a 40 hour Light Duty schedule shall not be denied the use of previously approved vacation leave, provided they notify the Fire Chief prior to the beginning of the Light Duty assignment of their intent to utilize the previously approved vacation leave. However, should such employees elect to not utilize previously approved vacation leave while on the 40 hour schedule, they shall be responsible for the subsequent scheduling of the days within the available slots or will risk losing the days. 2.The borrowing of vacation time prior to its accrual is prohibited. 3.There is no advancing of vacation pay. 4.New employees may not take vacation until they have completed one year of continuous service. 5.If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6.An employee who has more than 90 calendar days of unpaid leave shall receive no vacation leave for that calendar year. 7.Scheduling of Vacation a)Bargaining unit members will be contacted in the order of department seniority for the selection of vacation. Vacation days may be picked in either a 3- or 6- duty day block for 53 hour schedule personnel or a 5- or 10- duty day block for 40 hour schedule personnel the first time through. A block, as published on the vacation schedule issued by the Department, shall consist of a designated 3 or 6 duty day grouping beginning and ending with 4 days off for 53 hour schedule personnel, or a designated 5 or 10 duty day grouping beginning and ending with a weekend for 40 hour schedule personnel. When a Kelly Day occurs within a duty block selected for vacation by a 53-hour schedule employee, vacation leave will only be charged for the actual duty days and not for the Kelly Day. After all personnel have been contacted for their first pick, the second round will begin. All 53 hour schedule personnel who have selected a 3-day block and all 40 hour schedule personnel who have selected a 5-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round. Item # 14 31 Attachment number 2 Page 37 of 62 b)After all personnel have been provided the opportunity to pick their primary six or ten days of vacation in blocks, employees will be permitted to submit requests to use any bonus days for 25 years of service, floating holidays, and sick leave incentive days. All personnel will be contacted by reverse seniority for the choosing of bonus days, floating holidays and sick leave incentive days. c)Should employees elect to pass on choosing any days during the vacation selection process above, they shall be responsible for the scheduling of their remaining days, which may be selected in 24-hour increments. 48-hours notice shall be required for the request to utilize such days, however the Fire Chief or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. If the employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays may be submitted for pay in accordance with this Agreement. Additional vacation days will be lost or can be donated to the Department leave pool. However, no employee shall be permitted to donate more than three days of leave per year to the pool. d)All vacation days not submitted are subject to forfeit in accordance with the above except by permission of the Fire Chief. e)The linking of scheduled days for 53 hour schedule personnel shall not exceed 9 consecutive duty days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the employee is on duty. If this cannot be done, then it is the employee’s responsibility to complete the required training on his/her own time. f)The changing of sick leave incentive days for previously used floating holidays is not allowed. g) When an employee is assigned to a different shift or changes job classification after his/her vacation selection has been completed and approved by the Department, the employee may request to maintain the previously selected vacation or may request alternate vacation days instead. The Department will attempt to accommodate such requests as staffing levels and operational requirements permit. C.Payment and Accrual During Military Leave 1.An employee granted an extended military leave of absence in accordance with the City Emergency Military Leave Policy shall be permitted to be paid any portion or all of his/her accrued vacation leave when the employee begins the extended military leave. 2.An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law. Item # 14 32 Attachment number 2 Page 38 of 62 D.Conversion To Sick Leave or Funeral Leave During Vacation Leave 1.The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill while the employee is on vacation leave. 2.The employee may request that vacation leave be changed to funeral leave provided the request is consistent with the article on Funeral Leave. 3.Requests for such changes must be made in writing to the Fire Chief or designee within 72 hours of the employee’s return to work. E.Payment of Unused Vacation Leave 1.Payment of unused vacation leave and banked vacation hours will be paid at the employee’s current base rate of pay upon separation of the employee, provided the employee has more than one year of continuous service, or such hours may be utilized to advance the date of retirement. 2. When a bargaining unit member is required to work a partial day on any day that he/she has previously been approved for vacation leave, the employee’s vacation leave balance shall not be charged for the hours worked and such hours worked shall be paid at the overtime rate of pay but shall not be subject to the minimum hours assigned to holdover or call back in accordance with this Agreement. Should the number of vacation hours not charged due to such circumstances equal twelve hours or more, the employee shall be permitted to request to use the portion of such hours equaling a twelve hour block in accordance with Paragraph B.,7. above. The employee shall be permitted at the end of the calendar year to request payment for any remaining balance of less than twelve vacation hours not charged due to having worked a partial day, in accordance with the established provision for the payment of floating holidays as outlined in this Agreement. F.Banking of Vacation 1.The practice of banking vacation for retirement shall be limited to 240 hours for 53 hour schedule employees and 172 hours for 40 hour schedule employees. Section 3. Sick Leave A.Accrual Rate 1.Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Biweekly Total Accrual Rate Hours HoursHours Per PayCapped 106 134.42 5.170 2184.00 80 96.01 3.693 1560.00 2.The number of yearly pay periods sick leave is accrued is 26. Item # 14 33 Attachment number 2 Page 39 of 62 B.Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no-loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when they are in a non-paid status or utilizing “retirement advancement”. C.All accumulated unused sick leave shall be credited to any employee recalled from a lay off, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D.In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E.Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: MinutesTenths of an Hour 1 - 6 .1 7 - 12 .2 13 - 18 .3 19 - 24 .4 25 - 30 .5 31 - 36 .6 37 - 42 .7 43 - 48 .8 49 - 54 .9 55 - 60 1.0 F.Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1.Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. 2.Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3.Due to medical or dental appointments, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. Item # 14 34 Attachment number 2 Page 40 of 62 4.Due to illness of a member of his/her immediate family which requires his/her personal care and attention. The term "Immediate Family" as used in this paragraph shall mean parents, stepparents, children, stepchildren, grandparents, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife, or other relative who is a member of the immediate household. Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is defined above). 5.If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accumulated sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H.Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid one-half of his/her accumulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The employee may request that one-half the payment for unused sick leave be made at separation and one- half the payment be made in the first payroll period in the next calendar year. The employee qualifies for payment if: 1.The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers’ Compensation shall not be deducted from continuous service; or 2.The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs; or 3.The employee’s estate shall receive payment if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. Item # 14 35 Attachment number 2 Page 41 of 62 An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. I.An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. J.Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K.The employee may be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted when requested by the Department Director. L.An on-duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his/her accumulated unused sick leave, only that portion of his/her regular rate of pay (see Article 9, Section 4) which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. M.The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. N.Sick Leave Incentive Program 1.Following any full payroll calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee’s current base hourly rate of pay. Item # 14 36 Attachment number 2 Page 42 of 62 2.Following any full payroll calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee’s current base rate of pay. 3.Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave Incentive eligibility notification or shall have no sick days converted. O.Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1.The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. 2.A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. a)The committee shall consist of three members designated by the bargaining unit, one management employee designated by the Fire Chief, and one management designee of the City Manager. b)The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. c)The committee's decisions are final and are not grievable. 3.Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January. a)No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. This shall be limited to one time per year; however, the 3-day donation limit shall not be modified. b)All donations of pool leave time must be in full-day increments based on the employee's full- time, regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c)Donations of pool leave time are . irrevocable d)No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. Item # 14 37 Attachment number 2 Page 43 of 62 4.When pool leave time is authorized by the committee for use by an employee, it shall be on a day- for-day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5.Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A.53-hour schedule employees shall be allowed up to three consecutive shifts off with pay and 40-hour schedule employees shall be allowed up to four consecutive duty days off with pay in the event of a death in the immediate family which shall be limited to spouse, or the employee’s or employee’s spouse’s child, parent, brother, sister, grandparent, grandchild, stepparent,or stepchild. This is not chargeable to sick leave. B.53-hour schedule employees shall be granted up to two consecutive shifts off with pay and 40-hour schedule employees shall be allowed up to three consecutive duty days off with pay in the event of a death in the extended family, specifically defined as step-brother or step-sister. This leave is chargeable to sick leave. The Fire Chief may grant funeral leave to employees for the death of other household members. C.Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the Fire Chief or his/her Fire Assistant Chief of such intent as soon as possible. Section 5. Absence Without Leave A.Any employee who is absent from duty for two consecutive work days for 53-hour schedule employees and three consecutive work days for 40-hour schedule employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B.The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave, with or without pay, shall be deemed an absence without leave. Section 6. Time Off From Duty A.An employee may be granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. Item # 14 38 Attachment number 2 Page 44 of 62 1.Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exams which will get first priority. 2.Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 3.The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one month's written notice is given to the Fire Chief. B.The Union may, upon request, be allowed up to 400 duty hours per fiscal year to be excused for Union business, conferences, training, and Executive Board meetings pertaining to the City of Clearwater. Any such request must be initiated in writing to the Fire Chief or designee, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not less than four-hour increments. Absences for Union time excluding the Union president/designee shall count toward the total number of seven employees permitted to be absent for personal leave on any given shift. Any unused portion of the balance is to be carried over into the next contract year. Any use of City facilities for Union–related business shall require written request at least 48 hours in advance to the Fire Chief, which may be granted or denied at his/her sole discretion. Executive Board members only shall be permitted to conduct/attend Executive Board meetings while on duty with no charge to the aforementioned Union time, with the prior approval of the Fire Chief or his/her designee, provided 48 hours notice is given, and further provided that such meetings will cause no adverse impact to Department operations. Off-duty Executive Board members shall not be eligible to receive any compensation for time spent attending such meetings. Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. Item # 14 39 Attachment number 2 Page 45 of 62 Section 7. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to any one employee is a total of 90 calendar days for the duration of this contract. ARTICLE 9 WAGES AND COMPENSATION Section 1. Pay Schedule The pay schedule shall be in accordance with Appendix A Effective for the beginning of the payroll period following approval of this Agreement by the City Council, pay ranges for all classifications shall be adjusted by 2.5%, and the City shall provide a 2.5% general wage increase for all employees effective as of October 1, 2010. Effective for the period from October 1, 2010 through September 30, 2011, employees shall not be advanced in Step as provided for in Section 2 of this Article. Employees who were advanced in Step from October 1, 2010 through the effective date of this Agreement shall be returned to their prior Step number with no overall loss of pay earned from the time of their Step advancement to the effective date of this Agreement. Time served during the period from October 1, 2010 through September 30, 2011 shall not be counted toward any future Step advancement. Effective for the beginning of the payroll period that includes October 1, 2011, pay ranges for all classification s shall be adjusted by 2.5%, and the City shall provide a 2.5% general wage increase for all employees. Effective for the period from October 1, 2011 through September 30, 2012, employees shall not be advanced in Step as provided for in Section 2 of this Article. The time period from October 1, 2011 through September 30, 2012 shall not be counted toward any future Step advancement. Effective for the period from October 1, 2012 through September 30, 2013, employees shall not receive a general wage increase but shall be advanced in Step in accordance with the provisions of Section 2 of this Article. Time counted toward Step advancement shall commence from the date of the respective employee’s last Step advancement, shall exclude the time period from October 1, 2010 through September 30, 2012, and shall resume October 1, 2012. Any further step advancements after September 30, 2013 will be dependant upon and subject to negotiations in any successor Agreement. Section 2. Pay Schedule Format: Merit Step Increases A.The classes of Firefighter, Firefighter/Driver-Operator, and Fire Medic shall have twelve merit steps. The classes of Fire Prevention Inspector, Fire Lieutenant, and Fire Medic Lieutenant shall have nine merit steps. Merit steps two through six shall provide for approximately a 5% increase over the preceding step, and merit steps seven through twelve shall provide for approximately a 2-1/2% increase over the preceding step. B.Pay increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay schedule increases shall be as follows: Item # 14 40 Attachment number 2 Page 46 of 62 Appointment and Merit Step Review and Advancement: Original appointment or promotion Step 1 At the end of one year of satisfactory service in Step 1. Step 2 At the end of one year of satisfactory service in Step 2. Step 3 At the end of one year of satisfactory service in Step 3. Step 4 At the end of one year of satisfactory service in Step 4. Step 5 At the end of one year of satisfactory service in Step 5. Step 6 At the end of one year of satisfactory service in Step 6. Step 7 At the end of one year of satisfactory service in Step 7. Step 8 At the end of one year of satisfactory service in Step 8. Step 9 At the end of one year of satisfactory service in Step 9. Step 10 At the end of one year of satisfactory service in Step 10. Step 11 At the end of one year of satisfactory service in Step 11. Step 12 If an employee's evaluation by management is rated satisfactory or higher, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in Section 3 below. C. Step advancement shall be suspended for the period from October 1, 2010 through September 30, 2012, and shall resume for the period from October 1, 2012 through September 30, 2013. Any further step advancements after September 20, 2013 will be dependant upon and subject to negotiations in any successor Agreement. Section 3. Merit Step Review - Increases and Delay or Denial Employees who receive a merit eligibility evaluation rating of Satisfactory or higher shall be advanced as provided in Section 2 above. Employees who receive a merit eligibility evaluation rating of less than Satisfactory shall not be granted a merit step advancement. Such employees shall be reevaluated after three months and if then rated satisfactory, shall be granted a merit step adjustment as of the date of the three-month follow-up evaluation. The effective date of the increase shall be utilized for the purpose of determining eligibility for future merit evaluation review and advancement to the next higher step. If the initial three months follow-up evaluation rating is still less than Satisfactory, the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit step adjustment as of the end of that second three-month follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for future merit evaluation review and advancement to the next higher step. If the employee is rated less than Satisfactory on the second three-month follow-up evaluation, no merit step advancement shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Satisfactory. Item # 14 41 Attachment number 2 Page 47 of 62 Section 4. Rates of Pay A.Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule. B.Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. C.Overtime is defined as one and one-half times an employee’s regular rate of pay. Section 5. Annual Personal Resource Allowance A.All members of the bargaining unit who are actually working shall be provided an annual allowance of $1,000 per year, which shall be utilized to cover (1) the costs of purchasing and laundering coat, shirts, pants, jumpsuit, and bed linens, (2) the replacement of personal items such as glasses, watches, hearing aids, etc., and (3) time spent attending the annual physical, except for 40-hour schedule personnel who shall attend on duty, but shall still receive the allowance. B.Effective January 1, 2012, all members of the bargaining unit who are actually working on January 1 st of each year shall be provided an annual allowance of $440 per year, less applicable withholding, which shall be utilized to cover the costs of purchasing and laundering Department issued clothing and for time spent attending the annual physical, except for 40-hour schedule personnel who shall attend the annual physical on duty, but shall still receive the allowance. C.An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal resource allowance. D.The annual resource allowance shall be paid on a quarterly basis to eligible bargaining unit members who are actually working at the time of the quarterly payment, and shall reflect the appropriate amounts subject to withholding and not subject to withholding for tax purposes. Section 6. Mileage Reimbursement A.For each move a member of the bargaining unit is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation. B.The mileage reimbursement rate shall be consistent with City Policy. C.This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two Fire Stations. D.Written requests for mileage reimbursement must be made to the Fire Chief's office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. E.The Department will post a reminder notice at least 30 days prior to September 15. F.The money shall be paid by September 30 of each year. Item # 14 42 Attachment number 2 Page 48 of 62 G.In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. Section 7. Special Teams Any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive twenty- five dollars per payroll period in addition to the current base rate of pay. Bargaining unit members who meet the current certification guidelines set forth by the Fire Chief and are assigned as team leaders shall not receive the Special Team pay as described above, but shall instead receive thirty five dollars per payroll period in addition to the current base rate of pay. Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: Dive Team – 6 per shift plus one team leader Technical Rescue Team – 8 per shift plus one team leader Emergency Response (SWAT) Team – 4 per shift plus one team leader Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following: Dive Team Coat/Jacket 1 Jump Suit 1 Swim Trunks 1 Tee Shirt 1 Shorts 1 Technical Rescue Team Tech Shirt 3 Tech Pants 3 S.W.A.T. Team Shirt 2 Pants 2 An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. Item # 14 43 Attachment number 2 Page 49 of 62 Section 8 EMS Wages A.All employees shall receive pay in accordance with Appendix A. B. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic, and who agree in writing to be willing to serve in an acting capacity as a Fire Medic or to be assigned as a Paramedic on an ALS unit when called upon by the Department to do so, shall receive a Paramedic certification pay differential of $100.00 per payroll period. Such employees shall be eligible to receive Acting Pay in accordance with Paragraph D below in addition to the biweekly certification pay. Such employees who elect to receive the Paramedic certification pay differential shall be required to provide written notice of their intent to no longer be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby no longer receive the $100.00 per payroll period certification pay differential at least 30 calendar days prior to the end of the payroll period in which they wish to effect the change. Upon the effecting of such requests by the Department, the affected employees shall not be eligible to receive the Paramedic certification pay differential for a period of six months. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver- Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic and who do not agree to be willing to serve in an Acting capacity as a Fire Medic or as an assigned Paramedic on an ALS unit and thereby not receive the $100.00 per payroll period certification pay differential shall be eligible to elect to be assigned as a Paramedic to an ALS unit on a voluntary basis, and when so assigned on an ALS unit shall be compensated in accordance with paragraph D below. C. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, or Fire Lieutenant who are state and county certified as an E.M.T. or Paramedic, and who are not receiving Acting pay, and who are assigned as a Paramedic on an ALS unit will receive assignment pay of 5% above the employee’s current base rate of pay for all hours served on the ALS unit. D. The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and Paramedic certifications. Section 9. Training and Tuition Refund A. Members of the bargaining unit shall be entitled to participate in a tuition reimbursement program provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or Fire District Chief where department policy will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty and off-duty time. B. The tuition refund for members of the bargaining unit shall be up to $1,000 per year for each year of the agreement. However, if classes taken by a bargaining unit member pertain to an advanced degree program (Masters degree or higher), then up to $1,500 of tuition paid for such classes shall be reimbursable. Item # 14 44 Attachment number 2 Page 50 of 62 C. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any obligation to the City under FLSA. D. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. E. The City shall provide and maintain reasonable training grounds and facilities. F.The City agrees to pay the tuition only for classes required as part of a State of Florida Paramedic certification program for up to one bargaining unit member per shift or 3 members total, whichever is greater, for each year of this Agreement provided that the classes are offered in such a manner that the employees may attend the classes during non-duty hours, and such class hours shall not be counted as hours worked. Should such classes not be available in a manner that the employees may attend during non-duty hours, the Fire Chief in his/her sole discretion shall determine whether to release the employees from duty for only the hours necessary to attend the classes. In such case, the employees shall be expected to serve the remaining hours of any shift for which they are scheduled. Any prerequisite classes necessary to participate in a State of Florida Paramedic certification program shall only be subject to the tuition reimbursement provisions outlined in Paragraphs A-D above and in accordance with established Department guidelines to determine whether or not the class hours constitute compensable time. Any existing employee who obtains a State of Florida Paramedic certification through the process outlined in this Section shall be required to comply with the requirements necessary to obtain and maintain certification as a Paramedic in Pinellas County, and shall be required to remain with Clearwater Fire and Rescue and serve as a Fire Medic when called upon to do so for a period of five years or shall be subject to repayment of any costs incurred by the Department for such classes. Should an employee voluntarily leave the department or be permitted to voluntarily demote to a non- paramedic classification in accordance with this agreement before the end of the five year period, the amount of such repayment shall be prorated by 3-month increments with the employee being required to pay the prorated amount corresponding to the number of remaining full 3-month periods not served. Section 10. Clothing and Equipment A. The City shall continue to provide the initial clothing and protective devices currently supplied, or their equivalent, and initial safety equipment currently supplied, without cost to the employee. Employees shall be required to wear or use the clothing or other items provided unless a suitable replacement as determined and approved in advance by the Department is provided by the employee at the employee’s own cost. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the value of the lost or abused equipment, as determined by the Fire Chief. Item # 14 45 Attachment number 2 Page 51 of 62 B. The following equipment will be supplied initially to each employee: Item Quantity Coat or Windbreaker 1 (employee option) Pants 5 (F.P.I. 8) Class A Shirts 3 (F.P.I. 7) (long sleeve @ employee option) T-Shirts 5 Shorts 2 Sweatshirt 1 Jumpsuit 1 Badge 1 Nametag 1 Collar Insignia (set, as necessary) 2 Blanket 1 (F.P.I. 0) Pillow 1 (F.P.I. 0) Bunker Coat 1 Bunker Pants 1 Helmet 1 Firefighting Boots (pair) 1 Firefighting Gloves (pair) 1 Air Mask/Personal Regulator 1 each Nomex Hood 1 Suspenders 1 City and County ID 1 each Flashlight 1 Personal Escape System 1 Steel Toed Uniform Shoes 1 pair All employees will be provided an initial issue of any new items in addition to those on the list above when such items are required by the Department. Equivalent variations of clothing items on the list above, such as coats, shirts, and pants, may be provided by the Department to all newly hired employees and shall be available to existing incumbent employees through the use of the personal resource allowance as defined in this Agreement. C. The following items and any new items, if issued in accordance with this Section, shall be returned to the Department before an employee leaves the service of the Department either by termination, resignation, retirement, etc. Should any such items not be returned, the City shall withhold from the employee’s final paycheck an amount sufficient to reimburse the City at a pro-rated replacement cost of the equipment. Item # 14 46 Attachment number 2 Page 52 of 62 Item Quantity Badge 1* City and County ID 1 each as applicable Collar Insignia (set, as necessary) 2 Bunker Coat 1 Bunker Pants 1 Helmet 1* Firefighting Boots (pair) 1 Air Mask/Personal Regulator 1 each Flashlight 1 Personal Escape System 1 *(to be mounted and/or returned to employee upon request in accordance with the current practice if separation is due to retirement) Any such equipment which becomes worn or unserviceable through no fault of the employee shall be replaced when returned to the Department. D. Employees shall be provided an allowance for the replacement of coat, pants, shirts, and jumpsuit which may become worn or unserviceable in the course of duty. The Fire Department in conjunction with the Union shall publish annually a list of vendors and the specifications and each employee shall be responsible for the replacement of coat, pants, shirts, and jumpsuit. E. The Department shall issue and maintain uniforms and equipment to personnel it determines necessary in order to provide an Honor Guard presence as the City deems appropriate and subject to the availability of funds. It is understood that the decision whether to have an Honor Guard, and who shall be designated to participate, rests with the Fire Chief in his sole discretion. Any items issued to Honor Guard personnel shall remain the property of the Department and shall be returned upon separation in accordance with Paragraph C of this Section above. Section 11. Standby A. Fire Prevention Inspectors who are assigned to remain in a standby status while not on duty shall be paid at the following rates during the term of this agreement: Monday through Friday $30.00 per night Weekends $35.00 per day Extended Time During Designated Holidays $40.00 per day B. Standby assignments are mutually exclusive of call-in and holdover provisions of this agreement. Nightly standby (Monday – Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at the time which would be the employee’s normal starting time on Saturday and shall conclude at the beginning of the employee’s regular workday on Monday (48-hour period). Extended Time During Designated Holiday shall apply when an employee assigned to standby continues in standby assignment for an 8-hour extended period on a designated holiday. In addition to the above, an employee who is called out to work while on nightly or weekend standby duty shall be credited with one hour work time or the actual hours worked during the entire standby period, whichever is greater. Item # 14 47 Attachment number 2 Page 53 of 62 C. The Department retains the discretion but is not required to assign a take-home vehicle to Fire Prevention Inspectors who are subject to standby. Section 12.Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated, to be issued to employees both on-coming and off-going shift at their assigned station. Until the checks or vouchers are issued to the employees, they shall be secured at a location at each station. Effective 60 calendar days following the date of approval of the Agreement by the City Council, employees shall be required to elect to receive the entirety of the pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees may elect to change from one payment medium to the other at any time provided written notice of fourteen calendar days is given to the City’s Payroll division. ARTICLE 10 INSURANCE Section 1. Life Insurance All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be free and without prejudice and of the employee’s choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. Effective 120 calendar days following approval of this Agreement by the City Council, the City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of 120 calendar days following approval of this Agreement by the City Council may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re- enroll in this benefit again at a later date. Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of- kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the I.A.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent information from the present carrier. Item # 14 48 Attachment number 2 Page 54 of 62 The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Council. