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01/09/2012WORK SESSION AGENDA Council Chambers -City Hall 1/9/2012 -8:30 AM 1. Presentations 1.1 Service Awards Attachments 1.2 Florida Section American Water Works Association (FS AWWA) 2011 Water Conservation Awards for Excellence – Best in Class – Efficiency with Alternative Water Supply and Public Education -Glenn Daniel and Jerry Wells Attachments 1.3 Pinellas Alternative Committee Presentation -Scott Pringle, Jacobs Project Manager, Transportation Program Attachments 2. Economic Development and Housing 2.1 Approve the creation of the Homeless Leadership Board, Inc., to replace the Homeless Leadership Network, and approve the revised Interlocal Agreement. Attachments 3. Financial Services 3.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) Attachments 4. Gas System 4.1 Approve the first renewal of a Purchase Order, in the amount of $939,050, with Florida Gas and Electric Corporation for the Installation of Gas Mains and Service Lines for the period February 1, 2012 to January 31, 2013 and authorize the appropriate officials to execute same. (consent) Attachments 5. Human Resources 5.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13, and 2013/14 and authorize the appropriate officials to execute same. (consent) Attachments 5.2 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute same. (consent) Attachments 5.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute same. (consent) Attachments 5.4 Approve the agreements reached by the City with Communications Workers of America Local 3179 and Fraternal Order of Police Officers and Supervisors bargaining units for proposed changes to the City Employees’ Pension Plan; authorize the development of an actuarial impact statement by the City’s actuary and subsequent submittal to the Florida State Division of Retirements for review of same. (consent) Attachments 6. Parks and Recreation 6.1 Approve a ten (10) year Joint Land Utilization Agreement with the School Board of Pinellas County, Florida, from January 1, 2012 through December 31, 2022, to provide an outdoor recreation complex consisting of tennis courts, playground and basketball courts at the southeast corner of Russell Street and Douglas Avenue and authorize the appropriate officials to execute same. (consent) Attachments 6.2 Award a contract (purchase order) to Pinellas Pools, Inc. of Holiday, Florida, Bid 08-0020-PR-B for maintenance and refurbishment of the pools located at the North Greenwood Recreation and Aquatics Center (NGRAC) and the Clearwater Beach Recreation and Aquatics Center (CBRAC) for $177,672, which includes a 10% contingency; approve the transfer of $83,672.00 from various Parks and Recreation CIP maintenance projects highlighted in this item to Swimming Pool Renovations and Repairs CIP 315-93271 at midyear and authorize the appropriate officials to execute same. (consent) Attachments 7. Solid Waste/General Support Services 7.1 Award a Contract (Purchase Order) to Trane of Tampa, FL for one Air Cooled Rotary Water Chiller in the amount of $154,304.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances -Other governmental bid, and authorize the appropriate officials to execute same. (consent) Attachments 7.2 Award a Contract (Purchase Order) for $178,948.00 to Tampa Truck Center of Tampa, FL for one Freightliner M2 CNG Chassis with Nu Life Model Brush Hawg Grapple Loader in accordance with Sec. 2.564(1)(d), Code of Ordinances -Other governmental bid; authorize lease purchase of $178,948.00 under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 7.3 Award a Contract (Purchase Order) to Rush Truck Center of Tampa, FL for two Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader and Compressed Natural Gas Engine in the amount of $557,441.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances -Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 8. Engineering 8.1 Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, Florida for the East Plant Anoxic Tank Rehabilitation Project (09-0007-UT), increasing the contract amount by $462,887.68 for a new contract total of $1,724,434.78 and a time extension of two hundred thirty eight (238) days; approve a Supplemental Work Order to Engineer of Record (EOR) Jones Edmunds in the amount $74,100.00 for additional Construction Engineering Inspection (CEI) and authorize the appropriate officials to execute same. (consent) Attachments 8.2 Approve Change Order 1 to Wharton-Smith, Inc., for the Marshall Street WRF Rapid Sand Filter Rehabilitation Project in the amount of $455,222.52, for a new contract amount of $2,889,041.76 and authorize the appropriate officials to execute same. (consent) Attachments 8.3 Award a contract (purchase order) to Restocon Corporation, of Tampa, Florida, to restore the Municipal Services Complex (MSC) and Garden Avenue Parking Garages in the amount of $557,610.33, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 8.4 Approve the amendment to the conditions for the vacation of a portion of First Avenue (a.k.a. First Street per field) and pass Ordinance 8308-12 on first reading. Attachments 8.5 Approve the amendment to the conditions for the vacation of a portion of Gulfview Boulevard and pass Ordinance 8309-12 on first reading. Attachments 9. Planning 9.1 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Preservation (P) and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) districts for 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737 and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; and 1745 and 1748 Thomas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East); and pass Ordinances 8303-12, 8304-12 and 8305-12 on first reading. (ATA2011-08003) Attachments 9.2 Approve the first amendment to the first amended and restated Development Agreement between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater, adopt Resolution 12-02, and authorize the appropriate officials to execute same. Attachments 9.3 Deny a Future Land Use Map Amendment from the Institutional (I) classification to the Industrial Limited (IL) classification and a Zoning Atlas amendment from the Institutional (I) District to the Industrial, Research and Technology (IRT) District, and a Development Agreement between AEC Sunset Point, LLC (the property owner) and the City of Clearwater for property located at 2750 and 2754 Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass Ordinances 8294-12and 8295-12 on first reading and do not pass Resolution 12-01. (LUP2011-09003, REZ2011-09006 and DVA2011-10001) Attachments 9.4 Approve amendments to the Community Development Code to permit patrons’ dogs within certain designated outdoor portions of public food service establishments and establish criteria and permits for Dog Friendly Dining, and Pass Ordinance 8306-12 on first reading. (TA2011-10002) Attachments 9.5 Approve amendments to the Community Development Code (CDC) to address general application requirements, zoning atlas amendments, landscape plans, general provisions of the CDC, setbacks for parking lots, parking demand studies, temporary uses, business tax receipts, development agreements, nonconforming structures, nonconforming uses, nonconforming lots, nonconforming accessory use/structures, and the definition of temporary retail sales and displays and pass Ordinance 8310-12 on first reading. Attachments 9.6 Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida for services pursuant to Clearwater RFP 33-10, Clearwater Greenprint: A Framework for a Competitive, Vibrant, Green Future Phase II U.S. 19 Corridor Redevelopment Plan, as described in the Scope of Services for a lump sum fee of $131,185, and authorize the appropriate officials to execute same. (consent) Attachments 10. Official Records and Legislative Services 10.1 Appoint one member to the Parks and Recreation Board with term to expire January 31, 2016. Attachments 11. Legal 11.1 Adopt Ordinance 8307-12 on second reading, amending Chapter 32, Utilities, Section 32.182, and renumbering subsections accordingly, and amending Appendix A, Article XXV, Public Works – Fees, Rates and Charges, Section (1)(c), Clearwater Code of Ordinances, regarding sewer services outside the corporate limits of the city. Attachments 12. City Manager Verbal Reports 12.1 NAACP request: Name Change of the North Greenwood Recreation and Aquatics Attachments 12.2 Pickles Request Attachments 13. Council Discussion Items 13.1 Greenprint Community Gardens -Councilmember Jonson Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting 16.1 Uncorked Presentation -Tammy Gail Attachments Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Service Awards SUMMARY: Five Years of Service Ryan McMullen Police Nicholas Giordano Police Andrew Bellucci Police Eliad Glenn Police Adam Jacques Police Rhobby Jenkins Police James Stewart Police Brian Tejera Police Vasilios Tanakaliotis Public Utilities Blake Maxfield Parks & Recreation Scott Breeding Public Utilities Elmer Foster Parks & Recreation Petras Jakstas Parks & Recreation Jason King Gas Larry Bruce Parks & Recreation Ten Years of Service Steve Ussery Engineering Ioannis Kourmoulakis Solid Waste/General Services Leona Kibbe Library Robert Fahey Engineering Suzanne Judge Police Fifteen Years of Service Michael Walek Police William Smith Police Daniel Harrison Police Twenty Years of Service Richard Garbe Gas Richard Clendenin Gas Janet Skinner Police Twenty-five Years of Service Michael Blake Public Utilities Dale Johnson Public Utilities Barbara Eigenmann Fire Terry LaBelle Public Utilities Review Approval: 1) Human Resources Cover Memo Item # 1 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Florida Section American Water Works Association (FS AWWA) 2011 Water Conservation Awards for Excellence – Best in Class – Efficiency with Alternative Water Supply and Public Education -Glenn Daniel and Jerry Wells SUMMARY: Review Approval: 1) Office of Management and Budget 2) Clerk Cover Memo Item # 2 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Pinellas Alternative Committee Presentation -Scott Pringle, Jacobs Project Manager, Transportation Program SUMMARY: Review Approval: Cover Memo Item # 3 www.PinellasOnTrack.com PINELLAS ALTERNATIVES ANALYSIS Item # 3 PART OF A REGIONAL PLAN OF A LARGER COUNTY AND REGIONAL PLAN Item # 3 IDENTIFY TRANSIT OPTIONS TO IMPROVE PINELLAS COUNTY’S AND THE TAMPA BAY AREA’S QUALITY OF LIFE The study findings will be a blueprint for transit service (such as fast bus or rail) connecting major residential, employment, and other activity centers in Pinellas County, and to Hillsborough County via the Howard Frankland Bridge. STUDY PURPOSEItem # 3 PROCESS AND AREA Item # 3 Bus Rapid Transit Light Rail Commuter Rail PRELIMINARY OPTIONS Item # 3 STEP-BY-STEP DECISION MAKING Screen One Screen Two Geography and Connections Routes and Technology Community Connections and Costs Dec 2010 Jan 2011 Spring 2011 Summer 2011 Fall 2011 Winter 2012 Screen Three Final Screen Item # 3 DECISION MAKING Mayor Frank Hibbard (TBARTA), Chair Vice Mayor Harriet Crozier (MPO), Vice Chair Secretary Donald Skelton (FDOT) Commissioner Karen Seel (MPO) Mayor R.B. Johnson (PSTA) Commissioner Kenneth Welch (PSTA) Councilmember Jeff Danner (TBARTA) David Mechanik (HART) Councilmember Harry Cohen (Hillsborough MPO) Item # 3 As of Dec. 12th: • 67 Events • 20,258 Participants Questionnaire • 1,200 Participants (August-September) PUBLIC OUTREACH 71% 10% 9% 10% Item # 3 IDENTIFYING A DRAFT LPA • Locally Preferred Alternative (LPA)  Preferred Transit Type • December 12th PAC endorsement  General Alignment • Preferred alignment (May 2011 PAC Endorsement) • Includes design alternatives (September & October 2011 PAC Endorsement)  Financial Plan • Capital and operating (November 2011 PAC Endorsement) Item # 3 PINELLAS AA DRAFT LPACharlotte, North Carolina LIGHT RAIL TRANSIT Item # 3 Supporting Network • Existing local service • Expanded local service • Premium transit route • Regional connections DRAFT LPA Item # 3 SATISFYING STUDY GOALS Economic Development Benefits Create 67,000 Jobs Over 30 years* $4.2 Billion into Pinellas County Economy (GDP) Return of $2.50 on Every $1.00 Spent (GDP) Attract New Businesses, Increase in Property Values Improve Air Quality *Note: Information Provided by REMI, Jobs presented in Job Years Note: Accounts for Potential as a Result of Transit Oriented Development Item # 3 LIGHT RAIL ECONOMIC BENEFITS Transit Oriented Development Charlotte, NC (Lynx -Blue Line)  9.6 Miles, 15 Stations, Opened in 2007  Estimated 9.8 Million Sq. Ft. of New Development Between 2005 and 2009  Estimated $1.87 Billion in Investment Along Corridor After Sales Tax Passed Note: Sources can be provided upon request Item # 3 LIGHT RAIL ECONOMIC BENEFITS Transit Oriented Development Dallas, TX (DART)  72 Miles, 62 Stations  Estimated $4.26 Billion in Investment Occurred Around Stations  Residential Property Values Increased By 39% Near Stations Note: Sources can be provided upon request Item # 3 LIGHT RAIL ECONOMIC BENEFITS Transit Oriented Development Denver, CO (Southeast Corridor)  19 Miles, 17 Stations, Opened 2006  In Anticipation of Corridor, Estimated $800 Million in Investment Occurred Around Future Station Locations  Estimated 7.8 Million Sq. Ft. of Development Between 2004 and 2009 Note: Sources can be provided upon request Item # 3 TRANSIT ORIENTED DEVELOPMENT Pinellas AA Assumes ½ Mile TOD Buffer Around Stations Stations Will Evolve Over Time Remain Flexible as Long as Possible Timing, Amount, and Type of Development Driven By Market Forces and Jurisdictions’ Level of Investment in Station Area. Item # 3 SATISFYING STUDY GOALS Mobility Benefits 24,073 Daily Trips on Light Rail** 37,246 New Transit Users in Pinellas 67% Increase in PSTA Riders Less Than an Hour Between Clearwater, Gateway and St. Petersburg Reduction in 101,295 Hours of Delay Daily **Note: Accounts for Potential as a Result of Transit Oriented Development Item # 3 Preliminary Capital Costs DRAFT LPA INVESTMENT -24 miles of light rail -$64-71 million per mile -$1.5 – 1.7 billion ($2011) 16.7% 44.0% 39.3%Professional Services System-Wide Costs Infrastructure System-wide costs include 16 stations Infrastructure costs include rail and structures Item # 3 DRAFT LPA INVESTMENT -24 miles of light rail -$64-71 million per mile -$1.5 – 1.7 billion ($2011) Item # 3 Assumptions • Local Funding Source – 1% Sales Tax • PSTA Annual Costs – Existing local service – Expanded local service • Conceptual Financial Plan – 50% local funding commitment – Equal match from Federal, State, private and public partnerships – Financing project costs (30 years) DRAFT LPA INVESTMENT Approximately $3 to $12 Million Annual Surplus Surplus May Be Applied to Other Transportation Projects Item # 3 • Public comments on Draft LPA • eTownHall meetings (Jan 18) , website, Speakers Bureau NEXT STEPS December – January Public Outreach • Agency Partner formal briefings • 60-second Video, Visualizing Pinellas County’s Transit Future Item # 3 Supporting Future Efforts – MPO Long Range Transportation Plan – Countywide Transportation Plans NEXT STEPS Additional County Discussions – Transit Supportive Land Use Policies – Solidify Financial Plan – Identify Partnerships Item # 3 www.PinellasOnTrack.com • Join the mailing list • Join a stakeholder committee • Send a comment Twitter/PinellasOnTrack Facebook/PinellasOnTrack YouTube/PinellasOnTrack STAY CONNECTEDItem # 3 Thank you! Pinellas Alternatives Analysis www.PinellasOnTrack.com Item # 3 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the creation of the Homeless Leadership Board, Inc., to replace the Homeless Leadership Network, and approve the revised Interlocal Agreement. SUMMARY: The Homeless Leadership Network and the Pinellas County Coalition for the Homeless, Inc. are merging responsibilities and activities into a new organization, the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 2012. It will become the policy and operational leadership entity in the Pinellas Homeless Services System. The Homeless Leadership Network and Homeless Coalition will cease operations on that date. The major reasons behind the creation of the new HLB are: to streamline leadership and make it more effective, efficient and accountable and to focus its efforts on making the homeless services system more effective and performance-driven in moving individuals and families from homelessness to permanent housing. Homeless Leadership Board, Inc. Structure · The HLB will focus on homeless families, individuals, and unaccompanied youth, and those at-risk of homelessness. It will be a non-profit corporation. · The Board of Directors will comprise no more than 21 members and will have one CEO and adequate staff. The initial 19 members will be Board members/CEOs/COOs/other major executive staff in the following categories: o Seven elected officials: § One from the Pinellas Board of County Commissioners § One from: · Clearwater · Largo · Pinellas Park · St. Petersburg · Tarpon Springs § One from Public Defender o Twelve Community Leaders: § One JWB/Children’s Service Board member § Four service experts Cover Memo Item # 4 § Two faith-based organization representatives § Two business representatives § One medical services/hospital representative; § One at-large representative § One homeless/formerly homeless representative · Two major councils of the HLB will provide comprehensive information and recommendations for action and approval to the HLB, the Providers Council and the Funders Council, and will each have a representative on the Board of Directors. (Responsibilities attached) · The HLB will rely on existing human service or business networks and committees as much as possible to discuss and make recommendations on homeless issues instead of creating additional committees. The responsibilities of the HLB Board of Directors will be to set and implement policies; conduct system planning; provide oversight of the goals and track outcomes; perform all lead agency funding oversight responsibilities; coordination and networking. The parties to the Agreement are Pinellas County, City of Clearwater, City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, the Public Defender’s Office, the Pinellas County School Board and the Juvenile Welfare Board. The changes to the Interlocal Agreement are to change the name of the organization to the Homeless Leadership Board throughout the document; add the Public Defender to the signatories; change the ending date to 2022 and amend a few instances of language clean-up from the original document. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 4 HLB Board of Directors Overall responsibility for Homeless/At-Risk System of Services in Pinellas County: Policy Oversight Operations Accountability System Planning Financial Network Providers Council Addresses system design issues and concerns; Makes recommendations to BOD on system issues, concerns, and needed actions, either from the membership or in response to BOD requests. Has elected leadership. Representative of the Council elected to sit on the Board of Directors as voting member. Funders Council Addresses issues and concerns re: funding of the homeless services system components and programs determined to be needed by the full Board of Directors. Strategically aligns funding among all resources, to ensure that system program components are funded most effectively Has elected leadership. Representative of Council sits on the Board of Directors as voting member. Executive Committee Acts as Financial/Audit Committee Executive Staff Note: Ad Hoc Task Groups may be appointed to work on specific issues or concerns, reporting to the appointing body. There will be close coordination with other county-wide groups such as the LIHLN, the H/BHLN, the Administrative Forum, and the HHSCC. Pinellas County Homeless Leadership Board, Inc. (HLB) (12/19/11) Neevia Document Converter Pro v6.1 Item # 4 1 PINELLAS COUNTY HOMELESS LEADERSHIP BOARD INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the CITY OF CLEARWATER, the CITY OF LARGO, the CITY OF PINELLAS PARK, the CITY OF ST. PETERSBURG, the CITY OF TARPON SPRINGS, the JUVENILE WELFARE BOARD/CHILDREN’S SERVICES OF PINELLAS COUNTY, the PUBLIC DEFENDER and the SCHOOL BOARD OF PINELLAS COUNTY. WITNESSETH: WHEREAS, the issue of homelessness impacts all jurisdictions of Pinellas County, and is a quality of life issue concerning County residents; and WHEREAS, it is in the best interests of homeless persons and families, the general public, residents and the affected institutions of Pinellas County to work jointly on solutions to homelessness; and WHEREAS, over the past several years a partnership of public institutions, nonprofit entities and the private sector organizations, known as the “Homeless Leadership Network” (HLN), have examined the problems and potential solutions to address this issue; and WHEREAS, solving homelessness will require effective services to individuals and families coupled with policy solutions in the fields of housing, health care, transportation and employment; and Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 4 2 WHEREAS, the complexity of chronic homeless and the need for comprehensive support systems within the community for chronic homeless requires a collaborative effort; and WHEREAS, Section 163.01 Fla. Stat. provides that agencies of local governments may establish collaborative organizations in which diverse local public agencies may share information in order to positively influence the needs and development of local communities; and WHEREAS, changes in federal law now encourage greater collaboration between parties in the community when attempting to address issues of homelessness; and WHEREAS, communities collaborating in their strategy to address homelessness in their community receive preference points when applying for grants and other federal funding pursuant to the HEARTH Act; and WHEREAS, in order to receive the benefits of our current collaboration through the HLN more efficiently and effectively, the current parties to the HLN agree that it is necessary to transform into a more streamlined entity that more closely tracks the suggested form supported by the federal government; and WHEREAS, in order to achieve this goal the Pinellas County Coalition for the Homeless has agreed to reconstitute its Board of Directors to initially allow seven (7) signatories to this interlocal, who shall constitute the Elected Officials Council, along with twelve (12) other community stakeholders, two (2) of whom may be signatories to this Agreement, to serve as its new Board; and Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 4 3 WHEREAS, the Pinellas County Coalition for the Homeless has agreed to rename its corporate entity for the purpose of more accurately designating the newly formed corporate organization; and WHEREAS, the new corporate name for the organization will be the Pinellas County Homeless Leadership Board; and WHEREAS, the Pinellas County Homeless Leadership Board shall consist of no fewer than fifteen (15) and no more than twenty-one (21) persons, and will be comprised of local Elected Officials and Community Leaders. WHEREAS, the Signatories to this Agreement seek to examine issues relating to how homelessness impacts the County; and WHEREAS, the Signatories to this Agreement seek to encourage improved efficiency, effectiveness; and outcomes in homeless and homeless prevention services, and WHEREAS, the Signatories to this Agreement desire to develop local solutions to homelessness in Pinellas County; and WHEREAS, Section 163.01 Fla. Stat. provides that assignment of duties and responsibilities pursuant to this Agreement requires that the Signatories to this Agreement designate a precise organization and membership. NOW, THEREFORE, in consideration of the mutual promises contained herein and given by each party to the other, the PARTIES hereto covenant and agree as follows: Section 1. INCORPORATION BY REFERENCE That the recitations set forth above are incorporated herein by reference in their entirety. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 4 4 Section 2. LEGAL AUTHORITY. This Agreement is entered into pursuant to the provisions of Sections 163.01, et seq., the Florida Interlocal Cooperation Act of 1969. The PARTIES entering into this Agreement are fully cognizant of the constitutional limitations on the transfer of powers as set forth in Article VIII, Section 4 of the Constitution of the State of Florida and it is the express purpose of this Agreement only to enter into a contract for the provision of establishing a collaborative network addressing homelessness issues and coordinating planning among and between local and state public agencies. This Agreement at all times shall be construed consistent with such constitutional and statutory limitations. The duties and responsibilities set forth in this Agreement to be performed by the PARTIES shall be performed in a manner that is constitutionally permissible and all portions of this Agreement shall be interpreted and administered by the PARTIES accordingly. This Agreement shall be interpreted and administered in such a manner that it will not constitute a transfer, merger or consolidation of powers as those terms are used in the Constitution of the State of Florida or in any statute of the State of Florida as is further set forth in the recitations of this Agreement. Further, this Agreement does not authorize or constitute a delegation of regulatory authority. Section 3. PURPOSE. The purpose of this Agreement shall be for the PARTIES to commit to participation in the Pinellas County Homeless Leadership Board and/or its Providers and Funders Councils in order to continue the work of the Homeless Leadership Network. The Pinellas County Homeless Leadership Board shall accomplish its work by: providing leadership to its mission of preventing, reducing, and ending homelessness in Pinellas County, coordinating best practices throughout the county, and coordinating data and Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 4 5 providing governmental agencies with information and advice regarding homelessness. Section 4. ORGANIZATION & PROCEDURE The Elected Officials Council participating in the Homeless Leadership Board shall consist of one elected official from each of the four HUD entitlement areas (Pinellas County, Cities of Clearwater, Largo, and St. Petersburg); and one elected official from the Cities of Pinellas Park and Tarpon Springs; and the Public Defender. Section 5. NO PLEDGE OF AD VALOREM TAXES. The PARTIES agree that this Agreement does not constitute a general indebtedness of the PARTIES within the meaning of any constitutional, statutory, or charter provision or limitation and it is expressly agreed by the PARTIES that neither the Elected Officials Council nor any PARTY shall ever have the right to require or compel the exercise of ad valorem taxing power of any public agency with taxing authority, or taxation of any real or personal property therein for the payment of any monetary obligations due under the terms of this Agreement. It is further agreed between the PARTIES that this Agreement and any funds called for to be paid hereunder shall not constitute a lien upon any real or personal property of any PARTY. The PARTIES to this Agreement are not obligating themselves to provide funding to the Elected Officials Council. Section 6. AUTHORITY TO ACT. The PARTIES, to the extent allowed by law, are hereby vested with, the powers necessary to implement and carry forth the duties and responsibilities imposed upon the PARTIES or as otherwise designated in the Homeless Leadership Board for the limited purpose of giving official and lawful status and validity to the performance thereof by Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 5 Item # 4 6 such members. Each PARTY to this Agreement so empowered hereby and engaged in the performance of the services, duties and responsibilities described and contemplated herein shall be deemed a member of the Homeless Leadership Board while performing such services, duties and responsibilities which constitute functions of its mission of improving County homeless issue planning. Accordingly, PARTIES are hereby vested with the power to take all appropriate action necessary to adequately examine the local impact and possible solutions to the issue of homelessness in the County. Section 7. SOVEREIGN IMMUNITY. The PARTIES hereto agree that nothing contained herein shall in any way waive the sovereign immunity that they enjoy presently under the Constitution and statutes of the State of Florida including but not limited to the limitations of liability provided in Section 768, Fla. Stat. The PARTIES agree that the mission of the Homeless Leadership Board to improve Countywide homelessness planning is an exercise of the legislative planning function of the COUNTY and CITIES and that at no time will the COUNTY or CITIES exercise any specific operational control over the activities of any members of the Homeless Leadership Board nor shall it perform or undertake any acts that are over and above a planning level function with regard to the administration of this Agreement. Section 8. RECORDS Each signatory to this Agreement shall retain records as necessary to comply with Section 119 of the Florida Statutes. Section 9. NOTICE. Notice as required to be given hereunder shall be given to the specifically designated PARTY to this Agreement. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 6 Item # 4 7 Section 10. TERM. This Agreement shall take effect from the date of execution by all PARTIES and filing of this Agreement with the Pinellas County Clerk of the Court, and continue in effect thereafter through September 30, 2022, unless hereafter extended upon such terms and conditions as the PARTIES hereto may later agree. Any PARTY may terminate this Agreement without cause or further liability to the others upon written notice to the other PARTIES, said written notice to be given not less than one hundred and eighty (180) days prior to the requested termination date. Said notice to be deemed delivered when a copy is delivered to the other PARTIES and a receipt therefore is acknowledged or signed by the other PARTIES. Section 11. THIRD PARTIES. In no event shall any of the terms of this Agreement confer upon any third person, corporation or entity other than the PARTIES hereto any right or cause of action or damages claimed against any of the PARTIES to this Agreement arising from the performance of the obligation and responsibilities of the PARTIES herein or for any other reason. Section 12. ENTIRE AGREEMENT. This Agreement reflects the full and complete understanding of the PARTIES to it and may be modified or amended only by a document in writing executed by all the PARTIES hereto and executed with the same formality of this Agreement. Section 13. NON-ASSIGNABILITY. The PARTIES shall not assign or delegate the obligations, responsibilities or benefits imposed hereby or contained herein to any third party or in any manner contract Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 7 Item # 4 8 for the provision of the services required to be performed herein by a third party without the express written consent of the PARTIES, which consent must have been agreed to at a public meeting and which consent may be withheld within the sole discretion of the PARTIES. <SIGNATURE PAGE FOLLOWS> Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 8 Item # 4 9 IN WITNESS WHEREOF, the parties to this Agreement have caused the same to be signed by their duly authorized representatives this ____ day of __________, 2011. ATTEST: PINELLAS COUNTY, a political subdivision of Ken Burke State of Florida, acting by and through its Board of County Clerk of the Court Commissioners By: ________________________ By: ________________________ Deputy Clerk Chairman Date: ______________ APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY By: ________________________ Attorney ATTEST: CITY OF CLEARWATER By: ________________________ By: ________________________ Title ______________ Date: ______________ APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: ________________________ Attorney CITY OF LARGO ATTEST: By: ____________________ ____ By: ________________________ Title ______________ Date: ______________ APPROVED AS TO FORM Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 9 Item # 4 10 OFFICE OF CITY ATTORNEY By: ________________________ Attorney CITY OF PINELLAS PARK ATTEST: By: ________________________ By: ________________________ Title ______________ Date: ______________ APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: ________________________ Attorney ATTEST: CITY OF ST. PETERSBURG By: ________________________ By: ________________________ Title ______________ Date: ______________ APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: ________________________ Attorney CITY OF TARPON SPRINGS ATTEST: By: ________________________ By: ________________________ Title ______________ Date: ______________ APPROVED AS TO FORM Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 10 Item # 4 11 OFFICE OF CITY ATTORNEY By: ________________________ Attorney JUVENILE WELFARE BOARD OF PINELLAS COUNTY ATTEST: By: ________________________ By: _______________________ Title ______________ Date: ______________ ATTEST: SCHOOL BOARD OF PINELLAS COUNTY By: ________________________ By:________________________ Title ______________ Date: ______________ APPROVED AS TO FORM SCHOOL BOARD ATTORNEY By: ________________________ Attorney OFFICE OF THE PUBLIC DEFENDER By: _________________________________ Date:____________ Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 11 Item # 4 12 The parties to the Agreement shall be: Pinellas County City of Clearwater City of Largo City of Pinellas Park City of St. Petersburg City of Tarpon Springs Public Defender’s Office Pinellas County School Board Juvenile Welfare Board Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 12 Item # 4 Homeless Leadership Board, Inc. (HLB) Background: The Homeless Leadership Network and the Pinellas County Coalition for the Homeless, Inc. are merging responsibilities and activities into a new organization, the Homeless Leadership Board, Inc., effective Feb. 1, 2012. It will become the policy and operational leadership entity in the Pinellas homeless services system, and the Homeless Leadership Network and Homeless Coalition will cease operations on that date. The major reasons behind the creation of the new HLB are to: streamline leadership and make it more effective, efficient and accountable; and to focus its efforts on making the homeless services system more effective and performance-driven in moving individuals and families from homelessness to permanent housing. Homeless Leadership Board, Inc. Structure · The Homeless Leadership Board (HLB) will focus on homeless families, individuals, and unaccompanied youth, and those at-risk of homelessness. It will be a non-profit corporation. · The Board of Directors will be comprised of no more than 21 members (initial Board of 19 members), and will have one CEO and adequate staff. The initial 19 members will be Board members/CEOs/COOs/other major executive staff in the following categories: o Seven elected officials: one each from the Pinellas Board of County Commissioners, the cities of Clearwater, Largo, Pinellas Park, St. Petersburg, and Tarpon Springs, and the Public Defender. o Twelve Community Leaders: § One JWB/Children’s Service Board member; § Four service experts; § Two faith-based organization representatives; § Two business representatives; § One medical services/hospital representative; § One at-large representative; § One homeless/formerly homeless representative. · Two major councils of the HLB will provide comprehensive information and recommendations for action and approval to the HLB, the Providers Council and the Funders Council, and will each have a representative on the Board of Directors. · The Homeless Leadership Board, Inc. will rely on existing human service or business networks and committees as much as possible, to discuss and make recommendations on homeless issues, instead of creating additional committees. Responsibilities of the HLB Board of Directors: · Policy: Set and implement policies for the homeless services system in whole and part, and ensure the system and its parts adhere to the adopted principles and policies. · System Planning: Plan, implement, and advocate for design and critical activities of the Pinellas system of services based on identified homeless/at-risk population needs, numbers, and concerns. · Oversight: Monitor and report on system and provider performance towards adopted communitywide goals and outcomes, including those in the Ten-Year Plan to End Homelessness. Provide oversight of TBIN (Tampa Bay Information Network) as it applies to the homeless/at risk population. · Accountability: Design, track, and report on outcomes and accountability measures to ensure resources are used effectively and ensure that the system moves people from homelessness to stable housing. Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 1 Item # 4 · Operations: Perform all ‘Lead Agency’ responsibilities for federal and state homeless funding such as the HUD Continuum of Care and the State homeless grants. Ensure that it has staff funded at the level needed to carry out the work of the leadership entity, from multiple resources and with strong local government support. · Financial: Administer funding from federal, state, and local public and private resources for homeless services, and provide strategic alignment of local funding to best meet the county-wide service system needs. Secure additional resources for homeless/at-risk services. · Coordination: Coordinate planning, funding, and activities with existing groups as much as possible, such as the Low Income Housing Leadership Network, the Health/Behavioral Health Network, the Administrative Forum, the HHSCC, and business groups. · Network: Act as the Homeless Leadership Network as part of the overall HHSCC structure. Responsibilities and Membership of the Providers Council: · Responsibilities: o Make recommendations to the full HLB on homeless/at-risk services system issues, concerns and needed actions, either in response to HLB requests or on issues raised by Providers Council members. o Annually review and make recommendations on activities and priorities that enable the Pinellas system of services to meet and exceed HUD/Continuum of Care and other performance standards. o Coordinate planning and recommendations with other community-wide planning groups such as the component parts of the Health and Human Services Coordinating Council. · Membership: o Shall have at least eight and no more than thirty members who are representatives from homeless/at-risk service providers and other organizations that are actively involved in services that affect homeless/at-risk target groups, including but not limited to: service providers, housing developers, one or more Public Housing Agencies, WorkNet Pinellas, Veterans Administration, Pinellas County Schools, PERC. Responsibilities and Membership of the Funders Council: · Responsibilities: a. Make recommendations to the full HLB on funding of homeless/at-risk programs and services, either in response to HLB requests or on issues raised by Funders Council members. Strategically align funding resources available for homeless/at-risk programs and services to make the most effective use of scarce resources. b. Annually review and make recommendations on the best use of funds from specific resources to the HLB, for activities and priorities that enable the Pinellas system of services to meet and exceed performance standards, including the HUD Continuum of Care, State of Florida homeless funding, and/or local public or private sources. c. Coordinate funding planning and recommendations with other community-wide funding and planning groups, such as the component parts of the Health and Human Services Coordinating Council. · Membership: o Shall have at least eight and no more than 20 members, include representatives from Pinellas County, five cities (Clearwater, Largo, Pinellas Park, St, Petersburg, and Tarpon Springs), JWB/Children’s Services Council, United Way, businesses, foundations, and other funders of services that affect all homeless/at-risk target groups. Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 2 Item # 4 The New Homeless Leadership Board, Inc. Presentation to Interlocal Agreement Signatories Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 1 Item # 4 Pinellas County Homeless Leadership Board, Inc. (HLB) Providers Council HLB Board of Directors Overall responsibility Funders Services, System Design for Homeless/At-risk System of Services in Pinellas County Executive Committee Council System, Services Funding Executive Staff Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 2 Item # 4 Ø City of Clearwater Ø City of Largo Ø City of Pinellas Park Ø City of St. Petersburg New Interlocal Agreement Signatories Ø City of Tarpon Springs Ø Pinellas Board of County Commissioners Ø JWB Children’s Services Council Ø School Board of Pinellas County Ø Public Defender Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 3 Item # 4 The New Homeless Leadership Board, Inc. Presentation to Interlocal Agreement Signatories Attachment number 5 \nPage 1 Item # 4 Pinellas County Homeless Leadership Board, Inc. (HLB) Providers Council HLB Board of Directors Overall responsibility Funders Services, System Design for Homeless/At-risk System of Services in Pinellas County Executive Committee Council System, Services Funding Executive Staff Attachment number 5 \nPage 2 Item # 4 Ø City of Clearwater Ø City of Largo Ø City of Pinellas Park Ø City of St. Petersburg New Interlocal Agreement Signatories Ø City of Tarpon Springs Ø Pinellas Board of County Commissioners Ø JWB Children’s Services Council Ø School Board of Pinellas County Ø Public Defender Attachment number 5 \nPage 3 Item # 4 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record. Type: Other Current Year Budget?: No Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0566-00000-364413-000-0000 To Be Determined Sale proceeds Bid Required?: No Bid Number: Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 5 ITEM # ASSET # YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS /DISPOSAL 1 G1315 1981 CUSHMAN 8984358110 549293 Age/Condition/Not Replaced 2 G1574 1996 FORD TAURUS 4 DOOR SEDAN 1FALP52U2TA183928 55,323 Repairs/Condition 3 G2018 1999 FORD F250 UTILITY BODY PICK UP TRUCK 1FDNF20L8XEC03396 56,112 Budget Reduction 4 G2220 2000 GMC JAWS TRUCK 1GDP7C1C7YJ507841 87,370 Age/Condition/Replaced 5 G2269 2000 CHEVROLET EXPRESS CARGO VAN 1GCFG25M5Y1268044 80,779 Age/Condition/Replaced 6 G2311 2000 CHEVROLET CAVALIER 1G1JC5245Y7361583 43,115 Repairs/Condition 7 G2404 2001 FORD CROWN VIC POLICE VEHICLE 2FAFP71W91X155897 76,051 Age/Condition/Replaced 8 G2469 2002 CHEVROLET SILVERADO 3500 U/BODY P/UP 1GBJC34U72E261100 98,461 Age/Condition/Replaced 9 G2567 2001 CHEVROLET 2500 PICK UP TRUCK U/B 1GCHC24UX1E230880 91,548 Age/Condition/Replaced 10 G2597 2002 GMC SONOMA PICKUP TRUCK 1GTCS19W428188725 59,683 Repairs/Condition 11 G2599 2002 GMC SONOMA EXTENDED CAB P/UP TRUCK 1GTCS19W628184756 72,697 Budget Reduction/Not Replaced 12 G2623 2003 FORD CROWN VIC POLICE VEHICLE 2FAFP71W83X125180 76,615 Age/Condition/Replaced 13 G2637 2003 FORD F450 UTILITY BODY PICKUP TRUCK 1FDXF46S03EC65629 103,598 Age/Condition/Replaced 14 G2793 2004 WESTWARD GO-4 INTERCEPTOR II 3 WHEEL 2W9MPH5533PO44258 48,365 Repairs/Condition 15 G2831 2004 TORO ZMASTER RIDING MOWER 24000335 982 hours Age/Condition/Replaced 16 G2992 2005 FORD CROWN VIC POLICE VEHICLE 2FAFP71WX5X143991 91,892 Age/Condition/Replaced 17 G2994 2005 FORD CROWN VIC POLICE VEHICLE 2FAFP71W75X143978 79,681 Age/Condition/Replaced 18 G3000 2005 FORD CROWN VIC POLICE VEHICLE 2FAFP71W25X143984 89,472 Age/Condition/Replaced 19 G3001 2005 FORD CROWN VIC POLICE VEHICLE 2FAFP71W35X143993 95,706 Age/Condition/Replaced 20 G3007 2005 FORD CROWN VIC POLICE VEHICLE 2FAFP71W45X143985 102,170 Age/Condition/Replaced 21 G3137 2006 PERAGREEN RIDE ON SPREADER 5445 335 hours Repairs/Condition 22 G3548 2008 KAWASAKI PRAIRIE 360 4X4 ATV JKBVFHA168B573839 628 hours Age/Condition/Replaced 23 G3717 2000 SIMPSON PRESSURE WASHER 9808163 Age/Condition/Replaced Accident Damage/Not Replaced Budget Reduction/Not Replaced Age/Condition/Replaced Age/Condition Surplus for January 2012 Auction Neevia Document Converter Pro v6.1 Item # 5 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the first renewal of a Purchase Order, in the amount of $939,050, with Florida Gas and Electric Corporation for the Installation of Gas Mains and Service Lines for the period February 1, 2012 to January 31, 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Gas and Electric, located at 8011 Land O'Lakes Boulevard Land O' Lakes, FL 34638, is one of two Clearwater Gas System (CGS) contractors who install Gas Mains and Service Lines to meet residential, commercial and industrial customer requirements in support of gas sales and operations. Florida Gas and Electric has performed satisfactory work since the contract was awarded on February 1, 2011. This is the first of two renewals authorized in the original bid. Florida Gas and Electric has agreed in writing to hold current pricing on the estimated quantities for the Installation of Gas Mains and Service Lines in Bid 05-11 in the contract amount of $939,050 for the period February 1, 2012, to January 31, 2013, and has provided a Performance Bond and Proof of Insurance. Funds are available in Code 315-96378 ($657,335) Pasco New Mains and Service Lines, Code 315-96377 ($281,715) Pinellas New Mains and Service Lines, in the Clearwater Gas System budget to support these requirements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: 939,050 Annual Operating Cost: 939,050 Not to Exceed: 939,050 Total Cost: 939,050 For Fiscal Year: 10/1/2011 to 9/30/2012 Appropriation Code Amount Appropriation Comment 315-96377 $281,715 Pinellas New Mains and Service Lines 315-96378 $657,335 Pasco New Mains and Service Lines Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) City Manager 7) Clerk Cover Memo Item # 6 Multiple files are bound together in this PDF Package. Adobe recommends using Adobe Reader or Adobe Acrobat version 8 or later to work with documents contained within a PDF Package. By updating to the latest version, you’ll enjoy the following benefits: • Efficient, integrated PDF viewing • Easy printing • Quick searches Don’t have the latest version of Adobe Reader? Click here to download the latest version of Adobe Reader If you already have Adobe Reader 8, click a file in this PDF Package to view it. Neevia Document Converter Pro v6.1 Item # 6 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13, and 2013/14 and authorize the appropriate officials to execute same. (consent) SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30, 2011. City management staff and representatives of CWA Local 3179 began discussions in October of 2011 regarding a new collective bargaining agreement in conjunction with negotiations over proposed changes to the City Pension Plan. On December 6, 2011, the parties reached a tentative agreement for a new contract as part of a package deal that included the proposed Pension Plan changes. The bargaining agreement and proposed Pension Plan changes were subsequently submitted by the Union to its bargaining unit, which ratified the agreement on January 5, 2012. The agreement is a three-year contract providing for a 2.5% merit increase in each year for all bargaining unit personnel who attain a Meets Expectations rating on their annual performance evaluation, with any amount that exceeds the respective employees’ pay range maximum being paid as a one-time lump sum. The agreement also clarifies rules regarding hours of work, and modifies existing alternate duty and absence management provisions to reduce the amount of time that employees may be absent from their designated position. A first quarter budget amendment will allocate reserves from the operating funds to cover the cost of CWA pay increases for the current budget year. Future budgets will include the contract costs in the proposed budgets. The costs associated with the implementation of this agreement are anticipated to be approximately as follows: Fiscal Year 2011/2012: $776,900 All funds $337,000 General Fund Fiscal Year 2012/2013: $796,300 All funds $345,450 General Fund Fiscal Year 2013/2014: $816,200 All funds $354,000 General Fund TOTAL: $2,389,400 All funds $1,036,450 General Fund Type: Other Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: $776,900 Annual Operating Cost: Not to Exceed: Total Cost: $2.389M For Fiscal Year: 2012 to 2013 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 7 AGREEMENT between CITY OF CLEARWATER, FLORIDA and COMMUNICATIONS WORKERS OF AMERICA, Local 3179 FISCAL YEARS 2011-2012 2012-2013 2013-2014 Attachment number 1 \nPage 1 Item # 7 Attachment number 1 \nPage 2 Item # 7 TABLE O F CO N TEN TS ARTICLE # TITLE PAG E # Preamble ......................................................................................... 1 Article 1 Recognition .............................. ...................................................... 1 Included & Excluded M em bers ................................................................... 1 M anagerial & Confidential Em ployees ....................................................... 1 G eneral Provisions ........................................................................................ 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties ............................................................................. 3 City’s M anagem ent Rights ............................................................................ 3 Union Rights .............................................................................. .................... 4 Em ergency Conditions ................................................................................. 6 Im pact Bargaining ................................................... ....................................... 7 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 7 Article 6 Grievance Procedure ...................................................................... 8 D efinition ............................... ......................................................................... 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 10 Article 7 Personnel Practices ................................................... ................... 12 Regular W ork H ours ................................................................................... 12 Appointm ents & Prom otions ........................................ ............................ 13 Probationary Periods ................................................................................... 15 H ealth & Safety .......................................... .................................................. 17 Paycheck Issuance ....................................................................................... 18 Article 8 Leaves of Absence ........................................................................ 18 D esignated H olidays .................................................................................... 18 Floating H olidays ......................................................................................... 20 Vacation ........................................................................... ............................. 21 Sick Leave ..................................................................................................... 24 Funeral Leave .................................... ........................................................... 29 Line-of-D uty Injury ..................................................................................... 30 M ilitary Leave ............................................................................................... 31 Jury D uty and Court Tim e ................................................................... ...... 32 Adm inistrative Leave................................................................................... 32 Leaves without Pay .............................................................. ........................ 33 O ther Tim e O ff ........................................................................................... 33 Union Tim e .............................................. .................................................... 34 Alternate D uty & Return to W ork ............................................................ 35 Attachment number 1 \nPage 3 Item # 7 TABLE O F CO N TEN TS ARTICLE # TITLE PAG E # Article 9 Wages & Compensation ............................................................... 36 Salary................................................. ............................................................. 36 O vertim e ....................................................................................................... 37 Standby & Recall .......................................................................................... 37 Shift D ifferential .................................................................... ...................... 39 Acting Pay ..................................................................................................... 39 Training D ifferential .................................. .................................................. 39 Leadworker Pay............................................................................................ 39 Assignm ent Pay D ifferential ...................................................................... 40 Uniform s & Rain G ear ............................................................................... 40 Certification Pay ........................................................................................... 41 Replacem ent & Repair of Tools/ASE Certifications ............................. 42 Training and Career D evelopm ent ............................................................ 42 Travel and M ileage............................................................................... ........ 42 Com m ercial D rivers License ...................................................................... 42 Tuition Reim bursem ent ........................................................... ................... 43 Article 10 Insurance ...................................................................................... 43 Article 11 Performance & Discipline ............................. ............................... 44 Article 12 Drug & Alcohol Policy ................................................................. 44 Article 13 Retirement ........................................ ............................................ 45 Article 14 Seniority, Layoff, and Recall ........................................................ 46 Seniority ........................................ ................................................................ 46 Layoff ............................................................................................................ 47 Article 15 Duration, Modification, & Termination ...................................... 48 Appendix A Alphabetical Listing of Represented Classifications ......................i Appendix B Pay Range Tables ........................................................................... v Attachment number 1 \nPage 4 Item # 7 1 PREAMBLE The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the City, and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as the Union, (PERC Certification Number 170), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours and other term s and conditions of em ploym ent for em ployees of the City of Clearwater, Florida, who are m em bers of the unit as herein defined: Included: N onprofessional em ployees of the City of Clearwater (See Appendix for listing of included job classifications). Excluded: D epartm ent H eads; D ivision H eads; M anagerial and Confidential Em ployees within the m eaning of Section 447.203 (4, 5), Florida Statutes; all Professional Em ployees within the m eaning of Section 447.203 (13), Florida Statutes; and all other em ployees of the City of Clearwater not specifically included. Section 1. Managerial Employees "M anagerial Em ployees" as defined in Section 447.203 (4), Florida Statutes, are em ployees who have authority in the interest of the public em ployer, City of Clearwater, to form ulate policy or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a m ajor role in the adm inistration of agreem ents resulting in collective bargaining, or have a significant role in personnel adm inistration or em ployee relations and in the preparation and adm inistration of budgets and said roles are not of a routine, clerical or adm inistrative nature and require the exercise of independent judgm ent. H istorically, these job classifications have been treated as m anagerial within the foregoing criteria. Section 2. Confidential Employees "Confidential Em ployees" as defined in Section 447.203 (5), Florida Statutes, are em ployees who act in a confidential capacity to assist or aid m anagerial em ployees as set forth above and as defined in the Florida Statutes; specifically said em ployees have access to and assist in the preparation for collective bargaining, budget, and all have access to inform ation dealing with the adm inistration of this contract, including the handling of grievances under the grievance procedure as set forth herein. Attachment number 1 \nPage 5 Item # 7 2 Section 3. General Provisions This Agreem ent shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreem ent or any application of this Agreem ent to any em ployee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent perm itted by law, but all other provisions of this Agreem ent shall continue in full force and effect. N o change, rescission, alteration or m odification of this Agreem ent, in whole or in part, shall be valid unless the sam e is ratified by the City and the Union and endorsed in writing. The parties acknowledge and agree that, during the negotiations which resulted in this Agreem ent, each had the unlim ited right and opportunity to m ake dem ands and proposals with respect to any subject or m atter included by law within the area of collective bargaining and that all the understandings and agreem ents arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreem ent. Therefore, the City and the Union, for the life of this Agreem ent, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any m atter or subject not specifically referred to or covered by this Agreem ent, whether or not such m atters have been discussed, even though such subjects or m atters m ay not have been within the knowledge or contem plation of either or both parties at the tim e that they negotiated or signed this Agreem ent. This Agreem ent contains the entire contract, understanding, undertaking and agreem ent of the parties hereto and finally determ ines and settles all m atters of collective bargaining for and during its term except as m ay be specifically otherwise provided herein. Section 4. A City or D epartm ent rule, regulation, policy or procedure now in existence in conflict with this Agreem ent shall be resolved by m odification of such rule, regulation, policy or procedure to be com patible with this Agreem ent. Section 5. The parties agree to bargain proposed changes in the City's Civil Service Rules that deal with m andatory subjects of collective bargaining and any im pact these changes m ay have on bargaining unit m em bers. ARTICLE 2 REPRESENTATIVES OF PARTIES The City agrees that during the term of this Agreem ent it will deal only with the authorized representatives of the Union in m atters requiring the m utual consent or other official action called for by this Agreem ent. The Union agrees to notify the City in writing of the nam e of such authorized representatives. W ritten notice of the replacem ent of authorized Union representatives shall also be provided to the City M anager, and the City shall not recognize the designated replacem ent representatives until 24 hours after having received such written notice. The Union agrees that during the term of this Agreem ent it will deal only with the authorized representatives of the City, to wit: the City M anager or his/her designees. Attachment number 1 \nPage 6 Item # 7 3 ARTICLE 3 RIGHTS OF PARTIES Section 1. Em ployees in the bargaining unit shall have the right to form , join, and participate in, or to refrain from joining, form ing, or participating in the Union. N either the City nor the Union will discrim inate against any em ployees in regard thereto. Section 2. The City and the Union will not discrim inate against em ployees in the unit because of race, color, sex, age, national origin, disability, religion, m arital status, or m em bership or non-m em bership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications or taking other such actions as perm itted by law. If a charge of discrim ination by an em ployee against the City, its officers, or representatives is filed with any appropriate agency having jurisdiction of such charge, said em ployee or the Union will not file or pursue a grievance under Article 6 of this Agreem ent. If a grievance is pending at the tim e such a charge is filed, it shall be considered withdrawn. Section 3. It is understood that the provisions of this Article em brace all rights of em ployees covered by all federal, state, county and city laws and regulations. Section 4. Citys Management Rights The City reserves, retains, and is vested with exclusively, all rights of m anagem ent which have not been expressly abridged by specific provisions of this Agreem ent. The exclusive rights of m anagem ent include, but are not lim ited to, the following: A. to m anage the City generally and to determ ine the issues of policy; B. to determ ine the facts which are the basis of m anagem ent decisions; C. to determ ine the necessity or organization of any service or activity conducted by the City and to expand or dim inish services; D . to determ ine the nature, m anner, m eans, and technology, and extent of services to be provided to the public; E. to determ ine m ethods of financing and budgeting; F. to determ ine the types of equipm ent and technology to be used; G . to determ ine and/or change the facilities, m ethods, technology, m eans and size of the work force by which the City operations are to be conducted; H . to determ ine and change the num ber of locations, relocations, and types of operations, processes, and m aterials to be used in carrying out all City functions including, but not lim ited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreem ent; Attachment number 1 \nPage 7 Item # 7 4 I. to assign work to and schedule em ployees in accordance with requirem ents as determ ined by the City, and to establish and change work schedules and assignm ents; J. to relieve em ployees from duties for lack of work, lack of funds or any other non-disciplinary reasons; K. to discharge, suspend, dem ote, or otherwise discipline em ployees for just cause; L. to determ ine job classifications and to create, m odify or discontinue jobs; M . to hire, transfer, prom ote, and dem ote em ployees; N . to determ ine policies, procedures, and standards for selection and training; O . to establish productivity program s and em ployee perform ance standards including, but not lim ited to, quality and quantity standards and to require that such standards be followed; P. to m aintain order and efficiency in its facilities and operations; Q . to establish and prom ulgate and/or m odify rules and regulations and standard operating procedures; R. to otherwise take such m easures as the City m ay determ ine to be necessary to the orderly and efficient operation of its various operations, functions and services; Section 5. Union Rights A. Check-O ff The City shall deduct dues twice per m onth in am ounts as certified to the City by the Secretary-Treasurer of the Com m unications W orkers of Am erica and will rem it the aggregate deduction so authorized together with an item ized statem ent to the Secretary-Treasurer. D ues deductions will be rem itted within 30 days from the date of the deduction on a m onthly basis. Changes in Union m em bership dues will be sim ilarly certified to the City in writing and shall be done at least 30 days prior to the effective date of such change. N otwithstanding anything herein to the contrary, any authorization for dues deduction m ay be cancelled by the em ployee upon 30 days written notice to the City and to the Union. The Union shall indem nify and hold harm less the City from any and all claim s or dem ands and expenses in connection therewith based upon the City's participation in dues deduction. N othing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessm ents. Attachment number 1 \nPage 8 Item # 7 5 B. The Union shall have access to City conference room s and other sim ilar building facilities, if available, for m eetings of the Union in the sam e m anner as the general public. H owever, the Union shall have access to available facilities, without charge, for m eetings to ratify this Agreem ent. C. A copy of the official City Council agenda shall be m ade available to the Union. D . The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City m aintains an em ployee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting m em bership. E. All perm issible notices shall be signed by a duly recognized officer of the Union and m ay be delivered through the City's departm ental interoffice m ail system . The City agrees to accept from the Union, review for appropriateness, and forward perm issible notices via e-m ail to a list of work sites and designated bargaining unit m em bers as approved in advance by the City. The City reserves the right to discontinue the use of e-m ail for such purpose at any tim e if the City determ ines that the approved and forwarded e-m ail is not used for the intended purpose. F. The Union President will be provided, on a quarterly basis or upon request, the nam es, and hom e addresses, and such other data that is readily available from the City’s inform ation database for all current em ployees of the City who are in the bargaining unit. The Union shall have access to such nam es and addresses at any tim e pursuant to public records law, subject to such fees as m ay be proper in accordance with state law. G . The Union representatives shall be allowed as defined below tim e off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgm ent of the D epartm ent or City, the perform ance of this function by the Union representative shall in no way interrupt the norm al functioning of City work assignm ents. The investigation of grievances by Union representatives shall not be conducted in greater than 2-hour increm ents per day. The Union agrees to guard against the use of excessive tim e for such activities which are authorized by this Agreem ent. The Union representative will provide advance notice to his/her supervision to allow planning arrangem ents to enable the Union representative tim e off for investigative activity. W hen a Union representative desires to contact an em ployee in the unit who has a com plaint, he/she shall first obtain perm ission from the em ployee’s supervisor. If perm ission is denied at that particular tim e, the Union representative will be inform ed of the reason for the denial. H owever, the denial of perm ission shall not be subject to the grievance procedure. The Union representative will notify his/her supervisor upon his/her return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a Union representative. Attachment number 1 \nPage 9 Item # 7 6 H . There shall be an average of one Union steward for each City departm ent or one for each 35 em ployees in the bargaining unit. N o division shall be assigned m ore than one Union representative unless the D ivision has m ore than 35 em ployees, then one Union steward for each 35 em ployees or fraction thereof m ay be assigned. I. The City shall perm it the Union to m ake a presentation to all new bargaining unit m em bers at the City new em ployee orientation. Subject m atter of the Union presentation and any Union m aterials to be distributed m ust be approved by the City M anager or his/her designee. Section 6. Miscellaneous A. Shared Cost of Printing Agreem ent --The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreem ent in pocket booklet form for all em ployees in the unit. If the City is unable to perform the printing or copying internally, the City agrees to include up to three printers of the Union’s choice in obtaining quotes for services in accordance with City purchasing guidelines. The City further agrees to utilize the printer of the Union’s choice if such printer subm its the lowest bid, or provided the Union pays the difference in copying costs between that of the Union’s printer and that of the printer subm itting the lowest bid. B. Review of Personnel File --O n reasonable advance notice, em ployees shall be allowed to review their personnel files. C. Participation in Charity D rives --Em ployees are encouraged to participate in charity drives. H owever, no em ployees will be pressured by either party to this Agreem ent to contribute to any charity. D . Union Com m ittees --Certain com m ittees of the Union m ay be allowed to m eet during norm al work hours, this tim e to be subject to approval by the City M anager's office. Such com m ittees and m eetings shall not include preparation for bargaining. E. Use of City Copying Equipm ent --Cost to be paid by the Union for printing of Union m aterial in accordance with the established City rate for copies. This m aterial shall be noncontroversial in nature and subject to advance review by the City M anager or his/her designee. Section 7. If in the sole discretion of the City M anager or the M ayor it is determ ined that civil em ergency conditions exist or m ay exist, including, but not lim ited to, riots, civil disorders, hurricane conditions, strikes, or sim ilar catastrophes or disorders, this Agreem ent m ay be suspended by the City M anager or the M ayor during the tim e of the declared em ergency, provided that wage rates and other direct m onetary paym ents shall not be suspended. Further, a discharge, suspension or dem otion occurring during such em ergency m ay be pursued as a grievance upon the term ination of the em ergency. The date of term ination of the em ergency shall be considered the first day under the grievance procedure. Attachment number 1 \nPage 10 Item # 7 7 Section 8. Impact Bargaining The City and Union agree to bargain the im pact of the exercise of M anagem ent Rights to change wages, hours or term s and conditions of em ploym ent of any person covered by this Agreem ent. The City will notify the Union of any proposal that m ay affect wages, hours, or term s and conditions of em ploym ent prior to im plem entation. The Union will notify the City in writing, within 30 calendar days, of the specific im pact and the intent of the Union to bargain the im pact of the change. Failure to notify the City of the specific negotiable im pact of a proposed change within the tim e lim it prescribed above shall constitute acceptance of the change on the part of the Union and the City m ay im plem ent the change at the end of the prescribed tim e lim it. If tim ely notice is given, the proposal shall not be im plem ented until resolution is reached. The City and the Union will then negotiate those im pacts. In the event of an im passe on said bargaining, the parties agree the Special M agistrate process is waived and the parties will proceed directly to the City of Clearwater Council for final and binding resolution of the issues. The parties m ay call for a Special M agistrate upon m utual agreem ent endorsed in writing. ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. Section 2. In addition to the prohibitions and penalties prescribed in the aforem entioned sections of the Florida Statutes, the parties specifically agree that any individual em ployee engaging in such activity m ay be im m ediately term inated in accordance with said Statutes. In addition, liability shall attach to such individual em ployee as well as the Union if the provisions of this section are violated. Section 3. Should the Union or any of its em ployees breach this Article, the City m ay, in addition to the rem edies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a tem porary injunction at an ex parte hearing. ARTICLE 5 LABOR/MANAGEMENT COOPERATION The Union recognizes and supports the concept of a Labor-M anagem ent Com m ittee to address city-wide em ployee concerns that are not specifically provided for by contract provisions and to im prove labor-m anagem ent com m unications. Such a com m ittee shall be established, to be com posed of six representatives selected by the Union and six representatives selected by the City. Resource people, visitors, and a facilitator if necessary m ay attend Com m ittee m eetings upon m utual agreem ent of the Union and the City. Rules and operating procedures of the Com m ittee shall be established and m ay be changed by m utual agreem ent of the City and the Union. Attachment number 1 \nPage 11 Item # 7 8 The Labor-M anagem ent Com m ittee shall not be intended to bypass the grievance procedure. The Com m ittee shall have advisory powers only but m ay propose standard policies and procedures to be followed city-wide. H owever, decision m aking responsibility shall continue to rem ain with line m anagem ent of the City and with line officers of the Union. If such recom m endations are adopted by the City M anager, they shall not be applied to bargaining unit em ployees if they are in conflict with the provisions of the CW A contract. The City will fund the registration cost only for up to five Union m em bers who are current City em ployees to attend the Florida Labor M anagem ent Conference or a sim ilar labor-m anagem ent conference or sem inar within the state of Florida one tim e for each year of the Agreem ent. The expenditures of any such funds m ade available by the City will require the m utual agreem ent of the City and the Union. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a m eans for the fair, expeditious and orderly settlem ent of disputes that arise under this Agreem ent between the Union and/or an em ployee and the City. All em ployees and supervisory personnel should m ake every possible effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or com plaint regarding the interpretation or application of the term s of this Agreem ent. G rievances m ay be filed by the City or by an aggrieved em ployee through the Union. Entrance probationary em ployees shall not have access to the grievance procedure during the probationary period. G rievances initiated by the City shall always begin in Step 3, as hereinafter provided. A class-action grievance m ay be filed by the Union if an action or dispute directly affects m ore than one bargaining unit em ployee. A class-action grievance m ay begin at Step 3. Section 2. N o em ployee or group of em ployees m ay refuse to follow directions pending the outcom e of a grievance. Em ployees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreem ent. Com pliance with such directives will not in any way prejudice the Union and/or em ployee's right to file a grievance within the tim e lim its contained herein, nor shall com pliance affect the ultim ate resolution of the grievance. Section 3. It is recognized and accepted by the Union and the City that the processing of grievances is of utm ost im portance, and therefore grievances m ay be processed during em ployees' norm al working hours without loss of wages when the absence of em ployees or supervisors involved is reasonable and will not, in the judgm ent of the D epartm ent H ead or City M anager or City M anager's designee, be detrim ental to the work program s of the City. A grievant m ay be accom panied by a Union representative at any tim e during the grievance procedure. The City will attem pt to accom m odate all parties in the processing of grievances. Attachment number 1 \nPage 12 Item # 7 9 Section 4. If an em ployee selects the grievance procedure, as hereinafter set out under this Agreem ent, it is specifically understood that said em ployee has exercised his/her option granted by Florida Statutes 447.401 and cannot thereafter process his/her com plaint under any Civil Service appeal procedure. Any em ployee presenting a grievance shall be referred to a Union representative after which the Union will advise whether the grievance is m eritorious for processing, and shall be form ally processed in accordance with the steps outlined below. W hen the City is inform ed by the Union that it is representing an em ployee in the grievance process, the City shall not deal directly with the em ployee throughout the process except at the em ployee’s specific written request. The Union shall be afforded the opportunity to be present at the resolution or determ ination of any grievance involving a bargaining unit m em ber. N orm al working hours shall be 8:00 a.m . to 5:00 p.m . on norm al work days which are M onday through Friday, except holidays. Step 1 W ithin 15 working days after such alleged violation is known by the grievant, the Union and/or aggrieved em ployee will present the grievance in writing on the appropriate form to the em ployee's division head and a copy to the City M anager or his/her designee. The written grievance at this step, and at all steps thereafter, shall contain the inform ation specified on the grievance form s. Form s will be m ade available to em ployees by both parties. G rievances subm itted which do not contain the inform ation required on the form shall be returned to the Union and/or em ployee for com pletion. The Union and/or em ployee shall be advised as to why the form is not com plete. This shall extend the required tim e for subm ittal of the grievance to 5 working days from the tim e that the grievance is returned to the grievant. Upon acceptance of the grievance, the grievance form m ay not be am ended from the original written grievance at the initial step of the grievance procedure except by m utual agreem ent of the parties. The division head will arrange for a m eeting with the Union and/or grievant within five working days after receipt of the grievance or failure of the parties to resolve the grievance inform ally. A grievant m ay have a Union representative accom pany him /her to the m eeting with the division head to whom the em ployee is responsible. D iscussions shall be inform al for the purpose of settling differences in the sim plest and m ost direct m anner. The division head will provide the Union and/or the grievant with a written answer on the grievance within five working days from the date of said m eeting. If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days, m ay appeal the grievance to Step 2. Attachment number 1 \nPage 13 Item # 7 10 Step 2 If the grievance is appealed to the D epartm ent D irector, the D epartm ent D irector or designee will arrange for a m eeting with the Union and/or grievant within five working days after receipt of the grievance. A grievant m ay have a Union representative accom pany him /her to the m eeting with the D epartm ent D irector or designee to whom the em ployee is responsible. D iscussion shall be inform al for the purpose of settling differences in the sim plest and m ost direct m anner. The D epartm ent D irector or designee will provide the Union and/or grievant with a written answer on the grievance within five working days from the date of said m eeting. If the grievance is not resolved at Step 2, the Union and/or grievant m ay, within ten working days, appeal the grievance to Step 3. Step 3 If the grievance is appealed to the City M anager or his/her designee, the City M anager or his/her designee will arrange for a m eeting with the Union and/or grievant within 10 working days of receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. D iscussion shall be inform al for the purpose of settling differences in the sim plest and m ost direct m anner. Acting for the City, the City M anager or his/her designee shall, within 21 calendar days, provide a written decision to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance m ay be subm itted to arbitration. Step 4 Arbitration A. W ithin 30 calendar days from the receipt of the decision of the City M anager or his/her designee for a Union/em ployee initiated grievance, or failure to resolve a City-initiated grievance as provided in Section 5, M iscellaneous, subparagraph “H ” hereof, the party requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate and shall at the sam e tim e request a list of seven arbitrators from the Federal M ediation and Conciliation Service. For Union initiated grievances involving suspension, dem otion, or dism issal, the tim e lim it for requesting arbitration shall be 90 calendar days following receipt by the Union of the City M anager or designee’s decision. Each party shall have the right to unilaterally reject one list of arbitrators received from FM CS. Thereafter, a list m ay only be rejected by m utual consent of the parties. B. W ithin 10 calendar days after receipt of the list of arbitrators, the Union and the City shall m eet and each strike three nam es therefrom , with the party presenting the grievance striking the first nam e and the parties alternating thereafter, the rem aining nam e to designate the arbitrator. C. As prom ptly as can be arranged the arbitration hearing shall be held. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determ ine any other issues not subm itted to him /her. The arbitrator, in rendering his/her decision, shall confine his/her decision to the grievance in question and he/she shall not have the authority to add to, take away from , alter or am end any provision of this Agreem ent. Attachment number 1 \nPage 14 Item # 7 11 D . The decision of the arbitrator, insofar as it is in conform ance with paragraph "C" herein above, shall be final and binding on the aggrieved em ployee, Union, and City. E. The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. F. Any decision of the arbitrator shall not be retroactive m ore than 15 working days prior to the date the grievance was subm itted. The City will incur no liability for back pay m ore than 30 days following the arbitration hearing. Section 5. Miscellaneous A. The parties will cooperate in the investigation of any grievance, providing all pertinent inform ation as m ay be requested for the processing of a grievance. B. N o reprisals of any kind shall be taken against any party in interest participating in the grievance procedure. C. N o record dealing with the processing of a grievance shall becom e a part of the personnel files of individual em ployees; however, ultim ate records of adverse actions against em ployees m ay be included in personnel files. D . N o em ployee shall be required to discuss a written grievance if a Union representative is not present. E. In order to prevent the filing of a m ultiplicity of grievances on the sam e question of interpretation or com pliance where the grievance covers a question com m on to a num ber of em ployees, it shall set forth thereon the nam es of the persons of the group and the title and specific assignm ents of the people covered by the group grievance. In such event, the Union and/or one em ployee shall be designated by the group of em ployees to act as the grievant. F. G rievances arising at a step other than Step 1 shall be processed in the sam e m anner except that the grievance will be initiated with the appropriate City M anager or his/her designee rather than with the division head or departm ent head. G rievances relating to suspension or dism issal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance subm itted at Step 3 to the em ployee's departm ent head. G . It is specifically agreed that em ployees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an em ployee has been unjustly discharged, he/she m ay be returned to work with pay for all tim e lost; provided that discharge or other disciplinary action taken with respect to any probationary em ployees is expressly excluded from this paragraph. Attachment number 1 \nPage 15 Item # 7 12 H . W here any provision of this Agreem ent involves responsibility on the part of the Union that, in the view of the City, is not properly being carried out, the City m ay present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an inform al basis, the grievance shall be initiated at Step 3 of this procedure by the City M anager, or his/her designee, and subm itted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City m ay subm it the grievance to arbitration under the provision of this Article. I. The tim e lim its of a grievance at any level m ay be extended by m utual written consent of the parties. If a grievant fails to subm it or advance a grievance at any step in the process within the prescribed tim e lim it as defined above, the written determ ination received by the grievant from the respondent at the prior step shall be considered accepted by the grievant, and the grievance shall be considered resolved. If the City fails to respond to a grievant at any step in the process within the prescribed tim e lim it as defined above, the Union m ay advance the grievance to the next step in the process. ARTICLE 7 PERSONNEL PRACTICES Section 1. Regular Work Hours A. The regularly scheduled work week of the em ployees in the bargaining unit will be from 12:01 a.m . Saturday to m idnight Friday. Em ployees’ hours of work excluding unpaid m eal periods will consist of the num ber of hours set forth opposite the respective job class titles in the O fficial Pay Plan. Em ployees m ust obtain approval from a person of com petent authority prior to working any hours outside of their established work schedule, either before their designated starting tim e or after their designated quitting tim e or during an unpaid m eal period. B. The City shall determ ine and notify em ployees in advance whether their position shall be scheduled an unpaid m eal period or in situations where the em ployees’ position does not perm it the em ployee to be freed from his/her duties only, shall instead be paid for all scheduled hours and required to take a m eal during any period of non-work tim e during the course of the workday. The determ ination will not be changed on a daily basis except when necessary due to operational dem ands. The City shall determ ine at what tim e applicable em ployees will be required to take an unpaid m eal period. G enerally, the m eal period will be scheduled in the m iddle of the work shift. Em ployees who are not scheduled an unpaid m eal period will not be required to take their m eal during a 15 m inute paid rest period. W hen em ployees are required by the City to perform actual job duties during any part of a m eal period, they will be com pensated in accordance with applicable provisions of the Fair Labor Standards Act and this Agreem ent for any tim e worked. All full-tim e em ployees shall be entitled to two 15-m inute paid rest periods, one during the first portion of their work shift prior to the m eal period and one after the m eal period. Full-tim e em ployees who work a partial day shall be provided one 15-m inute paid rest period for each four hours worked. If em ployees opt not to utilize such rest periods, the City shall not be deem ed to have violated this section. Em ployees shall not Attachment number 1 \nPage 16 Item # 7 13 have the right to accrue or otherwise utilize rest periods to alter their work schedule. Paid rest periods m ust be taken in their entirety and m ay not be subdivided into shorter increm ents. Part-tim e em ployees shall be granted m eal or rest periods in accordance with the above and based on the num ber of hours worked each day proportionate to a full-tim e em ployee in the sam e job classification. C. W hen an em ployee is required by the D epartm ent D irector to attend training or job-related workshops, such tim e spent in training shall be paid and counted as hours worked toward the calculation of overtim e. M eal periods shall not be included as such hours worked. H owever, if the tim e spent in training alone is less than the em ployee’s regularly scheduled hours of work for the day, and it is not practical as determ ined by the em ployee’s departm ent for the em ployee to report to work before or after the training, the em ployee will be paid for the num ber of his/her regularly scheduled hours for the day. D . The num ber of days of work in a specific work week for em ployees in the bargaining unit m ay vary between four, five, or six days. W henever practicable, each em ployee’s regularly scheduled work week will consist of two days off per week, exclusive of overtim e, standby, or recall. Each full-tim e em ployee and any part-tim e em ployee requesting such will be granted at least one day off per week, exclusive of overtim e, standby, or recall. E. An em ployee's work schedule will not be changed arbitrarily, and the em ployee will be given reasonable notice consistent with the City's planning of its needs. Forty-eight hours will be deem ed reasonable notice. F. Em ployees m ay request, and with the prior approval of their respective D epartm ent shall be perm itted to adjust or “flex” their hours of work within a specific work week. G . Em ployees are expected to be at their work station and prepared to work at their appointed starting tim e. Em ployees will work until released by com petent authority and will not leave their work station or locations before their appointed quitting tim e. Em ployees will not be docked pay for the first six m inutes (1/10 hour) after their appointed starting tim e. Em ployees will not be paid for periods of work perform ed in increm ents of less than six m inutes (1/10 hour). For exam ple, an em ployee who reports to work five m inutes and fifty-nine seconds after his/her appointed starting tim e shall be considered tardy, but shall not be docked pay. An em ployee who works six m inutes or m ore beyond his/her appointed quitting tim e shall be eligible to be paid in increm ents of 1/10 hour for all such tim e. Section 2. Appointments & Promotions A. All appointm ents to positions in the bargaining unit shall be m ade on the basis of m erit and fitness for the position to be determ ined as far as practical and possible by com petitive exam ination or other evaluation process under the policies and practices of the H um an Resources D epartm ent. Em ployees m ay review their own respective exam ination or evaluation results upon request. The Union local president or designee (excluding any applicant shall be perm itted to review individual exam ination or evaluation results upon request and take such notes as necessary for the purpose of determ ining whether to file or pursue a grievance. Attachment number 1 \nPage 17 Item # 7 14 B. Announcem ents for com petitive exam s or evaluation processes will be provided to each City D epartm ent for posting at each appropriate work location at least 10 work days prior to the filing deadline. C. The City agrees to use to the m axim um extent the skills and talents of existing em ployees in the unit in order to achieve the resulting benefits of higher m orale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, will fill such positions by selection from eligible candidates in the unit. This shall not preclude the City from giving prom otional exam inations restricted to City em ployees. D . Prom otional Lists --The nam es of all persons who m ay be lawfully appointed and who shall have attained a passing grade on any prom otional or open com petitive exam ination or evaluation processes shall be placed on the appropriate prom otional list. E. D uration of Eligibility --All bargaining unit m em bers appearing on appointm ent eligibility lists shall rem ain eligible for a period of five years from the date of the establishing of the m em ber’s nam e on the appropriate list. Bargaining unit m em bers appearing on reem ploym ent eligibility lists shall rem ain eligible for reem ploym ent for a period of one year from the date of separation. F. Rem oval of N am es from Lists --N am es of eligibles shall be rem oved from appropriate eligible lists by operation of any of the following: 1. Appointm ent through certification from such list to fill a perm anent position. 2. D eclination of Appointm ent: Failure to respond to any inquiry of the H um an Resources D epartm ent regarding availability for appointm ent. 3. Separation from the City service of an em ployee on a prom otional list. 4. D isability (in accordance with the Am ericans with D isabilities Act) that prevents the eligible from perform ing satisfactorily the duties of the position with or without a reasonable accom m odation. 5. D eterm ination by the H um an Resources D irector that the eligible has been found to lack any of the established qualifications for the position. G . Types of Appointm ents --All vacancies in the bargaining unit shall be filled by appointm ent from the appropriate eligibility list, as determ ined by the Appointing Authority and the D irector of H um an Resources. Selection criteria shall be developed by the City and reviewed by the H um an Resources D epartm ent. Such criteria, including relevant qualifications and seniority as described in Article 14, Section 1,B, shall be noted on the job announcem ent at the tim e of its posting. Action plans m ore than two years beyond successful com pletion shall not be considered as factors in any appointm ent decision involving an existing em ployee. An Attachment number 1 \nPage 18 Item # 7 15 em ployee who is not selected for prom otion shall be afforded, upon request, a m eeting with the respective hiring departm ent and/or H um an Resources to be provided an explanation of the selection criteria and the m anner in which it was applied, and including a review of areas whereby im provem ent m ay m ake such em ployee better qualified. H . Prom otions --W henever an em ployee having regular status successfully com petes in an open com petitive exam ination and receives an appointm ent to a class of a higher level, such appointm ent shall be considered a prom otional appointm ent. A class of a higher level shall be deem ed to be one having a higher m axim um rate of pay. I. O rder of Certification --The H um an Resources D irector shall determ ine the order of certifications which m ay be by test score, alphabetically, by special qualification or as otherwise determ ined appropriate. J. Tem porary and Em ergency Appointm ents 1. W henever there is need of an em ployee for a tem porary period, the H um an Resources D irector shall certify the nam es of persons on the appropriate eligibility list in accordance with City Civil Service Rules. The acceptance or refusal by an eligible of a Tem porary appointm ent shall not affect his/her standing on the eligible list. 2. W hen it is im possible or im practicable to fill a position or when an eligibility list does not currently exist for a position classification, the Appointing Authority and the H um an Resources D irector m ay appoint any qualified person to such position via an Em ergency Appointm ent without com petitive evaluation in accordance with City Civil Service Rules and Regulations. 3. The Union shall be provided upon request a list of all current Em ergency Appointm ents. K. Probationary Periods 1. All persons initially em ployed or prom oted to, or within, the bargaining unit shall have to serve a probationary period. D uring the probationary period, m anagem ent shall observe and review the em ployee's job perform ance, attendance, attitude and adherence to D epartm ent and City requirem ents and such other factors as in the City's determ ination are im portant factors to consider with respect to continuing the em ployee in the position. 2. The probationary period shall consist of six consecutive m onths or the equivalent; provided, however, that the City m ay extend such probationary periods for up to three additional m onths. Regular part-tim e em ployees shall be required to com plete 1040 hours of actual work in a class which has a norm al full-tim e work schedule of 40 hours per week or of com pleting 975 hours of actual work if em ployed in a class which has a norm al full-tim e work schedule of 37-1/2 hours per week, provided that in no event shall such regular part-tim e em ployee be deem ed to have com pleted a probationary period in less than six calendar m onths. Attachment number 1 \nPage 19 Item # 7 16 3. D eterm ination that the em ployee has not successfully com pleted the probationary period shall be m ade by the City. The prom otional probationary em ployee who does not successfully com plete the probationary period m ay have his/her probationary period extended for up to three m onths; or shall have the right to be returned to the em ployee’s form er position at any tim e up to five work days following the com pletion of the em ployee’s first m onth probationary perform ance review; or m ay be re-assigned subsequent to five work days following the com pletion of the em ployee’s first m onth probationary perform ance review to another position at the sam e or lower level for which the em ployee is determ ined to be qualified and with no loss of pay from the em ployee’s position prior to prom otion; provided in any case that there is no cause for dism issal. Em ployees who take advantage of the opportunity to revert to their position held prior to prom otion within the requisite tim e period of up to five work days following the com pletion of their first m onth prom otional probationary review shall have their annual perform ance evaluation date returned to the date that was effective prior to the prom otion rather than the date of the return to the form er position or voluntary dem otion. The entrance probationary em ployee who does not successfully com plete the probationary period m ay have his/her probationary period extended for up to three m onths, or shall be separated from em ploym ent. 4. Tim e served during a Tem porary appointm ent in the sam e job class im m ediately preceding regular em ploym ent status shall be credited toward the tim e required to be served in the probationary period in the sam e D epartm ent and the sam e division. 5. In the event that an em ployee is for any reason absent from duty for an accum ulated period of scheduled work hours equivalent to m ore than nine work days prior to the com pletion of the probationary period, all such tim e off m ay be used to extend the prescribed probationary period. 6. If a prom otional probationary em ployee has com m itted a serious infraction which warrants dism issal, then the em ployee shall be dism issed and not returned to his/her form er position. 7. Any newly hired em ployee who is separated during or at the end of the expiration of the probationary period, or newly prom oted em ployee who is returned to his/her form er position, shall have no right of appeal or grievance relating to such action. Attachment number 1 \nPage 20 Item # 7 17 L. Job Classification Review An em ployee, for good and sufficient reasons, m ay request a review for a change in classification. Such request shall be subm itted in writing to the em ployee’s departm ent director first. The departm ent director shall review the request and send it, with his/her recom m endation, to the H um an Resources D irector for review as to its justification. The H um an Resources D irector shall review the request and recom m end to the City M anager or designee the appropriate action. The decision of the City M anager is final and binding. Section 3. Health & Safety A. The City and the Union will cooperate in establishing a sub-com m ittee of the Labor/M anagem ent Com m ittee with the continued objective of elim inating accident and health hazards. This com m ittee will m eet on a regular basis and m ay m ake written recom m endations to the City regarding unsafe conditions or ideas for City safety. The City will consider written recom m endations from the com m ittee and will im plem ent solutions to these conditions where practicable or shall appear before the com m ittee or provide a written response as to why said solutions are not practicable. The com m ittee will not be utilized to determ ine fault or to reach any conclusion or determ ination regarding potential disciplinary action. B. The City will provide any safety equipm ent and devices for em ployees engaged in work where such special devices and equipm ent are necessary and are specifically required by the City. Em ployees not utilizing safety equipm ent which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C. Em ployees will not suffer any position penalty nor be financially responsible for dam age to City property occasioned by accident which is not caused by negligence. D . The City shall continue to m aintain a cleanup room with sanitary showers for the use of all em ployees whose em ploym ent presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup room s with sanitary showers for use by em ployees, they shall advise the City at a Labor-M anagem ent m eeting and the City shall initiate a review of the need. E. The City agrees to periodically review the availability of discount program s through third parties for em ployees who wish to purchase safety equipm ent not required and provided by the City. F. N o em ployee shall be required to work m ore than 16 hours in any day, except in an em ergency. G . The City shall provide free access for all bargaining unit m em bers to any City recreational facility. Additional fees for program s conducted at such facilities shall be borne by the em ployee. It is understood by all parties that the decision whether to use such facilities is com pletely voluntary on the part of the bargaining unit m em bers, and tim e spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be com pensable under workers com pensation. Attachment number 1 \nPage 21 Item # 7 18 Section 4. Paycheck Issuance Paychecks shall be available to be issued to em ployees at the start of their respective workdays on the sam e day that the paycheck is dated. Em ployees m ay elect to receive the entirety of their pay in standard hard copy paycheck form at or through direct deposit by electronic transfer, and will not be perm itted to split their pay between the two m edium s. Section 5. Communications Em ployees shall be prohibited from engaging in any form of work-related com m unication that m ay be considered com pensable during any unpaid hours outside of their scheduled work hours without first obtaining approval from a person of com petent authority. This includes the use of City issued cell phones and land-line City work phones, direct-connect com m unications (push to talk or walkie-talkie), text m essaging, radio com m unications, and the use of a City com puter or rem ote access to the City com puter system (including e-m ail). Em ployees shall not use their personal com m unications devices for non-em ergency com m unications during work hours except for paid breaks and m eal periods. Such personal com m unications shall be of short duration, conducted in a safe m anner, and shall not adversely im pact operations. Violation of these provisions shall be considered grounds for discipline. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. D esignated H olidays The following days shall be observed as designated holidays for regular full-tim e and part-tim e em ployees. N ew Year's D ay Labor D ay M artin Luther King D ay Veterans' D ay Presidents' D ay Thanksgiving D ay M em orial D ay D ay after Thanksgiving Independence D ay Christm as D ay Note: Em ergency, Tem porary, tem porary part-tim e, and other non-regular em ployees shall not receive holiday pay. 1. Regular part-tim e em ployees shall be eligible to receive holiday pay at a prorated am ount based on 20% of the weekly average of the em ployee’s annual budgeted hours. Attachment number 1 \nPage 22 Item # 7 19 2. W hen a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non-shift em ployees. W hen a City designated holiday falls on Sunday, the following M onday shall be designated a substitute holiday and observed as the official holiday for that year for non-shift em ployees. All designated holiday pay considerations are applicable to the designated holiday. 3. D esignated holidays which fall on an em ployee’s regularly scheduled work day shall count as hours actually worked for the purposes of calculating overtim e. The City shall not arbitrarily adjust work schedules to preclude a designated holiday from falling on an em ployee’s regularly scheduled work day. 4. Em ployees who are required to work on a designated holiday shall receive tim e-and-onehalf their regular pay for all hours actually worked on the holiday plus holiday pay at the em ployees’ regular rate of pay. 5. An em ployee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgm ent of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for the num ber of hours he/she would have worked. 