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Council to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Any information received by either party from the consultant or from another carrier will be shared with the other party. ARTICLE 11 PERFORMANCE AND DISCIPLINE The City and the Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness. The system may be modified from time to time to better meet the needs of the employees and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employees have the right to Union representation any time they believe a meeting may lead to disciplinary action. The City-wide and Fire Department standards shall be in writing. The Union will provide input as the standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the Fire Department maintain the right to change the process. The City recognizes that members of the Fire Department are protected by the “Firefighter Bill of Rights” and any disciplinary action will conform to the guidelines of that law. ARTICLE 12 DRUG AND ALCOHOL POLICY Voluntary use of controlled substances which cause intoxication or impairment on Section 1. the job poses risks to the employer, the affected employee and their coworkers. All bargaining unit employees will be fully informed of the employer's for cause Section 2. drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Fire Assistant Chiefs and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit five employees selected by the Union to attend such training class on City time. Item # 14 49 Attachment number 2 Page 55 of 62 Section 3. Citys Drug and Alcohol Program Policy A. The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party a reasonable period of time in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and “safety-sensitive” employees and positions shall not apply to IAFF bargaining unit members. As such, IAFF bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. ARTICLE 13 RETIREMENT . The City and the Union agree that prior to retiring an employee may use his/her Section 1 vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. The employee will be considered a regular employee for service credit to the Section 2. pension plan. The City and the employee will continue to contribute to the pension plan. During the period of “retirement advancement”, the employee will not be eligible to Section 3. receive or accrue any benefits except retirement credit and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind. ARTICLE 14 SENIORITY AND LAYOFFS Section 1. Seniority A.Definition -- Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. Item # 14 50 Attachment number 2 Page 56 of 62 B.How Measured 1.In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. 2.Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. However, for purposes of layoff, departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules or City Pension ordinance shall apply. 3.In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4.The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5.The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 6.Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C.Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: 1.Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. 2.Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 3.Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4.Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5.Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration award, grievance decision, or the Civil Service Board in accordance with this Agreement. Item # 14 51 Attachment number 2 Page 57 of 62 6.Resignations subsequently withdrawn, in accordance with this Agreement, within six months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D.Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. E.Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs A.In the event of layoffs, all probationary status employees in the class involved shall be laid off before any permanent status employees in the class involved. The order of layoff of probationary employees shall be determined by management evaluations of the performance and potential of the employees. B.In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or classes involved. An employee who is designated to be laid off shall have the opportunity to revert to the position he/she held prior to his/her current classification. If this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. Within the involved classes, layoffs shall be accomplished by the following groupings: 1.Group A -- Employees with one through three years of service in the Clearwater Fire Department. 2.Group B -- Employees with four through six years of service in the Clearwater Fire Department. 3.Group C -- Employees with seven through nine years of service in the Clearwater Fire Department. 4.Group D -- Employees with 10 through 12 years of service in the Clearwater Fire Department. 5.Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department. 6.Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Department. 7.Group G -- Employees with 19 or more years of service in the Clearwater Fire Department. Item # 14 52 Attachment number 2 Page 58 of 62 All employees in Group A must be laid off before any employees listed in Group B; all employees in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance evaluations by management of the preceding 3-year period (if available), disciplinary actions, and physical ability to perform the job. When other qualifications are substantially equal, Fire Department seniority will govern. Management will provide a list of the rank order within Groups prior to the layoff. No new employee shall be hired until the employee on layoff has been given an Section 3. opportunity to return to work at his/her original seniority date and position; provided, that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. The Fire Chief shall give written notice to the Human Resources Director and to Section 4. the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION Section 1. Amendments This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required by each party hereto. Section 2. Severability and Waiver A.In the event that any clause or clauses in this Agreement shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. B.The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. C.In the event of invalidation of any article or section, both the City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. Section 3. Duration This Agreement shall be effective as of the date of approval by the City Council, and shall continue in full force and effect until September 30, 2013. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. Item # 14 53 Attachment number 2 Page 59 of 62 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 2011. ATTEST: CITY OF CLEARWATER, FLORIDA ___________________________________ ___________________________________ Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness: Countersigned: ___________________________________ _____________________________________ Pamela K. Akin, City Attorney Frank Hibbard, Mayor INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: Gerard DeVivo, President, Local 1158 John Klinefelter, Vice President, Local 1158 David Hogan, Secretary/Treasurer, Local 1158 Item # 14 54 Attachment number 2 Page 60 of 62 APPENDIX A - WAGES FIREFIGHTER PAY RANGE F-02 (80/106 HOURS) Step October, 2010 October, 2011 October, 2012 Biweekly Biweekly Biweekly 1 $1392.55 $1427.36 $1427.36 2 $1463.60 $1500.19 $1500.19 3 $1534.50 $1572.86 $1572.86 4 $1614.55 $1654.91 $1654.91 5 $1694.18 $1736.53 $1736.53 6 1778.45 $1822.91 $1822.91 7 $1822.83 $1868.40 $1868.40 8 $1867.12 $1913.79 $1913.79 9 $1920.40 $1968.41 $1968.41 10 $1968.42 $2017.63 $2017.63 11 $2018.74 $2069.21 $2069.21 12 $2069.17 $2120.89 $2120.89 FIREFIGHTER/DRIVER-OPERATOR PAY RANGE F-04 (80/106 HOURS) Step October, 2010 October, 2011 October, 2012 Biweekly Biweekly Biweekly 1 $1462.18 $1498.74 $1498.74 2 $1536.78 $1575.20 $1575.20 3 $1611.23 $1651.51 $1651.51 4 $1695.28 $1737.67 $1737.67 5 $1778.88 $1823.35 $1823.35 6 $1867.37 $1914.06 $1914.06 7 $1913.97 $1961.82 $1961.82 8 $1960.45 $2009.46 $2009.46 9 $2016.45 $2066.86 $2066.86 10 $2066.83 $2118.50 $2118.50 11 $2119.67 $2172.66 $2172.66 12 $2172.63 $2226.95 $2226.95 Item # 14 Attachment number 2 Page 61 of 62 FIRE MEDIC PAY RANGE F-10 (80/106 HOURS) Step October, 2010 October, 2011 October, 2012 Biweekly Biweekly Biweekly 1 $1671.06 $1712.83 $1712.83 2 $1756.32 $1800.23 $1800.23 3 $1841.40 $1887.44 $1887.44 4 $1937.45 $1985.89 $1985.89 5 $2033.00 $2083.82 $2083.82 6 $2134.16 $2187.51 $2187.51 7 $2187.38 $2242.06 $2242.06 8 $2240.55 $2296.57 $2296.57 9 $2304.52 $2362.13 $2362.13 10 $2362.11 $2421.16 $2421.16 11 $2422.48 $2483.04 $2483.04 12 $2483.00 $2545.08 $2545.08 FIRE LIEUTENANT PAY RANGE F-12 (80/106 HOURS) Step October, 2010 October, 2011 October, 2012 Biweekly Biweekly Biweekly 4 $2034.32 $2085.18 $2085.18 5 $2134.69 $2188.06 $2188.06 6 $2240.87 $2296.89 $2296.89 7 $2296.74 $2354.16 $2354.16 8 $2352.58 $2411.39 $2411.39 9 $2419.75 $2480.24 $2480.24 10 $2480.21 $2542.22 $2542.22 11 $2543.60 $2607.19 $2607.19 12 $2607.15 $2672.33 $2672.33 Item # 14 Attachment number 2 Page 62 of 62 FIRE PREVENTION INSPECTOR PAY RANGE F-12 (80 HOURS) Step October, 2010 October, 2011 October, 2012 Biweekly Biweekly Biweekly 4 $2034.32 $2085.18 $2085.18 5 $2134.69 $2188.06 $2188.06 6 $2240.87 $2296.89 $2296.89 7 $2296.74 $2354.16 $2354.16 8 $2352.58 $2411.39 $2411.39 9 $2419.75 $2480.24 $2480.24 10 $2480.21 $2542.22 $2542.22 11 $2543.60 $2607.19 $2607.19 12 $2607.15 $2672.33 $2672.33 FIRE MEDIC LIEUTENANT PAY RANGE F-13 (80/106 HOURS) Step October, 2010 October, 2011 October, 2012 Biweekly Biweekly Biweekly 4 $2259.45 $2315.94 $2315.94 5 $2371.66 $2430.95 $2430.95 6 $2499.15 $2561.63 $2561.63 7 $2555.27 $2619.15 $2619.15 8 $2621.58 $2687.12 $2687.12 9 $2687.78 $2754.97 $2754.97 10 $2754.93 $2823.80 $2823.80 11 $2823.82 $2894.42 $2894.42 12 $2894.43 $2966.79 $2966.79 Item # 14 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the provision of a one-time, lump sum cash remuneration in the amount of $400 minus applicable withholding to each eligible bargaining unit member of Communications Workers of America Local 3179 in accordance with the agreement between the City and Union to resolve the wage re-opener for the 2010/2011 fiscal year at a total cost of $350,000. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and CWA Local 3179 began on October 1, 2008 and expires on September 30, 2011. The agreement provides that Article 9, Section 1 may be re-opened upon written request of either party for the purpose of renegotiating rates of pay for the period from October 1, 2010 through September 30, 2011. The parties agreed to meet for such purpose and the parties reached a tentative agreement on June 20, 2010. The Union submitted the proposed agreement to its membership which ratified the agreement by a vote of 269 to 42 on June 29, 2010. This agreement provides that all full time employees hired as a regular employee one year or more (or with the equivalent number of service hours) prior to the date of City Council approval shall receive a one-time, lump sum cash remuneration of $400, minus applicable withholding, effective upon approval of the City Council, and further that employees hired prior to October 1, 2010 who have served less than one year (or the equivalent number of service hours) from the date of City Council approval and part-time employees shall be eligible to receive a one-time, lump sum cash remuneration of $400, minus applicable holding, upon the one- year anniversary (or the equivalent number of service hours) of their respective hire date as a regular employee or prior performance evaluation date. The agreement also provides that pay range minimums and maximums for all classifications represented by the bargaining unit will not be adjusted for the period from October 1, 2010 through September 30, 2011, and that employees will not be provided with an individual merit pay adjustment or across-the-board general wage adjustment for the period from October 1, 2010 through September 30, 2011. The cost associated with the implementation of this agreement is anticipated to be a total of $350,000, of which the general fund would be impacted by the amount of $190,400 and the remaining amount of $159,600 impacting enterprise funds and internal services funds. A pay increase for CWA employees was not included in the approved budget for the 2010/2011 fiscal year, and the cost for this item will be allocated from City reserves. Review Approval: Cover Memo Item # 15 Attachment number 1 Page 1 of 3 ADDENDUM to the AGREEMENT between CITY OF CLEARWATER and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179 The City and Union hereby agree that the approved collective bargaining agreement between the parties effective for the period from October 1, 2008 through September 30, 2011 shall be modified in accordance with the following: Article 9, Section 1 of the approved Agreement shall be deleted in its entirety and the following language substituted for the duration of the Agreement, unless subsequently modified by the parties through collective bargain prior to the expiration date of the Agreement. (See Appendix for listing of pay grades assigned to represented job Section 1. Salary classifications) A.Pay Range minimums for all classifications represented by the bargaining unit will not be adjusted for the period from October 1, 2008 through September 30, 2009. Pay Range maximums for all classifications represented by the bargaining unit will be adjusted by 2% effective October 1, 2008. Effective from October 1, 2008 to September 30, 2009, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to 2.5% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the date of the employees’ annual . Any portion of the increase which, when annualized, exceeds the performance review respective pay range maximum shall be paid as a one time lump sum bonus payment, and such employees’ biweekly base rate of pay shall be adjusted to the pay range maximum. B. Effective from October 1, 2009 to September 30, 2010, all bargaining unit employees who are currently in an active employment status as of the date of ratification of this Agreement by the Union, or the effective date by action of the City Council if the Agreement is not ratified, shall be provided a one-time, lump sum gross payment of $100 minus applicable withholding.. C.The City and Union agree that pay range minimums and maximums for all classifications represented by the bargaining unit will not be adjusted for the period from October 1, 2010 through September 30, 2011, and further agree that employees will not be provided with an individual merit pay adjustment or across-the-board general wage adjustment for the period from October 1, 2010 through September 30, 2011. Effective upon approval of the City Council, full time employees hired as a regular employee one year or more (or with the equivalent number of service hours) prior to the date of City Item # 15 Attachment number 1 Page 2 of 3 Council approval shall be eligible to receive a one-time, lump sum cash remuneration of $400, minus applicable withholding. Employees hired prior to October 1, 2010 who have served less than one year (or the equivalent number of service hours) from the date of City Council approval and part-time employees shall be eligible to receive a one-time, lump sum cash remuneration of $400, minus applicable holding, upon the one-year anniversary (or the equivalent number of service hours) of their respective hire date as a regular employee or prior performance evaluation date. D.The parties agree this Section may be re-opened upon the written request of either party no sooner than 60 days prior to September 30, 2010 for the purpose of negotiating rates of pay and/or adjustments to pay range minimums and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2010 through September 30, 2011. E.Employees shall receive their first annual performance evaluation one year from their initial date of hire, and if rated Meets Standards or better, shall receive any applicable pay increases as of the date of the initial one-year performance evaluation. Such employees shall be eligible for their next annual merit pay increase, if applicable, on the following October 1 subsequent to the initial one-year performance evaluation. Upon receiving a rating of Meets Standards or better, such employees shall at that time receive a pro-ration of the applicable pay increases based on the number of days between October 1 and the date of the initial one-year performance evaluation, and shall have their annual merit pay increase date adjusted to the October 1 date thereafter. In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members who are determined by their respective department to not meet standards or who receive a rating of Improvement Expected on their annual performance evaluation, and who subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow- up performance evaluation, shall be eligible to receive any applicable pay increases effective on the date of the respective 3-month follow-up performance evaluation the employee is determined to meet standards. Such employees shall be eligible for their next annual merit pay increase, if applicable, on the following October 1 subsequent to the successful 3-month follow up performance evaluation, and upon receiving a rating of Meets Standards or better at that time shall receive a pro-ration of the above applicable pay increases based on the number of days between October 1 and the date of the successful 3-month follow-up performance evaluation, and shall