6. Em ployees on vacation leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed m ust use the holiday on the sam e day that it is observed. 7. An em ployee m ust work or be in a paid status on his/her regularly scheduled work day im m ediately preceding and on his/her regularly scheduled work day im m ediately following a holiday to be entitled to any com pensation for the holiday. Em ployees who are absent from work in a non-pay status (such as an em ployee receiving W orkers’ Com pensation who has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either their regularly scheduled work day im m ediately preceding or im m ediately following the designated holiday shall not be paid for holidays falling within such periods. 8. If an em ployee calls in sick in accordance with established notification requirem ents when scheduled to work on a designated holiday, the em ployee shall receive holiday pay equivalent to the num ber of hours the em ployee is scheduled to work on the holiday and shall not be charged sick leave. 9. Pay Procedures for Designated Holidays a) Procedure when holiday falls on employees scheduled work day and employee takes the day off: Em ployees receive holiday pay equivalent to the num ber of hours the em ployee is scheduled to work on the holiday in addition to pay for all hours worked the rem ainder of the workweek. Attachment number 1 \nPage 23 Item # 7 20 b) Procedure when holiday falls on employees scheduled work day and employee works part of the day, works the respective normal full work day, or works overtime beyond the respective normal full work day: Em ployees receive holiday pay equivalent to the num ber of hours the em ployee is scheduled to work on the holiday and are paid tim e-and-one-half for hours actually worked on the designated holiday. c) Procedure when holiday falls on employees regularly scheduled day off: Em ployee m ay elect to receive holiday pay equivalent to 20% of the em ployees’ weekly average budgeted hours which will not count as hours actually worked for the purpose of calculating overtim e in addition to pay for all hours worked the rem ainder of the workweek; or m ay elect to designate as a holiday and not work his/her regularly scheduled work day which im m ediately precedes or im m ediately follows the City designated holiday within the sam e pay week, in which case the em ployee will receive holiday pay equivalent to the num ber of hours the em ployee is scheduled to work on that day, and such hours for holiday pay would count as hours actually worked for the purpose of calculating overtim e. B. Floating H olidays In addition to the designated holidays above, em ployees shall be entitled to up to three floating holidays per payroll calendar year. Em ployees receive floating holiday pay equivalent to the num ber of hours the em ployee is scheduled to work on the floating holiday in addition to pay for all hours worked the rem ainder of the workweek. Regular part-tim e em ployees shall be eligible to receive floating holidays at a prorated am ount based on 20% of the weekly average of the em ployee’s annual budgeted hours. Floating holidays m ay be utilized in full-day increm ents only, regardless of the num ber of hours the em ployee is scheduled to work on the day the floating holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating overtim e. 1. D esignated holidays or any day an em ployee is not scheduled to work m ay not be selected as a floating holiday. 2. Floating holiday requirem ents for new hires are as follows: a) N o em ployee m ay utilize floating holidays until 60 calendar days after his/her date of em ploym ent. b) Any bargaining unit m em ber em ployed between January 1 and M arch 31 shall receive three floating holidays to be utilized during the calendar year of hire. c) Any bargaining unit m em ber em ployed between April 1 and June 30 shall receive two floating holidays to be utilized during the calendar year of hire. d) Any bargaining unit m em ber em ployed between July 1 and Septem ber 30 shall receive one floating holiday to be utilized during the calendar year of hire. Attachment number 1 \nPage 24 Item # 7 21 e) Any bargaining unit m em ber em ployed on or after O ctober 1 shall not receive any floating holidays during the calendar year of hire. 3. Floating holidays m ay not be carried over from one calendar year to another and, if not approved and taken by D ecem ber 15, are forfeited, except that when a D epartm ent cannot schedule a floating holiday requested prior to N ovem ber 15 or cancels a previously scheduled floating holiday due to City work needs, the floating holiday m ay then be taken within 60 calendar days of the new calendar year. An em ployee m ay not request any carryover of floating holiday tim e. 4. Floating holidays are scheduled at the m utual convenience of the em ployee and the respective D epartm ent. G enerally, 48 hours shall be considered reasonable notice for requesting the use of floating holidays. H owever, the respective D epartm ent D irector or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. 5. Upon an em ployee's separation from the City, the em ployee will receive a lum p sum paym ent at the em ployee’s current base rate of pay for his/her rem aining floating holiday balance, or if retiring m ay use such balance to advance the date of retirem ent. Section 2. Vacation A. Vacation Accrual Vacation Accrual for 37.5 Hour Employees Years of Service Biweekly Accrual Vacation Days 0 2.885 0 1* as of anniversary date 2.885 10 2 2.885 10 3 3.173 11 4 3.462 12 5 3.750 13 6 4.039 14 7 4.327 15 8 4.327 15 9 4.327 15 10 4.615 16 11 4.615 16 12 4.904 17 13 5.192 18 14 5.192 18 15 5.481 19 16 and over 5.769 20 Attachment number 1 \nPage 25 Item # 7 22 Vacation Accrual For 40-Hour Employees Years of Service Biweekly Accrual Vacation D ays 0 3.077 0 1* as of anniversary date 3.077 10 2 3.077 10 3 3.385 11 4 3.692 12 5 4.000 13 6 4.308 14 7 4.615 15 8 4.615 15 9 4.615 15 10 4.923 16 11 4.923 16 12 5.231 17 13 5.538 18 14 5.538 18 15 5.846 19 16 and over 6.154 20 B. M axim um am ount of vacation leave that m ay be accum ulated is 240 hours. C. The vacation year shall be the payroll calendar year. D . Vacation leave will accrue on a biweekly basis and will be pro-rated according to hours in a paid status and excluding overtim e, standby, recall or call back hours, or any hours paid by workers com pensation. E. The borrowing or advancing of vacation leave prior to its accrual is prohibited. F. Em ployees m ust be em ployed for six calendar m onths prior to requesting the use of vacation leave. G . N ew em ployees who fail to com plete six calendar m onths of service are not paid for any accrued vacation leave. H . All em ployees m ust be granted a m inim um of two weeks vacation per calendar year if properly requested by the em ployee in accordance with D epartm ent vacation selection procedures. Vacation leave m ay not be carried in an am ount above the vacation cap. If vacation leave in excess of the cap is not taken, it is forfeited, except when a D epartm ent cannot schedule or cancels previously scheduled vacation tim e due to City work needs. The canceled vacation tim e m ust then be taken within 60 calendar days of the scheduled vacation date. N o other granting of any carryover of vacation tim e above the vacation leave cap is perm itted. Attachment number 1 \nPage 26 Item # 7 23 I. A period shall be established for the purpose of vacation selection, known as a vacation pick. This period shall be the first two work weeks in the m onth of D ecem ber each year. All em ployees will have the opportunity to subm it their vacation requests for up to the num ber of hours that the em ployee currently accrues annually for that calendar year only. M anagem ent will review these requests and determ ine their operational needs and staffing requirem ents. M anagem ent will grant the requests that do not interfere with the operations of the City. H owever, an em ployee who is approved for tim e during the vacation pick process and then does not have accrued vacation hours to cover the tim e when it arrives m ay be denied vacation requests exceeding the am ount of vacation hours the em ployee has accrued at the tim e of the following vacation pick period. If m ore than one person requests vacation that conflicts with staffing needs of the City, the conflict will be decided on the basis of City seniority, except that an em ployee who voluntarily changes schedule or shift after the com pletion of the vacation pick process shall not be given precedence over another em ployee on the new schedule or shift who has already obtained approval for vacation on the sam e day. After the end of the vacation pick, any request for vacation shall be based on “first com e, first serve.” Seniority of a bargaining unit m em ber shall not be used to revoke vacation leave or other tim e off for which a departm ent has granted prior approval to another bargaining unit m em ber with less seniority. J. In the event an em ployee is prom oted, dem oted or transferred from a full-tim e position to a full-tim e position with greater or lesser biweekly hours, such em ployee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. K. Regular part-tim e em ployees shall have vacation accrual prorated each payroll period based on the actual hours in a paid status. L. Regular full-tim e em ployees who norm ally work a schedule inconsistent with the 5-day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to subsection A above based on the applicable biweekly schedule. M . Upon separation from the City service, em ployees shall be paid at their respective current base rate of pay at the tim e of separation for the unused portion of vacation leave for which they m ay at that tim e be eligible, or if retiring m ay utilize such rem aining vacation leave balance to advance the date of retirem ent. N . If service requirem ents perm it, em ployees m ay, with reasonable notice and the approval of their respective D epartm ent, use their accrued vacation in increm ents of tenths of an hour. 48 hours shall be deem ed reasonable notice. H owever, the respective D epartm ent D irector or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. The application of this paragraph shall not be subject to the grievance procedure. Attachment number 1 \nPage 27 Item # 7 24 Section 3. Sick Leave A. Sick Leave Accrual 1. Em ployees shall accrue sick leave each payroll period prorated based on regular hours in a paid status and excluding overtim e, standby, recall or call back hours, and any hours paid by workers com pensation. Em ployees assigned to a 40-hour work week shall accrue 3.693 hours of sick leave on a biweekly payroll basis. Em ployees assigned to a 37.5 hour work week shall accrue 3.462 hours of sick leave on a biweekly payroll basis. N ote: Em ployees earn 12 days per payroll calendar year. 2. Regular part-tim e em ployees shall be eligible to receive sick leave at a prorated am ount based on hours in a paid status in accordance with the above. B. Sick Leave Accrual Caps Em ployees hired prior to O ctober 1, 2008 m ay accum ulate up to 1,560 accrued hours. Em ployees hired effective O ctober 1, 2008 or later m ay accum ulate up to 1,040 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an em ployee recalled from layoff or returned from a leave of absence. 2. Sick leave balances rem ain the sam e upon transfer to another D epartm ent or classification with the sam e hourly work week. 3. Sick leave balances are converted to equivalent days if an em ployee changes classification to that with a different hourly work week (i.e., 40-hour work week to 37-1/2 hour work week and vise versa). 4. N o sick leave balances are restored after a break in service. An em ployee will have a break in service if the em ployee is rehired by the City six m onths after the date of resignation or retirem ent or one year after a layoff. Authorized leaves of absence, suspensions, reinstatem ents after disability retirem ent or dism issal, and layoffs of less than one year will be counted as continuous service and shall not be a break in service. D . Calculation for Use of Sick Leave 1. Sick leave m ay be authorized in increm ents of tenths of an hour. Attachment number 1 \nPage 28 Item # 7 25 E. Authorized Use of Sick Leave Sick Leave usage shall be authorized for the following absences: 1. D ue to personal illness or physical incapacity. 2. D ue to exposure to contagious disease in which the health of others would be endangered by the em ployee’s attendance on duty. 3. D ue to dental appointm ents, physical exam inations, or other personal sickness prevention m easures. 4. D ue to illness of a m em ber of the em ployee’s im m ediate fam ily that requires the em ployee’s personal care and attention. “Im m ediate fam ily” shall m ean parents, step-parents, children, step-children, grandparents, grandchildren, brothers, sisters, present spouse of the em ployee and the “im m ediate fam ily” of the em ployee’s spouse, or other fam ily m em ber living in the em ployee’s im m ediate household. Em ployees found to be utilizing Sick Leave for any reason other than those stated above shall be subject to disciplinary action up to and including term ination. Em ployees shall be authorized to use Sick Leave as it is accrued. Em ployees’ requests for sick leave to be used for doctor’s appointm ents shall be subm itted with at least 24-hour notice, except the requirem ent shall be waived where the em ployees is able to dem onstrate to his/her departm ent director an em ergency exists. The em ployees’ respective departm ent reserves the right to not approve such requests when advance notice is not provided or the em ployees’ absence will adversely affect operations. Em ployees shall be required to notify their im m ediate supervisor or m anagem ent representative to request approval for sick leave each day that they are absent, except that an em ployee who has been approved for a continuous FM LA absence only shall be required to com ply with the reporting procedures outlined in the City’s FM LA Policy instead. Such notification requests shall be provided through personal contact, except where the em ployee is able to dem onstrate this is not possible. Failure to obtain approval for sick leave from com petent City authority shall result in any such tim e being considered an unauthorized absence and in the denial of paid sick leave. Em ployees m ay voluntarily subm it acceptable evidence such as a certificate from a m edical doctor to substantiate the reason for requesting Sick Leave, or they m ay be required to do so when requested by their respective departm ent director if he/she has reason to question the legitim acy of the absence. A valid doctor’s certificate shall be a written, typed, or printed statem ent from the doctor specifying the date(s) of visit/consultation with the doctor, the date the em ployee is authorized to return to work, any conditions or lim itations im posed by the doctor, and the signature of the doctor or his/her designee. The City reserves the right to substantiate the legitim acy of any certificate subm itted by an em ployee as evidentiary reason for the use of Sick Leave. Attachment number 1 \nPage 29 Item # 7 26 W hen an em ployee has a docum ented serious health condition, the City shall provide the em ployee with Fam ily and M edical Leave Act request form s to be com pleted by the em ployee’s physician, which m ay be used to authorize use of Sick Leave in accordance with the term s of the Act. If approved, the com pleted FM LA form s shall be utilized to relieve the em ployee from the requirem ent to provide a doctor’s certificate for one initial continuous absence only. Em ployees who utilize sick leave m ay be required to undergo fitness for duty or m axim um physical capacity exam ination in order to determ ine the em ployee’s ability to return to work in the sam e job classification or whether the em ployee m ay require a reassignm ent upon return to work. All such leaves shall be adm inistered in accordance with the Fam ily M edical Leave Act where applicable. F. Paym ent for Unused Sick Leave 1. Upon separation from the City service, an em ployee shall be paid for one-half of his/her accum ulated unused sick leave up to a m axim um payout of 520 hours for em ployees with a 1,040 hour cap or 780 hours for em ployees with a 1,560 hour cap, or m ay use such am ount of sick leave to advance the date of retirem ent. The rate of paym ent shall be based on the current base hourly rate (excluding shift differential or any other addition to base pay) of the em ployee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the em ployee is on a work schedule other than 40 hours per week. The em ployee m ay request that one-half the paym ent for unused sick leave be m ade at separation and one-half the paym ent be m ade in the first payroll period in the next calendar year. The paym ent will be m ade provided: a) The em ployee is retiring on City Pension. OR b) The separation is involuntary on the part of the em ployee including disability (incurred on or off the job) and layoffs. OR c) The em ployee’s estate shall receive paym ent if an em ployee dies. OR d) The em ployee is eligible to retire under Federal Social Security and has a m inim um of five years of service. 2. An em ployee who has been dism issed for cause shall have no claim for sick leave paym ent. Attachment number 1 \nPage 30 Item # 7 27 G . Injury from O ther Em ploym ent 1. An em ployee m ay not utilize accum ulated sick leave for absences resulting from an injury arising out of and in the course of em ploym ent, other than City em ploym ent, for which m onetary or other valuable consideration is received or expected. Any em ployee who utilizes accum ulated sick leave, or who attem pts to utilize accum ulated sick leave, for absences resulting from an injury arising out of and in the course of em ploym ent, other than City em ploym ent, m ay face disciplinary action up to and including term ination. H . Use of Leave After Accrual 1. Em ployees m ay be authorized to use sick leave after it is accrued. The em ployee m ay be required to subm it acceptable evidence such as a m edical certificate from a m edical doctor to substantiate the reason for requesting sick leave. I. Bonus Leave D ays 1. Following a payroll calendar year that a bargaining unit em ployee uses no sick leave, or less than two days of sick leave, and has no unexcused absences and no m ore than two incidents of unexcused tardiness, the em ployee will be awarded bonus leave days in accordance with the following chart. Tim e charged to sick leave in conjunction with funeral leave shall not be counted toward the eligibility for bonus leave days. Bonus leave days m ust be used in the next payroll calendar year. Amount of Sick Leave Used Bonus Days Awarded Less than one standard work day 2 O ne standard work day up to two standard work days 1 a) A payroll calendar year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck date in the calendar year. The City agrees, when practicable, to provide notice of the date of the beginning of the payroll calendar year and the date of the end of the payroll calendar year on em ployees’ paycheck advice statem ents prior to the respective payroll period in which such dates occur. b) Bonus days are not included in overtim e calculations. c) Upon an em ployee’s separation from the City, the em ployee will receive a lum p sum paym ent at the em ployee’s current base rate of pay for his/her rem aining sick leave bonus day balance, or if retiring m ay use such balance to advance the date of retirem ent. Attachment number 1 \nPage 31 Item # 7 28 J. Sick Leave Pool 1. A leave pool will be established by m em bers of the bargaining unit subject to the following provisions: a) The purpose of the leave pool is to provide leave to bargaining unit m em bers who face significant tim e off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a fam ily m em ber as defined in this section. The leave pool m ay not be used for short tim e periods where an em ployee m ay be without pay. Short tim e shall be defined as less than 15 work days. b) A com m ittee shall be form ed and the com m ittee shall determ ine use of the leave pool days, subject to the above purpose and lim itations. i) The com m ittee shall consist of three active em ployee m em bers designated by the Union and one non-voting m anagem ent em ployee designated by the City M anager or City M anager’s designee, who shall provide adm inistrative oversight and ensure com pliance with the term s of the established policy and this Agreem ent. ii) The com m ittee shall review em ployee needs and circum stances consistent with the provisions of the leave pool and shall determ ine eligibility for and the am ount of leave tim e up to an established m axim um num ber of days that m ay be provided to em ployees. iii) The com m ittee m ay establish procedures, form s and other rules necessary for its effective operation, provided they are consistent with the provisions of this section and subject to the approval of the City M anager or his/her designee. iv) The com m ittee’s decisions are final and are not subject to the grievance procedure. Bargaining unit m em bers m ay donate days one tim e per year from their vacation leave, floating holiday, or sick leave balances at 100% value. c) N o em ployee shall be perm itted to donate m ore than four days of leave per year to the pool, unless authorized by the City M anager. d) In the event that the leave pool balance becom es lower than 100 days, the com m ittee m ay, with the prior approval of the City M anager or designee, open up the opportunity for additional donations to be m ade during the calendar year. e) All donations of pool leave tim e m ust be in full-day increm ents based on the full-tim e, regularly scheduled day for the em ployee’s respective job classification (i.e., an 8-hour or 10-hour day is a full day). f) D onations of pool leave tim e are irrevocable. Attachment number 1 \nPage 32 Item # 7 29 g) N o dollar value shall be placed on leave donations. All donations and all authorized usage shall be com puted as day-for-day. h) W hen pool leave tim e is authorized by the com m ittee for use by an em ployee, it shall be on a day-for-day basis, irrespective of the num ber of hours used each day. Each day or portion thereof shall be counted as one day. Bargaining unit m em bers shall be eligible to be granted up to a m axim um of 30 work days or portions thereof within a 12 m onth period counting backwards from the tim e of the m ost recent leave pool request. i.) An em ployee using leave pool tim e shall receive regular base pay and his/her regular shift pay. H owever, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignm ent pay, etc.). Pay for authorized pool days shall not be granted for the first 15 work days of the absence necessitating leave from the pool. After 15 work days of such absence, the em ployee shall be eligible to be paid retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her regular pay for any rem aining pool days authorized. j.) Pool leave tim e granted and not used in a given year by the em ployee receiving the donated pool leave tim e shall rem ain with the leave pool and be carried over to the next year. N o donated pool leave tim e will be refunded to the donor. Section 4. Funeral Leave A. Em ployees shall be allowed up to four consecutive scheduled work days at any one tim e for funeral leave to m ake arrangem ents for and attend a funeral or m em orial service with no loss of pay and no charge against sick leave tim e in the event of death in the “im m ediate” fam ily. “Im m ediate” fam ily shall be defined as the em ployee’s spouse, or the em ployee’s or em ployee’s spouse’s child, parent, grandparent, grandchild, brother, sister, stepparent, and stepchild. B. Em ployees shall be allowed up to four consecutive scheduled work days at any one tim e, chargeable to sick leave, to m ake arrangem ents for and attend the funeral or m em orial service in the event of death in the “extended” fam ily. The term "extended fam ily" as used in this paragraph shall m ean stepbrothers, stepsisters, brother's wife, sister's husband, daughter-in-law, son-in-law, aunts, uncles, nephews, and nieces of the em ployee or of the em ployee's spouse, or other m em bers of the im m ediate household. It shall also include any blood relative of the em ployee living in the em ployee's household. C. Regular part-tim e em ployees shall be eligible to receive funeral leave in accordance with the above. H owever, such days shall be paid at a prorated am ount based on 20% of the weekly average of the em ployee’s annual budgeted hours. Attachment number 1 \nPage 33 Item # 7 30 D . In the event that extenuating circum stances should necessitate an absence longer than four consecutive scheduled work days to accom plish the purpose for which this section is designed, the em ployee's departm ent head, with the prior approval of the City M anager or designee, m ay authorize an extension of such duration as m ay be necessary and proper. The request for an extension shall be subm itted in form and substance suitable to the departm ent head and the City M anager or designee. Com pensation for approved additional days shall be chargeable to sick leave. To be eligible for funeral leave under either section, the em ployee m ust attend the funeral or m em orial service. The City reserves the right to require docum entation substantiating the request for funeral leave when such requests exceed two in a twelve m onth period, or when the City has a reasonable basis to contest the legitim acy of such requests. Authorized docum entation for such purposes shall include but not be lim ited to a certificate of death, obituary notice, m em orial card, note from the attending clergy, or docum ents verifying travel. Em ployees who request m ore than two funeral leaves in a twelve m onth period shall be notified upon approval of any additional funeral leave of the necessity to provide docum entation to their respective departm ent on their return to work for the duration of the twelve m onth period. E. Tim e O ff to Attend Funerals on Personal Basis 1. Em ployees who wish to attend a funeral of a City em ployee or official or the fam ily m em ber of such em ployee or official m ay request to utilize accrued vacation tim e, floating holiday tim e, sick leave incentive day tim e, or m ay request to adjust their work hours within the sam e workweek. Such requests m ay be m ade to the respective D ivision H ead or D epartm ent D irector and m ay be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities m ay preclude approval for a substantial num ber of em ployees. 2. An em ployee attending a funeral while using vacation tim e, floating holiday tim e, sick leave incentive day tim e, or tim e off without pay is doing so on a personal basis and is not recognized as a “City representative.” If the em ployee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel tim e shall be included in the vacation tim e, floating holiday tim e, sick leave incentive day tim e, or tim e to be adjusted. 3. Em ployees utilizing funeral leave when such leave is based on the death of a covered fam ily m em ber as provided by this Agreem ent shall be allowed tim e off with pay consistent with provisions of Article 8, Section 4. H owever, such em ployees are deem ed off duty while on funeral leave. Section 5. Line-of-Duty Injury A. The term line-of-duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the em ployee from perform ing his/her job because of the injury. The City shall have the right to require the em ployee to have a physical exam ination by a physician of its choice prior to paym ent of any com pensation. Attachment number 1 \nPage 34 Item # 7 31 B. An em ployee m ay utilize accrued sick leave, however, the am ount paid shall be only that am ount perm itted to supplem ent funds received by the em ployee from the Florida W orkers' Com pensation Law and any other disability or other incom e plan provided by the City, to the point where the sum of all paym ents is equal to the em ployee's regular base pay at the tim e of injury. At such tim e as the em ployee receives his/her initial workers' com pensation paym ent, the City shall allow the use of accrued sick leave up to the am ount necessary, when com bined with the workers com pensation paym ent, to equal the em ployee's base pay. Any adjustm ent to pay under this policy will be m ade following the em ployee's return to work or at the expiration of the period for which W orkers’ Com pensation paym ents are provided under state law. C. Should an em ployee becom e unable to perform the essential functions of his/her job due to an on-the-job injury, the em ployee shall have the option of accepting a dem otion or lateral transfer; provided that an opening exists in the position to which he/she is dem oted or transferred and provided further that he/she is capable of perform ing the essential functions of that position. The City shall have the right to require the em ployee to take a noncom petitive exam ination to determ ine if the em ployee is capable of perform ing the essential functions of the position he/she seeks to fill. D . An em ployee with less than 12 m onths em ploym ent who is injured on the job and is eligible for W orkers’ Com pensation will not be charged sick leave for any m edical appointm ents which occur during scheduled work hours and have been approved by Risk M anagem ent. E. The City m ay establish such reasonable reporting requirem ents as it deem s necessary to insure the application of the W orkers’ Com pensation Law. Section 6. Military Leave A. Any em ployee who is a m em ber of a Reserve Com ponent or the N ational G uard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the em ployee's regularly scheduled work days up to a m axim um of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for m ilitary reserve training tim e in excess of 240 hours per calendar year shall not be com pensated by the City. A copy of the em ployee's m ilitary orders certifying his/her training assignm ent shall be subm itted to the D epartm ent D irector im m ediately upon receipt. B. An em ployee who is required to attend m ilitary duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided in Paragraph A above will be granted tim e off without pay. The em ployee shall be required to provide tim ely notice of such training assignm ents to the City. W hen practicable as determ ined by the City, and upon the request of the em ployee, the City will adjust the em ployee’s schedule in order to accom m odate participation in m ilitary duty training so that such training occurs on the em ployee’s days off. C. W hen em ergency conditions occur as determ ined by the City, bargaining unit em ployees who are called up to active m ilitary duty shall be provided the sam e rights and benefits afforded to other City em ployees pursuant to established City policies or guidelines in effect at the tim e such conditions exist. Attachment number 1 \nPage 35 Item # 7 32 Section 7. Jury Duty and Court Time A. The City shall grant leave with pay for jury duty or when an em ployee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty or in court when subpoenaed as a witness that fall during the em ployee's scheduled working hours only. 2. If the tim e interval between the end of the em ployee's m ost recently worked shift and the reporting tim e of the jury sum m ons is less than eight hours, the em ployee's work schedule will be adjusted to allow a m inim um of eight hours tim e off prior to reporting for jury duty. Although not m andatory, m anagem ent will give consideration to em ployees to have the ability to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. H ours worked on jury duty or in court which are com pensated under the provisions of this Article shall not count as hours worked for overtim e pay purposes. 4. If an em ployee is excused or released by the Court before the end of his/her scheduled work day, he/she m ust prom ptly return to work. 5. An em ployee m ust bring written evidence of jury duty service or court appearance before com pensation is approved. 6. As soon as an em ployee learns of selection for jury duty or court appearance, he/she m ust notify the appropriate supervisor so that arrangem ents m ay be m ade for his/her absence from work. 7. In the event a holiday shall occur during the period of the em ployee's jury duty or court appearance, the em ployee shall receive pay for such holiday in accordance with this agreem ent. 8. Leave with pay shall be granted for an em ployee subpoenaed as a witness except in a case in which the litigation has been initiated by the em ployee or in any case involving divorce, child support, or custody. Section 8. Administrative Leave The City M anager m ay at his/her discretion grant em ployees adm inistrative leave with pay for their norm al work shift or balance thereof when circum stances dictate that they be relieved from duty because their services are determ ined to be non-essential. Em ployees whose services are determ ined to be essential and are required to work under such circum stances shall be com pensated at the rate of one-half tim es their regular hourly rate of pay in addition to any other com pensation due for all hours actually worked when other em ployees City-wide or in the sam e work unit have been released on adm inistrative leave. Attachment number 1 \nPage 36 Item # 7 33 If the em ployee is required to work a shift which is less than the em ployee’s regular shift, the em ployee shall be paid in accordance with the above for all hours actually worked, and shall be granted adm inistrative leave with pay for the rem aining hours m aking up the em ployee’s regular shift. All hours actually worked shall be counted as such for the purpose of com puting overtim e. Scheduled adm inistrative leave with pay shall not be considered as hours worked for the purpose of com puting overtim e. Unscheduled adm inistrative leave with pay shall be considered as hours worked for the purpose of com puting overtim e. At least forty eight hours notice shall be considered scheduled. Em ployees who are on previously approved leave are not eligible for adm inistrative leave with pay. Section 9. Leaves of Absence Without Pay A. Em ployees are allowed to take a leave of absence without pay up to six m onths, if approved by the City M anager or designee, following the expiration of all paid leave balances. B. Upon expiration of an em ployee's accum ulated paid leave and Fam ily and M edical Leave when applicable, if the em ployee is unable to return to work, upon written request and when supported by m edical docum entation, a leave of absence without pay for not m ore than one m onth shall be granted for the em ployee's continuing personal illness, at which tim e the case will be reviewed by the City M anager or designee for consideration of an extension of tim e, if necessary, and if requested by the em ployee. C. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dism issal, but upon tim ely return from leave, the em ployee shall be granted and given the sam e position or substantially sim ilar position without loss of salary or benefits. D . There will be no accrual of benefits or seniority during such leave. D uring a leave of absence without pay or any other non-paid leave or no-pay status of an em ployee exceeding two weeks, the em ployee, if he/she desires to continue hospitalization coverage for them selves and dependents, m ust pay the required prem ium s to the City. Failure to pay for such continuation shall result in the loss of coverage. Section 10. Other Time Off An em ployee shall or m ay be granted necessary tim e off from his/her duties with com pensation for any of the following reasons: A. For pre-induction physical exam ination when so ordered by a Selective Service Board. Tim e off shall be granted for the m inim um period necessary to com ply with such order but shall in no case exceed two regularly scheduled work days. B. Attendance at professional or other conventions, institutes, courses or m eetings when such attendance, in the opinion of the City M anager or designee, m ay be expected to contribute to the betterm ent of the City service. Attachment number 1 \nPage 37 Item # 7 34 C. Attendance at in-service training and other in-service m eetings or program s sponsored by the City when, in the opinion of the City M anager or designee, such m eetings or program s are designed to im prove the City services and/or the em ployee's perform ance or to prepare him /her for advancem ent. The provisions of this paragraph shall be deem ed to include authorized safety m eetings and City-sponsored volunteer program s. D . An em ployee m ay be perm itted to adjust his/her schedule within a specific workweek, or m ay be perm itted to utilize paid leave, or m ay be granted tim e off without com pensation upon the expiration of all paid leave for attendance at m eetings other than those specified in the subsections above, or to attend urgent personal business, provided that such em ployee shall request approval from his/her departm ent head in sufficient tim e to perm it the latter to m ake arrangem ents therefore, and further provided that such tim e off will not seriously affect the efficient operation of the D epartm ent. E. Em ployees shall be released from duty without loss of pay while com peting in City prom otional exam inations that are scheduled during duty hours. Section 11. Union Time A. Union m em bers shall be allowed tim e off with pay to attend an officially called conference, convention, or school not to exceed a total of 400 hours per year (inclusive for all Union m em bers), with the approval of the affected D epartm ent D irector, provided that no less than one week’s notice is provided. In addition, the five active em ployee Union m em bers for whom the City funds the registration costs to attend the Florida Labor M anagem ent Conference or a sim ilar labor-m anagem ent conference in accordance with Article 5 of this Agreem ent shall be granted tim e off with pay and no charge to the Union hours above. B. Additional tim e off without pay for Union activity will be granted with the approval of the D epartm ent D irector and such excused tim e will not exceed one week at a tim e. C. Bargaining unit m em bers utilizing Union tim e off under provisions of this section shall not be eligible during the tim e of utilization for W orker's Com pensation benefits in case of injury. D . Union tim e off does not count as hours worked for the purposes of calculating overtim e. E. Union tim e off with pay shall be granted by the City for the purposes of grievance representation, labor m anagem ent m eetings, contract negotiations, and participation as a m em ber or attendee of any City com m ittee whereby the Union m em ber appears at the behest of and in the interest of the City. The City reserves the right to not approve such leave requests if in its discretion it determ ines the absence of the Union representative will create an adverse im pact to operations. The Union shall have the right to select the num ber of representatives authorized by the City to participate on the Union’s behalf on City-initiated com m ittees, and shall notify the City in writing of the nam es of those m em bers selected by the Union. The Union m ay select a substitute to replace an absent m em ber on a City com m ittee with the prior perm ission of the substitute Union m em ber’s respective D epartm ent D irector or designee. The Union local president m ay participate as the Union representative on any com m ittees. Attachment number 1 \nPage 38 Item # 7 35 The Union shall coordinate its choice of representatives so that no single work group or division will be adversely affected. Union tim e off with pay shall be provided for up to five Union Executive Board m em bers (excluding a note taker) for contract negotiations and labor m anagem ent com m ittee m eetings. F. The executive board of the Union shall be allowed a m onthly m eeting to transact any and all business pertaining to the Union, said m eeting to be allowed during work hours not to exceed two hours at straight tim e. Section 12. Maternity/Paternity/ Child Care Leave M aternity/Paternity/child care with or without pay to enable a parent to care for a newborn, newly adopted, or seriously ill child m ay be granted to an em ployee, upon request and docum entation of need, for a period of up to twelve weeks in conjunction with leave authorized in accordance with the Fam ily and M edical Leave Act, provided, however, that if both parents are em ployees of the City, only one parent at a tim e m ay take such leave. Section 13. Alternate Duty & Return to Work A. Em ployees who are physically unable to perform their designated jobs, with or without reasonable accom m odation in accordance with applicable law, m ay be assigned to alternate or m odified duty at the discretion of the City and in accordance with the skills, abilities, and qualifications of the em ployee, any m edical or physical restrictions placed upon the em ployee, and the availability of work. Such duty assignm ents shall be afforded in increm ents of up to 30 calendar days and shall be lim ited to a m axim um of 180 calendar days total. The em ployee’s ability to return to his/her designated position and the continued availability of the alternate or m odified duty work shall be evaluated at each 30-day interval. Requests for alternate or m odified duty work shall be subm itted on the appropriate form s to the H um an Resources D epartm ent. Em ployees designated for alternate or m odified duty assignm ent shall be required to notify H um an Resources of any changes in their condition that m ay im pact their ability to perform the alternate or m odified duty assignm ent or that m ay allow the em ployee to return to full-duty in his/her designated position. B. An em ployee m ay be absent from his/her designated position for a m axim um of twelve weeks or sixty work days in a twelve m onth period, exclusive of tim e authorized for leave in accordance with an approved Fam ily and M edical Leave Act request. This tim efram e shall include any paid or unpaid absence (to include leave tim e granted from the sick leave pool), absence due to job-connected or non-job-connected injury or illness, or tim e served working in an alternate or m odified-duty position. An em ployee who is unable to perform the essential functions of his/her designated position, with or without reasonable accom m odation in accordance with applicable law, for m ore than twelve weeks or sixty work days in a twelve m onth period exclusive of tim e authorized for leave in accordance with an approved Fam ily and M edical Leave Act request shall be required to accept alternate em ploym ent with the City in another job classification for which he/she is deem ed by the City to be qualified and able to perform the essential functions, with or without reasonable accom m odation in accordance with applicable law, or shall be subject to layoff. Attachment number 1 \nPage 39 Item # 7 36 An em ployee who is laid off pursuant to this provision shall be placed on the re-em ploym ent eligibility list for his/her designated job classification and any other job classification of a lower level in which the em ployee has previously served or for which the em ployee is deem ed by the City to be qualified. ARTICLE 9 WAGES & COMPENSATION Section 1. Salary (See Appendix for listing of pay grades assigned to represented job classifications) A. Pay Range m inim um s and m axim um s for all classifications represented by the bargaining unit will not be adjusted for the period from O ctober 1, 2011 through Septem ber 30, 2012. Pay Range m inim um s and m axim um s for all classifications represented by the bargaining unit will be adjusted by 2% effective O ctober 1, 2012. Pay Range m inim um s and m axim um s for all classifications represented by the bargaining unit will be adjusted by 2% effective O ctober 1, 2013. Effective from O ctober 1, 2011 to Septem ber 30, 2014, em ployees whose current base rate of pay is below their respective pay range m axim um and who receive a rating of M eets Standards or better on their annual perform ance review shall be provided with a m erit pay increase equivalent to 2.5% of the em ployee’s respective annual base rate of pay to be applied to the em ployees’ biweekly base rate of pay, effective as of the date of the em ployees’ annual perform ance review. Any portion of the increase which, when annualized, exceeds the respective pay range m axim um shall be paid as a one tim e lum p sum bonus paym ent, and such em ployees’ biweekly base rate of pay shall be adjusted to the pay range m axim um . Pay due in accordance with the above provisions for the period retroactive to O ctober 1, 2011 shall be paid as a lum p sum and shall be calculated by m ultiplying 2.5% tim es the respective em ployee’s gross wages from the date of the em ployee’s respective annual perform ance evaluation to the first day of the payroll period im m ediately following the date3 of approval of the agreem ent by the City Council. B. Em ployees shall receive their first annual perform ance evaluation one year from their initial date of hire, and if rated M eets Standards or better, shall receive any applicable pay increases as of the date of the initial one-year perform ance evaluation. Such em ployees shall be eligible for their next annual m erit pay increase, if applicable, on the following O ctober 1 subsequent to the initial one-year perform ance evaluation. Upon receiving a rating of M eets Standards or better, such em ployees shall at that tim e receive a pro-ration of the applicable pay increases based on the num ber of days between O ctober 1 and the date of the initial one-year perform ance evaluation, and shall have their annual m erit pay increase date adjusted to the O ctober 1 date thereafter. Attachment number 1 \nPage 40 Item # 7 37 In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit m em bers who are determ ined by their respective departm ent to not m eet standards or who receive a rating of Im provem ent Expected on their annual perform ance evaluation, and who subsequently receive a rating of M eets Standards on their initial or secondary 3-m onth followup perform ance evaluation, shall be eligible to receive any applicable pay increases effective on the date of the respective 3-m onth follow-up perform ance evaluation the em ployee is determ ined to m eet standards. Such em ployees shall be eligible for their next annual m erit pay increase, if applicable, on the following O ctober 1 subsequent to the successful 3-m onth follow up perform ance evaluation, and upon receiving a rating of M eets Standards or better at that tim e shall receive a pro-ration of the above applicable pay increases based on the num ber of days between O ctober 1 and the date of the successful 3-m onth follow-up perform ance evaluation, and shall continue to be eligible for any applicable m erit pay increase on the O ctober 1 date thereafter. Em ployees who receive a rating of Im provem ent Expected on their annual perform ance evaluation and both the initial and secondary 3-m onth follow-up perform ance evaluations shall not receive a m erit increase, and shall be revaluated again after one year from the date of the initial evaluation that was rated Im provem ent Expected. Section 2. Overtime A. All em ployees outlined in the Pay Plan as eligible for overtim e shall receive 1-1/2 tim es their regular rate of pay for all hours worked in excess of 40 hours per week. Em ployees shall only work overtim e hours as directed or perm itted by m anagerial personnel. Sick leave, vacation, and other tim e not worked except designated City holidays and floating holidays shall not count as hours worked for overtim e purposes. B. O vertim e will not be assigned unfairly. W henever practicable, the City will offer overtim e assignm ents to perform work applicable to the CW A bargaining unit to available and qualified m em bers of the bargaining unit prior to offering such assignm ents to non-bargaining unit personnel. C. Any full-tim e em ployee who is required to work two consecutive full shifts in a twenty-four hour period will be provided $10.00 for m eal m oney. Section 3. Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. M onday –Friday Saturday & Sunday Extended Tim e D uring H olidays $30 Per N ight $35 Per D ay $40 Per D ay Attachment number 1 \nPage 41 Item # 7 38 D aily standby (M onday-Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). W eekend standby shall begin at what would be the norm al starting tim e on Saturday and shall conclude at the beginning of the regular workday on M onday (48-hour period). Extended Tim e D uring D esignated H olidays shall apply when an em ployee assigned to standby continues in standby assignm ent for an 8-hour extended period for a designated holiday. In addition to the above am ounts, an em ployee who is called out to work while on Standby duty shall be credited with one hour work tim e or the actual hours worked during the entire Standby period, whichever is greater. An em ployee assigned to Standby who receives a work-related phone call during the Standby period and who conducts City business without being called out to work shall be credited with one-tenth of an hour or the actual am ount of tim e of the phone call, whichever is greater, for each such phone call received. B. Recall (Call-out, Callback, and Call-in): If an em ployee is called back to work after the em ployee's norm al work day and returns to work, or if an em ployee is called back to perform needed work after the em ployee’s regular shift ends and the em ployee has already left the job, or if an em ployee is called in to perform needed work on a weekend, holiday, or other equivalent period during which the em ployee would not otherwise have worked, the em ployee shall be credited with two hours work tim e or the actual hours worked, whichever is greater. Tim e shall be com puted from when the em ployee reports on-duty, and ceases when he/she reports off-duty. C. Tim e beyond an em ployee’s regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignm ent or the requirem ent to work on an em ployee’s regular non-workday(s) shall not be subject to any m inim um guarantee pay or hours. H owever, all tim e worked shall be credited toward hours worked for regular and overtim e pay purposes. D . Em ployees shall not be assigned to standby duty if excused in advance by m anagerial personnel, and in all cases the D epartm ent will seek volunteers prior to assigning standby duty. The City shall have the right to specify requirem ents needed for standby, including skills, dependability and ability to report tim ely, and em ployees not m eeting said requirem ents m ay not volunteer for such standby. E. Any em ployee assigned to standby and who, during the period of such standby assignm ent, is not readily available as required or who is or becom es unable to perform his/her work duties shall be subject to discipline, except that an em ployee who becom es sick or injured and im m ediately notifies his/her supervisor shall not be subject to discipline. The City m ay require evidence in the form of an excuse from a m edical doctor of such injury or illness. Attachment number 1 \nPage 42 Item # 7 39 Section 4. Shift Differential Regular, full-tim e em ployees (other than those utilizing flex-tim e) shall be entitled to 5% shift differential pay above the em ployees’ base rate of pay for all hours when the m ajority of their regularly scheduled hours for the work week fall between 4:00 PM and 12:00 AM , regardless of the starting or ending tim e of the em ployee's shift. Regular, full-tim e em ployees (other than those utilizing flex-tim e) shall be entitled to 7% shift differential pay above the em ployees’ base rate of pay for all hours when the m ajority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM , regardless of the starting or ending tim e of the em ployee's shift. Section 5. Acting Pay An em ployee who is assigned to work in an “acting” capacity in a higher level classification for m ore than 10 consecutive work days shall receive acting pay retroactive to the day the acting assignm ent began. The am ount of pay shall be 5% higher than the em ployee’s current base rate of pay. Driver Pay: Em ployees assigned to the classification of Solid W aste W orker in the Solid W aste D epartm ent will continue to receive “driver pay” for each day succeeding the 20th cum ulative day the em ployee has substituted as a driver. The rate is $15.00 per day. Section 6. Training Differential Em ployees who are required to provide form al training to other em ployees outside of what is considered the norm al scope of their job duties, and who are designated “Trainers” with an established curriculum as determ ined by the D epartm ent D irector, will receive 5% above their norm al base pay for any hours they are assigned to act as trainers in a form al training capacity. Section 7. Leadworker Assignment and Pay A D epartm ent D irector, with the prior approval of the City M anager or his/her designee, m ay assign leadworker duties to a regular em ployee for such period of tim e as will, in his/her opinion, serve the best interest of the City. Such assignm ent shall be m ade only when a sm all group of workers are, in the norm al course of their duties, regularly required to work at a tim e and/or place without the degree of supervision which, in the judgm ent of the D epartm ent D irector, is conducive to efficient perform ance. An em ployee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise prim ary layout and/or supervisory functions in relation to other workers who are ordinarily classified the sam e as the leadworker, accepting com m ensurate responsibility for group perform ance. For the period of such assignm ent the leadworker shall be paid an additional biweekly am ount representing 5% above his/her current base rate of pay. Attachment number 1 \nPage 43 Item # 7 40 Leadworker assignm ents m ay be authorized for intervals up to one year in duration, or m ay be authorized for shorter intervals at the discretion of the respective D epartm ent D irector. If an em ployee has been assigned as a Leadworker for one year, the Leadworker assignm ent shall then be rotated to another em ployee deem ed by the respective departm ent to be qualified for the assignm ent. If no other em ployees are interested or deem ed qualified, an em ployee m ay be assigned Leadworker for consecutive one-year intervals. Section 8. Assignment Pay Differential A. A D epartm ent D irector m ay, at his/her discretion and with the approval of the City M anager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay D ifferential when the duties of the position differ from others in the sam e classification in their difficulty, com plexity, responsibility, or hazardous nature to the extent that additional com pensation is deem ed warranted. Assignm ents to positions m ay be on a rotational basis, or m ay be offered to em ployees in the respective classification based upon City seniority, however the D epartm ent D irector shall have the right to rem ove any em ployee from such assignm ent in conjunction with a developm ent plan if perform ance is deem ed unsatisfactory. B. Solid W aste Equipm ent O perators and Solid W aste W orkers who are assigned and com plete two full routes on one work day during a work week that pickups are lim ited by a City designated H oliday shall receive a prem ium pay equivalent to four hours of pay based on the em ployee’s base rate of pay. Such prem ium pay shall not constitute hours worked or to be accum ulated toward the calculation of overtim e. Section 9. Uniforms and Rain Gear A. The City agrees to provide each full-tim e em ployee who is required to wear a uniform with an initial issue of five uniform s. Perm anent part-tim e em ployees who are required to wear a uniform shall be issued a pro-rated num ber as determ ined necessary by the hiring departm ent based on scheduled hours/days of work per week. The City shall determ ine the m anner of procurem ent and style of uniform s to be worn. The City agrees to provide cotton blend uniform s of at least 35% cotton to em ployees who are required to wear uniform s. The em ployee agrees to launder the uniform s. The em ployee will be issued a replacem ent for each uniform that becom es torn or tattered as the result of norm al wear and tear, but not for a uniform that has been dam aged due to the em ployee's abuse or negligence. The em ployee m ust return the uniform as a condition for receiving a replacem ent. B. The City will provide an allowance of up to $125.00 based upon dem onstrated need for the purchase of safety shoes for each em ployee who is required to wear such. The City shall have the authority to designate additional job classifications as eligible for the allowance. Em ployees who request safety shoes and are denied such by their departm ent m ay have the decision reviewed by the City M anager or his/her designee by subm itting a written request within 10 work days of the departm ent’s decision. The decision of the City M anager or designee shall be final and binding and not subject to arbitration. Attachment number 1 \nPage 44 Item # 7 41 The City shall determ ine the m anner of procurem ent to be afforded all affected em ployees, and shall have the right of approval in determ ining types of shoes which are acceptable. Em ployees shall provide worn or unserviceable safety shoes to their respective departm ent for inspection in order to obtain authorization for replacem ent. Em ployees m ay be perm itted to keep such worn shoes after inspection at the discretion of their respective departm ents. C. The City will provide em ployees with adequate rain gear. Rain gear that is worn, torn, and/or tattered through norm al wear and tear shall be replaced, provided that the em ployee turned in the old rain gear. Em ployees m ay use um brellas instead of rain gear as appropriate to the job classification. D . All uniform s and equipm ent provided by the City shall be issued and accounted for in accordance with I.R.S. regulations governing sam e. Section 10. Certification Pay A. City fleet service m echanics who obtain and m aintain job-related ASE certifications in accordance with standards established by the City shall receive $.50 per hour in addition to the em ployees’ base rate of pay for each such certification obtained and m aintained up to a m axim um of seven such certifications. City fleet service m echanics who obtain and m aintain the required ASE certifications constituting the designation of ASE M aster in a City authorized m odule of study shall receive $5.00 per hour in addition to the em ployees’ base rate of pay in lieu of the individual certification pays described above. The City agrees to pay the cost of the training and exam ination process for each certification the first tim e em ployees attend such only. The City reserves the right to determ ine the appropriate certifications that will be entitled to the additional com pensation. B. The classifications of M arine Lifeguard, Senior M arine Lifeguard, and W ater Safety Supervisor shall be eligible for a 5% certification pay differential in addition to the respective incum bent’s base rate of pay for the possession and m aintenance of a valid State of Florida Em ergency M edical Technician certification. C. The classification of Building Construction Inspector shall be eligible for a 4% licensure pay differential in addition to the respective incum bent’s base rate of pay for the possession and m aintenance of each valid inspector license offered by the State of Florida Building Code Adm inistrators and Inspectors Board over and above the first such license required as a m inim um qualification requirem ent. Additional differentials shall be calculated cum ulative and not com pounding (i.e., 8% , 12% , 16% , etc.). The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incum bent’s base rate of pay for the possession and m aintenance of each valid plans exam iner license offered by the State of Florida Building Code Adm inistrators and Inspectors Board when the em ployee is directed by his/her departm ent to utilize such license at any tim e during the payroll period. Attachment number 1 \nPage 45 Item # 7 42 Section 11. Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of em ployees who are required by the City to furnish their own tools, when it can be verified such tools are broken on the job or when such tools are stolen from the job site and a police report confirm ing the theft is given to m anagem ent. Em ployees shall be required to report the breakage or loss of such tools to theft im m ediately in order to be entitled to replacem ent or repair. Section 12. Training and Career Development Workshops Em ployees will be com pensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for the tim e the em ployee attends training and career developm ent workshops. Section 13. Travel and Mileage Em ployees shall be com pensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for work related travel tim e. All em ployees who drive their own vehicle for City business will be paid upon request reim bursem ent in accordance with City policy for any m ileage traveled at the rate set by the Internal Revenue Service. Section 14. Commercial Driver's License A. Em ployees in driving positions which require a CD L and who fail to com ply with requirem ents of the State of Florida CD L program cannot continue to function in their driving positions. At such tim e as the em ployee can no longer drive vehicles required in his/her job classification because of his/her failure to com ply with CD L requirem ents of the state, the City shall preclude the em ployee from driving the designated City vehicles. The em ployee shall have thirty (30) days in which to com ply with the state CD L requirem ents or to obtain a transfer, dem otion or prom otion to a position not requiring CD L licensure. Such job change m ust be accom plished within the norm al processes for transfer, dem otion or prom otion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, dem otion or prom otion to a position not requiring the CD L shall result in the layoff of the em ployee. B. The City will reim burse regular, non-probationary em ployees for the cost of any CD L and endorsem ents required by the City, including any fees associated with obtaining such license or endorsem ents, provided the em ployee has subm itted evidence of possession of the CD L in good standing along with a receipt identifying the costs incurred, and has not had any in-service vehicle accident or m oving traffic violations since his/her last license was issued. Section 15. Parking The City will m ake an effort to provide parking for all em ployees. Attachment number 1 \nPage 46 Item # 7 43 Section 16. Tuition Reimbursement Each m em ber of the bargaining unit shall be entitled to reim bursem ent for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an am ount of $650 per year for each fiscal year of this Agreem ent. ARTICLE 10 INSURANCE Section 1. The City agrees to m eet with the CW A representatives as necessary to review the health and life insurance program s for the purpose of reducing the cost of such program s for the City and the em ployees. The City further agrees to provide the CW A with such inform ation as it has available which would be required to form ulate such a benefit package and to cooperate with the CW A to obtain pertinent inform ation from the present carrier. Section 2. The City agrees that for the calendar year occurring within the first year of the agreem ent, the City shall contribute toward the m edical insurance prem ium s for em ployees and their dependents in the am ount approved for the plans approved by the City Com m ission. The City and Union agree to m aintain a Benefits Com m ittee recom m endation process culm inating in final action by the City Com m ission to determ ine m edical insurance prem ium s for em ployees and their dependents for the duration of this Agreem ent. The City further agrees that during the life of the agreem ent, the City will m ake available to em ployees the option of at least one health insurance plan for which the City shall pay 100% of the prem ium for the em ployee only base benefit plan cost, it being understood that such base plan m ay provide a different level of benefit than that which is currently provided. Additional coverage for the fam ily or spouse, as well as any enhancem ents or “buy ups” to the base plan will continue to be paid for by the em ployee. Section 3. The City shall pay the prem ium s for group life insurance for all bargaining unit m em bers equivalent to one-and-one-half tim es the respective em ployee’s annual base rate of pay, up to a m axim um of $50,000 coverage. Section 4. Unemployment Insurance: The City shall participate in and provide em ployees with unem ploym ent insurance as provided by law. Section 5. Workers' Compensation Insurance: The City shall participate in and provide em ployees with W orkers' Com pensation Insurance as provided by law. Section 6. Social Security Insurance: The City shall provide all necessary em ployer contributions for social security insurance as provided by law for those em ployees ineligible to participate in the City retirem ent program . Attachment number 1 \nPage 47 Item # 7 44 Section 7. Liability Insurance: The City shall provide legal counsel to assist in the defense of any claim against any m em ber of the bargaining unit, where the claim results from the em ployee's em ploym ent with the City and where the em ployee is acting within the scope of his/her em ploym ent, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indem nify, pay or insure any claim other than an intentional tort. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. N o em ployee shall be disciplined except for just cause. Section 2. The City and the Union will continually review the Perform ance & Behavior M anagem ent Program (PBM P) at m utually convenient tim e periods in a cooperative m anner. Section 3. W henever the City or the Union proposes to am end any policy affecting the discharge and discipline of unit em ployees, the City or the Union shall provide notice and a copy of the proposed am endm ents to the other party at least 21 days in advance of a m eeting. The Union and the City shall m eet to reach consensus on any proposed changes. Section 4. D evelopm ent plans designed to address em ployees’ perform ance or behavior which does not m eet established standards or expectations m ay be initially im plem ented for a period from a m inim um of 3 m onths to a m axim um of 6 m onths, and m ay be extended for up to an additional 6 m onths if deem ed appropriate. Em ployees shall be provided written acknowledgm ent of successfully com pleted developm ent plans. ARTICLE 12 DRUG AND ALCOHOL POLICY The City’s policy is intended to conform to the D rug Free W ork Place Act and to be in com pliance with any Federal Law requirem ents regarding the unlawful m anufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug. Section 1. Voluntary use of controlled substances which cause intoxication or im pairm ent on the job and poses risks to the em ployer, the affected em ployee and their coworkers, is prohibited. Section 2. All bargaining unit em ployees will be fully inform ed of the em ployer's for cause drug testing policy before testing is adm inistered. Bargaining unit em ployees will be provided with inform ation concerning the im pact of the use of drugs on job perform ance. Unit supervisors will be trained to recognize the sym ptom s of drug abuse, im pairm ent and intoxication. The City will perm it two em ployees selected by the Union to attend such training class on City tim e. Attachment number 1 \nPage 48 Item # 7 45 Section 3. Annual Physical Em ployees in job classifications which require an annual or biannual physical m ay be required to subm it to a drug screening as part of the annual physical exam ination. Section 4. Citys Drug and Alcohol Program Policy The City’s D rug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be m ade as revisions to laws or regulations of state or federal governm ent or agencies deem perm issible. Union representatives will be furnished with copies of the policies upon such revision. W henever the City or the Union proposes to am end or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed am endm ents or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed am endm ents or changes in accordance with the law and the term s of this agreem ent. ARTICLE 13 RETIREMENT Section 1. The City agrees to send announcem ents of regularly scheduled m eetings of the Board of Trustees of the Em ployees' Retirem ent System to the President of the Union. Section 2. A spokesm an for the Union shall have the right to present the Union's views regarding the em ployees' retirem ent system either orally or in writing to the Advisory Com m ittee of the Board of Trustees. Section 3. N otification of any change of benefits in the Em ployees' G eneral Pension Plan shall be given to the em ployees 60 days prior to any action taken. Section 4. The parties agree to bargain proposed changes in the City's Pension Plan that deal with m andatory subjects of collective bargaining and any im pact these changes m ay have on bargaining unit m em bers. Section 5. Vacation and Bonus to be Credited Toward Retirement A. Vacation Accum ulation The am ount of vacation accum ulation shall not exceed 240 hours for the purpose of early retirem ent. Attachment number 1 \nPage 49 Item # 7 46 B. Special Bonus D ays After 20 Years Upon the com pletion of a total of 20 years (consecutive) service with the City, an em ployee who was em ployed by the City prior to O ctober 1, 1990, shall be entitled to begin accum ulating credit toward the awarding of bonus days for the purpose of early retirem ent or a cash settlem ent only at the tim e of retirem ent which shall not exceed a total of 15 working days. N o bonus days shall be provided to any em ployee hired by the City on or after O ctober 1, 1990. The schedule for the accum ulation of bonus days shall be as follows: Upon com pletion of 21 years service Accum ulate 1 day Upon com pletion of 22 years service Accum ulate 2 additional days Upon com pletion of 23 years service Accum ulate 3 additional days Upon com pletion of 24 years service Accum ulate 4 additional days Upon com pletion of 25 years service Accum ulate 5 additional days Number of days which may be accumulated 15 days total Section 6. Any sick leave charged to an em ployee’s sick leave balance after M ay 10, 1998 as the result of a line-of-duty injury shall be added back to the em ployee’s sick leave balance up to the em ployee’s respective sick leave cap at the tim e of retirem ent. This relates only to injuries and reinjuries wherein wages are com pensable under W orkers' Com pensation. Section 7. D uring the advancing of the retirem ent date through the use of sick leave, bonus days, and vacation leave, em ployees shall not accrue any benefits except retirem ent credit, including but not lim ited to vacation leave, sick leave, insurance prem ium s, holidays, workers’ com pensation, salary increases, assignm ent pay, shift pay, allowances, reim bursem ents or special paym ents, or bonuses of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority A. Seniority is defined as the length of continuous service in City em ploym ent. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. B. After successful com pletion of the initial probationary period, which is six m onths, seniority will revert to the date of em ploym ent. Seniority shall be used as a factor in consideration for prom otion. W hen skills and qualifications are substantially equal, seniority shall prevail. Attachment number 1 \nPage 50 Item # 7 47 C. Em ployees shall lose their seniority only as a result of the following: 1. Voluntary term ination. 2. Retirem ent. 3. Term ination for Cause. 4. Failure to return from m ilitary leave within the tim e lim it prescribed by law. D . W henever there is a question as to which bargaining unit em ployee shall be allowed vacation, days off, differential paym ents or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. Section 2. Layoffs A. An em ployee m ay be laid off by the City M anager in the m anner herein provided when there is lack of work or funds, abolition of either full-tim e or part-tim e position, or m aterial changes in duties or organization which require a reduction in personnel. N o regular em ployee, however, shall be laid off while there are Em ergency, Tem porary, Seasonal, probationary, or other nonregular status em ployees serving in the sam e class. B. W hen the need arises for laying off either full-tim e or part-tim e regular em ployees in any departm ent for any of the reasons enum erated in Section 1 hereof, the order of layoff shall be determ ined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. W hen other qualifications are substantially equal, City seniority will govern. W hen City seniority is the sam e, tim e in classification will govern. W hen City seniority and tim e in classification are the sam e, the order of layoff shall be determ ined by a coin toss. W hen determ ining the order of layoff for parttim e em ployees, City seniority shall be defined by the num ber of com pleted continuous service hours. C. An em ployee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to his/her current classification. If a vacant position exists within such em ployee’s prior classification, the em ployee will be assigned to the vacant position. If no vacant position exists within such em ployee’s prior classification, and this m ovem ent requires further reduction in the work force, the sam e procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. The provisions of this and the following section are based on the prem ises that the services of the affected em ployee have been satisfactory and that he/she is physically and m entally capable of efficiently discharging the duties of another position in the sam e or lower class. D . N am es of regular em ployees who are laid off shall be placed on the re-em ploym ent list for the appropriate class for re-em ploym ent within one year thereafter when vacancies in the class occur. An em ployee who is eligible to have his/her nam e placed on a re-em ploym ent list m ay, on written request and with the approval of the H um an Resources D irector and the City M anager or designee, have his/her nam e also placed on re-em ploym ent lists for the sam e or Attachment number 1 \nPage 51 Item # 7 48 lower classification requiring essentially the sam e or lesser qualifications within a class series or for other classes in which the em ployee previously had regular status. N am es shall be placed on the re-em ploym ent list in the order of City seniority. ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreem ent shall be effective as of the 1st day of O ctober, 2011 and shall continue in full force and effect until Septem ber 30, 2014. At least 120 days prior to the term ination of this Agreem ent, either party hereto shall notify the other, in writing, of its intention to m odify, am end or term inate this Agreem ent. Failure to notify the other party of its intention to m odify, am end or term inate, as herein above set forth, will autom atically extend the provisions and term s of this Agreem ent for a period of one year, and each year thereafter absent notification. IN W ITN ESS W H EREO F, the parties hereto have set their hands and seals this _________ day of _______________________________, 2012. ATTEST: CITY OF CLEARWATER ______________________________ ___________________________ _________ Rosem arie Call, City Clerk W illiam B. H orne II, City M anager Approved as to form and correctness: Countersigned: ______________________________ __________________________________ Pam ela K. Akin, City Attorney Frank Hibbard, M ayor W ITN ESSES: COMMUNICATIONS WORKERS OF AMERICA ______________________________ ________________________________ M arie M alliet, CW A Representative ______________________________ ______________________________ ________________________________ Stephen C. Sarnoff, President, Local 3179 ______________________________ Attachment number 1 \nPage 52 Item # 7 APPENDIX A Alphabetical Listing of Job Classifications i Job Code Title Pay Grade 225 Accounting Clerk C-105 230 Accounting Technician C-109 1540 Air Conditioning Technician C-112 4603 Arborist C-111 707 Board Reporter C-109 1560 Building & Maintenance Foreman C-113 1570 Building & Maintenance Supervisor C-116 1380 Building Construction Inspector C-115 1375 Building Inspector Technician C-113 510 Chief Communications Technician C-114 706 City Clerk Specialist C-109 90 Clerk-Receptionist C-101 1318 Code Enforcement Inspector C-113 500 Communications Technician C-111 1040 Construction Inspector I C-112 1050 Construction Inspector II C-114 1001 Construction Office Specialist C-109 2485 Construction Specialist C-113 6001 Container Maintenance Worker C-107 6565 Courier C-104 6500 Custodial Worker C-102 5128 Customer Service Accounting Representative C-108 5125 Customer Service Representative C-107 5135 Customer Service Specialist C-110 1125 Design & Mapping Technician C-113 1335 Development Review Specialist C-112 1340 Development Review Supervisor C-114 1320 Development Review Technician I C-107 1325 Development Review Technician II C-110 1115 Drafting & Mapping Technician C-111 1741 Electro-Mechanical Technician C-115 1940 Electronics Technician C-114 1105 Engineering Technician C-111 1172 Environmental Technician C-110 1810 Equipment Operator C-108 5110 Field Service Representative I C-106 5111 Field Service Representative II C-107 4035 Fire Public Education & Info Aide C-109 4040 Fire Public Education & Info Specialist C-112 1610 Fleet Mechanic C-112 1675 Fleet Mechanic Supervisor C-116 1654 Fleet Operations Trainer C-114 Attachment number 1 \nPage 53 Item # 7 APPENDIX A Alphabetical Listing of Job Classifications ii Job Code Title Pay Grade 1660 Fleet Production Control Coordinator C-115 1601 Fleet Service Worker C-105 4601 Forestry Technician C-106 5379 Gas Specialist C-115 5383 Gas Supervisor C-116 5355 Gas Technician I C-107 5365 Gas Technician II C-111 5375 Gas Technician III C-114 75 Graphics Designer C-111 61 Graphics Specialist C-109 70 Graphics Supervisor C-116 44 Graphics Technician C-108 1820 Heavy Equipment Operator C-111 1365 Housing Inspector C-114 5741 Industrial Pretreatment Technician C-113 1345 Inspections Specialist C-114 2068 Lead Parking Attendant C-106 2110 Library Assistant C-105 8000 Library Page Hourly 1360 License Inspector C-113 1910 Licensed Electrician C-115 4012 Life Hazard Safety Inspector C-113 1760 Machinist/Fabricator C-114 6530 Maintenance Worker I C-102 6540 Maintenance Worker II C-105 3010 Marine Facility Operator C-108 3045 Marine Lifeguard C-107 3044 Marine Operations Supervisor C-116 3030 Marine Recreation Program Supervisor C-112 1651 Mechanic Fabricator C-113 655 Network Support Technician I C-108 656 Network Support Technician II C-111 2066 Parking Attendant C-101 2030 Parking Enforcement Specialist C-107 2035 Parking Enforcement Supervisor C-112 2045 Parking Operations Supervisor C-114 2025 Parking Technician C-108 4671 Parks Service Supervisor I C-114 4672 Parks Service Supervisor II C-116 4625 Parks Service Technician I C-104 4635 Parks Service Technician II C-108 4645 Parks Service Technician III C-111 Attachment number 1 \nPage 54 Item # 7 APPENDIX A Alphabetical Listing of Job Classifications iii Job Code Title Pay Grade 3230 Personnel/Payroll Technician C-110 1545 Plumber C-112 8355 Police Aide C-104 3571 Police Communication Operator C-112 3568 Police Communication Operator Trainee C-109 3560 Police Communication Supervisor C-115 3515 Police Information Supervisor C-113 3505 Police Information Technician I C-105 3510 Police Information Technician II C-109 3517 Police Office Specialist C-109 3520 Police Property Clerk C-106 3521 Police Property Supervisor C-113 3570 Police Telecommunicator C-107 4760 Pool Guard C-105 1740 Public Services Specialist C-115 1745 Public Services Supervisor I C-114 1755 Public Services Supervisor II C-116 1705 Public Services Technician I C-107 1708 Public Services Technician II C-111 1725 Public Services Technician III C-113 1730 Public Services Trainer C-114 1746 Public Utilities Specialist C-115 1750 Public Utilities Supervisor I C-114 1756 Public Utilities Supervisor II C-116 1706 Public Utilities Technician I C-107 1709 Public Utilities Technician II C-111 1726 Public Utilities Technician III C-113 4762 Recreation Leader I C-105 4763 Recreation Leader II C-107 4784 Recreation Program Support Technician C-109 4785 Recreation Programmer I C-109 4775 Recreation Programmer II C-111 5160 Senior Customer Service Representative C-111 2115 Senior Library Assistant C-106 3050 Senior Marine Lifeguard C-109 3572 Senior Police Communication Operator C-113 180 Senior Service Dispatcher C-110 170 Service Dispatcher C-105 1355 Sign Inspector C-114 6026 Solid Waste Accounts Coordinator C-111 6020 Solid Waste Equipment Operator C-111 6046 Solid Waste Service Coordinator C-116 Attachment number 1 \nPage 55 Item # 7 APPENDIX A Alphabetical Listing of Job Classifications iv Job Code Title Pay Grade 6036 Solid Waste Supervisor I C-114 6040 Solid Waste Supervisor II C-116 6000 Solid Waste Worker C-105 6003 Solid Waste Yard Maintenance Leader C-107 100 Staff Assistant C-107 420 Storeskeeper C-110 1010 Survey Assistant I C-106 1020 Survey Assistant II C-109 1030 Survey Party Chief C-114 1530 Tradesworker C-111 2050 Traffic Engineering Assistant C-110 2053 Traffic Operations Supervisor I C-114 2055 Traffic Operations Supervisor II C-116 2005 Traffic Technician C-111 6005 Transfer Station Operator C-107 4600 Tree Trimmer C-108 1765 Utilities Mechanic C-112 1775 Utilities Mechanic Supervisor I C-114 1785 Utilities Mechanic Supervisor II C-116 1640 Warehouse Clerk C-108 1650 Warehouse Supervisor C-114 5720 Wastewater Treatment Plant Operator-A C-114 5710 Wastewater Treatment Plant Operator-B C-113 5701 Wastewater Treatment Plant Operator-C C-112 5700 Wastewater Treatment Plant Operator-Trainee C-107 5730 Wastewater Treatment Plant-Lead Operator C-116 5570 Water Plant Chief Operator C-116 5561 Water Plant Operator A C-114 5560 Water Plant Operator B C-113 5550 Water Plant Operator C C-112 5540 Water Plant Operator Trainee C-107 3060 Water Safety Supervisor C-114 6014 Welder C-111 Attachment number 1 \nPage 56 Item # 7 APPENDIX B C.W.A. Pay Range Tables v 2011/2012 2012/2013 2013/2014 Pay Grade B/W Min B/W Max B/W Min B/W Max B/W Min B/W Max 101 $690.87 $1,061.49 $704.69 $1,061.49 $718.78 $1,082.72 102 $725.85 $1,115.01 $740.37 $1,115.01 $755.17 $1,137.31 103 $760.83 $1,168.43 $776.05 $1,168.53 $791.57 $1,191.90 104 $800.18 $1,226.51 $816.19 $1,226.51 $832.51 $1,251.04 105 $843.91 $1,288.95 $860.79 $1,288.95 $878.00 $1,314.73 106 $883.26 $1,355.85 $900.93 $1,355.85 $918.95 $1,382.97 107 $926.99 $1,418.29 $945.53 $1,418.29 $964.44 $1,446.66 108 $975.09 $1,494.11 $994.59 $1,494.11 $1,014.48 $1,524.00 109 $1,023.19 $1,569.93 $1,043.65 $1,569.93 $1,064.52 $1,601.33 110 $1,075.66 $1,641.30 $1,097.17 $1,641.30 $1,119.11 $1,674.12 111 $1,128.13 $1,730.50 $1,150.70 $1,730.50 $1,173.72 $1,765.11 112 $1,184.97 $1,815.24 $1,208.67 $1,815.24 $1,232.84 $1,851.54 113 $1,246.19 $1,904.44 $1,271.11 $1,904.44 $1,296.53 $1,942.53 114 $1,303.03 $1,998.10 $1,329.09 $1,998.10 $1,355.67 $2,038.06 115 $1,372.99 $2,096.22 $1,400.45 $2,096.22 $1,428.46 $2,138.14 116 $1,442.95 $2,160.06 $1,471.81 $2,203.26 $1,501.25 $2,247.33 Attachment number 1 \nPage 57 Item # 7 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Officers bargaining unit will expire on September 30, 2012. City management staff and representatives of the Fraternal Order of Police Officers unit began discussions in November of 2011 regarding a new collective bargaining agreement in conjunction with negotiations over proposed changes to the City Pension Plan. On December 6, 2011, the parties reached a tentative agreement for a new contract as part of a package deal that included the proposed Pension Plan changes. The bargaining agreement and proposed Pension Plan changes were subsequently submitted by the Union to its bargaining unit, which ratified the agreement by a vote of 111 to 1 on December 13, 2011. The agreement is a three-year contract, providing for no general wage increase but allowing instead for merit step increase advancement only in the first year and in the third year, and providing for a 2.5% across-the-board general wage increase with no step advancement in the second year. The agreement also precludes the City from contracting with another entity to supplant or displace any budgeted positions currently represented within the bargaining unit for the duration of the agreement. There are no other significant changes to the existing contract language. Costs will be included in the proposed budgets for each year of the agreement. The costs associated with the implementation of this agreement are anticipated to be approximately as follows: Fiscal Year 2012/2013 (Steps only): $181,000 Fiscal Year 2013/2014 (GWI only): $323,400 Fiscal Year 2014/2015 (Steps only): $185,000 TOTAL: $689,400 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 8 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT 2012 2013 2013 2014 2014 2015 Attachment number 1 \nPage 1 Item # 8 Attachment number 1 \nPage 2 Item # 8 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreem ent ..................................................... 1 Severability and W aiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties ............................................... ............... 2 Article 3 Rights of Parties ............................................................................. 3 O fficers Bill of Rights ................................................ ................................... 3 City’s M anagem ent Rights ............................................................................ 4 Union Rights .......................................... ........................................................ 4 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 7 Article 6 Grievance Procedure ...................................................................... 8 D efinition ................... ..................................................................................... 8 Steps ......................................................................................................... ....... 9 Arbitration .................................................................................................... 10 Article 7 Personnel Practices ........................................... ............................11 Police O fficers’ D uties ................................................................................ 11 Special D uty Call O ut .................................. ................................................ 11 O ff-D uty Calls ............................................................................................. 11 Probationary Periods ................................................................................... 12 Prom otional Procedures ............................................................................. 13 Establishm ent and D uration of Eligibility Lists ...................................... 14 Rem oval of N am es from Eligibility Lists ................................................. 14 Appointm ents............................................................................................... 15 Productivity ....................................................................... ........................... 15 Training ......................................................................................................... 15 Personnel Records ................................ ....................................................... 16 Residency Requirem ents ............................................................................. 16 Tobacco Product Usage .............................................................................. 16 Seat Belts and Safety G ear .......................................................................... 17 O ff-D uty Concealed W eapons .................................................................. 17 Physical Exam inations, Inoculations, and Fitness .................................. 18 O utside Em ploym ent .................................................................................. 18 Legal Protection ....................................................................... .................... 19 Copies of M unicipal Code .......................................................................... 19 Paycheck Issuance ..................................................... .................................. 19 Attachment number 1 \nPage 3 Item # 8 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Article 8 Leaves of Absence ........................................................................ 20 D esignated H olidays ................................ .................................................... 20 Floating H olidays ......................................................................................... 20 Vacation ...................... .................................................................................. 23 Sick Leave ..................................................................................................... 24 Bonus Leave D ays ....................................................................................... 27 Leave Pool ............................................................................ ........................ 27 Funeral Leave ............................................................................................... 29 M ilitary Leave .......................................... ..................................................... 29 Tim e O ff ....................................................................................................... 32 Leave W ithout Pay ...................................................................................... 33 Article 9 Wages & Compensation ............................................................... 34 W ages ............................................................................................................ 34 O vertim e .................................................................. ..................................... 36 Com pensatory Tim e .................................................................................... 37 Shift D ifferential .............................. ............................................................ 37 Standby .......................................................................................................... 37 Recall ............................................................................................................. 38 Acting Pay .................................................................... ................................. 38 Job Assignm ent Pay .................................................................................... 38 Canine O fficers ..................................... ....................................................... 39 Court Attendance and Standby .................................................................. 40 Line-of-D uty Injury .................... ................................................................. 41 Uniform Allowance ..................................................................................... 43 Tuition Refund ............................................................................................. 43 Article 10 Insurance .......................................................................... ............ 43 Article 11 Performance & Discipline ............................................................ 44 Article 12 Drug & Alcohol Policy .................................................. ............... 45 Article 13 Retirement .................................................................................... 46 Article 14 Seniority, Layoff, and Recall ............................. ........................... 47 Article 15 Duration, Modification, & Termination ...................................... 49 Appendix A Pay Schedules .................................................... ..............................i Attachment number 1 \nPage 4 Item # 8 Page 1 PREAMBLE This Agreem ent is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal O rder of Police, Clearwater O fficers bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreem ent to assure sound and m utually beneficial working and econom ic relationships between the parties hereto, to provide an orderly, peaceful and tim ely m eans of resolving any m isunderstandings or differences which m ay arise, and to set forth herein the full agreem ents between the parties concerning rates of pay, wages, hours of em ploym ent, and other term s and conditions of em ploym ent. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, com fort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangem ent contrary to the term s herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as am ended, for all em ployees em ployed in the unit defined by the Public Em ployee Relations Com m ission in its certification N o. 239, dated June 24, 1976, as m odified by Case N o. RC-91-001 (verification of election results and m odification of bargaining unit to include Police Service Technicians) and am ended by Case N o. AC-2003-008 (substitution of F.O .P. Lodge #10 as certified bargaining agent), which certification includes all Police O fficers below the rank of Sergeant, except as m odified below, and Police Service Technicians. It is understood by the parties that Police Cadets who have not yet successfully com pleted the State law enforcem ent certification exam , "non-paid police reserves," "police reserves," and "police auxiliary officers," and "part-tim e officers" are specifically excluded from this recognition. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreem ent, each had the unlim ited right and opportunity to m ake dem ands and proposals with respect to any subject or m atter included by law within the area of collective bargaining and that all the understandings and agreem ents arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreem ent. Therefore, the City and the Union, for the life of this Agreem ent, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any m atter or subject not specifically referred to or covered by this Agreem ent, whether or not such m atters have been discussed, even though such subjects or m atters m ay not have been within the knowledge or contem plation of either or both parties at the tim e that they negotiated or signed this Agreem ent. This Agreem ent contains the entire contract, understanding, undertaking and agreem ent of collective bargaining for and during its term , except as m ay be otherwise specifically provided herein Attachment number 1 \nPage 5 Item # 8 Page 2 This Agreem ent m ay be am ended at any tim e by the m utual consent of the parties, but no such attem pted am endm ent shall be of any force or effect until placed in writing and executed by each party hereto. The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with m andatory subjects of collective bargaining and any im pact these changes m ay have on bargaining unit m em bers. Section 3. Severability and Waiver Each and every clause of this Agreem ent shall be deem ed separable from each and every other clause of this Agreem ent. In the event that any clause or clauses shall be finally determ ined to be in violation of any law, such clause or clauses only shall be deem ed of no force and effect and unenforceable without im pairing the validity and enforceability of the rest of the contract including any and all provisions in the rem ainder of any clause, sentence or paragraph in which the offending language m ay appear. The exercise or non-exercise of the rights covered by this Agreem ent by the City or its em ployees or agents or the Union shall not be deem ed to waive any such right or the right to exercise them in the future. Section 4. Existing Rules A Police D epartm ent rule, regulation, policy or procedure now in existence in conflict with this Agreem ent shall be resolved by m odification of such rule, regulation, policy or procedure to be com patible with this Agreem ent. Em ployees shall be required to observe and com ply with all current and future written rules and regulations as set forth in D epartm ental procedures and such special and general orders and other written com m unications, except those which are in conflict with this Agreem ent. N o disciplinary action shall be taken for violation of a newly established or am ended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. The Union shall be forwarded a copy of any written departm ental m em orandum , rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such docum ent is intended to establish a standard of conduct for m em bers of the bargaining unit. The Union shall have the right to m eet with the Police Chief or his/her designee to discuss the item . ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreem ent it will deal only with the authorized representatives of the Union in all m atters requiring m utual consent or other official action called for by this Agreem ent. The Union agrees to notify the City of the nam e of such authorized representatives as of the execution of this Agreem ent and each replacem ent therefor during the term of this Agreem ent. Attachment number 1 \nPage 6 Item # 8 Page 3 Authorized representatives shall be defined as the elected O fficers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the O ffice of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 2. The Union likewise agrees that during the term of this Agreem ent the Union and the em ployees covered hereunder shall deal only with the City M anager or his/her representative in m atters requiring m utual consent or other official action and specifically the Union agrees that neither the Union nor the em ployees hereunder shall seek to involve the City's elected officials in the adm inistration of this Agreem ent, or otherwise in the operation of the City's Police D epartm ent. All m atters relating to grievances shall be processed only through the grievance procedure as set forth in this Agreem ent. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by em ployees covered by this Agreem ent as the result of specific action taken by the City M anager or Chief of Police shall not be changed in an arbitrary or capricious m anner. Section 2. It is understood and agreed that sworn police officers have rights and protection under the Florida Statute com m only known as the Police O fficer’s Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. Section 3. The Union and the City shall not interfere with the right of em ployees covered by this Agreem ent to becom e or to refrain from becom ing m em bers of the Union, and neither the City nor the Union shall unlawfully discrim inate against any such em ployee because of m em bership or nonm em bership in any em ployee organization. Section 4. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them , and further to encourage all bargaining unit m em bers to com ply with such laws and regulations at all tim es. From tim e to tim e, as the City issues policy statem ents or develops specific training program s concerning areas of prohibited discrim ination under federal laws and regulations, the City m ay subm it such policies and/or program s to the Union for their review and consideration for endorsem ent. If the Union determ ines not to endorse the policy and/or program , it shall advise the City of its reservations which have precluded it from endorsem ent. Section 5. The City opposes any form of em ploym ent discrim ination which is m ade unlawful under applicable State and Federal law. Any claim of discrim ination by an em ployee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the G rievance Procedure contained herein, but shall be subject only to the m ethod of review prescribed by law. Attachment number 1 \nPage 7 Item # 8 Page 4 Section 6. Citys Management Rights A. Except as expressly lim ited by any provision of this Agreem ent, the City reserves and retains exclusively all of its norm al and inherent rights with respect to the m anagem ent of its operations, including but not lim ited to, its rights to determ ine, and from tim e to tim e redeterm ine, the num ber, location and type of its various operations, functions and services; the m ethods, procedures and policies to be em ployed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departm ents or other divisions; to select and direct the working force in accordance with requirem ents determ ined by the City; to create, m odify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignm ents; to transfer, prom ote or dem ote em ployees; to lay off, furlough, term inate or otherwise relieve em ployees from work for lack of work, lack of funds, or other legitim ate reason; to suspend, discharge or otherwise discipline em ployees for just cause; to subcontract; to alter or vary past practices with prior notification and otherwise to take such m easures as the City m ay determ ine to be necessary to the orderly and efficient operation of its various operations, functions and services. B. If in the discretion of the City M anager or the M ayor it is determ ined that civil em ergency conditions exist, including, but not lim ited to, riots, civil disorders, strikes, hurricane conditions, or sim ilar catastrophes or disorders, this Agreem ent m ay be suspended by the City M anager or the M ayor during the tim e of the declared em ergency, provided that wage rates and other direct m onetary paym ents shall not be suspended; provided, however, that any grievance arising during suspension of this Agreem ent will be pursuable on term ination of the declared em ergency. C. M anagem ent shall not assign, reassign, discipline, dem ote, or discharge any em ployee of the bargaining unit in an arbitrary or capricious fashion. D . The City and Union agree to bargain the im pact of the exercise of M anagem ent Rights to change wages, hours or term s and conditions of em ploym ent of any person covered by this Agreem ent upon tim ely request by the Union and to the extent provided by law. Section 7. Union Rights A. Union D ues and Checkoff --D uring the term of this Agreem ent the City agrees to deduct dues owed by the em ployee to the Union on a biweekly basis. Prior to such deduction the Union shall provide the City with a signed statem ent from each em ployee whose dues are to be deducted in a form satisfactory to the City. Any authorization for dues deduction m ay be canceled or am ended by the em ployee upon thirty (30) days written notice to the City or to the City and the Union and shall also be discontinued in the event the em ployee is term inated or is transferred, prom oted or otherwise m oved out of the bargaining unit. Upon notification from the Union as to the am ount, the City shall raise the dues deduction according to the established am ount provided in the Union bylaws. Attachment number 1 \nPage 8 Item # 8 Page 5 This Agreem ent applies only to the deduction of basic m em bership dues and uniform assessm ents and shall not apply to the collection of any fines, penalties or special assessm ents. In the event that an em ployee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessm ents, it will be the responsibility of the Union to collect its dues for that pay period from the em ployee. B. Stewards --The stewards of the Union shall consist of active, current sworn em ployees of the bargaining unit or their designee. The Union will subm it a list of the elected officers, stewards, and designees to the Chief of Police and shall notify the Chief of Police of any changes to the list. Any steward who feels unqualified to represent a m em ber on any m atter will be perm itted to contact the Union President or another steward for representation. A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the com m ander on duty. A steward shall not investigate his/her own grievance or otherwise represent him self/herself. N o em ployee, while on duty, shall m eet and discuss any issue with a steward without first receiving approval from the appropriate supervisor on duty. C. Indem nification --The Union shall indem nify, defend and hold the City, its officers, officials, agents and em ployees harm less against any claim , dem and, suit or liability (m onetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and em ployees in com plying with dues deduction. The Union shall prom ptly refund to the City any funds received in accordance with this Agreem ent which are in excess of the am ount of basic and uniform m em bership dues which the City has agreed to deduct. D . Union Tim e --The Union shall be allowed up to 400 hours of tim e off with pay per year for the purpose of attending official F.O .P. functions, m eetings or conferences. Such hours shall also be used for tim e spent by bargaining unit m em bers at any m eetings pertaining to the City of Clearwater where the m em bers are specifically representing the interests of the Union. Union tim e off with pay shall be granted by the City for the purposes of grievance representation, labor m anagem ent m eetings, contract negotiations, and participation as a m em ber or attendee of any City com m ittee whereby the Union m em ber appears at the behest of and in the interest of the City. Union tim e off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this tim e shall be m ade in advance in writing and subm itted on the proper form by one of the elected officers of the bargaining unit to the im m ediate supervisor of the bargaining unit m em ber who will be utilizing the union tim e. The Police Chief or his/her designee will grant such tim e off provided that, in his/her sole and unlim ited discretion, the efficiency of operation of the departm ent will not be interfered with or im paired. Any portion of the tim e not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period. Union tim e for contract negotiations m ay be negotiated as part of the contract ground rules. Attachment number 1 \nPage 9 Item # 8 Page 6 E. Union N otification M edia --The City agrees to provide space on bulletin boards, utilization of e-m ail, or other appropriate m eans of distributing notices of m eetings or other official F.O .P. inform ation. The Police Chief or his/her designee shall review and approve or not approve any such posting or transm ission of F.O .P. official inform ation for distribution in any City facility. N o other City bulletin board, e-m ail, or other distribution m ethods m ay be used by the Union or any m em ber of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any inform ation relating to political cam paigns. F. Rules and Regulations and M em orandum s (a) The President of the Union shall be forwarded a copy of any written departm ental m em orandum , rule, regulation, order, or policy, intended for publication to all m em bers of the bargaining unit, which is intended to establish a standard of conduct for m em bers of the bargaining unit. (b) The President of the Union or his/her designee shall be forwarded a copy of the m eeting tim e and place of the Civil Service Board in advance of that m eeting. G . Posting and Copying of Agreem ent --The City and the Union further agree to provide each m em ber of the bargaining unit, within sixty (60) days after its execution, a copy of this Agreem ent, printed in booklet form . The cost of printing shall be shared equally by both parties. H . Use of Copying Equipm ent --The City agrees to allow the Union officers to use the D epartm ental copying equipm ent while off-duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any m atter which shall be lim ited to departm ental records which the Chief will not allow the Union to rem ove from the D epartm ent and copy using its own equipm ent. (b) The Union will be charged and will rem it such rate as m ay hereafter be established by the City in accordance with City Policy. (c) D epartm ental business will of course take priority and the Union will only be allowed to m ake copies while the D epartm ent is not otherwise using the copier. I. The Union m ay designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board M eetings, unless the efficiency of operations of the D epartm ent will be interfered with or im paired in the sole and unlim ited discretion of the Chief of Police or his/her designee. J. The President of the Union shall, on request, be relieved from duty with no loss in pay to attend the regular m onthly m eeting of the F.O .P. providing operations will not be interfered with. Attachment number 1 \nPage 10 Item # 8 Page 7 K. The President of the Union or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Com m ission m eeting. If an item appearing on the agenda directly affects m em bers of the bargaining unit, the Union President or his/her designated representative m ay petition the Police Chief to be relieved from duty with no loss of pay to attend the m eeting. Perm ission will not be unreasonably withheld. L. W ith prior approval and providing the departm ent determ ines in its sole discretion that there will be no adverse im pact to operations, the Secretary, Treasurer, State Trustee or Board M em ber will be perm itted to attend labor m eetings or the regular m onthly m eetings of the Lodge if they are working. H owever, they will be subject to call, and such m eeting hours shall not be counted toward the Union tim e referenced in paragraph D of this Section. M . The City shall grant the Union tim e off without pay on request. Requests for use of this tim e shall be m ade to the affected D ivision Com m ander via the chain of com m and and subsequently approved by the Chief of Police or his/her designee. The D epartm ent will grant such tim e off provided that in the opinion of the D epartm ent operations will not be interfered with. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreem ent it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or sim ilar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by m em bers of the Union and/or em ployees represented by the Union or other agents or representatives of the Union or its affiliates. Section 2. Should the Union or its m em ber em ployees covered hereunder within the City's Police D epartm ent breach this Article, then the City m ay proceed to the appropriate court and, without notice, obtain a tem porary restraining order against such breach. Section 3. Should any m em ber of the bargaining unit participate in a strike as defined in Chapter 447, Florida Statutes, he/she shall be subject to dism issal, and it is expressly agreed that such violation constitutes just cause for dism issal. Section 4. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-M anagem ent cooperation to address em ployee concerns that are not specifically provided for by contract provisions. Labor-M anagem ent cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-M anagem ent cooperative efforts shall be utilized for the purpose of discussion and input from both parties on m atters that m ay be m utually resolved and are not subject to collective bargaining, grievance, or litigation processes. Attachment number 1 \nPage 11 Item # 8 Page 8 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a m eans for the fair, expeditious, and orderly settlem ent of disputes that arise under this Agreem ent between the Union and/or a bargaining unit m em ber and the City. All em ployees and supervisory personnel should m ake every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or com plaint regarding the interpretation or application of the term s of this Agreem ent, except as exclusions are noted in other articles of this Agreem ent. Prior to the filing of a grievance, the em ployee shall m eet and discuss the issue with the im m ediate supervisor. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreem ent upon which the grievance is based and shall contain a concise statem ent of the facts alleged to support the grievance and shall be signed by the grievant. G rievances m ust be filed on proper form s supplied by the City and all inform ation m ust be furnished, including a request for Union representation if desired at each step. The grieving party m ust state in writing the rem edy sought to resolve the grievance. N o grievance form m ay be am ended from the original written grievance at the initial step of the G rievance Procedure. G rievances shall be processed in accordance with the following procedure and shall be determ ined by application of the term s of this Agreem ent, the laws of the United States, the State of Florida, and the Charter and O rdinances of the City of Clearwater. W here the term "working days" is used in this Article it shall refer to M onday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Probationary em ployees, including Police Recruits and Police O fficers, shall not have access to the G rievance Procedure for any m atter of discipline (including discharge), assignm ents, scheduling or access to training opportunities. Any grievance by a regular em ployee relating to suspension or dism issal shall be initiated at Step 3. O n behalf of em ployees covered by this Agreem ent, the Union hereby waives any right of these em ployees to resort to the Civil Service Board concerning any m atter defined in this Agreem ent. This shall specifically include grievances relating to suspensions, dem otions and dism issals. G rievances m ay be filed and processed by the Union except grievances of discipline which m ust be initiated by the disciplined em ployee. As used in this Article, the term "em ployee" m ay also m ean a group of em ployees having the sam e grievance. In such event, one em ployee shall be designated by the group of em ployees to act as a spokesperson and shall be responsible for processing the grievance. All em ployees in the group shall be identified, however only the spokesperson needs sign the grievance. Attachment number 1 \nPage 12 Item # 8 Page 9 STEP 1 If the issue is not resolved by the im m ediate supervisor, the aggrieved em ployee shall present his/her grievance in writing to his/her lieutenant within ten (10) working days after the em ployee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. If there is no lieutenant in the em ployee’s chain of com m and, the aggrieved em ployee shall appeal to the next step. The lieutenant shall review the grievance and m eet with the em ployee and an official bargaining unit Steward or other representative if one is requested. D iscussions shall be inform al for the purpose of settling differences in the sim plest and m ost direct m anner. The lieutenant shall subm it a decision in writing to the aggrieved em ployee within ten (10) working days from the date the grievance was presented to him /her. W here the lieutenant determ ines that he/she is unable to respond due to circum stances of the grievance which m ay require a decision at a higher level, he/she m ay respond by denying the grievance. STEP 2 If the grievance is not settled in the first step, aggrieved em ployee within ten (10) working days of the date of the answer in the first step, shall present it to the D ivision H ead or his/her designee. The grievance shall refer to the specific section of the Agreem ent upon which the grievance is based and shall contain a concise statem ent of the facts. The grievant will not be entitled to m odify or add to the specific sections alleged in his/her written grievance. The D ivision H ead or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, m eet with the aggrieved em ployee. The aggrieved em ployee m ay be accom panied at this m eeting by an official bargaining unit Steward or other representative. The D ivision H ead shall notify the aggrieved em ployee of his/her decision in writing not later than ten (10) working days following the m eeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved em ployee shall, within ten (10) working days of the date of notification from the D ivision H ead or his/her designee, present the written grievance to the Chief of Police or his/her designee. The Chief of Police or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following receipt of the written grievance, m eet with the aggrieved em ployee. The aggrieved em ployee m ay be accom panied at this m eeting by an official bargaining unit Steward or other representative. The Chief of Police or his/her designee shall notify the aggrieved em ployee of his/her decision in writing not later than ten (10) working days following the m eeting day. STEP 4 If still unresolved, the grievance and all responses m ay be subm itted to the City M anager or his/her designee within ten (10) working days of the tim e the response was due in Step 3. At the request of the em ployee, the City M anager or his/her designee shall m eet with the em ployee and an official bargaining unit Steward or other representative if requested. The City m ay determ ine who shall m eet with the em ployee. W ithin ten (10) working days, the City M anager or his/her designee shall notify the em ployee, in writing, of his/her decision. If a grievance is not subm itted to the City M anager, it shall be deem ed to have been resolved at Step 3 to the em ployee's satisfaction. Attachment number 1 \nPage 13 Item # 8 Page 10 Section 3. In the event that the grievance is still unresolved, the m atter shall be subm itted to final and binding arbitration as provided in this Section. A. W ithin ten (10) working days of the decision of the City M anager, the Union or the aggrieved party, as applicable, shall notify the City M anager of its intent to arbitrate. Concurrently, said party shall request from the Federal M ediation and Conciliation Service a list of seven (7) nam es of qualified arbitrators. W ithin ten (10) working days after the receipt of such a list, representatives of the parties shall m eet and each party shall strike three (3) nam es. The party filing the grievance shall strike the first nam e, and then the other party shall strike a nam e. The process shall then be repeated and the rem aining nam e shall be the arbitrator selected and notified of his/her selection as arbitrator. As prom ptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter and the cost of any transcript to be provided to 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 m ay petition for review in the circuit court. The arbitrator shall have no power to am end, add to or subtract from the term s of this Agreem ent, and if the City has denied the grievance on the basis that it was not tim ely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not tim ely filed, then the arbitrator shall have no power to grant relief. B. Copies of the decision of the arbitrator m ade in accordance with the jurisdiction and authority of this Agreem ent shall be furnished to both parties within thirty (30) days from the filing of briefs by the parties. C. The arbitrator shall arbitrate solely the issue presented. D . Unless otherwise m utually agreed upon, the subm ission to the arbitrator shall be based on the original written grievance subm itted in the grievance procedure. Section 4. Formal Processing of Grievance Initiated By City W here any provision of this Agreem ent involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City m ay 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 inform al basis, the grievance m ay be form ally filed in writing by the City M anager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreem ent which the City contends is/are not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City m ay subm it the grievance to arbitration under the provisions of Section 3 of this Article. Attachment number 1 \nPage 14 Item # 8 Page 11 ARTICLE 7 PERSONNEL PRACTICES Section 1. Police OfficersDuties A. The Union agrees that the duties of Police O fficers covered by this Agreem ent involve the perform ance of general police duties. The City agrees that m em bers of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the perform ance of functions of the Police D epartm ent. B. The City agrees that m em bers of the bargaining unit shall not be required to change autom obile tires, except in em ergencies; nor shall they be required to m anually push disabled m otor vehicles; however, they shall m ake appropriate efforts to rem ove such disabled m otor vehicles where the elim ination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled m otor vehicles should be reasonably relocated from the scene. Supervisors will be provided a noose for use by Police O fficers in m oving dead anim als. Section 2. Special Duty Call Out A. All em ployees who are covered by this Agreem ent shall receive notice of any special duty detail, not less than 5 working days prior to that event including canine dem onstrations. B. This section shall not pertain to em ergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Em ployees assigned to the Crim inal Investigation D ivision, Patrol Special O perations section, Traffic section, or com m unity policing team s are subject to adjustm ents of their hours and/or days to m eet the circum stances at hand. M anagem ent will give as m uch notice as possible when such adjustm ents are m ade but it is understood that hours m ust be flexible. Section 3. Off-Duty Calls W hen a bargaining unit m em ber is called by telephone by a supervisor, m em ber of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor for departm ental business solely to respond to a request for needed inform ation, the em ployee shall be credited with tim e worked as follows: (a) If the call is six (6) m inutes or less, the em ployee shall be credited with one-tenth of an hour of work tim e. (b) If the call is greater than six (6) m inutes, the em ployee shall be credited with the actual tim e involved for work tim e. Attachment number 1 \nPage 15 Item # 8 Page 12 (c) If the em ployee is called by a supervisor, m em ber of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor, and as a result of the call is required to take an official action at hom e on behalf of the City to obtain inform ation, to call other em ployees in the line of duty, to take other action on behalf of the City, and/or subsequently to call the supervisor or other designated City personnel with a response, the em ployee shall be credited with actual tim e involved in com plying with the supervisory directive. In such event, the em ployee shall be required to provide his/her supervisor with a full accounting of the tim e and work for which the em ployee is to be paid. (d) Em ployees shall be com pensated for any self-generated telephone calls that are deem ed appropriate and duly authorized for paym ent by their im m ediate supervisor. Section 4. Probationary Periods A. Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar m onths during which tim e the D epartm ent shall observe and review the em ployee's job perform ance, attendance, attitude and adherence to D epartm ental and City requirem ents. If during the initial probationary period, or at the end of such period, the D epartm ent determ ines that the em ployee fails to m eet and/or adhere to requirem ents or is unfit and/or otherwise unsatisfactory, said em ployee m ay have his/her initial probationary period extended at the discretion of the Police Chief or his/her designee or m ay be separated by the City. The em ploym ent status of an em ployee whose probationary period is extended shall rem ain the sam e as that during the initial probationary period. An em ployee who is separated during or at the expiration of the initial probationary period or any extension thereof shall have no right to a grievance under this contract. The City shall present to the em ployee reasons for separation in such event. In the event that the em ployee was previously a certified City em ployee who was prom oted, said em ployee m ay have his/her prom otional probationary period extended, or m ay be returned to his/her form er position provided the position is still vacant and with the approval of the form er D epartm ent D irector, or m ay be re-assigned to another position at the sam e or lower level for which the em ployee is determ ined to be qualified, or if none of the above m ay be separated and have his/her nam e placed on a re-em ploym ent list for the form er position. H owever, if such em ployee has com m itted a serious infraction which warrants dism issal, then the em ployee shall be dism issed and not have his/her nam e placed on a re-em ploym ent list. B. Police O fficers, from the date of prom otion or appointm ent to the classification of "Police O fficer," shall serve an initial probationary period consisting of the tim e required to successfully com plete the Field Training O fficer Program and an additional twelve (12) consecutive calendar m onths following the successful com pletion of the Field Training O fficer program during which tim e the D epartm ent shall observe and review the em ployee's job perform ance, attendance, attitude, and adherence to D epartm ental and City requirem ents. Attachment number 1 \nPage 16 Item # 8 Page 13 If, during the initial or prom otional probationary period or at the end of such period the D epartm ent determ ines that the em ployee fails to m eet and/or adhere to requirem ents or is unfit and/or otherwise unsatisfactory, said em ployee m ay have his/her initial or prom otional probationary period extended or m ay be separated by the City. The City shall present to the em ployee reasons for separation in such event. An em ployee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City em ployee who has been previously certified under Civil Service rules in another classification and who is prom oted to Police O fficer and subsequently fails to satisfactorily com plete the prom otional probationary period as a Police O fficer m ay have his/her prom otional probationary period extended, or m ay be returned to the form er non-police City position which the em ployee previously held as a certified em ployee provided the position is still vacant and with the approval of the form er D epartm ent D irector, or m ay be re-assigned to another position of the sam e or lower level for which the em ployee is determ ined to be qualified, or if none of the above m ay be separated by the City and placed on the re-em ploym ent list for the form er position. H owever, if such em ployee has com m itted a serious infraction which warrants dism issal, then the em ployee shall be dism issed and not have his/her nam e placed on a re-em ploym ent list. Section 5. Promotional Procedures A. All non-probationary Police O fficers who have com pleted five years of service as an O fficer in the Clearwater Police D epartm ent shall be eligible to com pete for the position of Police Sergeant and all non-probationary Police Service Technicians shall be eligible to com pete for the position of Police Service Technician Supervisor, provided they have satisfied the m inim um qualifications as established by the City M anager/designee. B. The m inim um educational requirem ent for prom otion to Police Sergeant shall include a twoyear degree, or the equivalent credit hours from an accredited college or university. C. The prom otional eligibility process for Police Sergeant will consist of an evaluation of established criteria which m ay include a written exam ination, oral interview, education and prior experience, specialized assignm ents, perform ance evaluations, prior disciplinary actions, seniority, or other factors as determ ined by the Police Chief. Such criteria shall be noted on the announcem ent of each eligibility determ ination process, and shall be weighted and scored to obtain a final eligibility rating for each candidate. The prom otional process for Police Service Technician Supervisor shall be based upon an evaluation of the education and experience of the candidates as detailed in a written Training & Experience questionnaire. D . Upon prom otion, em ployees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Em ployees who at the tim e of prom otion are receiving Job Assignm ent Pay in accordance with Article 9, Section 8 of this Agreem ent shall be entitled to have incorporated into their base pay, prior to the calculation of the prom otional increase, the greater am ount from paragraph A or paragraph B of that Section. Such em ployees shall be placed into the step in the higher level classification that represents at least a 5% increase above the com bined rate of pay and shall thereafter be eligible to receive Job Assignm ent Pay and any other additional pays in accordance with the respective term s and conditions of this or other applicable Agreem ent. Attachment number 1 \nPage 17 Item # 8 Page 14 Section 6. Establishment and Duration of Lists The prom otional eligibility lists for Police Sergeant and Police Service Technician Supervisor shall be established each tim e an opening exists. N am es of candidates shall be placed on the Police Sergeant eligibility list in order of the final eligibility rating determ ined by the established evaluation process, and nam es of candidates shall be placed on the Police Service Technician eligibility list in alphabetical order of all persons who have been determ ined to m eet the m inim um eligibility criteria. The City shall not be required to prepare a prom otional eligibility list solely because there is not an available list, unless there is a current opening. Section 7. Removal of Names from Lists N am es of eligibles shall be rem oved from the appropriate Eligibility List by operation of any of the following: (a) Appointm ent through certification from such list to fill a perm anent position. (b) W ritten statem ent by the eligible that he/she is not willing to accept appointm ent. Such statem ent m ay be restricted to a lim ited period of tim e if based on reasons satisfactory to the H um an Resources D irector. (c) D eclination of appointm ent when appointm ent is offered by the Police Chief or City M anager/designee. (d) Separation from the City service of an em ployee on a prom otional list. (e) D isability that prevents the eligible from perform ing satisfactorily the duties of the position. (f) Rem oval from the em ploym ent area designated by the City when such residence is was required as a condition of appointm ent. (g) D eterm ination by the H um an Resources D irector that the eligible has been found to lack any of the established qualifications for the position. (h) N am es of eligibles m ay be rem oved from the Eligibility List if the City deem s that the eligible willfully or knowingly gave wrong inform ation, withheld inform ation, or evaded in responses relating to his/her em ploym ent background, training, education, or character. (i) Any exam inee who divulges to any other person inform ation relating to questions and/or m aterials contained in a test will be subject to disqualification from the Eligibility List and to discipline. Attachment number 1 \nPage 18 Item # 8 Page 15 Section 8 Appointments Selection from the Eligibility List shall be at the sole discretion of the Police Chief. Selection criteria shall be developed and m ay include such factors as ranking on the eligibility list, dem onstrated job perform ance, aptitude, capacity, knowledge, character, or other qualifications. Such selection criteria will be announced at the tim e candidates are advised that a selection process will be conducted. An eligible who has been interviewed for an opening need not be interviewed again for a period of two years unless the eligible requests such. The departm ent shall counsel with any eligible who is not selected for prom otion upon the request of the em ployee. The City and Union agree that this Section m ay be reopened during the period from O ctober 1, 2012 to Septem ber 30, 2015 for the purpose of negotiating m andatory subjects of bargaining related to the prom otional selection process only. If this Section is reopened and the parties are unable to reach agreem ent, the existing language and related process shall be m aintained as the status quo, and shall not be subject to the im passe procedure. Section 9. Productivity The Union recognizes that productivity is of utm ost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective m anner. The Union acknowledges, except as expressly lim ited by the provisions of this Agreem ent, that the City m ay introduce new m ethods, processes and equipm ent, im plem ent new technology, and establish work m easurem ent standards to determ ine perform ance levels; that it m ay develop flexible job assignm ents and shifts; that it m ay establish innovative program s to im prove the provision of public services or to reduce the cost of providing such services; and that it m ay take such other actions as it deem s appropriate to im prove productivity. Section 10. Training N otification of schools, training, and career developm ent courses which the D epartm ent determ ines appropriate will be m ade available to all bargaining unit m em bers in sufficient tim e for officers to m ake application for attendance. O fficers who desire to attend will com plete the departm ental training request form and subm it it to their supervisor. The departm ent will select officers for attendance using these criteria: (a) Ability of the officer as shown in perform ance evaluation. (b) The officer's duties and assignm ents (past, present and future). (c) Seniority in the departm ent. (d) The officer's dem onstrated interest. (e) Available personnel and staffing needs of the D epartm ent. (f) The am ount of prior training received. Attachment number 1 \nPage 19 Item # 8 Page 16 All tim e spent in training which has been duly authorized by the D epartm ent shall be com pensated as hours worked unless (1) attendance at the training is voluntary and (2) the training occurs outside the em ployee’s regular work hours and (3) the em ployee perform s no productive work and (4) the training is not directly related to the actual perform ance of the em ployee’s present assignm ent. Em ployees assigned to training m ust receive approval from their im m ediate supervisor prior to perform ing any additional work outside of the actual tim e spent in training while on the training assignm ent. All such work hours when duly authorized shall be paid in accordance with the provisions of the Fair Labor Standards Act. Section 11. Personnel Records It shall be the right of any m em ber of the bargaining unit at reasonable tim es to inspect his/her personnel file, and at his/her expense to m ake copies of such personnel file or portions thereof. W hen a personnel record of a m em ber of the bargaining unit is furnished to the public pursuant to a request therefor, such inform ation shall be released in accordance with Florida Statutes governing public records. The em ployee shall be notified as soon as possible whenever his/her Internal Affairs, Police D epartm ent, or H um an Resources D epartm ent file is accessed by som eone other than the em ployee. If the em ployee is absent from duty, his/her im m ediate supervisor shall be notified and shall attem pt to contact the em ployee, and if unsuccessful shall inform the em ployee upon his/her return to work. Section 12. Residency Requirements Except as provided by D epartm ent G eneral O rders, any existing em ployees who m ove to a different residence and all new hires as a condition of em ploym ent shall establish and m aintain their bona fide, perm anent residence within the following geographical boundaries: Pasco County, Pinellas County and H illsborough County from the western boundary eastward to Interstate 75. W hen response tim es are an operational factor in special duty assignm ents, the Police Chief m ay consider residency location in selecting personnel to such special duty assignm ents. Em ployees m ay request special perm ission from the Chief of Police to reside outside the specified area. Violation of this provision shall be just cause for discipline. Section 13. Tobacco Product Usage Sworn em ployees in the bargaining unit hired on or after D ecem ber 15, 1986, are prohibited from sm oking or chewing any form of tobacco product, both on and off the job during their em ploym ent with the City. Police Service Technicians hired on or after O ctober 1, 1991, are prohibited from sm oking or chewing any form of tobacco product, both on and off the job during their em ploym ent with the City. In addition to the above, effective O ctober 1, 2009 all bargaining unit m em bers will com ply with the City’s Tobacco Product Usage Policy. Violation of this provision shall be grounds for discipline. Attachment number 1 \nPage 20 Item # 8 Page 17 Section 14. Seat Belts and Safety Gear All em ployees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. Em ployees are further responsible for attem pting to secure com pliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. W henever an em ployee is furnished with City safety gear, he/she shall wear it whenever he/she is on duty. An em ployee who has requested personal body arm or (bullet resistant vest) either as original issue for new hires or as a replacem ent due to wear shall not be placed on patrol duties or hazardous assignm ents until such equipm ent has been issued. Section 15. Off-Duty Concealed Weapons An off-duty officer shall have the right to carry on or about his/her person a concealed weapon, provided that such officer has m et departm ental qualification standard for the firearm , that such firearm has been duly approved by the D epartm ent, and that such firearm is periodically inspected by the D epartm ent or other qualified arm orer if such firearm is not issued by the D epartm ent. This weapon m ay only be used to perform law enforcem ent functions. Any officer wishing to carry an off-duty firearm for which the D epartm ent arm orer is unqualified to perform m aintenance will be authorized to carry the firearm provided that the firearm is otherwise approved and that the officer provides at his/her own expense an annual certification to the D epartm ent that the firearm has been inspected and approved by a qualified arm orer. O nly hand guns of the caliber listed below shall be approved for off-duty use: .380; 9m m ; .38; 357 m agnum ; 10m m ; .40; .41; .44; and .45. O fficers who are tem porarily assigned to D epartm ent approved undercover assignm ents other than full-tim e D etective assignm ents m ay carry their D epartm ent issued firearm or a personally owned “off-duty” firearm provided that the O fficer has m et the D epartm ent’s qualification, inspection, and any other requirem ents for off-duty weapons as defined herein and in accordance with D epartm ent policy. O fficers shall carry only am m unition approved by the D epartm ent arm orer in both their onduty and off-duty firearm s. The D epartm ent will provide am m unition for on-duty use, qualifying, and open range day only for D epartm ent issued firearm s or for D epartm ent authorized off-duty firearm s of the sam e caliber as the D epartm ent issued firearm s only. It will be the officers' own responsibility to provide am m unition for any other approved caliber, including training am m unition. Attachment number 1 \nPage 21 Item # 8 Page 18 Section 16. Physical Examinations, Inoculations, and Fitness A. The City and Union agree that the physical fitness of police officers is of im portance to insure the public of quality police service. Police O fficers are required to undergo an annual physical exam ination as determ ined by the Police Chief. Physical exam inations shall be in accordance with current m edical guidelines that are gender and age specific. The physical exam ination will be perform ed by the em ployee’s Prim ary Care Physician. The cost of the em ployee’s co-paym ent for the physical exam ination will be paid by the City. The em ployee shall schedule the physical exam ination with his/her own Prim ary Care Physician. The em ployee shall provide the D epartm ent a “Fitness for D uty Report” from the Prim ary Care Physician which shall include, but not be lim ited to, the specifics of any heart related condition including preventive care recom m endations. B. In the event that the D epartm ent determ ines that an officer requires an inoculation or im m unization as the result of exposure to a disease or illness in the line of duty, then the sam e im m unization or inoculation will be m ade available to the m em bers of the officer's household. C. Proof of the exam m ust be subm itted prior to the em ployee’s annual perform ance evaluation date. D . Em ployees m ay schedule said physicals while on duty. It is the em ployee's responsibility to ensure that the physical is com pleted, and no em ployee shall be paid for tim e spent taking a physical unless that tim e falls within his/her assigned shift. H owever, evening and night shift em ployees shall be perm itted with the approval of their supervisor to flex tim e within the sam e work week for tim e spent taking the physical. The m axim um am ount of flex tim e perm itted for em ployee physicals shall be two hours per office visit up to a m axim um of two visits unless otherwise authorized in advance by the D epartm ent. E. The City shall provide free access for all bargaining unit m em bers to any City recreational facility. Additional fees for program s conducted at such facilities shall be borne by the em ployee. It is understood by all parties that the decision whether to use such facilities is com pletely voluntary on the part of the bargaining unit m em bers, and tim e spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be com pensable under workers com pensation. Section 17. Outside Employment O utside em ploym ent of bargaining unit m em bers shall be subject to provisions of the City's Civil Service Rules & Regulations and the D epartm ental Rules and Regulations governing outside em ploym ent, provided further however, that police-related “extra-duty” em ploym ent shall be lim ited to a m axim um of 20 hours per week. D uring periods of unusual seasonal dem and, exceptions to the 20-hour m axim um will be considered by the Police Chief or his/her designee, who shall approve or deny such requests in his/her sole and unlim ited discretion. Attachment number 1 \nPage 22 Item # 8 Page 19 The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating m andatory subjects of bargaining related to “extra-duty” em ploym ent and any specific im pact such program m ay have on any existing provisions or item s affected by such program . H owever, item s affecting wages, hours, or term s and conditions of em ploym ent shall be im plem ented only upon the m utual agreem ent of the parties. Section 18 Legal Protection The City agrees to defend any m em ber of the bargaining unit who is sued for dam ages as a result of actions taken in the scope of his/her em ploym ent with the City to the extent provided in Chapters 111 and 768 FS. The em ployee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of O rdinances relating to penal offenses to m em bers of the unit upon request. Section 20. Paycheck Issuance Paychecks shall be available on the sam e day that the paycheck is dated to be issued to em ployees both com ing on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Em ployees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck form at or through direct deposit by electronic transfer, and will not be perm itted to split their pay between the two m edium s. Em ployees m ay elect to change from one paym ent m edium to the other at any tim e provided 14 days written notice is given to the City’s payroll division. Section 21. Master Officer Designation The City and Union agree that this Article m ay be reopened during the period from O ctober 1, 2012 to Septem ber 30, 2015 for the purpose of negotiating m andatory subjects of bargaining related to the developm ent and im plem entation of a M aster O fficer designation only. If this Article is reopened and the parties are unable to reach agreem ent, the existing language shall be m aintained as the status quo, and shall not be subject to the im passe procedure. Attachment number 1 \nPage 23 Item # 8 Page 20 ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be nine (9) paid holidays. They shall be: N ew Year's D ay January 1 M artin Luther King D ay Federal H oliday President's D ay Federal H oliday M em orial D ay Federal H oliday Independence D ay July 4 Labor D ay Federal H oliday Veterans' D ay N ovem ber 11 Thanksgiving D ay 4th Thursday in N ovem ber Christm as D ay D ecem ber 25 The City shall perm it the use of bargaining unit seniority within existing bid practices to determ ine whether an em ployee will work on holidays and reserves the right to determ ine the appropriate level of staffing and the schedule em ployees will observe on the holidays. This applies to all bargaining unit em ployees. If an em ployee is scheduled to work on a holiday, the em ployee’s scheduled shift m ust have the m ajority of hours on the actual scheduled holiday to receive holiday pay. Additional tim e worked im m ediately preceding or following the holiday shift does not determ ine holiday pay. B. In the event that one of the above nam ed holidays occurs during the course of an em ployee's vacation, then the em ployee shall not be charged for the vacation leave. C. In the event that one of the above nam ed holidays occurs while an em ployee is on paid sick leave, the em ployee shall receive holiday pay at his/her straight tim e rate and shall not be charged sick leave pay for that day. In the event the em ployee is on sick leave without pay, or any other form of tim e off without pay, the em ployee shall not be paid for the holiday. D . Em ployees who work eight (8) hours or m ore on Christm as D ay, N ew Year's D ay, Independence D ay, and Thanksgiving D ay shall be paid at a rate of 2-1/2 tim es regular pay. E. An em ployee m ay be required to work all or part of any holiday even though it m ay be his/her regularly scheduled day off. W hen a holiday falls on an officer's regular day off, 8-hour and 10-hour officers are paid eight (8) hours holiday pay. Both types of em ployees have worked 40 hours and are paid 48 hours – a full week plus one (1) holiday. F. Floating H olidays: In addition to the designated holidays above, em ployees shall be entitled to up to four (4) floating holidays as herein provided. N either the holidays listed in paragraph (A) above nor any day for which an em ployee is not scheduled to work m ay be selected as a floating holiday. Attachment number 1 \nPage 24 Item # 8 Page 21 Floating holidays shall be subject to the following requirem ents and conditions: (a) N o em ployee m ay utilize floating holidays until thirty (30) calendar days after his/her em ploym ent. (b) D uring the first year of hire, floating holidays shall be prorated on a quarterly basis in accordance with the following: Date of Hire Floating Holidays Awarded January to the end of M arch 4 April to the end of June 3 July to the end of Septem ber 2 O ctober to the end of D ecem ber 1 (c) Floating holidays m ust be taken in full-day increm ents and m ay not be carried over from one payroll calendar year to another, and if not taken are forfeited except as provided in paragraph (d) below. (d) An em ployee m ay elect to take one or m ore floating holidays for which he/she is eligible (and has not taken or scheduled) as a cash stipend. The em ployee will be paid eight (8) hours for each floating holiday for which the em ployee m akes this election. (e) Floating holidays are scheduled at the m utual convenience of the em ployee and the D epartm ent. G . Pay procedures regarding specific situations as related to holidays follow: NOTE: O fficers cannot take leave tim e (com p tim e, vacation, sick leave, etc.) in lieu of a holiday. An officer norm ally scheduled to work the holiday, m ust take the day as a holiday. If an officer calls in sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5/8 em ployee and 10 hours for the 4/10 em ployee) and shall not be charged sick leave. (a) Procedure when holiday falls on officer's scheduled work day but officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift and ten (10) hours holiday pay for the 4/10 shift. Both types of em ployees are paid for 40 hours --a standard work week m inus one work day plus one day holiday. (b) Procedure when holiday falls on officer's scheduled work day and officer works the day: Em ployees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Em ployee is paid regular hours for hours worked. Attachment number 1 \nPage 25 Item # 8 Page 22 (c) Procedure when holiday falls on officer's scheduled work day and officer works "overtim e" (tim e beyond the norm al daily schedule of officer): Em ployees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Em ployee is paid regular hours for hours worked. W hether the overtim e hours are straight overtim e or prem ium overtim e is determ ined by the total "sweat" hours paid for the work week. There is no extra holiday pay for hours worked over the basic shift. (d) Procedure when holiday falls on officer's scheduled work day and officer takes part of the day off: Em ployees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Em ployee is paid regular hours for hours worked. A Police O fficer who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtim e. (e) Procedure when holiday falls on officer's regular day off, but officer works overtim e: Em ployees on both 5/8 and 4/10 shifts receive eight (8) hours holiday pay. The overtim e hours are turned in as overtim e. W hether the overtim e is straight overtim e or prem ium overtim e is based on the total hours worked in the work week. (f) Procedure when prem ium holiday falls on officer's scheduled work day and em ployee works his/her scheduled day: Em ployee receives 2-1/2 tim es regular pay for all hours worked. (g) Procedure when prem ium holiday falls on officer's scheduled work day and officer works "overtim e" (tim e beyond the norm al daily schedule of the officer): Em ployees receives 2-1/2 tim es regular pay for all hours worked. (h) Procedure when prem ium holiday falls on officer's scheduled work day but officer takes part of the day off: If the em ployee works eight (8) hours or m ore, all hours worked are paid at 2-1/2 tim es regular pay. If the em ployee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. (i) Procedure when prem ium holiday falls on officer's regular day off but officer works overtim e for a special detail: If the em ployee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate of pay as determ ined by overtim e calculations. (If the em ployee works eight (8) hours or m ore, all hours worked are paid at 2-1/2 tim es regular pay.) NOTE: In case of a prem ium holiday, the 2-1/2 tim es regular pay rate does not apply unless the em ployee works eight (8) hours or m ore on the holiday. Attachment number 1 \nPage 26 Item # 8 Page 23 Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be accrued on a bi-weekly basis and will be pro-rated according to hours in a paid status for all full-tim e em ployees in accordance with the num ber of com pleted years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 -2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 -10 4.923 128 11 5.231 136 12 5.538 144 13 -14 5.846 152 15 – 19 6.154 160 20 & O ver 6.462 168 2. The vacation year shall be the calendar year. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Police D epartm ent Regulations. 2. If service requirem ents perm it and with the approval of the D epartm ent, an em ployee m ay use his/her accrued vacation in increm ents of tenths of an hour. 3. All bargaining unit em ployees are entitled to use at least two (2) weeks of accrued vacation leave per year. 4. The borrowing of vacation tim e prior to its accrual is prohibited. 5. There is no advancing of vacation pay. 6. An em ployee m ust be em ployed for six (6) m onths prior to requesting the use of vacation leave. 7. Com pensatory tim e off m ay be taken in conjunction with a regular vacation if authorized. Attachment number 1 \nPage 27 Item # 8 Page 24 C. M axim um Accrual of Vacation Leave The m axim um am ount of vacation leave that m ay be accum ulated is 240 hours. D . Paym ent and Accrual D uring M ilitary Leave 1. An em ployee granted an extended m ilitary leave of absence for active duty in accordance with the City’s Em ergency M ilitary Leave Supplem entary Com pensation Policy shall be paid all accrued leave upon the em ployee’s request when the em ployee begins the extended m ilitary leave. 2. An em ployee returning from an extended m ilitary leave of absence shall accrue vacation leave for the period of m ilitary service not to exceed 240 hours. E. Conversion to Sick Leave or Funeral Leave D uring Vacation Leave 1. The em ployee m ay request that vacation leave be changed to sick leave if the em ployee or m em ber of the em ployee’s im m ediate fam ily becom es ill for m ore than three (3) consecutive days, while the em ployee is on vacation leave. 2. The em ployee m ay request that vacation leave be changed to funeral leave provided the request is consistent with Funeral Leave provisions of this Agreem ent. F. Paym ent of Unused Vacation Leave Paym ent of unused vacation leave will be paid upon voluntary separation of the em ployee up to a m axim um of 240 hours, provided the em ployee was not dism issed for cause and has m ore than one year of continuous service. Paym ent will be m ade at the base rate exclusive of any prem ium pay or shift assignm ent pay. Section 3. Sick Leave For payroll purposes, a payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the last pay period for the last pay check in the calendar year. A. Sick Leave Accrual Em ployees shall accrue sick leave each payroll period based on hours in a paid status. Em ployees shall accrue 3.693 hours of sick leave on a biweekly basis. (i.e., An em ployee on a forty-hour work week earns twelve (12) days per calendar year.) B. Sick Leave Accrual Caps Em ployees m ay accum ulate up to 1560 accrued hours. Attachment number 1 \nPage 28 Item # 8 Page 25 C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an em ployee recalled from layoff or returned from a leave of absence. 2. Sick leave balances rem ain the sam e upon transfer to another departm ent or classification. 3. Sick leave balances are converted to equivalent days if an em ployee changes to a different hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour work week, and vice versa.) 4. N o sick leave balances are restored after a break in service. D . Calculation for Use of Sick Leave Sick leave m ay be authorized in increm ents of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the em ployee’s discretion. It shall be authorized only for absences: 1. D ue to personal illness or physical incapacity. 2. D ue to exposure to contagious disease in which the health of others would be endangered by the em ployee’s attendance on duty. 3. D ue to dental appointm ents, physical exam inations, or other personal or fam ily sickness prevention m easures. 4. D ue to illness of a m em ber of the em ployee’s im m ediate fam ily which requires the em ployee’s personal care and attention. “Im m ediate fam ily” shall m ean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the em ployee and the “im m ediate fam ily” of the em ployee’s spouse, or other perm anent m em ber of the “im m ediate household” living together as fam ily. F. Authorization of Sick Leave 1. An em ployee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting tim e; the specific reason, and where (phone num ber and address) the em ployee will be while on sick leave. This address and phone num ber will be updated whenever the address or phone num ber changes during the period of sick leave. 2. Failure to do so m ay be the cause for denial of sick leave and other disciplinary action. Attachment number 1 \nPage 29 Item # 8 Page 26 G . Paym ent for Unused Sick Leave Upon separation from the City service, an em ployee shall be paid for one-half (1/2) of his/her accum ulated unused sick leave up to 1560 hours, provided: 1. That the rate of paym ent shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the em ployee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the em ployee is on a work schedule other than forty (40) hours per week. The em ployee m ay request that one-half (1/2) the paym ent for unused sick leave be m ade at separation and one-half (1/2) the paym ent be m ade in the first payroll period in the next calendar year. 2. The em ployee if sworn has had at least twenty (20) years of continuous service with the City; or if not sworn retires on City Pension, is involuntarily separated (including disability or layoff), or retires under Federal Social Security with a m inim um of five years service. Leaves of absence without pay, suspensions, and layoffs followed by subsequent re-em ploym ent shall not be considered as breaks in service. The length of such tim e off or layoff shall be deducted from the total length of service. M ilitary leaves and leaves during which the em ployees are receiving W orkers’ Com pensation shall not be deducted from continuous service. 3. That the separation is involuntary on the part of the em ployee, including disability (incurred on or off the job) and layoffs. 4. The em ployee’s estate shall receive paym ent if an em ployee dies. 5. An em ployee who has been dism issed for cause shall have no claim for sick leave paym ent. H . Injury From O ther Em ploym ent An em ployee m ay not utilize accum ulated sick leave for absences resulting from an injury arising out of and in the course of em ploym ent other than City em ploym ent for which m onetary or other valuable consideration is received or expected. Any em ployee who utilizes accum ulated sick leave or who attem pts to utilize accum ulated sick leave for absences resulting from an injury arising out of and in the course of em ploym ent other than City em ploym ent m ay be suspended or term inated. I. Use of Leave After Accrual Em ployees m ay be authorized to use sick leave after it is accrued. The em ployee m ay be required to subm it acceptable evidence such as a m edical certificate from a m edical doctor to substantiate the reason for requesting sick leave. Attachment number 1 \nPage 30 Item # 8 Page 27 J. Bonus Leave D ays Following a payroll calendar year that a bargaining unit em ployee uses no sick leave, or less than two days of sick leave, the em ployee will be awarded Bonus Leave D ays in accordance with the following chart. Bonus Leave D ays m ust be used before the end of the payroll calendar year for which they are awarded. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight or Ten-H our Shifts Zero Tim e 2 Eight or Ten H our Shifts M ore than zero tim e but less than 2 days 1 Com bination of Eight and Ten H our Shifts M ore than zero tim e but less than 2 days com bined as: · 2 Eight-hour days · 2 Ten-hour days · 1 Ten-hour day and 1 Eight-hour day 1 1. Bonus Leave D ays m ust be used in full day increm ents. 2. Bonus Leave D ays are not included in overtim e calculations. 3. At the end of each payroll calendar year, em ployees m ay elect to be paid the cash equivalent based upon the em ployee’s current base rate of pay for any Bonus Leave D ays not used during the payroll calendar year. 4. Upon an em ployee’s separation from the City, the em ployee will receive a lum p sum paym ent for his/her rem aining Bonus Leave D ay balance. Section 4. Leave Pool A joint leave pool will be established by m em bers of the Fraternal O rder of Police Lodge N o. 10 and Fraternal O rder of Police Supervisors' bargaining units, such leave pool to be available for use by m em bers of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit m em bers who face significant tim e off without pay due to a serious illness or injury, whether job-connected or non-jobconnected, or serious illness or injury to a fam ily m em ber covered under the sick leave policy. The leave pool m ay not be used for short tim e periods where an em ployee m ay be without pay. Short tim e shall be defined as less than thirty (30) calendar days. Attachment number 1 \nPage 31 Item # 8 Page 28 B. A com m ittee shall be form ed and the com m ittee shall determ ine use of the leave pool days, subject to the above purpose and lim itations. 1. The com m ittee shall consist of two (2) m em bers designated by each bargaining unit, and one m em ber designated by the other four m em bers. 2. The com m ittee shall review em ployee needs and circum stances consistent with the provisions of the leave pool and shall determ ine eligibility for and the am ount of pool leave tim e that m ay be provided to em ployees. The com m ittee m ay establish procedures, form s, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. 3. The com m ittee's decisions are final and are not grievable. An em ployee m ay ask for reconsideration by the com m ittee in accordance with rules established by the com m ittee. C. Bargaining unit m em bers m ay donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one tim e per year. 1. N o em ployee shall be perm itted to donate m ore than four (4) days of leave per year to the pool. In the event that the num ber of days in the leave pool becom es less than fifty leave days, the com m ittee m ay open up the opportunity for additional donations to be m ade during the calendar year. The 4-day donation lim it shall not be m odified. 2. All donations of pool leave tim e m ust be in full-day increm ents based on the em ployee's fulltim e, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). 3. D onations of pool leave tim e are irrevocable. 4. N o dollar value shall be placed on leave donations. All donations and all authorized usage shall be com puted as day for day. D . In order to be eligible to receive leave tim e from the joint leave pool, em ployees m ust have donated a m inim um of one (1) day to the joint leave pool within the past twelve m onths prior to m aking application for leave from the pool. N ewly hired em ployees shall be exem pted from the requirem ent to donate a m inim um of one day to the leave pool prior to requesting tim e from the leave pool for a period of one (1) year from the date of their em ploym ent with the City. E. W hen pool leave tim e is authorized by the com m ittee for use by an em ployee, it shall be on a dayfor-day basis, irrespective of whether the em ployee works an eight-hour or ten-hour shift. An em ployee using leave pool tim e 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 assignm ent pay, etc.). Pool leave tim e granted shall be lim ited to 60 days in any 12 m onth period for each pool leave tim e recipient, except that requests from the Union for tim e in excess of the 60 days to be granted from the leave pool to a recipient m ay be approved at the sole discretion of the City M anager/designee. Attachment number 1 \nPage 32 Item # 8 Page 29 F. Pool leave tim e not used in a given year by the em ployee receiving the donated pool leave tim e shall be returned to the leave pool and carried over to the next year. N o donated pool leave tim e will be refunded to the donor. Section 5. Funeral Leave Each em ployee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick leave tim e in the event of death in the "im m ediate fam ily." D eath in the "im m ediate" fam ily shall be defined as a death of a spouse, child, stepchild, m other, stepm other, father, stepfather, grandfather, grandm other, grandchild, brother or sister of the em ployee or the em ployee's spouse. Additional funeral leave for a death in the im m ediate fam ily m ay be granted with the approval of the Police Chief. Each em ployee shall be allowed up to two (2) consecutive work days at any one tim e for a death of a m em ber of the "close" fam ily chargeable to sick leave. "Close" fam ily shall be defined as the following fam ily m em bers: stepbrothers; stepsisters; brother's wife; sister's husband or other m em ber of the em ployee’s im m ediate household. Additional tim e, chargeable to sick leave, m ay be granted with the approval of the Police Chief. An em ployee m ust attend the funeral in order to receive pay for a death in the fam ily. Section 6. Military Leave Any regular or probationary em ployee in the classified service being inducted or otherwise entering the arm ed forces of the United States in tim e of war, or pursuant to the Selective Service Act of 1948 as am ended, or of any other law of the United States, shall be granted m ilitary leave of absence without pay for the period of the m ilitary service required of him /her, and on com pletion thereof be reinstated in the City service in accordance with the following regulations: A. M ilitary leaves shall be granted in accordance with the provisions herein except where said provisions m ay be superseded by Federal Law: 1. For inductees, the m inim um period of tim e required to be served. 2. For enlistees in tim e of war, the period of the first m inim um enlistm ent, or for such additional period of tim e required to be served. 3. For reservists, the m inim um period of tim e required to be served. Attachment number 1 \nPage 33 Item # 8 Page 30 B. For the purposes of this Section, "arm ed forces" shall be defined to include: 1. The Arm y, N avy, M arine Corps, Air Force and Coast G uard. 2. The auxiliary services directly necessary to and actually associated with the arm ed forces of the United States, as m ay be determ ined by the City. C. Application for reinstatem ent m ust be m ade within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not m ore than one year. Such application shall be in writing to the H um an Resources D irector and shall be accom panied by evidence of honorable discharge or release. D . Upon return from m ilitary leave, the em ployee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her form er position, the em ployee shall be restored to position or to a position of like seniority, status and pay; or 2. If not qualified to perform the duties of his/her form er position by reason of disability sustained during such service but qualified to perform the duties of any other position in the em ploy of the City, the em ployee shall be restored to such other position, the duties of which the em ployee is qualified to perform , as will provide the em ployee with like seniority, status and pay, or the nearest approxim ation thereof consistent with the circum stances in his/her case. 3. In the event no vacancy exists in the appropriate class and there is an em ployee in such class serving a probationary period who has not acquired regular status, then such probationary em ployee shall be laid off and the returning em ployee reinstated. 4. If a returning em ployee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the em ployee having been em ployed in the appropriate class for the shortest period of tim e shall be laid off and the returning em ployee reinstated. 5. A returning em ployee shall have the sam e status as prior to the beginning of his/her m ilitary leave. The em ployee shall be allowed to take any subsequently adm inistered exam ination for prom otion after return that he/she would have been eligible to take had he/she not been on m ilitary leave, and shall be required to com plete any uncom pleted period of probation. N o grievance shall be filed or processed by any other em ployee or the Union in connection with this paragraph. Attachment number 1 \nPage 34 Item # 8 Page 31 6. The em ployee shall subm it to such m edical and/or physical exam inations as the City M anager shall deem necessary to determ ine whether or not such m ilitary service has in any way incapacitated him /her for the work in question; provided however, that as far as practicable any em ployee returning with disabilities shall be placed in such em ploym ent as the City M anager shall deem suitable under the circum stances. 7. Any regular or probationary em ployee receiving a dishonorable discharge from the arm ed forces shall not be reinstated to any position in the City service. E. An em ployee granted a m ilitary leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had rem ained on duty including cum ulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of em ploym ent to the sam e extent as if the em ployee had not been absent on such leave. F. An em ployee returning from m ilitary service shall be reinstated to active City service at the earliest possible date following application for such reinstatem ent, consistent with the best interests of the City service and taking into consideration necessary adjustm ents of staff. H owever, in no event shall this period be m ore than thirty (30) calendar days. The City shall have the right as part of directing the em ployee's duties upon returning to work, to assign the em ployee to such training as is necessary in its judgm ent to ensure the em ployee's fam iliarity with job duties and knowledge. G . For pre-induction physical exam ination when so ordered by a Selective Service Board, tim e off shall be granted for the m inim um period necessary to com ply with such order, but shall in no case exceed two (2) regularly scheduled work days. H . For required active or inactive training duty as a m em ber of a Reserve Com ponent or the N ational G uard falling on the em ployee's regularly scheduled work days, the em ployee shall be allowed up to a m axim um of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for required m ilitary reserve training in excess of 240 hours per calendar year or for any non-required m ilitary reserve training for which the em ployee initially volunteered shall not be com pensated for by the City. A copy of the em ployee's m ilitary orders certifying his/her training assignm ent shall be subm itted by the em ployee to the Police Chief im m ediately upon receipt by the em ployee. An em ployee who is required to attend m ilitary duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted tim e off without pay. The em ployee shall be required to provide tim ely notice of such training assignm ents to the City. Failure to provide tim ely notice of an em ployee's m ilitary orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. Attachment number 1 \nPage 35 Item # 8 Page 32 Section 7. Time Off A. An em ployee shall be granted necessary tim e off from his/her duties with pay for any of the following reasons: 1. For participation in Police prom otional exam inations held by the City or other exam inations required by the City when such tim e off does not, in the judgm ent of the Police Chief, interfere with or im pair the operations of the D epartm ent. 2. For serving on a jury. The em ployee m ay be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. W hen directed by the City M anager or Police Chief to attend professional or other conventions, institutes, courses, or m eetings. Em ployees who wish to voluntarily attend career developm ent training m ay be granted tim e off from duty with pay to attend such training, however com pensation for such training shall be lim ited to the actual tim e spent in training up to the num ber of hours in the em ployee’s standard workweek. Em ployees shall be com pensated in accordance with provisions of the Fair Labor Standards Act for tim e spent in training beyond the num ber of hours in the em ployee’s standard workweek when such tim e has been duly authorized in advance by the D epartm ent. 4. W hen directed by the City M anager or Police Chief to attend in-service training or other inservice m eetings, including authorized safety m eetings. B. An em ployee m ay be granted tim e off without com pensation for attendance at m eetings other than those specified above or to attend to urgent personal business, provided that such em ployee shall request approval from the Police Chief in sufficient tim e to perm it the Police Chief to m ake arrangem ents therefor, and further provided that such tim e off will not affect the efficient operation of the departm ent in the sole and unlim ited discretion of the Police Chief or his/her designee. C. W ith the prior approval of the Police Chief or his/her designee, and when the em ployee is acting in an official capacity on behalf of the City, an em ployee m ay be granted tim e off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, of em ployees or their wives or husbands, or m ilitary or fraternal funerals. Such tim e off m ay be granted with or without com pensation at the sole and unlim ited discretion of the Police Chief and the City M anager or their designees. For the above occasions only, the D epartm ent shall provide all expenses for up to two designated H onor G uard m em bers, as well as transportation and fuel costs for any other H onor G uard m em bers perm itted to be released from duty in accordance with D epartm ent staffing requirem ents. Attachment number 1 \nPage 36 Item # 8 Page 33 Section 8. Leave Without Pay A. A regular em ployee m ay on written application therefor, be granted a leave of absence without pay upon the prior approval of the City M anager or his/her designee for any of the following reasons: 1. The physical or m ental disability of the em ployee. 2. The em ployee has announced his/her candidacy for public office. 3. The em ployee is entering upon a course of training or study for the purpose of im proving the quality of service to the City and/or of fitting him self/herself for prom otion in the classified service. 4. Extraordinary reasons, sufficient in the opinion of the City M anager to warrant such leave of absence. 5. M aternity/child care leave in accordance with the City’s Fam ily and M edical Leave Act Policy to enable a parent to care for a newborn, newly adopted or seriously ill child, provided however that if both parents are em ployees of the City, only one parent at a tim e m ay take m aternity/child care leave. An em ployee m ay request to utilize vacation, holiday, and com p tim e to continue pay status in accordance with current federal or state guidelines on fam ily m edical leave. B. Leave for any of the above reasons shall be subject to the following regulations: 1. Such leave shall not be granted for m ore than six (6) m onths but m ay under the provisions of paragraphs above be renewed upon written application therefor by the em ployee and approved by the City M anager. 2. An em ployee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her form er position on the expiration of the leave, or if requested in writing by the em ployee and approved by the City M anager, before the expiration thereof. 3. In the event that it is determ ined by the City M anager that it would not be in the best interest of the City to restore such em ployee to his/her form er position or in the event that the form er position has been abolished in the m eantim e, the em ployee shall be placed at the head of the re-em ploym ent list for the class or position nearest approxim ating that in which he/she was em ployed im m ediately prior to such leave, provided he/she is physically and m entally qualified for such position. Should the nam es of two or m ore em ployees returning from leave be placed on the sam e re-em ploym ent list, the nam es shall be arranged in order of City seniority. Tim e off with com pensation taken under any of the provisions of this Agreem ent (including vacation and sick leave) shall not be required to be m ade up. Attachment number 1 \nPage 37 Item # 8 Page 34 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. Pay schedule increases are not autom atic but are m anagem ent review rates and m ay be granted only upon receiving a rating of satisfactory or better on the annual perform ance review. Eligibility for review for within pay schedule increases shall be as follows: Police O fficers Step 1 – O riginal appointm ent Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Step 9 – At the end of one year of satisfactory service in step 8. Step 10 – At the end of one year of satisfactory service in step 9. Step 11 – At the end of one year of satisfactory service in step 10. Step 12 – At the end of one year of satisfactory service in step 11. Police Service Technicians and Police Service Technician Supervisors Step 1 – O riginal appointm ent Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of two years of satisfactory service in step 6. Step 8 – At the end of two years of satisfactory service in step 7. Step 9 – At the end of two years of satisfactory service in step 8. Step 10 – At the end of two years of satisfactory service in step 9. Step 11 – At the end of two years of satisfactory service in step 10. Step 12 – At the end of two years of satisfactory service in step 11. Step pay increases shall provide for approxim ately a 5% increase over the preceding step for each step advancem ent from Step 1 through Step 6 and approxim ately a 2 ½ % increase for each step advancem ent from Step 7 through Step 12. Attachment number 1 \nPage 38 Item # 8 Page 35 Em ployees who receive an evaluation rating of less than satisfactory shall not be granted a m erit step advancem ent on their prom otional anniversary date. Such em ployees m ay be reevaluated after three m onths, and if then rated satisfactory shall be granted a m erit step advancem ent as of the date of the three m onth follow-up review. Such effective date shall be thereafter utilized for the purpose of determ ining eligibility for subsequent annual m erit reviews. If the three m onth follow-up rating is still less than satisfactory, the em ployee shall be reevaluated in another three m onths, and if then rated satisfactory shall be granted a m erit step advancem ent as of the date of the second three-m onth follow-up review. Such effective date shall thereafter be utilized for the purpose of determ ining eligibility for subsequent annual m erit reviews. If the second three m onth follow-up review rating is still less than satisfactory, no m erit step advancem ent shall be granted and the em ployee shall be evaluated again on his/her prior m erit review date. B. Effective for the period from O ctober 1, 2012 through Septem ber 30, 2013, pay range m inim um s and m axim um s shall not be adjusted and em ployees shall not receive a general wage increase. Effective for the period from O ctober 1, 2012 through Septem ber 30, 2013, em ployees shall be advance in Step as provided for in Section 1 of this Article. Em ployee’s who are allocated to Step 12 and Police O fficers who are fixed in Step in accordance with the provisions of Paragraph C. of this Section below, and who are rated M eets Standards on their annual perform ance evaluation during the period from O ctober 1, 2012 through Septem ber 30, 2013 shall receive a lum p sum bonus equivalent to two-and-one-half percent (2.5% ) tim es their annual base rate of pay to be effective as of the date of the annual perform ance evaluation. Effective for the beginning of the payroll period that includes O ctober 1, 2013, pay ranges for all classifications shall be adjusted by 2.5% and the City shall provide a 2.5% general wage increase for all em ployees. Effective for the period from O ctober 1, 2013 through Septem ber 30, 2014, em ployees shall not be advanced in Step as provided for in Section 1 of this Article. The tim e period from O ctober 1, 2013 through Septem ber 30, 2014 shall not be counted toward any future Step advancem ent. Effective for the period from O ctober 1, 2014 through Septem ber 30, 2015, pay range m inim um s and m axim um s shall not be adjusted and em ployees shall not receive a general wage increase. Effective for the period from O ctober 1, 2014 through Septem ber 30, 2015, em ployees shall be advanced in Step as provided for in Section 1 of this Article. Em ployee’s who are allocated to Step 12 and Police O fficers who are fixed in Step in accordance with the provisions of Paragraph C. of this Section below, and who are rated M eets Standards on their annual perform ance evaluation during the period from O ctober 1, 2014 through Septem ber 30, 2015, shall receive a lum p sum bonus equivalent to two-and-one-half percent (2.5% ) tim es their annual base rate of pay to be effective as of the date of the annual perform ance evaluation. Tim e counted toward step advancem ent shall com m ence from the date of the respective em ployee’s last Step advancem ent, shall exclude the period from O ctober 1, 2013 through Septem ber 30, 2014, and shall resum e O ctober 1, 2014. Any further step advancem ents after Septem ber 30, 2015 will be dependant upon and subject to negotiations in any successor Agreem ent. Attachment number 1 \nPage 39 Item # 8 Page 36 The City agrees that for the period from O ctober 1, 2012 through Septem ber 30, 2015, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal O rder of Police Clearwater O fficer’s bargaining unit. This agreem ent does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit m em ber by an outside source. C. Lateral Entry for N ew Hire Police O fficers: N ewly hired Police O fficers shall be perm itted to enter the established pay range at a step or m ore than one step above the first step based on acceptable experience as a Police O fficer at another agency deem ed creditable by the D epartm ent. Such O fficers shall be advanced upon hire one step in the established pay range for each two years of verifiable experience at a prior agency up to a m axim um lateral entry of step three. Such O fficers shall rem ain fixed at the lateral entry step until such tim e has passed as is prescribed for advancing from step one to the lateral entry step num ber in accordance with the schedule established in paragraph A of this Section, and shall thereafter continue to be advanced through the steps in accordance with said schedule. For exam ple, an O fficer with six years of creditable, verifiable experience at a prior agency would be perm itted to enter the established pay range at step three. Such O fficer would rem ain fixed at step three for three years, and would then progress though the range thereafter in accordance with the established schedule. All lateral entry O fficers would continue to be eligible to receive negotiated general wage increases while fixed in step. Section 2. Overtime Pay A. N o em ployee shall be sent hom e prior to the end of his/her regularly scheduled shift for the purpose of denying overtim e pay; nor shall any em ployee have his/her work schedule altered in an arbitrary or capricious m anner. B. If a regularly scheduled work day is to be canceled, the em ployee m ust be notified by the end of his/her tour of duty im m ediately preceding the scheduled work day to be canceled. N o regularly scheduled work day will be canceled for the sole purpose of avoiding overtim e pay. C. Em ployees shall be paid for all hours actually worked. The City shall pay overtim e at the rate of tim e-and-one-half for all hours actually worked in excess of 40 hours in any one work week. H ours for which an em ployee is paid as a result of holidays, sick tim e, vacation and sim ilar periods of nonproductive tim e shall not be considered as tim e worked for the purpose of com puting overtim e pay, except as otherwise provided in this Agreem ent. D . The work week shall be from Saturday through the following Friday. All hours for shifts that begin on one work day and end on the next work day shall be counted on the work day where the m ajority of the hours for the shift fall. W hen shift hours are evenly split between two work days, all hours for the shift shall be counted on the work day the shift begins. E. An em ployee m ay be required to work overtim e if, in the sole and unlim ited discretion of the Police Chief or his/her designee, the em ployee’s services are deem ed necessary. Attachment number 1 \nPage 40 Item # 8 Page 37 Section 3. Compensatory Time Allowance Em ployees will be provided the opportunity to request to be granted com pensatory tim e, in lieu of overtim e paym ent, up to a m axim um cum ulative accrual of 120 hours of com pensatory tim e. At no tim e m ay an em ployee's total accrual of com pensatory tim e exceed 120 hours. Com pensatory tim e accrual will be at tim e and one half for each hour selected in lieu of prem ium overtim e paym ent. Requests to use com pensatory tim e shall be m ade to the appropriate Police Captain or other m anagerial em ployee. Com pensatory hours off shall be considered as hours worked in com puting overtim e under this Article. Paym ent for com pensatory hours will be m ade for all tim e exceeding the 120 hour lim it, or for any hours when requested in writing by an em ployee. Em ployees shall be paid for all com pensatory tim e at separation from City service. Section 4. Shift Differential A bargaining unit m em ber shall be entitled to shift differential pay as set forth in this Section. A. For purposes of com puting shift differential pay the following shift series and paym ents are established: Shift Series N o. H ours Paym ent Per 14-D ay Period 100 2400-0700 7% 200 0700-1600 0% 300 1600-2400 5% The paym ents shall be com puted as a percentage of the em ployee's base pay, including his/her m erit and longevity step. B. An officer's shift differential shall be determ ined by the shift series into which the m ajority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending tim e of the officer's shift. Tem porary shift or duty assignm ents of less than twenty eight (28) calendar days shall not entitle an officer to shift differential pay. Em ployees in the bargaining unit assigned for initial or rem edial training under the FTO program shall not be entitled to shift differential pay. C. Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid tim e off. Section 5. Standby Pay An em ployee assigned to standby will receive a flat fee of: $15.00 per night, M onday through Friday $30.00 for Saturday $30.00 for Sunday O nly the Police Chief or his/her designee m ay place an em ployee on standby. This Section will also apply to all Telephone Alert situations. Attachment number 1 \nPage 41 Item # 8 Page 38 Section 6. Recall Pay Any em ployee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or com pensation day, or m ore than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a m inim um of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an em ployee to perform needed work after the em ployee’s regular shift ends and the em ployee has already left the job or on a weekend, holiday, or other equivalent period during which the em ployee would not otherwise have worked and shall include any duty, detail, or response to a lawful order for which the em ployee can be disciplined for his/her failure to com ply. This specifically excludes court appearances. Police O fficers will be paid for the actual tim e worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtim e. Any em ployee recalled while on vacation shall be paid at tim e and one-half for all hours worked in lieu of the rescinded vacation tim e. An em ployee’s vacation balance will not be charged for any tim e actually worked. Section 7. Acting Pay If a Police O fficer or Police Service Technician serves in a higher capacity on an acting basis for m ore than two (2) consecutive com plete payroll calendar work weeks (Saturday through Friday), said em ployee shall receive acting pay retroactive to the date the assignm ent began. W hen a Corporal serves in an acting capacity as a Sergeant for m ore than two consecutive com plete payroll calendar work weeks as specified above, Corporal Job Assignm ent Pay shall cease and Acting Pay shall begin. Acting pay is five percent (5% ) above the em ployee's base salary. Section 8. Job Assignment Pay A. Police O fficers who are assigned to the O ffice of the Chief, Crim inal Investigations D ivision, Support Services D ivision, Corporal, or the Field Training and Evaluation Program shall be provided 5% above the em ployee’s current base rate of pay. B. Police O fficers who are assigned as Crim e Scene Photographer, M obile Com m and Center operator, Sex Crim e Investigator, or Traffic H om icide Investigator, shall be provided with the following am ounts in addition to the em ployee’s current base rate of pay: O ctober 1, 2012 through Septem ber 30, 2015 – $25 per payroll period. Police O fficers who are assigned to Com m unity Policing Squads, SW AT Team , Traffic Section, Canine O fficer or School Resource O fficer shall be provided with the following am ounts in addition to the em ployee’s current base rate of pay: O ctober 1, 2012 through Septem ber 30, 2015 – $40 per payroll period. Police Service Technicians who are assigned outside of the Telephone Reporting Unit for m ore than ten consecutive work days shall be provided with the following am ounts in addition to the em ployee’s current base rate of pay: October 1, 2012 through September 30, 2015 -$50 per payroll period Attachment number 1 \nPage 42 Item # 8 Page 39 C. An em ployee m ay participate in m ore than one Job Assignm ent but m ay not receive m ore than one Job Assignm ent Pay differential from group (A) above nor m ore than one Job Assignm ent Pay differential from group (B) above, but m ay receive one Job Assignm ent Pay differential from group (A) above in addition to one Job Assignm ent Pay differential from group (B) above. In such case, the em ployee shall receive the am ount of the greater assignm ent pay differential for each category concerned. Bargaining unit m em bers designated as certified Bi-Lingual in accordance with departm ent specifications shall be provided $50.00 per payroll period in addition to the em ployee’s current base rate of pay over and above the assignm ent pay differentials listed above. D . Job assignm ents shall be m ade at the discretion of the Police Chief from a list of interested candidates who have been determ ined to be qualified for such based on criteria developed by the D epartm ent. The num ber and duration of such assignm ents m ay vary and shall be at the discretion of the D epartm ent. Section 9. Canine Officers A. Em ployees covered by this Agreem ent who are assigned as canine officers shall norm ally work for seven hours and fifteen m inutes per work day for five (5) days per week on regular duty with or without their canine(s). O n those regular work days, they shall also be credited with forty-five m inutes work tim e for tim e in the care and handling of their canine(s). This tim e shall be the custom ary and average am ount of tim e spent by a canine officer on a duty day. O n the officers' days off from regular duty, they shall be credited with 30 m inutes of work tim e for tim e in the care and handling of their canine(s). Such tim e shall be based on their regular rate of pay and shall be paid at straight tim e or an overtim e rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and m aintenance are reduced. B. Advance approval shall be required from the appropriate Police Captain or higher level m anager before a canine officer can work any additional overtim e in care and m aintenance activities. C. N o work tim e is to be used by an officer to prepare or train for participation in canine dem onstrations or com petitions, except as scheduled by the D epartm ent in accordance with standard operating procedures established by the D epartm ent and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers m ay be scheduled to attend dem onstrations or com petitions. Tim e involved in dem onstrations or com petitions shall be lim ited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. D ue to the scheduling of dem onstrations or com petitions, hours and/or days of work are subject to adjustm ent to m eet the circum stances at hand. D . Assignm ent and the rem oval of assignm ent as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignm ent as authorized by the Police Chief or his/her designee. E. All D epartm ent Standard O perating Procedures relating to canine use, care, m aintenance, and other aspects of the program as established by the Police Chief shall apply. Attachment number 1 \nPage 43 Item # 8 Page 40 F. Effective O ctober 1, 2012 through Septem ber 30, 2015, an allowance of $125.00 per m onth shall be provided to each canine officer for supplem ental food, m edical groom ing, pest control, and related needs associated with care of the canine. Section 10. Court Attendance and Standby Time Any em ployee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a m atter arising out of the course of his/her em ploym ent shall receive paym ent for the greater of a m inim um of three hours or actual tim e worked if such attendance is during the em ployee's regularly scheduled tim e-off. This provision shall also apply when the em ployee is subpoenaed or otherwise required to appear at the State Attorney's O ffice, Public D efender's O ffice, private attorney's office, or D river License hearing in a crim inal, traffic, or civil case arising from the em ployee's course of em ploym ent. W hen an em ployee is subpoenaed or otherwise required to appear at the State Attorney’s O ffice at the Police D epartm ent during his/her regularly scheduled tim e-off, he/she will receive paym ent for the greater of a m inim um of two hours or actual tim e worked. All tim e paid for any court attendance will count as tim e worked toward the calculation of overtim e. Travel tim e outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or H illsborough counties is not com pensable. Travel tim e outside of required schedule work hours in response to subpoenas outside of Pinellas, Pasco, or H illsborough counties will be paid in accordance with FLSA regulations. In all instances of court appearances scheduled less than three hours prior to an em ployee's tour of duty, the em ployee will be deem ed to have started work at the tim e indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the em ployee will be responsible to inquire of the departm ent designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An em ployee will go on standby status as of the date and tim e required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a m atter arising out of the course of his/her em ploym ent, provided that this is agreeable to the court and to the attorney requesting his/her presence. An em ployee on standby under the provisions of this Section will receive straight tim e pay for each hour spent on standby with a m inim um of three hours pay. The three-hour m inim um does not apply if prior to the end of the three-hour period: 1. The em ployee reports for duty. Standby pay stops at the tim e the em ployee reports for duty. 2. The em ployee is called by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the em ployee is notified and court tim e starts when the em ployee arrives at court. 3. If the em ployee is notified to report to court at a future tim e, the em ployee receives standby pay for the three-hour m inim um or actual tim e in excess of three (3) hours. Court tim e starts at the em ployee’s scheduled appearance tim e (with the exception of being late). Standby tim e shall be excluded from hours worked com putations. Attachment number 1 \nPage 44 Item # 8 Page 41 Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following com pensation to any em ployee injured in the line of duty in accordance with the following definitions, term s and conditions: (a) Line-of-D uty Com pensation shall be payable under this Section only with respect to disability as the result of injury to an em ployee where such injury is incurred in the line of duty. (b) An injury shall be deem ed to have been incurred in the line of duty if and only if such injury is com pensable under the Florida W orkers' Com pensation Law. (c) The am ount of line-of-duty com pensation paid shall be the am ount required to supplem ent funds received from the Florida W orkers' Com pensation Law and any other disability or other incom e plan provided by the City, either by law or by agreem ent, to the point where the sum of the line-of-duty com pensation supplem ent herein provided and all other paym ents herein described equal the em ployee's regular rate of pay at the tim e of the injury. Regular rate of pay for workers' com pensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d) N o line-of-duty com pensation under this Section shall be allowed for the first seven (7) calendar days of disability provided however, that if the injury results in disability of m ore than twenty-one (21) calendar days, line-of-duty com pensation shall be paid from the com m encem ent of the disability. (Changes in workers' com pensation law will m odify this paragraph accordingly.) (e) The term disability as used in this Section m eans incapacity because of the line-of-duty injury to earn in the sam e or any other em ploym ent the wages which the em ployee was receiving at the tim e of the injury. (f) It is the intent of this Section to provide supplem ental com pensation for line of duty injuries only, and this Section shall not be construed to provide com pensation in the event of death or injury incurred in any m anner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on active status. Any tim e taken off for follow-up doctor visits or therapy due to a line-of-duty injury when coordinated through established Risk M anagem ent procedures shall not be charged to the em ployee’s sick leave. In the event of any dispute or disagreem ent concerning the interpretation of this Section, then the decisions concerning definition of the term s of this Section issued under the Florida W orkers' Com pensation Law shall control. Attachment number 1 \nPage 45 Item # 8 Page 42 (g) The City will provide line-of-duty com pensation in the am ount necessary to supplem ent funds received from the Florida W orkers' Com pensation Law in order to equal the em ployee’s regular rate of pay with no charge to the em ployee's accrued paid leave when an em ployee with less than three (3) years of service is injured on the job to the extent that such em ployee m isses scheduled work tim e. Such line-of-duty com pensation shall be provided for a period not to exceed ninety (90) calendar days during the first year of em ploym ent for each specific injury; sixty (60) calendar days during the second year of em ploym ent; and thirty (30) calendar days during the third year of em ploym ent. (h) Line-of-duty injury pay will be provided from the first day of injury for those defined in (g) above; however the am ount paid shall be only that am ount required to supplem ent funds received by the em ployee from the Florida W orkers' Com pensation Law and any other disability or other incom e plans provided by the City, to the point where the sum of all paym ents is equal to the em ployee's regular base pay rate at the tim e of injury. At such tim e as the em ployee receives his/her initial workers' com pensation paym ent, the City shall approxim ate the differential needed to equal the em ployee's base pay and shall provide such line-of-duty injury pay to equal the em ployee's regular base pay rate at the tim e of injury. Any adjustm ent to the City's line-of-duty injury pay under this policy will be m ade following the em ployee's return to work or at the expiration of the period for which line-ofduty injury pay is provided. (i) Line-of-duty injury pay shall not be provided to any em ployee after the third year of em ploym ent. Following the tim e lim its prescribed for the provision of line-of-duty com pensation in paragraph (g) above, em ployees shall be required to utilized accrued paid leave tim e to supplem ent funds received from the Florida W orkers Com pensation Law in order to m aintain a paid status. Em ployees shall be perm itted to utilize accrued paid leave tim e only in the am ount necessary to supplem ent funds received from the Florida W orkers Com pensation Law in order to equal the em ployee’s regular rate of pay at the tim e of the injury. (j) The City shall have the right to require the em ployee to have a physical exam ination by a physician of its choice prior to receiving or continuing to receive com pensation under this Section. (k) Failure to report a line-of-duty injury to the em ployee's im m ediate supervisor or to the Risk M anagem ent D ivision within twenty-four (24) hours of the tim e 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: (1) caused solely by and as a direct result of the em ployee's injuries, or (2) resulted from the occurrence of an event over which the em ployee had no control in the opinion of the City M anager. It shall be the em ployee's responsibility to prove the injury occurred while on duty. Attachment number 1 \nPage 46 Item # 8 Page 43 (l) Any provision of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the term s of the Florida W orkers' Com pensation Law (Chapter 440, Fla. Statutes), the Florida Rules of W orkers' Com pensation Procedure (Fla. R. W ork Com p. P), Florida D epartm ent of Labor and D ivision of W orkers' Com pensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniform Allowance A. The City shall continue to provide the uniform s and equipm ent currently provided by the City, except that the City m ay m ake changes in styles or update equipm ent. B. Police O fficers who work outside the Patrol division and who are not provided the standard issue of uniform s or other clothing by the departm ent shall receive a clothing allowance of $900 each year for Fiscal Years 2012/2013; 2013/2014, and 2014/2015. The clothing allowance shall be paid quarterly to the applicable bargaining unit m em bers who are actually assigned and working on the quarterly dates specified in the D epartm ent’s G eneral O rders. C. The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. D . Persons transferred to plain-clothes duty shall be perm itted to retain at least one uniform . Section 13. Tuition Refund Program M em bers of the bargaining unit shall be entitled to reim bursem ent for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an am ount of $1,500 annually for the period from O ctober 1, 2012 through Septem ber 30, 2015. ARTICLE 10 INSURANCE The City agrees to m eet with the Union and other City of Clearwater union representatives to review the health and life insurance program s for the purpose of reducing the cost of such program s for the City and the em ployees. The City further agrees to provide the Union with such inform ation as would be required to form ulate such a benefit package and to cooperate with the Union to obtain pertinent inform ation from the present carrier and the insurance consultant. Any inform ation received by either party from the consultant or another carrier will be shared with the other party. Attachment number 1 \nPage 47 Item # 8 Page 44 The City agrees that for the calendar year occurring within the first year of the agreem ent, the City shall contribute toward the m edical insurance prem ium s for em ployees and their dependents in the am ount approved for the plans approved by the City Com m ission. The City agrees to m aintain the current Benefits Com m ittee recom m endation process culm inating in final action by the City Com m ission to determ ine m edical insurance prem ium s for em ployees and their dependents for the duration of this Agreem ent. The City further agrees that during the life of the agreem ent, the City will m ake available to em ployees the option of at least one health insurance plan for which the City shall pay 100% of the prem ium for the em ployee only base benefit plan cost, it being understood that such base plan m ay provide a different level of benefit than that which is currently provided. Additional coverage for the fam ily or spouse, as well as any enhancem ents or “buy ups” to the base plan will continue to be paid for by the em ployee. The City agrees to continue to pay the prem ium s for group life insurance valued at a m inim um of $2,500 per em ployee. Effective April 1st, 2007, the City shall no longer perm it any new enrollm ent in the 1% Life Insurance Program . Bargaining unit em ployees who are enrolled as of April 1st, 2007 m ay continue to participate provided they m aintain their participation on a continuous basis thereafter. Any em ployees who currently participate and choose to discontinue their enrollm ent will not be perm itted to re-enroll in this benefit again at a later date. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. N o em ployee who has successfully com pleted his/her initial or extended probationary period shall be dem oted, suspended, or dism issed without just cause. N ew hire em ployees in the initial probationary period have no right of appeal of disciplinary action under this Agreem ent. All discipline will be for just cause and consistent with due process. Em ployees have a right to Union representation at any tim e a m eeting m ay lead to disciplinary action. The City, the Union or the em ployee m ay use any work history m aterial as evidence to support or oppose a suspension or dism issal. Section 2. An em ployee m ay also be issued a non-disciplinary “Em ployee N otice” by his/her D ivision H ead. Prior to an Em ployee N otice being placed in an em ployee's file, the em ployee will have the right to confer with the D ivision H ead regarding the proposed Em ployee N otice. The Em ployee N otice will be retained in the em ployee’s D epartm ent file. At the end of two (2) years, if there is no reoccurrence, the Em ployee N otice will not be used for any future disciplinary action. The Em ployee N otice will be m aintained and/or rem oved in accordance with the State of Florida public records laws. Section 3. Perform ance, behavior m anagem ent, and disciplinary procedures shall be outlined in the Police D epartm ent SO P’s and G eneral O rders. The City and Union agree that any system of discipline or perform ance m anagem ent should be continually reviewed for its effectiveness and m ay be m odified from tim e to tim e to better m eet the needs of the City and its em ployees. Any changes will be consistent with sound personnel practice. The Union will have the opportunity to provide input when changes are being considered by the City. The Union’s refusal to participate in m eetings or to provide input does not alter the City’s right to change the process. The Police D epartm ent and the Union will continue the practice of Labor/M anagem ent m eetings to resolve these types of issues. Attachment number 1 \nPage 48 Item # 8 Page 45 Section 4. The City will continue its current practice of allowing the affected em ployee to give a brief oral statem ent to an accident review board. ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or im pairm ent on the job poses risks to the em ployer, the affected em ployee and coworkers. Section 2. All bargaining unit em ployees will be fully inform ed of the em ployer's for cause drug testing policy before testing is adm inistered. Bargaining unit em ployees will be provided with inform ation concerning the im pact of the use of drugs on job perform ance. Police Captains and other m anagem ent personnel will be trained to recognize the sym ptom s of drug abuse, im pairm ent and intoxication. The City will perm it five em ployees selected by the Union to attend such training class on City tim e. Section 3. Citys Drug and Alcohol Program Policy A. The City’s D rug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be m ade as revisions to laws or regulations of state or federal governm ent or agencies deem perm issible. Union representatives will be furnished with copies of the policies upon such revision. W henever the City or the Union proposes to am end or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed am endm ents or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed am endm ents or changes in accordance with the law and the term s of this agreem ent. B. References to CD L and “safety-sensitive” em ployees and positions shall not apply to F.O .P. bargaining unit m em bers unless required by law. As such, F.O .P. bargaining unit m em bers shall not be subject to the following provisions of the City D rug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Attachment number 1 \nPage 49 Item # 8 Page 46 Section 4. Drug Testing Upon Designated Assignments A. Bargaining unit m em bers shall, when assigned to the Vice & Intelligence Unit, have a drug test adm inistered. Additionally, such bargaining unit m em bers shall have an annual drug screening as part of their annual physical. W hen an em ployee tests positive on the screening test, the sam ple shall be subm itted for a confirm ation test. 1. The drug screening will be perform ed utilizing urine sam ples unless the em ployee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood sam ples shall be drawn or collected at a city-designated facility. 