continue to be eligible for any applicable merit pay increase on the October 1 date thereafter. Employees who receive a rating of Improvement Expected on their annual performance evaluation and both the initial and secondary 3-month follow-up performance evaluations shall not receive a merit increase, and shall be revaluated again after one year from the date of the initial evaluation that was rated Improvement Expected. This Addendum to the Agreement was negotiated in good faith through collective bargaining by the City and the Union and is final and binding as part of this Agreement. This Addendum to the Agreement shall be effective as of the start of the payroll period that includes October 1, 2010, and shall continue in full force and effect until the thirtieth day of September, 2011. Item # 15 Attachment number 1 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2011. ATTEST: CITY OF CLEARWATER, FLORIDA By Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form: Countersigned: Pamela K. Akin, City Attorney Frank Hibbard, Mayor COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179 By _________________________________ Stephen Sarnoff, President WITNESSES: __________________________________ __________________________________ Item # 15 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Host Venue Sponsorship Agreement (Agreement) between the City and World Triathlon Corporation (WTC) to conduct an international distance triathlon event in Clearwater, Florida, on the second Saturday in November beginning in 2011 for a period of one year with four (4) automatic one-year renewals until 2015 and authorize the appropriate officials to execute same. (consent) SUMMARY: For the past five years the City and WTC, better known as Ironman, partnered to bring the World Championships for Ironman 70.3 to Clearwater, Florida. While the event was extremely successful in Clearwater, WTC chose to move the Championships to another venue. WTC desires to offer a new international distance event in Clearwater known as 5150 Clearwater Triathlon, which includes a 1.5K swim, 40K bicycle and 10K run. The race routes chosen for this event have far less impact than the previous Ironman Events. WTC will conduct the 5150 Triathlon; provide a five-day event; bring in 1,500 participants, media and VIPs requiring multiple overnight stays; extensive local and national media coverage; and major sponsor benefits package that include rights to use the 5150 and City logo in all marketing material. The City will provide equipment and services to WTC to conduct the event including items such as traffic operations staff, police officers for event, dumpsters, trash cans, removal of litter, swim course set up, lifeguards and water safety personnel, event security, parks and recreation event staff, medical coordination, EMS coverage and SunStar transport units, etc. Cost of the in-kind services estimated to be $61,720, was approved by the City Council on March 17, 2011 as part of the annual review of City sponsored/co-sponsored events for budget purposes. The cost of this event is approximately $49,560 less than previous Ironman events. The City has the right to terminate the agreement by giving written notice to WTC within thirty days of the conclusion of that year’s event. Review Approval: Cover Memo Item # 16 Attachment number 1 Page 1 of 12 Item # 16 Attachment number 1 Page 2 of 12 Item # 16 Attachment number 1 Page 3 of 12 Item # 16 Attachment number 1 Page 4 of 12 Item # 16 Attachment number 1 Page 5 of 12 Item # 16 Attachment number 1 Page 6 of 12 Item # 16 Attachment number 1 Page 7 of 12 Item # 16 Attachment number 1 Page 8 of 12 Item # 16 Attachment number 1 Page 9 of 12 Item # 16 Attachment number 1 Page 10 of 12 Item # 16 Attachment number 1 Page 11 of 12 Item # 16 Attachment number 1 Page 12 of 12 Item # 16 Attachment number 2 Page 1 of 2 Item # 16 Attachment number 2 Page 2 of 2 Item # 16 Attachment number 3 Page 1 of 12 Item # 16 Attachment number 3 Page 2 of 12 Item # 16 Attachment number 3 Page 3 of 12 Item # 16 Attachment number 3 Page 4 of 12 Item # 16 Attachment number 3 Page 5 of 12 Item # 16 Attachment number 3 Page 6 of 12 Item # 16 Attachment number 3 Page 7 of 12 Item # 16 Attachment number 3 Page 8 of 12 Item # 16 Attachment number 3 Page 9 of 12 Item # 16 Attachment number 3 Page 10 of 12 Item # 16 Attachment number 3 Page 11 of 12 Item # 16 Attachment number 3 Page 12 of 12 Item # 16 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Voeller Construction of Palm Harbor, Florida, Bid 08-0064-PR-(C), for the construction and renovation of restroom/concession building at Pier 60 Park, which includes alternates 2, 3 and 4 and a 10% contingency; approve a change order deduct for $900, for a net sum of $424,492.20; approve the transfer of $225,000 from miscellaneous Parks and Recreation operating funds to CIP 315-93273 at third quarter and authorize the appropriate officials to execute same. (consent) SUMMARY: For the past 20 years, the City has provided public restrooms in five locations on Clearwater Beach. Portalet type facilities are located in small wood framed buildings at the far southern end of Beach Walk, near the Life Guard building, at Pier 60 Park and Mandalay Park. In addition, there is a public restroom in the concession building on south beach. These restrooms are heavily used and have become difficult to maintain in a presentable fashion. A capital improvement project was approved several years ago to repair or replace the existing 6-pack type restrooms. To date, the City has constructed a new restroom facility at Mandalay Park and renovated the existing 6-pack restroom at the far south of Beach Walk. Renovations were needed since it is in a velocity zone and a new structure would not be allowed in this area. This contract is to remodel and expand the current restroom facility located at the Pier 60 Concession Building and to renovate portions of the exterior of the building that have deteriorated and in need of repair. The renovated structure will be expanded by 833 sq. ft. to accommodate a total of 9 commodes in the ladies restroom and 3 commodes and 3 urinals in the men’s room (Base Bid). Alternates 2, 3, and 4 allow the contractor to repair deteriorated building façade, bring electrical items up to code, repaint exterior of building, remove and replace deteriorated handrails and wood decking and demolish the two existing 6-pack restrooms located north of the Life Guard building and one located north of the Pier 60 Pavilion. If these alternates are not done at this time then they will need to be completed in the near future. Alternate 1, which would provide storage for the existing ice machine and cold storage units, will be constructed prior to spring break 2013. Funding in the amount of $276.785.22 is currently available in capital project 315-93273, Restrooms on Clearwater Beach for this contract. An additional $225,000 will be transferred from operating savings of the current Parks and Recreation budget to fund the balance of this contract as well as additional funding needed to construct Alternate 1 under a separate contract at a later date. On December 16, 2010, City Council approved the Third Amendment to the License Agreement between the City and Alexandra of Clearwater Beach, Inc, adding five years to the term of their agreement in exchange for the maintenance of these renovations to the public restrooms at Pier 60 Concessions. This will provide an annual savings of $62,140 as is included in the 2012 Parks and Recreation budget. During renovations, portable restrooms will be provided to the public by the City but maintained by Alexandra. Renovation of the restroom/concession building and Alternates 2, 3 and 4 will be completed prior to spring break 2012. Capital expenditure Type: YesYes Current Year Budget?:Budget Adjustment: Cover Memo Budget Adjustment Comments: Transfer of $225,000 from various general fund budgets to CIP 315-93273. Item # 17 $424,492.20-0- Current Year Cost:Annual Operating Cost: $424,492.20$424,492.20 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 315-93273 $424,492.20 08-0064- Yes Bid Required?:Bid Number: PR-(C) None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 17 Attachment number 1 Page 1 of 1 Item # 17 Attachment number 2 Page 1 of 16 Item # 17 Attachment number 2 Page 2 of 16 Item # 17 Attachment number 2 Page 3 of 16 Item # 17 Attachment number 2 Page 4 of 16 Item # 17 Attachment number 2 Page 5 of 16 Item # 17 Attachment number 2 Page 6 of 16 Item # 17 Attachment number 2 Page 7 of 16 Item # 17 Attachment number 2 Page 8 of 16 Item # 17 Attachment number 2 Page 9 of 16 Item # 17 Attachment number 2 Page 10 of 16 Item # 17 Attachment number 2 Page 11 of 16 Item # 17 Attachment number 2 Page 12 of 16 Item # 17 Attachment number 2 Page 13 of 16 Item # 17 Attachment number 2 Page 14 of 16 Item # 17 Attachment number 2 Page 15 of 16 Item # 17 Attachment number 2 Page 16 of 16 Item # 17 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $74,412. (consent) SUMMARY: On July 6, 2010, Clearwater Police Department (CPD) was granted approval by the City’s Resource Management Committee to utilize a $74,412 allocation under the federal Justice Assistance Grant (JAG) program to create a Report Review Team Pilot Program. Currently, the police department’s report review process begins at the first line supervisory level, with all offense, incident, supplement, and crash reports being reviewed and approved at this level. Reports are then sent to Case Management, where a second review is done for dissemination purposes. This practice has worked well for many years, but as our supervisory span of control increases, the sustainability of this practice has been brought into question. The reduction of supervisory personnel within the department has created a dramatic change in span of control ratios, particularly within the Patrol Division. In some cases, patrol teams have a supervisor to officer ratio as high as 1:14. The merging of teams and the consolidation of workloads has also placed an additional burden on some of the supervisors. The impact of these changes has had a negative effect on supervisory availability to field personnel, timely review of reports, and supervisors’ ability to ensure consistency in report quality. Providing a quality report in a timely manner is of paramount importance to the police department. Additionally, our reports are frequently subject to public, political, and judicial scrutiny. The department currently relies on the first line supervisory personnel to ensure quality control. A recent review of the supervisory approval process uncovered inconsistencies in the process and differing opinions on what constituted a quality report, as well as an acceptable error rate. At present, patrol supervisors review approximately 45,000 reports per year. Assuming each report required 15 minutes of supervisor time to review and approve, this would equate to approximately 2-3 hours that a supervisor spends each day reviewing reports. This recent review indicated a low report rejection rate amongst the majority of field supervisors. This strongly suggests many of the department’s reports are not subject to rigorous review or scrutiny, that our current practice of reviewing police reports may not be the most efficient use of supervisory time, and that our current practice does not, in all cases, provide for a consistent and quality work product. The Report Review Team Pilot Program will be a means to increase supervisor efficiency within the police department. The RRT Pilot Program will remove the burden of report review from first line supervisors. Implementation of the RRT Pilot Program will result in efficiencies for our field supervisors by allowing them to focus on evaluation and supervision of field personnel, employee coaching, community problem solving, and reaching other department goals. The smaller review team will also allow for greater accountability and consistency in the final work product. Cover Memo The RRT Pilot Program will consist of four part-time, non-sworn employees and will operate under the supervisory umbrella of the Crime Analysis Unit. The team will review, approve, and disseminate all police reports generated Item # 18 within the Patrol Division and by Police Service Technicians to ensure that the reports meet the minimum standards set forth by the department. Additionally, the team will be responsible for the tracking of reports to ensure a timely review and provide feedback to patrol supervisors if corrective action is necessary. The Police Department will need to hire three additional part-time employees to supplement an existing part-time position within the Crime Analysis Unit. The JAG grant will fund the salary and benefits of 1.75 full-time equivalent report reviewer positions. This is based on a total of 70 hours per week to be shared among three employees for a total of 3,640 hours annually. Based on the Pay Plan and using an hourly wage of $18.99, salary costs are estimated at $69,124, with benefit costs for social security at $5,290. The total estimated cost is $74,414, which is $2 more than the grant award. Any difference between the grant award and the actual expenditures of the RRT Pilot Program will be funded from the Investigative Cost Recovery project. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Should the RRT Pilot Program be successful, it is proposed that subsequent years be funded through the same grant or the Investigative Cost Recovery project. Operating Expenditure Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: -0-$74,412.00 Current Year Cost:Annual Operating Cost: $74,412.00 Not to Exceed:Total Cost: 2012 to 2013 For Fiscal Year: Review Approval: Cover Memo Item # 18 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to Reynolds Inliner, LLC, Clearwater, FL, for the 2010 Stormwater Pipe Lining Project (09-0054-EN) in the amount of $1,088,325.00 for a revised contract amount of $2,285,482.50 and authorize the appropriate officials to execute same. (consent) SUMMARY: Council awarded a construction contract on December 16, 2010 in the amount of $1,197,157.50 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe Lining Project (09-0054-EN). To date, 8,835 LF of cleaning, inspection and lining has been ordered through this contract. Of that, the contractor has installed and invoiced for nearly 5,000 LF. An additional 6,000 LF is scheduled to be inspected via CCTV to determine the need for lining. Additional areas include pipes between houses, Landmark Drive (resurfacing contract) and Wood Valley (traffic calming project). These existing pipes are deteriorating and near the end of their life cycle. The goal is to maintain the integrity of the stormwater system and minimize disruptions to our citizens and vehicular traffic by using the Resin Impregnated Cured in Place Pipe (RICIPP) slip lining method. The City of Clearwater Engineering Department will direct the contractor to high priority pipe systems as established by review of inspection reports and maintenance records with a focus on corrugated metal pipes within easements between houses. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. Change Order 1 in the amount of $1,088,325.00 is for additional cleaning, video inspection, and installation of resin impregnated cured in place pipe (RICIPP) lining at various locations throughout the City of Clearwater using the established unit prices from the Original Contract . A third quarter amendment will transfer $1,088,325.00 from Capital Improvement Program project 0315-96168, Stormwater System Expansion to 0315-96124, Storm Pipe System Improvements to fund the change order. Capital expenditure Type: NoYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See Summary $1,088,325.00 Current Year Cost:Annual Operating Cost: $1,088,325.00 $1,088,325.00 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment Cover Memo 0315-96124-563700-539-$1,088,325.00 See Summary Item # 19 000-0000 Review Approval: Attachment number 1 Page 1 of 3 Item # 19 Attachment number 1 Page 2 of 3 Item # 19 Attachment number 1 Page 3 of 3 Item # 19 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Supplemental Work Order to King Engineering Associates, Inc. (Engineer of Record) to provide engineering design and permitting services for the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) in the amount of $69,806.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 5, 2010, Council approved a work order for King Engineering Associates, Inc. in the amount of $779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT). An administrative work order supplement in the amount of $36,051.00 was approved January 4, 2011. The Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) was developed from the Stevenson Creek Watershed Management Plan. Located in the same neighborhood, Bermuda Street has poor drainage. Both of these roads are within the project area for the Idlewild/The Mall sanitary sewer system design. By combining the storm sewer project with the sanitary sewer project, disruption to the neighborhood’s residents and construction and restoration costs may be reduced. This Work Order is to provide survey, preliminary engineering, design and permitting beyond the scope of services described in the original Work Order for the improvements of the storm sewer system in these two areas. The existing storm sewers are currently maintained by Public Services. Construction of the new storm sewers will not increase maintenance costs. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96169, Stevenson Creek to fund the work order. Capital expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $69,806.00 Current Year Cost:Annual Operating Cost: $69,806.00 $69,806.00 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-96169-561200-539-000-$69,806.00 See summary Cover Memo 0000 Item # 20 Review Approval: Attachment number 1 Page 1 of 9 Item # 20 Attachment number 1 Page 2 of 9 Item # 20 Attachment number 1 Page 3 of 9 Item # 20 Attachment number 1 Page 4 of 9 Item # 20 Attachment number 1 Page 5 of 9 Item # 20 Attachment number 1 Page 6 of 9 Item # 20 Attachment number 1 Page 7 of 9 Item # 20 Attachment number 1 Page 8 of 9 Item # 20 Attachment number 1 Page 9 of 9 Item # 20 Attachment number 2 Page 1 of 1 LOCATION MAP: Woodlawn Terrace / Storm Sewer 5 525050 12 124 223 1 13 24 1210 ABC 1010 5 18 67 60 606060 50103.4 50 9 15840 8 60 6060 60 50 5050 100100 100 6 9 1416 19 ARBELIA 21 22 14 5 5' B 4 100100 100100100 36 3433 272524 23 24 22 50 10 80 80 80 100 6060100 100 100 60 11 STREET 12 6090 F 6060 60 60 6065 55 50 C 13 8 67 10 115 12 141516 13 17 28 127 5' 75 100 100 37 58 10 16 15 A 815 100 100 100 100 100 79.5 50 51 100100 100 1 116.5 20 2 11 109115 10 3 14(S)K 16 88.5 D 8 4 23 90 7 6 5 115(S) ^ 9 (25) 50 5' 6194-1267 50 WOODLAWN 10 2TRACT "B" 11 201.6 M 75 101.6 1 12 101.6 11 13 4 * LAKE 100 O 148 12 147 101.7 79 16 77.6 11 146 9 10 10 101.8 20 8 11 101.963 7 TR "D"6 5 3 50 4 2 1 TR "G" 37.7 112(S) 10 1 68 92 329.1 101.6 40' 14084-1698 -717 55548 ALOHA -707 123 69(S) -770 160 50 -713 1.5' 1 160 -704 20' SHERIDAN 25 14 49986 1.5' 22 66 55 64 ² Legend Name: Woodlawn Terrace Bldg Footprint Storm Sewer Parcel Boundary Replacement Project Outside CLWTR City limits (11-0028-EN) Prepared by: Clearwater Service Area Item # 20 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:Reviewed By:CRMMM Date:06/29/2011 Grid #:251B3-29-15 S-T-R:Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to RTD Construction, Inc. of Zephyrhills, Florida, to rehabilitate clarifiers 1-4 at the Northeast Water Reclamation Facility (WRF) in the amount of $1,419,235.18, which is the lowest responsible bid received in accordance with plans and specifications; and approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $118,363.00 to provide Construction, Engineering and Inspection (CEI) services for total funding in the amount of $1,537,598.18 and authorize the appropriate officials to execute same. (consent) SUMMARY: The project scope includes rehabilitating four (4) existing clarifiers at the Northeast WRF. The plant utilizes eight (8) circular clarifiers. Clarifiers 5-8 will be rehabilitated in a separate project advertised in 2012 due to funding availability. These four clarifiers were built in 1975 and are the oldest of the fourteen (14) clarifiers in the City. The clarifier internal components and structural steel have corroded and are in need of replacement. The clarifiers at the Marshall Street and East WRFs will be rehabilitated over the next two years. RTD is the low bidder by approximately 0.5% and is 17% less than the final Engineer’s estimate. The City received eight bids for the project ranging from $1.419 to $1.570 million with the average being $1.468 million. King Engineering Associates, Inc. was the design consultant for this project and will provide CEI services upon approval of the work order. King Engineering has reviewed RTD’s bid and has provided a recommendation of award. The construction phase is anticipated to take nine months and is scheduled for completion by July 31, 2012. The project includes $507,230 (35% of project total) worth of Owner Direct Purchased equipment resulting in a tax savings valued at $31,090. The City of Safety Harbor will reimburse the City for approximately 29% of the project costs. Public Utilities Department shall own and maintain the proposed improvements included in this contract. Third quarter amendments will increase budget only in Capital Improvement Program project 0315-96654, Facilities Upgrades and Improvements of other Governmental Revenues (337900) for Safety Harbor’s share of this contract as well as King Engineering Design (4/13.5 of $130,400.00) contract previously submitted in the amount of $494,221.66; transfer the following: 2009 Water and Sewer Revenue Bond proceeds in the amounts of $47,617.54 from 0376-96763, Wellfield Expansion and $50,622.90 from 0376-96764, Reverse Osmosis Expansion Reservoir 2, to 0376-96654, Facilities Upgrades and Improvements and $945,136.08 of Utility R and R from 0327-96743, Meter Backflow Replacement/Change Out to 0327-96654, Facilities Upgrades and Improvements for a total of $1,537,598.18 to fund these contracts. Capital expenditure Type: NoYes Current Year Budget?:Budget Adjustment: Cover Memo Budget Adjustment Comments: Item # 21 See summary $1,537,598.18 Current Year Cost:Annual Operating Cost: $1,537,598.18 $1,537,598.18 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-96654-561300-535-$118,363.00See Summary 000-0000 0315-96654-563800-535-$375,858.66See Summary 000-0000 0327-96654-563800-535-$945,136.08See Summary 000-0000 0376-96654-563800-535-$ 98,240.44See Summary 000-0000 Yes10-0023-UT Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 21 Attachment number 1 Page 1 of 6 Item # 21 Attachment number 1 Page 2 of 6 Item # 21 Attachment number 1 Page 3 of 6 Item # 21 Attachment number 1 Page 4 of 6 Item # 21 Attachment number 1 Page 5 of 6 Item # 21 Attachment number 1 Page 6 of 6 Item # 21 Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 16 Item # 21 Attachment number 3 Page 2 of 16 Item # 21 Attachment number 3 Page 3 of 16 Item # 21 Attachment number 3 Page 4 of 16 Item # 21 Attachment number 3 Page 5 of 16 Item # 21 Attachment number 3 Page 6 of 16 Item # 21 Attachment number 3 Page 7 of 16 Item # 21 Attachment number 3 Page 8 of 16 Item # 21 Attachment number 3 Page 9 of 16 Item # 21 Attachment number 3 Page 10 of 16 Item # 21 Attachment number 3 Page 11 of 16 Item # 21 Attachment number 3 Page 12 of 16 Item # 21 Attachment number 3 Page 13 of 16 Item # 21 Attachment number 3 Page 14 of 16 Item # 21 Attachment number 3 Page 15 of 16 Item # 21 Attachment number 3 Page 16 of 16 Item # 21 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to RTD Construction, Inc. of Zephyrhills, FL, in the amount of $320,518 for construction of the Pickett Thickener and Scum Removal Improvements Project for the Northeast Water Reclamation Facility (WRF), (project number 09-0040-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. (consent) SUMMARY: Grease and scum from the primary settling tanks accumulates within the Pickett thickeners (located within the headworks building), causing odors, and maintenance and operations issues at the Northeast WRF. The scope of the project is to modify the Pickett Thickeners to allow grease and scum to be collected more efficiently, and to install a submersible chopper pump in the scum collection well to routinely mix scum and then pump it to the anaerobic digester for treatment. Jones Edmunds and Associates, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, was responsible for the design of the improvements. The final engineering estimate was $375,000. RTD bid was $320,518.00 for the project. After comparing the bids, Jones Edmunds and Associates has recommended award to RTD Construction and city staff concurs. The contract time is 180 days and it is anticipated that the construction will be completed by the end of March 2012. Public Utilities Department shall own and maintain the proposed improvements included in this contract. Sufficient budget and revenue is available in the following projects: Utility R and R revenue in 0327-96615, Odor Control in the amount of $144,190.30, Sewer revenue in 0315-96615, Odor Control in the amount of $52,055.70 for a total of $196,246.00. A third quarter amendment will increase budget only in Capital Improvement Program project 0315-96615, Odor Control, of other Governmental Revenues (337900) for Safety Harbor’s share of this contract as well as JEA Design (4/13.5 of $98,900) contract previously submitted in the amount of $124,272.00 to provide total funding in the amount of $320,518.00. Capital expenditure Type: NoYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See Summary $350,520.00 0 Current Year Cost:Annual Operating Cost: $350,520.00$350,520.00 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Cover Memo Appropriation CodeAmountAppropriation Comment Item # 22 0327-96615-563800-535-000-$144,190.30See Summary 0000 0315-96615-563800-535-000-$176,324.70See Summary 0000 Yes09-0040-UT Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 22 Attachment number 1 Page 1 of 15 Item # 22 Attachment number 1 Page 2 of 15 Item # 22 Attachment number 1 Page 3 of 15 Item # 22 Attachment number 1 Page 4 of 15 Item # 22 Attachment number 1 Page 5 of 15 Item # 22 Attachment number 1 Page 6 of 15 Item # 22 Attachment number 1 Page 7 of 15 Item # 22 Attachment number 1 Page 8 of 15 Item # 22 Attachment number 1 Page 9 of 15 Item # 22 Attachment number 1 Page 10 of 15 Item # 22 Attachment number 1 Page 11 of 15 Item # 22 Attachment number 1 Page 12 of 15 Item # 22 Attachment number 1 Page 13 of 15 Item # 22 Attachment number 1 Page 14 of 15 Item # 22 Attachment number 1 Page 15 of 15 Item # 22 Attachment number 2 Page 1 of 1 Item # 22 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a General Utility Easement conveyed by Mary Huber, as Trustee for the Church of Scientology Religious Trust over, under, and across a portion of Lots 8 and 9, George Washburn Subdivision, as more particularly described therein, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The subject General Utility Easement conveyed by the Trust on June 3, 2011 grants the City sufficient perpetual authority at the northeast corner of the property for the installation and maintenance of public water and gas lines that serve the Church of Scientology’s Ministerial and Pastoral Center located at 215 South Fort Harrison Avenue. Review Approval: Cover Memo Item # 23 Attachment number 1 Page 1 of 6 Item # 23 Attachment number 1 Page 2 of 6 Item # 23 Attachment number 1 Page 3 of 6 Item # 23 Attachment number 1 Page 4 of 6 Item # 23 Attachment number 1 Page 5 of 6 Item # 23 Attachment number 1 Page 6 of 6 Item # 23 Attachment number 2 Page 1 of 1 LOCATION MAP: Church of Scientology Easement Utility Easement ² Legend Utility Easement Church of Scientology Easement Bldg Footprint Prepared by: Parcel Boundary Item # 23 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:Reviewed By:CDEB Date:06/28/2011 Grid #:286B15-29-15 S-T-R:Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Grant a Non-Exclusive License to Encroach (License) to The Goodyear Tire and Rubber Company, an Ohio corporation, in consideration of the recitals and mutual covenants and conditions contained therein, within the easterly 10 feet of Lot 1, Gibson’s Clearwater Heights Subdivision, as more particularly described therein, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Goodyear Tire and Rubber Company (Goodyear) operates a retail tire store at the northwest corner of North Missouri Avenue and Cleveland Street under a long-term lease with R. C. Lawler, Inc. (Lawler). On October 11, 2010, Lawler granted the City easement over and across a portion of the leased property granting the City authority to construct and maintain planned roadway improvements for its Cleveland Street Streetscape, Phase II - Myrtle Avenue to Missouri Avenue project. On December 16, 2010, Council accepted the Lawler easement grant being advised the City Attorney's office was in negotiations with Goodyear to obtain its consent to the easement grant in a mutually beneficial manner. Also on December 16, 2010, Goodyear executed an instrument evidencing its consent to the Lawler easement. The previously recorded easement was re-recorded with the Goodyear Consent attached on April 1, 2011 in O. R. Book 17210, Pages 1427 - 1431, Pinellas County public records. Negotiated consideration for Goodyear to grant its consent to the easement was that the City authorize Goodyear's continued utilization of the subject premises, now a portion of Missouri Avenue right-of-way not required for roadway improvements, to maintain 5 parking stalls presently constructed therein. The subject License affirms the City's consent for Goodyear's continued use of the 10-foot strip of land described therein subject to terms and conditions of the License. Review Approval: Cover Memo Item # 24 Attachment number 1 Page 1 of 7 Item # 24 Attachment number 1 Page 2 of 7 Item # 24 Attachment number 1 Page 3 of 7 Item # 24 Attachment number 1 Page 4 of 7 Item # 24 Attachment number 1 Page 5 of 7 Item # 24 Attachment number 1 Page 6 of 7 Item # 24 Attachment number 1 Page 7 of 7 Item # 24 Attachment number 2 Page 1 of 1 LOCATION MAP: Goodyear License Agreement 10' License ² Legend License Goodyear License Agreement Bldg Footprint Prepared by: Parcel Boundary Item # 24 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:Reviewed By:CDEB Date:06/15/2011 Grid #:287A15-29-15 S-T-R:Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Grant, bargain, sell, transfer and quit-claim to Tom Sehlhorst, 6034 Waterside Drive, Birmingham Alabama, a portion of Block E, Joseph J. Eldridges subdivision, in consideration of receipt of $10.00 in hand paid, and authorize the appropriate officials to execute a Quit-Claim Deed evidencing same as more particularly described therein. (consent) SUMMARY: The City has been named in an action by Bay Gulf Credit Union to foreclose its lien of a mortgage encumbering property titled to Tom Sehlhorst in Block E, Joseph J. Eldridges subdivision. The subject Block E is a triangular parcel of land extending approximately 345 feet north from Cedar Street between the Pinellas Trail and North Myrtle Avenue. The parcel of land described in the subject Quit-Claim Deed was conveyed to the City in February 1983 by Quit- Deed executed by the Koch Foundation, Inc. as recorded in O. R. Book 5493, Page 43, Pinellas County public records. On August 31, 1987, the City executed a Quit-Claim Deed in favor of Tom Sehlhorst conveying a specified portion of Block E other than the subject parcel "...and any other rights to Block E which Grantor may own." That deed is recorded in O. R. Book 6573, Page 1895, Pinellas County public records. Legal counsel for the plaintiff in the subject foreclosure requests the City more specifically convey the lands deeded to it by the Koch Foundation to assure absolute clarity in the chain of title in and to the lands in the foreclosure action. Review Approval: Cover Memo Item # 25 Attachment number 1 Page 1 of 2 Item # 25 Attachment number 1 Page 2 of 2 Item # 25 Attachment number 2 Page 1 of 1 LOCATION MAP: QCD ELDRIDGE SUB, BLK. E 05472 2 28 1 7 4 90 3 3 5 8 A 61740 4 50505050 5050 35 STREET 2995 157(S)50 16 5050110 44(S)44(S) 44(S) A B 1 1356 47 3 4 76 12 3 955050110 68.4 70 323230 GRANT 115 4 68 35 130.3128.8 92.8 92.8 16 1 1 1516 92.8 5 2 152 55(S) 92.8 46.4 21 92.8 92.8 3 14 143 55 13 6 13 413 4 5 2 11 7 12 4 5 125 3 130 3 11 6 6 11 92.8 10 7 107 326000 17 8 9 92.8 98 92.892.892.8 48 CARLTON STREET 235(S) 85.8 100505050505060100 2 5 3 123 110 13 9 4 2 44 141(S) 3 5 1 100100 65 7 25 2 147(S) 76.555 45 5050 5050100110 50 756 1 ENGMAN A 61150 50 5050100505050 74 89 12 1 2 71 79 29 30 11 3 32 1 64 1 53 97 8 C 2 10 5050 9 133 211311 64 758 35 4.8 151 3 23 7 6 16915050505054.8 45.1 60 LA SALLE 11 50 93(S)5050 5050 50100100 50 7 6 110(S) 65718 8 130(S)50 1 9 9 145(S)7050 10 162(S) 25 18 26272829 13 Subject QCD 50 11 175(S) 325000 22 24 26 12 1 967050505550200 66(S) 505050 US 19 130 10 42.5 112.5100 50100 5050150 41 38 1516 7 20 12 23/04 16 6 76(S)505050 150 2 8050 49.57486.5 C STREET JURGENS 24 5050100 8050100 53.5 116.5 1 D 23/05 (NOTE) 21 18 ALL DIMENSIONS 7 130 50100 IN BLOCK "E"155.2 50 A19C E 4567 75ARE SCALED. 5 64.5 125 50 50505093.7 228.8 59.7166.5 4 125 A 45000 METTO ST 131211 109.459.755.555.5 59.759.755.5 125 34485 40 62.5 4 E 2 F 59.7 111 7 50 1 10 5050 505093.750 129.7 119.611155.5 9 140 74.168 50505055 147 12 1 20 1 44 11 212 2 1398 65.9 2 3 10 3 183 142 147 147 142 9 17 4 1411107 8 87(S)5 165 76 15 6 121(S)140147 83.6505050 41/03 270(S)10050 5050 5091 12 20 1 10(S) 5 11 219 324000 21(S)122 100 91 138 142 142 4 103 5 18 3 17 9 4 14117 16 5 5 715 6 6 142 SEMINOLE 505050 14050 101 12 1 20 1 125(S) 69138 192 11 97 ² Legend Easements QCD ELDRIDGE SUB, BLK. E Bldg Footprint Parcel Boundary Prepared by: Item # 25 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:Reviewed By:CDEB Date:06/20/2011 Grid #:268B09-29-15 S-T-R:Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Withhold further action and reject all bids at this time regarding implementing a Red Light Camera Safety Program. SUMMARY: A Request for Proposals was released on April 14, 2011 with a due date for submittals of May 30, 2011. Five submittals were received and the five were shortlisted to three. Oral Presentations were held on June 29, 2011 with Lt. David Dalton, Rob Surette and Paul Bertels as evaluators with George McKibben as monitor. The evaluations resulted in the following rankings: 1.Redflex Inc. 2.American Traffic Solutions (ATS) 3.Gatso The recommended vendor (Redflex) is to provide eight cameras at two intersections; Belcher Road and Gulf to Bay Boulevard; and Belcher Road at Sunset Point Road. The vendor is to keep the cost to the city neutral, meaning that ticket revenue will offset the monthly fees. Terms of deployment are a minimum of two years after a six-month test deployment to determine effectiveness. Staff recommendation is not to proceed at this time with a Red Light Camera Safety Program due to the uncertain regulatory environment that currently exists in Florida, which is causing undue workload issues as well as confusion as to the effectiveness of red light cameras. Review Approval: Cover Memo Item # 26 Attachment number 1 Page 1 of 22 CITY OF CLEARWATER ENGINEERING DEPARTMENT/TRAFFIC OPERATIONS DIVISION RFP for Photo Enforcement Red Light Camera Safety Program 4/14/2011 [This is an RFP to various vendors to install and maintain a Photo Enforcement Program for red light violations. The Vendor is to provide the information within this document in order for the City of Clearwater to enter into a contract for an outsourced program. Item # 26 Attachment number 1 Page 2 of 22 INTRODUCTION The City of Clearwater, Florida (hereinafter “the City”) requests proposals from qualified vendors for a multi-year Traffic Safety Camera Program. The City intends to have automated traffic safety cameras (also known as Traffic Infraction Detectors) installed at two arterial intersections with the possibility of additional intersections at a later date where data has shown a high level of violations and/or a frequency of right angle collisions caused by red light running. I. DUE DATE th A) All proposals are due no later than May 30, 2011 or any time prior thereto at the rd Purchasing Office, Municipal Services Building, 100 S. Myrtle Avenue, 3 Floor, Clearwater, Fl 33756-5520. All proposals received will be publicly read at the date and time specified. All proposals received after that time shall be returned, unopened. B) Original proposal and five copies must be submitted in a sealed envelope clearly marked with the RFP Title. One electronic copy must be sent to the Purchasing Department as well. C) Proposals received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in the favor of the City of Clearwater. Proposer shall assume full responsibility for timely delivery at the location designated for receipt of proposals. The City of Clearwater cannot be responsible for proposals received after opening time and encourages early submittal. Proposals received by the City after the time specified for receipt will not be considered. D) All information required by the Request for Proposal must be supplied to constitute a regular proposal. E) Proposals should be addressed as follows for mail or hand delivery: RFP # 22-11 George McKibben, Purchasing Manager Municipal Services Building 100 S. Myrtle Avenue rd 3 Floor Clearwater, Fl 33756 F) Submitted envelopes should be marked RFP # 22-11 Installation of Red Light Cameras. 2 Item # 26 Attachment number 1 Page 3 of 22 III. PROJECT BACKGROUND & SCOPE OF SERVICES A) Background Overall, the goals of the City’s Traffic Safety Camera Program are to reduce the number of fatalities and serious injuries that result from traffic collisions at City intersections, to improve the safety of motorists and pedestrians at locations where cameras are in place, and to improve overall motorist and pedestrian safety and awareness citywide through a coordinated outreach and education effort. To achieve these goals, the City will work with the selected vendor to deploy a turnkey program for automated red light enforcement as specified below. Some of the worst traffic crashes-those involving so-called “T-Bone” or right angle collisions at high rates of speed are the result of red light running. National studies have shown that these crashes involve more serious injury and deaths than other kinds of accidents at signalized intersections. Data collected at signalized intersections in Clearwater show the City has several intersections where the frequency of red light running is high. The strategic placement of automated cameras at intersections to record red light running violations may contribute to a reduction in the frequency of violations and the corresponding injuries. Accordingly the Clearwater City Council has expressed support for moving forward with a program to address the problem of red light running in the city and has adopted an enabling ordinance under Chapter 316 of Florida State Statutes. B) Scope of Services The City of Clearwater intends to contract with a qualified contractor for comprehensive and fully integrated red light safety management services. The contractor will deploy traffic safety camera equipment at designated intersections, covering at least one approach at each intersection. At selected approaches, up to four lanes will require traffic safety camera enforcement, 3 Item # 26 Attachment number 1 Page 4 of 22 including turn lanes. The contracted services shall include all hardware, software, installation, maintenance, operation, and all administrative processing of violations as specified below. The contract term will be for up to two years with the potential for extensions. The city does reserve the right to terminate the contract upon 90 days written notice with or without cause. The city also insists on the ability to terminate enforcement at any intersection upon ten days notice. The city prefers vendor proposals that guarantee cost neutrality to the City; that is, revenues from the notice of violations will at least match the cost of the vendor’s monthly service fees by providing that the fees charged to the City shall not exceed the actual revenues collected for fines assessed by the City for violations governed by the program. The proposal will offer a fee which is based on a flat amount for each camera in operation. Vendor shall pay the City of Clearwater all payments received less applicable, agreed upon fees, on a monthly basis. The City expects to acquire “turnkey services” as outline below.The services from qualified vendors include the following: 1) Site design, installation, maintenance and operation of automated camera systems at all selected intersections. 2) Processing of data prior to providing access to chargeable violations via secure web site to the Police Department for review and authorization of citations by the Police Department by electronic signature for those events that meet specified criteria. 3) All mailings of Notice of Violation and, preferably all citations, to registered owners for payment shall be accomplished at no cost to the City. 4 Item # 26 Attachment number 1 Page 5 of 22 4) Maintenance of on-line Internet viewing capability for use by Police, Traffic Operations personnel and members of the public who receive violations in the mail. 5) Assistance with development of a public information and community outreach program. 6) Provision of regular statistical reports of program operations. 7) Training city staff involved in the implementation of the program. 8) Site Survey. The vendor will work with the City to determine an initial list of two intersections, chosen based on quantitative assessment of the frequency of red light violations and collisions. As part of this process, vendors will develop baseline data, from historical crash reporting, issued warnings, and issued citations, for one to four selected approaches at each intersection. These data will support both intersection and approach selection and will serve as baseline information for project evaluation purposes. 9) Camera Siting and Installation. From the intersections selected the successful vendor will deploy red light enforcement equipment meeting or exceeding the minimum FDOT (Florida Department of Transportation) standards. Working with Clearwater Traffic Operations Division, Clearwater Police Department and FDOT personnel the vendor will be responsible for all permit acquisition, site design, construction, installation and maintenance of the equipment. The City will provide signage for the approaches to FDOT standards. Systems will be required to supply power separately from the traffic signals. There shall be no red light camera equipment in the traffic signal cabinets. Telecommunications and all necessary support equipment will be the vendor’s responsibility. 10) Service and Maintenance. The servicing and maintenance of red light cameras will be the exclusive responsibility of the vendor. Initial response to any equipment malfunctions will normally occur within a 24 hour period; repairs will normally be accomplished within a 72 hour period. Explain how you will insure these response times will be met. 11) Violation Screening and Citation Development. The successful vendor will work with the Police Department to determine in detail the elements that will constitute 5 Item # 26 Attachment number 1 Page 6 of 22 evidence of a red light violation, and with the Police and City Attorney to determine the contents of the notice of violation that will be mailed to registered vehicle owners. Vendor shall describe its understanding of violation issuance under the City Ordinance as well as state statute. RTOR monitoring shall be coordinated through the Clearwater Police Department. 12) Violation Processing. Initial violations shall be processed within a timely fashion preferably within 72 hours. Vendors will ensure the initial Notice of Violation (NOV) is mailed within seven (7) days of authorization by the violation reviewer 13) Statistical Reporting. In support of the City’s project evaluation activities, the vendor will provide monthly a summary program metrics to the City that will include, at a minimum, the following: Number of events recorded, by intersection approach and in total by month. Number of events not billable, including a breakout of controllable and not- controllable events lost, by intersection approach and in total by month, by intersection. Number of events forwarded to police by month, by intersection. Number of NOV’s authorized and mailed, by month of issuance and by intersection. Number of NOV’s returned as undeliverable by month, by intersection. Will provide, within 15 days of the end of each City of Clearwater fiscal year, a report of all results of camera usage for the preceding year. How many violations are paid at NOV and/or at Citation? 14)Other Services. Other services to be provided by the successful vendor will include: Provision of expert testimony at contested Court hearings as necessary. Assistance with the development of a public information and outreach program. Training city staff involved in implementation of the program. 6 Item # 26 Attachment number 1 Page 7 of 22 Payment processing. Delinquency collections. Any provided system shall continuously, during the course of the contract term, ensure compliance with Florida State Statute Chapter 316 as it relates to red light cameras. Vendor has to maintain, at vendors expense, adequate bodily injury and property damage insurance during the contract term. Vendor shall provide a mechanism for reimbursement of Police Department employee costs associated with violation review and other investigative costs, if any. C) Minimum Qualifications The following are minimum requirements that the vendor must meet in order to be eligible to have their proposal considered. Responses must clearly show compliance with these minimum qualifications. The City will reject without further consideration those proposals that are not clearly responsive t these minimum qualifications. 1. The vendor must be able to deploy automated Traffic Safety Camera equipment in accordance with the following standards. a. The system must utilize high resolution digital or HD video of the violation to include at least two images of the violation; the first image shall clearly show the scene, including the red signal and a clear view of the vehicle with its front tires in front of the stop bar, prior to committing a violation; and the second image shall clearly show the scene, including the red signal and a clear view of the vehicle inside the intersection while the traffic signal is still red. The license plate number and details must be clearly visible in either one of the two images. It is preferred that the two images be obtained from the HD video. It is preferred close ups or zoomed 7 Item # 26 Attachment number 1 Page 8 of 22 views also be extracted from the HD video. All photos must be date and time stamped. 2. Deployed equipment must be able to capture a set of two high-resolution color digital still images of the offending vehicle and the license plate. Wet film applications are specifically excluded. Vendors shall submit a minimum of four example sets of violation photos (one before the stop bar, and one after the stop bar) under the following conditions: (1) daytime-fair conditions, (2) daytime-rain, (3) nighttime-fair conditions, and (4) nighttime-rain. Please place example sets in Appendix A-Sample Violation Image Sets. Vendors must be able to provide a reference for at least one location in a city of similar size where their proposed digital camera system has worked effectively using high-resolution digital photography. 3. From point of data capture, all camera photos and accompanying video sequences must be capable of secure storage and transmission, and capable of maintaining a secure chain of evidence. Vendors shall briefly describe their approach to maintaining security/chain of custody of evidence and compliance with Florida’s records retention laws. 4. Violation detection and camera triggering must be able to utilize a range of detection technologies, including stand alone sensors and video “loop” detection technology. Vendor must be able to provide a reference for at least three active cities where its proposed system is currently operational using the non-invasive, video loop detection and triggering and at least two where stand alone sensors are used effectively. 5. The vendor must be able to provide a robust, fully web enabled and fully secure citation processing system that includes data processing, initial screening of data, prompt delivery of data to police for violation review and notice of violation (the “NOV”) authorization, NOV mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. The vendor must insure compatibility of automated citation data transmittal to the Pinellas County Clerk of the Circuit Court. Strong 8 Item # 26 Attachment number 1 Page 9 of 22 preference to those vendors that can provide for automated data transmittal to the Police Department’s records management system (ACISS). 6. The vendor must be able to provide the City of Clearwater with an online case management and violation adjudication capability. Vendors shall briefly describe their approach to meeting this requirement. 7. The vendor must be able to provide a secure, Internet-based website viewing capability to members of the public who receive mailed citations and in support of Police Operations. Vendors shall certify their ability and experience in meeting this requirement. D) Preferred Qualifications The following preferred qualifications outline “selling points” or features that the City may find desirable in a proposal submission. The intent here is to allow submitting vendors to describe briefly key technical and or operating characteristics of their red light photo enforcement systems. 1. Project timeline. Vendors should address how long after contract signing it will take to have their systems completely operational. 2. Number of approaches. Describe the system’s ability to accurately capture violations at approaches with 2, 3, or 4 lanes in one direction, including possible turning lanes on a separate signal phase. 3. Photo Flash. The City prefers low wattage systems that minimize the number of illuminators and extraneous illumination and flash effects. Please specify the number of flash units required by your system for a standard four-lane approach. Also describe the wattage and associated flash characteristics of your system. Floodlights may not be used. 4. Environmental Impacts. The City prefers systems that utilize existing structures or minimally obtrusive new poles to minimize impacts to curbside and streetscapes. Describe the ways in which your system minimizes its overall “intrusion” into the physical environment at and near selected intersections, and where your proposed system makes use of 9 Item # 26 Attachment number 1 Page 10 of 22 existing infrastructure. Please provide a list and description of all equipment deployed, together with physical dimensions for a single monitored approach of four traffic lanes. Attach photos of all required equipment from an existing active four-lane intersection approach. Photos must include all poles, cabinets, housings and flash units that make up the entire system. 