3. All testing shall be done by a laboratory certified by N ID A. 4. The standards listed in the City’s Anti-D rug and Alcohol policies shall be used to determ ine what levels of detected substances shall be considered as positive. B. Assignm ent to Vice & Intelligence or rem oval from sam e shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirm ation findings. C. In the event that a Vice & Intelligence officer is required as a course of his/her em ploym ent to im bibe in alcoholic beverages or ingest secondhand m arijuana, hashish, crack, cocaine sm oke, or sm oke from any other controlled substance within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT The City and the Union agree that prior to retiring, an em ployee m ay use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the em ployee’s date of retirem ent. The em ployee will be considered a regular em ployee for service credit to the pension plan. The City and the em ployee will continue to contribute to the pension plan. D uring the period of “retirem ent advancem ent” the em ployee will not be eligible to receive or accrue any benefits except retirem ent credit. The benefits that will stop include, but are not lim ited to, vacation and sick leave accrual, insurance prem ium paym ents, workers’ com pensation, allowances, reim bursem ents, and special paym ents of any kind. Attachment number 1 \nPage 50 Item # 8 Page 47 ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-tim e City em ploym ent and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreem ent. Em ployees shall not accrue seniority while in their initial probationary period. After successful com pletion of the police officer's initial probationary period, seniority will revert to date of em ploym ent on a full-tim e basis as a Police O fficer and shall be called Police O fficer bargaining unit seniority. It is understood by the parties that for em ployees hired as Police Recruits prior to O ctober 1, 2003, tim e spent in the Police Recruit classification shall also count toward bargaining unit and City seniority. After successful com pletion of the Police Service Technician's initial probationary period, seniority will revert to date of em ploym ent on a regular basis as a Police Service Technician. Such seniority shall be called Police Service Technician bargaining unit seniority. Bargaining unit seniority within each of the aforem entioned bargaining unit seniority groups shall be utilized within the respective groups to determ ine vacation, designated H oliday, and floating holiday selection and as a factor should layoffs be required. N otwithstanding the above, the D epartm ent shall have the right to tem porarily assign Police Service Technicians to work on a shift not consistent with their shift selection where the em ployee has had specific cross-training and a need for tem porary fill-in work in another job area is required (e.g. court liaison). Section 2. N o new em ployees shall be hired in a job classification within the bargaining unit until all em ployees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided that after one (1) year of layoff the em ployee shall cease to accrue seniority, and that such re-em ploym ent rights shall cease after two (2) years from date of the layoff. Section 3. O fficers shall be perm itted to bid shift assignm ents by bargaining unit seniority, but the D epartm ent reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another D ivision requiring retraining are appropriately deployed am ong the shifts, and to ensure that Police O fficers who are still on probation are distributed relatively evenly am ong the shifts. The D epartm ent reserves the right to designate no m ore than four team s as field training (“FTO ”) team s which shall be distributed evenly between the East and W est D istricts. Bargaining unit m em bers who are selected for FTO assignm ents shall be perm itted to bid am ong them selves by bargaining unit seniority for such assignm ents. O fficers on extended leave due to illness or injury shall be required to subm it docum entation from a m edical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the bid process for such shift period. The Chief of Police m ay reassign any officer when such reassignm ent is in the best interest of the Police D epartm ent. Attachment number 1 \nPage 51 Item # 8 Page 48 Section 4. An em ployee shall lose his/her status as an em ployee and his/her seniority if he/she: (a) resigns or quits; (b) is discharged or term inated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within thirty (30) calendar days after being notified to return by certified m ail addressed to his/her last address filed with the H um an Resources D epartm ent except as provided in Section 6 of this Article; (e) has been on layoff for a period of two (2) years; (f) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the D epartm ent, except where the failure to notify and work is due to circum stances verified as being beyond the control of the em ployee and which are acceptable to the City. Section 5. If an em ployee who has already com pleted his/her initial probationary period in a satisfactory m anner is transferred, dem oted, or prom oted within the City to a position not included in the bargaining unit covered by this Agreem ent and is thereafter transferred, dem oted, or prom oted again to a position in the sam e job classification as the job he/she previously held in the bargaining unit, he/she shall not be deem ed to have accum ulated bargaining unit seniority while working the position not within the bargaining unit. Section 6. Recall from layoff will be m ade by certified letter to the last address in the em ployee's record in the H um an Resources D epartm ent. The em ployee m ust, within seven (7) days of the certified receipt date, notify in writing the H um an Resources D irector and the Police Chief of his/her intention of returning to work. Return to work m ust occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as hereinafter provided. W hen offered recall, an em ployee who is tem porarily unable to accept due to personal or m edical reasons, after notifying the D epartm ent of his/her intention of returning, m ay in the sole discretion of the City be granted if necessary up to sixty (60) days leave of absence without pay but without loss of seniority rights to return to em ploym ent. The em ployee m ust request such leave of absence and provide the specific reasons therefor. Section 7. Em ployees who decline recall, or who in the absence of extenuating circum stances acceptable to the City fail to respond as directed within the tim e lim it allowed, shall be presum ed to have resigned and their nam e shall be rem oved from the re-em ploym ent list. Section 8. Em ployees who are recalled m ay be required to pass the City's standard physical exam ination for their particular job classification before returning to work. If unable to pass said exam ination, the em ployee shall not be perm itted to return to work. Such em ployee shall be returned to the re-em ploym ent list until able to pass the exam ination or until expiration of the eligibility period of the list as provided above. Section 9. Em ployees who are required to have specific certifications (i.e., State of Florida certification as police officer) or to possess designated licenses (i.e., driver license) in order to perform their jobs m ust present evidence of such certifications and licenses as a condition of their reem ploym ent and failure to do so shall be cause for denial of their return to work. Attachment number 1 \nPage 52 Item # 8 Page 49 ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION This Agreem ent shall be effective as of the start of the payroll period that includes O ctober 1, 2012, and shall continue in full force and effect until the thirtieth day of Septem ber, 2015. At least one hundred twenty (120) days prior to the term ination of this Agreem ent, either party hereto shall notify the other, in writing, of its intention to m odify, am end or term inate this Agreem ent. Failure to notify the other party of intention to m odify, am end or term inate, as herein above set forth, will autom atically extend the provisions and term s of this Agreem ent for a period of one (1) year, and each year thereafter absent notification. IN W ITN ESS W H EREO F, the parties hereto have hereunder set their hands and seals this day of , A.D ., 2012. ATTEST: CITY O F CLEARW ATER, FLO RID A By Rosem arie Call, City Clerk W illiam B. H orne II, City M anager Approved as to form and correctness: Countersigned: Pam ela K. Akin, City Attorney Frank Hibbard, M ayor FLO RID A STATE LO D G E O F TH E FRATERN AL O RD ER O F PO LICE O FFICERS BARG AIN IN G UN IT By _________________________________ O fficer Jonathan W alser, President Clearwater O fficers Bargaining Unit _________________________________ Paul J. N oeske, Staff Representative Florida State Lodge, Fraternal O rder of Police W ITN ESSES: __________________________________ __________________________________ Attachment number 1 \nPage 53 Item # 8 APPENDIX A i POLICE SERVICE TECHNICIAN PAY RANGE P-44 Step O ctober, 2012 Biweekly O ctober, 2013 Biweekly 1 $1,177.15 $1,206.58 2 $1,236.01 $1,266.91 3 $1,297.81 $1,330.26 4 $1,362.70 $1,396.77 5 $1,430.84 $1,466.61 6 $1,502.38 $1,539.94 7 $1,539.94 $1,578.44 8 $1,578.44 $1,617.90 9 $1,617.90 $1,658.34 10 $1,658.34 $1,699.80 11 $1,699.80 $1,742.30 12 $1,742.30 $1,785.86 POLICE SERVICE TECHNICIAN SUPERVISOR PAY RANGE P-50 Step O ctober, 2012 Biweekly O ctober, 2013 Biweekly 1 $1,349.74 $1,383.48 2 $1,417.23 $1,452.66 3 $1,488.09 $1,525.29 4 $1,562.49 $1,601.55 5 $1,640.62 $1,681.63 6 $1,722.65 $1,765.71 7 $1,765.71 $1,809.86 8 $1,809.86 $1,855.10 9 $1,855.10 $1,901.48 10 $1,901.48 $1,949.02 11 $1,949.02 $1,997.74 12 $1,997.74 $2,047.69 Attachment number 1 \nPage 54 Item # 8 APPENDIX A ii POLICE OFFICER PAY RANGE P-56 Step O ctober, 2012 Biweekly O ctober, 2013 Biweekly 1 $1,710.43 $1,753.19 2 $1,795.95 $1,840.85 3 $1,885.74 $1,932.89 4 $1,980.03 $2,029.53 5 $2,079.03 $2,131.01 6 $2,184.28 $2,238.89 7 $2,238.89 $2,294.86 8 $2,294.86 $2,352.24 9 $2,352.24 $2,411.04 10 $2,411.04 $2,471.32 11 $2,471.32 $2,533.10 12 $2,533.10 $2,596.43 Attachment number 1 \nPage 55 Item # 8 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Supervisors bargaining unit will expire on September 30, 2012. City management staff and representatives of the Fraternal Order of Police Supervisors unit began discussions in November of 2011 regarding a new collective bargaining agreement in conjunction with negotiations over proposed changes to the City Pension Plan. On December 6, 2011, the parties reached a tentative agreement for a new contract as part of a package deal that included the proposed Pension Plan changes. The bargaining agreement and proposed Pension Plan changes were subsequently submitted by the Union to its bargaining unit, which ratified the agreement on December 13, 2011. The agreement is a three-year contract, providing for no general wage increase but allowing instead for merit step increase advancement only in the first year and in the third year, and providing for a 2.5% across-the-board general wage increase with no step advancement in the second year. The agreement also precludes the City from contracting with another entity to supplant or displace any budgeted positions currently represented within the bargaining unit for the duration of the agreement. There are no other significant changes to the existing contract language. Costs will be included in the proposed budgets for each year of the agreement. The costs associated with the implementation of this agreement are anticipated to be approximately as follows: Fiscal Year 2012/2013 (Steps only): $21,000 Fiscal Year 2013/2014 (GWI only): $87,500 Fiscal Year 2014/2015 (Steps only): $21,500 TOTAL: $130,000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 9 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE SUPERVISORS BARGAINING UNIT 2012 2013 2013 2014 2014 2015 Attachment number 1 \nPage 1 Item # 9 Attachment number 1 \nPage 2 Item # 9 TABLE OF CONTENTS Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions ................................... ........... 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreem ent .............................. ....................... 1 Severability and W aiver ................................................................................. 2 Existing Rules ................................................. ................................................ 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties .................. ........................................................... 3 O fficers Bill of Rights ................................................................................... 3 City’s M anagem ent Rights ............................................................................ 4 Union Rights ......................................................................................... ......... 5 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................... .............. 8 Article 6 Grievance Procedure ...................................................................... 8 D efinition ................................................................... ..................................... 8 Steps ................................................................................................................ 9 Arbitration .......................... .......................................................................... 11 Article 7 Personnel Practices ...................................................................... 12 Police Sergeant and Lieutenant D uties ..................................................... 12 Special D uty Call O ut ............................................................................... ... 12 Probation ...................................................................................................... 12 Prom otional Procedures .................................................... ......................... 13 Certification and Appointm ent .................................................................. 13 Rem oval of N am es from Eligibility List ........................... ........................ 13 Productivity .................................................................................................. 14 Training ............................................... .......................................................... 14 Light D uty Assignm ent ............................................................................... 14 Personnel Records ....................................................................................... 15 Residency Requirem ents ............................................................................. 15 Tobacco Product Usage .............................................................................. 15 Seat Belts and Safety G ear ................................................................ .......... 15 Physical Exam inations, Inoculations, and Fitness .................................. 16 O utside Em ploym ent ........................................................................... ....... 16 Funeral D etail ............................................................................................... 17 Take-H om e Vehicles .................................................... ............................... 17 Legal Protection ........................................................................................... 17 Copies of M unicipal Code .......................... ................................................ 17 Paycheck Issuance ....................................................................................... 18 Attachment number 1 \nPage 3 Item # 9 Article 8 Leaves of Absence ........................................................................ 18 D esignated H olidays ......................................................................... ........... 18 Floating H olidays ......................................................................................... 19 Vacation ............................................................... ......................................... 19 Sick Leave ..................................................................................................... 21 Bonus Leave D ays .................... ................................................................... 23 Leave Pool .................................................................................................... 24 Funeral Leave ............................................................................................... 25 M ilitary Leave ................................................................... ............................ 26 Tim e O ff ....................................................................................................... 28 Leave W ithout Pay .............................. ........................................................ 29 Article 9 Wages & Compensation ............................................................... 30 W ages .................................. .......................................................................... 30 W ork W eek and O vertim e ......................................................................... 32 Com pensatory Tim e .................................................................................... 32 Shift D ifferential ....................................................................... ................... 32 Standby .......................................................................................................... 33 Recall ................................................... .......................................................... 33 Acting Pay ..................................................................................................... 33 Job Assignm ent Pay .................................................................................... 34 Canine Assignm ent ............................................................................ .......... 34 Court Attendance and Standby Tim e ....................................................... 35 Line-of-D uty Injury ...................................................................... ............... 36 Uniform Allowance ..................................................................................... 37 Tuition Refund .......................................................... ................................... 37 Article 10 Insurance ...................................................................................... 38 Article 11 Performance & Discipline ............................................................ 39 Article 12 Drug & Alcohol Policy ................................................................. 40 Article 13 Retirement .................................................................................... 41 Article 14 Seniority, Layoff, and Recall ........................................................ 41 Article 15 Duration, Modification, & Termination ...................................... 43 Appendix A Pay Schedules ................................................................................ ..i Attachment number 1 \nPage 4 Item # 9 Page 1 PREAMBLE This Agreem ent is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal O rder of Police, Clearwater Supervisors bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreem ent to assure sound and m utually beneficial working and econom ic relationships between the parties hereto, to provide an orderly and peaceful m eans of resolving any m isunderstandings or differences which m ay arise, and to set forth herein the full agreem ents between the parties concerning rates of pay, wages, hours of em ploym ent, and other term s and conditions of em ploym ent. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, com fort and general well being of the public and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangem ent contrary to the term s herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as am ended, for all em ployees em ployed in the unit defined by the Public Em ployee Relations Com m ission in its certification N o. 816, dated O ctober 20, 1988, which certification is lim ited to Police Sergeants and Police Lieutenants. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreem ent, each had the unlim ited right and opportunity to m ake dem ands and proposals with respect to any subject or m atter included by law within the area of collective bargaining and that all the understandings and agreem ents arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreem ent. Therefore, the City and the Union, for the life of this Agreem ent, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any m atter or subject not specifically referred to or covered by this Agreem ent, whether or not such m atters have been discussed, even though such subjects or m atters m ay not have been within the knowledge or contem plation of either or both parties at the tim e they negotiated or signed this Agreem ent. This Agreem ent contains the entire contract, understanding, undertaking and agreem ent of collective bargaining for and during its term , except as m ay be otherwise specifically provided herein. H owever, the parties agree that the City Em ployees Pension Plan m ay be separately negotiated at any tim e upon the m utual agreem ent of both parties. This Agreem ent m ay be am ended at any tim e by the m utual consent of the parties, but no such attem pted am endm ent shall be of any force or effect until placed in writing and executed by each party hereof. Attachment number 1 \nPage 5 Item # 9 Page 2 Section 3. Severability and Waiver Each and every clause of this Agreem ent shall be deem ed separable from each and every other clause of this Agreem ent. In the event that any clause or clauses shall be finally determ ined to be in violation of any law, such clause or clauses only shall be deem ed of no force and effect and unenforceable without im pairing the validity and enforceability of the rest of the contract including any and all provisions in the rem ainder of any clause, sentence or paragraph in which the offending language m ay appear. The exercise or the non-exercise of the rights covered by this Agreem ent by the City or its em ployees or agents or the Union shall not be deem ed to waive any such rights or the right to exercise them in the future. Section 4. Existing Rules Any Police D epartm ent rule, regulation, policy or procedure in existence at the tim e of adoption of this Agreem ent which is in conflict with any provision of this Agreem ent shall be resolved by m odification of such rule, regulation, policy or procedure to be com patible with this Agreem ent. Em ployees shall be required to observe and com ply with D epartm ent regulations governing their em ploym ent as set forth in any D epartm ental procedures and such special and general orders and written com m unications now existing or which m ay hereafter be established which are not in conflict with this Agreem ent. N o disciplinary action shall be taken for violation of a newly established or am ended and posted rule or regulation until at least forty-eight (48) hours after initial posting. The President of the Clearwater Supervisors Bargaining Unit shall be forwarded a copy of any written departm ental m em orandum , rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such docum ent is intended to establish a standard of conduct or perform ance for m em bers of the bargaining unit. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreem ent it will deal only with the authorized representatives of the Union in all m atters requiring m utual consent or other official action called for by this Agreem ent. The Union agrees to notify the City of the nam e of such authorized representatives as of the execution of the Agreem ent and each replacem ent therefore during the term of the Agreem ent. Authorized representatives shall be defined as the elected O fficers of the Union including those appointed as stewards in accordance with this Agreem ent, provided that notification has been provided in writing to the O ffice of the Police Chief and to the City M anager or his/her designee at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize an individual as an authorized representative of the Union. Attachment number 1 \nPage 6 Item # 9 Page 3 Section 2. The Union agrees that during the term of this Agreem ent the Union and the em ployees covered hereunder shall deal only with the City M anager or his/her representative in m atters requiring m utual consent or other official action and specifically the Union agrees that neither the Union nor the em ployees covered hereunder shall seek to involve the M ayor-Com m issioner or Com m issioners in the adm inistration of the Agreem ent, or otherwise in the operation of the City's Police D epartm ent, provided that nothing contained herein shall restrict an em ployee's right to present non-em ploym ent related m atters to such elected officials. All m atters relating to grievances shall be processed only through the grievance procedure chain of com m and. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by em ployees covered by this Agreem ent as the result of specific action taken by the City M anager or Chief of Police shall not be changed in an arbitrary or capricious m anner. Section 2. Police Officers' Bill of Rights It is understood and agreed that all unit m em bers shall enjoy those protections afforded under Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes, com m only known as the Law Enforcem ent O fficer's Bill of Rights. Section 3. The City agrees to continue its policy of not discrim inating against any em ployee for any reason prohibited by applicable state or federal law. Any claim of discrim ination by any em ployee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of the G rievance Article of this Agreem ent, but shall be subject to the m atter of review prescribed by law or by rules and regulations of appropriate state or federal agencies having the force and effect of law. Section 4. The Union and its representatives agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them , and further to encourage all bargaining unit m em bers to com ply with such laws and regulations at all tim es. From tim e to tim e, as the City issues policy statem ents or develops specific training program s concerning areas of prohibited discrim ination under federal laws and regulations, the City m ay subm it such policies and/or program s to the Union for their review and consideration for endorsem ent. If the Union determ ines not to endorse the policy and/or program , it shall advise the City of its reservations which have precluded it from endorsem ent. Section 5. The Union and the City shall not interfere with the right of em ployees covered by this Agreem ent to becom e or to refrain from becom ing m em bers of the Union, and the Union and the City shall not discrim inate against any such em ployee because of m em bership or non-m em bership in any em ployee organization. The Union acknowledges that it is the sole representative of bargaining unit em ployees. H owever, the Union has no obligation to prosecute grievances under this Agreem ent for non-m em bers. Attachment number 1 \nPage 7 Item # 9 Page 4 Section 6. Citys Management Rights A. The City reserves, retains, and is vested with, solely and exclusively, all rights of m anagem ent which have not been expressly abridged by specific provisions of this Agreem ent. The sole and exclusive rights of m anagem ent include, but are not lim ited to, the following: (a) to m anage the City generally and to determ ine the issues of policy; (b) to determ ine the existence or nonexistence of facts which are the basis of m anagem ent decisions; (c) to determ ine the necessity or organization of any service or activity conducted by the City and to expand or dim inish services; (d) to determ ine the nature, m anner, m eans, and technology, and extent of services to be provided to the public; (e) to determ ine m ethods of financing and budgeting; (f) to determ ine the types of equipm ent and technology to be used; (g) to determ ine and/or change the facilities, m ethods, technology, m eans and size of the work force by which the City operations are to be conducted; (h) to determ ine and change the num ber of locations, relocations, and types of operations, processes, and m aterials to be used in carrying out all City functions including, but not lim ited to, the right to contract for or subcontract any work or operation of the City; (i) to assign work to and schedule em ployees in accordance with requirem ents as determ ined by the City, and to establish and change work schedules and assignm ents; (j) to relieve em ployees from duties for lack of work, lack of funds or any other non-disciplinary reasons; (k) to establish and m odify productivity and perform ance program s and standards; (l) to discharge, suspend, dem ote, or otherwise discipline em ployees for just cause; (m ) to determ ine job classifications and to create, m odify or discontinue jobs; (n) to hire, transfer, prom ote, and dem ote em ployees; (o) to determ ine policies, procedures, and standards for selection, training and prom otion of em ployees; (p) to establish em ployee perform ance standards including, but not lim ited to, quality and quantity standards and to require com pliance therewith; Attachment number 1 \nPage 8 Item # 9 Page 5 (q) to m aintain order and efficiency in its facilities and operations; (r) to establish and prom ulgate and/or m odify rules and regulations and standard operating procedures including, but not lim ited to, Civil Service rules; (s) to take any and all necessary action to carry out the m ission of the City and the Police D epartm ent in em ergencies. B. If in the sole discretion of the City M anager or the M ayor it is determ ined that civil em ergency conditions exist or m ay exist including, but not lim ited to, riots, civil disorders, hurricane conditions, strikes, or sim ilar catastrophes or disorders, this Agreem ent m ay be suspended by the City M anager or the M ayor during the tim e of the declared em ergency, provided that wage rates and other direct m onetary paym ents shall not be suspended. Further, a discharge, suspension or dem otion occurring during such em ergency m ay be pursued as a grievance upon the term ination of the em ergency. The date of term ination of the em ergency shall be considered the first day under the grievance procedure. Section 7. Union Rights A. Union D ues and Checkoff --D uring the term of this Agreem ent, and except as provided below, the City agrees to deduct the basic and uniform m em bership dues owed by the em ployee to the Union on a biweekly basis, provided that prior to any such deduction the Union has provided the City with a signed statem ent from each said em ployee for whom dues are to be m ade that such deduction is authorized, and provided further that such authorization is in a form satisfactory to the City. Any authorization for dues deduction m ay be canceled or am ended by the em ployee upon thirty (30) days written notice to the City and the Union and shall be discontinued in the event the em ployee is term inated or is transferred, prom oted or otherwise m oved out of the bargaining unit. The City will not deduct any Union fines, penalties or special assessm ents from the pay of any em ployee. In the event that an em ployee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance, or other standard or legally required deductions, are not sufficient to cover the basic and uniform m em bership dues, it will be the responsibility of the Union to collect its dues for that pay period from the em ployee. B. Indem nification --The Union shall indem nify, defend and hold the City, its officers, officials, agents and em ployees harm less against any claim , dem and, suit or liability (m onetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and em ployees in com plying with this Agreem ent. The Union shall prom ptly refund to the City any funds received in accordance with this Agreem ent which are in excess of the am ount of basic and uniform m em bership dues which the City has agreed to deduct. C. Stewards --The stewards of the Union shall consist of the elected officers of the Union, subject to a lim it of four persons and four alternates. If the Union has m ore than four officers, it shall designate the four who will serve as stewards. The Union will subm it a list of the four elected officers who will serve as stewards and the four alternates to the Police Chief and to the City M anager or his/her designee. Attachment number 1 \nPage 9 Item # 9 Page 6 Any steward who feels unqualified to represent a m em ber on any m atter will be perm itted to contact the Union president who shall designate a representative to serve the m em ber. A steward shall not investigate or otherwise handle grievances during working hours without the specific, expressed consent of the D ivision Com m ander. A steward shall not investigate his/her own grievance or otherwise represent him self/herself. D . Union Tim e --The Union shall be allowed up to 300 hours of tim e off without loss of pay per year for the purpose of attending official F.O .P. or bargaining unit functions, m eetings or conferences. Union tim e off with pay shall be granted by the City for the purposes of grievance representation, labor m anagem ent m eetings, contract negotiations, and participation as a m em ber or attendee of any City com m ittee whereby the Union m em ber appears at the behest of and in the interest of the City. Union tim e off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this Union tim e shall be m ade in advance in writing by an elected officer of the Clearwater Supervisors Bargaining Unit or Union Steward as described above to the im m ediate supervisor of the bargaining unit m em ber who will be utilizing the requested union tim e. The Police Chief or his/her designee will grant such tim e off without loss of pay provided that, in his/her sole and unlim ited discretion, the efficiency of operation of the D epartm ent will not be interfered with or im paired. Any portion of the Union tim e not used in an annual period, which shall be defined as a contract year beginning with ratification, shall be forfeited and shall not be carried forward into the next annual period. Bargaining unit m em bers utilizing Union tim e under the provisions of this Section shall not be eligible during the tim e of utilization for W orker's Com pensation benefits in case of injury. In any event, absence from duty for Union business shall not be approved when such requires a Union m em ber to be off duty for periods in excess of two (2) consecutive work shifts. Extension of any consecutive tim e off for Union m em bers over and above two (2) consecutive shifts m ay be granted solely at the discretion of the Police Chief. Joint related business between the City and the Union shall not be subject to deduction from Union tim e under this Section when an em ployee is directed by the City to attend. H owever, the Union acknowledges that such tim e needed for arbitration hearings will be chargeable to the account. E. Union N otification M edia --The City agrees to provide space (not less than 24 inches by 24 inches) on bulletin boards, utilization of e-m ail, or other appropriate m eans of distributing notices of m eetings and other official Union inform ation. The Police Chief or his/her designee shall first review and approve or not approve any such posting or transm ission of F.O .P. official inform ation for distribution in any City facility. N o other City bulletin board, e-m ail, or other distribution m ethods m ay be used by the Union or any m em ber of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any inform ation relating to political candidates or political office. F. Rules and Regulations and M em orandum s --The designated representative of the Union shall have a copy distributed to his/her m ail box of any written departm ental m em orandum , rule, regulation, order or policy, intended for publication to all m em bers of the bargaining unit, which is intended to establish a standard of conduct for m em bers of the bargaining unit. Attachment number 1 \nPage 10 Item # 9 Page 7 The designated representative of the Union shall be forwarded a copy of the agenda from the City Clerk's office of any regular City Com m ission m eeting in the sam e m anner that the Chief of Police is forwarded a copy. G . Copying of Agreem ent --The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreem ent. Every bargaining unit m em ber will be provided a copy of the Agreem ent. The Union shall be responsible for providing copies to its m em bers. The Union m ay request that such provision of copies be accom plished by the City during new em ployee orientation classes. H . Use of Copying Equipm ent --The City agrees to allow the Union's officers to use the departm ental copying equipm ent while off duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any m atter which shall be lim ited to departm ental records which the Chief will not allow the Union to rem ove from the D epartm ent and copy using its own equipm ent. (b) The Union will be charged and will rem it such rate as m ay hereafter be established by the City in accordance with City Policy. (c) D epartm ent business will of course take priority and the Union will only be allowed to m ake copies when the D epartm ent is not otherwise using the copier. I. The Union shall designate a Civil Service Liaison O fficer who m ay, on request, be relieved from duty with no loss of pay for the purpose of attending Civil Service Board M eetings, unless the efficiency of operation of the D epartm ent will be interfered with or im paired in the sole and unlim ited discretion of the Chief of Police or his/her designee. In addition, two Union officers m ay, on request and at the discretion of the Chief or his/her designee, be relieved from duty with no loss of pay for the purpose of attending official Union m eetings, unless the efficiency of operation of the D epartm ent will be interfered with or im paired. J. The President of the Clearwater Supervisors Bargaining Unit or his/her designee shall be forwarded a copy of the agenda in advance of every regular City Com m ission m eeting. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreem ent it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or sim ilar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by m em bers of the Union and/or em ployees represented by the Union or other agencies or representatives of the Union or its affiliates. Section 2. Should the Union or its m em ber em ployees covered hereunder within the City's Police D epartm ent breach this Article, then the City m ay proceed to the appropriate court and, without notice, obtain a tem porary restraining order against such breach. Attachment number 1 \nPage 11 Item # 9 Page 8 Section 3. Should any m em ber of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, the em ployee shall be subject to dism issal, and it is expressly agreed that such violation constitutes just cause for dism issal. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-M anagem ent cooperation to address em ployee concerns that are not specifically provided for by contract provisions. Labor-M anagem ent cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-M anagem ent cooperation shall be utilized for the purpose of discussion and input from both parties on m atters that m ay be m utually resolved and are not subject to collective bargaining, grievance, or litigation processes. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a m eans for the fair, expeditious, and orderly settlem ent of disputes that arise under this Agreem ent between the Union and/or a bargaining unit m em ber and the City. All em ployees and supervisory personnel should m ake every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as a tim ely com plaint by an em ployee within the bargaining unit regarding the interpretation or application of specific provisions of this Agreem ent. The grieving individual m ust state in writing the rem edy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreem ent upon which the grievance is based and shall contain a concise statem ent of the facts alleged to support the grievance. Any grievance relating to disciplinary action shall be signed by the em ployee initiating the grievance. A grievance relating to an alleged contract violation other than disciplinary action m ay be filed by, and signed by, the Union on behalf of an em ployee(s) but m ust specify the affected em ployee(s) by nam e. All inform ation m ust be furnished. N o grievance m ay be am ended from the original written grievance filed at the initial step of the grievance procedure. The Union agrees to deliver copies of the initial grievance and of each successive written step of processing for the grievance to the City M anager or his/her designee within forty-eight (48) hours of its subm ission to the appropriate official within the Police D epartm ent. G rievances shall be processed in accordance with the following procedure and shall be determ ined by application of the term s of this Agreem ent. W here the term "working days" is used in this Article, it shall refer to M onday through Friday. Saturdays, Sundays, and days designated as holidays for m anagerial em ployees of the Police D epartm ent or the City M anager's office are excluded from the term "working days." The tim e lim its for filing the grievances and processing subsequent steps in the grievance process shall be strictly construed, but m ay be extended by m utual agreem ent evidenced in writing and signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to com ply with any of the tim e lim its set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to com ply with the tim e lim its set forth hereunder shall autom atically m ove the grievance to the next level in the grievance process. Attachment number 1 \nPage 12 Item # 9 Page 9 Probationary em ployees shall not have access to the grievance procedure for failure to satisfactorily com plete the probationary period, but will be allowed to grieve other form s of discipline for which they are charged for specific infractions or violations of City or departm ental rules, regulations, orders or other docum ents regulating conduct. The right of m anagem ent to dem ote a probationary em ployee for failing to m eet standards is absolute and no specific reason shall be given. Section 3. O n behalf of em ployees covered by this Agreem ent, the Union hereby waives any right of these em ployees to resort to the Civil Service Board concerning any m atter that is defined in this Agreem ent. This shall specifically include grievances relating to suspensions, dem otions and dism issals. Section 4. Formal Processing of Grievances Initiated By Employee The aggrieved em ployee m ay request that a Union representative be present at any tim e during the grievance procedure. STEP 1 An aggrieved em ployee (Police Sergeant or Police Lieutenant) shall present his/her grievance in writing to the Police Captain in his/her respective D ivision, or to the D eputy Police Chief if the em ployee is not assigned to a specific D ivision Captain, within ten (10) working days after the em ployee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The written grievance at this step, and at all steps thereafter, shall contain the following inform ation: 1. A statem ent of the grievance including date of occurrence, details, and the facts upon which the grievance is based. 2. The Article and Section of the Labor Agreem ent alleged to have been violated. 3. The action, rem edy, or solution requested by the em ployee. 4. Signature of aggrieved em ployee and Union representative. 5. Reason for rejection of m anagem ent's answer, if appealed (Steps 2 and 3 only). 6. D ate subm itted. G rievances subm itted at this step shall be reviewed and returned to the grievant if the form does not contain the above inform ation. The grievant shall be notified of the insufficiency and afforded an opportunity to correct and resubm it the grievance within two (2) working days of its being returned to him /her. As used in this Article, the term "em ployee" shall also m ean a group of em ployees having the sam e grievance. In such event, one aggrieved em ployee shall be designated by the group of em ployees to be responsible for processing the grievance. The Police Captain or D eputy Police Chief receiving the initial grievance shall review the grievance and m eet with the em ployee and a Union representative if one is requested and shall subm it a response in writing to the aggrieved em ployee within ten (10) working days from the date the grievance was presented to him /her. The written response at this step and all steps thereafter shall contain the following inform ation: Attachment number 1 \nPage 13 Item # 9 Page 10 1. An affirm ation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreem ent. 3. The rem edy or solution, if any, to be m ade. 4. Signature of the appropriate m anagem ent representative. W here the Police Captain or D eputy Police Chief determ ines that he/she is unable to respond due to circum stances of the grievance which m ay require a decision at a higher level, he/she m ay respond by denying the grievance. STEP 2 If the grievance is not resolved at Step 1, the aggrieved em ployee m ay subm it the grievance to the Police Chief within ten (10) working days from receipt of the response in Step 1. Such subm ission of the grievance at Step 2 shall be in writing. The Police Chief or designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7) working days following receipt of the grievance at Step 2, m eet with the aggrieved em ployee and a Union representative if one has been requested. The Police Chief or his/her designee shall notify the aggrieved em ployee of his/her decision in writing not later than seven (7) working days following the m eeting day with the em ployee. STEP 3 If the grievance is not resolved at Step 2, the grievance and all responses thereto m ay be subm itted to the City M anager or his/her designee within ten (10) working days of the tim e the response was provided in Step 2. At the request of the em ployee, the City M anager or his/her designee shall m eet with the em ployee and a Union representative if one has been requested. The City shall determ ine who shall m eet with the em ployee. W ithin ten (10) working days of the m eeting with the em ployee, the City M anager or his/her designee will notify the aggrieved em ployee, in writing, of his/her decision. If a grievance is not subm itted to the City M anager or his/her designee, it shall be deem ed to have been resolved at Step 2 or to have been dropped by the grievant. Section 5. Formal Processing of Grievance Initiated By City W here any provision of this Agreem ent involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City m ay 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 inform al basis, the grievance m ay be form ally filed in writing by the City M anager or his/her designee by giving written notice to the authorized representative of the Union. Such notice shall indicate the provision of the Agreem ent which the City contends is not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City m ay subm it the grievance to arbitration under the provisions of Section 6 of this Article. Attachment number 1 \nPage 14 Item # 9 Page 11 Section 6. Grievance Arbitration In the event that a grievance is still unresolved after Step 3 in Section 4 above or as provided in Section 5 above, the m atter m ay be subm itted to final and binding arbitration as provided in this Section. A. W ithin ten (10) working days of the decision of the City M anager or his/her designee, the aggrieved party shall notify the City M anager or his/her designee of intent to arbitrate. Concurrently, said party shall request from the Federal M ediation and Conciliation Service a list of seven (7) nam es of qualified arbitrators. W ithin ten (10) working days after the receipt of such a list, representatives of the parties shall m eet and each party shall strike three (3) nam es. The party filing the grievance shall strike the first nam e, then the other party shall strike a nam e. The process shall be repeated and the rem aining nam e shall be the arbitrator selected. The arbitrator shall be notified of his/her selection. As prom ptly as can be arranged, but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held. In the event that the arbitrator selected is not available within the thirty (30) day tim e fram e, the parties shall im m ediately obtain a new list from the Federal M ediation and Conciliation Service and select another arbitrator using the sam e process as previously referenced. B. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the parties. C. The decision of the arbitrator shall be final and binding upon both parties, except that either party m ay petition for review in the circuit court. The arbitrator shall have no power to am end, add to, or subtract from the term s of this Agreem ent in rendering his/her decision and such decision shall be lim ited to determ ination and interpretation of the explicit term s of this Agreem ent. If the City has denied the grievance on the basis that it was not tim ely filed and processed as required by this Article and if the arbitrator finds that the grievance was not tim ely filed or processed, then the arbitrator shall have no power to grant relief. N o decision of the arbitrator shall create a basis for retroactive adjustm ent in any other case. D . Copies of the decision of the arbitrator m ade in accordance with the jurisdiction and authority of this Agreem ent shall be furnished to both parties within thirty (30) calendar days from the date of the hearing. E. The arbitrator shall arbitrate solely the issue presented. F. Unless otherwise m utually agreed upon, the subm ission to the arbitrator shall be based solely on the originally written grievance subm itted in the grievance process. Section 7. G rievances arising out of the discharge, dem otion, or suspension of a bargaining unit em ployee shall be initiated at Step 3 of the grievance procedure. Attachment number 1 \nPage 15 Item # 9 Page 12 ARTICLE 7 PERSONNEL PRACTICES Section 1. Duties of Police Sergeants and Police Lieutenants A. The Union agrees that the duties of Police Sergeants and Police Lieutenants involve both the perform ance of general police duties and the supervision of designated police personnel. The City agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the perform ance of functions of the Police D epartm ent. B. The City agrees that Police Sergeants and Police Lieutenants shall not be required to change autom obile tires except in em ergencies; nor shall they be required to m anually push disabled m otor vehicles. H owever, they shall m ake appropriate efforts to rem ove such disabled m otor vehicles where the elim ination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled m otor vehicles should be reasonably relocated from the scene. Section 2. Special Duty Call Out A. All em ployees who are covered by this Agreem ent shall receive notice of any special duty detail, not less than five (5) working days prior to that event. B. This Section shall not pertain to em ergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Em ployees assigned to the crim inal investigation division, patrol special operations section, traffic section, or com m unity policing team s are subject to adjustm ents of their hours and/or days to m eet the circum stances at hand. As m uch notice as possible will be given when adjustm ents are necessary, but it is understood that hours m ust be flexible. Section 3. Probation An em ployee initially appointed or prom oted to a class within the bargaining unit (Police Sergeant or Police Lieutenant) shall serve a probationary period of six (6) m onths of active service during which he/she shall have the opportunity to dem onstrate to the satisfaction of the Police Chief his/her suitability for the job. In the event the em ployee is for any reason absent from duty for an accum ulated period of eighty scheduled work hours or m ore, then all such tim e shall be added to and thereby extend the probationary period. The em ployee shall attain regular status in the class at the com pletion of the six-m onth period, unless the D epartm ent has notified H um an Resources with just cause for withholding such status. An em ployee, who during the probationary period does not dem onstrate suitability for the class as determ ined by the Police Chief, shall be notified in writing and shall be dem oted to his/her form er classification. An em ployee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and/or return to his/her form er position. Attachment number 1 \nPage 16 Item # 9 Page 13 Section 4. Promotional Procedures A. Eligibility --All Police Sergeants who have com pleted the prom otional probationary period successfully and who have served one year as a Sergeant following successful com pletion of the probationary period shall be eligible to com pete in the prom otional process held by the City for the classification of Police Lieutenant provided they have m et the m inim um qualification requirem ents established by the City. B. Evaluation Process --The prom otional process shall be com petitive. It shall be based upon an evaluation of the education and training of the candidates and their experience in the Clearwater Police D epartm ent. C. Upon prom otion, em ployees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Em ployees who at the tim e of prom otion are receiving Job Assignm ent Pay in accordance with Article 9, Section 8 of this Agreem ent shall be entitled to have incorporated into their base pay, prior to the calculation of the prom otional increase, the greater am ount from paragraph A or paragraph B. Such em ployees shall be placed into the step in the higher level classification that represents at least a 5% increase above the com bined rate of pay and shall thereafter be eligible to receive Job Assignm ent Pay and any other additional pays in accordance with the respective term s and conditions of this Agreem ent. Section 5. Certification and Appointment The H um an Resources D epartm ent shall provide in alphabetical order a certified prom otional list for the filling of a vacancy in a perm anent position. The Police Chief shall provide each certified eligible with the opportunity to be interviewed for the designated vacancy, provided however that if a candidate has been interviewed within the past one hundred and twenty (120) days for the position of Police Lieutenant, such candidate shall not have to be interviewed. (All such candidates shall be treated uniform ly as to being re-interviewed or not being re-interviewed.) Selection from the Eligible List shall be at the sole discretion of the Police Chief and shall not be grievable. Section 6. Removal of Names from Eligible List N am es of eligibles for Police Lieutenant shall be rem oved from the Eligible List by operation of any one of the following: (a) Appointm ent through certification and selection from such list to fill a perm anent position of Police Lieutenant. (b) D eclination of appointm ent when appointm ent is offered by the Police Chief. (c) Separation from the City service of the eligible. (d) Rem oval from the em ploym ent area designated by the City when such residence was required as a condition of em ploym ent or previous prom otion. Attachment number 1 \nPage 17 Item # 9 Page 14 (e) D eterm ination by the City that the eligible willfully or knowingly gave false or wrong inform ation, withheld inform ation, or was evasive in responses relating to his/her em ploym ent background, training, education or character. Section 7. Productivity The Union recognizes that productivity is of utm ost concern to the City and is critical to the provision of services to the citizenry in an efficient and cost effective m anner. The Union acknowledges, except as expressly lim ited by the provisions of this Agreem ent, that the City m ay introduce new m ethods, processes and equipm ent, im plem ent new technology, and establish work m easurem ent standards to determ ine perform ance levels; that it m ay develop flexible job assignm ents and shifts; that it m ay establish innovative program s to im prove the provision of police and related public services or to reduce the cost of providing such services; and that it m ay take such other actions as it deem s appropriate to im prove productivity. Section 8 Training In addition to the training required by the State for certification or recertification, schools, training and career developm ent courses as determ ined by the D epartm ent will be m ade available to all bargaining unit m em bers. O fficers who desire to attend will com plete the departm ental training request form and subm it it to their supervisor. All tim e spent in training which has been duly authorized by the D epartm ent shall be com pensated as hours worked unless all four of the following are m et: (1) attendance at the training is voluntary and (2) the training occurs outside the em ployee’s regular work hours and (3) the em ployee perform s no productive work and (4) the training is not directly related to the actual perform ance of the em ployee’s present assignm ent. Em ployees assigned to training m ust receive approval from their im m ediate supervisor prior to perform ing any additional work outside of the actual tim e spent in training while on the training assignm ent. All such work hours when duly authorized shall be paid in accordance with the provisions of the Federal Fair Labor Standards Act. The D epartm ent will select officers for attendance based on the needs of the D epartm ent. Section 9. Light Duty Assignment A. In the event an em ployee in the bargaining unit is unable to work at full-tim e duty but is certified by a licensed physician to work light or lim ited duty, subject to the availability of light or lim ited duty the City m ay assign such em ployee to an appropriate work assignm ent within the City of Clearwater work force. H owever, assignm ents in any D epartm ent other than the Police D epartm ent shall occur only in the event there are no available positions within the Police D epartm ent which the officer would be capable of perform ing. Assignm ents outside the Police D epartm ent shall be lim ited to only those positions which the officer is capable of perform ing, or would be capable of perform ing with a reasonable am ount of on-the-job training and effort, based on the officer's physical ability, suitability to the work to be perform ed, and skills required to perform the work. B. The City shall have the right to direct an em ployee to a licensed physician of its choice to determ ine if the em ployee is fit to work light or lim ited duty. Attachment number 1 \nPage 18 Item # 9 Page 15 C. Failure of the em ployee to work light or lim ited duty when assigned m ay be grounds for disciplinary action. Section 10. Personnel Records It shall be the right of any m em ber of the bargaining unit at reasonable tim es to inspect his/her personnel file, and at his/her expense to m ake copies of such personnel file or portions thereof. W hen a personnel record of a m em ber of the bargaining unit is furnished to any citizen pursuant to a request therefor, the City agrees to abide by current federal and state law and will not release any portion of the em ployee's file which is not required to be released by law. The em ployee shall be notified as soon as possible whenever his/her Internal Affairs, Police D epartm ent, or H um an Resources D epartm ent file is accessed by som eone other than the em ployee. If the em ployee is absent from duty, his/her im m ediate supervisor shall be notified and shall attem pt to contact the em ployee, and if unsuccessful shall inform the em ployee upon his/her return to work. Section 11. Residency Requirement Except as provided by D epartm ent G eneral O rders, any existing em ployees who m ove to a different residence and all new hires as a condition of em ploym ent shall establish and m aintain their bona fide, perm anent residence within the following geographical boundaries: Pasco County, Pinellas County, and H illsborough County from the western boundary eastward to Interstate 75 only. W hen response tim es are an operational factor in special duty assignm ents, the Police Chief m ay consider residency location in selecting personnel to such special duty assignm ents. Em ployees m ay request special perm ission from the Chief of Police to reside outside the specified areas. Violation of this provision m ay be grounds for discipline. Section 12. Tobacco Product Usage Em ployees in the bargaining unit hired on or after D ecem ber 15, 1986, are prohibited from sm oking or chewing any form of tobacco product both on and off the job during their em ploym ent with the City. In addition to the above, effective O ctober 1, 2009 all bargaining unit m em bers will com ply with the City’s Tobacco Product Usage Policy. Section 13. Seat Belt and Safety Equipment Use All em ployees are required to wear seat belts when driving or riding as a passenger in any City vehicle or in a personal vehicle while on city business, except in cases of operational necessity or when a city vehicle does not have available seat belts. W henever the em ployee is furnished with City safety gear, he/she shall wear it whenever he/she is required to wear safety gear on duty. The City shall issue each bargaining unit m em ber with a bulletproof vest upon the request of the officer; provided however that it shall be just cause for disciplinary action if an officer issued a vest does not wear it as required while on field duty assignm ents in the Patrol uniform . Bulletproof vests shall be accessible to bargaining unit m em bers for use where required in situations as defined by D epartm ental policy. An em ployee who has requested a bulletproof vest shall not be placed on patrol duties or hazardous assignm ents until such equipm ent has been issued. Attachment number 1 \nPage 19 Item # 9 Page 16 Section 14. Physical Examinations, Inoculations, and Fitness A. The City and Union agree that the physical fitness of police officers is of im portance to insure the public of quality police service. The City will provide free and m andatory annual physical exam inations for each em ployee (to include an optional m am m ogram for fem ales). The em ployee m ay subm it proof of satisfactory com pletion of an equivalent physical exam ination by a physician of his/her choice. All em ployees whose physical fitness or m edical status is deem ed deficient in som e m anner as a result of the physical exam ination shall be counseled by the D epartm ent and shall be encouraged to undertake a fitness rehabilitation program in an effort to im prove their physical fitness and health. B. In the event that the D epartm ent determ ines that an officer requires an inoculation or im m unization, then the sam e im m unization or inoculation will be m ade available to the m em bers of the em ployee’s household. C. Physicals will be adm inistered no less than ten (10) m onths and no m ore than eighteen (18) m onths apart. D . The D epartm ent will attem pt to schedule physicals while the em ployee is on duty. Any annual physical fitness exam will also be adm inistered during the em ployee’s on-duty tim e. W ork schedules of affected em ployees m ay be subject to change in order to accom plish this objective but only if the exam inations cannot be scheduled during norm al work hours. Em ployees m ay also be perm itted with the approval of their supervisor to flex tim e within the sam e work week for tim e spent taking the physical. It is the em ployee’s responsibility to ensure that they physical is com pleted, and no em ployee shall be paid for tim e spent taking a physical unless that tim e falls within his/her assigned shift or other work hours that the em ployee has been perm itted to flex. The m axim um am ount of flex tim e perm itted for em ployee physicals shall be two hours per office visit up to a m axim um of two visits unless otherwise authorized in advance by the D epartm ent. E. The City shall provide free access for all bargaining unit m em bers to any City recreational facility. Additional fees for program s conducted at such facilities shall be borne by the em ployee. It is understood by all parties that the decision whether to use such facilities is com pletely voluntary on the part of the bargaining unit m em bers, and tim e spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be com pensable under workers com pensation. Section 15. Outside Employment O utside em ploym ent of bargaining unit m em bers shall be subject to provisions of the City's Civil Service or the D epartm ental Rules & Regulations governing outside em ploym ent, provided further however, that police-related “extra-duty” em ploym ent shall be lim ited to a m axim um of 20 hours per week. D uring periods of unusual seasonal dem and, exceptions to the 20-hour m axim um will be considered by the Police Chief, or his/her designee, who shall approve or deny such requests in his/her sole and unlim ited discretion. Attachment number 1 \nPage 20 Item # 9 Page 17 The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating m andatory subjects of bargaining related to “extra-duty” em ploym ent and any specific im pact such program m ay have on any existing provisions or item s affected by such program . H owever, item s affecting wages, hours, or term s and conditions of em ploym ent shall be im plem ented only upon m utual agreem ent of the parties. Section 16. Funeral Detail A. The D epartm ent shall perm it one em ployee of this bargaining unit to be part of a funeral detail and perm it this detail to attend the funerals of any law enforcem ent officer within the State of Florida who loses his/her life in the line of duty. B. The City will supply the funeral detail with a m arked cruiser for the purpose of attending funerals as provided in (A) above. C. The City shall not be responsible for the paym ent of expenses of this detail such as gas, oil, lodging, and m eals. D . In the event the bargaining unit m em ber who serves as the F.O .P. funeral detail is on-duty at the tim e of the funeral, he/she shall be released without loss of pay, provided however, that such m em ber shall not be eligible during such tim e off for workers’ com pensation benefits in case of injury. E. This provision shall not be subject to any grievance procedure. Section 17. Take-Home Cars The City reserves the exclusive right to determ ine if and when bargaining unit m em bers shall be allowed to take city vehicles hom e and further retains the right to discontinue any current usage at any tim e. Section 18. Legal Protection The City agrees to defend any m em ber of this bargaining unit who is sued for dam ages as a result of actions taken in the scope of his/her em ploym ent with the City to the extent provided in Chapters 111.065, 111.07, 768.28(9), and 768.28(19) FS. The em ployee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of O rdinances relating to penal offenses to em ployees upon request. Attachment number 1 \nPage 21 Item # 9 Page 18 Section 20. Paycheck Issuance Paychecks shall be available on the sam e day that the paycheck is dated to be issued to em ployees both com ing on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Effective 60 days following the date of approval of this Agreem ent by the City Council, em ployees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck form at or through direct deposit by electronic transfer, and will not be perm itted to split their pay between the two m edium s. Em ployees m ay elect to change from one paym ent m edium to the other at any tim e provided 14 days written notice is given to the City’s payroll division. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be nine (9) paid holidays. They shall be: N ew Year's D ay January 1st M artin Luther King D ay Federal H oliday Presidents D ay Federal H oliday M em orial D ay Federal H oliday Independence D ay July 4th Labor D ay Federal H oliday Veterans D ay N ovem ber 11 Thanksgiving D ay 4th Thursday in N ovem ber Christm as D ay D ecem ber 25th The City shall perm it the use of bargaining unit seniority with existing bid practices to determ ine whether an em ployee will work on holidays and reserves the right to determ ine the appropriate level of staffing and the schedule em ployees will observe on the holidays. B. In the event that one of the above nam ed holidays occurs during the course of an em ployee's vacation, then the em ployee shall not be charged vacation leave for the holiday and/or the em ployee's vacation shall be extended one day. C. In the event that one of the above nam ed holidays occurs while an em ployee is on paid sick/injury leave, the em ployee shall receive holiday pay at his/her straight tim e rate and shall not be charged sick/injury leave pay for that day. In the event the em ployee is on sick/injury leave without pay, or any other form of tim e off without pay, the em ployee shall not be paid for the holiday. D . Em ployees who work on Christm as D ay, N ew Year's D ay, Independence D ay, and Thanksgiving D ay shall be paid at a rate of 2-1/2 tim es regular pay. Attachment number 1 \nPage 22 Item # 9 Page 19 E. An em ployee m ay be required to work all or part of any holiday even though it m ay be his/her regularly scheduled day off. W hen a holiday falls on an em ployee's regular day off, 8-hour and 10-hour em ployees are paid eight (8) hour's holiday pay. (Both types of em ployees have worked 40 hours and are paid 48 hours --a full week plus one (1) holiday.) F. An em ployee who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtim e. G . Floating H olidays --In addition to the holidays nam ed above, em ployees shall be entitled to four (4) floating holidays. These days m ay be days off with pay and taken at the em ployee's request provided that operations will not be interfered with and provided further that such days shall be taken in full-day increm ents. Floating holidays shall be awarded at the end of the first payroll period of the payroll calendar year and m ust be taken by the end of the last payroll period of the sam e payroll calendar year. An em ployee m ay elect to take up to four floating holidays as a cash stipend. In such case, the em ployee will be paid at the rate of eight (8) hours for each floating holiday for which the em ployee m akes this election. Section 2. Vacations A. Accrual of Vacation Leave Vacation leave shall accrue on a bi-weekly basis based on hours in a paid status for all full-tim e em ployees in accordance with the num ber of com pleted years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 – 2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 – 10 4.923 128 11 5.231 136 12 5.538 144 13 – 14 5.846 152 15 – 19 6.154 160 20 & O ver 6.462 168 Attachment number 1 \nPage 23 Item # 9 Page 20 B. Use of Vacation Leave 1. All bargaining unit em ployees are entitled to use at least two (2) weeks of accrued vacation leave per year. Accrued vacation shall be authorized in any am ount provided it does not adversely affect departm ent operations. 2. If service requirem ents perm it and with the approval of the D epartm ent, an em ployee m ay use his/her accrued vacation leave in increm ents of tenths of an hour. 3. The borrowing of vacation tim e prior to its accrual is prohibited. 4. There is no advancing of vacation pay. 5. Em ployees m ay take com pensatory tim e off in conjunction with a regular vacation if authorized. C. M axim um Accrual of Vacation Leave The m axim um am ount of vacation leave that m ay be accum ulated is 320 hours. D . Paym ent and Accrual D uring M ilitary Leave 1. An em ployee granted an extended m ilitary leave of absence for active duty in accordance with the City’s Em ergency M ilitary Leave Supplem entary Com pensation Policy shall be paid all accrued leave upon the em ployee’s request when the em ployee begins the extended m ilitary leave. 2. An em ployee returning from an extended m ilitary leave of absence shall accrue vacation leave for the period of m ilitary service not to exceed 320 hours. E. Conversion to Sick Leave or Funeral Leave D uring Vacation Leave 1. The em ployee m ay request that vacation leave be changed to sick leave if the em ployee or m em ber of the em ployee’s im m ediate fam ily becom es ill for m ore than three (3) consecutive days while the em ployee is on vacation leave. 2. The em ployee m ay request that vacation leave be changed to funeral leave, provided the request is consistent with Funeral Leave provisions of this Agreem ent. F. Paym ent of Unused Vacation Leave 1. Paym ent of unused vacation leave will be paid upon retirem ent or voluntary separation of the em ployee up to a m axim um of 320 hours, provided the em ployee was not dism issed for cause and has m ore than one year of continuous service. Paym ent will be m ade at the base rate exclusive of any prem ium pay or shift assignm ent pay. Attachment number 1 \nPage 24 Item # 9 Page 21 Section 3. Sick/Injury Leave A. Sick Leave Accrual Em ployees shall accrue Sick Leave each payroll period based on hours in a paid status. Em ployees shall accrue 3.693 hours of sick leave on a biweekly payroll basis --(i.e., an em ployee on a 40-hour work week earns twelve (12) days per payroll calendar year). B. Sick Leave Accrual Caps Em ployees m ay accum ulate up to 1560 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an em ployee recalled from layoff or returned from a leave of absence. 2. Sick leave balances rem ain the sam e upon transfer to another departm ent or classification. 3. N o sick leave balances are restored after a break in service. D . Calculation for Use of Sick Leave Sick leave m ay be authorized for increm ents of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the em ployee’s discretion. It shall be authorized only for absences: 1. D ue to personal illness or physical incapacity. 2. D ue to exposure to contagious disease in which the health of others would be endangered by the em ployee’s attendance on duty. 3. D ue to dental appointm ents, physical exam inations, or other personal or fam ily sickness prevention m easures. Attachment number 1 \nPage 25 Item # 9 Page 22 4. D ue to illness of a m em ber of the em ployee’s im m ediate fam ily which requires the em ployee’s personal care and attention. “Im m ediate fam ily” shall m ean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the em ployee and the “im m ediate fam ily” of the em ployee’s spouse or other fam ily m em ber living in the “im m ediate household.” F. Authorization of Sick Leave 1. An em ployee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting tim e the specific reason and where (phone num ber and address) the em ployee will be while on sick leave. This address and phone num ber will be updated whenever the address or phone num ber changes during the period of sick leave. 2. Failure to do so m ay be the cause for denial of sick leave and other disciplinary action. G . Paym ent for Unused Sick Leave Upon separation from City service, an em ployee shall be paid for one-half (1/2) of his/her accum ulated unused sick leave up to 1560 hours. The rate of paym ent shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the em ployee on the last day worked prior to separation. Paym ent shall be m ade provided: 1. The em ployee has had at least twenty (20) years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-em ploym ent shall not be considered as breaks in service. The length of such tim e off or layoff shall be deducted from the total length of service. M ilitary leaves and leaves during which the em ployee is receiving W orkers Com pensation shall not be deducted from continuous service; or 2. That the separation is involuntary on the part of the em ployee, including disability (incurred on or off the job) and layoffs; or 3. The em ployee’s estate shall receive paym ent if an em ployee dies. 4. An em ployee who has been dism issed for cause shall have no claim for sick leave paym ent. An em ployee m ay request that one-half (1/2) the paym ent for unused sick leave be m ade at separation and one-half (1/2) the paym ent be m ade in the first payroll period in the next calendar year. H . Injury From O ther Em ploym ent An em ployee m ay not utilize accum ulated sick leave for absences resulting from an injury arising out of and in the course of em ploym ent other than City em ploym ent, for which m onetary or other valuable consideration is received or expected. Any em ployee who utilizes accum ulated sick leave, or who attem pts to utilize accum ulated sick leave, for absences resulting from an injury arising out of and in the course of em ploym ent other than City em ploym ent, m ay be suspended or term inated. Attachment number 1 \nPage 26 Item # 9 Page 23 I. Use of Leave After Accrual Em ployees m ay be authorized to use sick leave after it is accrued. The em ployee m ay be required to subm it acceptable evidence such as a m edical certificate from a m edical doctor to substantiate the reason for requesting sick leave. J. Bonus Leave D ays Following a payroll calendar year that a bargaining unit em ployee uses no sick leave, or less than two days of sick leave, the em ployee will be awarded Bonus Leave D ays in accordance with the following chart. Bonus Leave D ays m ust be used in full-day increm ents. Bonus Leave D ays m ust be used before the end of the payroll calendar year for which they are awarded. At the end of each payroll calendar year, em ployees m ay elect to be paid the cash equivalent based upon the em ployee’s current base rate of pay for any Bonus Leave D ays not used during the payroll calendar year. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight or Ten-H our Shifts Zero Tim e 2 Eight or Ten-H our Shifts M ore than zero tim e but less than 2 days 1 Com bination of Eight and Ten-H our Shifts M ore than zero tim e but less than 2 days com bined as: · 2 Eight-hour days · 2 Ten-hour days · 1 Ten-hour day and 1 Eight-hour day 1 1. A payroll calendar year begins with the first day of the first payroll period for the first pay check date in the calendar year and ends with the last day of the last payroll period for the last pay check in the calendar year. 2. Bonus Leave D ays are not included in overtim e calculations. 3. Upon an em ployee’s separation from the City, the em ployee will receive a lum p sum paym ent for his/her rem aining Bonus Leave D ay balance. Attachment number 1 \nPage 27 Item # 9 Page 24 Section 4. Leave Pool A joint leave pool will be established by the m em bers of the Fraternal O rder of Police Lodge N o. 10 and Fraternal O rder of Police Supervisors bargaining units, such leave pool to be available for use by m em bers of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit m em bers who face significant tim e off without pay due to a serious illness or injury, whether job-connected or non-jobconnected, or serious illness or injury to a fam ily m em ber covered under the fam ily sick leave policy. The leave pool m ay not be used for short tim e periods where an em ployee m ay be without pay. Short tim e shall be defined as less than thirty (30) calendar days. B. A com m ittee shall be form ed and the com m ittee shall determ ine use of the leave pool days, subject to the above purposes and lim itations. 1. The com m ittee shall consist of two (2) m em bers designated by each bargaining unit, and one em ployee designated by the other four m em bers. 2. The com m ittee shall review em ployee needs and circum stances consistent with the provisions of the leave pool and shall determ ine eligibility for and the am ount of pool leave tim e that m ay be provided to em ployees. The com m ittee m ay establish procedures, form s, and other rules necessary for its effective operation, provided they are consistent with the provisions of this Section. 3. The com m ittee’s decisions are final and are not grievable. An em ployee m ay ask for reconsideration by the com m ittee in accordance with rules established by the com m ittee. 4. Bargaining unit m em bers m ay donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one tim e per year unless the num ber of days in the leave pool becom es less than fifty days, whereby the com m ittee m ay open up the opportunity for additional donations to be m ade during the calendar year. (a) N o em ployee shall be perm itted to donate m ore than four (4) days of leave per year to the pool unless m odified with the prior approval of the City M anager. (b) All donations of pool leave tim e m ust be in full-day increm ents based on the em ployee’s full-tim e, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). (c) D onations of pool leave tim e are irrevocable. (d) N o dollar value shall be placed on leave donations. All donations and all authorized usage shall be com puted as day for day. Attachment number 1 \nPage 28 Item # 9 Page 25 5. In order to be eligible to receive leave tim e from the joint leave pool, em ployees m ust have donated a m inim um of one (1) day to the joint leave pool with the past twelve m onths prior to m aking application for leave from the pool. N ewly hired em ployees shall be exem pted from the requirem ent to donate a m inim um of one day to the leave pool prior to requesting tim e from the leave pool for a period of one (1) year from the date of their em ploym ent with the City. 6. W hen pool leave tim e is authorized by the com m ittee for use by an em ployee, it shall be on a day-for-day basis, irrespective of whether the em ployee works an eight-hour or ten-hour shift. An em ployee using leave pool tim e 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 assignm ent pay, etc.). Pool leave tim e granted shall be lim ited to 60 days in any 12 m onth period for each pool leave tim e recipient, except that requests from the Union for tim e in excess of 60 days to be granted from the leave pool to a recipient m ay be approved at the sole discretion of the City M anager/designee. 7. Pool leave tim e not used in a given year by the em ployee receiving the donated pool leave tim e shall be returned to the leave pool and carried over to the next year. N o donated pool leave tim e will be refunded to the donor. Section 5. Funeral Leave A. Each em ployee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick/injury leave in the event of a death in the "im m ediate fam ily." “Im m ediate fam ily” shall be defined as the following m em bers: spouse, child, stepchild, m other, stepm other, father, stepfather, grandfather, grandm other, grandchild, brother, or sister of the em ployee or the em ployee’s spouse. B. Additional funeral leave for a death in the im m ediate fam ily m ay be granted with the approval of the Police Chief. C. Each em ployee shall be allowed up to two (2) consecutive work days at any one tim e for a death of a m em ber of the "extended fam ily" chargeable to sick/injury leave. "Extended fam ily" shall be defined as the following fam ily m em bers: stepbrothers, stepsisters; brother's wife; sister's husband or other fam ily m em ber living in the em ployee’s im m ediate household. Additional tim e, chargeable to sick/injury leave, m ay be granted with the approval of the Police Chief. D . An em ployee m ust attend the funeral in order to receive pay for a death in the fam ily. Attachment number 1 \nPage 29 Item # 9 Page 26 Section 6. Military Leave Any regular or probationary em ployee in the classified service being inducted or otherwise entering the arm ed forces of the United States in tim e of war, or pursuant to the Selective Service Act of 1948 as am ended, or of any other law of the United States, shall be granted m ilitary leave of absence without pay for the period of the m ilitary service required of him /her and on com pletion thereof, be reinstated in the City service in accordance with the following regulations: A. M ilitary leaves shall be granted in accordance with the provisions herein except where said provisions m ay be superseded by federal law: 1. For inductees, the m inim um period of tim e required to be served; 2. For enlistees in tim e of war, the period of the first m inim um enlistm ent, or for such additional period of tim e required to be served; 3. For reservists, the m inim um period of tim e required to be served. 4. For pre-induction physical exam ination when so ordered by a Selective Service Board,. tim e off shall be granted for the m inim um period necessary to com ply with such order but shall in no case exceed two (2) regularly scheduled work days; 5. For required active or inactive training duty as a m em ber of the Reserve Com ponent or the N ational G uard falling on the em ployee's regularly scheduled work days, the em ployee shall be allowed up to a m axim um of 240 hours per year without loss of seniority rights or efficiency rating. Absence from duty for required m ilitary reserve training in excess of 240 hours per year or for any non-required m ilitary reserve training for which the em ployee initially volunteered shall not be com pensated by the City. A copy of the em ployee's m ilitary orders certifying his/her training assignm ent shall be subm itted by the em ployee to the Police Chief im m ediately upon receipt by the em ployee. An em ployee who is required to attend m ilitary duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted tim e off without pay. The em ployee shall be required to provide tim ely notice to the City of such training assignm ents. Failure to provide any of the tim ely notices herein required of an em ployee's m ilitary orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. B. For the purpose of this Section, "arm ed forces" shall be defined to include: 1. The Arm y, N avy, M arine Corps, Air Force, Coast G uard and N ational G uard. 2. The auxiliary services directly necessary to and actually associated with the arm ed forces of the United States, as m ay be determ ined by the City. Attachment number 1 \nPage 30 Item # 9 Page 27 C. Application for reinstatem ent m ust be m ade within ninety (90) calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not m ore than one year. Such application shall be in writing to the H um an Resources D irector and shall be accom panied by evidence of honorable discharge or release. D . Upon return from m ilitary leave, the em ployee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her form er position, the em ployee shall be restored to such position or to a position of like seniority, status and pay; 2. If not qualified to perform the duties of his/her form er position by reason of disability sustained during such service but qualified to perform the duties of any other position in the em ploy of the City, the em ployee shall be restored to such other position, the duties of which the em ployee is qualified to perform , as will provide the em ployee with like seniority, status and pay, or the nearest approxim ation thereof consistent with the circum stances in his/her case. 3. In the event there exists no vacancy in the appropriate class and there is an em ployee in such class serving a probationary period who has not acquired regular status, then such probationary em ployee shall be laid off or returned to a form er position in which the em ployee had acquired perm anent status and the returning em ployee reinstated. 4. If a returning em ployee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the em ployee having been em ployed in the appropriate class for the shortest period of tim e shall be laid off or returned to a form er position in which he/she had acquired perm anent status and the returning em ployee reinstated. 5. A returning em ployee shall have the sam e status as prior to the beginning of his/her m ilitary leave. The em ployee shall be allowed to take any subsequently adm inistered exam inations after return that he/she would have been eligible to take had he/she not been on m ilitary leave and to com plete any uncom pleted period of probation. N o grievance shall be filed by any other em ployee in connection with this paragraph. 6. The em ployee shall subm it to such m edical and/or physical exam inations as the appointing authority shall deem necessary to determ ine whether or not such m ilitary service has in any way incapacitated him /her for the work in question; provided however, that as far as practicable any em ployee returning with disabilities shall be placed in such em ploym ent as the appointing authority shall deem suitable under the circum stances. 7. Any regular or probationary em ployee receiving a dishonorable discharge from the arm ed forces shall not be reinstated to any position in the City service. 8. An em ployee granted a m ilitary leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had rem ained on duty including cum ulative seniority, and except as otherwise provided in this Agreem ent, applicable Civil Service/Personnel Rules, or City benefit policies, all other benefits dependent on length of em ploym ent to the sam e extent as if the em ployee had not been absent on such leave. Attachment number 1 \nPage 31 Item # 9 Page 28 An em ployee returning from m ilitary service shall be reinstated to active City service at the earliest possible date following application for such reinstatem ent, consistent with the best interests of the City service and taking into consideration necessary adjustm ents of staff. H owever, in no event shall this period be m ore than thirty (30) calendar days. The City shall have the right as part of directing the em ployee's duties upon returning to work, to assign the em ployee to such training as is necessary in its judgm ent to ensure the em ployee's fam iliarity with job duties and knowledge. Section 7. Time Off A. An em ployee shall be granted necessary tim e off from his/her duties with pay for any of the following reasons when such tim e off does not in the judgm ent of the Police Chief interfere with the operations of the D epartm ent: 1. For participation in prom otional exam inations held by the City. 2. For serving on a jury. The em ployee shall be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. W hen directed by the City M anager or Police Chief to attend professional or other conventions, institutes, courses, safety m eetings or other m eetings, including in-service training or in-service m eeting. Em ployees who wish to attend career developm ent training m ay be granted tim e off from duty with pay to attend such training, however com pensation for such training shall be in accordance with Article 7, Section 8 of this Agreem ent. B. An em ployee m ay be granted tim e off without pay for attendance at m eetings other than those specified above or to attend to urgent personal business, provided that such em ployee shall request approval from the Police Chief in sufficient tim e to perm it the Police Chief to m ake arrangem ents therefor, and further provided that such tim e off will not affect the efficient operation of the D epartm ent in the sole and unlim ited discretion of the Police Chief. C. W ith the prior approval of the City M anager and Police Chief or his/her designee, and when the em ployee is acting in an official capacity on behalf of the City, an em ployee m ay be granted tim e off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, or em ployees or their spouses, or for m ilitary or fraternal funerals. Such tim e off m ay be granted with or without com pensation at the sole and unlim ited discretion of the Police Chief and the City M anager or their designees. For the above occasions only, the D epartm ent shall provide all expenses for up to a total of two designated H onor G uard m em bers from the D epartm ent, as well as transportation and fuel costs for any other H onor G uard m em bers perm itted to be released from duty in accordance with D epartm ent staffing requirem ents. Tim e off with com pensation under any of the provisions of this Agreem ent (including vacation and sick/injury leave) shall not be required to be m ade up. Attachment number 1 \nPage 32 Item # 9 Page 29 Section 8. Leave Without Pay A. A regular em ployee m ay, on written application therefor, be granted a leave of absence without pay upon the prior approval of the City M anager or his/her designee for any of the following reasons: 1. The physical or m ental disability of the em ployee; 2. The em ployee has announced his/her candidacy for public office; 3. The em ployee is entering upon a course of training and/or study for the purpose of im proving the quality of service to the City and/or of fitting him self/herself for prom otion in the classified service; 4. Extraordinary reasons, sufficient in the opinion of the City M anager, to warrant such leave of absence. 5. M aternity/child care leave in accordance with the City’s Fam ily and M edical Leave Act Policy to enable a parent to care for a newborn, newly adopted, or seriously ill child, provided however that if both parents are em ployees of the City, only one parent at a tim e m ay take m aternity/child care leave. B. Leave for any of the above reasons shall be subject to the following regulations: 1. Such leave shall not be granted for m ore than six (6) m onths, but m ay under the provisions of the paragraphs above be renewed upon written application therefore by the em ployee and approval of the City M anager. 2. An em ployee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her form er position on the expiration of leave, or if requested in writing by the em ployee and approved by the City M anager, before the expiration thereof. 