5. The vendor needs to have access to Division of Motor Vehicle information to find owner information on every license tag captured in violation of running red lights, which includes out of state tags. This has to be done by the vendor, and not by the City’s police department. The vendor must disclose the means to which they plan to do this. 6. High Resolution Camera. The City realizes the benefits of using a high- resolution camera. Please state the camera resolution in mega pixels. 7. The City strongly prefers the red light camera system have the ability to record multiple violations simultaneously. IV. INFORMATION REQUIRED OF PROPOSER In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified. A. Title Page: Show the name of the company, address, telephone number, email address, name of contact person, date, and the subject: RFP# 22-11 Installation of Red Light Cameras. B. Table of Contents: Include a clear identification of the material by section and page number. C. Letter of Transmittal: Briefly state the proposer understands of the work to be done and identify the person who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers as well as email addresses. 10 Item # 26 Attachment number 1 Page 11 of 22 D. General summary of information about the business such as history of the company, business hours, contact information, geographic distribution of the company etc. E. References: The vendor must provide references from three other cities, counties, states or provinces to document successful deployment of vendor’s proposed digital red light camera enforcement equipment. The references must be operating an outsourced program using substantially the same equipment and technology proposed herein. The vendor must also provide references from at least three other client cities to document successful systems integration and deployment of vendor’s red light camera solution. Vendors shall provide points of contact for each reference, together with the number of red light photo enforcement approaches deployed with the high-resolution digital camera technology. F. Completion Time: Proposer is to submit the number of days required to complete project. 1. INTRODUCTION Red Light Camera Vendors should have relevant successful SPECIFIC QUALIFICATIONS: experience at cost effectively performing Traffic Infraction services on continuing contracts with public agencies. Selection of finalists for interview will be made on the basis COMPETITIVE SELECTION: of qualifications including: Firm’s office location, financial cheduling/cost control, information systems, and firm’s relevant project experience. The Selection Committee will conduct interviews with and may req INTERVIEWS: presentation from three to five firms deemed to be most highly qegarding their qualifications to include scheduling of projects; overall approach/ methodology to proposed project staff; references from prior clients relevant o received within the last five years; and ability to furnish the required services. 11 Item # 26 Attachment number 1 Page 12 of 22 Firms must be licensed in the State of Florida at the time of submittal. Further the firm must be registered by the Florida Department of State, orporations. The selection will be made in accordance with 255.32 F.S. and the prcriteria of the City of Clearwater. The vendor responses to the RFP will be evaluated on the followi Related Florida experience (25%) Financial capability (15%) Scheduling, cost control (20%) Project staff and availability (15%) Knowledge of local conditions (20%) Successful legal defenses (5%) The Review Committee’s decision in qualification of prospective ll be final. The City reserves the right to, at its sole discretion, accept or reject ll submittals, request clarifications from any prospective firm, amend or modify the terms of thehe RFP if such action is in the best interest of the City. The ovehedule is outlined in Section Eight of this document. If there is any doubt as to the true meaning of any part of this RFP, or if any discrepancies in or omissions from this RFP are discovered, a written request for an correction may be submitted to the City for response. The company submitting t be responsible for delivery no later than seven calendar days before the submitarification or correction of this RFP will be made only by written addendum. All be mailed or delivered to each company holding a set of documents. The City will not be responsible for any other explanation or interpretations of the . 1.RFP SUBMITTALS: Interested firms should state their interest in this project by ing six paper copies and one electronic copy of the following: 1. A letter of interest detailing the firm’s qualifications, relateience, and the firm’s abilities to do the work and to meet the above referenced select 2. A letter from the firm’s Surety stating the firm’s bonding capabs. 3. Resumes of proposed staff and staff organizations. 12 Item # 26 Attachment number 1 Page 13 of 22 4. A copy of the firm’s current Florida Department of Business and Regulation License. 5. For Corporations only: If the firm offering services is a corporrly registered with the Florida Department of State to practice their profession in Florida a must provide a copy of the firm’s current Florida Corporate Regi 2.SELECTION PROCESS: The City Project Review Committee will consist of representativeom the City of Clearwater Engineering Department; City of Clearwater Police Department; an City of Clearwater and will review the RFP submittals and select three to five firfor Legal Department; interviews. Those firms not asked to make oral presentations wi The selected firms to be shortlisted will be given advance notic for a public interview, to be held in Clearwater. The interviews will be con- or two-day schedule. A decision following the interviews will be made with of the last interview. 3.CONDITIONS: The City reserves the right to accept and/or reject any or all sls; to waive any irregularity, variance, or informality whether technical or substantial in natnegotiate with all qualified firms in keeping with the best interests of the City. An awing from this request shall be negotiated with the firm(s) whose proposal and rmined to most advantageous to the City of Clearwater. 4.MAIL OR DELIVER COMPLETED RESPONSES TO: George McKibben City Purchasing Manager Municipal Services Building rd 100 South Myrtle Avenue (3 floor) Clearwater, FL 33756 - 5520 Mailing address: P. O. Box 4748 Clearwater, FL 33758-4748 th The City All proposals must be received not later than 4:00 p.m. local ti, 2011. assumes no responsibility for responses received after the statee, or at any office or location other than that specified herein, whether due to mail dtake, mishandling or any other reason. Late responses will be held und for award. 13 Item # 26 Attachment number 1 Page 14 of 22 5. INSURANCE REQUIREMENTS: See Exhibit “A” attached. 6. DISTRIBUTION: This RFP is being mailed to firms that have contacted the City ae that are believed to have the experience needed for this project. The project is also being advert Clearwater purchasing policies and being made available online t website and electronic plan room . 7. PROJECT SCHEDULE 1) Release date of RFP April 14th, 2011 rd 2) Cut Off Date for Inquiries May 23, 2011 th 3) Due date of RFP May 30, 2011 th 4) Short-list Selection June 6, 2011 th 5) Oral Presentations June 20, 2011 (week of) th 6) Selection Committee Recommendation June 27, 2011 7) City Council Approval July 21st, 2011 8.GENERAL CLAUSES OPENNESS OF PROCUREMENT PROCESS Written response, other submissions, correspondence, and all receof, as well as negotiations conducted pursuant to this request, shall be handleth Chapters 119 and 286, Florida Statutes. The City gives no assurance as to th portion of the qualifications once submitted. RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses foecord purposes. The City also reserves the right to dispose of any or all copies of respoanner it deems appropriate. No copies of responses will be returned to the fir 14 Item # 26 Attachment number 1 Page 15 of 22 ERRORS AND OMISSIONS Once a response is presented, the City shall not accept any requests by any firm to correct errors or omissions in any calculations submitted. RESERVED RIGHT The City reserves the right to accept or reject any and/or all sproposals, to waive irregularities and technicalities, and to request resubmission. Any sole respo submission date may or may not be rejected by the City dependingition and timely needs of the City. The City shall be the sole judge of t and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the City reserves the right to make such investigation, as it deems necessary to determine the ability of any responder to perform the work or service requested. The respondon the City deems necessary to make this determination. CONFLICT OF INTEREST Any prospective firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective firm shouldith which there might be a conflict, the nature of the potential conflict, and tto resolve such conflict. RIGHT TO PROTEST Any actual or prospective responder who is aggrieved in connectiitation or award of a contract may seek resolution of its complaints by contactinsing Manager. NO COLLUSION 15 Item # 26 Attachment number 1 Page 16 of 22 By offering a submission to the RFP, the responder certifies, an submission/proposal each party thereto certifies as to its own othat in connection with the submission/proposal: a. No attempt has been made or will be made by the responder to ind person or firm to submit or not to submit a submission/proposal restricting competition; and b. The only person(s) or principal(s) interested in this submission named therein and that no person other than those therein mentioned has/have in this submission/proposal or in the agreement to be entered in c. No person or agency has been employed or retained to solicit or agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, accepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. APPROPRIATIONS CLAUSE The City, an entity of government, is subject to the appropriation of funds by its legi an amount sufficient to allow continuation of its performance inhe terms and conditions of this contract for each and every fiscal year follo year in which this contract is executed and entered into and for which this contracct. The City shall, upon receipt of notice that sufficient funds are not avai its full and faithful performance of this contract, provide written notice to the Contvent and effective thirty (30) days after giving such notice or upon the expirationor which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related to the contract. 9.GENERAL TERMS AND CONDITIONS: 16 Item # 26 Attachment number 1 Page 17 of 22 a) All responses become property of the City of Clearwater. b) The City will not reimburse the respondent for any costs associa preparation, submittal, or presentation of their responses to th c) The respondent acknowledges that all information contained withi of the public domain as defined by State of Florida Sunshine and The City gives no assurance as to confidentiality of any portion of any proposal once submitted. d) The awards made pursuant to this RFP are subject to the provisio Part III, Florida Statutes. All respondents must disclose with ponses the name of an officer, director, owner, or agent who is also an employee Clearwater. Respondents, their agents, and associates shall refrain from coniting any City officials regarding this RFP during the selection process. Failith this provision may result in disqualification of the respondent, at the option of th McKibben may be contacted. e) There shall be no discrimination as to race, sex, color, creed, origin in the operations conducted under this engagement. Due care and diligence has been exercised in the preparation of mation contained herein is believed to be substantially correct. Howevbility for determining the full extent of the services rests solely with the making responses. Neither the City nor its representatives shall be responsible for any error his response, nor for the failure on the part of the respondents to determine the full a) Preference will be given to those responses in full or substantially full compliance with the requested information in this document. b) Each respondent is responsible for full and complete compliance s, and regulations including those of the Federal Government, the S the City of Clearwater. Failure or inability on the part of the complete knowledge and intent to comply with such laws, rules, a not relieve any respondent from its obligation to honor its resp completely in accordance with its response. 17 Item # 26 Attachment number 1 Page 18 of 22 c) Any interpretation, clarification, correction, or change to the y written addendum issued by the City’s Purchasing Manager. Any o communication concerning the RFP shall not be binding unless iss the form of an addendum. d) Responses must be signed by an individual of the respondent’s or authorized to commit the respondent’s organization to the perfor contemplated by this RFP. e) The successful respondent shall be required to submit proof of lons, and proofs of insurance as required by the City. f) The successful respondent shall not be allowed to substitute pros named in this response without the written permission of the Cit Documents cited in this document but not attached are available EXHIBIT “A” INSURANCE REQUIREMENTS Liability Insurance. The party submitting an RFP, hereinafter referred to in this ds the 1. Proposer, if selected, shall furnish, pay for, and maintain durithe life of any contract entered into with the City the following liability coverage: Commercial General Liability insurance on an "occurrence" basis in an amount not less a. than $1,000,000.00 including Products and Completed Operations combined single limit Bodily Injury Liability and Property Damage Liabili. Worker’s compensation for employees, contractors and subcontractors. Business Automobile Liability insurance in the amount of at least $1,000,000, providing b. Bodily Injury Liability and Property Damage Liability. 18 Item # 26 Attachment number 1 Page 19 of 22 Worker's Compensation Insurance applicable to its employees, if tatutory c. coverage limits in compliance with Florida laws, including Emplos’ Liability that meets all state and federal laws. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the d. type of business engaged in by the Proposer, shall be purchased he Proposer with minimum limits of $1,000,000 per occurrence. Additional Insured . The City is to be specifically included as an additional insuity 2. coverage described above, except the insurance coverage identifiraphs c and d. Notice of Cancellation or Restriction. All policies of insurance must be endorsed to provide the Cit 3. with thirty 30) day's notice of cancellation or restriction. Certificates of Insurance/Certified Copies of Policies. The Proposer, if selected, shall provide the 4. City with a certificate or certificates of insurance showing the existence of the coverage required by this RFP, if any. The Proposer will maintain the required coverertificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by City in writing, the Proposer will provide the Cityfied copies of all policies of insurance as required above. New certificates and new certifiedicies, if certified copies of policies have been requested, shall be provided City whenever any policy revised, or obtained from other insurers. 5. The address where such certificates and certified polices shall nt or delivered is as follows: City of Clearwater Attention: Traffic Operations Manager P.O. Box 4748 Clearwater, FL 33758-4748 6. The Proposer shall defend, indemnify, save and hold the City harll claims, suits, judgments and liability for death, personal injury, bodil property damage arising directly or indirectly from any performance under this RFP, or ader or contract entered into by City and Proposer, its employees, subcossigns, including legal fees, court costs, or other legal expenses. Proposer acknowledges that it is solely responsible f complying with the terms of this RFP or a purchase order or contout of this RFP. In addition, the Proposer shall, at its expense, secure and provideior to beginning performance under an RFP, or a subsequent purchase order, or contract, all ierage as required in this RFP. 19 Item # 26 Attachment number 1 Page 20 of 22 8) Any party providing services or products to the City will be exp written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurancence requirements as contained herein. A failure to do so may, at the sole option of the City,ny vendor, bidder or Proposer of services and/or products to the City. EXHIBIT B DRAFT CONTRACT This made and entered into this ____ day of ____________, 20___ by an CONTRACT between the City of Clearwater, Florida, a municipal corporation designated as the "City", and _____________________________________, of the City o _____________________ County of ____________________________ and hereinafter designated as the "Contractor". WITNESSETH: 20 Item # 26 Attachment number 1 Page 21 of 22 That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby , promise and agree as follows: The Contractor, and his or its successors, assigns, executors orors, in consideration of the sums of money as herein after set forth to be paid by the Ciactor, shall and will at own cost and expense perform all labor, furnish all materials, t their for all individual projects assigned as a result of this contrac For each individual project in accordance with such proposal and specifications and such other special provisions and drawings, ill be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any,n referred to, are hereby made a part of this contract, and all of said wored by the contractor and its successors and assigns shall be fully completed in a good workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, cons or stipulations as contained herein within the time specified for c work to be performed by the Contractor, then the City, may at its option, a of any or all remedies provided on its behalf and shall have the right to proceed to coor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. 