3. In the event that it is determ ined by the City M anager that it would not be in the best interest of the City to restore such em ployee to his/her form er position or in the event that the form er position has been abolished in the m eantim e, the em ployee shall be placed at the head of the reem ploym ent list for the class or positions nearest approxim ating that in which he/she was em ployed im m ediately prior to such leave, provided the em ployee is physically and m entally qualified for such position. Should the nam es of two or m ore em ployees returning from leave be placed on the sam e reem ploym ent list, the nam es shall be arranged in order of seniority. Attachment number 1 \nPage 33 Item # 9 Page 30 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with A ppendix A . B. Rules for Adm inistering the Pay Schedule Em ployees in the bargaining unit shall be eligible for perform ance review on their prom otional anniversary date on an annual basis and considered for subsequent m erit step advancem ent based on satisfactory evaluations, except as provided elsewhere in the provisions of this Section. Em ployees in the top step in their respective range shall not be eligible for m erit increases; however, an annual perform ance evaluation shall be conducted on the em ployee's prom otional anniversary date. Eligibility for review for within pay schedule increases shall be as follows: Police Sergeants Step 1 – O riginal appointm ent Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Police Lieutenants Step 1 – O riginal appointm ent Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. C. Responsibility for Perform ance Evaluations Perform ance evaluations shall be based on a review of the em ployee's job perform ance and adherence to departm ental rules, regulations and procedures. Perform ance evaluations will be by the em ployee's im m ediate supervisor and reviewed by Police D epartm ent senior m anagem ent personnel and the office of the Police Chief. D . D enial of M erit Step Advancem ent and Effect Upon Advancem ent Em ployees who receive an evaluation on their prom otional anniversary date of less than Satisfactory shall not be granted a m erit step advancem ent on their prom otional anniversary date. Attachment number 1 \nPage 34 Item # 9 Page 31 Such em ployees m ay be reevaluated after three m onths, and if then rated satisfactory shall be granted a m erit step advancem ent on that date. The effective date of this increase shall be utilized for the purpose of determ ining subsequent annual m erit review dates. If the three-m onth followup rating is still less than satisfactory, the em ployee shall be reevaluated in another three m onths. If then rated satisfactory, the em ployee shall be provided a m erit step advancem ent as of the second three-m onth follow-up review. The effective date of this increase shall be utilized in the future as their prom otional anniversary date for the purpose of determ ining subsequent annual m erit review dates. If still rated less than satisfactory, no m erit step advancem ent shall be m ade and the em ployee will be evaluated on his/her regular prom otional anniversary date. E. Effective for the period from O ctober 1, 2012 through Septem ber 30, 2013, pay range m inim um s and m axim um s shall not be adjusted and em ployees shall not receive a general wage increase. Effective for the period from O ctober 1, 2012 through Septem ber 30, 2013, em ployees shall be advanced in Step as provided for in Section 1 of this Article. Em ployees who are allocated to their respective final Step and who are rated M eets Standards on their annual perform ance evaluation during the period from O ctober 1, 2012 through Septem ber 30, 2013 shall receive a lum p sum bonus equivalent to two-and-one-half percent (2.5% ) tim es their annual base rate of pay to be effective as of the date of the annual perform ance evaluation. Effective for the beginning of the payroll period that includes O ctober 1, 2013, pay ranges for all classifications shall be adjusted by 2.5% and the City shall provide a 2.5% general wage increase for all em ployees. Effective for the period from O ctober 1, 2013 through Septem ber 30, 2014, em ployees shall not be advanced in Step as provided for in Section 1 of this Article. The tim e period from O ctober 1, 2013 through Septem ber 30, 2014 shall not be counted toward any future Step advancem ent. Effective for the period from O ctober 1, 2014 through Septem ber 30, 2015, pay range m inim um s and m axim um s shall not be adjusted and em ployees shall not receive a general wage increase. Effective for the period from O ctober 1, 2014 through Septem ber 30, 2015, em ployees shall be advanced in Step as provided for in Section 1 of this Article. Em ployee’s who are allocated to their respective final Step and who are rated M eets Standards on their annual perform ance evaluation during the period from O ctober 1, 2014 through Septem ber 30, 2015 shall receive a lum p sum bonus equivalent to two-and-one-half percent (2.5% ) tim es their annual base rate of pay to be effective as of the date of the annual perform ance evaluation. Tim e counted toward step advancem ent shall com m ence from the date of the respective em ployee’s last Step advancem ent, shall exclude the period from O ctober 1, 2013 through Septem ber 30, 2014, and shall resum e O ctober 1, 2014. Any further step advancem ents after Septem ber 30, 2015 will be dependant upon and subject to negotiations in any successor Agreem ent. The City agrees that for the period from O ctober 1, 2012 through Septem ber 30, 2015, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal O rder of Police Clearwater Supervisor’s bargaining unit. This agreem ent does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit m em ber by an outside source. Attachment number 1 \nPage 35 Item # 9 Page 32 Section 2. Work Week and Overtime A. N orm al W ork W eek: The norm al work week for em ployees in the bargaining unit shall consist of forty (40) hours of working tim e. G enerally, the em ployee will work five (5) days of approxim ately eight (8) hours per day, or four (4) days of approxim ately ten (10) hours per day; however, the City and D epartm ent m ay otherwise establish and flex an em ployee's schedule as necessary in their judgm ent to best provide police services in an effective and efficient m anner. N o em ployee shall be sent hom e prior to the end of his/her regularly scheduled shift for the purpose of denying overtim e pay; nor shall any em ployee have his/her work schedule altered in an arbitrary or capricious m anner. B. O vertim e: Em ployees shall be required to work overtim e when scheduled or ordered by com petent authority. Em ployees shall be paid tim e and one-half their regular rate for all hours worked after the em ployee has actually worked forty (40) hours in that work week. O nly hours actually worked will count as hours worked for the purpose of com puting overtim e pay, unless otherwise specifically provided in this Agreem ent. Section 3. Compensatory Time Allowance Em ployees will be perm itted to request to be granted com pensatory tim e in lieu of overtim e paym ent, up to a m axim um cum ulative accrual of 120 hours of com pensatory tim e. At no tim e m ay an em ployee's total accrual of com pensatory tim e exceed 120 hours. Com pensatory tim e accrual will be at tim e and one half for each hour selected in lieu of prem ium overtim e paym ent. Requests to use com pensatory tim e shall be m ade to the em ployee's im m ediate supervisor. Com pensatory hours off shall be considered as hours worked in com puting overtim e under this Article. Paym ent for com pensatory hours will be m ade for all tim e exceeding the 120 hour lim it, or for any hours when requested in writing by an em ployee. Em ployees shall be paid for all com pensatory tim e upon separation from City service. Section 4. Shift Differential Em ployees shall be entitled to shift differential pay as follows: A. For purposes of com puting shift differential pay, the following shift series and paym ents are established: Shift Series No. Hours Payment Per 14 Day Period 100 2400-0700 7% 200 0700-1600 0% 300 1600-2400 5% The shift differential paym ents shall be com puted as a percentage of the em ployee's base pay. Attachment number 1 \nPage 36 Item # 9 Page 33 B. An em ployee's shift differential shall be determ ined by the shift series into which the m ajority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending tim e of the em ployee's shift. Tem porary shift or duty assignm ents of less than fourteen (14) calendar days shall not entitle an em ployee to shift differential pay. Em ployees shall m aintain shift differential pay during tem porary Series 200 shift or duty assignm ents of less than fourteen (14) calendar days. C. Shift differential pay shall be paid to any em ployee regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid tim e off. Section 5. Standby Pay A. Standby, other than court standby, for the purpose of this Section shall occur when the Police Chief or his/her designee places an em ployee on standby status and requires that the em ployee provides a telephone num ber at which he/she can be reached for the purposes of a Telephone Alert situation. B. An em ployee assigned to standby will receive a flat fee of: $15.00 per night, M onday through Friday (except H olidays) $30.00 per night for Saturday, Sunday, or any H oliday listed in Article 8, Section 1, Paragraph A of this Collective Bargaining Agreem ent. C. O nly the Police Chief or his/her designee m ay place an em ployee on standby. This Section will only apply to Telephone Alert situations. Section 6. Recall Pay Any em ployee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or m ore than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a m inim um of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an em ployee to perform needed work after the em ployee’s regular shift ends and the em ployee has already left the job or on a weekend, holiday, or other equivalent period during which the em ployee would not otherwise have worked and shall include any duty, detail, response to a lawful order for which the em ployee can be disciplined for his/her failure to com ply. Recall specifically excludes court appearances. Police officers will be paid only for the actual tim e worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtim e. Any em ployee recalled while on vacation shall be paid at tim e and one-half for all hours worked on the recall assignm ent. Section 7. Acting Pay If an em ployee is assigned to act in a higher classification for m ore than two (2) consecutive com plete payroll calendar work weeks (Saturday through Friday), the em ployee shall receive five (5) percent above the em ployee’s base pay retroactive to the date the em ployee assum ed the Acting status. W hen a bargaining unit em ployee is designated to serve in an acting capacity as a Police Captain, such em ployee shall rem ain eligible to receive shift differential pay, overtim e, and assignm ent pay. Any provisions of this Agreem ent which restrict the City's ability to schedule hours of work or shifts shall not apply. Attachment number 1 \nPage 37 Item # 9 Page 34 Section 8. Job Assignment Pay A. Sergeants who are assigned to the Crim inal Investigations D ivision, O ffice of the Chief, Support Services D ivision, Traffic Unit, and the Field Training and Evaluation Program shall be granted job assignm ent pay at 5% over the em ployee’s current base rate of pay. Lieutenant who are assigned to the Crim inal Investigations D ivision, O ffice of the Chief, Support Services D ivision, D istrict Com m anders, Special O perations, and the Field Training and Evaluation Program shall be granted job assignm ent pay of 5% over the em ployee’s current base rate of pay. B. Sergeants who are assigned to Com m unity Policing Squads, M obile Com m and Center operator, Patrol Support Supervisor, SW AT Team , Canine O fficer, Crim e Scene Photographer, or Traffic H om icide Investigator shall be granted job assignm ent pay of the following am ounts in addition to the em ployee’s current base rate of pay: O ctober 1, 2012 through Septem ber 30, 2015 -$40 per payroll period C. An em ployee m ay participate in m ore than one Job Assignm ent but m ay not receive m ore than one Job Assignm ent Pay differential from group (A) above nor m ore than one Job Assignm ent Pay differential from group (B) above, but m ay receive one Job Assignm ent Pay differential from group (A) above in addition to one Job Assignm ent Pay differential from group (B) above. Bargaining unit m em bers designated as certified Bi-Lingual in accordance with departm ent specifications shall be provided $50.00 per payroll period in addition to the em ployee’s current base rate of pay over and above the assignm ent pay differentials listed above. D . The above referenced assignm ents shall be m ade at the discretion of the Police Chief from a list of interested candidates who have been determ ined to be qualified for such based on criteria developed by the D epartm ent. The num ber and duration of such assignm ents m ay vary and shall be at the discretion of the D epartm ent. Should reduction of the num ber of em ployees in an assignm ent be necessary, such reduction shall be based upon the bargaining unit seniority of the em ployees in the affected assignm ent. Section 9. Canine Assignment A. Em ployees covered by this Agreem ent who are assigned as canine officers shall norm ally work for seven hours and fifteen m inutes per work day for five (5) days per week on regular duty with or without their canine(s). O n those regular work days, they shall also be credited with forty-five m inutes work tim e for tim e in the care and handling of their canine(s). This tim e shall be the custom ary and average am ount of tim e spent by a canine officer on a duty day. O n the officers' days off from regular duty, they shall be credited with 30 m inutes of work tim e for tim e in the care and handling of their canine(s). Such tim e shall be based on their regular rate of pay and shall be paid at straight tim e or an overtim e rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and m aintenance are reduced. B. Advance approval shall be required from the appropriate Police Captain or higher level m anager before a canine officer can work any additional overtim e in care and m aintenance activities. Attachment number 1 \nPage 38 Item # 9 Page 35 C. N o work tim e is to be used by an officer to prepare or train for participation in canine dem onstrations or com petitions, except as scheduled by the D epartm ent in accordance with standard operating procedures established by the D epartm ent and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers m ay be scheduled to attend dem onstrations or com petitions. Tim e involved in dem onstrations or com petitions shall be lim ited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. D ue to the scheduling of dem onstrations or com petitions, hours and/or days of work are subject to adjustm ent to m eet the circum stances at hand. D . Assignm ent and the rem oval of assignm ent as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignm ent as authorized by the Police Chief or his/her designee. E. All D epartm ent Standard O perating Procedures relating to canine use, care, m aintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective O ctober 1, 2012 to Septem ber 30, 2015, a m onthly allowance of $125.00 shall be provided for each dog kept at the em ployee’s hom e for supplem ental food, m edical groom ing, pest control, and related needs associated with care of the canine. Section 10. Court and Standby Time Any em ployee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a m atter arising out of the course of his/her em ploym ent shall receive a m inim um of three (3) hours pay if such attendance is during the em ployee's regularly scheduled tim e-off. This provision shall also apply when the em ployee is subpoenaed or otherwise required to appear at the State Attorney's O ffice, Public D efender's O ffice, private attorney's office, or D river License hearing in a crim inal, traffic, or civil case arising from the em ployee's course of em ploym ent. W hen an em ployee is subpoenaed or otherwise required to appear at the State Attorney’s O ffice at the Police D epartm ent during his/her regularly scheduled tim e off, the em ployee will receive a m inim um of two (2) hours pay. All tim e paid for any court attendance will count as tim e worked toward the calculation of overtim e. Travel tim e outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or H illsborough counties is not com pensable. Travel tim e outside of required scheduled work hours in response to subpoenas outside of Pinellas, Pasco, or H illsborough counties will be paid in accordance with FLSA regulations. The three-hour m inim um does not apply if prior to the end of the three-hour period: (a) The em ployee reports for duty. Standby pay stops at the tim e the em ployee reports for duty or court. (b) If the em ployee is notified to report to court at a future tim e, the em ployee receives standby pay for the three-hour m inim um or actual tim e in excess of three hours. Court tim e starts at the em ployee’s scheduled appearance tim e (with the exception of being late). Standby tim e shall be excluded from hours worked com putations. Attachment number 1 \nPage 39 Item # 9 Page 36 Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following com pensation to any em ployee injured in the line of duty in accordance with the following definitions, term s, and conditions: (a) Line-of-D uty Com pensation shall be payable under this Section only with respect to disability as the result of injury to an em ployee where such injury is incurred in the line of duty. (b) An injury shall be deem ed to have been incurred in the line of duty if and only if such injury is com pensable under the Florida W orker's Com pensation Law. (c) The am ount of line-of-duty com pensation paid shall be the am ount required to supplem ent funds received from the Florida W orker's Com pensation Law and any other disability or other incom e plan provided by the City, either by law or by agreem ent, to the point where the sum of the line-of-duty supplem ent herein provided and all other paym ents herein described equal the em ployee's regular rate of pay at the tim e of the injury. Regular rate of pay for workers' com pensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d) N o line-of-duty com pensation under this Section shall be allowed for the first seven (7) calendar days of disability; provided however, that if the injury results in disability of m ore than twenty-one (21) calendar days, line-of-duty com pensation shall be paid from the com m encem ent of the disability. In such case, the sick/injury leave taken by the em ployee will be credited back to the em ployee's accrued sick/injury leave account. (Changes in workers' com pensation law will m odify this paragraph accordingly.) Em ployees shall be required to utilized accrued paid leave tim e to supplem ent funds received from the Florida W orkers Com pensation Law in order to m aintain a paid status. Em ployees shall be perm itted to utilize accrued paid leave tim e only in the am ount necessary to supplem ent funds received from the Florida W orkers Com pensation Law in order to equal the em ployee’s regular rate of pay at the tim e of the injury. (e) The term disability as used in this Section m eans incapacity because of the line-of-duty injury to earn in the sam e or any other em ploym ent the wages which the em ployee was receiving at the tim e of the injury. (f) It is the intent of this Section to provide supplem ental com pensation for line-of-duty injuries only, and this Section shall not be construed to provide com pensation in the event of death or injury incurred in any m anner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on the active status. Any tim e taken off for follow-up doctor visits or therapy due to a line-ofduty injury when coordinated through established Risk M anagem ent procedures shall not be charged to the em ployee’s sick leave and shall be considered as tim e worked. In the event of any dispute or disagreem ent concerning the interpretation of this Section, then the decisions concerning definition of the term s of this Section issued under the Florida W orker's Com pensation Law shall control. Attachment number 1 \nPage 40 Item # 9 Page 37 (g) The City shall have the right to require the em ployee to have a physical exam ination by a physician of its choice prior to receiving or continuing to receive com pensation under this Section. (h) Failure to report a line-of-duty injury to the em ployee's im m ediate supervisor, or to the Risk M anagem ent D ivision within twenty-four (24) hours of the tim e of occurrence of the injury shall result in a loss of all line-of-duty pay under Article 13 unless such failure to report was: (a) caused solely by and as a direct result of the em ployee's injuries or (b) resulted from the occurrence of an event over which the em ployee had no control in the opinion of the City M anager. It shall be the em ployee's responsibility to prove the injury occurred while on duty. (i) Any provisions of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the term s of the Florida W orkers' Com pensation Law (Chapter 440, Fla. Statutes), the Florida Rules of W orkers' Com pensation Procedure (Fla. R. W ork Com p. P), Florida D epartm ent of Labor and D ivision of W orkers' Com pensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniforms and Plain-Clothes Allowance A. Uniform s: The City shall continue to provide the uniform s and equipm ent currently provided by the City, except that the City m ay m ake changes in styles or update equipm ent as it deem s appropriate. B. Plain-Clothes Allowance: Em ployees assigned to positions outside the uniform patrol division and who are not issued uniform s or other clothing by the departm ent shall receive a plain-clothes allowance of $900 each year for Fiscal Years 2012/2013, 2013/2014, and 2014/2015. Plain-clothes allowance shall not be paid to em ployees on tem porary or rotational assignm ents. C. Persons transferred to plain-clothes duty shall be perm itted to retain at least one uniform . D . The City m ay determ ine the m ost appropriate way to pay uniform allowance; e.g., biweekly, m onthly, quarterly, annually. Further, the City m ay change the m anner in which the allowance is paid provided that em ployees are given not less than thirty (30) days' notice of the change and that the change does not reflect a reduction in the annual am ount to be paid. Section 13. Tuition Refund Program M em bers of the bargaining unit shall be entitled to reim bursem ent for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an am ount of $1,500 per fiscal year for the period from O ctober 1, 2012 through Septem ber 30, 2015, subject to m eeting the approval and eligibility requirem ents of the City's program . H owever, the City shall reim burse up to $1,800 per year for tuition fees of approved courses in a M aster’s D egree level program for the sam e period. Attachment number 1 \nPage 41 Item # 9 Page 38 Em ployees in the bargaining unit m ust execute an Agreem ent to repay to the City any am ount of Tuition Refund exceeding $650.00 reim bursed in a fiscal year period should such em ployee separate from the City within two (2) years of receipt of reim bursem ent. In the event that an em ployee separates from the City by retirem ent and opts to receive an extended sick/injury leave benefit, separation for the purpose of repaym ent of tuition refunds shall date from the em ployee's last actual work day and not the effective date of retirem ent. ARTICLE 10 INSURANCE The City agrees to m eet with the Union and other City of Clearwater Unions' representatives to review the health and life insurance program s for the purpose of reducing the cost of such program s for the City and the em ployees. The City further agrees to provide the Union with such inform ation as it has available as would be required to form ulate such a benefit package and to cooperate with the F.O .P. to obtain pertinent inform ation from the present carrier and the insurance consultant. Any inform ation received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the first year of the agreem ent, the City shall contribute toward the m edical insurance prem ium s for em ployees and their dependents in the am ount approved for the plans approved by the City Com m ission. The City agrees to m aintain the current Benefits Com m ittee recom m endation process culm inating in final action by the City Com m ission to determ ine m edical insurance prem ium s for em ployees and their dependents for the duration of this Agreem ent. The City further agrees that during the life of the agreem ent, the City will m ake available to em ployees the option of at least one health insurance plan for which the City shall pay 100% of the prem ium for the em ployee only base benefit plan cost, it being understood that such base plan m ay provide a different level of benefit than that which is currently provided. Additional coverage for the fam ily or spouse, as well as any enhancem ents or “buy ups” to the base plan will continue to be paid for by the em ployee. The City agrees to continue to pay the prem ium s for group life insurance valued at a m inim um of $2,500 per em ployee. Effective April 1st, 2007, the City shall no longer perm it any new enrollm ent in the 1% Life Insurance Program . Bargaining unit em ployees who are enrolled as of April 1st, 2007 m ay continue to participate provided they m aintain their participation on a continuous basis thereafter. Any em ployees who currently participate and choose to discontinue their enrollm ent will not be perm itted to re-enroll in this benefit again at a later date. All life insurance prem ium contributions and plans currently in force shall continue for the duration of this Agreem ent. The selection of an insurance com pany shall be of the em ployee’s choice from the com panies offered by the City as approved by the Insurance Com m ittee. Attachment number 1 \nPage 42 Item # 9 Page 39 ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. N o em ployee who has successfully com pleted his/her probation period or extended probationary period as a Police Sergeant or Police Lieutenant shall be dem oted, suspended or dism issed without just cause. All discipline will be for just cause and consistent with due process. Em ployees have a right to Union representation at any tim e they believe a m eeting m ay lead to disciplinary action. The City, the Union or the em ployee m ay use any work history m aterial as evidence to support or oppose a suspension or dism issal.. Section 2. An em ployee m ay also be issued a non-disciplinary “Em ployee N otice” by his/her D ivision H ead. Prior to an Em ployee N otice being placed in an em ployee's file, a Police Sergeant will have the right to confer with the D ivision H ead and a Police Lieutenant will have the right to confer with the D eputy Chief regarding the proposed Em ployee N otice. The Em ployee N otice will be retained in the em ployee’s D epartm ent file. At the end of two (2) years, if there is no reoccurrence, the Em ployee N otice will not be used for any future disciplinary action. The Em ployee N otice will be m aintained and/or rem oved form the file in accordance with the State of Florida public records law. Section 3. Perform ance, behavior m anagem ent, and disciplinary procedures shall be found in the current Police D epartm ent SO P’s and G eneral O rders 211, 212, and 213. The City will notify the Union of any proposed change to the system of discipline or perform ance m anagem ent. The Union will within a reasonable am ount of tim e notify the City in writing of the specific im pact of the proposed change and the intent of the Union to bargain the im pact of the change to the system . Proposed changes will be consistent with sound personnel practice and m ay be im plem ented by the City provided that m andatory and perm issive bargaining requirem ents have been m et. The Police D epartm ent and the Union will continue the practice of Labor M anagem ent m eetings to resolve these types of issues. The City acknowledges the right of the em ployee or Union to grieve the application of the process or the application of any individual perform ance or behavior m anagem ent standards. Section 4. The City will continue its current practice of allowing the affected em ployee to give a brief oral statem ent to an accident review board. Attachment number 1 \nPage 43 Item # 9 Page 40 ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or im pairm ent on the job poses risks to the em ployer, the affected em ployee and coworkers. All bargaining unit em ployees will be fully inform ed of the em ployer's for cause drug testing policy before testing is adm inistered. Bargaining unit em ployees will be provided with inform ation concerning the im pact of the use of drugs on job perform ance. Police Captains and other m anagem ent personnel will be trained to recognize the sym ptom s of drug abuse, im pairm ent and intoxication. The City will perm it two em ployees selected by the Union to attend such training class on City tim e. Section 2. Citys Drug and Alcohol Program Policy A. The City’s D rug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be m ade as revisions to laws or regulations of state or federal governm ent or agencies deem perm issible. Union representatives will be furnished with copies of the policies upon such revision. W henever the City or the Union proposes to am end or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed am endm ents or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed am endm ents or changes in accordance with the law and the term s of this agreem ent. B. References to CD L and “safety-sensitive” em ployees and positions shall not apply to F.O .P. bargaining unit m em bers unless required by law. As such, F.O .P. bargaining unit m em bers shall not be subject to the following provisions of the City D rug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Section 3. Drug Testing Upon Designated Assignments A. Bargaining unit m em bers shall, when assigned to the Vice & Intelligence Unit, have a drug test adm inistered. Additionally, such bargaining unit m em bers shall have an annual drug screening as part of their annual physical. W hen an em ployee tests positive on the screening test, the sam ple shall be subm itted for a confirm ation test. 1. The drug screening will be perform ed utilizing urine sam ples unless the em ployee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood sam ples shall be drawn or collected at a City-designated facility. 3. All testing shall be done by a laboratory certified by N ID A. Attachment number 1 \nPage 44 Item # 9 Page 41 B. Assignm ent to Vice & Intelligence or rem oval from sam e shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirm ation findings. C. In the event that a Vice & Intelligence officer was required, as a course of his/her em ploym ent to im bibe in alcoholic beverages or ingest secondhand m arijuana, hashish, crack, cocaine sm oke, or sm oke from any other controlled substance, within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT Section 1. Em ployees shall participate in either the City Pension Plan or the Federal Social Security program as established by provisions of those program s. Should the City subsequently establish an alternate plan to the existing City Pension Plan which is m ade available to City em ployees in the City Pension Plan, bargaining unit m em bers m ay elect to convert to the alternate plan consistent with the provisions of the conversion procedure. Section 2. Retirement Advancement A. The City and the Union agree that prior to retiring an em ployee m ay use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the em ployee’s date of retirem ent. B. The em ployee will be considered a regular em ployee for service credit to the pension plan. The City and the em ployee will continue to contribute to the pension plan. C. D uring the period of “retirem ent advancem ent”, the em ployee will not be eligible to receive or accrue any benefits except retirem ent credit. The benefits that will stop include, but are not lim ited to, vacation and sick leave accrual, insurance prem ium paym ents, workers’ com pensation, allowances, reim bursem ents, and special paym ents of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-tim e City em ploym ent and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreem ent. Seniority in rank will be utilized to determ ine vacation selection, selection of floating holidays, and for bidding for shift assignm ents, provided that skills and qualifications are substantially equal and except as provided in Section 2 hereof. Section 2. Bargaining unit m em bers shall be perm itted to bid shift assignm ents by seniority in rank but the D epartm ent reserves the right, based on its determ ination of operational dem ands to ensure that officers with specialized skills are appropriately deployed am ong the shifts and to ensure that officers with lim ited tenure in their job classification are distributed relatively evenly am ong the shifts. The D epartm ent reserves the right to designate up to four field training supervisors which will be distributed as follows: Attachment number 1 \nPage 45 Item # 9 Page 42 1. O ne FTO supervisor perm anently assigned to an FTO team in D istrict II 2. O ne FTO supervisor perm anently assigned to an FTO team in D istrict III 3. Two “floating” FTO supervisor positions allocated to the regular patrol shift bid assignm ents and specialty assignm ents. 4. N o m ore than one FTO Sergeant will be perm itted to occupy the m idnight relief shift at any given tim e. Bargaining unit m em bers who are selected for FTO supervisor assignm ents shall be perm itted to bid am ong them selves by seniority in rank for the FTO supervisor assignm ents. Patrol Sergeants who are in special duty assignm ents such as Com m unity Policing, Traffic Section, Cam era Program Supervisor, or the Special O perations Section are not included in the bidding process. An em ployee who is placed on light or restricted duty shall have bidding rights for shift assignm ents, but has no assurance of the assignm ent until he/she resum es full duty status. The Chief of Police m ay reassign any officer when such reassignm ent is in the best interest of the Police D epartm ent. Such reassignm ent shall be with proper justification. Section 3. An em ployee shall lose his/her status as an em ployee and his/her seniority if the em ployee: (a) resigns or quits; (b) is discharged or term inated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within ten (10) calendar days after being notified to return by certified m ail addressed to his/her last address filed with the H um an Resources D epartm ent; (e) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the D epartm ent, except where the failure to notify and work is due to circum stances verified as being beyond the control of the em ployee and which are acceptable to the City. Section 4. In the event that the City determ ines layoffs are necessary, all em ergency, tem porary, provisional or probationary em ployees shall be laid off before any regular status em ployee serving in the sam e class. If reduction in force requires further layoffs, the order of such layoffs shall be determ ined by seniority in rank.. An em ployee who is in a position that is subject to layoff shall have the option to revert to the position held within the Police D epartm ent prior to prom otion to his/her current position, or to another sworn position of lower classification within the Police D epartm ent for which he/she is qualified. If this m ovem ent requires further reduction in force, the applicable bargaining agreem ent for the affected em ployees shall govern. N o new em ployee shall be hired or prom oted to the classifications of Police Sergeant or Police Lieutenant until all Police Sergeants and/or Lieutenants on layoff or dem oted from those ranks in lieu of layoff have been given an opportunity to return to work in their form er Police Sergeant or Police Lieutenant position and seniority date, provided that after one year of layoff such em ployees shall cease to accrue seniority and that such reem ploym ent rights shall cease after two years from the date of layoff. Attachment number 1 \nPage 46 Item # 9 Page 43 ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreem ent shall be effective as of the start of the payroll period that includes O ctober 1, 2012, and shall continue in full force and effect until the thirtieth day of Septem ber, 2015. At least one hundred twenty (120) days prior to the term ination of this Agreem ent, either party hereto shall notify the other, in writing, of its intention to m odify, am end or term inate this Agreem ent. Failure to notify the other party of intention to m odify, am end or term inate, as herein above set forth, will autom atically extend the provisions and term s of this Agreem ent for a period of one (1) year, and each year thereafter absent notification. IN W ITN ESS W H EREO F, the parties hereto have hereunder set their hands and seals this day of , 2012. ATTEST: CITY O F CLEARW ATER, FLO RID A ______________________________ By _________________________________ Cynthia E. G oudeau, City Clerk W illiam B. H orne II, City M anager Approved as to form and correctness: Countersigned: ______________________________ ___________________________________ Pam ela K. Akin, City Attorney Frank Hibbard, M ayor FLO RID A STATE LO D G E FRATERN AL O RD ER O F PO LICE Supervisors Bargaining Unit W ITN ESSES: _____________________________ By_________________ _______________ Lieutenant D aniel Slaughter, President Clearwater Supervisors Bargaining Unit _____________________________ By________________________________ Paul J. N oeske, Staff Representative Florida State Lodge, Fraternal O rder of Police Attachment number 1 \nPage 47 Item # 9 i APPENDIX A POLICE SERGEANT PAY RANGE A-10 Step O ctober, 2012 Biweekly O ctober, 2013 Biweekly 1 $2,335.27 $2,393.65 2 $2,428.69 $2,489.40 3 $2,525.80 $2,588.95 4 $2,626.84 $2,692.52 5 $2,731.92 $2,800.22 6 $2,841.20 $2,912.23 7 $2,954.85 $3,028.72 8 $3,073.04 $3,149.87 POLICE LIEUTENANT PAY RANGE A-20 Step O ctober, 2012 Biweekly O ctober, 2013 Biweekly 1 $2,832.95 $2,903.77 2 $2,946.28 $3,019.93 3 $3,065.30 $3,141.94 4 $3,187.91 $3,267.61 5 $3,315.43 $3,398.31 6 $3,448.04 $3,534.24 7 $3,585.97 $3,675.61 Attachment number 1 \nPage 48 Item # 9 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the agreements reached by the City with Communications Workers of America Local 3179 and Fraternal Order of Police Officers and Supervisors bargaining units for proposed changes to the City Employees’ Pension Plan; authorize the development of an actuarial impact statement by the City’s actuary and subsequent submittal to the Florida State Division of Retirements for review of same. (consent) SUMMARY: Changes to the current City Employees’ Pension Plan benefit provisions are being sought by the City due to significant increases in the City's required pension contribution levels from fiscal year 2000 to present. During that period of time, the City's actuarially determined required contribution has increased from seven percent of covered payroll (approximately four million dollars) to almost twenty-five percent of covered payroll (approximately eighteen million dollars). These cost are projected by the City’s actuary to continue to increase during the next five years. The City initiated collective bargaining regarding proposed changes to the City Employees’ Pension Plan with the Fraternal Order of Police bargaining unit and with Communications Workers of America Local 3179 in February and March of 2011, respectively. In October of 2011, the parties began discussions regarding new collective bargaining agreements in conjunction with the negotiations over proposed changes to the Pension Plan. At this time, the Fraternal Order of Police Supervisors bargaining unit also entered into negotiations with the City. On December 6, 2011, the City reached tentative agreements with both FOP bargaining units, and on December 15, 2011 the City reached a tentative agreement with CWA, to include the proposed Pension Plan changes as part of a package deal that included new three-year contracts for each bargaining unit. The proposed Pension Plan changes were submitted by the respective Unions to their bargaining units, which ratified the agreements. The agreements by the parties, if ultimately approved by voter referendum, would result in changes to the following City Employees’ Pension Plan provisions: For CWA and non-sworn FOP employees not eligible to retire as of the effective date: The normal form of benefit would be a life annuity and the monthly pension amount would be reduced if a payment option that includes a beneficiary is elected. Any overtime and additional pays accrued for years of service after the effective date of the change would not be included in pensionable earnings. The 1.5% Cost-of-Living Adjustment would be delayed for five years after the date of retirement for all pensionable earnings after the effective date of the change. The disability pension amount would be reduced from 66 2/3% to 42% of salary if meeting the disability criteria of the Plan. For CWA and non-sworn FOP employees hired after the effective date: In addition to the changes for existing employees, the pension calculation multiplier will be reduced from 2.75% to 2.0% and employees will be required to work until age 60 and have at least 25 years of service. For sworn FOP employees not eligible to retire as of the effective date: The employee pension contribution would be increased from 8% to 10% of salary. Cover Memo Item # 10 Any overtime exceeding 300 hours per year accrued for years of service after the effective date of the change would not be included in pensionable earnings. There would be no Cost-of-Living Adjustment for all pensionable earnings after the effective date of the change. For all CWA and FOP employees: Employees could choose to receive 10%, 20%, or 30% of their total pension benefit in a one-time lump sum payment directly upon retirement. Employees would be permitted to return to full-time employment with the City in a different job classification and would participate in Social Security while receiving their pension benefit. Employees would be able to name a beneficiary and choose their benefit payment option at any time up to retirement. These changes, if approved, are expected to result in an immediate annual reduction of the City's Pension contribution of 4.9 Million dollars, and a savings over the next 30 years of approximately 400 Million dollars. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve a ten (10) year Joint Land Utilization Agreement with the School Board of Pinellas County, Florida, from January 1, 2012 through December 31, 2022, to provide an outdoor recreation complex consisting of tennis courts, playground and basketball courts at the southeast corner of Russell Street and Douglas Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The School Board of Pinellas County (Board) owns land adjacent to Clearwater Intermediate School, which the City has leased since February 16, 1972 and used as a neighborhood recreation site known as the Martin Luther King Recreation Complex. The lease expired on December 31, 2011. The City and Board desire to continue a relationship to provide an outdoor recreation complex at this site and accordingly would like to enter into a Joint Land Utilization Agreement to allow the City to continue to operate the tennis courts, playground and basketball courts on this site. The community center is not part of this Agreement, as the City has no future use for it. There is no cost to the City for use of the property, but will be responsible for maintaining the property, including all structures and recreation components in a safe and presentable manner. There will be no additional costs associated with maintaining the property as the City already maintains the area. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 11 Neevia Document Converter Pro v6.1 Item # 11 Neevia Document Converter Pro v6.1 Item # 11 Neevia Document Converter Pro v6.1 Item # 11 Neevia Document Converter Pro v6.1 Item # 11 Neevia Document Converter Pro v6.1 Item # 11 Attachment number 2 \nPage 1 Item # 11 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Award a contract (purchase order) to Pinellas Pools, Inc. of Holiday, Florida, Bid 08-0020-PR-B for maintenance and refurbishment of the pools located at the North Greenwood Recreation and Aquatics Center (NGRAC) and the Clearwater Beach Recreation and Aquatics Center (CBRAC) for $177,672, which includes a 10% contingency; approve the transfer of $83,672.00 from various Parks and Recreation CIP maintenance projects highlighted in this item to Swimming Pool Renovations and Repairs CIP 315-93271 at midyear and authorize the appropriate officials to execute same. (consent) SUMMARY: The Council has established and approved annual CIP funding for several maintenance projects including the Swimming Pool Renovations and Repairs CIP 315-593271. Part of the scope for this project is to provide long term maintenance such as pool resurfacing and repair of gutters, tile and decking at the city pools. This year the pools at NGRAC and CBRAC are in need of resurfacing and miscellaneous tile repairs. This contract will provide for the needed repairs to the tiles as well a marciting for the pools. Normally repairs are spaced out so that the available balance of funds in CIP 315-93271 is sufficient however, repairs are needed at both pools during this off season so staff is requesting that the following funds be transferred at mid-year to cover the shortage. 315-93229 Tennis Court Repair and Resurfacing $25,000 315-93230 Playground Replacement $25,000 315-93604 Boardwalk and dock repair $25,000 315-93262 Fence Replacement $ 8,672 The transfer of funds from these projects will not impact the various maintenance projects planned for this year. Funds will be replenished in future years from future swimming pool repair money. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: Yes Budget Adjustment Comments: Funds from other CIP maintenance projects will be transferred to cover the shortage. These funds will be repaid from future allocations to Pool Repair CIP that will not be required. Current Year Cost: $177,672 Annual Operating Cost: -0-Not to Exceed: $177,672 Total Cost: $177,672 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 315-93229 $25,000 315-93230 $25,000 315-93604 $25,000 315-93262 $8,672 315-93271 $94,000 Cover Memo Item # 12 Bid Required?: Yes Bid Number: 08-0020-PR-B Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Neevia Document Converter Pro v6.1 Item # 12 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Award a Contract (Purchase Order) to Trane of Tampa, FL for one Air Cooled Rotary Water Chiller in the amount of $154,304.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances -Other governmental bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: This chiller will be purchased through GSA Contract GS-07F-0248K and quote dated December 8, 2011. This chiller replaces the original chiller installed at the Main Library. The original chiller has severe rust problems and the compressor is showing signs of reaching the end of its useful life. The new chiller will have the proper coatings on the Condenser Coil and Internal/External Cabinet to prevent premature rust and comes with a 10-year warranty against rust. The installation of the chiller will be bid under separate heading and a different Company will perform the installation work. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 315-94510 $154,304.00 Air Conditioning Replacement Project Bid Required?: No Bid Number: Other Bid /Contract: GSA Contract # GS-07F-0248K Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 13 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Award a Contract (Purchase Order) for $178,948.00 to Tampa Truck Center of Tampa, FL for one Freightliner M2 CNG Chassis with Nu Life Model Brush Hawg Grapple Loader in accordance with Sec. 2.564(1)(d), Code of Ordinances -Other governmental bid; authorize lease purchase of $178,948.00 under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Freightliner Chassis and Body will be purchased through the State of Florida Term Contract 070-700-11-1, specification 070-700-312 and quote dated October 6, 2011. The Jaws Truck will replace G2220, 2000 GMC Jaws Truck with 87,370 miles. The cost to upgrade the chassis to CNG is $29,091. The payback for the upgrade cost based on 2,344 gallons at $1.22 difference in cost is 10 years. This truck will have a life of 12 years. The truck is included in the Garage CIP Replacement Fund and the budget amount is $125,000. The difference between the actual and budgeted amounts will be paid from savings in the Garage Replacement Fund. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $37,221.18 Annual Operating Cost: $19,037.85 Not to Exceed: Total Cost: $56,259.03 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0316-94234-564100-0000 $178,948.00 L/P CIP Bid Required?: No Bid Number: Other Bid /Contract: State of Florida Term Contract 070-700-11-1 Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 14 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Award a Contract (Purchase Order) to Rush Truck Center of Tampa, FL for two Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader and Compressed Natural Gas Engine in the amount of $557,441.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances -Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Peterbilt Labrie automated side loader will be purchased through the Florida Sheriff's Association and Florida Association of Counties Contract 11-19-0907, Specification 51 and quote dated December 19, 2011. The trucks will replace G2418, 2001 Peterbilt with 73,299 miles and G3213, 2006 Peterbilt with 54,225 miles. G2418 was included in the Garage CIP Replacement List for Budget Year 2011/2012. G3213 replaces G2773 on the Garage CIP List due to structural failures that cannot be repaired. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $115,947.73 Annual Operating Cost: $47,196.00 Not to Exceed: Total Cost: $163,143.73 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0316-94234-564100-519-000 $557,441.00 L/P CIP Bid Required?: No Bid Number: Other Bid /Contract: Florida Sheriff's Association bid #11-19-0907 Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 15 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, Florida for the East Plant Anoxic Tank Rehabilitation Project (09-0007-UT), increasing the contract amount by $462,887.68 for a new contract total of $1,724,434.78 and a time extension of two hundred thirty eight (238) days; approve a Supplemental Work Order to Engineer of Record (EOR) Jones Edmunds in the amount $74,100.00 for additional Construction Engineering Inspection (CEI) and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 3, 2011, City Council awarded a contract in the amount $1,261,547.10 to TLC Diversified, Inc. of Palmetto, Florida for the East Plant Anoxic Tank Rehabilitation Project (09-0007-UT). Change Order 1 covers additional work necessary to meet project requirements for the East Plant Anoxic Tank Rehabilitation project, unforeseen field conditions related to the tank repairs and safety concerns of induced voltage remediation at the facility. Upon draining the tanks for cleaning and coating, it was discovered that the undersides of walkways over each tank were in need of structural repairs. This condition could not be detected prior to by-passing wastewater flow and draining the tanks. Also included are improvements to the East APCF VFD equipment and circuits to address undesirable induced voltages experienced at the VFD-driven equipment locations. The time extension of 238 days is needed for the additional work. New contract completion will extend from December 16, 2011 to August 10, 2012, 270 days to 508 days. Due to the time extension of the construction contract, additional CEI efforts are required by EOR Jones Edmunds with additional funding in the amount of $74,100. First quarter amendments will transfer $108,942.62 of 2009 Water Sewer Revenue Bond proceeds consisting of $2,978.06 from 0376-96611, Biosolids Treatment, $28,914.53 from 0376-96621, WWTP New Presses, $58,564.41 from 0376-96634, Sanitary Utility Relocation, $2,819.29 from 0376-96742, Line Relocation Capitalized and $15,666.33 from 0376-96763, Wellfield Expansion to 0376-96666, WWTP East Bypass and NE Pump. An additional transfer of $328,045.06 from 0315-96611 (Sewer Revenue), Biosolids Treatment to 0315-96666, WWTP East Bypass and NE Pump for total transfers in the amount of $436,987.68. Sufficient funds are available in 0315-96666, WWTP East Bypass and NE Pump in the amount of $100,000.00 to fund the remaining balance of the change order and Supplemental work order for total funding in the amount of $536,987.68. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary Current Year Cost: $536,987.68 Annual Operating Cost: Not to Exceed: $536,987.68 Total Cost: $536,987.68 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment Cover Memo Item # 16 0376-96666-563800-535-000-0000 $108,942.62 See summary 0315-96666-563800-535-000-0000 $353,945.06 See summary 0315-96666-561300-535-000-0000 $ 74,100.00 See summary Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 16 Change Order 1 PROJECT: East Anoxic Tank Rehabilitation APCF CONTRACTOR: TLC Diversified, Inc. 2719 17th Street East Palmetto, FL 34221 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Contract Amount $1,197,812.10 $462,887.68 New Contract Amount $1,660,699.78 Thurston Lamberson, President ODP ST17479 Aerzen USA $63,735.00 Total Contract Amount $1,724,434.78 __________________________________ Admin CO 1 -CC -01/12/2012 By: (Seal) This change order to add cast-in-place concrete walkway support beam for Trains 2 to 5 and for Induced Voltage Remediation STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: TLC Diversified, Inc. Date: ______________________________ Date: November 17, 2011 CODE: 0376-96666-563800-535-000-0000 A CODE: 0315-96666-563800-535-000-0000 B PROJECT NUMBER: 09-0007-UT DATE OF CONTRACT: 2/14/2011 COUNCIL AWARD: 2/3/2011 PO REFERENCE NO.: ST107322 Frank Hibbard, Mayor __________________________________ Rosemarie Call, City Clerk Date: _____________________________ CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA __________________________________ William B. Horne, II City Manager APPROVED AS TO FORM: __________________________________ Leslie K Dougall-Sides, Assistant City Attorney Michael D. Quillen, PE City Engineer __________________________________ ________________________________ ____ ATTEST: __________________________________ ____________________________________ Tom Robertson, Project Manager Recommended By: City of Clearwater WITNESSES: Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 16 Page 2 of 2 Change Order 1 -East Anoxic Tank Rehabilitation APCF ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Code A: 0376-96666-563800-535-000-0000 $108,942.72 Code B: 0315-96666-563800-535-0 00-0000 $353,944.96 Additions: 15 Cast-in-place walkway support beam for trains 2 to 5 TM 1 $412,535.00 $412,535.00 16 Induced voltage remediation LS 1 $50,352.68 $50,352.68 Total Additions Code A: $462,887.68 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 16 JONES EDMUNDS & ASSOCIATES, INC. SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: December 9, 2011 Project Number: 03720-035-02 City Project Number: 09-0007-UT 1. PROJECT TITLE: Additional Construction Services for the East WRF Fermentation, First Anoxic and Second Anoxic Tanks Rehabilitation Project 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. (Jones Edmunds) is pleased to provide the City of Clearwater with this proposal for additional construction services for the following: Repair of the Mixer Walkways, VFD Circuit Induced Voltage Remediation, and Dewatering Pump Station Rehabilitation at the East WRF. The repair of the mixer walkways in the Fermentation, First Anoxic, and Second Anoxic Tanks includes inserting a new concrete beam in the existing T-beam in order to restore structural integrity of the walkways. The induced VFD circuit induced voltage remediation includes replacement of the existing wiring with shielded wiring to eliminate shock hazards to staff from induced voltage at the returned activated sludge pumps and control panels. The dewatering pump station rehabilitation is to repair the leaking wet well and manhole to mitigate groundwater intrusion, and replace the deteriorated submersible pumps and piping I. PRE-DESIGN PHASE Task 1 – None. II. DESIGN PHASE Task 2.1 -Walkway Repair Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 16 a. Evaluate various design alternatives to restore the structural integrity of the walkways. b. Review the alternatives with the City and mutually agree to the final recommendation. c. Prepare the design drawings for the recommended walkway repair and submit the design to the Contractor for a cost proposal and schedule impact. d. Negotiate with the Contractor and agree on cost and schedule delay. III. FINAL DESIGN PHASE Task 1 – Not Used. IV. BIDDING PHASE Task 1 – Not Used. V. CONSTRUCTION PHASE (if applicable) Task5.1 -Walkway Repair and Temporary Installation of the Re-Aeration System a. It is anticipated that the additional walkway repair work will extend the construction schedule by five months. b. Shop drawing review. Jones Edmunds will review the re-bar, formwork, and concrete mix shop drawings submitted by the Contractor. c. Five (5) site visits are proposed by the structural engineer for the walkway repair. The structural engineer will attend five (5) site meetings including the final inspection. d. Coordinate with the blower and diffuser manufacturers on any requirements for temporary installation of the diffuser system in wet conditions and coordinate with City on the Change Order to Contractor. e. Jones Edmunds will respond to Requests for Information (RFI) and review payment applications from the Contractor. f. Jones Edmunds will attend five (5) additional site progress meetings. Task 5.2 -Induced Voltage Remediation a. Jones Edmunds will review the shop drawings and respond to RFIs. b. Two (2) site visits are proposed for the electrical engineer during construction and startup. c. The electrical engineer will attend one substantial and one final completion work through with the City and the Contractor and prepare a punch list of incomplete items. d. Jones Edmunds will prepare record drawings and submit a final close out package. Task 5.3 -Dewatering Pump Station Rehabilitation a. Jones Edmunds will review the shop drawings. b. Review Contractor payment applications. c. Attend one (1) pre-construction meeting and up to five (5) progress meetings with the City and Contractor. Prepare meeting agenda and meeting minutes. d. Respond to up to five (5) RFIs from the Contractor. e. Coordinate with City and Contractors on work schedule and bypass operations. f. Jones Edmunds will witness testing and startup. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 16 g. Jones Edmunds will attend one substantial and one final completion walkthrough with the Contractor and prepare a punch list of incomplete items. h. Jones Edmunds will prepare record drawings and submit a final close out package to the City. Task 5.4 – Construction Observation Services Jones Edmunds will provide a resident project representative (RPR) for an average of 20 hours per week for five (5) months or the equivalent of 400 hours for the three projects discussed: a. The structural walkway repair. b. The construction of the Induced Voltage project. c. The construction of the in-plant Pump Station project. 3. PROJECT GOALS: The goal of the project is to provide additional design and construction site services to the City during the Fermentation, First Anoxic, and Second Anoxic Tank Rehabilitation project at the East WRF and provide limited construction site services to the City during the Induced Voltage Rehabilitation and In-plant Pump Station Rehabilitation project. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Jones Edmunds & Associates, Inc. for the completion of these tasks on a time and material basis, for a not to exceed fee of Seventy Four Thousand one Hundred Dollars ($74,100.00). Attachment B provides a breakdown of fee and task. 5. SCHEDULE: Our fee for the additional Construction Phase Services is based on the premise that the three projects will be completed within 150 consecutive calendar days from the original contract completion date. 6. STAFF ASSIGNMENT (Consultant): Jones Edmunds Key Staff: Thomas W. Friedrich, P.E. Client Services Manager Tak Kai Pang, P.E. Project Manager Gregg Fruecht Resident Project Representative Terry Ann Martin Administrative Assistant Malcolm Koros, P.E. Electrical Engineer Bilgin Erel, P.E. Structural Engineer Anand Mody, P.E. Project Engineer Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 16 City’s Staff: Tom Robertson Project Manager Loren Pratt East WRF Lead Operator David Porter, P.E. Wastewater Environmental Technologies Manager Kathryn McGrath Wastewater Environmental Technologies Coordinator 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Tak Kai Pang, P.E. All City project correspondence shall be directed to: Tom Robertson with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to Cost Times Multiplier for actual individuals that worked on project. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0315-96666-561300-53 5-000-0000 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 16 G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: a. The construction of the Induced Voltage and In-Plant Pump Station projects will be completed within approximately the same time period as the Fermentation, First Anoxic and Second Anoxic Tank Rehabilitation project. PREPARED BY: APPROVED BY: ________________________ ________________________ Douglas M. Toth, Ph.D., P.E. Michael D. Quillen, PE Senior Vice President -Operations City Engineer Jones, Edmunds & Asociates, Inc. City of Clearwater ___________________ ___________________ Date Date Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 5 Item # 16 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 6 Item # 16 Additional Construction Services for the East WRF Fermentation, First Anoxic and Second Anoxic Tanks Rehabilitation Project Jones Edmunds & Associates, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Pre-Design 1.1 Project Management Plan $0 1.2 Progress Reports $0 1.3 Coordination $0 1.4 Meetings $0 1.5 Task Allowance (10%) $0 $0 2.0 Design 2.1 Ground Surveys (xyz, Inc.) $0 $0 2.2 Walkway Repair Evaluation and Design $4,100 $4,180 2.3 Utility Locations by Vacuum Excavation (10) $0 $0 2.4 Task Allowance (10%) $0 $8,280 3.0 Final Design Plans and Specifications 3.1 30% Submittal $0 3.2 60% Submittal $0 3.3 90% Submittal $0 3.4 Final Construction Documents $0 3.5 Task Allowance (10%) $0 $0 4.0 Permitting Services 4.1 $0 4.2 Task Allowance (10%) $0 $0 5.0 Construction Phase Services 5.1 Structural Walkway Repair $5,600 $7,100 5.2 Induced Voltage Rehabilitation $6,000 5.3 Dewatering Pump Station Rehabilitation $10,000 5.4 Construction Observation Services (400 hours) $37,120 5.5 Task Allowance (10%) $0 $65,820 Subtotal, Labor and Subcontractors $74,100 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $0 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 7 Item # 16 Grand Total $74,100 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 8 Item # 16 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve Change Order 1 to Wharton-Smith, Inc., for the Marshall Street WRF Rapid Sand Filter Rehabilitation Project in the amount of $455,222.52, for a new contract amount of $2,889,041.76 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Sand Filter rehabilitation project includes replacement of underdrain cores and grating for 2 ½ of the 12 filters. As the contractor has brought the old filters off line and inspected their components, it was discovered the filter underdrain cores and grating have deteriorated more than anticipated. This change order covers complete replacement of all the underdrain cores and grating in the plant’s twelve filters. Replacement of the filter components will increase reliability and efficiency in reducing total suspended solids (TSS) in the secondary clarifier effluent prior to discharge to Stevenson’s Creek. These filters were installed in 1988. All the material included in this change order will be procured under Owner Direct Purchase (ODP) guidelines, realizing a sales tax savings of just under $20,000. The Public Utilities Department shall own and maintain the proposed improvements included in this Change Order. Sufficient funding is available in Capital Improvement Program project 0315-96664, Water Pollution Control R and R, in the amount of $455,222.52 to fund the change order. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary Current Year Cost: $455,222.52 Annual Operating Cost: Not to Exceed: $455,222.52 Total Cost: $455,222.52 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-96664-563800-535-000-0000 $455,222.52 See summary Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 17 Change Order 1 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT ORIGINAL CONTRACT AMOUNT $2,433,819.24 $455,222.52 NEW CONTRACT AMOUNT $2,889,041.76 ______________________________ ____________ 750 Monroe Road Sanford, FL 32771 __________________________________________ STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Rosemarie Call, City Clerk Frank Hibbard, Mayor Date: ______________________________ Wharton-Smith, Inc. CO 1 -CC -1/12/2012 William Logan, Project Manager WITNESSES: __________________________________ ATTEST: Date: December 20, 2011 CODE: 0376-96664-563800-535-000-0000 A CODE: 0315-96664-563800-535-000-0000 B PROJECT NUMBER: PO REFERENCE NO.: By: (Seal) DATE OF CONTRACT: COUNCIL AWARD: This change order is to add items to accommodate field conditions. CONTRACTOR: Wharton-Smith, Inc. PROJECT: Marshall Street WRF Rapid Sand Filter Rehabilitation Project Date: _____________________________________ CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA __________________________________________ APPROVED AS TO FORM: __________________________________________ Michael D. Quillen, P.E. Camilo Soto, Assistant City Attorney ____________________________________ William B. Horne, II City Manager __________________________________ City Engineer Tara Kivett, Eng. Construction Manager Recommended By: City of Clearwater ____________________________________ Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 17 Page 2 of 2 Change Order 1 -MS WRF Rapid Sand Filter Rehabilitation ITEM DESCRIPTION UNIT QUANTITY UNIT COST Code B: 0315-96664-563800-535-000-0000 Additions: 7a Furnish and deliver Additional New Underdrain Core Assemblies in accordance with Section 01150, 3.01B.-(ODP amount paid directly to Siemens by the City) EA 171 $1,850.00 7b Sales Tax Savings EA 171 $112.12 7c Install, Test and warranty additional underdrain core assemblies in accordance to Section 01150, 3.01B EA 171 $700.00 Total Additions: Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 17 THE CONTRACT ______________________________ Smith, Inc. Logan, Project Manager __________________________________ December 20, 2011 96664-563800-535-000-0000 A 96664-563800-535-000-0000 B NUMBER: 09-0045-UT REFERENCE NO.: ST 107455 (Seal) CONTRACT: 05/02/2011 AWARD: 04/07/2011 Quillen, P.E. ____________________________________ __________________________________ Eng. Construction Manager Recommended By: City of Clearwater ____________________________________ Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 17 TOTAL COST $316,350.00 $19,172.52 $119,700.00 $455,222.52 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 17 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Award a contract (purchase order) to Restocon Corporation, of Tampa, Florida, to restore the Municipal Services Complex (MSC) and Garden Avenue Parking Garages in the amount of $557,610.33, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: The project includes restoration of two City owned Parking Garages based on a Final Condition Appraisal from May 2011. The scope of work is focused on the top tier of each garage for concrete and waterproofing repairs. The MSC garage work also includes replacement of light fixtures, bearing pad repairs, plumbing improvements, replacement of barrier cable, and striping. Restocon is the low bidder by ~3%. The City received seven bids for the project ranging from $557,610 to $966,527 with the average being $718,680. Tim Haahs and Associates, the design consultant for this project, along with City staff, developed a project specific pre-qualification to bid application process to ensure bidding contractors had adequate skill and experience to complete this project. Tim Haahs and Associates has reviewed Restocon’s bid and has provided a recommendation of award. The City’s Construction group will inspect and manage the project during the construction phase. The construction phase is anticipated to take 4 months and is scheduled for completion by June 31, 2012. Parking Division will own and maintain the proposed improvements included in this contract. Sufficient funding is available in Capital Improvement Program project 0315-92632, Parking Garage Structure Repair. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary Current Year Cost: $557,610.33 Annual Operating Cost: Not to Exceed: $557,610.33 Total Cost: $557,610.33 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-92632-563600-545-000-0000 $557,610.33 See summary Cover Memo Item # 18 Bid Required?: Yes Bid Number: 11-0039-EN Other Bid /Contract: Bid Exceptions: None Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 18 BID ITEMS QTY UNIT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT CONCRETE REPAIR 1 FC FLOOR CRACKS 1,975 LF $ 3.16 $ 6 ,241.00 $ 2.05 $ 4 ,048.75 $ 2 .33 $ 4,601.75 $ 2 .35 $ 4 ,641.25 $ 2.70 $ 5,332.50 $ 3.00 $ 5,925.00 $ 6 .00 $ 11,850.00 2 FS FLOOR SPALLS 225 SF $ 38.14 $ 8 ,581.50 $ 31.00 $ 6 ,975.00 $ 7 4.00 $ 16,650.00 $ 4 2.00 $ 9 ,450.00 $ 48.00 $ 10,800.00 $ 22.00 $ 4,950.00 $ 1 00.00 $ 22,500.00 3 FSO FLOOR SURFACE OVERLAY 3,970 SF $ 11.71 $ 4 6,488.70 $ 1.45 $ 5 ,756.50 $ 1 .62 $ 6,431.40 $ 1 .65 $ 6 ,550.50 $ 1.75 $ 6,947.50 $ 10.00 $ 39,700.00 $ 3 .50 $ 13,895.00 4 CS COLUMN/WALL SPALLS 10 SF $ 39.50 $ 3 95.00 $ 65.00 $ 6 50.00 $ 1 15.00 $ 1,150.00 $ 7 2.00 $ 7 20.00 $ 75.00 $ 750.00 $ 50.00 $ 500.00 $ 1 00.00 $ 1,000.00 5 ER EXPOSED REINFORCING 30 SF $ 12.77 $ 3 83.10 $ 55.00 $ 1 ,650.00 $ 8 0.00 $ 2,400.00 $ 3 3.00 $ 9 90.00 $ 75.00 $ 2,250.00 $ 50.00 $ 1,500.00 $ 1 00.00 $ 3,000.00 6 OFC OVERHEAD FLOOR CRACKS 670 LF $ 43.01 $ 2 8,816.70 $ 18.50 $ 1 2,395.00 $ 2 5.00 $ 16,750.00 $ 2 3.00 $ 1 5,410.00 $ 21.50 $ 14,405.00 $ 20.00 $ 13,400.00 $ 3 5.00 $ 23,450.00 7 OFS OVERHEAD FLOOR SPALLS 15 SF $ 38.47 $ 5 77.05 $ 85.00 $ 1 ,275.00 $ 1 20.00 $ 1,800.00 $ 5 7.00 $ 8 55.00 $ 110.00 $ 1,650.00 $ 50.00 $ 750.00 $ 1 25.00 $ 1,875.00 WATERPROOFING 8 EJR EXPANSION JOINT REPLACEMENT 60 LF $ 88.05 $ 5 ,283.00 $ 65.00 $ 3 ,900.00 $ 6 9.93 $ 4,195.80 $ 8 0.00 $ 4 ,800.00 $ 66.00 $ 3,960.00 $ 75.00 $ 4,500.00 $ 1 50.00 $ 9,000.00 9 DC DECK COATING 46,460 SF $ 2.76 $ 1 28,229.60 $ 2.78 $ 1 29,158.80 $ 3 .35 $ 155,641.00 $ 2 .45 $ 1 14,012.84 $ 2.25 $ 104,535.00 $ 2.25 $ 104,535.00 $ 4 .00 $ 185,840.00 10 DTS DOUBLE TEE SEALANT REPLACEMENT 5,240 LF $ 2.49 $ 1 3,047.60 $ 3.50 $ 1 8,340.00 $ 3 .47 $ 18,182.80 $ 2 .30 $ 1 2,052.00 $ 2.10 $ 11,004.00 $ 3.50 $ 18,340.00 $ 5 .00 $ 26,200.00 11 CSR COVE SEALANT REPLACEMENT 2,680 LF $ 2.49 $ 6 ,673.20 $ 2.00 $ 5 ,360.00 $ 3 .90 $ 10,452.00 $ 2 .45 $ 6 ,566.00 $ 2.45 $ 6,566.00 $ 3.50 $ 9,380.00 $ 5 .00 $ 13,400.00 ELECTRICAL 12 FR FLOURESCENT REPLACEMENT 180 EA $ 429.78 $ 7 7,360.40 $ 365.00 $ 6 5,700.00 $ 68,125.00 $ 4 45.00 $ 8 0,100.00 $ 380.00 $ 68,400.00 $ 406.14 $ 73,105.20 $ 4 50.00 $ 81,000.00 PLUMBING 13 SFD FLOOR DRAIN INSTALLATION 1 EA $ 1,579.00 $ 1 ,579.00 $ 1,800.00 $ 1 ,800.00 $ 2 ,396.00 $ 2,396.00 $ 2 ,600.00 $ 2 ,600.00 $ 5,625.00 $ 5,625.00 $ 1,200.00 $ 1,200.00 $ 5 00.00 $ 500.00 14 SRL STAIR ROOF LEADERS 2 EA $ 789.50 $ 1 ,579.00 $ 355.00 $ 7 10.00 $ 3 75.00 $ 750.00 $ 1 ,100.00 $ 2 ,200.00 $ 250.00 $ 500.00 $ 300.00 $ 600.00 $ 6 00.00 $ 1,200.00 15 DPR DRAIN PIPE REPLACEMENT 4 EA $ 789.50 $ 3 ,158.00 $ 860.00 $ 3 ,440.00 $ 1 ,790.00 $ 7,160.00 $ 6 65.00 $ 2 ,660.00 $ 1,065.00 $ 4,260.00 $ 400.00 $ 1,600.00 $ 8 00.00 $ 3,200.00 MISCELLANEOUS REPAIRS 16 SBA STEEL BOLLARDS ADDITION 0 EA $ 225.00 $ -17 S STRIPING 150 SPA $ 11.27 $ 1 ,690.50 $ 6.00 $ 9 00.00 $ 7 .25 $ 1,087.50 $ 1 1.00 $ 1 ,650.00 $ 30.00 $ 4,500.00 $ 10.00 $ 1,500.00 $ 1 5.00 $ 2,250.00 18 BPR BEARING PAD REMEDIALS 40 EA $ 1,428.85 $ 5 7,154.00 $ 865.00 $ 3 4,600.00 $ 7 50.00 $ 30,000.00 $ 7 20.00 $ 2 8,800.00 $ 995.00 $ 39,800.00 $ 873.00 $ 34,920.00 $ 8 50.00 $ 34,000.00 19 SBR SHORT BEARING REMEDIAL 2 EA $ 2,002.00 $ 4 ,004.00 $ 865.00 $ 1 ,730.00 $ 7 50.00 $ 1,500.00 $ 1 ,000.00 $ 2 ,000.00 $ 930.00 $ 1,860.00 $ 873.00 $ 1,746.00 $ 8 50.00 $ 1,700.00 20 BCR BARRIER CABLE REPLACEMENT 3,500 LF $ 3.86 $ 1 3,520.50 $ 2.65 $ 9 ,275.00 $ 3 .15 $ 11,025.00 $ 4 .29 $ 1 5,001.00 $ 4.50 $ 15,750.00 $ 3.06 $ 10,710.00 $ 5 .00 $ 17,500.00 21 FAR FIRE ALARM RELOCATION 1 EA $ 536.00 $ 5 36.00 $ 225.00 $ 2 25.00 $ 3 50.00 $ 350.00 $ 6 00.00 $ 6 00.00 $ 1,250.00 $ 1,250.00 $ 50.00 $ 50.00 $ 1 ,000.00 $ 1,000.00 22 CFA CHAIN LINK FENCE ADDITION 70 SF $ 18.51 $ 1 ,295.70 $ 8.50 $ 5 95.00 $ 1 0.75 $ 752.50 $ 2 0.00 $ 1 ,400.00 $ 25.00 $ 1,750.00 $ 10.00 $ 700.00 $ 8 .00 $ 560.00 $ 4 06,593.55 $ 3 08,484.05 $ 361,400.75 $ 3 13,058.59 $ 311,895.00 $ 329,611.20 $ 454,920.00 SUB-TOTAL FOR MUNICIPAL SERVICES COMPLEX GARAGE (ITEMS 1-22) AMERICAN RESTORATION, INC. 2002 W. KIRBY ST. WYLIE, TEXAS 75098 RESTOCON CORP. 337 FALKENBURG ROAD, N. TAMPA, FLORIDA 33619 SUNCOAST CONSTRUCTION 2572 APPLE VALLEY RD ATLANTA, GA. 30319 VOLUNTEER RESTORATION, INC. 210 SEAMAN STREET KNOXVILLE, TN 37919 SERVICE PAINTING CORP. 910 E. 127TH AVENUE TAMPA, FLORIDA 33612 BID #: WORTH CONTRACTING, INC. 2112 JERNIGAN RD. JACKSONVILLE, FL. 32207 MUNICIPAL SERVICES COMPLEX GARAGE MUNICIPAL SERVICES COMPLEX GARAGE AND GARDEN AVENUE GARAGE RESTORATION 11-0039-EN THURSDAY, DECEMBER 14, 2011 AWARD -THURSDAY, JANUARY 12, 2012 STRUCTURAL PRESERVATION SYSTEMS , LLC 6503 19TH ST. E. UNIT F SARASOTA, FL. 34243 Neevia Document Converter Pro v6.1 Item # 18 BID ITEMS QTY UNIT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT AMERICAN RESTORATION, INC. 2002 W. KIRBY ST. WYLIE, TEXAS 75098 RESTOCON CORP. 337 FALKENBURG ROAD, N. TAMPA, FLORIDA 33619 SUNCOAST CONSTRUCTION 2572 APPLE VALLEY RD ATLANTA, GA. 30319 VOLUNTEER RESTORATION, INC. 210 SEAMAN STREET KNOXVILLE, TN 37919 SERVICE PAINTING CORP. 910 E. 127TH AVENUE TAMPA, FLORIDA 33612 BID #: WORTH CONTRACTING, INC. 2112 JERNIGAN RD. JACKSONVILLE, FL. 32207 MUNICIPAL SERVICES COMPLEX GARAGE AND GARDEN AVENUE GARAGE RESTORATION 11-0039-EN THURSDAY, DECEMBER 14, 2011 AWARD -THURSDAY, JANUARY 12, 2012 STRUCTURAL PRESERVATION SYSTEMS , LLC 6503 19TH ST. E. UNIT F SARASOTA, FL. 34243 23 FC FLOOR CRACKS 1,985 LF $ 3.15 $ 6 ,252.75 $ 2.05 $ 4 ,069.25 $ 2 .33 $ 4,625.05 $ 2 .35 $ 4 ,664.75 $ 2.70 $ 5,359.50 $ 3.00 $ 5,955.00 $ 6 .00 $ 11,910.00 24 FS FLOOR SPALLS 30 SF $ 38.60 $ 1 ,158.00 $ 31.00 $ 9 30.00 $ 7 4.00 $ 2,220.00 $ 4 2.00 $ 1 ,260.00 $ 48.00 $ 1,440.00 $ 20.00 $ 600.00 $ 1 00.00 $ 3,000.00 25 FSO FLOOR SURFACE OVERLAY 11,265 SF $ 11.71 $ 1 31,913.15 $ 1.45 $ 1 6,334.25 $ 1 .62 $ 18,249.30 $ 1 .65 $ 1 8,587.25 $ 1.75 $ 19,713.75 $ 10.00 $ 112,650.00 $ 3 .50 $ 39,427.50 26 CS COLUMN/WALL SPALLS 20 SF $ 38.15 $ 7 63.00 $ 65.00 $ 1 ,300.00 $ 1 15.00 $ 2,300.00 $ 7 2.00 $ 1 ,440.00 $ 75.00 $ 1,500.00 $ 50.00 $ 1,000.00 $ 1 00.00 $ 2,000.00 27 OFC OVERHEAD FLOOR CRACKS 355 LF $ 43.02 $ 1 5,272.10 $ 18.50 $ 6 ,567.50 $ 2 5.00 $ 8,875.00 $ 2 3.00 $ 8 ,165.00 $ 21.50 $ 7,632.50 $ 20.00 $ 7,100.00 $ 3 5.00 $ 12,425.00 28 OFS OVERHEAD FLOOR SPALLS 60 SF $ 38.17 $ 2 ,290.20 $ 85.00 $ 5 ,100.00 $ 1 20.00 $ 7,200.00 $ 5 7.00 $ 3 ,420.00 $ 110.00 $ 6,600.00 $ 50.00 $ 3,000.00 $ 1 25.00 $ 7,500.00 29 OBS OVERHEAD BEAM SPALLS 20 SF $ 38.15 $ 7 63.00 $ 85.00 $ 1 ,700.00 $ 1 20.00 $ 2,400.00 $ 7 2.00 $ 1 ,440.00 $ 110.00 $ 2,200.00 $ 50.00 $ 1,000.00 $ 1 25.00 $ 2,500.00 WATERPROOFING $ -30 EJR EXPANSION JOINT REPLACEMENT 32 LF $ 88.06 $ 2 ,817.92 $ 65.00 $ 2 ,080.00 $ 6 9.93 $ 2,237.76 $ 8 0.00 $ 2 ,560.00 $ 66.00 $ 2,112.00 $ 75.00 $ 2,400.00 $ 1 50.00 $ 4,800.00 31 DC DECK COATING 28,700 SF $ 2.75 $ 7 8,925.00 $ 2.78 $ 7 9,786.00 $ 3 .35 $ 96,145.00 $ 2 .47 $ 7 1,003.80 $ 2.25 $ 64,575.00 $ 2.25 $ 64,575.00 $ 4 .00 $ 114,800.00 32 DTS DOUBLE TEE SEALANT REPLACEMENT 3,785 LF $ 2.49 $ 9 ,424.65 $ 4.50 $ 1 7,032.50 $ 3 .47 $ 13,133.95 $ 2 .30 $ 8 ,705.50 $ 2.10 $ 7,948.50 $ 3.50 $ 13,247.50 $ 5 .00 $ 18,925.00 33 CSR COVE SEALANT REPLACEMENT 2,385 LF $ 2.49 $ 5 ,938.65 $ 2.00 $ 4 ,770.00 $ 3 .90 $ 9,301.50 $ 2 .45 $ 5 ,843.25 $ 2.45 $ 5,843.25 $ 3.50 $ 8,347.50 $ 5 .00 $ 11,925.00 PLUMBING 34 SFD FLOOR DRAIN INSTALLATION 4 EA $ 1,785.43 $ 7 ,141.72 $ 1,800.00 $ 7 ,200.00 $ 2 ,563.00 $ 10,252.00 $ 2 ,600.00 $ 1 0,400.00 $ 5,625.00 $ 22,500.00 $ 1,200.00 $ 4,800.00 $ 5 00.00 $ 2,000.00 MISCELLANEOUS 35 SBA STEEL BOLLARDS ADDITION 24 EA $ 863.83 $ 2 0,731.92 $ 225.00 $ 5 ,400.00 $ 5 27.00 $ 12,648.00 $ 2 30.00 $ 5 ,520.00 $ 400.00 $ 9,600.00 $ 250.00 $ 6,000.00 $ 5 00.00 $ 12,000.00 36 S STRIPING 90 SPA $ 16.96 $ 1 ,526.40 $ 6.00 $ 5 40.00 $ 7 .25 $ 652.50 $ 1 3.00 $ 1 ,170.00 $ 30.00 $ 2,700.00 $ 10.00 $ 900.00 $ 1 5.00 $ 1,350.00 37 CFA CHAIN LINK FENCE ADDITION 10 SF $ 36.00 $ 3 60.00 $ 8.50 $ 8 5.00 $ 380.00 $ 4 0.00 $ 4 00.00 $ 25.00 $ 250.00 $ 10.00 $ 100.00 $ 2 0.00 $ 200.00 38 General Conditions (for Both Garages) 1 LS $ 9 0,732.26 $ 23,500.00 $ 2 3,500.00 $ 38,389.00 $ 4 2,300.00 $ 4 2,300.00 $ 67,128.00 $ 76,000.00 $ 140,776.50 SUBTOTAL FOR GARDEN AVENUE GARAGE (ITEMS 23-37) $ 3 76,010.72 $ 1 76,394.50 $ 229,009.06 $ 1 86,879.55 $ 227,102.50 $ 307,675.00 $ 385,539.00 SUBTOTAL FOR BOTH GARAGES (ITEMS 1-37) $ 7 82,604.27 $ 4 84,878.55 $ 590,409.81 $ 4 99,938.14 $ 538,997.50 $ 637,286.20 $ 840,459.00 15% OWNER'S CONTINGENCY 1 LS $ 1 17,390.64 $ 7 2,731.78 $ 88,561.47 $ 7 4,990.72 $ 80,849.63 $ 95,592.93 $ 126,068.85 BASE BID TOTAL CONSTRUCTION COST (ITEMS 1-38) $ 8 99,994.91 $ 5 57,610.33 $ 678,971.28 $ 5 74,928.86 $ 619,847.13 $ 732,879.13 $ 966,527.85 CONCRETE REPAIR GARDEN AVENUE GARAGE Neevia Document Converter Pro v6.1 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 5 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 6 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 7 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 8 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 9 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 10 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 11 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 12 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 13 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 14 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 15 Item # 18 Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 16 Item # 18 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the amendment to the conditions for the vacation of a portion of First Avenue (a.k.a. First Street per field) and pass Ordinance 8308-12 on first reading. SUMMARY: Ordinance 7371-05, adopted by City Council on March 3, 2005, provided for the vacation of a portion of First Avenue, subject to certain conditions, in support of planned development by K and P Clearwater Estate, LLC (the Developer). Three ordinances have since been adopted at the Developer’s request to extend the commencement date for vertical construction; most recently granting an extension until February 11, 2012. The Developer has dedicated Second Street, a public right-of-way, effectively providing a substitute for the vacated First Street. The proposed Ordinance 8308-12 provides for the elimination of most of the conditions associated with the vacation of First Street. However, Developer will still be required to complete relocating all utilities. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 19 Attachment number 1 \nPage 1 Item # 19 Ordinance No. 8308-12 ORDINANCE NO. 8308-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS AMENDED BY ORDINANCE NO. 7598-06, 7948-08 AND 8041-09, WHICH VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (A.K.A. FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-ofway depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No. 7371-05 was amended by Ordinance Nos. 7598-06, 7948-08 and 8041-09 to extend the date for commencement of vertical construction to March 3, 2008, March 3, 2010 and February 11, 2012 respectively; and WHEREAS, K & P Clearwater Estate, LLC, the “Developer,” has dedicated Second Street, traversing from Coronado Drive to Gulfview Boulevard effectively providing a substitute for the vacated First Street; and WHEREAS, pursuant to the Developer’s request, the City Council finds that it is deemed to be in the best interest of the City and the general public to eliminate certain conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance 8041-09 is hereby amended to read as follows: Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records of Pinellas County, Florida, more particularly described as: From the southwest corner of Lot 55, Lloyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05°32’30”E along the easterly right-of-way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd White Skinner Subdivision, thence N05°32’30”E 60.00 feet to the southwest corner of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27’30”E along the northerly right-of-way line of First Avenue, Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05°32’30”W along a line 18 feet west of and parallel with the westerly right-of-way line of Coronado Avenue as shown on the plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly Attachment number 2 \nPage 1 Item # 19 Ordinance No. 8308-12 right-of-way line of said First Avenue; thence N84°27’30”W along said southerly right-of-way line a distance of 192.00 feet to the Point of Beginning, subject to the following conditions: 1) The project described within the Development agreement between the City of Clearwater and K and P Clearwater Estate, LLC shall commence vertical construction within three (3) years of the effective date of this ordinance. 1. All public and private utilities shall be relocated by K and P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project, 2. This vacation shall become effective only after the dedication of relocated First Street to the City as provided in the Development Agreement. 3. Payment by the Developer of the cost of construction of the relocated First Street or the posting of security sufficient to guarantee construction of the relocated First Street as provided in the Development Agreement. 2) This Vacation Ordinance shall be rendered null and void if any of the preceding conditions are is not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ _______________________________ Pamela K. Akin Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 Item # 19 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the amendment to the conditions for the vacation of a portion of Gulfview Boulevard and pass Ordinance 8309-12 on first reading. SUMMARY: Ordinance 7372-05, adopted by City Council on March 3, 2005, provided for the vacation of a portion of Gulfview Boulevard, subject to certain conditions, in support of planned development by K and P Clearwater Estate, LLC (the Developer). Two ordinances have since been adopted at the Developer’s request to extend the commencement date for vertical construction; most recently granting an extension until February 11, 2012. The Developer has been coordinating with City staff to amend the associated development agreement and has requested an additional extension for the commencement date for vertical construction. The proposed Ordinance 8309-12 provides for vertical construction to begin within four (4) years of the effective date of this ordinance. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 20 Attachment number 1 \nPage 1 Item # 20 Attachment number 1 \nPage 2 Item # 20 Ordinance No. 8309-12 ORDINANCE NO. 8309-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7372-05 AS AMENDED BY ORDINANCE NOS. 7947-08 AND 8040-09, WHICH VACATED A PORTION OF THE EASTERLY ONEHALF OF THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW BOULEVARD (A.K.A. SOUTH GULFVIEW PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-ofway depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No. 7372-05 was amended by Ordinance Nos. 7947-08 and 8040-09 to extend the date for commencement of vertical construction to March 3, 2010 and February 11, 2012 respectively; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the “Developer,” the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation to further extend the date for commencement of vertical construction; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance 7371-05 is hereby amended to read as follows: The parcels of land more particularly described in Exhibit A attached hereto are hereby vacated, subject to the following conditions: 1) The project described within the Development agreement between the City of Clearwater and K and P Clearwater Estate, LLC, adopted by Resolution 05-13 as amended by the First Amended and Restated Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, dated December 30, 2008 and adopted by Resolution 08-14 (“Development Agreement”) shall commence vertical construction no later than February 11, 2012 within three (3) years of the effective date of this ordinance. 2) All public and private utilities shall be relocated by K and P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project, Attachment number 2 \nPage 1 Item # 20 Ordinance No. 8309-12 3) The public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right of way to accommodate two lanes of two way traffic capacity. 4) Payment by the Developer’s pro rata share of the Beach Walk Construction as identified in the Development Agreement. 3 This Vacation Ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ __________________ _____________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 2 \nPage 2 Item # 20 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Preservation (P) and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) districts for 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737 and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; and 1745 and 1748 Thomas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East); and pass Ordinances 8303-12, 8304-12 and 8305-12 on first reading. (ATA2011-08003) SUMMARY: The City of Clearwater Planning and Development Department has identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of State Road 590 and south of Sunset Point Road. Subdivisions in this area include Virginia Grove Terrace and Carlton Terrace. The Department has identified a total of 189 properties in this area that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase D of the overall annexation project, includes 22 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City’s jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase D properties are occupied by 22 detached dwellings on 4.27 acres of land. It is proposed that approximately 1.37 acres of right-of-way throughout this area on Diane Drive, Evans Drive, Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, Terrace Drive and Thomas Drive right-of-way not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that the 22 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses two of these properties (1716 Evans Drive and 2734 Terrace Drive) for which the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch boundaries. It is proposed that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. In addition, it is proposed the two properties with the drainage ditch also be assigned the Preservation (P) zoning category. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: · The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and · The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. · The proposed Residential Low (RL), Preservation (P) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be applied to two properties (1716 Evans Drive and Terrace Drive) recognize the watershed and drainage feature on the properties. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR) District and Preservation (P) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Density Cover Memo Item # 21 Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and · The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 21 LOCATION Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A [ PROJECT SITE US 19 US 19 SR 55 -Not to Scale--Not a Survey-Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 21 PIN (Address): 05-29-16-13554-009-0180 (1848 Diane Dr.) 05-29-16-13554-009-0190 (1854 Diane Dr.) 05-29-16-13554-010-0020 (1855 Diane Dr.) 05-29-16-94392-007-0050 (1716 Evans Dr.) 05-29-16-94392-006-0 190 (1745 Evans Dr.) 05-29-16-94338-002-0240 (1725 Grove Dr.) 05-29-16-94338-002-0230 (1729 Grove Dr.) 05-29-16-94338-004-0090 (1734 Grove Dr.) 05-29-16-94338-002-0210 (1737 Grove Dr.) 05-29-16-94338-004-0110 (1740 Grove Dr.) 05-29-16-94374-006-0130 (1752 Lucas Dr.) 05-29-16-94374-005-0170 (1759 Lucas Dr.) 05-29-16-13554-008-0070 (1807 Marilyn Dr.) 05-29-16-13554-008-0010 (1843 Marilyn Dr.) 05-29-16-13554-008-0100 (1808 Skyland Dr.) 05-29-16-13554-008-0150 (1836 Skyland Dr.) 05-29-16-13554-009-0020 (1845 Skyland Dr.) 05-29-16-94410-004-0050 (2826 State Road 590) 05-29-16-94374-003-0110 (2734 Terrace Dr.) 05-29-16-94356-005-0150 (2747 Terrace Dr.) 05-29-16-94356-004-0190 (1745 Thomas Dr.) 05-29-16-94356-005-0130 (1748 Thomas Dr.) Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 21 AERIAL PHOTOGRAPH Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR ST. CROIX DR DIANE DR THOMAS DR TERRACE DR MORNINGSIDE DR WOODRING DR SOUTH DR E EL TRINDAD DR E ST. JOHN DR AUDREY DR ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR OWEN DR -Not to Scale--Not a Survey-Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 21 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 SR 59 0 EVANS DR OWEN DR LUCAS DR GROVE DR DIANE DR ST. CROIX DRAUDREY DR MORNINGSIDE DR THOMAS DR SOUTH DR TERRACE DR WOODRING DR EL TRINDAD DR E ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR AUDREY DR OWEN DR -Not to Scale--Not a Survey-Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 21 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 RL I RL RL RL RL RL RL RL RU RU RL RU RL RL RL RL RL RL RU RU RL RL RL RM RM RL RL P P RU RU RL RU RU RL RL RU RLRU RU R/OL RU RL RU RL RU RL P SR 590 LUCAS DR GROVE DR THOMAS DR SOUTH DR EL TRINDAD DR E -Not to Scale--Not a Survey-Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 5 Item # 21 ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A LMDR LMDR LMDR 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 P* P* SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR DIANE DR MORNINGSIDE DR ST. CROIX DRAUDREY DR SOUTH DR THOMAS DR WOODRING DR TERRAC E DR EL TRINDAD DR E ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR AUDREY DR OWEN DR LMDR OLMDR -Not to Scale--Not a Survey-*Parcels at 2734 Terrace Dr. and 1716 Evans Dr. will have “P” (Preservation) zoning in the rear of the properties to reflect corresponding Future Land Use designation. Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 6 Item # 21 EXISTING SURROUNDING USES Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR DIANE DR ST. CROIX DRAUDREY DR MORNINGSIDE DR THOMAS DR SOUTH DR TERRACE DR WOODRING DR EL TRINDAD DR E ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR AUDREY DR OWEN DR -Not to Scale--Not a Survey-Single Family Homes Single Family Homes Single Family Homes Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 7 Item # 21 1848 Diane Drive 1854 Diane Drive 1855 Diane Drive 1716 Evans Drive 1745 Evans Drive 1725 Grove Drive ATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 1 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 8 Item # 21 1729 Grove Drive 1734 Grove Drive 1737 Grove Drive 1740 Grove Drive 1752 Lucas Drive 1759 Lucas Drive ATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 2 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 9 Item # 21 1807 Marilyn Drive 1843 Marilyn Drive 1808 Skyland Drive 1836 Skyland Drive 1845 Skyland Drive 2826 State Road 590 ATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 3 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 10 Item # 21 2734 Terrace Drive 2747 Terrace Drive 1745 Thomas Drive 1748 Thomas Drive Looking north at Diane Drive Looking south at Diane Drive ATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 4 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 11 Item # 21 Looking north at Evans Drive Looking south at Evans Drive Looking north at Grove Drive Looking south at Grove Drive Looking north at Lucas Drive Looking south at Lucas Drive ATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 5 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 12 Item # 21 Looking north at Marilyn Drive Looking south at Marilyn Drive Looking north at Skyland Drive Looking south at Skyland Drive Looking east at State Road 590 Looking west at State Road 590 ATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 6 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 13 Item # 21 Looking west at Terrace Drive Looking north at Thomas Drive Looking south at Thomas DriveATA2011-08003 “Diane” Area – Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 7 of 7 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 14 Item # 21 Ordinance No. 8303-12 ORDINANCE NO. 8303-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 21 Ordinance No. 8303-12 See legal description attached hereto as Exhibit A. (ATA2011-08003) The map or maps attached as Exhibit B are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ _______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 21 Page 1 of 2 ATTACHMENT “A” LEGAL DESCRIPTIONS ATA2011-08003 (Phase D ATAs) Parcel ID Legal Description Address 05-29-16-13554-008-0010 Lot 1, Block H 1843 Marilyn Dr. 05-29-16-13554-008-0070 Lot 7, Block H 1807 Marilyn Dr. 05-29-16-13554-008-0150 Lot 15, Block H 1836 Skyland Dr. 05-29-16-13554-008-0100 Lot 10 and South ½ of Lot 11, Block H 1808 Skyland Dr. 05-29-16-13554-009-0020 Lot 2, Block I 1845 Skyland Dr. 05-29-16-13554-009-0180 Lot 18, Block I 1848 Diane Dr. 05-29-16-13554-009-0190 Lot 19, Block I 1854 Diane Dr. 05-29-16-13554-010-0020 Lot 2, Block J 1855 Diane Dr. together with: All Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; together with: All Right of Way of Skyland Drive abutting South 60 Feet of Lot 10, Block H, and abutting Lot 2, Block I; together with: All Right of Way of Diane Drive abutting Lot 19, Block I thru Lot 2, Block J; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. ------------------------------------------------------------------------------------------------------------ --------------------Parcel ID Legal Description Address 05-29-16-94338-002-0210 Lot 21, Block 2 1737 Grove Dr. 05-29-16-94338-002-0230 Lot 23, Block 2 1729 Grove Dr. 05-29-16-94338-002-0240 Lot 24, Block 2 1725 Grove Dr. 05-29-16-94338-004-0090 Lot 9, Block 4 1734 Grove Dr. 05-29-16-94338-004-0110 Lot 11, Block 4 1740 Grove Dr. together with: All Right of Way of Grove Drive abutting Lots 9 and 11, Block 4; all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94356-004-0190 Lot 19, Block 4 1745 Thomas Dr. 05-29-16-94356-005-0130 Lot 13, Block 5 1748 Thomas Dr. 05-29-16-94356-005-0150 Lot 15, Block 5 2747 Terrace Dr. together with: All Right of Way of Thomas Drive abutting Lot 19, Block 4; all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94374-003-0110 Lot 11, Block 3 2734 Terrace Dr. 05-29-16-94374-005-0170 Lot 17, Block 5 1759 Lucas Dr. 05-29-16-94374-006-0130 Lot 13, Block 6 1752 Lucas Dr. together with: All Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6; together with: All Right of Way of Terrace Drive abutting Lot 11, Block 3; all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. -------------------------------------------------------------------------------------- ------------------------------------------Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 21 Page 2 of 2 Parcel ID Legal Description Address 05-29-16-94392-006-0190 Lot 19, Block 6 1745 Evans Dr. 05-29-16-94392-007-0050 Lot 5, Block 7 1716 Evans Dr. together with: All Right of Way of Evans Drive abutting Lot 19, Block 6; all the above in Virginia Grove Terrace Forth Addition subdivision, as recorded in Plat Book 37 on Page 75, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94410-004 -0050 Lot 5, Block D 2826 State Road 590 in Virginia Grove Terrace Fifth Addition as recorded in Plat Book 51 on page 43, of the Public Records of Pinellas County, Florida. -------------------------- ------------------------------------------------------------------------------------------------------All together in Phase D: 22 parcels: 4.27 acres Right of Way: 1.366 acres ----------------------- --------------Total Acreage: 5.636 acres Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 21 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 SR 59 0 EVANS DR OWEN DR LUCAS DR GROVE DR DIANE DR ST. CROIX DRAUDREY DR MORNINGSIDE DR THOMAS DR SOUTH DR TERRACE DR WOODRING DR EL TRINDAD DR E ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR AUDREY DR OWEN DR -Not to Scale--Not a Survey-Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 5 Item # 21 Ordinance No. 8304-12 ORDINANCE NO. 8304-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), PRESERVATION (P), AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached legal description, Exhibit “A” Residential Low (RL) (ATA2011-08003) Preservation (P) Drainage Feature Overlay The map or maps attached as Exhibit B is hereby incorporated by reference. Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 1 Item # 21 Ordinance No. 8304-12 Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8303 -12. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 2 Item # 21 Page 1 of 2 ATTACHMENT “A” LEGAL DESCRIPTIONS ATA2011-08003 (Phase D ATAs) Parcel ID Legal Description Address 05-29-16-13554-008-0010 Lot 1, Block H 1843 Marilyn Dr. 05-29-16-13554-008-0070 Lot 7, Block H 1807 Marilyn Dr. 05-29-16-13554-008-0150 Lot 15, Block H 1836 Skyland Dr. 05-29-16-13554-008-0100 Lot 10 and South ½ of Lot 11, Block H 1808 Skyland Dr. 05-29-16-13554-009-0020 Lot 2, Block I 1845 Skyland Dr. 05-29-16-13554-009-0180 Lot 18, Block I 1848 Diane Dr. 05-29-16-13554-009-0190 Lot 19, Block I 1854 Diane Dr. 05-29-16-13554-010-0020 Lot 2, Block J 1855 Diane Dr. together with: All Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; together with: All Right of Way of Skyland Drive abutting South 60 Feet of Lot 10, Block H, and abutting Lot 2, Block I; together with: All Right of Way of Diane Drive abutting Lot 19, Block I thru Lot 2, Block J; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. ------------------------------------------------------------------------------------------------------------ --------------------Parcel ID Legal Description Address 05-29-16-94338-002-0210 Lot 21, Block 2 1737 Grove Dr. 05-29-16-94338-002-0230 Lot 23, Block 2 1729 Grove Dr. 05-29-16-94338-002-0240 Lot 24, Block 2 1725 Grove Dr. 05-29-16-94338-004-0090 Lot 9, Block 4 1734 Grove Dr. 05-29-16-94338-004-0110 Lot 11, Block 4 1740 Grove Dr. together with: All Right of Way of Grove Drive abutting Lots 9 and 11, Block 4; all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94356-004-0190 Lot 19, Block 4 1745 Thomas Dr. 05-29-16-94356-005-0130 Lot 13, Block 5 1748 Thomas Dr. 05-29-16-94356-005-0150 Lot 15, Block 5 2747 Terrace Dr. together with: All Right of Way of Thomas Drive abutting Lot 19, Block 4; all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94374-003-0110 Lot 11, Block 3 2734 Terrace Dr. 05-29-16-94374-005-0170 Lot 17, Block 5 1759 Lucas Dr. 05-29-16-94374-006-0130 Lot 13, Block 6 1752 Lucas Dr. together with: All Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6; together with: All Right of Way of Terrace Drive abutting Lot 11, Block 3; all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. -------------------------------------------------------------------------------------- ------------------------------------------Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 3 Item # 21 Page 2 of 2 Parcel ID Legal Description Address 05-29-16-94392-006-0190 Lot 19, Block 6 1745 Evans Dr. 05-29-16-94392-007-0050 Lot 5, Block 7 1716 Evans Dr. together with: All Right of Way of Evans Drive abutting Lot 19, Block 6; all the above in Virginia Grove Terrace Forth Addition subdivision, as recorded in Plat Book 37 on Page 75, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94410-004 -0050 Lot 5, Block D 2826 State Road 590 in Virginia Grove Terrace Fifth Addition as recorded in Plat Book 51 on page 43, of the Public Records of Pinellas County, Florida. -------------------------- ------------------------------------------------------------------------------------------------------All together in Phase D: 22 parcels: 4.27 acres Right of Way: 1.366 acres ----------------------- --------------Total Acreage: 5.636 acres Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 4 Item # 21 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 RL I RL RL RL RL RL RL RL RU RU RL RU RL RL RL RL RL RL RU RU RL RL RL RM RM RL RL P P RU RU RL RU RU RL RL RU RLRU RU R/OL RU RL RU RL RU RL P SR 590 LUCAS DR GROVE DR THOMAS DR SOUTH DR EL TRINDAD DR E -Not to Scale--Not a Survey-Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 5 Item # 21 Ordinance No. 8305-12 ORDINANCE NO. 8305-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 1 Item # 21 Ordinance No. 8305-12 Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description, Exhibit “A” Low Medium Density (ATA2011-08003) Residential (LMDR) Preservation (P) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8303-12. PASSED ON FIRST READING _______________________ ____ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 2 Item # 21 Page 1 of 2 ATTACHMENT “A” LEGAL DESCRIPTIONS ATA2011-08003 (Phase D ATAs) Parcel ID Legal Description Address 05-29-16-13554-008-0010 Lot 1, Block H 1843 Marilyn Dr. 05-29-16-13554-008-0070 Lot 7, Block H 1807 Marilyn Dr. 05-29-16-13554-008-0150 Lot 15, Block H 1836 Skyland Dr. 05-29-16-13554-008-0100 Lot 10 and South ½ of Lot 11, Block H 1808 Skyland Dr. 05-29-16-13554-009-0020 Lot 2, Block I 1845 Skyland Dr. 05-29-16-13554-009-0180 Lot 18, Block I 1848 Diane Dr. 05-29-16-13554-009-0190 Lot 19, Block I 1854 Diane Dr. 05-29-16-13554-010-0020 Lot 2, Block J 1855 Diane Dr. together with: All Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; together with: All Right of Way of Skyland Drive abutting South 60 Feet of Lot 10, Block H, and abutting Lot 2, Block I; together with: All Right of Way of Diane Drive abutting Lot 19, Block I thru Lot 2, Block J; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. ------------------------------------------------------------------------------------------------------------ --------------------Parcel ID Legal Description Address 05-29-16-94338-002-0210 Lot 21, Block 2 1737 Grove Dr. 05-29-16-94338-002-0230 Lot 23, Block 2 1729 Grove Dr. 05-29-16-94338-002-0240 Lot 24, Block 2 1725 Grove Dr. 05-29-16-94338-004-0090 Lot 9, Block 4 1734 Grove Dr. 05-29-16-94338-004-0110 Lot 11, Block 4 1740 Grove Dr. together with: All Right of Way of Grove Drive abutting Lots 9 and 11, Block 4; all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94356-004-0190 Lot 19, Block 4 1745 Thomas Dr. 05-29-16-94356-005-0130 Lot 13, Block 5 1748 Thomas Dr. 05-29-16-94356-005-0150 Lot 15, Block 5 2747 Terrace Dr. together with: All Right of Way of Thomas Drive abutting Lot 19, Block 4; all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94374-003-0110 Lot 11, Block 3 2734 Terrace Dr. 05-29-16-94374-005-0170 Lot 17, Block 5 1759 Lucas Dr. 05-29-16-94374-006-0130 Lot 13, Block 6 1752 Lucas Dr. together with: All Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6; together with: All Right of Way of Terrace Drive abutting Lot 11, Block 3; all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. -------------------------------------------------------------------------------------- ------------------------------------------Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 3 Item # 21 Page 2 of 2 Parcel ID Legal Description Address 05-29-16-94392-006-0190 Lot 19, Block 6 1745 Evans Dr. 05-29-16-94392-007-0050 Lot 5, Block 7 1716 Evans Dr. together with: All Right of Way of Evans Drive abutting Lot 19, Block 6; all the above in Virginia Grove Terrace Forth Addition subdivision, as recorded in Plat Book 37 on Page 75, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------Parcel ID Legal Description Address 05-29-16-94410-004 -0050 Lot 5, Block D 2826 State Road 590 in Virginia Grove Terrace Fifth Addition as recorded in Plat Book 51 on page 43, of the Public Records of Pinellas County, Florida. -------------------------- ------------------------------------------------------------------------------------------------------All together in Phase D: 22 parcels: 4.27 acres Right of Way: 1.366 acres ----------------------- --------------Total Acreage: 5.636 acres Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 4 Item # 21 ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P, Drainage Feature Overlay (County) R-3 (County) RL, P, Drainage Feature LMDR, P (City) Overlay (City) Atlas Page: 264A LMDR LMDR LMDR 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 P* P* SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR DIANE DR MORNINGSIDE DR ST. CROIX DRAUDREY DR SOUTH DR THOMAS DR WOODRING DR TERRAC E DR EL TRINDAD DR E ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR AUDREY DR OWEN DR LMDR OLMDR -Not to Scale--Not a Survey-*Parcels at 2734 Terrace Dr. and 1716 Evans Dr. will have “P” (Preservation) zoning in the rear of the properties to reflect corresponding Future Land Use designation. Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 5 Item # 21 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve the first amendment to the first amended and restated Development Agreement between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater, adopt Resolution 12-02, and authorize the appropriate officials to execute same. SUMMARY: The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used as a temporary city public parking lot. On October 21, 2008, the CDB approved FLD2008-05013. This application consisted of a “resort hotel” containing 250 overnight accommodation rooms and 200 interval ownership/timeshare rooms – a total of 450 rooms (163.6 rooms/acre on total site) with 250 rooms being granted to the project from the Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Also included with the application was the vacation of the former pedestrian bridge landing area right-of-way on the northwest corner of the site and the dedication of additional right-of-way at the intersection of S. Gulfview Boulevard and Coronado Drive. At its meeting of December 18, 2008, the City Council approved the companion Development Agreement (DVA2008-00001) to the above FLD application. In addition to addressing those elements directly associated with the new development approval, the amendment also reestablished the “Effective Date” of the Development Agreement – extending the overall life of the agreement until April 2019, but more importantly extending the developers deadline to commence construction until February 11, 2012. The proposed amendment is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: · Clarifies that the applicant is no longer seeking interval ownership/timeshare use for the units/rooms; · Provides a breakdown of the floor area dedicated to meeting space as Exhibit O; · Deletes a paragraph pertaining to interval ownership/timeshare units having to be depicted on the development plan (Exhibit B); · Adds language to three sections of the Development Agreement stating that the applicant is requesting an extension of the Effective Date from February 11, 2009 to on or about February 11, 2012. Based upon this change, the applicant shall have an additional three years during which they must commence construction or lose the 250 overnight accommodation units having been received from the Destination Resort Density Pool. The Community Development Board reviewed this Development Agreement application (DVA2008-00001A) at its public hearing on December 20, 2011 and unanimously recommended approval of the application. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 22 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 22 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 22 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 22 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 22 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 5 Item # 22 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 6 Item # 22 Community Development Board – December 20, 2011 DVA2008-00001A – Page 1 of 4 CDB Meeting Date: December 20, 2011 Case Number: DVA2008-00001A Owner/Applicant: K & P Clearwater Estate, LLC Agenda Item: F. 2. Representative: J. Paul Raymond, Esq., and Macfarlane, Ferguson & McMullen Address: 100 Coronado Drive CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of the first amendment to the first amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater. ZONING DISTRICT: Tourist (T) FUTURE LAND USE PLAN CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT: Beach Walk PROPERTY USE: Current: Vacant (temporary City public parking lot) Proposed: Overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck) EXISTING SURROUNDING ZONING AND USES: North: Tourist (T) District Pier 60 South: Tourist (T) District Overnight Accommodations East: Tourist (T) District Vacant, Retail Sales and Overnight Accommodations West: Open Space/Recreation (OS/R) District Beach and Gulf of Mexico ANALYSIS: Site Location and Existing Conditions: The 2.75-acre subject property is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. While the subject property is currently used as a temporary public parking lot, it was previously developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach Motel) and numerous retail sales and restaurant uses. The overall property includes several vacated and dedicated rights-of-way. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 22 Community Development Board – December 20, 2011 DVA2008-00001A – Page 2 of 4 Approved Development: On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-00001). These development approvals authorized the following:  Use of 250 hotel rooms from the Beach by Design Destination Resort Density Pool;  Maximum building height of 150 feet;  Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street;  Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard;  Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and  Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. On May 17, 2005, the CDB approved a Flexible Development application (FLD2004-02013A) amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard. On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1st Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1st Street. On October 21, 2008, the CDB approved FLD2008-05013. This application consisted of a “resort hotel” containing 250 overnight accommodation rooms and 200 interval ownership/timeshare rooms – a total of 450 rooms (163.6 rooms/acre on total site) with 250 rooms being granted to the project from the Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Also included with the application was the vacation of the former pedestrian bridge landing area right-of-way on the northwest corner of the site and the dedication of additional right-of-way at the intersection of S. Gulfview Boulevard and Coronado Drive. At its meeting of December 18, 2008, the City Council approved the companion Development Agreement (DVA2008-00001) to the above FLD application. In addition to addressing those elements directly associated with the new development approval, the amendment also reestablished the “Effective Date” of the Development Agreement – extending the overall life of the agreement until April 2019, but more importantly extending the developers deadline to commence construction until February 11, 2012. Development Agreement: The currently proposed amendment to the Development Agreement does not have a companion development application, as the previously established parameters for the development are not being altered through this amendment. The primary purpose of this amendment is to make clear that the developer no longer intends to develop the project with “Interval Ownership Units,” i.e. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 22 Community Development Board – December 20, 2011 DVA2008-00001A – Page 3 of 4 timeshares, but instead to develop the project solely as a hotel (in fact two hotels), and to again reestablish the “Effective Date” of the Development Agreement. The Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions:  Clarifies that the applicant is no longer seeking interval ownership/timeshare use for the units/rooms;  Provides a breakdown of the floor area dedicated to meeting space as Exhibit “O”;  Deletes a paragraph pertaining to interval ownership/timeshare units having to be depicted on the development plan (Exhibit “B”);  Add language to three section of the Development Agreement stating that the applicant is requesting an extension of the Effective Date from February 11, 2009 to on or about February 11, 2012. Based upon this change, the applicant shall have an additional three years during which they must commence construction or lose the 250 overnight accommodation units having been received from the Destination Resort Density Pool. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. The CDB has been provided with the most recent draft of the Development Agreement. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of November 3, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following findings of fact and conclusions of law: Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 2.75-acre subject property is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street; 2. That the subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That any development proposal on the subject property is subject to the requirements of Beach by Design and the Design Guidelines contained therein as the property is located within the Beach Walk character district; 4. That this is an amendment to the prior Development Agreement (DVA2008-00001) having been approved by City Council at their meeting of December 18, 2008; and 5. That this amendment would, in part, establish a new “Effective Date” for the Development Agreement, thereby extending the life of the Development Agreement an additional three Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 22 Community Development Board – December 20, 2011 DVA2008-00001A – Page 4 of 4 years from the date the approved and recorded agreement is received by the state land planning agency. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the amendment to the previously approved Development Agreement complies with the standards and criteria of Section 4-606, Community Development Code; 2. That the amendment to the previously approved Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and 3. That the amendment to the previously approved Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Beach Walk character district. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of the first amendment to the first amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater for the property generally located at 100 Coronado Drive. Prepared by Planning & Development Dept. Staff: Robert G. Tefft, Development Review Manager ATTACHMENT: Amended Development Agreement Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 22 Resolution No. 12-02 RESOLUTION NO. 12-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND K & P CLEARWATER ESTATE, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a Development Agreement with K & P Clearwater Estate, LLC that was adopted by the City Council on February 17, 2005, by Resolution No. 05-13, amended by First Amendment to Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, adopted by the City Council on March 16, 2006 by Resolution No. 06-11; and WHEREAS, the City of Clearwater entered into a First Amended and Restated Development Agreement with K & P Clearwater Estate, LLC, that was approved by the City Council on , 2008, by adoption of Resolution No. 08-14; and WHEREAS, it is desirable to amend said First Amended and Restated Development Agreement in order to extend the timeframe for construction and amend the quality requirements of the project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The First Amendment to the First Amended and Restated Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 3 \nPage 1 Item # 22 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Deny a Future Land Use Map Amendment from the Institutional (I) classification to the Industrial Limited (IL) classification and a Zoning Atlas amendment from the Institutional (I) District to the Industrial, Research and Technology (IRT) District, and a Development Agreement between AEC Sunset Point, LLC (the property owner) and the City of Clearwater for property located at 2750 and 2754 Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass Ordinances 8294-12and 8295-12 on first reading and do not pass Resolution 12-01. (LUP2011-09003, REZ2011-09006 and DVA2011-10001) SUMMARY: This Future Land Use Map amendment, rezoning application and development agreement involve the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, located on the north side of Sunset Point Road, approximately 477 feet west of Soule Road. This property has a future land use classification of Institutional (I) and is in the Institutional (I) zoning district. The applicant is requesting to amend the future land use classification to Industrial Limited (IL) classification and the zoning designation to Industrial, Research and Technology (IRT) District. The subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000; in 2002 the site was sold to AEC Sunset Point, LLC. The property currently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point Road. The property owner intends to expand the current nonconforming manufacturing use to 130,000 square feet. The Planning and Development Department has determined that the proposed Future Land Use Map amendment and Zoning Atlas amendment is inconsistent with the Community Development Code as specified below: · The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. · The proposed amendment conflicts with the character of the neighborhood. · The available uses in the Industrial, Research and Technology (IRT) District are incompatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment, so review and approval by the Florida Department of Economic Opportunity is not required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed Future Land Use Map amendment and Zoning Atlas amendment. Manufacturing use of up to 130,000 square feet of non-residential floor area (0.45 Floor Area Ratio) at a maximum height of 35 feet is proposed, whereas the Community Development Code would allow 186,051 square feet (0.65 Floor Area Ratio) at a maximum height of 50 feet. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years and requires the Developer to limit the use of the property to offices, outdoor retail sales, display and/or storage, research and technology use and manufacturing. The proposed Agreement will prohibit such uses as warehouse facility, major vehicle service, adult uses, nightclubs and salvage yards. The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the City’s Comprehensive Plan. The Community Development Board reviewed these applications at its public hearing on December 20, 2011 and recommended approval (6-1) of the Future Land Use Plan amendment, Zoning Atlas amendment and Development Agreement. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Location Map.doc [ PROJECT SITE -Not to Scale--Not a Survey-LOCATION MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Aerial Photograph.doc SOULE RD SUNSET POINT RD SOUTH DR ROBINWOOD DR HARBOR CIR -Not to Scale--Not a Survey-AERIAL PHOTOGRAPH Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Future Land Use Map.doc I I I I RU RL RM I RLM RLRL CG R/O/R R/OG R/O/R R/OL RM P R/OG I P R/O/R R/OL RM SOULE RD SU NSET POINT RD SOUTH DR ROBINWOOD DR 2701 2697 2695 2689 2683 2671 2651 2728 2730 2706 2796 2794 2788 2776 2768 1982 2779 1946 1970 1948 1934 2770 2787 2684 2753 2678 2650 2770 2674 2751 2705 2661 2659 2732 2782 2760 2752 2754 2791 2785 2775 2767 1938 1934 19402790 2764 2764 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-I I P FUTURE LAND USE MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A IL Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Zoning Map.doc SOULE RD SU NSET POINT RD SOUTH DR ROBINWOOD DR C O C 2701 2697 2695 2689 2683 2671 2651 2661 2728 2730 2706 2796 2794 2788 2782 2776 2768 1982 2791 2785 2779 1946 1970 1948 1934 1934 1938 1940 2770 2790 2787 2684 2753 2678 2650 2770 2674 I P MHP LMDR 2751 2705 2659 2732 2760 2752 2754 2775 2767 2764 2764 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-I I ZONING MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A IRT Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Existing Surrounding Uses Map.doc 110 100 100 125 125 116.9 66 66 6060 100(S) 741 42 76212 761 94 25622 23/06 23/13 2.78 13 24/06 1.31 24 /12 24/11 24/14 4.23 21/03 5.85 B B A A 1 14 15 1 2 3 4 5 1 2 3 4 5 6 7 8 7 8 9 12 10 11 6 5 4321 1 2 5 6 4 7 24/03 24/04 24/07 24/08 24/09 2. 62 2.4 24/10 5 9 10 11 12 13 14 15 16 1 253 62 K 66 60 A C (C) 1 1 1 1 3 2 1 1 1 A C(C) A C (C) A C A C(C) 2701 2697 2695 2689 2683 2671 2661 2706 2794 2788 2782 2776 2768 1982 2779 1970 1934 1938 1940 2770 2787 2684 2678 2650 2770 2674 SOULE RD SUNSET POINT RD ROBINWOOD DR 2751 2705 2651 2659 2728 2730 2732 2796 2760 2752 2754 2791 2785 2775 2767 1946 1948 1934 2790 2764 2764 2753 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-EXISTING SURROUNDING USES MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A Mobile Home Park Assisted Living Facility and Nursing Home Independent Living Facility Boat, Mobile Home and Travel Trailer Sales Self-Storage Mobile Home Park Office Vacant Vacant Preservation Land Single Family Homes Single Family Homes Offices Offices Cemetery Church Church Single Family Homes Offices Pre-School Vet Office Single Family Homes Phone Utility Facility Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 5 Item # 23 View looking north at the subject parcel, 2750 Sunset Point Road West of the subject property, Preservation land View looking north at the subject parcel, 2754 Sunset Point Road West of the subject property, office LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point, LLC 2750 and 2754 Sunset Point Road East of the subject property, single family homes, view from Robinwood Drive entrance East of the subject property, single family homes, view from subject site Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 6 Item # 23 East of the subject property, offices East of the subject property, phone utility facility LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point, LLC 2750 and 2754 Sunset Point Road Across street, to south of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Across street, to south of the subject property Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 7 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-09003 -Page 1 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc CDB Meeting: December 20, 2011 Case Number: LUP2011-09003 Applicant: AEC (Aviation Engineering Consultants) Sunset Point, LLC Address: 2750 and 2754 Sunset Point Road Agenda Item: F.3 (Related to F.4 and F.5) STAFF REPORT LAND USE PLAN AMENDMENT I. GENERAL INFORMATION Request: To amend the present Future Land Use Map designation from Institutional (I) to Industrial Limited (IL) Location: 2750 and 2754 Sunset Point Road, located on the north side of Sunset Point Road approximately 477 feet west of Soule Road Site Area: 286,219 square feet or 6.571 acres MOL II. BACKGROUND This case involves the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, owned by AEC (Aviation Engineering Consultants) Sunset Point LLC. The remainder of the southern parcel (12.84 acres) is designated Preservation and Water/Drainage Feature and is not proposed to be amended. The property is comprised of two parcels and currently contains the AEC business on the northeastern parcel and a portion of the southern parcel. The subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000. In 2000, a portion of Lot 1 of the Elks Subdivision was approved for a Future Land Use Map amendment from Institutional (I) to Residential/Office Limited (R/OL) and a Zoning Atlas amendment from Institutional (I) to Office (O). In that same year, Clearwater Elks Lodge sold that portion to C.C.I Investments, Inc. The remaining portion of Lot 1, still designated as Institutional (I), was sold to AEC Sunset Point, LLC in November 2002. In February 2003, Mr. Rouhani, owner of AEC, obtained an occupational license to operate as an office use. This license was issued in error, due to incorrect zoning and future land use designations entered into the City’s permitting software, and staff thought the license was being issued for the portion of the property that had the future land use and zoning amended in 2000. Office uses are not permitted in the Institutional (I) zoning district. Mr. Rouhani has stated that the original occupational license application for AEC also included the manufacturing category, but staff has been unable to locate the original copy of the occupational license. The request is to change the property’s Future Land Use Map designation of Institutional (I) to Industrial Limited (IL). The applicant has indicated that the intent is to expand the existing business into a larger facility. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-01002 -Page 2 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc A request for rezoning of the property from Institutional (I) to Industrial, Research and Technology (IRT) and a Development Agreement, which limits the uses and development potential of the site, are being processed concurrently with this case (see REZ2011-09006 and DVA2011-10001). Community Development Code Section 4-602.B, dealing with Zoning Atlas amendments, requires an application for development approval be submitted at the same time as the Zoning Atlas amendment application. However, Planning and Development Department staff failed to require the application for development approval and determined the Zoning Atlas amendment application to be complete in December 2009 and the case was heard at the Development Review Committee (DRC) meeting held on January 7, 2010. At the DRC meeting Planning staff listed six conditions that required response for resubmittal prior to Community Development Board meeting. The applicant did not resubmit. The case was left open at the applicant’s request in order to respond to case conditions at a future date. In late September 2011 the applicant’s agent contacted City staff and indicated they were planning to resubmit in October and respond to case conditions, which they did on October 12, 2011. In October 2011 the applicant’s agent indicated to City staff that they would submit an application for a Development Agreement in November, which they did on November 1, 2011. III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The property currently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point Road. The southern 200 feet of the driveway that connects to Sunset Point Road is designated as Preservation and Water/Drainage Feature. Adjacent and to the east of the property are single family homes, offices and a phone utility facility and across Soule Road is a large cemetery. Immediately adjacent to the west are preservation lands owned by the applicant and beyond, in close proximity to the intersection of U.S 19 and Sunset Point Road, are various office, retail and residential uses. To the north is an independent living, assisted living and nursing home facility, and to the south are places of worship. The general character of the immediate vicinity is institutional and residential with a small area of low intensity offices. A major wetland is adjacent to the west of the subject site, which is owned by the applicant, and creates a natural boundary from the more intensive commercial area to the east, adjacent to US Highway 19 North and the subject site. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-09003 -Page 3 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc B. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Land Use FLUM Designation Zoning Atlas Designation North: Independent living, assisted living and nursing home facility Institutional (I) Institutional (I) East: Single family homes, offices and phone utility facility Residential Low (RL) and Residential/Office Limited (R/OL) Single Family Residential (R-2) (County) and Office (O) South: Places of worship Institutional (I) Institutional (I) West: Preservation lands, offices, mobile homes, self-storage and boat and travel trailer sales Preservation (P), Water/Drainage Feature, Residential/Office/Retail (R/O/R), Commercial General (CG), Residential Low Medium (RLM) and Residential/Office General (R/OG) Preservation (P), Commercial Parkway (CP-1) (County), Commercial (C), and Mobile Home Park (MHP) C. Uses and Intensities Allowed by Present and Requested Future Land Use Designations Present FLUM Designation Institutional (I) Requested FLUM Designation Industrial Limited (IL) Primary Uses: Public/Private Schools; Churches; Public Offices; Hospitals Light Manufacturing; Overnight Accommodations; Research/Development; Wholesale; Warehouse Maximum Density: 12.5 Dwelling Units Per Acre 50 or 75 Overnight Accommodation Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Institutional (I) Industrial, Research and Technology (IRT) IV. REVIEW CRITERIA No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-01002 -Page 4 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc contained in Section 4-603.F, Community Development Code. A. Consistency with the Clearwater Comprehensive Plan [Section 4-603.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed amendments include: Policy A.2.2.4 Industrial land uses shall be located along arterial or major collector streets, with rail access if possible. Siting and operation of industrial land uses should not create adverse off-site impacts, particularly as these off-site impacts may degrade residential areas. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineations, other standards, and special rules. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.1.7 Identify Neighborhood Character Features: natural or manmade elements that give neighborhoods their distinct personalities. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Among the adjacent properties on the north side of Sunset Point Road, the majority are residential (or residential equivalent) or preservation uses. This includes 19 residential properties to the east, the Regency Oaks Independent Living, Assisted Living and Nursing Home property to the north and the Preservation land to the west. Together, these account for 85 percent of the perimeter boundary, the remainder of which are offices and a phone utility facility. Although the existing manufacturing use has been taking place at the site for some time, the proposed future land use plan amendment would permit the expansion of the development at a scale 12 times the current size. West of the wetland that borders the subject site, the Citywide Design Structure (Map #A-14) designates the area of Sunset Point Road adjacent to U.S. 19 as a multineighborhood shopping center. To the east of the site across Soule Road, the map Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-01002 -Page 5 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc designates the Sylvan Abbey cemetery as a neighborhood character feature. While Map #B-6, Road Network, identifies Sunset Point Road as a minor collector, this location is not an enterprise zone, activity center or designated redevelopment corridor overlay on the Citywide Design Structure map. Recommended Conclusions of Law This site is located adjacent to a significant wetland with Preservation and Water/Drainage Feature designations. It is located within an area of the city that is characterized by institutional and residential uses and in close proximity to a large cemetery that is designated as a neighborhood character feature. The proposed Industrial Limited designation for the site is not consistent with any of the surrounding land use categories or existing land uses. There is no other industrial designated land anywhere within the vicinity of the site or in this area of the City and there is no rail service that can access the property. As noted above, 85 percent of the perimeter boundary is comprised of residential and residential equivalent uses and wetlands. There is clear potential based on the uses allowed by the proposed land use category to create adverse off-site impact on surrounding properties. Expansion of the current non-conforming use is not compatible with these properties. The proposed amendment is inconsistent with Policy A.2.2.4. Policy A.6.1.6, states that land use decisions in Clearwater shall support the expansion of economic opportunity, but goes on to say that this is to be implemented through the establishment of enterprise zones, activity centers and redevelopment areas. The subject site is not located within an enterprise zone, activity center or a redevelopment area, as shown in Map #A-14. Therefore, the proposed amendment is not consistent with Policy A.6.1.6. The Comprehensive Plan recognizes the significant open space and institutional character of this area surrounding the subject site. This area of the City is not appropriate for industrial land uses. Industrial land uses are out of character with the surrounding designations on the Future Land Use Map as well as the Citywide Design structure and natural characteristics of the surrounding land. B. Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.6.1 of the Countywide Plan Rules states that the purpose of the Industrial Limited (IL) future land use classification is to depict those areas of the county that are now developed, or appropriate to be developed, in a limited industrial manner; and so as to encourage the reservation and use of consolidated areas for industrial and industrial/mixed-use in a manner and location consistent with surrounding use, transportation facilities, and natural resource characteristics. Section 2.3.3.6.1 also states that the Industrial Limited (IL) future land use classification is generally appropriate to locations with sufficient size to encourage an industrial park arrangement, as well as integrated industrial/mixed-use projects, with provision for internal service access in locations suitable for light industrial use with minimal adverse impact on adjoining uses; and served by the arterial and thoroughfare highway network, Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 5 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-01002 -Page 6 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc as well as mass transit. The subject property is located on the north side of Sunset Point Road (a minor arterial road), between US Highway 19 (an arterial road) and Soule Road (a local major street). To the north of the subject property is an independent living, assisted living and nursing home facility, to the south are places of worship, to the east are single family homes, offices and phone utility facility and to the west are preservation lands. The subject site is bounded by a wetland, residential uses, and some office uses, in an unusually configured 6.571 acre subject site. Recommended Conclusions of Law The portion of the property considered under this amendment is situated between the Preservation wetland to the west and residential and low intensity office uses to the east. As such, it is not consistent with the surrounding uses or natural resource characteristics as it is located contiguous to designated Preservation and residential property on the Future Land Use Map. The property is not of sufficient size to encourage an industrial park arrangement, nor is it an integrated industrial/mixed-use project. Furthermore, no adjacent land uses are industrial in nature, as they primarily consist of offices, residences, and institutional uses. C. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Immediately adjacent to the subject site is preservation land, independent living, assisted living, and nursing home facility, single family homes, places of worship, offices, and phone utility facility. The future land use designations of these properties include Preservation (P), Institutional (I), Residential Low (RL), and Residential/Office Limited (R/OL). Further west, beyond the preservation land, are various office, retail and residential uses. The future land use designations of these properties include Residential/Office General (R/OG), Residential Low Medium (RLM), Commercial General (CG), and Residential/Office/Retail (R/O/R). Between this more commercial area and the subject property is the Preservation land, which serves as a dividing buffer to the institutional uses to the east. The proposed manufacturing use on the subject property is not compatible with the immediately adjacent properties and neighborhood. The area is institutional and residential in nature. In addition, Sylvan Abbey Memorial Park is designated as a Neighborhood Character Feature (Map A-14: Citywide Design Structure). The proposed Industrial Limited (IL) future land use category permits 50 to 75 overnight accommodation units per acre and a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include: · Institutional (I) (12.5 Dwelling Units Per Acre; FAR 0.65) · Preservation (P) (FAR 0.10) · Residential Low (RL) (5 Dwelling Units Per Acre; FAR 0.40) · Residential Low Medium (RLM) (10 Dwelling Units Per Acre; FAR 0.50) · Residential/Office Limited (R/OL) (7.5 Dwelling Units Per Acre; FAR 0.40) Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 6 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-01002 -Page 7 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc · Residential/Office/Retail (R/O/R) (18 Dwelling Units Per Acre; FAR 0.40) · Residential/Office General (R/OG) (15 Dwelling Units Per Acre; 0.50) The Industrial Limited (IL) future land use classification request is not consistent with the majority of surrounding future land use classifications that exist in the vicinity of the subject property. Recommended Conclusions of Law Although the applicant is proposing Restrictive Covenants that will limit the allowed uses of the property, manufacturing and outdoor storage are not among the uses proposed to be prohibited. The proposal to limit, by Restrictive Covenants, a plurality of allowable uses contained in the Industrial Limited (IL) category suggests inherent incompatibilities. In summary, the proposed future land use designation is not in character with the overall Future Land Use Map designations in the area. The proposal is not compatible with surrounding uses nor is it consistent with the character of the surrounding properties and neighborhood. D. Sufficiency of Public Facilities [Section 4-603.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations is typically analyzed. However, in this situation, since the present and requested designations allow the same floor area ratio (0.65) a comparison will show no change in allowable development. As shown in Table 1 below, the potential additional maximum daily trips associated with the requested amendment to the Industrial Limited (IL) Future Land Use designation would not lower the operating level of service for Sunset Point Road. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 7 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-09003 -Page 8 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc Table 1: Maximum Potential Traffic Sunset Point Road (McMullen Booth Road to US 19) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 1,262 1,170 -92 Potential Additional Maximum PM Peak HourTrips3 N/A 120 111 -9 Roadway Volume 16,1304 17,3925 17,3005 -92 Roadway Level of Service PM Peak Hour B4 B5 B5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 192 trips per day per acre in the Institutional (I) future land use category. 2. Based on PPC calculations of 178 trips per day per acre in the Industrial Limited (IL) future land use category. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2010 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2010 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. Since the present and requested designations allow the same floor area ratio an amendment would yield no change in levels of service to potable water, wastewater, parkland, recreation facilities, public school facilities and mass transit. E. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: A large portion (12.84 acres) of the western parcel has a Future Land Use Map designation and Zoning Atlas category of Preservation (P) and Water/Drainage Feature. This same portion is designated by three maps in Comprehensive Plan as Wetland Forested Mixed (Map A-8), Bay Swamp (Map A-9) and in the 100 year floodplain (Map A-10). Since wetlands are present on the property, a jurisdictional wetland survey is required for development of the site. The Community Development Code (Section 3-907) requires a vegetative buffer adjacent to Preservation district parcels or jurisdictional wetlands. The portion of the property that is requesting the amendment gains access to Sunset Point via a driveway that goes through this land designated as Preservation. Recommended Conclusions of Law Based on current information, wetlands appear to be located on the western parcel of the subject property. In addition, this same portion is designated as Bay Swamp and 100 year floodplain in the Comprehensive Plan. Development of land for industrial uses is not appropriate adjacent to Preservation designated property. At the time of development, the proposed development is required to be compliant with the City’s tree preservation and storm water management requirements. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 8 Item # 23 Community Development Board – December 20, 2011 -Case LUP2011-01002 -Page 9 of 9 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\44439741-9F21-4F54-BF39-53AF69B4C01E\PDFConvert.15971.1.LU P2011-09003_Staff_Report.doc V. REVIEW PROCEDURE Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. The property owner must comply with all laws and ordinances in effect at the time development permits are requested. VI. RECOMMENDATION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the request for Future Land Use Map amendment from the Institutional (I) classification to the Industrial Limited (IL) classification. Prepared by Planning & Development Department staff: _______________________________ Catherine Lee Planner III Attachments: Resume Application for Future Land Use Plan Amendment Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 9 Item # 23 Ordinance No. 8294-12 ORDINANCE NO. 8294-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 477 FEET WEST OF SOULE ROAD, CONSISTING OF A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2750 AND 2754 SUNSET POINT ROAD, FROM INSTITUTIONAL (I), TO INDUSTRIAL LIMITED (IL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit “A” From: Institutional (I) To: Industrial Limited (IL) (LUP2011-09003) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 1 Item # 23 Ordinance No. 8294-12 ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 2 Item # 23 Neevia Document Converter Pro Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Future Land Use Map.doc I I I I RU RL RM I RLM RLRL CG R/O/R R/OG R/O/R R/OL RM P R/OG I P R/O/R R/OL RM SOULE RD SU NSET POINT RD SOUTH DR ROBINWOOD DR 2701 2697 2695 2689 2683 2671 2651 2728 2730 2706 2796 2794 2788 2776 2768 1982 2779 1946 1970 1948 1934 2770 2787 2684 2753 2678 2650 2770 2674 2751 2705 2661 2659 2732 2782 2760 2752 2754 2791 2785 2775 2767 1938 1934 19402790 2764 2764 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-I I P FUTURE LAND USE MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A IL Neevia Document Converter Pro v6.1 Attachment number 3 \nPage 4 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-09006 -Page 1 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx CDB Meeting: December 20, 2011 Case Number: REZ2011-09006 Applicant: AEC (Aviation Engineering Consultants) Sunset Point, LLC Address: 2750 and 2754 Sunset Point Road Agenda Item: F.4 (Related to F.3 and F.5) STAFF REPORT ZONING ATLAS AMENDMENT I. GENERAL INFORMATION Request: To amend the Zoning Atlas designation from the Institutional (I) District to the Industrial, Research and Technology (IRT) District Location: 2750 and 2754 Sunset Point Road, located on the north side of Sunset Point Road approximately 477 feet west of Soule Road Site Area: 286,219 square feet or 6.571 acres MOL II. BACKGROUND This case involves the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, owned by AEC (Aviation Engineering Consultants) Sunset Point LLC. The remainder of the southern parcel (12.84 acres) is designated Preservation and Water/Drainage Feature and is not proposed to be amended. The property is comprised of two parcels and currently contains the AEC business on the northeastern parcel and a portion of the southern parcel. The subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000. In 2000, a portion of Lot 1 of the Elks Subdivision was approved for a Future Land Use Map amendment from Institutional (I) to Residential/Office Limited (R/OL) and a Zoning Atlas amendment from Institutional (I) to Office (O). In that same year, Clearwater Elks Lodge sold that portion to C.C.I Investments, Inc. The remaining portion of Lot 1, still designated as Institutional (I), was sold to AEC Sunset Point, LLC in November 2002. The request is to change the property’s Zoning Atlas designation of Institutional (I) to Industrial, Research and Technology (IRT). The applicant has indicated that the intent is to expand the existing business into a larger facility. A request for a Future Land Use Map amendment of the property from Institutional (I) to Industrial Limited (IL) and a Development Agreement, which limits the uses and development potential of the site, are being processed concurrently with this case (see LUP2011-09003 and DVA2011-10001). Community Development Code Section 4-602.B, dealing with Zoning Atlas amendments, requires an application for development approval be submitted at the same time as the Zoning Atlas amendment application. However, Planning and Development Department staff failed to require the application for development approval and determined the Zoning Atlas amendment application to be complete in December 2009 and the case was heard at the Development Review Committee (DRC) meeting held on January 7, 2010. At the DRC meeting Planning staff listed six Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 1 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-01002 -Page 2 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx conditions that required response for resubmittal prior to Community Development Board meeting. The applicant did not resubmit. The case was left open at the applicant’s request in order to respond to case conditions at a future date. In late September 2011 the applicant’s agent contacted City staff and indicated they were planning to resubmit in October and respond to case conditions, which they did on October 12, 2011. In October 2011 the applicant’s agent indicated to City staff that they would submit an application for a Development Agreement in November, which they did on November 1, 2011. III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The property currently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point Road. The southern 200 feet of the driveway that connects to Sunset Point Road is designated as Preservation and Water/Drainage Feature. Adjacent and to the east of the property are single family homes, offices and a phone utility facility and across Soule Road is a major cemetery. Immediately adjacent to the west are preservation lands owned by the applicant and beyond, in close proximity to the intersection of U.S 19 and Sunset Point Road, are various office, retail and residential uses. To the north is an independent living, assisted living and nursing home facility, and to the south are places of worship. The general character of the immediate vicinity is institutional and residential with a small area of low intensity offices. A major wetland is adjacent to the west of the subject site, which is owned by the applicant, and creates a natural boundary from the more intensive commercial area to the east, adjacent to US Highway 19 North and the subject site. B. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Land Use FLUM Designation Zoning Atlas Designation North: Independent living, assisted living and nursing home facility Institutional (I) Institutional (I) East: Single family homes and offices Residential Low (RL) and Residential/Office Limited (R/OL) Single Family Residential (R-2) (County) and Office (O) South: Places of worship Institutional (I) Institutional (I) West: Preservation lands, offices, mobile homes, self-storage and boat and travel trailer sales Preservation (P), Water/Drainage Feature, Residential/Office/Retail (R/O/R), Commercial General (CG), Residential Low Medium (RLM) and Residential/Office General (R/OG) Preservation (P), Commercial Parkway (CP-1) (County), Commercial (C), and Mobile Home Park (MHP) Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 2 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-01002 -Page 3 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx IV. REVIEW CRITERIA No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. A. Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4-602.F.1 and 4-602.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed amendments include: Policy A.2.2.4 Industrial land uses shall be located along arterial or major collector streets, with rail access if possible. Siting and operation of industrial land uses should not create adverse off-site impacts, particularly as these off-site impacts may degrade residential areas. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineations, other standards, and special rules. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.1.7 Identify Neighborhood Character Features: natural or manmade elements that give neighborhoods their distinct personalities. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Among the adjacent properties on the north side of Sunset Point Road, the majority are residential (or residential equivalent) or preservation uses. This includes 19 residential properties to the east, the Regency Oaks Independent Living, Assisted Living and Nursing Home property to the north and the Preservation land to the west. Together, these account for 85 percent of the perimeter boundary, the remainder of which are offices and a phone utility facility. Although the existing manufacturing use has been Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 3 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-01002 -Page 4 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx taking place at the site for some time, the proposed future land use plan amendment would permit the expansion of the development at a scale 12 times the current size. West of the wetland that borders the subject site, the Citywide Design Structure (Map #A-14) designates the area of Sunset Point Road adjacent to U.S. 19 as a multineighborhood shopping center. To the east of the site across Soule Road, the map designates the Sylvan Abbey cemetery as a neighborhood character feature. While Map #B-6, Road Network, identifies Sunset Point Road as a minor collector, this location is not an enterprise zone, activity center or designated redevelopment corridor overlay on the Citywide Design Structure map Recommended Conclusions of Law This site is located adjacent to a significant wetland with Preservation and Water/Drainage Feature designations. It is located within an area of the city that is characterized by institutional and residential uses and in close proximity to a large cemetery that is designated as a neighborhood character feature. The proposed Industrial, Research and Technology designation for the site is not consistent with any of the surrounding zoning categories or existing land uses. There is no other industrial designated land anywhere within the vicinity of the site or in this area of the City and there is no rail service that can access the property. As noted above, 85 percent of the perimeter boundary is comprised of residential and residential equivalent uses and wetlands. There is clear potential based on the uses allowed by the proposed land use category to create adverse off-site impact on surrounding properties. Expansion of the current non-conforming use is not compatible with these properties. The proposed amendment is inconsistent with Policy A.2.2.4. Policy A.6.1.6, states that land use decisions in Clearwater shall support the expansion of economic opportunity, but goes on to say that this is to be implemented through the establishment of enterprise zones, activity centers and redevelopment areas. The subject site is not located within an enterprise zone, activity center or a redevelopment area, as shown in Map #A-14. Therefore, the proposed amendment is not consistent with Policy A.6.1.6. The Comprehensive Plan recognizes the significant open space and institutional character of this area surrounding the subject site. This area of the City is not appropriate for industrial land uses. Industrial land uses are out of character with the surrounding designations on the Future Land Use Map as well as the Citywide Design structure and natural characteristics of the surrounding land. B. Compatibility with Surrounding Property/Character of the City & Neighborhood [Sections 4-602.F.3 and 4-602.F.4] Recommended Findings of Fact: Immediately adjacent to the subject site is preservation land, independent living, assisted living, and nursing home facility, single family homes, places of worship, offices, and phone utility facility. The zoning designations of these properties, City and County, Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 4 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-01002 -Page 5 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx include Preservation (P), Institutional (I), Single Family Residential (R-2) (County), and Office (O). Further west, beyond the preservation land, are various office, retail and residential uses. The zoning designations of these properties, City and County, include Commercial Parkway (CP-1) (County), Commercial (C), and Mobile Home Park (MHP). Between this more commercial area and the subject property is the Preservation land, which serves as a dividing buffer to the institutional uses to the east. The proposed manufacturing use on the subject property is not compatible with the immediately adjacent properties and neighborhood. The area is institutional and residential in nature. In addition, Sylvan Abbey Memorial Park is designated as a Neighborhood Character Feature (Map A-14: Citywide Design Structure). The proposed Industrial, Research and Technology (IRT) District primarily permits manufacturing, publishing and printing, research and technology, self storage, TV/radio studios, and wholesale/distribution/warehouse facility. Only the self storage use is also found on one of the surrounding properties, to the far west, while the other primary uses allowed in this district are not found adjacent to or in the general vicinity of the subject property. Recommended Conclusions of Law The proposed Zoning Atlas designation will allow uses that are not consistent with existing institutional, residential, office and preservation uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is not in character with the surrounding area. Although the applicant is proposing Restrictive Covenants that will limit the allowed uses of the property, manufacturing and outdoor storage are not among the uses proposed to be prohibited. The proposal to limit, by Restrictive Covenants, a plurality of allowable uses contained in the Industrial, Research and Technology (IRT) category suggests inherent incompatibilities. C. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations is typically analyzed. However, in this situation, since the present and requested designations allow the same floor area ratio (0.65) a comparison will show no change in allowable development. The Trip Generation Comparison in Tables 1 and 2 below indicate the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer’s (ITE) Trip Generation 8th Edition. A manufacturing use currently exists at the site, but is a nonconforming use in the current Institutional zoning district. Expansion of nonconforming uses are prohibited by the Community Development Code, therefore the applicant is requesting this Zoning Atlas amendment. So, in this case, the current and proposed use is the same, but the scale of the use varies. Table 1 shows that there would be a net increase in PM Peak Trips when comparing the current development with the maximum that would be allowed under the Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 5 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-01002 -Page 6 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx proposed zoning district and under the proposed Development Agreement. However, the increase would not trip the thresholds for a traffic impact study. Table 2, which uses employees as the independent variable, shows that there would be a net increase in PM Peak Trips that would trip the threshold for requiring a traffic impact study. This study will be required by Traffic Operations upon submittal of a development application. While square footage is the most commonly used independent variable when analyzing potential traffic impacts, analyzing the impact by number of employees is appropriate for this manufacturing use since almost all traffic to the site is generated by employees. This is very different from retail uses, which generate traffic based on inventory display area, or office uses, which generate traffic based on floor area that is filled with offices. In contrast, for this manufacturing use, the employees generate the traffic, not the amount of square footage available for machines, the material supply storage, or produced parts storage. Table 1: Trip Generation Comparison by Zoning Atlas Designation Land Use Development Potential Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: Institutional District Existing Manufacturing1 (3.82 trips/1,000 SF GFA) 10,504 SF2 40 N/A 0.73 8 N/A Proposed Designation: Industrial, Research and Technology District Manufacturing1 (3.82 trips/1,000 SF GFA) 186,051 SF3 711 671 0.73 136 128 Permitted through Development Agreement (DVA2011-10001) Manufacturing1 (3.82 trips/1,000 SF GFA) 130,000 SF4 497 457 0.73 95 87 Abbreviations and Notes: N/A = Not Applicable SF = Square Feet GFA = Gross Floor Area 1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 140. 2. The total square footage of the two buildings given by the Pinellas County Property Appraiser. 3. Total gross floor area ratio permitted by the underlying IL Future Land Use Map category is 0.65. 4. DVA2011-10001 limits development of the subject site to 130,000 square feet of manufacturing space. Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 6 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-09006 -Page 7 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx Table 2: Trip Generation Comparison by Number of Employees Land Use Employees Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Development Existing Manufacturing1 (2.13 trips/per employee) 152 32 N/A 0.36 5 N/A Proposed Development Manufacturing1 (2.13 trips/per employee) 355 SF3 756 724 0.36 128 123 Abbreviations and Notes: N/A = Not Applicable 1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 140. 2. The current Business Tax Receipt in City permitting software indicates Aviation Engineering Consultants has 15 employees. 3. Exhibit B, submitted in support of the Zoning Atlas amendment application, indicates the future facility will accommodate 355 employees. Recommended Conclusions of Law Based upon the findings of fact, it its determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. The traffic generated by the proposed amendment will require a traffic impact study, to be provided at the time an application for development approval is submitted. Since the present and requested designations allow the same floor area ratio an amendment would yield no change in levels of service to potable water, wastewater, parkland, recreation facilities, public school facilities and mass transit. D. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Industrial, Research and Technology (IRT) District would introduce a new district in this area and is not compatible with the nursing home use to the north, residential uses to the east, place of worship use to the south, and preservation lands to the west. Recommended Conclusions of Law The Industrial, Research and Technology (IRT) District is inappropriate in this location. Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 7 Item # 23 Community Development Board – December 20, 2011 -Case REZ2011-09006 -Page 8 of 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\61C97161-295E-42F9-9B58-5C16E2296786\PDFConvert.15973.1.RE Z2011-09006_Staff_Report.docx V. REVIEW PROCEDURE Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested. VI. RECOMMENDATION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the request for Zoning Atlas amendment from the Institutional (I) District to the Industrial, Research and Technology (IRT) District. Prepared by Planning & Development Department staff: _________________________ Catherine Lee Planner III Attachments: Resume Application for Zoning Atlas Amendment Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Neevia Document Converter Pro v6.1 Attachment number 4 \nPage 8 Item # 23 Ordinance No. 8295-12 ORDINANCE NO. 8295-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 477 FEET WEST OF SOULE ROAD, CONSISTING OF A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2750 AND 2754 SUNSET POINT ROAD, FROM INSTITUTIONAL (I) TO INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit “A” From: Institutional (I) (REZ2011-09006) To: Industrial, Research and Technology (IRT) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8294-12 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 5 \nPage 1 Item # 23 Neevia Document Converter Pro Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Zoning Map.doc SOULE RD SU NSET POINT RD SOUTH DR ROBINWOOD DR C O C 2701 2697 2695 2689 2683 2671 2651 2661 2728 2730 2706 2796 2794 2788 2782 2776 2768 1982 2791 2785 2779 1946 1970 1948 1934 1934 1938 1940 2770 2790 2787 2684 2753 2678 2650 2770 2674 I P MHP LMDR 2751 2705 2659 2732 2760 2752 2754 2775 2767 2764 2764 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-I I ZONING MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A IRT Neevia Document Converter Pro v6.1 Attachment number 5 \nPage 3 Item # 23 Community Development Board – December 20, 2011 DVA2011-10001 – Page 1 of 5 CDB Meeting: December 20, 2011 Case Number: DVA2011-10001 Applicant: AEC (Aviation Engineering Consultants) Sunset Point, LLC Address: 2750 and 2754 Sunset Point Road Agenda Item: F.5 (Related to F.3 and F.4) CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION Request: Review of a Development Agreement between AEC Sunset Point LLC (the property owner) and the City of Clearwater as per Community Development Code Section 4-606. Current/Proposed Zoning Current: Institutional (I) Districts: Proposed: Industrial, Research and Technology (IRT) Current/Proposed Future Current: Institutional (I) Land Use Map Categories: Proposed: Industrial Limited (IL) Property Use: Current: Manufacturing Proposed: Manufacturing Existing Surrounding North: Institutional (I) Zoning and Uses: Independent living facility, assisted living facility and nursing home South: Institutional (I) Places of worship East: Single Family Residential (R-2) (County), Office (O) and Institutional (I) Single family homes, offices and phone utility facility West: Preservation (P), Mobile Home Park (MHP), Commercial Parkway (CP-1) (County), and Commercial (C) Preservation lands, offices, mobile homes, boat and travel trailer sales and self-storage Neevia Document Converter Pro v6.1 Attachment number 6 \nPage 1 Item # 23 Community Development Board – December 20, 2011 DVA2011-10001 – Page 2 of 5 ANALYSIS: Site Location and Existing Conditions: This case involves the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, owned by AEC Sunset Point LLC. The property is comprised of two parcels and currently contains the AEC business on the northeastern parcel and a portion of the southern parcel. The remainder of the southern parcel (12.84 acres) is Preservation land. Development Proposals: A request to amend the Future Land Use Map designation of the property from Institutional (I) to Industrial Limited (IL) is being processed concurrently with this case. In addition, a request for rezoning of the property from Institutional (I) to Industrial, Research and Technology (IRT) is also being processed concurrently with this case. Development Agreement Request: The proposed Development Agreement limits the use and development of the subject site to a total of 130,000 square feet (FAR of 0.45) of manufacturing space for a period of 20 years, whereas 186,051 square feet of development (FAR of 0.65) could be allowed. The Agreement sets forth public and private obligations and requires redevelopment of the site to be consistent with the following requirements: 1. Is not effective until final approval and effectiveness of the Future Land Use Map and Zoning Atlas amendments under LUP2011-09003 and REZ2011-09006; 2. Sets out the Developer’s transportation obligations, including the submittal of a traffic impact study (TIS) and implementation of study recommendations; 3. Prohibits certain uses through a Restrictive Covenant, to be recorded in the Official Records of Pinellas County; 4. Limits the building height to a maximum of 35 feet; 5. Requires the Preservation area to be protected through an executed perpetual Conservation Easement, to be recorded in the Official Records of Pinellas County; 6. Requires the property to be developed in conformance with the concept plan submitted as Exhibit B, including a 25 foot setback from structures to the adjacent single family residential properties to the east and a 25 foot vegetative buffer from the Preservation zoned land to the west. Additionally, the Development Agreement obligates the City to comply with the following: 1. Concurrently process the Future Land Use Map amendment under LUP2011-09003 and Zoning Atlas amendment under REZ2011-09006; 2. Pending a jurisdictional wetland survey submitted by the Developer, obligates the City to use the administrative adjustment procedure to adjust the Preservation line, providing it is Neevia Document Converter Pro v6.1 Attachment number 6 \nPage 2 Item # 23 Community Development Board – December 20, 2011 DVA2011-10001 – Page 3 of 5 in accord with the Community Development Code and Pinellas Planning Council Countywide Rules. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN: [Section 4-606.F] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed amendments include: Policy A.2.2.4 Industrial land uses shall be located along arterial or major collector streets, with rail access if possible. Siting and operation of industrial land uses should not create adverse offsite impacts, particularly as these off-site impacts may degrade residential areas. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineations, other standards, and special rules. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.1.7 Identify Neighborhood Character Features: natural or manmade elements that give neighborhoods their distinct personalities. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Among the adjacent properties on the north side of Sunset Point Road, the majority are residential (or residential equivalent) or preservation uses. This includes 19 residential properties to the east, the Regency Oaks Independent Living, Assisted Living and Nursing Home property to the north and the Preservation land to the west. Together, these account for 85 percent of the perimeter boundary, the remainder of which are offices and a phone utility facility. Although the existing manufacturing use has been taking place at the site for some time, the proposed development agreement would permit the expansion of the development at a scale 12 times the current size. Neevia Document Converter Pro v6.1 Attachment number 6 \nPage 3 Item # 23 Community Development Board – December 20, 2011 DVA2011-10001 – Page 4 of 5 West of the wetland that borders the subject site, the Citywide Design Structure (Map #A-14) designates the area of Sunset Point Road adjacent to U.S. 19 as a multi-neighborhood shopping center. To the east of the site across Soule Road, the map designates the Sylvan Abbey cemetery as a neighborhood character feature. While Map #B-6, Road Network, identifies Sunset Point Road as a minor collector, this location is not an enterprise zone, activity center or designated redevelopment corridor overlay on the Citywide Design Structure map. Recommended Conclusions of Law: The proposed expansion of the current nonconforming manufacturing use of the site is not consistent with any of the surrounding land uses. The Development Agreement indicates that 195 parking spots will be provided. The applicant has pledged to provide 355 jobs. At this time, the applicant and his representatives have not indicated hours of operation. It appears multiple shifts may be necessary to accommodate future full employment. The proposed Development Agreement limits the impact, should the future land use classification and zoning district be amended, as it prohibits 30 of the 34 allowable uses in the Industrial, Research and Technology (IRT) district. The proposal to limit, by Restrictive Covenants, a plurality of allowable uses contained in the Industrial, Research and Technology (IRT) category suggests inherent incompatibilities. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of December 1, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: 1. That the 6.571-acre site is located on the north side of Sunset Point Road approximately 477 feet west of Soule Road; 2. That there is a companion application to amend the Future Land Use Map designation for the subject property from Institutional (I) to the Industrial Limited (IL) classification (LUP2011-09003), and to rezone the property from Institutional (I) district to the Industrial, Research and Technology (IRT) district (REZ2011-09006); 3. That the purpose of this Development Agreement is to restrict the development potential on the property to less than the maximums allowable and limit the allowable uses of the property to manufacturing, offices, outdoor retail sales, display and/or storage, and research and technology use; 4. That a 25 foot setback will be provided to the residential properties to the east and a 25 foot vegetative buffer will be provided to the Preservation and Water/Drainage Feature land to the west; 5. That the proposed agreement endures for 20 years; 6. That the proposed use of the property is not compatible with the surrounding area; 7. That the property is situated between a wetland to the west and residential and low intensity office uses to the east; 8. That the operational characteristics, based on the proposed parking and projected number of employees, will require the need for multiple shifts. Neevia Document Converter Pro v6.1 Attachment number 6 \nPage 4 Item # 23 Community Development Board – December 20, 2011 DVA2011-10001 – Page 5 of 5 Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement does not comply with the standards and criteria of Section 4-606 of the Community Development Code; 2. That the Development Agreement is inconsistent with and the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the DENIAL of a Development Agreement between Aviation Engineering Consultants Sunset Point LLC (the property owner) and the City of Clearwater as per Community Development Code Section 4-606, for the property at 2750 and 2754 Sunset Point Road. Prepared by Planning and Development Department Staff: __________________________________________ Catherine Lee, Planner III ATTACHMENTS: q Development Agreement with Exhibits q Staff Resume q Location Map q Aerial Map q Future Land Use Map q Zoning Map q Existing Surrounding Uses Map q Site Photographs S:\Planning Department\C D B\Development Agreements (DVA)\Sunset Point Rd 2750 and 2754 Aviation Engineering Consultants LLC DVA2011-10001 -(I) 2011.12 -CL\Staff Report\DVA2011-10001 Staff Report.docx Neevia Document Converter Pro v6.1 Attachment number 6 \nPage 5 Item # 23 Resolution No. 12-01 RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND AEC SUNSET POINT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Aviation Engineering Consultants, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and AEC Sunset Point, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2012. ___________________________ _ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 7 \nPage 1 Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Neevia Document Converter Pro Item # 23 Item # 23 Item # 23 Item # 23 Item # 23 Item # 23 Item # 23 Item # 23 Item # 23 Attachment number 9 \nPage 1 Item # 23 Attachment number 9 \nPage 2 Item # 23 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve amendments to the Community Development Code to permit patrons’ dogs within certain designated outdoor portions of public food service establishments and establish criteria and permits for Dog Friendly Dining, and Pass Ordinance 8306-12 on first reading. (TA2011-10002) SUMMARY: City Council requested that staff prepare a text amendment allowing the presence of patrons’ dogs in restaurants and/or outdoor cafés consistent with Florida Statutes Section 509.233, the “Dixie Cup Clary Local Control Act.” The proposed amendment creates a new Article III, Division 25, Dog Friendly Restaurants, which contains: application requirements, expiration and revocation provisions; regulations for establishments that receive permits to allow dogs in designated outdoor areas to follow; and a process for complaints and reporting of permits to the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. The Community Development Board reviewed the proposed text amendments at their meeting on December 20, 2011 and unanimously recommended approval of Ordinance 8306-12. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 24 Ordinance No. 8306-12 ORDINANCE NO. 8306-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO LAND USE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS; ADOPTING DIVISION 25, SECTIONS 3-2501 THROUGH 3-2506, PROVIDING FOR PUBLIC FOOD SERVICE ESTABLISHMENTS WITH A PERMIT TO ALLOW PATRONS’ DOGS ON THE PREMISES IN DESIGNATED OUTDOOR SEATING AREAS, PROVIDING PURPOSE AND AUTHORITY, PROVIDING DEFINITIONS, PROVIDING FOR APPLICATION REQUIREMENTS, PROVIDING FOR REGULATIONS, PROVIDING FOR PERMIT EXPIRATION AND REVOCATION, AND PROVIDING PROCEDURES FOR REPORTING AND RESOLVING COMPLAINTS AND FOR REPORTING INFORMATION TO THE STATE OF FLORIDA; AMENDING APPENDIX A, SECTION VIII, LAND DEVELOPMENT, TO ADD A PERMIT FEE FOR DOG-FRIENDLY RESTAURANTS AND OUTDOOR CAFES; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, said Code provides requirements for restaurant and sidewalk cafe use; and WHEREAS, The Dixie Cup Clary Local Control Act, Florida Statutes Section 509.233, grants the City the authority to provide exemptions to certain provisions of the Food and Drug Administration Food Code, as currently adopted, in order to allow patrons’ dogs within certain designated outdoor portions of public food service establishments; and WHEREAS, it is desirable to allow patrons and their dogs to be present within certain designated outdoor portions of public food service establishments, which have received permits; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Community Development Code, is amended to add Division 25 to read as follows: Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 24 2 Ordinance No. 8306-12 DIVISION 25. DOG-FRIENDLY RESTAURANTS Section 3-2501. Purpose and Authority. The purpose of this division is to allow patrons’ dogs within certain designated outdoor portions of public food service establishments, with permits, in a manner consistent with The Dixie Cup Clary Local Control Act, F.S. § 509.233. Said Act grants the City the authority to provide exceptions from section 6-501.115, 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants in Chapter 61C-4.010(6), as amended from time to time, which prohibits the presence of live animals in public food establishments. Section 3-2502. Definitions. The term “public food service establishment” as used in this division means a restaurant and/or outdoor café, as defined in Section 8-102, which is also licensed as such an establishment pursuant to Florida Statutes Chapter 509, Part I. The term “employee” or “employees” as used in this division includes, but is not limited to, the owner or owners of a public food service establishment. The term “dog friendly restaurant or outdoor cafe” as used in this land development code means a public food service establishment which has received a permit under this division. Section 3-2503. Application Requirements. Public food service establishments must apply for and receive a permit from the City of Clearwater Community Development Coordinator or his/her designee, before patrons’ dogs are allowed on the premises. A fee to cover the cost of processing the initial application and renewals shall be charged to the applicant applying for the permit in accordance with Appendix A, Section VIII(1)(m) of this code. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this division, but shall require, at a minimum, the following information: 1) The name, location, mailing address, and Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants-issued license number of the public food service establishment. 2) The name, mailing address, and telephone contact information of the permit applicant. 3) A diagram and description of the outdoor area to be designated as available to patrons’ dogs, including: dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons’ dogs; any fences or other barriers; surrounding property lines and public Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 24 3 Ordinance No. 8306-12 rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the permitting authority. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. 4) A description of the days of the week and hours of operation that patrons’ dogs will be permitted in the designated outdoor area. Section 3-2504. Regulations. Public food service establishments that receive a permit to allow dogs in designated outdoor areas pursuant to this division shall require that: 1) All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public service establishment. 2) Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Water-less hand sanitizer shall be provided at all tables in the designated outdoor area. 3) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other item involved in food service operations. 4) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. 5) Dogs shall not be allowed on chairs, tables, or other furnishings. 6) All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. 7) Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. 8) A sign or signs reminding employees of the applicable rules shall be posted on premises in a conspicuous manner and place frequented by employees within the public food service establishment. 9) A sign or signs reminding patrons of the applicable rules shall be posted on premises in a conspicuous manner and placed within the designated outdoor portion of the public food service establishment. 10) A sign or signs placing the public on notice that the designated outdoor area is currently available for the use of patrons and patrons’ dogs shall be posted in a conspicuous manner near the entrance to the designated outdoor portion of the public food service establishment. 11) Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 24 4 Ordinance No. 8306-12 not require entrance into or passage through any indoor area of the food establishment. Section 3-2505. Permit Expiration and Revocation. A. A permit issued pursuant to this division shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons’ dogs. B. Permits shall expire on September 30 of each year. C. A permit may be revoked by the City Community Development Coordinator or his/her designee if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food establishment fails to comply with any condition of approval, fails to comply with the approved diagram, or is found to be in violation of any provision of this division. D. If a public food service establishment’s permit is revoked, no new permit may be approved for the establishment until the expiration of one hundred and eighty (180) days following the date of revocation. Section 3-2506. Complaints and Reporting. A. Complaints may be made in writing to the Community Development Coordinator. The Community Development Coordinator or his/her designee shall accept, document, and respond to all written complaints and shall report to the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants all complaints and the response to such complaints. B. The Community Development Coordinator or his/her designee shall provide the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants with a copy of all approved applications and permits issued. C. All applications, permits and other related materials shall contain the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants-issued license number for the public food service establishment. Section 2. Appendix A, VIII Land Development, (1) Level One, Community Development Code, is hereby amended to add subsection (m), to read as follows: (m) Dog-friendly restaurant or outdoor café permitKKKKKKKKKKKKKKKKKKKKKKKKK..K75.00. Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 24 5 Ordinance No. 8306-12 Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 5 Item # 24 Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT/LEGAL DEPARTMENT Total Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: ORDINANCE NO. 8306-12 OP STAFF REPORT Other Submitted by: City Manager ¨ None Appropriation Code: Clearwater City Council Agenda Cover Memorandum Work session Item #: Final Agenda Item # Meeting Date: 1/12/12 SUBJECT/RECOMMENDATION: Approve amendments to the Community Development Code to permit patrons’ dogs within certain designated outdoor portions of public food service establishments, and establishing criteria and permits for “Dog Friendly Dining”, and PASS Ordinance No. 8306-12 on first reading. (TA2011-10002) and that the appropriate officials be authorized to execute same. SUMMARY: City Council requested that staff prepare a text amendment allowing the presence of patrons’ dogs in restaurants and/or outdoor cafés consistent with Florida Statutes Section 509.233, the “Dixie Cup Clary Local Control Act.” The proposed amendment creates a new Article III, Division 25 Dog Friendly Restaurants which contains: application requirements, expiration and revocation provisions; regulations for establishments that receive permits to allow dogs in designated outdoor areas to follow; and a process for complaints and reporting of permits to the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. Attached is a copy of Ordinance No. 8306-12 and staff report, which contains further analysis and information on the proposed amendments. The Community Development Board reviewed the proposed text amendments at their meeting on December 20, 2011, and unanimously recommended approval of Ordinance 8306-12. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 24 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve amendments to the Community Development Code (CDC) to address general application requirements, zoning atlas amendments, landscape plans, general provisions of the CDC, setbacks for parking lots, parking demand studies, temporary uses, business tax receipts, development agreements, nonconforming structures, nonconforming uses, nonconforming lots, nonconforming accessory use/structures, and the definition of temporary retail sales and displays and pass Ordinance 8310-12 on first reading. SUMMARY: The Planning and Development Department is proposing a text amendment to the Community Development Code (CDC) that would address some of the simpler or more straightforward changes that can be made to address the recommendations of the Business Task Force (BTF) or that would otherwise assist in fulfilling their goals as well as a few amendments proposed by staff. The proposed ordinance includes amendments addressing a variety of different sections of the CDC. As noted above, some of the amendments were recommended by the BTF while others were initiated by staff. The following is a brief description of those amendments: General Application Requirements for All Development Applications The BTF identified several items that were required in order to file virtually any application for development that they believed to be unnecessary. Staff held discussions with members of the BTF to discuss these requirements and many of the items they suggested be removed from the typical list of requirements are proposed to be removed with this amendment. Application Requirements for Zoning Atlas Amendments This amendment eliminates the need for a development application to be made concurrently with a rezoning request. Application Requirements for Landscape Plans This amendment strikes much of the existing language pertaining to what is required on a landscape plan and provides a reference to additional information that the Community Development Coordinator may require of an application. General Provisions This amendment strikes references to minimum lot depth and minimum habitable area, neither of which are required within the CDC. Parking Lot Setbacks In an effort to provide for a simpler application process, staff is proposing that setbacks relevant to parking lots be exempted from the standard setbacks established in the various zoning districts and instead require a 15-foot front setback and a side setback equal to the required perimeter landscape buffer with alternatives for properties in the Tourist (T) and Downtown (D) Districts. Parking Demand Studies This amendment modifies when applicants are required to prepare a parking demand study in conjunction with a request to reduce the amount of off-street parking required by the CDC. Temporary Uses The purpose of this amendment is to restate the temporary use provisions in a manner that will provide all applicants’ greater clarity in what is permissible and what is required in order to apply. The proposed amendment neither deletes nor adds any type of temporary use. Business Tax Receipts This language presently exists as part of Section 4-202.A; however with the changes being proposed to this Section, it was out of place if it were to remain. Therefore, it is being relocated into Section 4-205, which is specific to Business Tax Receipts. Application Requirements for Development Agreements This amendment makes only minor alterations to a pair of references in the existing language. Cover Memo Item # 25 Purpose of Nonconforming Provisions The purpose of this amendment is to restate the purpose of the nonconforming provisions, and to make it clear that the purpose of the CDC is not to encourage nonconformities to continue but to bring them into compliance. Nonconforming Structures This amendment removes irrelevant language, language contrary to the purpose of these provisions, and language that is prohibitory to property owners being able to rent/lease building space, as well as providing additional language addressing an element not previously conceived in these provisions: the moving of nonconforming structures. Nonconforming Uses This amendment removes irrelevant language, and provides additional language addressing an element not previously conceived in these provisions: the moving of nonconforming uses. Nonconforming Lots This amendment modifies subsection A to extend the applicability of the provision to all lots within the City and not just residential lots. Subsection B will function as an exception for residential lots with only minor corrections being proposed. Nonconforming Accessory Uses/Structures This amendment clarifies that an accessory structure is required to meet the development standards for a principal use in order to be allowed to continue after the principal use of the property is abandoned or destroyed. Definition of Temporary Retail Sales and Displays This amendment removes language from the definition of temporary retail sales and displays that is not relevant this type of temporary use. The CDB reviewed the proposed text amendment at its meeting of December 20, 2011 and unanimously recommended approval. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 25 Community Development Board – December 20, 2011 TA2011-11004 – Page 1 CDB Meeting Date: December 20, 2011 Case Number: TA2011-11004 Ordinance No.: 8310-12 Agenda Item: F. 1. CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code – Ordinance Number 8310-12 INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change public perceptions about being “business friendly”, streamline development application processes and enable greater signage flexibility. City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff is now proposing a text amendment to the Community Development Code (CDC) that would address some of the simpler or more straightforward changes that can be made to address the recommendations of the BTF or that would otherwise assist in fulfilling their goals as well as a few amendments proposed by staff. ANALYSIS: Proposed Ordinance No. 8310-12 includes amendments addressing a variety of different sections of the CDC. As noted above, some of the amendments were recommended by the BTF while others were initiated by staff. The following is a description of those amendments recommended by the BTF: 1. General Application Requirements for All Development Applications (Pages 10-15 of proposed ordinance) The BTF identified several items that were required in order to file virtually any application for development that they believed to be unnecessary. Staff held discussions with members of the BTF to discuss these requirements and many of the items they suggested be removed from the typical list of requirements are proposed to be removed with this amendment. In fact, this amendment strikes all of Section 4-202.A., CDC, and adopts a much more succinct version in its place; a version that does not list every element that may be required of an application, but instead references four general items and referencing additional information that the Community Development Coordinator may require of an application. The intent here is that the individual development applications will set forth the specific information required and that this information can be tailored to what is needed for that request or application type, and that there would not be a generic application containing a long list of required items that may have no bearing on an individual request. Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 25 Community Development Board – December 20, 2011 TA2011-11004 – Page 2 In amending this Section of the CDC in this manner, the department also gains the flexibility to be able to adapt to needs more easily. For example, if it is found over time that something is being required in the applications that is not truly needed, staff can simply delete the item from the application and move on – something that can be accomplished in a matter of minutes. Currently, however, staff would need to propose a text amendment to accomplish this – something that could only be accomplished after a couple of months. It is noted that the language in this proposed amendment pertaining to mobile homes is actually existing language that is being retained, and not new language being added into the CDC. 2. Application Requirements for Zoning Atlas Amendments (Page 16 of proposed ordinance) Presently, the CDC requires that an application for a Zoning Atlas amendment can only be initiated by the City Council, the Community Development Coordinator, the Community Development Board, or by a person applying for a development approval. This amendment eliminates the need for a development application to be made concurrently with a rezoning request. The ability to request a rezoning without having to assume all of the expenses associated with preparing development plans was one of the recommendations of the BTF. 3. Application Requirements for Landscape Plans (Pages 16-17 of proposed ordinance) Similar to those changes made under #5, above; this amendment strikes much of the existing language pertaining to what is required on a landscape plan in conjunction with a development application, and provides a reference to additional information that the Community Development Coordinator may require of an application. The purpose for this change is the same as that of #5. The following is a description of those amendments initiated by staff: 1. General Provisions (Page 2 of proposed ordinance) This amendment intends to revise an element of the stated purposes of the CDC to reflect what is actually set forth within the CDC. The CDC has never included minimum lot depth or minimum habitable area requirements, and there is no indication that these would be necessary to add into the CDC. 2. Parking Lot Setbacks (Page 2 of proposed ordinance) Staff conducted an analysis of applications received over a two year period in order to determine if there was a common reason for projects having to be submitted through either the Flexible Standard Development (FLS) or Flexible Development (FLD) application processes. While there was no singularly dominant reason, it was noticed that there were a sizable number of applications that either had to be made through one of the above processes or escalated from an FLS to an FLD application as a result of the project proposed setbacks to off-street parking lots. Therefore, in an effort to provide for a potentially simpler application process, staff is proposing that setbacks relevant to parking lots be exempted from the standard setbacks established in the various zoning districts that are presently applicable to both all forms of pavement and buildings. Instead parking lots would be required a 15-foot front setback and a side setback equal to the required perimeter landscape buffer. As there are no perimeter landscape buffers required in the Tourist (T) and Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 25 Community Development Board – December 20, 2011 TA2011-11004 – Page 3 Downtown (D) Districts, the amendment provides clarification for how this requirement would be handled in those instances, as well as clarifying that this exemption does not apply to detached dwellings where parking lots are not permissible. While this amendment was not specifically recommended by the BTF, we believe that it meets their goals of providing for a more streamlined and efficient process. 3. Parking Demand Studies (Pages 2-3 of proposed ordinance) This amendment modifies when applicants are required to prepare a parking demand study in conjunction with a request to reduce the amount of off-street parking required by the CDC. Presently, the CDC is vague in its requirement, stating that applicants “may” be required to prepare such a study, but providing nothing with regard as to when a study would or would not be required. This amendment provides specific language that a parking demand study would need to be provided if the requested flexibility of the parking standards is greater than 50% of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space). This amendment will hopefully provide greater up-front clarity to developers as to what needs to be provided as well as eliminating costs relating to the production of unnecessary parking demand studies. While this amendment was not specifically recommended by the BTF, we believe that it meets their goals of providing for a more streamlined and efficient process. 4. Temporary Uses (Pages 3-10 of proposed ordinance) While this amendment strikes all of the existing language for temporary uses, the majority of this language returns unchanged in the proposed text. The purpose of this amendment is to restate the temporary use provisions in a manner that will provide all applicants’ greater clarity in what is permissible and what is required in order to apply. The proposed amendment neither deletes nor adds any type of temporary use. 5. Business Tax Receipts (Page 15 of proposed ordinance) This language presently exists as part of Section 4-202.A; however with the changes being proposed to this Section, it was out of place if it were to remain. Therefore, it is being relocated into Section 4-205, which is specific to Business Tax Receipts. 6. Application Requirements for Development Agreements (Page 16 of proposed ordinance) This amendment makes only minor alterations to a pair of references in the existing language. 7. Purpose of Nonconforming Provisions (Page 17 of proposed ordinance) The purpose of this amendment is to restate the purpose of the nonconforming provisions, and to make it clear that the purpose of the CDC is not to encourage nonconformities to continue but to bring them into compliance. 8. Nonconforming Structures (Page 18 of proposed ordinance) This amendment accomplishes several things. In subsection B, the inclusion of the word “replacement” in the existing language was contrary to the very purpose of the provision as it is not desirable to replace nonconforming structures; therefore the amendment would remove “replacement” from the provisions. Also, the language being added provides further strength to the CDC to bring nonconformities into compliance. Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 25 Community Development Board – December 20, 2011 TA2011-11004 – Page 4 Subsection C in the existing text is proposed to be removed as it was supportive of nonconformities being retained rather than being brought into compliance. Subsection E in the existing text is proposed to be removed as it was found to be prohibitory to property owners being able to rent/lease building space that they had available simply because the building happened to be nonconforming, even when the uses involved were not. Removing this provision should help facilitate businesses being able to occupy existing structures more easily. Subsection D in the existing text (now proposed as subsection C) is being restated for the purpose of clarity. While this amendment does eliminate a provision relating to compliance with off-street parking, this should not have been associated with these provisions, as compliance with off-street parking regulations is a product of the property use and not the structure on the property. The new subsection E furthers the purpose of these regulations covering an element not previously conceived in these provisions: the moving of nonconforming structures and the removal of portions of nonconforming structures. 9. Nonconforming Uses (Pages 18-19 of proposed ordinance) This amendment accomplishes several things. In subsection A, the language being removed is not relevant to this Section as it pertains to nonconforming structures. The revision to subsection B provides additional language addressing an element not previously conceived in these provisions: the moving of nonconforming uses. The amendments proposed to subsections C and D are minor and not substantive. 10. Nonconforming Lots (Pages 19-20 of proposed ordinance) This amendment modifies subsection A to extend the applicability of the provision to all lots within the City and not just residential lots. Subsection B will function as an exception for residential lots with only minor corrections being proposed. 11. Nonconforming Accessory Uses/Structures (Page 20 of proposed ordinance) This amendment clarifies that an accessory structure is required to meet the development standards for a principal use in order to be allowed to continue after the principal use of the property is abandoned or destroyed. Previously, the provision was non-specific and could have been interpreted that the accessory use/structure provisions of the Code were to be complied with. However, in the scenario provided by this Section, the structure could be left on the property as the principal structure and therefore should be required to meet those standards. 12. Definition of Temporary Retail Sales and Displays (Page 20 of proposed ordinance) This amendment removes language from the definition of temporary retail sales and displays that is not relevant this type of temporary use. Specific temporary uses have been established for carnivals, residential sales offices and garage sales; therefore they should not be considered to be part of a temporary retail sales and display and should not be incorporated into this definition. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 25 Community Development Board – December 20, 2011 TA2011-11004 – Page 5 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals and Policy which will be furthered by the proposed Code amendments: Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. The amendments proposed by this ordinance are intended to simplify or clarify the various development review processes. By this, the above referenced Policy of the Comprehensive Plan will be furthered by providing a clearer and more easily understandable process for property owners to follow in developing their property. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103.  It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC).  It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1., CDC). The amendments proposed by this ordinance will further the above referenced purposes by making improvements to the established rules of procedure for land development approvals. The improvements will remove some upfront costs to development and clarify the process to more readily enable property owners to enhance the value of their property. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8310-12 that amends the Community Development Code. Prepared by Planning & Development Dept. Staff: Robert G. Tefft, Development Review Manager ATTACHMENT: Ordinance No. 8310-12 Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 5 Item # 25 1 Ordinance No. 8310-12 ORDINANCE NO. 8310-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, GENERAL PROVISIONS, SECTION 1-103, GENERAL PURPOSES, TO DELETE UNCESSARY TEXT AND MAKE A MINOR CORRECTION; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903, REQUIRED SETBACKS, TO ADD LANGUAGE PERTAINING TO SETBACKS FOR PARKING LOTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 14, PARKING AND LOADING, TO CHANGE THE THRESHOLD PERTAINING TO THE REQUIREMENT OF A PARKING DEMAND STUDY; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES, TO STRIKE THE DIVISION IN ITS ENTIRTY AND TO ADOPT A NEW DIVISION 21 THAT PROVIDES FOR A REVISED LIST OF PERMITTED TEMPORARY USES, ASSOCIATED APPROVAL CRITERIA AND TIMEFRAMES FOR WHICH THE TEMPORARY USES ARE ALLOWED; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO STRIKE SUBSECTION A AND REPLACE IT WITH MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-205, BUSINESS TAX RECEIPT, TO ADD SUBSECTION C; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-602, ZONING ATLAS AMENDMENTS, TO ALLOW FOR THE SUBMITTAL OF ZONING ATLAS AMENDMENT WITHOUT THE SUBMITTAL OF AN APPLICATION FOR DEVELOPMENT APPROVAL; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, DEVELOPMENT AGREEMENTS, TO MAKE MINOR CORRECTIONS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1102, PLAN REQUIREMENTS, TO PROVIDE MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE 6, NONCONFORMING PROVISIONS, SECTIONS 6-101, 6-102, 6-103, 6-106, AND 6-107, TO PROVIDE LANGUAGE THAT IS MORE CONSISTENT WITH THE PURPOSE OF THE NONCONFORMING PROVISIONS AND MAKE MINOR CORRECTIONS; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, PROVIDING A REVISED DEFINITION FOR TEMPORARY RETAIL SALES AND DISPLAYS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and Attachment number 2 \nPage 1 Item # 25 2 Ordinance No. 8310-12 WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: * * * * * * * * * * Section 1. That Article 1, General Provisions, Section 1-103, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * E. It is the further purpose of this Development Code to: * * * * * * * * * * 11. Enumerate density, area, width, depth, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics; and 12. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. Section 2. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-903, Required setbacks, Community Development Code, be, and the same is hereby amended to add a new subsection F, and re-lettering the subsequent subsections as appropriate: F. Except for driveway access to garages, vehicular cross-access and shared parking, all of which are regulated by subsection A, above; parking lots shall be set back from front property lines a distance of 15 feet, and shall be set back from all other property lines a distance that is consistent with the required perimeter landscape buffer width. 1. While perimeter landscape buffers are not required in the Tourist (T) District, the above referenced setback shall be based upon Section 3-1202.D.1., or at a dimension consistent with the existing/proposed building setback, or at a dimension consistent with setbacks required or otherwise established by Beach by Design, whichever is less. 2. As perimeter landscape buffers are not required in the Downtown (D) District, compliance with the above provision is not required. However, compliance with the applicable Design Guidelines as set forth in the Clearwater Downtown Redevelopment Plan must still be achieved. 3. This subsection is not applicable to detached dwelling uses where parking lots are not permissible. The applicable provisions of Article 3, Division 14 shall apply. Section 3. That Article 3, Development Standards, Division 14, Parking and Loading, Community Development Code, Section 3-1401, be, and the same is hereby amended to read as follows: Attachment number 2 \nPage 2 Item # 25 3 Ordinance No. 8310-12 * * * * * * * * * * C. Parking demand study. 1. The community development coordinator may require an applicant to prepare a parking demand study in conjunction with a request to make deviations to the parking standards. If flexibility of the parking standards is requested that is greater than 50% of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the community development coordinator and in accordance with accepted traffic engineering principalles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. Section 4. That Article 3, Development Standards, Division 21, Temporary Uses, Community Development Code, be, and the same is hereby amended to read as follows: DIVISION 21. TEMPORARY USES Section 3-2101. Purpose. It is the purpose of this division to provide for certain temporary uses and to ensure that such uses are compatible with adjacent land uses and consistent with the city's goals and objectives. Section 3-2102. Permitted temporary uses. A. The following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses and/or carnivals. 2. Contractors offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or manmade disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. 13. Portable storage units. 14. Outdoor automobile, boat, and recreational vehicle shows. Section 3-2103. Standards. A. All temporary uses shall comply with the following standards: 1. The temporary use will not create hazardous vehicular or pedestrian traffic conditions. Attachment number 2 \nPage 3 Item # 25 4 Ordinance No. 8310-12 2. The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion. 3. Adequate sanitary facilities, utility, drainage, refuse management, emergency services and access, and similar necessary facilities and services will be available to serve employees, patrons or participants. 4. Where a tent or similar structure is to be used, such structure shall: a. Comply with the requirements of the fire marshal. b. Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor. c. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. 5. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray painted. 6. All temporary uses shall comply with the following additional conditions or requirements: ADDITIONAL REQUIREMENTS FOR TEMPORARY USES Temporary Use Maximum Cumulative Allowable Time Period for Each Separate Use (per site per calendar year or absolute time limitation, as applicable) Permitted Districts Block and neighborhood parties 2 days All residential districts Circuses or carnivals 14 days C, IRT, and I Contractors office and/or construction sheds During construction period only while building permit is valid All districts Evangelical and religious revivals or assemblies 7 days C, D, T, I and IRT Garage, yard or estate sales No more than 2 times per property within one year; no longer than 3 days each All residential districts Sales for: Christmas tree and pumpkin sales and other seasonal sales 45 days All non-residential zoning districts Other temporary recreational or entertainment events 7 days, except 14 days for annual events approved by the special events committee All nonresidential districts Outdoor bazaars, cookouts, special fund raising sales and/or similar activities 2 days C, I and D Sidewalk sales 7 days in conjunction with a special event T and D Temporary commercial parking lots The period of time during which the temporary use the parking serves is authorized All districts Temporary relocation tents or mobile homes for displaced persons 18 months (unless authorized longer by commission resolution) Within a designated area Attachment number 2 \nPage 4 Item # 25 5 Ordinance No. 8310-12 Temporary real estate sales office or model home 24 months All districts Temporary retail sales and displays 7 days (not more than 4 times per year) T, C and D Portable storage units Residentially zoned property: Four days, not more than four times a year. Non-residentially zoned property: 30 days, not more than four times a year or for the duration of an active construction permit. Refer to Sections 3-2103(B)(3) and 2103(C)(2) for additional requirements. All districts Outdoor automobile, boat, and recreational vehicle shows. 7 days (not more than 4 times per year) C C B. The following additional requirements shall apply for specified temporary uses: 1. Temporary real estate office. The office or required accessory uses shall not be equipped or used as a dwelling. 2. Temporary housing -residential tents or mobile homes. Upon determination by the city commission that a particular neighborhood or area constitutes a disaster area, nonpermanent facilities for displaces shall be allowed provided they meet the following requirements: a. All residential tents or mobile homes shall have facilities connected to city utilities for water and sanitary sewer, unless such services are not reasonably available. b. Adequate provisions shall be made for solid waste management in compliance with city ordinances and policies, unless such services are not reasonably available. 3. Portable storage units, not exceeding eight feet in height,eight feet in width, and 16 feet in length may be permitted provided such units comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a singlefamily dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction, size of property and the ability to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. The location of a portable storage unit shall be approved by the Community Development Coordinator; f. A maximum of two signs no more than 12 square feet in area each may be located on parallel sides on a portable storage unit; g. A sticker shall be affixed to all portable storage units indicating the most recent delivery date, on which the portable storage unit was delivered to a property. h. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater, all portable storage units shall be Attachment number 2 \nPage 5 Item # 25 6 Ordinance No. 8310-12 removed from all properties and placed in approved storage locations at least 24 hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the building official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner. i. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the city clerk. j. The community development coordinator may allow portable storage units to be located on a property for a longer period of time than specified in Section 3-2103.C.2 in emergency situations. The community development coordinator may allow a period of 15 days for a portable storage unit to be located on a property and may allow an additional 15 days if extension is required to complete emergency repairs. 4. Seasonal sales. A 1,000-foot separation shall be required between a seasonal business and any permanent business whose primary business is selling the same product as the seasonal business. The 1,000 feet shall be measured from property line to property line. 5. Outdoor automobile, boat, and recreational vehicle shows. a. Outdoor automobile, boat, and recreational vehicle shows shall be permitted only on properties located in the Commercial zoning district which are at least 75 contiguous acres in size; b. A maximum of seven days shall be allowed for each permitted outdoor automobile, boat, and recreational vehicle show, inclusive of set up and take down time for all temporary use related facilities; c. Sales of products displayed at the show are permitted, without regard to the primary use of the property. C. The following temporary uses are permitted without a permit, provided that the standards and criteria of this division are met: 1. Garage, yard or estate sales. 2. Portable storage units for a period not exceeding four days no more than four times a year on residentially zoned property and 30 days on non-residentially zoned property no more than four times a year. DIVISION 21. TEMPORARY USES Section 3-2101. Purpose. Attachment number 2 \nPage 6 Item # 25 7 Ordinance No. 8310-12 It is the purpose of this division to provide for certain temporary uses and to ensure that such uses are compatible with adjacent land uses and consistent with the city's goals and objectives. Section 3-2102. General Standards. All proposed temporary uses shall submit a conceptual plan depicting compliance with the following general standards: A. The temporary use will not create hazardous vehicular or pedestrian traffic conditions or encroach upon any existing landscape areas. B. The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion. C. Adequate sanitary facilities, utility, drainage, refuse management, emergency services and access, and similar necessary facilities and services will be available to serve employees, patrons or participants. D. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray-painted. Details of any proposed signage must be submitted with an application for a temporary use permit. E. Where a tent or similar structure is to be used in conjunction with a temporary use, the following shall be met: 1. Comply with all requirements of the Fire Marshal; 2. Provide the City with a certificate of insurance to cover the liability of the applicant or sponsor; and 3. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. F. Where a tent or similar structure is to be used in conjunction with a temporary use, the tent shall be allowed to be set-up on the day before the temporary use is scheduled to begin, and shall be allowed to be taken down on the day after the temporary use is scheduled to end. However, additional time may be allowed for circuses or carnivals as determined by the Community Development Coordinator. Section 3-2103. Allowable Temporary Uses. Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 as well as the specific criteria pertaining to each temporary use: A. Block and neighborhood parties. 1. Allowable within all residential zoning districts; and 2. Maximum of two days, per calendar year. 3. May be subject to review by the Special Events Committee. B. Circuses or carnivals. 1. Allowable within the C, IRT and I Districts; and 2. Maximum of 14 days per property, per calendar year. C. Contractors office and/or construction sheds. 1. Allowable within all zoning districts; and 2. Allowable only in conjunction with a valid building permit and only for the time that the building permit is active. D. Evangelical and religious revivals or assemblies. Attachment number 2 \nPage 7 Item # 25 8 Ordinance No. 8310-12 1. Allowable within the C, D, T, I and IRT Districts; and 2. Maximum of seven days per property, per calendar year. E. Garage, yard or estate sales. 1. Allowable within all residential zoning districts; 2. Allowable twice per property, per calendar year, but for no longer than three days per occurrence; 3. Individual occurrences may not be consecutive; and 4. Provided all of the applicable standards of this division are met, a permit is not required for this temporary use. F. Outdoor automobile, boat and recreational vehicle shows. 1. Allowable only on properties located in the C District that is at least 75 contiguous acres in size; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence, inclusive of set-up and take down time for all related facilities. Individual occurrences may not be consecutive; and 3. The sale of products displayed at the show is permitted, without regard to the primary use of the property. G. Outdoor bazaars, cookouts, special fund raising events and/or similar activities. 1. Allowable within the C, D and I Districts; and 2. Maximum of two days per property, per calendar year. H. Portable storage units. 1. Allowable within all residential zoning districts four times per property, per calendar year, but for no longer than four days per occurrence; 2. Allowable within all nonresidential zoning districts for the duration of an active building construction permit, or four times per property, per calendar year, but for no longer than 30 days per occurrence; 3. Individual occurrences may not be consecutive; 4. Provided all of the applicable standards of this division are met, a permit is not required for this temporary use within a residential zoning district; 5. Portable storage units not exceeding eight feet in height, eight feet in width, and 16 feet in length may be permitted provided such units comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a detached dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based upon the amount of construction, size of property and the ability to locate the portable storage unit in accordance with the requirements below; b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. A maximum of two signs no more than 12 square feet in area each may be located on parallel sides on a portable storage unit; f. A sticker shall be affixed to all portable storage units indicating the most recent delivery date, on which the portable storage unit was delivered to a property; g. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to Attachment number 2 \nPage 8 Item # 25 9 Ordinance No. 8310-12 include winds of 75 mph or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least 24 hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the building official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner; h. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk; and i. The Community Development Coordinator may allow portable storage units to be located on a property within a residential zoning district for a longer period of time than otherwise specified, but only in emergency situations. The Community Development Coordinator may allow a period of 15 days for a portable storage unit to be located on such a property and may allow an additional 15 days if an extension is necessary to complete emergency repairs. I. Seasonal sales (sale of Christmas trees, pumpkins, or other seasonal holiday items). 1. Allowable within all nonresidential zoning districts; 2. Maximum of 45 days per property, per calendar year; 3. A 1,000-foot separation shall be required between a seasonal business and any permanent business whose primary business is selling the same product as the seasonal business. The 1,000 feet shall be measured from property line to property line; and 4. Only items traditionally considered as associated with the particular season, including plant materials and fireworks, are allowed to be sold and general merchandise not associated with the seasonal sale such as toys, tools, clothing, etc. are prohibited from being sold as a seasonal sale item. J. Sidewalk sales in conjunction with a special event. 1. Allowable within the T and D Districts; and 2. Maximum of seven days per property, per calendar year. K. Temporary commercial parking lots. 1. Allowable within all zoning districts; 2. Allowable only in conjunction with another approved temporary use or an approved special event; and 3. Allowable only for that time the temporary use or special event the parking will serve is authorized. L. Temporary recreational or entertainment events. 1. Allowable within all nonresidential zoning districts; and 2. Maximum of seven days per property, per calendar year. M. Temporary relocation tents or mobile homes for displaced persons. Attachment number 2 \nPage 9 Item # 25 10 Ordinance No. 8310-12 1. Allowable within all zoning districts; 2. Maximum of 18 months unless a greater time is authorized by Resolution of the City Council; and 3. Upon determination by the City Council that a particular neighborhood or area constitutes a disaster area, nonpermanent facilities for displacees shall be allowed provided they meet the following requirements: a. All residential tents or mobile homes shall have facilities connected to city utilities for water and sanitary sewer, unless such services are not reasonably available; and b. Adequate provisions shall be made for solid waste management in compliance with city ordinances and policies, unless such services are not reasonably available. N. Temporary real estate sales office or model home. 1. Allowable within all zoning districts; 2. Maximum of 24 months per development; and 3. The office or required accessory uses shall not be equipped or used as a dwelling. O. Temporary retail sales and displays. 