21 Item # 26 Attachment number 1 Page 22 of 22 In addition to the foregoing provisions, the Contractor agrees t requirements: In connection with the performance of work under this contract, agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but : employment, upgrading, demotion, or transfer; recruitment or recising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, incl apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided b setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisionscts hereunder, including contracts or agreements with labor unions and/or worker's repres except sub-contractors for standard commercial supplies or raw materials. 22 Item # 26 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint two members to the Parks and Recreation Board, Gerald J. Thompson to fill the remainder of an unexpired term until May 31, 2014 and Allen Weatherilt to fill a term to expire May 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Ray Shaw th MEETING DATES: Quarterly (4 Tues.) - Jan., April, July, Oct. PLACE: Long Center – 6:30 p.m. APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) RESIGNED OR HAS A TERM WHICH EXPIRES AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE AND REAPPOINTMENT FOR A NEW TERM: 1. Jason Robert Happe – 2045 Anchorage Way, 33755 – Firefighter Original appointment: 5/6/10 st Resigned 2/10/11 - (was serving 1 term until 5/31/14) 2. Allen Weatherilt – 880 Bay Esplanade, 33767 – Engineering Original appointment: 7/17/03 nd Interested in reappointment: Yes (Ending 2 term 7/31/11) (0) absences in the past year THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Gerald J. Thompson – 2666 Cascade Court, 33761 – Business Management 2. Allen Weatherilt – 880 Bay Esplanade, 33767 – Engineering (wishes to be considered for reappointment – no other applications on file) Zip codes of current members on board: 1 at 33755 1 at 33761 2 at 33764 2 at 33767 Cover Memo Item # 27 Review Approval: Attachment number 1 Page 1 of 6 Item # 27 Attachment number 1 Page 2 of 6 Item # 27 Attachment number 1 Page 3 of 6 Item # 27 Attachment number 1 Page 5 of 6 Item # 27 Attachment number 1 Page 6 of 6 Item # 27 Attachment number 2 Page 1 of 6 Item # 27 Attachment number 2 Page 2 of 6 Item # 27 Attachment number 2 Page 5 of 6 Item # 27 Attachment number 2 Page 6 of 6 Item # 27 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Roberta S. Klar as the Clearwater Arts Alliance, Inc. representative, formerly Clearwater Arts Foundation, to the Public Art and Design Board to fill the remainder of an unexpired term until March 31, 2014. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, ,and the Pinellas County Arts Council representatives Clearwater Arts Foundation MEMBERS: 7 Liaison: Parks & Recreation CHAIRPERSON: Joshua Bomstein MEETING DATE: Quarterly – March, June, Sep., Dec. TIME/PLACE: Long Center APPOINTMENTS NEEDED: 1 THE FOLLOWING BOARD MEMBER RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Joshua Bomstein – 2925 W. Coachman Ave., Tampa, FL 33611 – Commercial Contractor Office: Creative Contractors, Inc., 620 Drew St., 33755 Original Appointment: 4/6/06 nd Resigned 6/8/11 – (was serving 2 term until 3/31/14) (Clearwater Arts Alliance, Inc., ) formerly Clearwater Arts Foundation THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Roberta S. Klar – 820 Riviere Rd., Palm Harbor, FL 34683 – Architect (Nominated by the Clearwater Arts Alliance, Inc.) Zip codes of current members: 1 – 33713 1 – 33755 1 – 33759 1 – 33761 1 – 33764 1 – 33767 Current Categories: 1 Architect 1 Artist 3 Citizens 1 Pinellas County Arts Council Cover Memo Item # 28 Review Approval: Attachment number 1 Page 1 of 2 Item # 28 Attachment number 1 Page 2 of 2 Item # 28 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Donald O. McFarland to the Marine Advisory Board with term to expire March 31, 2015. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Tim Trager MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT EXPIRED AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Donald O. McFarland – 108 S. Hercules Ave., 33765 – Attorney Original Appointment 6/7/07 – (was serving 1st term until 6/30/11) (0 Absences in the last year) Interest in reappointment: Yes THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Paul J. Kelley – 667 Bay Esplanade, 33767 – Business Owner, Self Employed Zip codes of current members on board: 1 at 33755 3 at 33761 2 at 33765 1 at 33767 Review Approval: Cover Memo Item # 29 Attachment number 1 Page 1 of 6 Item # 29 Attachment number 1 Page 2 of 6 Item # 29 Attachment number 1 Page 5 of 6 Item # 29 Attachment number 1 Page 6 of 6 Item # 29 Attachment number 2 Page 1 of 6 Item # 29 Attachment number 2 Page 2 of 6 Item # 29 Attachment number 2 Page 5 of 6 Item # 29 Attachment number 2 Page 6 of 6 Item # 29 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Designate Councilmember Jonson to be the official voting delegate at the Florida League of Cities’ Annual Conference, August 11-13, 2011. (consent) SUMMARY: The Florida League of Cities’ Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 11-13. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 13 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. Review Approval: Cover Memo Item # 30 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against R and R Companies, Inc., to recover $3,529.51 for damages to City property. (consent) SUMMARY: On October 30, 2009, employees of R and R Companies, Inc., were performing excavation work in the vicinity of the intersection of Casey Jones Court and Wetherington, Clearwater, Florida, and punctured a Clearwater Gas 2-inch main gas line. Subsequent to the above-referenced incident, the City’s Risk Department sent numerous letters to R and R Companies, requesting $780.17 to reimburse the City for the necessary repairs and lost gas from the puncture of the gas line. R and R Companies denies that it is liable for the gas line puncture. On November 14, 2009, employees of R and R Companies, Inc., were performing additional excavation work in the vicinity of the intersection of Casey Jones Court and Wetherington, Clearwater, Florida, and once again punctured a Clearwater Gas 2-inch main gas line. Subsequent to the above-referenced incident, the City’s Risk Department sent numerous letters to R and R Companies, requesting $943.04 to reimburse the City for the necessary repairs and lost gas from the puncture of the gas line. R and R Companies denies that it is liable for the gas line puncture. On March 10, 2010, employees of R and R companies, Inc., were performing excavation work in the vicinity of the intersection of 2955 and 2937 Hillcrest Circle South, Clearwater, Florida, and damaged the City’s sanitary sewer lines at those two addresses. Subsequent to the above-referenced incident, the City’s Risk Department sent numerous letters to R and R Companies, requesting $1,806.30 to reimburse the City for the necessary repairs to the damaged sewer lines. R and R Companies has not responded to any of the City’s letters. The Legal Department requests authority to bring a legal action against R and R Companies, Inc., to recover the moneys owed to the City, which totals $3,529.51for the aforesaid property damages. The costs relative to this action will include a $300.00 filing fee and fees for service of process of approximately $200.00. Operating Expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $500.00 Current Year Cost:Annual Operating Cost: $500.00 $500.00 Not to Exceed:Total Cost: 10/01/2010 to 09/30/2011 For Fiscal Year: Cover Memo Item # 31 Appropriation CodeAmountAppropriation Comment 010-09600-548000-514-000-500.00 0000 No Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 31 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt a tentative millage rate of 5.1550 mills for fiscal year 2011/12 and set public hearing dates on the budget for September 14, 2011 and September 29, 2011, to be held no earlier than 6:00 p.m. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2011. This City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the first public hearing. The City Manager's recommended millage rate is 5.1550 mills. The rate is 4.31% less than the rolled back rate of 5.3874 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 4.31% decrease from the rolled-back rate of 5.3874 mills. The proposed millage rate as well as other TRIM millage rates that will be noted on the 2010 TRIM compliance forms are as follows: 5.1550 mills - Proposed millage rate 5.3874 mills - Rolled-back millage rate 7.2746 mills - Maximum majority vote rate 8.0021 mills - Maximum two-thirds vote rate Review Approval: Cover Memo Item # 32 Meeting Date:7/21/2011 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 and enable documents, including but not limited to administrative agreements and participant loan program documents, adopt Resolution 11-17 and authorize the appropriate officials to execute same. 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 Resolution and restated plan document pertaining to the Nationwide 457 Governmental Plan and Trust provides for updating of the plan provisions in order for the Plan to continue to be considered an “eligible deferred compensation plan” under Section 457(b) of the Internal Revenue Code and 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. A detailed summary of the recommended changes are available for review. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 33 Attachment number 1 Page 1 of 1 Item # 33 Attachment number 2 Page 1 of 21 Attachment number 2 Page 2 of 21 Attachment number 2 Page 3 of 21 Attachment number 2 Page 4 of 21 Attachment number 2 Page 5 of 21 Attachment number 2 Page 6 of 21 Attachment number 2 Page 7 of 21 Attachment number 2 Page 8 of 21 Attachment number 2 Page 9 of 21 Attachment number 2 Page 10 of 21 Attachment number 2 Page 11 of 21 Attachment number 2 Page 12 of 21 Attachment number 2 Page 13 of 21 Attachment number 2 Page 14 of 21 Attachment number 2 Page 15 of 21 Attachment number 2 Page 16 of 21 Attachment number 2 Page 17 of 21 Attachment number 2 Page 18 of 21 Attachment number 2 Page 19 of 21 Attachment number 2 Page 20 of 21 Attachment number 2 Page 21 of 21 Attachment number 3 Page 1 of 2 Item # 33 Attachment number 3 Page 2 of 2 Item # 33 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Support the Florida Department of Environmental Protection’s (FDEP) petition to rescind U.S. Environmental Protection Agency’s Numeric Nutrient Criteria (NNC) in Florida and adopt Resolution 11-16. SUMMARY: On January 14, 2009, the United States Environmental Protection Agency (EPA) established a rule requiring exceptionally stringent limits on nitrogen and phosphorous levels discharged to Florida surface water. These rules apply to the State of Florida only and will significantly impact discharges of wastewater, reclaimed water and stormwater by virtually all municipal governments and private landholders in the state. The low concentration levels for nitrogen and phosphorous required, in some cases, are well below the “background” discharge, which occurs in stormwater runoff from undeveloped property. On March 16, 2011, the EPA Office of Water released a memo titled “Working in Partnership with the States to Address Phosphorous and Nitrogen Pollution through Use of a Framework for State Nutrient Reductions” detailing eight elements for effective state programs to manage nitrogen and phosphorous pollution. The petition uses the eight elements in the memo to document the strength of Florida’s efforts to control nitrogen and phosphorous pollution, including FDEP’s pursuit of NNC. In recognition of this state-wide problem and since the Florida Department of Environmental Protection has an aggressive program in place, FDEP has filed a petition requesting that EPA rescind the imposed NNC and provide a response by May 22, 2011, on relieving Florida from this federal mandate. On June 13, 2011, EPA responded that the agency “would not take action on the State petition until it reviews the NNC adopted by Florida.” By withdrawing the 2009 determination, EPA would once again allow Florida to regain its primary responsibility for standard setting as envisioned by Congress in the Federal Clean Water Act. This Resolution supports the FDEP’s petition to EPA to rescind numeric nutrient criteria development in Florida at this time and to allow FDEP the primary rule-making role. This resolution is Clearwater’s first step in supporting the FDEP in a request for relief. City staff, as well as other local municipalities, attended Public Workshops held by the FDEP in June at Leesburg, Florida. There are no costs associated with Resolution 11-16. Review Approval: Cover Memo Item # 34 Attachment number 1 Page 1 of 2 Item # 34 Attachment number 1 Page 2 of 2 Item # 34 Attachment number 2 Page 1 of 2 Item # 34 Attachment number 2 Page 2 of 2 Item # 34 7/21/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a settlement agreement settling the case of Pickles Plus Too, Inc. v. City of Clearwater, Case 11-001450-CI-08, including the execution by appropriate officials of all documents related thereto, specifically, the proposed Settlement Agreement and Lease attached hereto, and authorize the allocation of $668,000.00 of General Fund Reserves to fund the settlement payment. SUMMARY: This matter was mediated on June 2, 2011, and settlement negotiations continued for several days thereafter. Both parties participated in the mediation, in person and by counsel. A proposed settlement agreement (attached) has been reached, subject to approval by the City Council that includes the following terms: Plaintiff will release the City of all claims, and file a stipulated motion for dismissal with prejudice of all 1. claims and an agreed to order dismissing all claims with prejudice. The City of Clearwater will pay to Plaintiff the total sum of $668,000.00 in full settlement of all claims for 2. compensation, inclusive of all attorneys’ fees, expert fees, and costs of any kind, within thirty (30) days of approval by City Counsel. The plaintiff will be permitted to remain at its present location in the Harborview Center until midnight, 3. February 29, 2012, under the lease as amended by the mediated settlement agreement. A third quarter budget amendment will provide the allocation of $668,000.00 of General Fund reserves to fund the settlement payment to the Legal Department operating budget. After adjusting for this amendment, General Fund reserves will be approximately $18.2 million, or 16.3% of the General Fund budget, exceeding the 8.5% reserve policy by approximately $8.7 million. Operating Expenditure Type: YesYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Third quarter amendment to Legal Department operating budget. Code: 0-010-09600-534000-513-000-0000 $668,000.00n/a Current Year Cost:Annual Operating Cost: n/a Not to Exceed:Total Cost: 10/01/2010 to 09/30/2011 For Fiscal Year: No Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Cover Memo Review Approval: Item # 35 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Change the date of the City's elections to coincide with the state and county elections and pass Ordinance 8274-11 on first reading. SUMMARY: Florida Statutes Section 166.021(4) permits municipalities to change election dates, qualifying periods for candidates, and for the changes in term of office necessitated by such changes in election dates by ordinance without approval at referendum. Statistics indicate that there is much higher voter participation in statewide and countywide elections than in primary elections. It is also more cost-effective to hold municipal elections in conjunction with state, county and federal elections. Therefore, it is in the best interest of the City of Clearwater to move their election dates as so allowed to increase voter participation and save the cost of a separate municipal election. Review Approval: Cover Memo Item # 36 Attachment number 1 Page 1 of 3 Item # 36 Attachment number 1 Page 2 of 3 Item # 36 Attachment number 1 Page 3 of 3 Item # 36 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 37 Meeting Date: 7/21/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Artificial Turf SUMMARY: Review Approval: Cover Memo Item # 38