1. Allowable within the C, T and D Districts; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence; and 3. Individual occurrences may not be consecutive, and must be separated by at least one day. Section 5. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-202, Applications for development approval, Community Development Code, be, and the same is hereby amended to read as follows: A. Basic information required for all applications. All applications for development approval shall include the following information: 1. The applicant's name, signature, mailing address, and telephone and facsimile, if any, number. 2. The name and signature of all legal and equitable owners of the parcel proposed for development, if different from the applicant. Notwithstanding the foregoing, the application need not be signed by the owner where the applicant is an entity having the power of eminent domain and the entity has authorized the acquisition of the subject property by eminent domain. In such cases, the application will be conditionally accepted and any approval will be conditioned upon the entity obtaining title within a specific period of time not to exceed two years. 3. The name of the owner(s) representative and consultants, if any. 4. Street address of the parcel proposed for development. 5. Ownership: A copy of a deed to the property proposed for development, a copy of a title insurance policy or an affidavit attesting to ownership. 6. A legal description of the property which is the subject of the application. 7. A signed and sealed survey of the property including the dimensions, acreage and location of the property prepared by a registered land surveyor showing all current structures/improve ments. 8. The existing zoning and land use plan classification for the property and for the properties contiguous to the parcel proposed for development. Attachment number 2 \nPage 10 Item # 25 11 Ordinance No. 8310-12 9. If the proposed development is for a single-family dwelling or accessory use, a plot plan with the following information: a. Existing and proposed parking areas, sidewalks and driveways. b. Existing and proposed locations, setbacks, uses, and gross floor area of building and structures. c. Existing and proposed height of all buildings and structures. d. Existing and proposed fences and landscaping. e. Existing and proposed utilities, including water, sewer, gas, and stormwater. f. A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. g. Existing utility easements, including Official Records book and page numbers, and any proposed utility easements. h. All prior approval conditions, or subdivision platting conditions, unless waived by the Community Development Coordinator at a pre-application conference. i. Building or structure elevation drawings for all Level One (flexible standard development) and Level Two approvals, unless waived or modified by the community development coordinator. 10. If the proposed development is for a home occupation, an executed affidavit: a. Agreeing to comply with all standards contained in Article 3 Division 2 and any other conditions of the home occupation that may be established in authorizing same. b. Recognizing the need to renew the requisite business tax receipt annually or as may otherwise be required. c. Acknowledge that any departure from the conditions authorizing the use shall be grounds for the revocation of the applicable occupational license. d. Agreeing to permit reasonable inspection of the premises of the home occupation to ensure compliance with the conditions thereof. 11. For all other development, a site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon and including the following: a. North arrow, scale and date prepared. b. Location map. c. Identification of watercourses, wetlands, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas. d. Land areas expressed in square feet and acres. e. The number of dwelling units proposed, if any. f. Gross floor area devoted to each use. g. The footprint of all buildings and structures and all required setbacks, including required sight triangles. h. The location, type and lamp height of all outdoor lighting fixtures. i. Location of all public and private easements and street rights of way within and adjacent to the site. j. Location of all existing and proposed points of access. k. The location, size and height of all existing and proposed buildings and structures on the site. Attachment number 2 \nPage 11 Item # 25 12 Ordinance No. 8310-12 l. The location of existing public and private utilities. m. Number of parking spaces provided, presented in tabular form with the number of required spaces. n. Total paved vehicular use area, including but not limited to all paved parking spaces and driveways, expressed in square feet and as a percentage of the area of the overall site. o. Depiction by shading or crosshatching of required parking lot interior landscape areas. p. Total land area devoted to parking lot interior landscaping, expressed in square feet and as a percentage of the paved vehicular area. q. Location of all refuse collection facilities and all required screening. r. Tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more and identifying those trees proposed to be removed. s. The location of all proposed landscape material including size and species. t. The location of onsite and offsite storm-water management facilities. u. Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes and lift stations. v. Existing utility easements, including official records book and page numbers, and proposed utilities easements. w. Off-site elevations, as may be required by the engineering department, to evaluate proposed stormwater management for the parcel proposed for development. x. Building elevation drawings for all Level One (flexible standard development) and Level Two approvals, unless waived or modified by the community development coordinator. y. Floor plan typicals of buildings for all Level One (flexible standard development) and Level Two reviews. A floor plan of each floor is required for any parking garage requiring a Level One (minimum standard and flexible standard) or Level Two approval. z. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aa. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. 12. If the property proposed for development exceeds one acre, the site plan shall include, in addition to the items in subsection 11 above: a. Existing one-foot contours or spot elevations on the site, and such offsite elevations as may be required to evaluate proposed stormwater management for the parcel proposed for development. b. The location and character of a proposed use of land within the parcel proposed for development, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furnishings, such as seating, and telephones. c. The location of all earth or water retaining walls, earth berms, and public and private sidewalks. d. Identification of the boundaries of phases, if development is proposed to be constructed in phases. e. Dimensions of lot lines, streets, drives, building lines, building setbacks, building heights, structural overhangs, and building separations. Attachment number 2 \nPage 12 Item # 25 13 Ordinance No. 8310-12 13. A preliminary plat if one is required in Article 4 Division 7. 14. A traffic impact study if one is required in Article 4 Division 8. 15. An application for a certificate of concurrency/capacity if one is required in Article 4 Division 9 or a non-concurrency affidavit. 16. A sign plan if one is required in Article 4 Division 10. 17. A landscaping plan if one is required in Article 4 Division 11. 18. A tree removal application if one is required in Article 4 Division 12 or a "no tree" statement or a "no tree removal permit required" statement. 19. A grading and erosion control plan along with a clearing and grubbing application as required in Article 4, Division 13. 20. If applicable, a parking lot plan be drawn to an accurate scale, identify the property, and shall delineate lot entrances and exits, distance from property lines, grading for drainage, lighting, planting areas, traffic signs/markings, type of surfacing, curbs, and any additional information particular to the site which the city determines necessary to facilitate review of the plan. 21. If the property is located within an area of special flood hazard, the information required by Chapter 51 of the City's Code. 22. In the event the application involves the use of transferable development rights, the information required by Section 4-1403 of this Development Code. 23. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 24. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 25. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: 1. The total number of mobile homes in the park that are owned by mobile home owners; and 2. Monthly rent charged for each space occupied by a mobile home owner; and Attachment number 2 \nPage 13 Item # 25 14 Ordinance No. 8310-12 3. A list of the names and mailing addresses of the present mobile home owners within the subject property. This list should identify those units that are suitable for moving and for which only vacant replacement lots will be identified; and 4. Household profile for each owner-occupied mobile home within the park, including number of adults, number of children, and whether pets have been allowed in the park. Replacement units identified should be suitable for similar household profiles; and 5. A list of other mobile home parks or other suitable facilities with vacant units available at the time of application that are of a similar cost profile to which owners residing in the subject property could reasonably expect to relocate. This list will include, at a minimum, name and address of the park, park contact name and phone number, the number of vacant spaces available and the cost of those spaces, park guidelines on age and condition of acceptable units, number of rental units available and the cost of those rentals. All parks or other suitable facilities must be located within a ten-mile radius of the subject property and serve the same age, household, and occupancy profiles as the subject property. 6. Any other information that the applicant deems necessary to demonstrate that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. 26. In addition to the requirements found in section 4-202.A.1-9, an application for an outdoor café located in the public right(s)-of-way shall include the following: a. Written permission to file the application from the owner of the property in which the business is located; b. A plan that depicts the following: i. The proposed outdoor café area including dimensions; ii. All doors to the building, as well as those of the adjacent storefront; iii. The location of curbing, sidewalk and any other furnishing or structure within the public right(s)-of-way; iv. Clear delineation of the required pedestrian pathway; and v. Proposed locations and sizes of furnishings used in association with the outdoor café. c. Visual representation fully depicting the appearance, color, and materials of all proposed furnishings related to the outdoor café; d. Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the public right(s)-of-way; and e. A copy of current certificate of insurance in the amounts and categories required by section 3-909. A. All applications for development approval shall include the following information in addition to the information that the Community Development Coordinator may generally require unless waived or modified by the Community Development Coordinator: 1. An application with plans and relevant support materials (the number to be established by the Community Development Coordinator). 2. Data Sheet. 3. Written responses (or narrative) explaining how compliance with the General Applicability Criteria and applicable Flexibility Criteria is being achieved by the development proposal. 4. Affidavit to Authorize Agent/Representative. Attachment number 2 \nPage 14 Item # 25 15 Ordinance No. 8310-12 5. If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: a. The total number of mobile homes in the park that are owned by mobile home owners; and b. Monthly rent charged for each space occupied by a mobile home owner; and c. A list of the names and mailing addresses of the present mobile home owners within the subject property. This list should identify those units that are suitable for moving and for which only vacant replacement lots will be identified; and d. Household profile for each owner-occupied mobile home within the park, including number of adults, number of children, and whether pets have been allowed in the park. Replacement units identified should be suitable for similar household profiles; and e. A list of other mobile home parks or other suitable facilities with vacant units available at the time of application that are of a similar cost profile to which owners residing in the subject property could reasonably expect to relocate. This list will include, at a minimum, name and address of the park, park contact name and phone number, the number of vacant spaces available and the cost of those spaces, park guidelines on age and condition of acceptable units, number of rental units available and the cost of those rentals. All parks or other suitable facilities must be located within a ten-mile radius of the subject property and serve the same age, household, and occupancy profiles as the subject property. f. Any other information that the applicant deems necessary to demonstrate that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. * * * * * * * * * * * * * Section 6. That Article 4, Development Review and Other Procedures, Division 2, General Procedures, Section 4-205, Business tax receipt, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * C. If the Business Tax Receipt is for a home occupation, then an executed affidavit must be submitted in which the business owner(s): 1. Agree to comply with all standards contained in Article 3, Division 2 and any other conditions of the home occupation that may be established in authorizing same; 2. Recognize the need to renew the requisite business tax receipt annually or as may otherwise be required; 3. Acknowledge that any departure from the conditions authorizing the use shall be grounds for the revocation of the applicable business tax receipt; and Attachment number 2 \nPage 15 Item # 25 16 Ordinance No. 8310-12 4. Agree to permit reasonable inspection of the premises of the home occupation to ensure compliance with the conditions thereof. Section 7. That Article 4, Development Review and Other Procedures, Division 6, Level Three Approvals, Section 4-602, Zoning Atlas Amendments, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * B. Application/initiation requirements. An application for an amendment of the Zoning Atlas of the city may be initiated by the city commission council, the community development coordinator, the community development board and by any person in conjunction with an application for development approval or by the owner of the property or his representative which is the subject of the amendment. Proposed Zoning Atlas amendment applications shall include such information as is applicable in Section 4-202.A and the fee required by Section 4-202.EF. * * * * * * * * * * Section 8. That Article 4, Development Review and Other Procedures, Division 6, Level Three Approvals, Section 4-606, Development Agreements, Community Development Code, be, and the same is hereby amended to read as follows: Section 4-606. Development agreements. * * * * * * * * * * B. Application requirements. In addition to the basic information required by Section 4-202(A).A and the fee required by Section 4-202(E).F, an application for approval of a development agreement shall be accompanied by: * * * * * * * * * * Section 9. That Article 4, Development Review and Other Procedures, Division 11, Landscaping Plan, Section 4-1102, Plan Requirements, Community Development Code, be, and the same is hereby amended to read as follows: A. An application for development approval for which landscaping is required by Article 3, Division 12 or by any other provision of this Development Code shall be accompanied by a landscape plan which includes whatever information the Community Development Coordinator may generally require unless waived or modified by the Community Development Coordinator which shall include the following information, if not otherwise required in conjunction with the application for development approval: 1. All proposed structures and improvements, including but not limited to walls, fences, walks, pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, easements, sign locations, treatment of all ground surfaces, and any other features that may influence the proposed landscape. 2. Name of abutting street rights-of-way. 3. Drainage and retention areas, including swales, side slopes and bottom elevations, and drainage structures and other drainage improvements. Attachment number 2 \nPage 16 Item # 25 17 Ordinance No. 8310-12 4. Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. 5. Delineation of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing. 6. Proposed and required parking spaces. 7. Existing trees on-site and immediately adjacent to the site, by species, size and location, including dripline. 8. Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names. 9. Typical planting details for trees, palms, shrubs, and ground cover plants, including planting instructions, soil mixes, backfilling, mulching, staking and protective measures. 10. Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and vehicular use areas. 11. An irrigation plan for all development requiring Level Two and Three approval. 12. All sites one acre or greater in size or sites having 150 foot street frontage or greater shall provide a scaled drawing showing the finished elevation of all landscape material proposed to be planted within perimeter landscape buffers adjacent to street rights-of-way. The drawing shall be an artistic rendering of the proposed landscape material as it will appear at the time of installation and will provide a "snapshot" of the overall appearance of the landscape material. The drawing shall include a rendering of all trees, shrubs and groundcovers and should include structures such as walls, fences, signage, benches, utility poles or other structures within the required buffers. In addition, the plan shall include dimensional measurements showing the height from finished grade of all landscape materials utilized in the landscape buffers. 13. Any conditions of development approval. 14. Any other information that may be needed to show compliance with the provisions of Article 3, Division 12. B. If a landscape plan is not prepared by a landscape architect, the "optional preapplication conference" provided in Section 4-201 shall be required and the applicant shall be accompanied by the preparer of the landscape plan. Section 10. That Article 6, Nonconforming provisions, Section 6-101, Purpose/applicability, Community Development Code, be, and the same is hereby amended to read as follows: Section 6-101. Purpose/applicability. The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the adoption of this Code, but which would be prohibited, regulated, or restricted under the terms established herein. Within the zoning districts established in Article 2, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before the passage of said Article 2, but are now prohibited, regulated or restricted. While nonconformities may continue, it is not the intent of this development code to encourage their continuation, but instead to bring nonconforming properties into compliance with the provisions of this code in conjunction with a change of use, Attachment number 2 \nPage 17 Item # 25 18 Ordinance No. 8310-12 redevelopment, or any other change of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical as possible to a conforming status. Section 11. That Article 6, Nonconforming provisions, Section 6-102, Nonconforming structures, Community Development Code, be, and the same is hereby amended to read as follows: Section 6-102. Nonconforming structures. A. Except as otherwise provided in this development code, a nonconforming structure may be used for any purpose permitted in the zoning district in which it is located. B. Normal repair and maintenance, such as painting, cleaning, replacement, and repairing of same nonconformity may be performed on nonconforming structures. However, nonconforming structures shall be made to fully comply with the provisions of this Code, provided the cost of repair of any structure or improvement at any time exceeds 50 percent of the assessed value of the entire structure. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure or site improvement is destroyed or damaged. C. The use of a nonconforming structure may be changed, provided that such change complies to the maximum extent practicable with the requirements of the landscaping and parking standards in Article 3 Divisions 12 and 14 of this Development Code. DC. A nonconforming structure may be expanded: shall not be altered, enlarged or changed in any way that increases its nonconformity. Any structure or site improvement may, however, be altered to decrease its nonconformity. 1. If it is nonconforming solely because of its failure to comply with the off-street parking requirements of this development code and the enlargement will not increase the required amount of parking by more than three additional spaces; or 2. If the expansion, when considered in isolation from the existing structure, is in compliance with all requirements of this development code. E. In the event the use of a nonconforming structure is abandoned for a period of six consecutive months, the future use of the structure shall be required to be brought into compliance with all the requirements of this Development Code. FD. Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored if a complete and legally sufficient application for all required permits to repair or restore the damage is submitted within six months of the date of the damage. Any nonconforming structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this development code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. E. Should a nonconforming structure be moved for any reason, for any distance whatsoever, it shall thereafter conform to the applicable requirements of this Code. Should any portion of any structure be removed for any reason, it shall not be replaced, except in conformity to the applicable requirements of this Code. Attachment number 2 \nPage 18 Item # 25 19 Ordinance No. 8310-12 Section 12. That Article 6, Nonconforming provisions, Section 6-103, Nonconforming uses, Community Development Code, be, and the same is hereby amended to read as follows: Section 6-103. Nonconforming uses. A. Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may be maintained only in accordance with the provisions of this section. B. Nonconforming uses of land or structures shall not be expanded or extended to occupy a greater area of land or structure than was occupied at the time it became nonconforming, but normal repair and maintenance may be performed to allow the continuation of the nonconforming use. In addition, no nonconforming use shall be moved, in whole or in part, to any other portion of the lot, parcel or structure occupied by such use at the time it became nonconforming. C. Except as provided in Section 6-109, a nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be re-established. D. In the event a nonconforming use of land or structures is discontinued or abandoned for six consecutive months a consecutive period of 180 days, then the use shall not thereafter be re-established or resumed and any subsequent use of the land or structure shall conform to all of the requirements of this Development Code. E. In the event a structure in which a nonconforming use is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the nonconforming use may be re-established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the event a structure in which a nonconforming use is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the structure and the use conforms to the standards of this development code for the zoning district in which it is located, except that a nonconforming owner-occupied single-family detached dwelling unit may be reconstructed within the associated structure's original setbacks through a Level 1 (minimum standard) approval process. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. F. In the event a nonconforming use is damaged or destroyed to the extent that the cost of repair or replacement of the fixtures and/or inventory used in the business equals 50 percent of the value of the fixtures and inventory at the time of such damage or destruction, the use may not be re-established except in compliance with all requirements of this Development Code. Section 13. That Article 6, Nonconforming provisions, Section 6-106, Nonconforming lots, Community Development Code, be, and the same is hereby amended to read as follows: Section 6-106. Nonconforming lots. A. No principal use or structure shall be established on a residential lot of record unless the lot conforms with to the lot area and lot width requirements in this Development Code for Attachment number 2 \nPage 19 Item # 25 20 Ordinance No. 8310-12 the zoning district in which it is located, except in accordance with the provisions of this section. B. A principal use or structure may be established on a residential lot of record that was legally in existence prior to March 8, 1999 even though the lot is nonconforming with the lot area and lot width requirements in this development code for the zoning district in which it is located, provided that a Level One (minimum standard) approval is obtained. A level one (flexible standard) approval shall be required only if required setbacks cannot be met. The applicant for a level one (flexible standard) approval shall demonstrates the following: 1. The lot was a lawfully created lot. If the lot was created before 1982, then it is automatically considered to be lawful. If the lot was created after 1982, to be a lawfully created lot, it must have been created by an approved plat in accordance with the City Code; and 2. Upon adoption of this development code, the lot is not held in common ownership with any abutting land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district; or 3. The lot has not been previously developed in combination with an adjacent lot; and 4. If the lot is proposed for a detached dwelling, the dwelling is developed in conformity with the other development standards of the zoning district in which it is located or is approved as a residential infill project. Section 14. That Article 6, Nonconforming Provisions, Section 6-107.A., Community Development Code, be, and the same is hereby amended to read as follows: A. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure conforms to the standards for the zoning district in which it is located as a principal use. * * * * * * * * * * Section 15. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Temporary retail sales and displays means any nonpermanent sales or displays which are of the same product and must be related with the permanent or principal use of property as a retail sales and services business/use. As used in this development code, the term "temporary retail sales and displays" shall include carnivals and similar temporary amusement projects and shall exclude residential development sales office, land sales offices, and garage and yard sales. * * * * * * * * * * Section 16. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Attachment number 2 \nPage 20 Item # 25 21 Ordinance No. 8310-12 Section 17. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 18. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 19. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 20. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 21 Item # 25 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida for services pursuant to Clearwater RFP 33-10, Clearwater Greenprint: A Framework for a Competitive, Vibrant, Green Future Phase II U.S. 19 Corridor Redevelopment Plan, as described in the Scope of Services for a lump sum fee of $131,185, and authorize the appropriate officials to execute same. (consent) SUMMARY: This Planning and Development Department project will result in a corridor redevelopment plan for U.S. 19, addressing future growth demands and the ability of the corridor to accommodate all facets of that new growth. Work products will assist the City in successfully implementing components of Clearwater Greenprint (Phase I) and the 2011 Economic Development Strategic Plan. The U.S. 19 Corridor Redevelopment Plan will include: · Assessment of existing conditions of the corridor (e.g., form and character, vehicle access and circulation), documented in pictures, maps, and narrative; · Analysis of market conditions affecting development, resulting in a matrix of feasible real estate development potential over near, mid, and long terms; · Plan for redevelopment including preferred mix of intensity-density of future land uses and site studies to illustrate how specific development programs, design concepts, mobility enhancements, and sustainability strategies may be applied to up to four selected sites along the corridor; · Land use and zoning strategies to guide development; · Proposed standards and guidelines to guide the form and design character of redevelopment and illustrations of how specific strategies, development programs, and design concepts could work in selected areas; · Mobility and connectivity strategies and recommendations; and · Effective, achievable methods—policies, incentives, and public investments—to promote context sensitive, energy efficient development on vacant and underutilized sites. On October 12, 2011, the City issued Request for Proposal (RFP) #33-11 for the project that requested the consultant engage the public, property owners, and businesses to develop recommendations to address the following objectives: · Translate the broader vision of Clearwater Greenprint into a plan that will guide the future growth, development, and investment in an energy efficient manner along U.S. 19; · Address related land use issues identified within the city’s 2011 Economic Development Strategic Plan to support future economic growth in a sustainable development pattern; · Develop specific land use and zoning recommendations and/or revisions to implement the 2011 Economic Development Strategic Plan; · Foster land use and transportation planning by strengthening linkages between U.S. 19, adjoining neighborhoods, future transit locations (e.g., future BRT), and design of public and private spaces; and · Develop standards and incentives for energy-efficient design of new development, reuse and infill development, and supporting infrastructure within the corridor. Notice of the RFP was posted on the City’s website on October 12, 2011, advertised in the St. Petersburg Times on October 20, 2011, posted online by the American Planning Association (APA) and APA Florida Chapter, and mailed directly to three national firms. Five firms submitted proposals by the November 14, 2011, proposal deadline including: 1) HDR (Tampa); 2) IBI Group (Florida) Inc. (Tampa); 3) Stantec (Tampa): 4) Tindale-Oliver and Associates, Inc. (Tampa); and 5) Wade Trim, Inc. (Tampa). On November 21, 2011, the City’s Evaluation Committee short-listed HDR, Tindale-Oliver and Associates, and Wade Trim. References were checked and the firms were invited to present their qualifications and project approach to the Evaluation Committee on December 6, 2011. The firms were ranked using a point system with five criteria: Project Approach (30 points); Public Outreach/Involvement (25 points); Qualifications and Experience (25 points); Schedule (20 points); and Value (10 points). The top ranked firm was HDR. HDR, partnered with Robert Charles Lesser and Company (RCLCO) and the University of Florida’s Program for Resource Efficient Communities (UF PREC), demonstrated strong capabilities in planning, transportation, and energy efficiency, and real estate/economic analysis (e.g., community sustainability visioning, corridor studies, economic and redevelopment strategies). The project team demonstrated a high understanding of the connection between Clearwater Greenprint and the 2011 Cover Memo Item # 26 Economic Development Strategic Plan, and presented an approach involving a variety of stakeholders (e.g., listening sessions, key leader briefings, market potentials workshop, public workshops) to develop a detailed plan to guide public and private investment over a 20-year time frame in an energy-efficient manner. Additionally, HDR has working knowledge of City operations and staff, as well as working relationships with governmental agencies that will participate in the planning and adoption processes (e.g., Pinellas County MPO, Pinellas Planning Council, FDOT and TBARTA). The Evaluation Committee recommends that the City Council award the contract to HDR. The project will be funded using the remaining U.S. Department of Energy Block Grant funding (Phase 2) awarded on September 21, 2009. HDR is an Engineer of Record, so the project will be processed as a work order to the existing contract. The scope of services with HDR addresses the U.S. 19 Corridor Redevelopment Plan for a lump sum fee of $131,185. Type: Other Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $131,185 Annual Operating Cost: $0 Not to Exceed: $131,185 Total Cost: For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 181-99858 $131,185 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 26 HDR WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: January 3, 2012 HDR Project Number: __________________________ City Project Number: __________________________ 1. PROJECT TITLE: US 19 Corridor Redevelopment Plan 2. SCOPE OF SERVICES: See Attachment A: Scope of Services 4. FEE PROPOSAL: HDR proposes to complete this assignment on a lump sum basis for a total fee, inclusive of labor and expenses, of $131,185.00. Fees by project task are summarized in Table 1 below. Table 1. Fee Summary Task # Task Title Fee 1 Project Initiation $8.500.00 2 Context Assessment $36,000.00 3 Visions, Issues & Ideas $20,500.00 4 Preliminary Framework Plan & Strategies $45,000.00 5 Final Plan & Strategies $20,000.00 6 Public Engagement Support $1,185.00 Total $131,185.00 5. SCHEDULE: HDR proposes to complete tasks outlined in Attachment A: Scope of Services in time for presentation to City Council in July 2012. As indicated in Task 1.1 in Attachment A: Scope of Services, HDR will prepare a detailed project schedule for review with staff during the kick-off meeting and make adjustments as required to meet the City’s goals for the project. 6. STAFF ASSIGNMENT: HDR and subconsultant staff shown in the Organization Chart in the proposal dated November 14, 2011 will be utilized to complete tasks outlined in Attachment A: Scope of Services. The City of Clearwater’s designated Project Representative is Lauren Matzke, AICP. Attachment number 1 \nPage 1 Item # 26 7. CORRESPONDENCE/REPORTING PROCEDURES: Project correspondence from the City to HDR shall be directed to Steven Schukraft. Project correspondence from HDR to the City shall be directed to Lauren Matzke, AICP with copies to others as appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Planning and Development Department, Attn: Nancy Scott, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to percent complete per task. Services not specified in Attachment A: Scope of Services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: ______________________________ PREPARED BY: APPROVED BY: __________________________________ __________________________________ Paul Bowdoin Michael Delk, AICP Sr. Vice President Planning and Development Director HDR Engineering , Inc. City of Clearwater ___________________ ___________________ Date Date Attachment number 1 \nPage 2 Item # 26 HDR Scope of Work | 12.22.11 Page 1 of 8 Attachment A: Scope of Services US 19 Corridor Redevelopment Plan Approach HDR’s approach is designed to fully address City objectives outlined in Section 3.0 of the Request for Proposals (RFP). To achieve visions and goals presented in the Clearwater Comprehensive Plan, Clearwater Greenprint, and the Economic Development Strategic Plan, the HDR team will work collaboratively with the City, agency representatives, and local stakeholders to accomplish the following: › analyze conditions, plans, and policies affecting land use, development, market economics, mobility, energy efficiency, and conservation along the US 19 Corridor; › engage stakeholders in the process of developing visions and goals for the corridor to advance the City’s livability, sustainability, and competitiveness objectives; › define land use and development strategies that leverage the Corridor’s unique locational advantages and capitalize on planned transit and transportation improvements; › prepare design standards for sites, buildings, streetscapes, and public spaces to ensure new projects contribute to the creation of attractive, accessible, sustainable, and competitive destinations; › define effective, achievable methods—policies, incentives, and public investments—to promote context sensitive, energy efficient development on vacant and underutilized sites; and › prepare project communications that present a compelling vision for the Corridor’s future and provide a detailed plan of action to guide public and private investment over a 20-year time frame. As defined below, our team’s approach is designed to build a solid analytical foundation for design and decision-making and ensure multiple opportunities for meaningful public engagement—from brainstorming about big picture visions and ideas through consensus building around specific policies, strategies, standards, and investments. We will work closely with staff and stakeholders to ensure plan recommendations are driven by the community’s vision, shaped by market economics and fiscal realities, and advance Clearwater Greenprint objectives. Project Tasks Task 1.0 Project Initiation 1.1 Project Initiation Meeting. HDR’s project leaders will lead a kick-off meeting with City staff to review project goals and objectives, schedules, administrative procedures (invoicing, communications, etc.), data sources, and other topics relevant to the successful completion of the project. 1.2 Engagement & Communication Strategies. HDR will work with City staff to prepare a memorandum identifying methods to communicate with and engage key stakeholders, including property and business owners, residents of adjacent neighborhoods, and others interested in the future of the Corridor. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 1 Item # 26 HDR Scope of Work | 12.22.11 Page 2 of 8 Potential roles for existing advisory boards and commissions, including the Community Development Board, will be discussed. 1.3 Content for Clearwater Greenprint Web Site. HDR will prepare introductory material on the project for posting on the Clearwater Greenprint web site. As the project proceeds, the team will provide project updates, announcements, and other materials for posting, including copies of memorandum, presentations, and reports. 1.4 Final Schedule & Work Plan. HDR will prepare and submit a final schedule and work plan documenting management and communication protocols and highlighting dates for meetings, workshops, and key deliverables. Deliverables: Engagement & Communications Memorandum Final Schedule & Work Plan Task 2.0 Context Assessments 2.1 Data Sources Work Session. HDR team members will meet with City staff to review plans, reports, studies, and datasets available for use in the study. HDR will prepare a list of data and resources to support the research and analytical work outlined below. During the meeting, HDR also will work with staff to identify participants for the Listening Sessions called for under Task 2.4 below. 2.2 Context Assessment—Land Use & Mobility. Following the kick-off meeting, HDR will conduct a review of relevant policies, plans, reports, and dataset addressing existing and planned development along the Corridor. Using the Clearwater Greenprint and the Economic Development Strategic Plan as primary references, the team will review relevant information available from the City, County, Pinellas Planning Council (PPC), Pinellas County Metropolitan Planning Organization (MPO), Tampa Bay Regional Transportation Authority (TBARTA), Florida Department of Transportation (FDOT), and others. To ensure effective coordination among related efforts, HDR staff will conduct meetings with representatives from each of the above agencies. Working closely with the City, HDR team members will evaluate existing conditions along the Corridor and for areas within easy walking and biking distances. The HDR team will evaluate and make recommendations for the area within ½ mile of US 19, as well as the area generally defined by US 19, Gulf to Bay Boulevard, Drew Street, and North McMullen Booth Road. A list of topics to be addressed under this task follows: › Land Use & Development. HDR will complete a review of existing and planned land uses along the Corridor, documenting in a series of maps with accompanying tables and text, the mix of existing land uses and development densities-intensities. The team also will review publicly-announced plans and proposals for new private development projects. › Form & Character. HDR will assess the form and character of existing development, focusing on the documentation of building types and forms (height, massing, and scale), building orientation, entry Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 2 Item # 26 HDR Scope of Work | 12.22.11 Page 3 of 8 and frontage conditions, site and landscape designs, transitions between adjacent uses, and architectural design. Existing conditions will be documented in photographs and maps with accompanying text. › Planning & Regulatory Context. HDR will review City land use plans, policies, and Community Development Code controls affecting development along the corridor. HDR will report on existing and proposed Future Land Use classifications and summarize policies, strategies, and development standards provided in the Clearwater Comprehensive Plan, the Community Development Code, Clearwater Greenprint, the Countywide Plan Rules, the Economic Development Strategic Plan, and in recent studies prepared by the PPC and MPO. The team also will compile existing and proposed tools and incentives to promote revitalization, provide a range of housing choices, realize a sustainable jobs-to-housing balance, and attract transit supportive development. › Streetscapes & Public Spaces. HDR will document and report on public realm conditions along and adjacent to the Corridor, focusing on conditions within existing public rights-of-ways and on publiclyowned lands. We will focus on documenting improvements affecting the character of streetscapes and publicly-accessible spaces, including landscaping, lighting, signage, and other amenities. › Vehicle Access & Circulation. The team will carefully evaluate the design and performance of the existing and planned street network. HDR will review existing conditions and planned improvements; assess intersection, ramp, and frontage road configurations and access controls; and review existing and projected traffic volumes and travel speeds. The team also will review vehicular circulation on and across private sites, assessing the effectiveness of internal circulation patterns and inter-parcel connections. › Bicycle & Pedestrian Circulation. The team will review surveys on pedestrian and bicycle circulation along the Corridor and report on the condition of existing and planned bicycle and pedestrian facilities. As part of the assessment, the team will review plans and proposal for new and improved facilities and identify existing barriers to bicycle and pedestrian movement. › Existing & Planned Transit. HDR team members will document existing bus transit service and report on current proposals to introduce enhanced transit service along the Corridor. Team members will review recommendations and projected ridership data generated during the MPO’s Countywide Bus Rapid Transit Study, evaluate planned levels of transit service, and document proposals for stops and stations. Existing conditions affecting the design and development of proposed stop sites also will be carefully assessed. › Best Practice Case Studies. HDR, with assistance from UF PREC, will prepare brief (2-3 pages) case studies of local and regional projects with the potential to serve as “best practice” references for use in workshops and reports. HDR will work with staff to identify up to four projects incorporating innovative designs or methods to attract quality development and redevelopment, promote energy efficiency and sustainability, improve connectivity and mobility, and promote transit use, walking, and biking as attractive alternatives to driving. 2.3 Context Assessment—Market Analysis. As the land use and mobility analyses are underway, HDR team member RCLCO will complete an analysis of market conditions affecting development. Working with HDR, RCLCO will provide the market and economic realities and tools to create a market-driven and implementable redevelopment plan. RCLCO’s input will facilitate a plan that is opportunistic in that it will help create upside in market opportunities while grounded in market feasibility. Our team’s experience with a variety of corridor redevelopments throughout Florida and the Southeast will further Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 3 Item # 26 HDR Scope of Work | 12.22.11 Page 4 of 8 our ability to understand the local market and analyze economic opportunities that could help distinguish and sustain the Corridor. RCLCO’s market analysis for the Corridor will involve an overview of the area’s demographic and economic characteristics to determine current market characteristics and future market potential. The analysis will evaluate the Corridor and surrounding market area to help identify current and future demand from various markets and for various development types. The market analysis will build on research prepared to support the Economic Development Strategic Plan and the Tampa Bay Partnership Regional Business Plan for Economic Development and will include discussions with local property/business owners and local development interests to help further identify and evaluate key market trends and obstacles in the area. The analytical tasks required to complete the market analysis include the following: › an analysis of the competitiveness of the Corridor generally and key nodes; › in-depth analysis of the sources of demand for existing and a variety of future uses, including uses that may occupy various types of office and flexible building space; › an assessment of appropriate market positioning (including quantities, configurations, prices/rents, etc.) of proposed land uses; and › an analysis of projected market demand. RCLCO will also incorporate national experience with analogous projects into this assessment, especially as it might pertain to the type of redevelopment possible and the extent to which market demand might support the proposed uses now, in the future, and following specific proactive actions on the part of the City such as key infrastructure investments, economic development strategies, or other actions. The deliverable will provide a matrix of feasible real estate development potential, by product type and including likely market positioning and absorption, over the near, mid, and long terms. In completing this task, RCLCO will conduct site visits to analyze the competitiveness of the various environs for a variety of land uses based upon the physical characteristics and overall real estate development desirability of sites along the Corridor. RCLCO also will collect and analyze descriptive statistics providing a baseline of information to drive the product program analysis including economy, demography, property, and purchasing power. Data evaluated will include, but will not be limited to: employment trends; population trends; household distribution by age, income, and type; retail expenditures; land use (historical and projected) trends; housing tenure; and geographic distribution of the above within the environs, MSA, and region. 2.4 Market Potentials Workshop. As part of the above tasks, RCLCO and HDR team members will hold a focused workshop with representatives of the local real estate and development communities. Working through an organization such as the ULI Tampa Bay, NAIOP Tampa Bay, the Florida Gulfcoast Commercial Association of Realtors, and the Clearwater Association of Realtors, HDR will engage development and real estate professionals in dialogue about the Corridor’s competitive position in the region, challenges associated with changes in accessibility and visibility, and the potential to attract new forms, patterns, and types of investment. The meeting will provide invaluable insight into perceptions of Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 4 Item # 26 HDR Scope of Work | 12.22.11 Page 5 of 8 the Corridor’s market potential as the team begins to explore concepts and strategies to spark reinvestment. 2.5 Context Assessment Map Set, Report, & Presentation. Results of the Context Assessments described above will be summarized in a map set, written report, and a brief PowerPoint presentation documenting existing conditions. The report will be drafted in a way that will allow it to serve, with modest modifications, as the background section of the final US 19 Corridor Redevelopment Plan. Deliverables: Data Requirements Memorandum Context Assessment Map Set, Report & Presentation Task 3.0 Visions, Issues & Ideas 3.1 Stakeholder Listening Sessions. To gain an understanding of stakeholder perceptions of the Corridor and initiate discussions regarding ideas and visions for the future, HDR will conduct up to 6, one-hour Listening Sessions with key local stakeholders. The Listening Sessions should include meetings with owners of vacant and underutilized property, owners of local businesses, prospective developers and investors, professionals with green building and development experience, and representatives from neighborhood associations. HDR will work with staff to identify participants (individuals or small groups), arrange for meeting spaces, and schedule the sessions. HDR assumes the Listening Sessions will be held over a one-to two-day period, coordinated with the Key Leader Briefings described below, and scheduled to minimize travel time for team members. 3.2 Key Leader Briefings. To ensure key stakeholders and community leaders fully understand the project and plans for the first Public Workshop (described below), HDR will participate in up to 4 briefings with key community leaders. During the briefings, HDR will review study objectives and report findings from the Context Assessments. HDR assumes the Key Leader Briefings will be held over a oneto two-day period, coordinated with the Listening Sessions described above, and scheduled to minimize travel time for team members. HDR will meet with City staff to report on the results of the Listening Sessions and Key Leader Briefings and finalize plans for the Public Workshop described below. 3.3 Public Workshop: Visions, Issues & Ideas. The HDR team will lead a Public Workshop to review findings from the initial phases of the study and solicit ideas for the Corridor’s transformation. Organized around questions regarding the Corridor’s most important assets, issues, and opportunities for improvement, team leaders will engage participants in dialogue about specific ways the Corridor should change for the better over the long term (10-20 years). HDR will work with staff to determine the best methods to share information, actively engage participants, capture feedback, and spark productive discussion regarding potential study outcomes. For similar projects, we’ve had success with table-top exercises during which participants map issues and assets, and brainstorm opportunities for improvement. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 5 Item # 26 HDR Scope of Work | 12.22.11 Page 6 of 8 HDR will work with staff to identify an appropriate place and time for the workshop, define effective outreach and communication strategies, and identify equipment and other needs for the event. City staff will provide logistical support for the effort, including scheduling, space reservation, arranging for equipment and refreshments, and preparing and distributing announcements. Following the workshop, HDR will meet with staff to review feedback and review next phases of the project. 3.4 Visions, Issues & Ideas Report. HDR will prepare a brief report summarizing community visions, issues, and ideas shared during the Listening Sessions and first Public Workshop. We will report on the full range of feedback received during engagement activities and in response to material posted on the Clearwater Greenprint web site, and highlight levels of consensus regarding issues and ideas on the Corridor’s future. Deliverables: Workshop Presentation Material Visions, Issues & Ideas Report 4.0 Preliminary Framework Plan & Strategies 4.1 Preliminary Corridor Framework Plan, Strategies Matrix & Demonstration Site Studies. HDR with assistance from RCLCO and UF PREC, will prepare early working drafts of a Framework Plan, Strategies Matrix, and Demonstration Site Studies for review with staff. The Framework Plan will describe land use and urban form concepts defining use mix, densities and intensities, and standards identifying the preferred pattern, form, and character of development. The draft Strategies Matrix, organized around the 8 sets of strategies presented in the Clearwater Greenprint report, will provide a preliminary list of Corridor-specific methods to improve mobility and connectivity, ensure quality design and development, promote energy efficiency and sustainability, and attract private investment. The Demonstration Site Studies will illustrate how specific development programs, design concepts, mobility enhancements, and sustainability strategies may be applied to up to 4 selected sites along the Corridor. HDR will work with staff in the selection of sites and on decisions about how best to represent potential development programs and design strategies. 4.2 City Council Work Session. Based on direction from staff, the HDR team will refine the working drafts of the Framework Plan, Strategies Matrix, and Demonstration Site Studies and prepare a summary presentation for review with the City Council. 4.3 Refinement of the Preliminary Framework Plan and Strategies Matrix. The HDR team will work with staff to revise the working drafts of the Framework Plan, Strategies Matrix, and Demonstration Site Studies and finalize plans for the second Workshop. 4.4 Public Workshop: Preliminary Framework Plan & Strategies. HDR will lead a second Public Workshop to review the preliminary Framework Plan, Strategies Matrix, and Demonstration Site Studies. The session will be designed to build understanding and support for plan goals and objectives, and test community acceptance of preliminary proposals. HDR will work with staff to identify an appropriate Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 6 Item # 26 HDR Scope of Work | 12.22.11 Page 7 of 8 place and time for the workshop, define effective outreach and communication strategies, and identify equipment and other needs for the event. City staff will provide logistical support for the effort, including scheduling, space reservation, arranging for equipment and refreshments, and preparing and distributing announcements. Deliverables: Working Draft of Framework Plan and Strategies Matrix Demonstration Site Studies (including renderings illustrating the potential form and character of planned redevelopment) Workshop Presentation Material 5.0 Final Plan & Strategies 5.1 Plan & Strategies Focus Groups. HDR team members will hold a series of up to 4, one-hour Focus Groups with key stakeholders to gauge opinion regarding the appropriateness and practicality of Plan concepts and strategies. These sessions will serve as a “reality test” for planning concepts and strategies before the Plan is finalized and prepared for review and adoption. HDR will work with staff to identify participants and schedule the sessions. For similar projects, the team has found it helpful to hold focus group meetings with residents as well as property owners and development community representatives. Following the Focus Groups, HDR will meet with staff to review feedback from the second Public Workshop and Focus Groups and identify adjustments and refinements to the Framework Plan, Strategies Matrix, and Demonstration Site Studies. HDR also will review plans for the final Public Workshop and US 19 Corridor Redevelopment Plan adoption process. 5.2 Preparation of Draft US 19 Corridor Redevelopment Plan. Based on staff direction, the HDR team will complete a review draft of the US 19 Corridor Redevelopment Plan. As called for in the RFP, the final draft Plan will include the following: › Conditions Assessment. A summary of existing conditions along the Corridor drawn from the deliverables prepared under Tasks 2.0 and 3.0 described above. › Framework Plan & Demonstration Site Studies. A final Framework Plan for the Corridor’s redevelopment including text and maps indicating the preferred mix and intensity-density of future land uses. The final Demonstration Site Studies will be used to illustrate the preferred form, pattern, scale, and character of development at key locations along the Corridor. › Land Use & Zoning Strategies. Planning strategies to guide development consistent with the Framework Plan. This section will include recommended changes to the Clearwater Comprehensive Plan and Community Development Code, as well as strategies to incentivize preferred development and expand housing options. › Form & Character Strategies. Proposed standards and guidelines to guide the form and design character of redevelopment. This section will address the site, landscape, and building design and provide tools to ensure new projects support objectives for the creation of attractive, accessible, walkable, and well-connected places. › Mobility & Connectivity Strategies. Recommendations for improving mobility in the Corridor, including recommendations for Complete Street designs to better integrate transit service, support Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 7 Item # 26 HDR Scope of Work | 12.22.11 Page 8 of 8 pedestrian and bicycle travel, improve connectivity among proximate uses, manage travel demand, lessen congestion, and ensure safe travel. › Energy Efficiency & Sustainability. Corridor-specific strategies to improve the community’s “triple bottom line”—economic prosperity, environmental quality, and community quality of life— consistent with recommendations in Clearwater Greenprint. This section will focus on ways to reduce greenhouse gas emissions by promoting energy efficiency and reducing vehicle miles traveled, incorporating renewable energy strategies in Corridor projects, conserving water resources, and minimizing impacts on sensitive sites and resources. › Economic Development. Recommendations focused on the policies, incentives, and improvements required to support recommended redevelopment and to create an environment better able to compete for employment-intensive and other forms of private investment. 5.3 Public Workshop: Plan Presentation. HDR will lead a third Public Workshop to present the draft plan and seek feedback on refinements and adjustments. HDR will work with staff to identify an appropriate place and time for the Public Workshop, define effective outreach and communication strategies, and identify equipment and other needs for the event. City staff will provide logistical support for the effort, including scheduling, space reservation, arranging for equipment and refreshments, and preparing and distributing announcements. 5.4 Plan Finalization, Council Work Session, & Adoption. Following the third Public Workshop and based on final direction from staff, the HDR team will prepare an adoption draft of the US 19 Corridor Redevelopment Plan and prepare for its presentation during a City Council Work Session. (At staff’s discretion, the City Council Work Session could be held prior to release of the draft Plan and third Public Workshop.) HDR staff will participate in up to 3 adoption-phase workshops and public hearings and, once the Plan is adopted, HDR will deliver a final version of the Plan in electronic form ready for color or black-and-white printing and posting on the Clearwater Greenprint web site. Deliverables: Draft US 19 Corridor Redevelopment Plan Workshop & Hearing Presentation Material Final US 19 Corridor Redevelopment Plan Though not included in the above list of Tasks, HDR team members can provide additional services including participation in additional meetings and work sessions; preparation of detailed design proposals or development standards; development of additional or refined renderings and illustrations of plan concepts; evaluation of infrastructure conditions and capacities; cost estimating for proposed improvements; or other services. The scope of work assumes City staff will manage and support meeting and workshop logistics and communications, including scheduling, reserving spaces, and printing and distributing public announcements and reports. Neevia Document Converter Pro v6.1 Attachment number 2 \nPage 8 Item # 26 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Appoint one member to the Parks and Recreation Board with term to expire January 31, 2016. 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 MEETING DATES: Quarterly (4th Tues.) -Jan., April, July, Oct. PLACE: Long Center – 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES ON THIS BOARD AND NOW REQUIRES REAPPOINTMENT: 1. Ron Whitcomb – 1009 Pearce Dr., #210, 33764 – Original appointment 1/15/04 (2 absences in the past year) (Serving 2nd tem which expires 1/31/12) Interest in Reappointment: Yes (new appl received) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: No other applications on file. Zip codes of current members on board: 1 at 33755 2 at 33761 2 at 33764 2 at 33767 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 27 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: oiN1 Mtl7C19 Home Address: Office Address: O0? Pe-lte Cr zlo CGtI)Rw T E1-, FL zip33766 Zip Telephone: 77 " 6 6'? 3g 7S Telephone: Cell Phone: If 7as7-E-mail Address: t 2011 How long a resident of Clearwater? I YFA-es. Occupation: S r*/REP Employer Field of Education: Other Work Experience 115 If retired, former occupation: Aciq -EQZ& D.0 ,) R,V6.S Community Activities: /141 `.NDS ©PACMU1LF4, /)/'U S'/N frOAD ' S Sod L6 MA'l O/S TAY 0 N Crl IJ&) J CCEe C'64C1+, C'oNVD 0 FFi 4'r . Other Interests: AA 0\5')C, 11at6 v'F 1FAin zS F-64, 1 Board Service ( current and past): Board Preference: Additional Comments: n94 To (0r`h--I ni 19 F( ,A% NA-i?J-1J Cc.vv ! 1J s)6(e N.DK( Ds t Signature: 1 Date: 11-11-11 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 of Item # 27 BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? o w krc c TY p4I3 jQ „ r412 EIS kovJ 1,n1 M et. C vv\ vJ L` I l A1'F z ,/4 ti E 71(4C-14 Ti4& s-rirreF. 2. Have you ever observed a board meeting either in person or on C-View, the City' s TV station? Yom -Mhol 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? G ( r5( 1). EIJ—, P, r J s 6(ri vg TY bpi etwa, c;` t TJEDS 4' J ' 4 G -Pfle.. s -t-kre-, 4. Why do you want to serve on this Board? OA);i 1--6 Su P f d R! Crr V 1 1 -Reis-54-ris-Ti+t FU 14)0 7— Igo u LD l..l .K r' s k 0-0A1-oF O M-o(Z G $ rr Cu R-s C f/G -1 M S 4r Ao/1/10,1, F,J TFN' A11 c CDAAP Le. Name: Dti1 L'tJftiyeiv Q Board Name: KS ' e Kk,-e--r-I U Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 of Item # 27 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8307-12 on second reading, amending Chapter 32, Utilities, Section 32.182, and renumbering subsections accordingly, and amending Appendix A, Article XXV, Public Works – Fees, Rates and Charges, Section (1)(c), Clearwater Code of Ordinances, regarding sewer services outside the corporate limits of the city. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Ordinance No. 8307-12 ORDINANCE NO. 8307-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE PROVISION OF SEWER SERVICES OUTSIDE THE CORPORATE LIMITS; AMENDING CHAPTER 32, UTILITIES, SECTION 32.182, AND RENUMBERING SUBSECTIONS ACCORDINGLY, AND AMENDING APPENDIX A, ARTICLE XXV, PUBLIC WORKS -FEES, RATES AND CHARGES; SECTION (1)(C), CLEARWATER CODE OF ORDINANCES,; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to amend certain sections of the Code of Ordinances and Appendix A thereto in order to provide requirements and fees for the extension of sewer service to properties outside the corporate limits of the City of Clearwater; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.182, Code of Ordinances, is amended to read as follows: Section 32.182. Service outside corporate limits. (1) The city shall have the power to install, improve and maintain wastewater collection lines and facilities outside of the corporate limits of the city and to assess the abutting property requesting or obtaining service of such facilities under the following conditions: (i) When the city receives a petition requesting wastewater collection service signed by at least 50 percent of the property owners within a given unincorporated geographic area; or (ii) When the state division of health shall officially notify the city that a health hazard exists within a given unincorporated area which health hazard shall be determined by a field survey, appropriate tests and inspections by the state division of health. After receiving the petition or the written official report of the state division of health, the city commission council shall, by resolution, declare its intention to hold a public hearing to determine the need and necessity to construct wastewater collection lines and facilities in the geographic area, and shall provide notice by publication in a newspaper of general circulation in the city once a week for at least two weeks, the first publication of the notice to be not less than ten days prior to the hearing provided for in the notice, and in addition, the city shall send written notice to all property owners within the geographic area or as determined by the Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 1 Item # 28 Page 2 Ordinance No. 8307-12 current county tax rolls, at least ten days before the scheduled public hearing. The notices shall require all persons interested to show cause why the wastewater collection lines and facilities should not be constructed and if at the time designated in the notice no objections are file, or if objections are filed and the objections shall be deemed insufficient by the commission council, then the commission council may, by resolution, order the wastewater collection lines and facilities constructed in accordance with plans and specifications therefor to be kept on file in the office of the city clerk. The resolution shall be published in a newspaper of general circulation in the city once a week for two weeks. ; (iii) When the city initiates a sewer system expansion into non-sewered areas as part of the Unified System Master Plan (Sewer System Expansion Feasibilty Study, 2010 Update). Any owner of property located outside the corporate limits of the city shall execute an agreement to annex and any required service contract as a condition of obtaining service. (2) In the case of resident initiated expansion of Health Department directives: After the completion of the construction of the wastewater collection lines and facilities, the city shall assess the actual cost thereof against the property requesting service abutting the lines and facilities, which costs shall be itemized and subject to audit. If the assessments are not paid within 30 days of the making thereof, the city may at any time thereafter issue certificates of indebtedness against the abutting property for such assessments or parts thereof as are unpaid, such certificates to be payable in not less than three months nor more than 20 equal annual installments, or more frequently as may be determined by the city council, and shall bear interest at a rate of return authorized by law until paid, which certificates shall constitute and be a prior lien to all other liens, except the lien for taxes. The certificates shall be processed and administered in accordance with sections 124, 125, 126 and 127 of Laws of Florida 1923, ch.9710, which shall provide that the method of collecting special improvement assessments on property within wastewater collection project areas shall be the same as that followed on property situated within the corporate limits of the city. (3) In the case of expansion determined by the city as part of its Unified System Master Plan, and in accordance with Florida Statutes Section 381.00655, the city provides for the following requirements: The property owner has options as to when and how to connect to the system. (i) Properties with functioning on-site septic systems will not be required to connect to the system. The City has the right to request inspection of the system to verify a determination that such connection is not required in the public interest due to public health considerations. However if the property connects for service at the time of construction of the system, the City will Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 2 Item # 28 Page 3 Ordinance No. 8307-12 utilize the assessed impact fee ($900.00 for single family residence) to offset costs associated with construction by a licensed plumbing contractor to install a sewer lateral between the city cleanout and the house cleanout. Additionally, these funds can be used to offset costs associated with proper abandoning of the septic system. (ii) If during a time period of up to one (1) year after completion of the City expansion project, the property owner that has opted not to connect has a septic system fail, the property owner can apply for and receive an incentive of one-half of the assessed impact fee ($450.00 for single family residential properties) to offset costs associated with construction by a licensed plumbing contractor to install a sewer lateral between the city cleanout and the house cleanout. Additionally, these funds can be used to offset costs associated with proper abandoning of the septic system. The $450.00 is a maximum value that will be reimbursed to the property owner’s utility account upon verification of the documented costs. (iii) After a period of one (1) year from the date of project completion of a City expansion project, those properties that have elected to not connect to the Unified Sewer System will receive notice of a requirement to connect. The property owner will have ninety (90) days to comply with the terms of the notice after which time the property will begin to be billed for the minimum monthly charge for sewer service, even if the connection to the system has not been made. (iv) Only in the case of the notice to connect; and if requested, Financial Hardship Assistance is available to defer costs of impact fees. The request to enter into a payment arrangement would be made to the City with the property owner agreeing to payment terms including principal balance and finance charge(s) that would be in listed and added to the monthly utility bill as described herein Sec 32.182(2). ( 3) (4)The city shall charge a rate for wastewater collection service outside of the corporate limits of the city, developing such rate in accordance with appendix A to this Code, and with the guidelines set out in F.S. § 180.191. Section 2. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (1)(c), Wastewater Impact fees, Clearwater Code of Ordinances is amended as follows: (1) Impact fees: * * * * * (c) Wastewater impact fees. Payable at the building division at Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 3 Item # 28 Page 4 Ordinance No. 8307-12 the time the first building or plumbing permit is issued or prior to connection where conversion of a septic system to sewer service occurs: * * * * * Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED _____________________ ______ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Neevia Document Converter Pro v6.1 Attachment number 1 \nPage 4 Item # 28 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: NAACP request: Name Change of the North Greenwood Recreation and Aquatics SUMMARY: Review Approval: Cover Memo Item # 29 Neevia Document Converter Pro v6.1 Item # 29 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Pickles Request SUMMARY: Review Approval: Cover Memo Item # 30 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Greenprint Community Gardens -Councilmember Jonson SUMMARY: Review Approval: Cover Memo Item # 31 Work Session Council Chambers -City Hall Meeting Date:1/9/2012 SUBJECT /RECOMMENDATION: Uncorked Presentation -Tammy Gail SUMMARY: Review Approval: Cover Memo Item # 32 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the creation of the Homeless Leadership Board, Inc., to replace the Homeless Leadership Network, and approve the revised Interlocal Agreement. SUMMARY: The Homeless Leadership Network and the Pinellas County Coalition for the Homeless, Inc. are merging responsibilities and activities into a new organization, the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 2012. It will become the policy and operational leadership entity in the Pinellas Homeless Services System. The Homeless Leadership Network and Homeless Coalition will cease operations on that date. The major reasons behind the creation of the new HLB are: to streamline leadership and make it more effective, efficient and accountable and to focus its efforts on making the homeless services system more effective and performance-driven in moving individuals and families from homelessness to permanent housing. Homeless Leadership Board, Inc. Structure · The HLB will focus on homeless families, individuals, and unaccompanied youth, and those at-risk of homelessness. It will be a non-profit corporation. · The Board of Directors will comprise no more than 21 members and will have one CEO and adequate staff. The initial 19 members will be Board members/CEOs/COOs/other major executive staff in the following categories: o Seven elected officials: One from the Pinellas Board of County Commissioners § One from: § · Clearwater · Largo · Pinellas Park · St. Petersburg · Tarpon Springs One from Public Defender § Cover Memo o Twelve Community Leaders: Item # 4 One JWB/Childrens Service Board member § Four service experts § Two faith-based organization representatives § Two business representatives § One medical services/hospital representative; § One at-large representative § One homeless/formerly homeless representative § · Two major councils of the HLB will provide comprehensive information and recommendations for action and approval to the HLB, the Providers Council and the Funders Council, and will each have a representative on the Board of Directors. (Responsibilities attached) · The HLB will rely on existing human service or business networks and committees as much as possible to discuss and make recommendations on homeless issues instead of creating additional committees. The responsibilities of the HLB Board of Directors will be to set and implement policies; conduct system planning; provide oversight of the goals and track outcomes; perform all lead agency funding oversight responsibilities; coordination and networking. The parties to the Agreement are Pinellas County, City of Clearwater, City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, the Public Defenders Office, the Pinellas County School Board and the Juvenile Welfare Board. The changes to the Interlocal Agreement are to change the name of the organization to the Homeless Leadership Board throughout the document; add the Public Defender to the signatories; change the ending date to 2022 and amend a few instances of language clean-up from the original document. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 2 \nPage 1 of 12 Item # 4 Attachment number 2 \nPage 2 of 12 Item # 4 Attachment number 2 \nPage 3 of 12 Item # 4 Attachment number 2 \nPage 4 of 12 Item # 4 Attachment number 2 \nPage 5 of 12 Item # 4 Attachment number 2 \nPage 6 of 12 Item # 4 Attachment number 2 \nPage 7 of 12 Item # 4 Attachment number 2 \nPage 8 of 12 Item # 4 Attachment number 2 \nPage 9 of 12 Item # 4 Attachment number 2 \nPage 10 of 12 Item # 4 Attachment number 2 \nPage 11 of 12 Item # 4 Attachment number 2 \nPage 12 of 12 Item # 4 Attachment number 3 \nPage 1 of 2 · · · · · · · · Item # 4 Attachment number 3 \nPage 2 of 2 · · · · · · · · Item # 4 Attachment number 4 \nPage 1 of 3 Item # 4 Attachment number 4 \nPage 2 of 3 Item # 4 Attachment number 4 \nPage 3 of 3 Item # 4 Attachment number 5 \nPage 1 of 3 Item # 4 Attachment number 5 \nPage 2 of 3 Item # 4 Attachment number 5 \nPage 3 of 3 Item # 4 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record. Type: Other Current Year Budget?:Budget Adjustment: NoNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Appropriation CodeAmountAppropriation Comment 0566-00000-364413-000-To Be Sale proceeds 0000Determined Bid Required?:Bid Number: No Other Bid / Contract:Bid Exceptions: None Review 1) Office of Management and Budget 2) Financial Services 3) Office of Management and Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 5 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the first renewal of a Purchase Order, in the amount of $939,050, with Florida Gas and Electric Corporation for the Installation of Gas Mains and Service Lines for the period February 1, 2012 to January 31, 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Gas and Electric, located at 8011 Land O'Lakes Boulevard Land O' Lakes, FL 34638, is one of two Clearwater Gas System (CGS) contractors who install Gas Mains and Service Lines to meet residential, commercial and industrial customer requirements in support of gas sales and operations. Florida Gas and Electric has performed satisfactory work since the contract was awarded on February 1, 2011. This is the first of two renewals authorized in the original bid. Florida Gas and Electric has agreed in writing to hold current pricing on the estimated quantities for the Installation of Gas Mains and Service Lines in Bid 05-11 in the contract amount of $939,050 for the period February 1, 2012, to January 31, 2013, and has provided a Performance Bond and Proof of Insurance. Funds are available in Code 315-96378 ($657,335) Pasco New Mains and Service Lines, Code 315-96377 ($281,715) Pinellas New Mains and Service Lines, in the Clearwater Gas System budget to support these requirements. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: 939,050939,050 Not to Exceed:Total Cost: 939,050939,050 For Fiscal Year: 10/1/2011 to 9/30/2012 Appropriation CodeAmountAppropriation Comment 315-96377$281,715Pinellas New Mains and Service Lines 315-96378$657,335Pasco New Mains and Service Lines Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) City Approval: Manager 7) Clerk Cover Memo Item # 6 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13, and 2013/14 and authorize the appropriate officials to execute same. (consent) SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30, 2011. City management staff and representatives of CWA Local 3179 began discussions in October of 2011 regarding a new collective bargaining agreement in conjunction with negotiations over proposed changes to the City Pension Plan. On December 6, 2011, the parties reached a tentative agreement for a new contract as part of a package deal that included the proposed Pension Plan changes. The bargaining agreement and proposed Pension Plan changes were subsequently submitted by the Union to its bargaining unit, which ratified the agreement on January 5, 2012. The agreement is a three-year contract providing for a 2.5% merit increase in each year for all bargaining unit personnel who attain a Meets Expectations rating on their annual performance evaluation, with any amount that exceeds the respective employees pay range maximum being paid as a one-time lump sum. The agreement also clarifies rules regarding hours of work, and modifies existing alternate duty and absence management provisions to reduce the amount of time that employees may be absent from their designated position. A first quarter budget amendment will allocate reserves from the operating funds to cover the cost of CWA pay increases for the current budget year. Future budgets will include the contract costs in the proposed budgets. The costs associated with the implementation of this agreement are anticipated to be approximately as follows: Fiscal Year 2011/2012: $776,900 All funds $337,000 General Fund Fiscal Year 2012/2013: $796,300 All funds $345,450 General Fund Fiscal Year 2013/2014: $816,200 All funds $354,000 General Fund TOTAL: $2,389,400 All funds $1,036,450 General Fund Type: Other Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $776,900 Not to Exceed:Total Cost: $2.389M For Fiscal Year: 2012 to 2013 Cover Memo Item # 7 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 \nPage 1 of 57 Item # 7 Attachment number 1 \nPage 2 of 57 Item # 7 Attachment number 1 \nPage 3 of 57 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Preamble ......................................................................................... 1 Article 1 Recognition .................................................................................... 1 Included & Excluded Members ................................................................... 1 Managerial & Confidential Employees ....................................................... 1 General Provisions ........................................................................................ 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties ............................................................................. 3 City’s Management Rights ............................................................................ 3 Union Rights .................................................................................................. 4 Emergency Conditions ................................................................................. 6 Impact Bargaining .......................................................................................... 7 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 7 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 10 Article 7 Personnel Practices ...................................................................... 12 Regular Work Hours ................................................................................... 12 Appointments & Promotions .................................................................... 13 Probationary Periods ................................................................................... 15 Health & Safety ............................................................................................ 17 Paycheck Issuance ....................................................................................... 18 Article 8 Leaves of Absence ........................................................................ 18 Designated Holidays .................................................................................... 18 Floating Holidays ......................................................................................... 20 Vacation ........................................................................................................ 21 Sick Leave ..................................................................................................... 24 Funeral Leave ............................................................................................... 29 Line-of-Duty Injury ..................................................................................... 30 Military Leave ............................................................................................... 31 Jury Duty and Court Time ......................................................................... 32 Administrative Leave................................................................................... 32 Leaves without Pay ...................................................................................... 33 Other Time Off ........................................................................................... 33 Union Time .................................................................................................. 34 Alternate Duty & Return to Work ............................................................ 35 Item # 7 Attachment number 1 \nPage 4 of 57 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Article 9 Wages & Compensation ............................................................... 36 Salary.............................................................................................................. 36 Overtime ....................................................................................................... 37 Standby & Recall .......................................................................................... 37 Shift Differential .......................................................................................... 39 Acting Pay ..................................................................................................... 39 Training Differential .................................................................................... 39 Leadworker Pay............................................................................................ 39 Assignment Pay Differential ...................................................................... 40 Uniforms & Rain Gear ............................................................................... 40 Certification Pay ........................................................................................... 41 Replacement & Repair of Tools/ASE Certifications ............................. 42 Training and Career Development ............................................................ 42 Travel and Mileage....................................................................................... 42 Commercial Drivers License ...................................................................... 42 Tuition Reimbursement .............................................................................. 43 Article 10 Insurance ...................................................................................... 43 Article 11 Performance & Discipline ............................................................ 44 Article 12 Drug & Alcohol Policy ................................................................. 44 Article 13 Retirement .................................................................................... 45 Article 14 Seniority, Layoff, and Recall ........................................................ 46 Seniority ........................................................................................................ 46 Layoff ............................................................................................................ 47 Article 15 Duration, Modification, & Termination ...................................... 48 Appendix A Alphabetical Listing of Represented Classifications ......................i Appendix B Pay Range Tables ........................................................................... v Item # 7 Attachment number 1 \nPage 5 of 57 PREAMBLE The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the City, and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as the Union, (PERC Certification Number 170), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included : Nonprofessional employees of the City of Clearwater (See Appendix for listing of included job classifications). Excluded : Department Heads; Division Heads; Managerial and Confidential Employees within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater not specifically included. Section 1. Managerial Employees "Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who have authority in the interest of the public employer, City of Clearwater, to formulate policy or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a major role in the administration of agreements resulting in collective bargaining, or have a significant role in personnel administration or employee relations and in the preparation and administration of budgets and said roles are not of a routine, clerical or administrative nature and require the exercise of independent judgment. Historically, these job classifications have been treated as managerial within the foregoing criteria. Section 2. Confidential Employees "Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees who act in a confidential capacity to assist or aid managerial employees as set forth above and as defined in the Florida Statutes; specifically said employees have access to and assist in the preparation for collective bargaining, budget, and all have access to information dealing with the administration of this contract, including the handling of grievances under the grievance procedure as set forth herein. Item # 7 1 Attachment number 1 \nPage 6 of 57 Section 3. General Provisions This Agreement shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions of this Agreement shall continue in full force and effect. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. 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 specifically otherwise provided herein. Section 4. A City or Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 5. The parties agree to bargain proposed changes in the City's Civil Service Rules 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 authorized representatives of the Union in matters requiring the mutual consent or other official action called for by this Agreement. The Union agrees to notify the City in writing of the name of such authorized representatives. Written notice of the replacement of authorized Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. The Union agrees that during the term of this Agreement it will deal only with the authorized representatives of the City, to wit: the City Manager or his/her designees. Item # 7 2 Attachment number 1 \nPage 7 of 57 ARTICLE 3 RIGHTS OF PARTIES Section 1. Employees in the bargaining unit shall have the right to form, join, and participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor the Union will discriminate against any employees in regard thereto. Section 2. The City and the Union will not discriminate against employees in the unit because of race, color, sex, age, national origin, disability, religion, marital status, or membership or non-membership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a charge is filed, it shall be considered withdrawn. Section 3. It is understood that the provisions of this Article embrace all rights of employees covered by all federal, state, county and city laws and regulations. Section 4Citys Management Rights . The City reserves, retains, and is vested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: A.to manage the City generally and to determine the issues of policy; B.to determine the facts which are the basis of management decisions; C.to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; D.to determine the nature, manner, means, and technology, and extent of services to be provided to the public; E.to determine methods of financing and budgeting; F.to determine the types of equipment and technology to be used; G.to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; H.to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; Item # 7 3 Attachment number 1 \nPage 8 of 57 I.to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; J.to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary reasons; K.to discharge, suspend, demote, or otherwise discipline employees for just cause; L.to determine job classifications and to create, modify or discontinue jobs; M.to hire, transfer, promote, and demote employees; N.to determine policies, procedures, and standards for selection and training; O.to establish productivity programs and employee performance standards including, but not limited to, quality and quantity standards and to require that such standards be followed; P.to maintain order and efficiency in its facilities and operations; Q.to establish and promulgate and/or modify rules and regulations and standard operating procedures; R.to otherwise take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services; Section 5. Union Rights A. Check-Off The City shall deduct dues twice per month in amounts as certified to the City by the Secretary-Treasurer of the Communications Workers of America and will remit the aggregate deduction so authorized together with an itemized statement to the Secretary- Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on a monthly basis. Changes in Union membership dues will be similarly certified to the City in writing and shall be done at least 30 days prior to the effective date of such change. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon 30 days written notice to the City and to the Union. The Union shall indemnify and hold harmless the City from any and all claims or demands and expenses in connection therewith based upon the City's participation in dues deduction. 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. Item # 7 4 Attachment number 1 \nPage 9 of 57 B.The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. C. A copy of the official City Council agenda shall be made available to the Union. D. The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City maintains an employee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. E. All permissible notices shall be signed by a duly recognized officer of the Union and may be delivered through the City's departmental interoffice mail system. The City agrees to accept from the Union, review for appropriateness, and forward permissible notices via e-mail to a list of work sites and designated bargaining unit members as approved in advance by the City. The City reserves the right to discontinue the use of e-mail for such purpose at any time if the City determines that the approved and forwarded e-mail is not used for the intended purpose. F. The Union President will be provided, on a quarterly basis or upon request, the names, and home addresses, and such other data that is readily available from the City’s information database for all current employees of the City who are in the bargaining unit. The Union shall have access to such names and addresses at any time pursuant to public records law, subject to such fees as may be proper in accordance with state law. G. The Union representatives shall be allowed as defined below time off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgment of the Department or City, the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted in greater than 2-hour increments per day. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The Union representative will provide advance notice to his/her supervision to allow planning arrangements to enable the Union representative time off for investigative activity. When a Union representative desires to contact an employee in the unit who has a complaint, he/she shall first obtain permission from the employee’s supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify his/her supervisor upon his/her return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a Union representative. Item # 7 5 Attachment number 1 \nPage 10 of 57 H.There shall be an average of one Union steward for each City department or one for each 35 employees in the bargaining unit. No division shall be assigned more than one Union representative unless the Division has more than 35 employees, then one Union steward for each 35 employees or fraction thereof may be assigned. I.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. Section 6. Miscellaneous A.Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement in pocket booklet form for all employees in the unit. If the City is unable to perform the printing or copying internally, the City agrees to include up to three printers of the Union’s choice in obtaining quotes for services in accordance with City purchasing guidelines. The City further agrees to utilize the printer of the Union’s choice if such printer submits the lowest bid, or provided the Union pays the difference in copying costs between that of the Union’s printer and that of the printer submitting the lowest bid. B. Review of Personnel File -- On reasonable advance notice, employees shall be allowed to review their personnel files. C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives. However, no employees will be pressured by either party to this Agreement to contribute to any charity. D. Union Committees -- Certain committees of the Union may be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. Such committees and meetings shall not include preparation for bargaining. E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union material in accordance with the established City rate for copies. This material shall be non- controversial in nature and subject to advance review by the City Manager or his/her designee. Section 7. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. Item # 7 6 Attachment number 1 \nPage 11 of 57 Section 8.Impact Bargaining The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and conditions of employment prior to implementation. The Union will notify the City in writing, within 30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the change. Failure to notify the City of the specific negotiable impact of a proposed change within the time limit prescribed above shall constitute acceptance of the change on the part of the Union and the City may implement the change at the end of the prescribed time limit. If timely notice is given, the proposal shall not be implemented until resolution is reached. The City and the Union will then negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual agreement endorsed in writing. ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall attach to such individual employee as well as the Union if the provisions of this section are violated. Section 3. Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary injunction at an ex parte hearing. ARTICLE 5 LABOR/MANAGEMENT COOPERATION The Union recognizes and supports the concept of a Labor-Management Committee to address city-wide employee concerns that are not specifically provided for by contract provisions and to improve labor-management communications. Such a committee shall be established, to be composed of six representatives selected by the Union and six representatives selected by the City. Resource people, visitors, and a facilitator if necessary may attend Committee meetings upon mutual agreement of the Union and the City. Rules and operating procedures of the Committee shall be established and may be changed by mutual agreement of the City and the Union. Item # 7 7 Attachment number 1 \nPage 12 of 57 The Labor-Management Committee shall not be intended to bypass the grievance procedure. The Committee shall have advisory powers only but may propose standard policies and procedures to be followed city-wide. However, decision making responsibility shall continue to remain with line management of the City and with line officers of the Union. If such recommendations are adopted by the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the provisions of the CWA contract. The City will fund the registration cost only for up to five Union members who are current City employees to attend the Florida Labor Management Conference or a similar labor-management conference or seminar within the state of Florida one time for each year of the Agreement. The expenditures of any such funds made available by the City will require the mutual agreement of the City and the Union. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement of disputes that arise under this Agreement between the Union and/or an employee and the City. All employees and supervisory personnel should make every possible effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filed by the City or by an aggrieved employee through the Union. Entrance probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin in Step 3, as hereinafter provided. A class-action grievance may be filed by the Union if an action or dispute directly affects more than one bargaining unit employee. A class-action grievance may begin at Step 3. Section 2. No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the Union and/or employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 3. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during employees' normal working hours without loss of wages when the absence of employees or supervisors involved is reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's designee, be detrimental to the work programs of the City. A grievant may be accompanied by a Union representative at any time during the grievance procedure. The City will attempt to accommodate all parties in the processing of grievances. Item # 7 8 Attachment number 1 \nPage 13 of 57 Section 4. If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that said employee has exercised his/her option granted by Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service appeal procedure. Any employee presenting a grievance shall be referred to a Union representative after which the Union will advise whether the grievance is meritorious for processing, and shall be formally processed in accordance with the steps outlined below. When the City is informed by the Union that it is representing an employee in the grievance process, the City shall not deal directly with the employee throughout the process except at the employee’s specific written request. The Union shall be afforded the opportunity to be present at the resolution or determination of any grievance involving a bargaining unit member. Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday through Friday, except holidays. Step 1 Within 15 working days after such alleged violation is known by the grievant, the Union and/or aggrieved employee will present the grievance in writing on the appropriate form to the employee's division head and a copy to the City Manager or his/her designee. The written grievance at this step, and at all steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. Grievances submitted which do not contain the information required on the form shall be returned to the Union and/or employee for completion. The Union and/or employee shall be advised as to why the form is not complete. This shall extend the required time for submittal of the grievance to 5 working days from the time that the grievance is returned to the grievant. Upon acceptance of the grievance, the grievance form may not be amended from the original written grievance at the initial step of the grievance procedure except by mutual agreement of the parties. The division head will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance or failure of the parties to resolve the grievance informally. A grievant may have a Union representative accompany him/her to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the Union and/or the grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days, may appeal the grievance to Step 2. Item # 7 9 Attachment number 1 \nPage 14 of 57 Step 2 If the grievance is appealed to the Department Director, the Department Director or designee will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance. A grievant may have a Union representative accompany him/her to the meeting with the Department Director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The Department Director or designee will provide the Union and/or grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working days, appeal the grievance to Step 3. Step 3 If the grievance is appealed to the City Manager or his/her designee, the City Manager or his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. Acting for the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4  Arbitration A.Within 30 calendar days from the receipt of the decision of the City Manager or his/her designee for a Union/employee initiated grievance, or failure to resolve a City-initiated grievance as provided in Section 5, Miscellaneous, subparagraph “H” hereof, the party requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate and shall at the same time request a list of seven arbitrators from the Federal Mediation and Conciliation Service. For Union initiated grievances involving suspension, demotion, or dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by the Union of the City Manager or designee’s decision. Each party shall have the right to unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be rejected by mutual consent of the parties. B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike three names therefrom, with the party presenting the grievance striking the first name and the parties alternating thereafter, the remaining name to designate the arbitrator. C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine his/her decision to the grievance in question and he/she shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. Item # 7 10 Attachment number 1 \nPage 15 of 57 D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above, shall be final and binding on the aggrieved employee, Union, and City. E. The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. F. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the date the grievance was submitted. The City will incur no liability for back pay more than 30 days following the arbitration hearing. Section 5. Miscellaneous A.The parties will cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. B.No reprisals of any kind shall be taken against any party in interest participating in the grievance procedure. C.No record dealing with the processing of a grievance shall become a part of the personnel files of individual employees; however, ultimate records of adverse actions against employees may be included in personnel files. D.No employee shall be required to discuss a written grievance if a Union representative is not present. E.In order to prevent the filing of a multiplicity of grievances on the same question of interpretation or compliance where the grievance covers a question common to a number of employees, it shall set forth thereon the names of the persons of the group and the title and specific assignments of the people covered by the group grievance. In such event, the Union and/or one employee shall be designated by the group of employees to act as the grievant. F.Grievances arising at a step other than Step 1 shall be processed in the same manner except that the grievance will be initiated with the appropriate City Manager or his/her designee rather than with the division head or department head. Grievances relating to suspension or dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department head. G.It is specifically agreed that employees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an employee has been unjustly discharged, he/she may be returned to work with pay for all time lost; provided that discharge or other disciplinary action taken with respect to any probationary employees is expressly excluded from this paragraph. Item # 7 11 Attachment number 1 \nPage 16 of 57 H.Where any provision of this Agreement involves responsibility on the part of the Union that, 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 Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the City Manager, or his/her designee, and submitted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. I. The time limits of a grievance at any level may be extended by mutual written consent of the parties. If a grievant fails to submit or advance a grievance at any step in the process within the prescribed time limit as defined above, the written determination received by the grievant from the respondent at the prior step shall be considered accepted by the grievant, and the grievance shall be considered resolved. If the City fails to respond to a grievant at any step in the process within the prescribed time limit as defined above, the Union may advance the grievance to the next step in the process. ARTICLE 7 PERSONNEL PRACTICES Section 1.Regular Work Hours A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Saturday to midnight Friday. Employees’ hours of work excluding unpaid meal periods will consist of the number of hours set forth opposite the respective job class titles in the Official Pay Plan. Employees must obtain approval from a person of competent authority prior to working any hours outside of their established work schedule, either before their designated starting time or after their designated quitting time or during an unpaid meal period. B.The City shall determine and notify employees in advance whether their position shall be scheduled an unpaid meal period or in situations where the employees’ position does not permit the employee to be freed from his/her duties only, shall instead be paid for all scheduled hours and required to take a meal during any period of non-work time during the course of the workday. The determination will not be changed on a daily basis except when necessary due to operational demands. The City shall determine at what time applicable employees will be required to take an unpaid meal period. Generally, the meal period will be scheduled in the middle of the work shift. Employees who are not scheduled an unpaid meal period will not be required to take their meal during a 15 minute paid rest period. When employees are required by the City to perform actual job duties during any part of a meal period, they will be compensated in accordance with applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked. All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first portion of their work shift prior to the meal period and one after the meal period. Full-time employees who work a partial day shall be provided one 15-minute paid rest period for each four hours worked. If employees opt not to utilize such rest periods, the City shall not be deemed to have violated this section. Employees shall not Item # 7 12 Attachment number 1 \nPage 17 of 57 have the right to accrue or otherwise utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety and may not be subdivided into shorter increments. Part-time employees shall be granted meal or rest periods in accordance with the above and based on the number of hours worked each day proportionate to a full-time employee in the same job classification. C.When an employee is required by the Department Director to attend training or job-related workshops, such time spent in training shall be paid and counted as hours worked toward the calculation of overtime. Meal periods shall not be included as such hours worked. However, if the time spent in training alone is less than the employee’s regularly scheduled hours of work for the day, and it is not practical as determined by the employee’s department for the employee to report to work before or after the training, the employee will be paid for the number of his/her regularly scheduled hours for the day. D.The number of days of work in a specific work week for employees in the bargaining unit may vary between four, five, or six days. Whenever practicable, each employee’s regularly scheduled work week will consist of two days off per week, exclusive of overtime, standby, or recall. Each full-time employee and any part-time employee requesting such will be granted at least one day off per week, exclusive of overtime, standby, or recall. E.An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. Forty-eight hours will be deemed reasonable notice. F.Employees may request, and with the prior approval of their respective Department shall be permitted to adjust or “flex” their hours of work within a specific work week. G.Employees are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until released by competent authority and will not leave their work station or locations before their appointed quitting time. Employees will not be docked pay for the first six minutes (1/10 hour) after their appointed starting time. Employees will not be paid for periods of work performed in increments of less than six minutes (1/10 hour). For example, an employee who reports to work five minutes and fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not be docked pay. An employee who works six minutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/10 hour for all such time. Section 2.Appointments & Promotions A.All appointments to positions in the bargaining unit shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examination or other evaluation process under the policies and practices of the Human Resources Department. Employees may review their own respective examination or evaluation results upon request. The Union local president or designee (excluding any applicant shall be permitted to review individual examination or evaluation results upon request and take such notes as necessary for the purpose of determining whether to file or pursue a grievance. Item # 7 13 Attachment number 1 \nPage 18 of 57 B. Announcements for competitive exams or evaluation processes will be provided to each City Department for posting at each appropriate work location at least 10 work days prior to the filing deadline. C. The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, will fill such positions by selection from eligible candidates in the unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D.Promotional Lists -- The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional or open competitive examination or evaluation processes shall be placed on the appropriate promotional list. E.Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility lists shall remain eligible for a period of five years from the date of the establishing of the member’s name on the appropriate list. Bargaining unit members appearing on reemployment eligibility lists shall remain eligible for reemployment for a period of one year from the date of separation. F.Removal of Names from Lists -- Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: 1.Appointment through certification from such list to fill a permanent position. 2.Declination of Appointment: Failure to respond to any inquiry of the Human Resources Department regarding availability for appointment. 3.Separation from the City service of an employee on a promotional list. 4.Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible from performing satisfactorily the duties of the position with or without a reasonable accommodation. 5.Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. G.Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment from the appropriate eligibility list, as determined by the Appointing Authority and the Director of Human Resources. Selection criteria shall be developed by the City and reviewed by the Human Resources Department. Such criteria, including relevant qualifications and seniority as described in Article 14, Section 1,B, shall be noted on the job announcement at the time of its posting. Action plans more than two years beyond successful completion shall not be considered as factors in any appointment decision involving an existing employee. An Item # 7 14 Attachment number 1 \nPage 19 of 57 employee who is not selected for promotion shall be afforded, upon request, a meeting with the respective hiring department and/or Human Resources to be provided an explanation of the selection criteria and the manner in which it was applied, and including a review of areas whereby improvement may make such employee better qualified. H.Promotions -- Whenever an employee having regular status successfully competes in an open competitive examination and receives an appointment to a class of a higher level, such appointment shall be considered a promotional appointment. A class of a higher level shall be deemed to be one having a higher maximum rate of pay. I.Order of Certification -- The Human Resources Director shall determine the order of certifications which may be by test score, alphabetically, by special qualification or as otherwise determined appropriate. J.Temporary and Emergency Appointments 1.Whenever there is need of an employee for a temporary period, the Human Resources Director shall certify the names of persons on the appropriate eligibility list in accordance with City Civil Service Rules. The acceptance or refusal by an eligible of a Temporary appointment shall not affect his/her standing on the eligible list. 2.When it is impossible or impracticable to fill a position or when an eligibility list does not currently exist for a position classification, the Appointing Authority and the Human Resources Director may appoint any qualified person to such position via an Emergency Appointment without competitive evaluation in accordance with City Civil Service Rules and Regulations. 3.The Union shall be provided upon request a list of all current Emergency Appointments. K.Probationary Periods 1.All persons initially employed or promoted to, or within, the bargaining unit shall have to serve a probationary period. During the probationary period, management shall observe and review the employee's job performance, attendance, attitude and adherence to Department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. 2.The probationary period shall consist of six consecutive months or the equivalent; provided, however, that the City may extend such probationary periods for up to three additional months. Regular part-time employees shall be required to complete 1040 hours of actual work in a class which has a normal full-time work schedule of 40 hours per week or of completing 975 hours of actual work if employed in a class which has a normal full-time work schedule of 37-1/2 hours per week, provided that in no event shall such regular part-time employee be deemed to have completed a probationary period in less than six calendar months. Item # 7 15 Attachment number 1 \nPage 20 of 57 3.Determination that the employee has not successfully completed the probationary period shall be made by the City. The promotional probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three months; or shall have the right to be returned to the employee’s former position at any time up to five work days following the completion of the employee’s first month probationary performance review; or may be re-assigned subsequent to five work days following the completion of the employee’s first month probationary performance review to another position at the same or lower level for which the employee is determined to be qualified and with no loss of pay from the employee’s position prior to promotion; provided in any case that there is no cause for dismissal. Employees who take advantage of the opportunity to revert to their position held prior to promotion within the requisite time period of up to five work days following the completion of their first month promotional probationary review shall have their annual performance evaluation date returned to the date that was effective prior to the promotion rather than the date of the return to the former position or voluntary demotion. The entrance probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three months, or shall be separated from employment. 4.Time served during a Temporary appointment in the same job class immediately preceding regular employment status shall be credited toward the time required to be served in the probationary period in the same Department and the same division. 5.In the event that an employee is for any reason absent from duty for an accumulated period of scheduled work hours equivalent to more than nine work days prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. 6.If a promotional probationary employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not returned to his/her former position. 7.Any newly hired employee who is separated during or at the end of the expiration of the probationary period, or newly promoted employee who is returned to his/her former position, shall have no right of appeal or grievance relating to such action. Item # 7 16 Attachment number 1 \nPage 21 of 57 L. Job Classification Review An employee, for good and sufficient reasons, may request a review for a change in classification. Such request shall be submitted in writing to the employee’s department director first. The department director shall review the request and send it, with his/her recommendation, to the Human Resources Director for review as to its justification. The Human Resources Director shall review the request and recommend to the City Manager or designee the appropriate action. The decision of the City Manager is final and binding. Section 3.Health & Safety A. The City and the Union will cooperate in establishing a sub-committee of the Labor/Management Committee with the continued objective of eliminating accident and health hazards. This committee will meet on a regular basis and may make written recommendations to the City regarding unsafe conditions or ideas for City safety. The City will consider written recommendations from the committee and will implement solutions to these conditions where practicable or shall appear before the committee or provide a written response as to why said solutions are not practicable. The committee will not be utilized to determine fault or to reach any conclusion or determination regarding potential disciplinary action. B. The City will provide any safety equipment and devices for employees engaged in work where such special devices and equipment are necessary and are specifically required by the City. Employees not utilizing safety equipment which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C. Employees will not suffer any position penalty nor be financially responsible for damage to City property occasioned by accident which is not caused by negligence. D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup rooms with sanitary showers for use by employees, they shall advise the City at a Labor-Management meeting and the City shall initiate a review of the need. E. The City agrees to periodically review the availability of discount programs through third parties for employees who wish to purchase safety equipment not required and provided by the City. F.No employee shall be required to work more than 16 hours in any day, except in an emergency. G. 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 completely 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. Item # 7 17 Attachment number 1 \nPage 22 of 57 Section 4.Paycheck Issuance Paychecks shall be available to be issued to employees at the start of their respective workdays on the same day that the paycheck is dated. Employees may elect to receive the entirety of their pay in 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. Section 5.Communications Employees shall be prohibited from engaging in any form of work-related communication that may be considered compensable during any unpaid hours outside of their scheduled work hours without first obtaining approval from a person of competent authority. This includes the use of City issued cell phones and land-line City work phones, direct-connect communications (push to talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or remote access to the City computer system (including e-mail). Employees shall not use their personal communications devices for non-emergency communications during work hours except for paid breaks and meal periods. Such personal communications shall be of short duration, conducted in a safe manner, and shall not adversely impact operations. Violation of these provisions shall be considered grounds for discipline. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A.Designated Holidays The following days shall be observed as designated holidays for regular full-time and part-time employees. New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Note : Emergency, Temporary, temporary part-time, and other non-regular employees shall not receive holiday pay. 1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. Item # 7 18 Attachment number 1 \nPage 23 of 57 2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non-shift employees. When a City designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as the official holiday for that year for non-shift employees. All designated holiday pay considerations are applicable to the designated holiday. 3. Designated holidays which fall on an employee’s regularly scheduled work day shall count as hours actually worked for the purposes of calculating overtime. The City shall not arbitrarily adjust work schedules to preclude a designated holiday from falling on an employee’s regularly scheduled work day. 4. Employees who are required to work on a designated holiday shall receive time-and-one- half their regular pay for all hours actually worked on the holiday plus holiday pay at the employees’ regular rate of pay. 5. An employee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgment of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for the number of hours he/she would have worked. 6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed must use the holiday on the same day that it is observed. 7. An employee must work or be in a paid status on his/her regularly scheduled work day immediately preceding and on his/her regularly scheduled work day immediately following a holiday to be entitled to any compensation for the holiday. Employees who are absent from work in a non-pay status (such as an employee receiving Workers’ Compensation who has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either their regularly scheduled work day immediately preceding or immediately following the designated holiday shall not be paid for holidays falling within such periods. 8. If an employee calls in sick in accordance with established notification requirements when scheduled to work on a designated holiday, the employee shall receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and shall not be charged sick leave. Pay Procedures for Designated Holidays 9. Procedure when holiday falls on employees scheduled work day and employee a) takes the day off: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday in addition to pay for all hours worked the remainder of the workweek. Item # 7 19 Attachment number 1 \nPage 24 of 57 Procedure when holiday falls on employees scheduled work day and employee b) works part of the day, works the respective normal full work day, or works overtime beyond the respective normal full work day: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and are paid time-and-one-half for hours actually worked on the designated holiday. Procedure when holiday falls on employees regularly scheduled day off: c) Employee may elect to receive holiday pay equivalent to 20% of the employees’ weekly average budgeted hours which will not count as hours actually worked for the purpose of calculating overtime in addition to pay for all hours worked the remainder of the workweek; or may elect to designate as a holiday and not work his/her regularly scheduled work day which immediately precedes or immediately follows the City designated holiday within the same pay week, in which case the employee will receive holiday pay equivalent to the number of hours the employee is scheduled to work on that day, and such hours for holiday pay would count as hours actually worked for the purpose of calculating overtime. B.Floating Holidays In addition to the designated holidays above, employees shall be entitled to up to three floating holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the number of hours the employee is scheduled to work on the floating holiday in addition to pay for all hours worked the remainder of the workweek. Regular part-time employees shall be eligible to receive floating holidays at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. Floating holidays may be utilized in full-day increments only, regardless of the number of hours the employee is scheduled to work on the day the floating holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating overtime. 1. Designated holidays or any day an employee is not scheduled to work may be selected as not a floating holiday. 2. Floating holiday requirements for new hires are as follows: a) No employee may utilize floating holidays until 60 calendar days after his/her date of employment. b) Any bargaining unit member employed between January 1 and March 31 shall receive three floating holidays to be utilized during the calendar year of hire. c) Any bargaining unit member employed between April 1 and June 30 shall receive two floating holidays to be utilized during the calendar year of hire. d) Any bargaining unit member employed between July 1 and September 30 shall receive one floating holiday to be utilized during the calendar year of hire. Item # 7 20 Attachment number 1 \nPage 25 of 57 e) Any bargaining unit member employed on or after October 1 shall not receive any floating holidays during the calendar year of hire. 3.Floating holidays may not be carried over from one calendar year to another and, if not approved and taken by December 15, are forfeited, except that when a Department cannot schedule a floating holiday requested prior to November 15 or cancels a previously scheduled floating holiday due to City work needs, the floating holiday may then be taken within 60 calendar days of the new calendar year. An employee may not request any carryover of floating holiday time. 4.Floating holidays are scheduled at the mutual convenience of the employee and the respective Department. Generally, 48 hours shall be considered reasonable notice for requesting the use of floating holidays. However, the respective Department Director or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. 5.Upon an employee's separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining floating holiday balance, or if retiring may use such balance to advance the date of retirement. Section 2. Vacation A.Vacation Accrual Vacation Accrual for 37.5 Hour Employees Years of Service Biweekly Accrual Vacation Days 0 2.885 0 1* as of anniversary date 2.885 10 2 2.885 10 3 3.173 11 4 3.462 12 5 3.750 13 6 4.039 14 7 4.327 15 8 4.327 15 9 4.327 15 10 4.615 16 11 4.615 16 12 4.904 17 13 5.192 18 14 5.192 18 15 5.481 19 16 and over 5.769 20 Item # 7 21 Attachment number 1 \nPage 26 of 57 Vacation Accrual For 40-Hour Employees Years of Service Biweekly Accrual Vacation Days 0 3.077 0 1* as of anniversary date 3.077 10 2 3.077 10 3 3.385 11 4 3.692 12 5 4.000 13 6 4.308 14 7 4.615 15 8 4.615 15 9 4.615 15 10 4.923 16 11 4.923 16 12 5.231 17 13 5.538 18 14 5.538 18 15 5.846 19 16 and over 6.154 20 B.Maximum amount of vacation leave that may be accumulated is 240 hours. C. The vacation year shall be the payroll calendar year. D.Vacation leave will accrue on a biweekly basis and will be pro-rated according to hours in a paid status and excluding overtime, standby, recall or call back hours, or any hours paid by workers compensation. E.The borrowing or advancing of vacation leave prior to its accrual is prohibited. F.Employees must be employed for six calendar months prior to requesting the use of vacation leave. G.New employees who fail to complete six calendar months of service are not paid for any accrued vacation leave. H.All employees must be granted a minimum of two weeks vacation per calendar year if properly requested by the employee in accordance with Department vacation selection procedures. Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or cancels previously scheduled vacation time due to City work needs. The canceled vacation time must then be taken within 60 calendar days of the scheduled vacation date. No other granting of any carryover of vacation time above the vacation leave cap is permitted. Item # 7 22 Attachment number 1 \nPage 27 of 57 I.A period shall be established for the purpose of vacation selection, known as a vacation pick. This period shall be the first two work weeks in the month of December each year. All employees will have the opportunity to submit their vacation requests for up to the number of hours that the employee currently accrues annually for that calendar year only. Management will review these requests and determine their operational needs and staffing requirements. Management will grant the requests that do not interfere with the operations of the City. However, an employee who is approved for time during the vacation pick process and then does not have accrued vacation hours to cover the time when it arrives may be denied vacation requests exceeding the amount of vacation hours the employee has accrued at the time of the following vacation pick period. If more than one person requests vacation that conflicts with staffing needs of the City, the conflict will be decided on the basis of City seniority, except that an employee who voluntarily changes schedule or shift after the completion of the vacation pick process shall not be given precedence over another employee on the new schedule or shift who has already obtained approval for vacation on the same day. After the end of the vacation pick, any request for vacation shall be based on “first come, first serve.” Seniority of a bargaining unit member shall not be used to revoke vacation leave or other time off for which a department has granted prior approval to another bargaining unit member with less seniority. J.In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. K.Regular part-time employees shall have vacation accrual prorated each payroll period based on the actual hours in a paid status. L.Regular full-time employees who normally work a schedule inconsistent with the 5-day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to subsection A above based on the applicable biweekly schedule. M.Upon separation from the City service, employees shall be paid at their respective current base rate of pay at the time of separation for the unused portion of vacation leave for which they may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to advance the date of retirement. N.If service requirements permit, employees may, with reasonable notice and the approval of their respective Department, use their accrued vacation in increments of tenths of an hour. 48 hours shall be deemed reasonable notice. However, the respective Department Director or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. The application of this paragraph shall not be subject to the grievance procedure. Item # 7 23 Attachment number 1 \nPage 28 of 57 Section 3Sick Leave . A. Sick Leave Accrual 1.Employees shall accrue sick leave each payroll period prorated based on regular hours in a paid status and excluding overtime, standby, recall or call back hours, and any hours paid by workers compensation. Employees assigned to a 40-hour work week shall accrue 3.693 hours of sick leave on a biweekly payroll basis. Employees assigned to a 37.5 hour work week shall accrue 3.462 hours of sick leave on a biweekly payroll basis. Note: Employees earn 12 days per payroll calendar year. 2.Regular part-time employees shall be eligible to receive sick leave at a prorated amount based on hours in a paid status in accordance with the above. B. Sick Leave Accrual Caps Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours. Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another Department or classification with the same hourly work week. 3. Sick leave balances are converted to equivalent days if an employee changes classification to that with a different hourly work week (i.e., 40-hour work week to 37-1/2 hour work week and vise versa). 4. No sick leave balances are restored after a break in service. An employee will have a break in service if the employee is rehired by the City six months after the date of resignation or retirement or one year after a layoff. Authorized leaves of absence, suspensions, reinstatements after disability retirement or dismissal, and layoffs of less than one year will be counted as continuous service and shall not be a break in service. D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of tenths of an hour. Item # 7 24 Attachment number 1 \nPage 29 of 57 E. Authorized Use of Sick Leave Sick Leave usage shall be authorized for the following absences: 1.Due to personal illness or physical incapacity. 2.Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3.Due to dental appointments, physical examinations, or other personal sickness prevention measures. 4.Due to illness of a member of the employee’s immediate family that requires the employee’s personal care and attention. “Immediate family” shall mean parents, step-parents, children, step-children, grandparents, grandchildren, brothers, sisters, present spouse of the employee and the “immediate family” of the employee’s spouse, or other family member living in the employee’s immediate household. Employees found to be utilizing Sick Leave for any reason other than those stated above shall be subject to disciplinary action up to and including termination. Employees shall be authorized to use Sick Leave as it is accrued. Employees’ requests for sick leave to be used for doctor’s appointments shall be submitted with at least 24-hour notice, except the requirement shall be waived where the employees is able to demonstrate to his/her department director an emergency exists. The employees’ respective department reserves the right to not approve such requests when advance notice is not provided or the employees’ absence will adversely affect operations. Employees shall be required to notify their immediate supervisor or management representative to request approval for sick leave each day that they are absent, except that an employee who has been approved for a continuous FMLA absence only shall be required to comply with the reporting procedures outlined in the City’s FMLA Policy instead. Such notification requests shall be provided through personal contact, except where the employee is able to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City authority shall result in any such time being considered an unauthorized absence and in the denial of paid sick leave. Employees may voluntarily submit acceptable evidence such as a certificate from a medical doctor to substantiate the reason for requesting Sick Leave, or they may be required to do so when requested by their respective department director if he/she has reason to question the legitimacy of the absence. A valid doctor’s certificate shall be a written, typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is authorized to return to work, any conditions or limitations imposed by the doctor, and the signature of the doctor or his/her designee. The City reserves the right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick Leave. Item # 7 25 Attachment number 1 \nPage 30 of 57 When an employee has a documented serious health condition, the City shall provide the employee with Family and Medical Leave Act request forms to be completed by the employee’s physician, which may be used to authorize use of Sick Leave in accordance with the terms of the Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the requirement to provide a doctor’s certificate for one initial continuous absence only. Employees who utilize sick leave may be required to undergo fitness for duty or maximum physical capacity examination in order to determine the employee’s ability to return to work in the same job classification or whether the employee may require a reassignment upon return to work. All such leaves shall be administered in accordance with the Family Medical Leave Act where applicable. F. Payment for Unused Sick Leave 1. Upon separation from the City service, an employee shall be paid for one-half of his/her accumulated unused sick leave up to a maximum payout of 520 hours for employees with a 1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of sick leave to advance the date of retirement. The rate of payment shall be based on the current base hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than 40 hours per week. 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 payment will be made provided: a) The employee is retiring on City Pension. OR b) The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs. OR c) The employee’s estate shall receive payment if an employee dies. OR d)The employee is eligible to retire under Federal Social Security and has a minimum of five years of service. 2. An employee who has been dismissed for cause shall have no claim for sick leave payment. Item # 7 26 Attachment number 1 \nPage 31 of 57 G. Injury from Other Employment 1. An employee may not utilize accumulated sick leave 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 face disciplinary action up to and including termination. H. Use of Leave After Accrual 1. Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. I. Bonus Leave Days 1. Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, and has no unexcused absences and no more than two incidents of unexcused tardiness, the employee will be awarded bonus leave days in accordance with the following chart. Time charged to sick leave in conjunction with funeral leave shall not be counted toward the eligibility for bonus leave days. Bonus leave days must be used in the next payroll calendar year. Amount of Sick Leave Used Bonus Days Awarded Less than one standard work day 2 One standard work day up to 1 two standard work days a) A payroll calendar year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck date in the calendar year. The City agrees, when practicable, to provide notice of the date of the beginning of the payroll calendar year and the date of the end of the payroll calendar year on employees’ paycheck advice statements prior to the respective payroll period in which such dates occur. b) Bonus days are not included in overtime calculations. c) Upon an employee’s separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining sick leave bonus day balance, or if retiring may use such balance to advance the date of retirement. Item # 7 27 Attachment number 1 \nPage 32 of 57 J. Sick Leave Pool 1. A leave pool will be established by members of the bargaining unit subject to the following provisions: a) 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 as defined in this section. 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 15 work days. b) A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. i) The committee shall consist of three active employee members designated by the Union and one non-voting management employee designated by the City Manager or City Manager’s designee, who shall provide administrative oversight and ensure compliance with the terms of the established policy and this Agreement. ii) 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 leave time up to an established maximum number of days that may be provided to employees. iii) The committee may establish procedures, forms and other rules necessary for its effective operation, provided they are consistent with the provisions of this section and subject to the approval of the City Manager or his/her designee. iv) The committee’s decisions are final and are not subject to the grievance procedure. Bargaining unit members may donate days one time per year from their vacation leave, floating holiday, or sick leave balances at 100% value. c) No employee shall be permitted to donate more than four days of leave per year to the pool, unless authorized by the City Manager. d) In the event that the leave pool balance becomes lower than 100 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. e) All donations of pool leave time must be in full-day increments based on the full-time, regularly scheduled day for the employee’s respective job classification (i.e., an 8-hour or 10-hour day is a full day). f) Donations of pool leave time are irrevocable. Item # 7 28 Attachment number 1 \nPage 33 of 57 g) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day-for-day. h) 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 the number of hours used each day. Each day or portion thereof shall be counted as one day. Bargaining unit members shall be eligible to be granted up to a maximum of 30 work days or portions thereof within a 12 month period counting backwards from the time of the most recent leave pool request. i.) 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.). Pay for authorized pool days shall not be granted for the first 15 work days of the absence necessitating leave from the pool. After 15 work days of such absence, the employee shall be eligible to be paid retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her regular pay for any remaining pool days authorized. j.)Pool leave time granted and not used in a given year by the employee receiving the donated pool leave time shall remain with the leave pool and be carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A. Employees shall be allowed up to four consecutive scheduled work days at any one time for funeral leave to make arrangements for and attend a funeral or memorial service with no loss of pay and no charge against sick leave time in the event of death in the “immediate” family. “Immediate” family shall be defined as the employee’s spouse, or the employee’s or employee’s spouse’s child, parent, grandparent, grandchild, brother, sister, stepparent, and stepchild. B. Employees shall be allowed up to four consecutive scheduled work days at any one time, chargeable to sick leave, to make arrangements for and attend the funeral or memorial service in the event of death in the “extended” family. The term "extended family" as used in this paragraph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daughter-in-law, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or other members of the immediate household. It shall also include any blood relative of the employee living in the employee's household. C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the above. However, such days shall be paid at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. Item # 7 29 Attachment number 1 \nPage 34 of 57 D. In the event that extenuating circumstances should necessitate an absence longer than four consecutive scheduled work days to accomplish the purpose for which this section is designed, the employee's department head, with the prior approval of the City Manager or designee, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be submitted in form and substance suitable to the department head and the City Manager or designee. Compensation for approved additional days shall be chargeable to sick leave. To be eligible for funeral leave under either section, the employee must attend the funeral or memorial service. The City reserves the right to require documentation substantiating the request for funeral leave when such requests exceed two in a twelve month period, or when the City has a reasonable basis to contest the legitimacy of such requests. Authorized documentation for such purposes shall include but not be limited to a certificate of death, obituary notice, memorial card, note from the attending clergy, or documents verifying travel. Employees who request more than two funeral leaves in a twelve month period shall be notified upon approval of any additional funeral leave of the necessity to provide documentation to their respective department on their return to work for the duration of the twelve month period. E. Time Off to Attend Funerals on Personal Basis 1. Employees who wish to attend a funeral of a City employee or official or the family member of such employee or official may request to utilize accrued vacation time, floating holiday time, sick leave incentive day time, or may request to adjust their work hours within the same workweek. Such requests may be made to the respective Division Head or Department Director and may be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. 2. An employee attending a funeral while using vacation time, floating holiday time, sick leave incentive day time, or time off without pay is doing so on a personal basis and is not recognized as a “City representative.” If the employee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted. 3. Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article 8, Section 4. However, such employees are deemed off duty while on funeral leave. Section 5Line-of-Duty Injury . A. The term line-of-duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the employee from performing his/her job because of the injury. The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to payment of any compensation. Item # 7 30 Attachment number 1 \nPage 35 of 57 B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount permitted to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall allow the use of accrued sick leave up to the amount necessary, when combined with the workers compensation payment, to equal the employee's base pay. Any adjustment to pay under this policy will be made following the employee's return to work or at the expiration of the period for which Workers’ Compensation payments are provided under state law. C.Should an employee become unable to perform the essential functions of his/her job due to an on-the-job injury, the employee shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he/she is demoted or transferred and provided further that he/she is capable of performing the essential functions of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the essential functions of the position he/she seeks to fill. D. An employee with less than 12 months employment who is injured on the job and is eligible for Workers’ Compensation will not be charged sick leave for any medical appointments which occur during scheduled work hours and have been approved by Risk Management. E. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the Workers’ Compensation Law. Section 6. Military Leave A. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the employee's regularly scheduled work days up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time in excess of 240 hours per calendar year shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted to the Department Director immediately upon receipt. B. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided in Paragraph A above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. When practicable as determined by the City, and upon the request of the employee, the City will adjust the employee’s schedule in order to accommodate participation in military duty training so that such training occurs on the employee’s days off. C. When emergency conditions occur as determined by the City, bargaining unit employees who are called up to active military duty shall be provided the same rights and benefits afforded to other City employees pursuant to established City policies or guidelines in effect at the time such conditions exist. Item # 7 31 Attachment number 1 \nPage 36 of 57 Section 7. Jury Duty and Court Time A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty or in court when subpoenaed as a witness that fall during the employee's scheduled working hours only. 2. If the time interval between the end of the employee's most recently worked shift and the reporting time of the jury summons is less than eight hours, the employee's work schedule will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty. Although not mandatory, management will give consideration to employees to have the ability to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. Hours worked on jury duty or in court which are compensated under the provisions of this Article shall not count as hours worked for overtime pay purposes. 4.If an employee is excused or released by the Court before the end of his/her scheduled work day, he/she must promptly return to work. 5.An employee must bring written evidence of jury duty service or court appearance before compensation is approved. 6.As soon as an employee learns of selection for jury duty or court appearance, he/she must notify the appropriate supervisor so that arrangements may be made for his/her absence from work. 7.In the event a holiday shall occur during the period of the employee's jury duty or court appearance, the employee shall receive pay for such holiday in accordance with this agreement. 8.Leave with pay shall be granted for an employee subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. Section 8. Administrative Leave The City Manager may at his/her discretion grant employees administrative leave with pay for their normal work shift or balance thereof when circumstances dictate that they be relieved from duty because their services are determined to be non-essential. Employees whose services are determined to be essential and are required to work under such circumstances shall be compensated at the rate of one-half times their regular hourly rate of pay in addition to any other compensation due for all hours actually worked when other employees City-wide or in the same work unit have been released on administrative leave. Item # 7 32 Attachment number 1 \nPage 37 of 57 If the employee is required to work a shift which is less than the employee’s regular shift, the employee shall be paid in accordance with the above for all hours actually worked, and shall be granted administrative leave with pay for the remaining hours making up the employee’s regular shift. All hours actually worked shall be counted as such for the purpose of computing overtime. Scheduled administrative leave with pay shall not be considered as hours worked for the purpose of computing overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the purpose of computing overtime. At least forty eight hours notice shall be considered scheduled. Employees who are on previously approved leave are not eligible for administrative leave with pay. Section 9. Leaves of Absence Without Pay A. Employees are allowed to take a leave of absence without pay up to six months, if approved by the City Manager or designee, following the expiration of all paid leave balances. B. Upon expiration of an employee's accumulated paid leave and Family and Medical Leave when applicable, if the employee is unable to return to work, upon written request and when supported by medical documentation, a leave of absence without pay for not more than one month shall be granted for the employee's continuing personal illness, at which time the case will be reviewed by the City Manager or designee for consideration of an extension of time, if necessary, and if requested by the employee. C. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and given the same position or substantially similar position without loss of salary or benefits. D. There will be no accrual of benefits or seniority during such leave. During a leave of absence without pay or any other non-paid leave or no-pay status of an employee exceeding two weeks, the employee, if he/she desires to continue hospitalization coverage for themselves and dependents, must pay the required premiums to the City. Failure to pay for such continuation shall result in the loss of coverage. Section 10. Other Time Off An employee shall or may be granted necessary time off from his/her duties with compensation for any of the following reasons: A. For pre-induction physical examination when so ordered by a Selective Service Board. Time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two regularly scheduled work days. B. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager or designee, may be expected to contribute to the betterment of the City service. Item # 7 33 Attachment number 1 \nPage 38 of 57 C. Attendance at in-service training and other in-service meetings or programs sponsored by the City when, in the opinion of the City Manager or designee, such meetings or programs are designed to improve the City services and/or the employee's performance or to prepare him/her for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings and City-sponsored volunteer programs. D. An employee may be permitted to adjust his/her schedule within a specific workweek, or may be permitted to utilize paid leave, or may be granted time off without compensation upon the expiration of all paid leave for attendance at meetings other than those specified in the subsections above, or to attend urgent personal business, provided that such employee shall request approval from his/her department head in sufficient time to permit the latter to make arrangements therefore, and further provided that such time off will not seriously affect the efficient operation of the Department. E. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. Section 11. Union Time A. Union members shall be allowed time off with pay to attend an officially called conference, convention, or school not to exceed a total of 400 hours per year (inclusive for all Union members), with the approval of the affected Department Director, provided that no less than one week’s notice is provided. In addition, the five active employee Union members for whom the City funds the registration costs to attend the Florida Labor Management Conference or a similar labor-management conference in accordance with Article 5 of this Agreement shall be granted time off with pay and no charge to the Union hours above. B. Additional time off without pay for Union activity will be granted with the approval of the Department Director and such excused time will not exceed one week at a time. C. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. D. Union time off does not count as hours worked for the purposes of calculating overtime. E. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. The City reserves the right to not approve such leave requests if in its discretion it determines the absence of the Union representative will create an adverse impact to operations. The Union shall have the right to select the number of representatives authorized by the City to participate on the Union’s behalf on City-initiated committees, and shall notify the City in writing of the names of those members selected by the Union. The Union may select a substitute to replace an absent member on a City committee with the prior permission of the substitute Union member’s respective Department Director or designee. The Union local president may participate as the Union representative on any committees. Item # 7 34 Attachment number 1 \nPage 39 of 57 The Union shall coordinate its choice of representatives so that no single work group or division will be adversely affected. Union time off with pay shall be provided for up to five Union Executive Board members (excluding a note taker) for contract negotiations and labor management committee meetings. F. The executive board of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two hours at straight time. Section 12. Maternity/Paternity/Child Care Leave Maternity/Paternity/child care with or without pay to enable a parent to care for a newborn, newly adopted, or seriously ill child may be granted to an employee, upon request and documentation of need, for a period of up to twelve weeks in conjunction with leave authorized in accordance with the Family and Medical Leave Act, provided, however, that if both parents are employees of the City, only one parent at a time may take such leave. Section 13. Alternate Duty & Return to Work A. Employees who are physically unable to perform their designated jobs, with or without reasonable accommodation in accordance with applicable law, may be assigned to alternate or modified duty at the discretion of the City and in accordance with the skills, abilities, and qualifications of the employee, any medical or physical restrictions placed upon the employee, and the availability of work. Such duty assignments shall be afforded in increments of up to 30 calendar days and shall be limited to a maximum of 180 calendar days total. The employee’s ability to return to his/her designated position and the continued availability of the alternate or modified duty work shall be evaluated at each 30-day interval. Requests for alternate or modified duty work shall be submitted on the appropriate forms to the Human Resources Department. Employees designated for alternate or modified duty assignment shall be required to notify Human Resources of any changes in their condition that may impact their ability to perform the alternate or modified duty assignment or that may allow the employee to return to full-duty in his/her designated position. B. An employee may be absent from his/her designated position for a maximum of twelve weeks or sixty work days in a twelve month period, exclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request. This timeframe shall include any paid or unpaid absence (to include leave time granted from the sick leave pool), absence due to job-connected or non-job-connected injury or illness, or time served working in an alternate or modified-duty position. An employee who is unable to perform the essential functions of his/her designated position, with or without reasonable accommodation in accordance with applicable law, for more than twelve weeks or sixty work days in a twelve month period exclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request shall be required to accept alternate employment with the City in another job classification for which he/she is deemed by the City to be qualified and able to perform the essential functions, with or without reasonable accommodation in accordance with applicable law, or shall be subject to layoff. Item # 7 35 Attachment number 1 \nPage 40 of 57 An employee who is laid off pursuant to this provision shall be placed on the re-employment eligibility list for his/her designated job classification and any other job classification of a lower level in which the employee has previously served or for which the employee is deemed by the City to be qualified. ARTICLE 9 WAGES & COMPENSATION Section 1. Salary (See Appendix for listing of pay grades assigned to represented job classifications) A.Pay Range minimums and maximums for all classifications represented by the bargaining unit will not be adjusted for the period from October 1, 2011 through September 30, 2012. Pay Range minimums and maximums for all classifications represented by the bargaining unit will be adjusted by 2% effective October 1, 2012. Pay Range minimums and maximums for all classifications represented by the bargaining unit will be adjusted by 2% effective October 1, 2013. Effective from October 1, 2011 to September 30, 2014, 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. Pay due in accordance with the above provisions for the period retroactive to October 1, 2011 shall be paid as a lump sum and shall be calculated by multiplying 2.5% times the respective employee’s gross wages from the date of the employee’s respective annual performance evaluation to the first day of the payroll period immediately following the date3 of approval of the agreement by the City Council. B. 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. Item # 7 36 Attachment number 1 \nPage 41 of 57 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. Section 2. Overtime A.All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only work overtime hours as directed or permitted by managerial personnel. Sick leave, vacation, and other time not worked except designated City holidays and floating holidays shall not count as hours worked for overtime purposes. B.Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime assignments to perform work applicable to the CWA bargaining unit to available and qualified members of the bargaining unit prior to offering such assignments to non-bargaining unit personnel. C.Any full-time employee who is required to work two consecutive full shifts in a twenty-four hour period will be provided $10.00 for meal money. Section 3. Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. Extended Time Monday –Friday Saturday & Sunday During Holidays $30 Per Night $35 Per Day $40 Per Day Item # 7 37 Attachment number 1 \nPage 42 of 57 Daily 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 what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48-hour period). Extended Time During Designated Holidays shall apply when an employee assigned to standby continues in standby assignment for an 8- hour extended period for a designated holiday. In addition to the above amounts, an employee who is called out to work while on Standby duty shall be credited with one hour work time or the actual hours worked during the entire Standby period, whichever is greater. An employee assigned to Standby who receives a work-related phone call during the Standby period and who conducts City business without being called out to work shall be credited with one-tenth of an hour or the actual amount of time of the phone call, whichever is greater, for each such phone call received. B.Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the employee's normal work day and returns to work, or if an employee is called back to perform needed work after the employee’s regular shift ends and the employee has already left the job, or if an employee is called in to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked, the employee shall be credited with two hours work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports on-duty, and ceases when he/she reports off-duty. C. Time beyond an employee’s regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee’s regular non-workday(s) shall not be subject to any minimum guarantee pay or hours. However, all time worked shall be credited toward hours worked for regular and overtime pay purposes. D. Employees shall not be assigned to standby duty if excused in advance by managerial personnel, and in all cases the Department will seek volunteers prior to assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability to report timely, and employees not meeting said requirements may not volunteer for such standby. E. Any employee assigned to standby and who, during the period of such standby assignment, is not readily available as required or who is or becomes unable to perform his/her work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his/her supervisor shall not be subject to discipline. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. Item # 7 38 Attachment number 1 \nPage 43 of 57 Section 4. Shift Differential Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 5% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 7% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM, regardless of the starting or ending time of the employee's shift. Section 5. Acting Pay An employee who is assigned to work in an “acting” capacity in a higher level classification for more than 10 consecutive work days shall receive acting pay retroactive to the day the acting assignment began. The amount of pay shall be 5% higher than the employee’s current base rate of pay. Driver Pay: Employees assigned to the classification of Solid Waste Worker in the Solid Waste Department will continue to receive “driver pay” for each day succeeding the 20 th cumulative day the employee has substituted as a driver. The rate is $15.00 per day. Section 6.Training Differential Employees who are required to provide formal training to other employees outside of what is considered the normal scope of their job duties, and who are designated “Trainers” with an established curriculum as determined by the Department Director, will receive 5% above their normal base pay for any hours they are assigned to act as trainers in a formal training capacity. Section 7Leadworker Assignment and Pay . A Department Director, with the prior approval of the City Manager or his/her designee, may assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve the best interest of the City. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the Department Director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate responsibility for group performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing 5% above his/her current base rate of pay. Item # 7 39 Attachment number 1 \nPage 44 of 57 Leadworker assignments may be authorized for intervals up to one year in duration, or may be authorized for shorter intervals at the discretion of the respective Department Director. If an employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be rotated to another employee deemed by the respective department to be qualified for the assignment. If no other employees are interested or deemed qualified, an employee may be assigned Leadworker for consecutive one-year intervals. Section 8. Assignment Pay Differential A.A Department Director may, at his/her discretion and with the approval of the City Manager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay Differential when the duties of the position differ from others in the same classification in their difficulty, complexity, responsibility, or hazardous nature to the extent that additional compensation is deemed warranted. Assignments to positions may be on a rotational basis, or may be offered to employees in the respective classification based upon City seniority, however the Department Director shall have the right to remove any employee from such assignment in conjunction with a development plan if performance is deemed unsatisfactory. B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete two full routes on one work day during a work week that pickups are limited by a City designated Holiday shall receive a premium pay equivalent to four hours of pay based on the employee’s base rate of pay. Such premium pay shall not constitute hours worked or to be accumulated toward the calculation of overtime. Section 9. Uniforms and Rain Gear A.The City agrees to provide each full-time employee who is required to wear a uniform with an initial issue of five uniforms. Permanent part-time employees who are required to wear a uniform shall be issued a pro-rated number as determined necessary by the hiring department based on scheduled hours/days of work per week. The City shall determine the manner of procurement and style of uniforms to be worn. The City agrees to provide cotton blend uniforms of at least 35% cotton to employees who are required to wear uniforms. The employee agrees to launder the uniforms. The employee will be issued a replacement for each uniform that becomes torn or tattered as the result of normal wear and tear, but not for a uniform that has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. B.The City will provide an allowance of up to $125.00 based upon demonstrated need for the purchase of safety shoes for each employee who is required to wear such. The City shall have the authority to designate additional job classifications as eligible for the allowance. Employees who request safety shoes and are denied such by their department may have the decision reviewed by the City Manager or his/her designee by submitting a written request within 10 work days of the department’s decision. The decision of the City Manager or designee shall be final and binding and not subject to arbitration. Item # 7 40 Attachment number 1 \nPage 45 of 57 The City shall determine the manner of procurement to be afforded all affected employees, and shall have the right of approval in determining types of shoes which are acceptable. Employees shall provide worn or unserviceable safety shoes to their respective department for inspection in order to obtain authorization for replacement. Employees may be permitted to keep such worn shoes after inspection at the discretion of their respective departments. C.The City will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job classification. D. All uniforms and equipment provided by the City shall be issued and accounted for in accordance with I.R.S. regulations governing same. Section 10. Certification Pay A. City fleet service mechanics who obtain and maintain job-related ASE certifications in accordance with standards established by the City shall receive $.50 per hour in addition to the employees’ base rate of pay for each such certification obtained and maintained up to a maximum of seven such certifications. City fleet service mechanics who obtain and maintain the required ASE certifications constituting the designation of ASE Master in a City authorized module of study shall receive $5.00 per hour in addition to the employees’ base rate of pay in lieu of the individual certification pays described above. The City agrees to pay the cost of the training and examination process for each certification the first time employees attend such only. The City reserves the right to determine the appropriate certifications that will be entitled to the additional compensation. B. The classifications of Marine Lifeguard, Senior Marine Lifeguard, and Water Safety Supervisor shall be eligible for a 5% certification pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of a valid State of Florida Emergency Medical Technician certification. C. The classification of Building Construction Inspector shall be eligible for a 4% licensure pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid inspector license offered by the State of Florida Building Code Administrators and Inspectors Board over and above the first such license required as a minimum qualification requirement. Additional differentials shall be calculated cumulative and not compounding (i.e., 8%, 12%, 16%, etc.). The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by his/her department to utilize such license at any time during the payroll period. Item # 7 41 Attachment number 1 \nPage 46 of 57 Section 11. Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when it can be verified such tools are broken on the job or when such tools are stolen from the job site and a police report confirming the theft is given to management. Employees shall be required to report the breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair. Section 12. Training and Career Development Workshops Employees will be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for the time the employee attends training and career development workshops. Section 13. Travel and Mileage Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for work related travel time. All employees who drive their own vehicle for City business will be paid upon request reimbursement in accordance with City policy for any mileage traveled at the rate set by the Internal Revenue Service. Section 14. Commercial Driver's License A.Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cannot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in his/her job classification because of his/her failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a position not requiring the CDL shall result in the layoff of the employee. B. The City will reimburse regular, non-probationary employees for the cost of any CDL and endorsements required by the City, including any fees associated with obtaining such license or endorsements, provided the employee has submitted evidence of possession of the CDL in good standing along with a receipt identifying the costs incurred, and has not had any in-service vehicle accident or moving traffic violations since his/her last license was issued. Section 15. Parking The City will make an effort to provide parking for all employees. Item # 7 42 Attachment number 1 \nPage 47 of 57 Section 16. Tuition Reimbursement Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of $650 per year for each fiscal year of this Agreement. ARTICLE 10 INSURANCE Section 1 . The City agrees to meet with the CWA representatives as necessary to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the CWA with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CWA to obtain pertinent information from the present carrier. Section 2. 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 Commission. The City and Union agree to maintain a Benefits Committee recommendation process culminating in final action by the City medical insurance premiums for employees and their dependents for the Commission to determine 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. Section 3 . The City shall pay the premiums for group life insurance for all bargaining unit members equivalent to one-and-one-half times the respective employee’s annual base rate of pay, up to a maximum of $50,000 coverage. Section 4. Unemployment Insurance : The City shall participate in and provide employees with unemployment insurance as provided by law. Section 5Workers' Compensation Insurance . : The City shall participate in and provide employees with Workers' Compensation Insurance as provided by law. Section 6Social Security Insurance . : The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City retirement program. Item # 7 43 Attachment number 1 \nPage 48 of 57 Section 7Liability Insurance: . The City shall provide legal counsel to assist in the defense of any claim against any member of the bargaining unit, where the claim results from the employee's employment with the City and where the employee is acting within the scope of his/her employment, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indemnify, pay or insure any claim other than an intentional tort. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee shall be disciplined except for just cause. Section 2. The City and the Union will continually review the Performance & Behavior Management Program (PBMP) at mutually convenient time periods in a cooperative manner. Section 3. Whenever the City or the Union proposes to amend any policy affecting the discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the City shall meet to reach consensus on any proposed changes. Section 4. Development plans designed to address employees’ performance or behavior which does not meet established standards or expectations may be initially implemented for a period from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of successfully completed development plans. ARTICLE 12 DRUG AND ALCOHOL POLICY The City’s policy is intended to conform to the Drug Free Work Place Act and to be in compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug. Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited. Section 2. All bargaining unit employees will be fully informed of the employer's for cause 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. Unit supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. Item # 7 44 Attachment number 1 \nPage 49 of 57 Section 3. Annual Physical Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physical examination. Section 4. Citys Drug and Alcohol Program Policy 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 at least 30 calendar days 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. ARTICLE 13 RETIREMENT Section 1 . The City agrees to send announcements of regularly scheduled meetings of the Board of Trustees of the Employees' Retirement System to the President of the Union. Section 2 . A spokesman for the Union shall have the right to present the Union's views regarding the employees' retirement system either orally or in writing to the Advisory Committee of the Board of Trustees. Section 3. Notification of any change of benefits in the Employees' General Pension Plan shall be given to the employees 60 days prior to any action taken. Section 4 . The parties agree to bargain 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. Section 5. Vacation and Bonus to be Credited Toward Retirement A. Vacation Accumulation The amount of vacation accumulation shall not exceed 240 hours for the purpose of early retirement. Item # 7 45 Attachment number 1 \nPage 50 of 57 B. Special Bonus Days After 20 Years Upon the completion of a total of 20 years (consecutive) service with the City, an employee who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating credit toward the awarding of bonus days for the purpose of early retirement or a cash settlement only at the time of retirement which shall not exceed a total of 15 working days. No bonus days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule for the accumulation of bonus days shall be as follows: Upon completion of 21 years service Accumulate 1 day Upon completion of 22 years service Accumulate 2 additional days Upon completion of 23 years service Accumulate 3 additional days Upon completion of 24 years service Accumulate 4 additional days Upon completion of 25 years service Accumulate 5 additional days Number of days which may be 15 days total accumulated Section 6 . Any sick leave charged to an employee’s sick leave balance after May 10, 1998 as the result of a line-of-duty injury shall be added back to the employee’s sick leave balance up to the employee’s respective sick leave cap at the time of retirement. This relates only to injuries and re- injuries wherein wages are compensable under Workers' Compensation. Section 7 . During the advancing of the retirement date through the use of sick leave, bonus days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but not limited to vacation leave, sick leave, insurance premiums, holidays, workers’ compensation, salary increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1.Seniority A. Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. B.After successful completion of the initial probationary period, which is six months, seniority will revert to the date of employment. Seniority shall be used as a factor in consideration for promotion. When skills and qualifications are substantially equal, seniority shall prevail. Item # 7 46 Attachment number 1 \nPage 51 of 57 C.Employees shall lose their seniority only as a result of the following: 1.Voluntary termination. 2.Retirement. 3.Termination for Cause. 4.Failure to return from military leave within the time limit prescribed by law. D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation, days off, differential payments or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. Section 2. Layoffs A.An employee may be laid off by the City Manager in the manner herein provided when there is lack of work or funds, abolition of either full-time or part-time position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non- regular status employees serving in the same class. B.When the need arises for laying off either full-time or part-time regular employees in any department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be determined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. When other qualifications are substantially equal, City seniority will govern. When City seniority is the same, time in classification will govern. When City seniority and time in classification are the same, the order of layoff shall be determined by a coin toss. When determining the order of layoff for part- time employees, City seniority shall be defined by the number of completed continuous service hours. C. An employee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to his/her current classification. If a vacant position exists within such employee’s prior classification, the employee will be assigned to the vacant position. If no vacant position exists within such employee’s prior classification, and 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. The provisions of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that he/she is physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. D. Names of regular employees who are laid off shall be placed on the re-employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. An employee who is eligible to have his/her name placed on a re-employment list may, on written request and with the approval of the Human Resources Director and the City Manager or designee, have his/her name also placed on re-employment lists for the same or Item # 7 47 Attachment number 1 \nPage 52 of 57 lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of City seniority. ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the 1st day of October, 2011 and shall continue in full force and effect until September 30, 2014. 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 its 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _________ day of _______________________________, 2012. CITY OF CLEARWATER ATTEST: ______________________________ ____________________________________ 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 COMMUNICATIONS WORKERS WITNESSES: OF AMERICA ______________________________ ________________________________ Marie Malliet, CWA Representative ______________________________ ______________________________ ________________________________ Stephen C. Sarnoff, President, Local 3179 ______________________________ Item # 7 48 Attachment number 1 \nPage 53 of 57 Item # 7 Attachment number 1 \nPage 54 of 57 Item # 7 Attachment number 1 \nPage 55 of 57 Item # 7 Attachment number 1 \nPage 56 of 57 Item # 7 Attachment number 1 \nPage 57 of 57 Item # 7 v Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Officers bargaining unit will expire on September 30, 2012. City management staff and representatives of the Fraternal Order of Police Officers unit began discussions in November of 2011 regarding a new collective bargaining agreement in conjunction with negotiations over proposed changes to the City Pension Plan. On December 6, 2011, the parties reached a tentative agreement for a new contract as part of a package deal that included the proposed Pension Plan changes. The bargaining agreement and proposed Pension Plan changes were subsequently submitted by the Union to its bargaining unit, which ratified the agreement by a vote of 111 to 1 on December 13, 2011. The agreement is a three-year contract, providing for no general wage increase but allowing instead for merit step increase advancement only in the first year and in the third year, and providing for a 2.5% across-the-board general wage increase with no step advancement in the second year. The agreement also precludes the City from contracting with another entity to supplant or displace any budgeted positions currently represented within the bargaining unit for the duration of the agreement. There are no other significant changes to the existing contract language. Costs will be included in the proposed budgets for each year of the agreement. The costs associated with the implementation of this agreement are anticipated to be approximately as follows: Fiscal Year 2012/2013 (Steps only): $181,000 Fiscal Year 2013/2014 (GWI only): $323,400 Fiscal Year 2014/2015 (Steps only): $185,000 TOTAL: $689,400 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 8 Attachment number 1 \nPage 1 of 55 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT 2012  2013 2013  2014 2014  2015 Item # 8 Attachment number 1 \nPage 2 of 55 Item # 8 Attachment number 1 \nPage 3 of 55 ARTICLE # TITLE PAGE # Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreement ..................................................... 1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties ............................................................................. 3 Officers Bill of Rights ................................................................................... 3 City’s Management Rights ............................................................................ 4 Union Rights .................................................................................................. 4 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 7 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 10 Article 7 Personnel Practices .......................................................................11 Police Officers’ Duties ................................................................................ 11 Special Duty Call Out .................................................................................. 11 Off-Duty Calls ............................................................................................. 11 Probationary Periods ................................................................................... 12 Promotional Procedures ............................................................................. 13 Establishment and Duration of Eligibility Lists ...................................... 14 Removal of Names from Eligibility Lists ................................................. 14 Appointments............................................................................................... 15 Productivity .................................................................................................. 15 Training ......................................................................................................... 15 Personnel Records ....................................................................................... 16 Residency Requirements ............................................................................. 16 Tobacco Product Usage .............................................................................. 16 Seat Belts and Safety Gear .......................................................................... 17 Off-Duty Concealed Weapons .................................................................. 17 Physical Examinations, Inoculations, and Fitness .................................. 18 Outside Employment .................................................................................. 18 Legal Protection ........................................................................................... 19 Copies of Municipal Code .......................................................................... 19 Paycheck Issuance ....................................................................................... 19 Item # 8 Attachment number 1 \nPage 4 of 55 ARTICLE # TITLE PAGE # Article 8 Leaves of Absence ........................................................................ 20 Designated Holidays .................................................................................... 20 Floating Holidays ......................................................................................... 20 Vacation ........................................................................................................ 23 Sick Leave ..................................................................................................... 24 Bonus Leave Days ....................................................................................... 27 Leave Pool .................................................................................................... 27 Funeral Leave ............................................................................................... 29 Military Leave ............................................................................................... 29 Time Off ....................................................................................................... 32 Leave Without Pay ...................................................................................... 33 Article 9 Wages & Compensation ............................................................... 34 Wages ............................................................................................................ 34 Overtime ....................................................................................................... 36 Compensatory Time .................................................................................... 37 Shift Differential .......................................................................................... 37 Standby .......................................................................................................... 37 Recall ............................................................................................................. 38 Acting Pay ..................................................................................................... 38 Job Assignment Pay .................................................................................... 38 Canine Officers ............................................................................................ 39 Court Attendance and Standby .................................................................. 40 Line-of-Duty Injury ..................................................................................... 41 Uniform Allowance ..................................................................................... 43 Tuition Refund ............................................................................................. 43 Article 10 Insurance ...................................................................................... 43 Article 11 Performance & Discipline ............................................................ 44 Article 12 Drug & Alcohol Policy ................................................................. 45 Article 13 Retirement .................................................................................... 46 Article 14 Seniority, Layoff, and Recall ........................................................ 47 Article 15 Duration, Modification, & Termination ...................................... 49 Appendix A Pay Schedules ..................................................................................i Item # 8 Attachment number 1 \nPage 5 of 55 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 239, dated June 24, 1976, as modified by Case No. RC-91-001 (verification of election results and modification of bargaining unit to include Police Service Technicians) and amended by Case No. AC-2003-008 (substitution of F.O.P. Lodge #10 as certified bargaining agent), which certification includes all Police Officers below the rank of Sergeant, except as modified below, and Police Service Technicians. It is understood by the parties that Police Cadets who have not yet successfully completed the State law enforcement certification exam, "non-paid police reserves," "police reserves," and "police auxiliary officers," and "part-time officers" are specifically excluded from this recognition. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein Item # 8 Attachment number 1 \nPage 6 of 55 This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 3Severability and Waiver . Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses 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. The exercise or non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise them in the future. Section 4. Existing Rules A Police Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with all current and future written rules and regulations as set forth in Departmental procedures and such special and general orders and other written communications, except those which are in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. The Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct for members of the bargaining unit. The Union shall have the right to meet with the Police Chief or his/her designee to discuss the item. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1 . The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefor during the term of this Agreement. Item # 8 Attachment number 1 \nPage 7 of 55 Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 2 . The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees 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 Police Department. All matters relating to grievances shall be processed only through the grievance procedure as set forth in this Agreement. ARTICLE 3 RIGHTS OF PARTIES Section 1 . Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbitrary or capricious manner. Section 2 . It is understood and agreed that sworn police officers have rights and protection under the Florida Statute commonly known as the Police Officer’s Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. Section 3 . The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of membership or non- membership in any employee organization. Section 4 . The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Section 5 . The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law. Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the Grievance Procedure contained herein, but shall be subject only to the method of review prescribed by law. Item # 8 Attachment number 1 \nPage 8 of 55 Section 6 Citys Management Rights . A. 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, 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 operation, function or service, 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 jobs; to establish and change working rules and regulations; to create new job classifications; 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 just cause; to subcontract; to alter or vary past practices with prior notification 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 services. B. If in the discretion of the City Manager or the 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, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended; provided, however, that any grievance arising during suspension of this Agreement will be pursuable on termination of the declared emergency. C.Management shall not assign, reassign, discipline, demote, or discharge any employee of the bargaining unit in an arbitrary or capricious fashion. D.The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement upon timely request by the Union and to the extent provided by law. Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement the City agrees to deduct dues owed by the employee to the Union on a biweekly basis. Prior to such deduction the Union shall provide the City with a signed statement from each employee whose dues are to be deducted in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City or to the City and the Union and shall also be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. Upon notification from the Union as to the amount, the City shall raise the dues deduction according to the established amount provided in the Union bylaws. Item # 8 Attachment number 1 \nPage 9 of 55 This Agreement applies only to the deduction of basic membership dues and uniform assessments and shall not apply to the collection of any fines, penalties or special assessments. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessments, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Stewards -- The stewards of the Unionshall consist of active, current sworn employees of the bargaining unit or their designee. The Unionwill submit a list of the elected officers, stewards, and designees to the Chief of Police and shall notify the Chief of Police of any changes to the list. Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union President or another steward for representation. A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the commander on duty. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. No employee, while on duty, shall meet and discuss any issue with a steward without first receiving approval from the appropriate supervisor on duty. C.Indemnification -- 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 in complying with dues deduction. 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. D. Union Time -- The Union shall be allowed up to 400 hours of time off with pay per year for the purpose of attending official F.O.P. functions, meetings or conferences. Such hours shall also be used for time spent by bargaining unit members at any meetings pertaining to the City of Clearwater where the members are specifically representing the interests of the Union. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this time shall be made in advance in writing and submitted on the proper form by one of the elected officers of the bargaining unit to the immediate supervisor of the bargaining unit member who will be utilizing the union time. The Police Chief or his/her designee will grant such time off provided that, in his/her sole and unlimited discretion, the efficiency of operation of the department will not be interfered with or impaired. Any portion of the time not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into the next annual period. Union time for contract negotiations may be negotiated as part of the contract ground rules. Item # 8 Attachment number 1 \nPage 10 of 55 E. Union Notification Media -- The City agrees to provide space on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings or other official F.O.P. information. The Police Chief or his/her designee shall review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political campaigns. F. Rules and Regulations and Memorandums (a)The President of the Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. (b)The President of the Union or his/her designee shall be forwarded a copy of the meeting time and place of the Civil Service Board in advance of that meeting. G. Posting and Copying of Agreement -- The City and the Union further agree to provide each member of the bargaining unit, within sixty (60) days after its execution, a copy of this Agreement, printed in booklet form. The cost of printing shall be shared equally by both parties. H. Use of Copying Equipment -- The City agrees to allow the Union officers to use the Departmental copying equipment while off-duty under the following conditions: (a)The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b)The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c)Departmental business will of course take priority and the Union will only be allowed to make copies while the Department is not otherwise using the copier. I. The Union may designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operations of the Department will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. J. The President of the Union shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.O.P. providing operations will not be interfered with. Item # 8 Attachment number 1 \nPage 11 of 55 K. The President of the Union or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Commission meeting. If an item appearing on the agenda directly affects members of the bargaining unit, the Union President or his/her designated representative may petition the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Permission will not be unreasonably withheld. L. With prior approval and providing the department determines in its sole discretion that there will be no adverse impact to operations, the Secretary, Treasurer, State Trustee or Board Member will be permitted to attend labor meetings or the regular monthly meetings of the Lodge if they are working. However, they will be subject to call, and such meeting hours shall not be counted toward the Union time referenced in paragraph D of this Section. M. The City shall grant the Union time off without pay on request. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Chief of Police or his/her designee. The Department will grant such time off provided that in the opinion of the Department operations will not be interfered with. ARTICLE 4 NO STRIKE Section 1 . The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, 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 or its affiliates. Section 2 . Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Section 3 . Should any member of the bargaining unit participate in a strike as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. Section 4 . The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperative efforts shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. Item # 8 Attachment number 1 \nPage 12 of 55 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1 . A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles of this Agreement. Prior to the filing of a grievance, the employee shall meet and discuss the issue with the immediate supervisor. Section 2 . All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished, including a request for Union representation if desired at each step. The grieving party must state in writing the remedy sought to resolve the grievance. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Probationary employees, including Police Recruits and Police Officers, shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling or access to training opportunities. Any grievance by a regular employee relating to suspension or dismissal shall be initiated at Step 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Grievances may be filed and processed by the Union except grievances of discipline which 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 sign the grievance. Item # 8 Attachment number 1 \nPage 13 of 55 STEP 1 If the issue is not resolved by the immediate supervisor, the aggrieved employee shall present his/her grievance in writing to his/her lieutenant within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. If there is no lieutenant in the employee’s chain of command, the aggrieved employee shall appeal to the next step. The lieutenant shall review the grievance and meet with the employee and an official bargaining unit Steward or other representative if one is requested. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The lieutenant shall submit a decision in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. Where the lieutenant determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not settled in the first step, aggrieved employee within ten (10) working days of the date of the answer in the first step, shall present it to the Division Head or his/her designee. The grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific sections alleged in his/her written grievance. The Division Head or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Division Head shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10) working days of the date of notification from the Division Head or his/her designee, present the written grievance to the Chief of Police or his/her designee. The Chief of Police or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Chief of Police or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 4 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was due in Step 3. At the request of the employee, the City Manager or his/her designee shall meet with the employee and an official bargaining unit Steward or other representative if requested. The City may determine who shall meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction. Item # 8 Attachment number 1 \nPage 14 of 55 Section 3 . In the event that the grievance is still unresolved, the matter shall be submitted to final and binding arbitration as provided in this Section. A.Within ten (10) working days of the decision of the City Manager, the Union or the aggrieved party, as applicable, shall notify the City Manager of its intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, and then the other party shall strike a name. The process shall then be repeated 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 fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter and the cost of any transcript to be provided to 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 petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the arbitrator shall have no power to grant relief. 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 thirty (30) days from the filing of briefs by the parties. C.The arbitrator shall arbitrate solely the issue presented. D.Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the original written grievance submitted in the grievance procedure. Section 4. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within ten (10) working 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. Item # 8 Attachment number 1 \nPage 15 of 55 ARTICLE 7 PERSONNEL PRACTICES Section 1. Police Officers Duties A. The Union agrees that the duties of Police Officers covered by this Agreement involve the performance of general police duties. The City agrees that members of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B. The City agrees that members of the bargaining unit shall not be required to change automobile tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles; however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Supervisors will be provided a noose for use by Police Officers in moving dead animals. Section 2. Special Duty Call Out A.All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than 5 working days prior to that event including canine demonstrations. B.This section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C.Employees assigned to the Criminal Investigation Division, Patrol Special Operations section, Traffic section, or community policing teams are subject to adjustments of their hours and/or days to meet the circumstances at hand. Management will give as much notice as possible when such adjustments are made but it is understood that hours must be flexible. Section 3. Off-Duty Calls When a bargaining unit member is called by telephone by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor for departmental business solely to respond to a request for needed information, the employee shall be credited with time worked as follows: (a)If the call is six (6) minutes or less, the employee shall be credited with one-tenth of an hour of work time. (b)If the call is greater than six (6) minutes, the employee shall be credited with the actual time involved for work time. Item # 8 Attachment number 1 \nPage 16 of 55 (c)If the employee is called by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor, and as a result of the call is required to take an official action at home on behalf of the City to obtain information, to call other employees in the line of duty, to take other action on behalf of the City, and/or subsequently to call the supervisor or other designated City personnel with a response, the employee shall be credited with actual time involved in complying with the supervisory directive. In such event, the employee shall be required to provide his/her supervisor with a full accounting of the time and work for which the employee is to be paid. (d) Employees shall be compensated for any self-generated telephone calls that are deemed appropriate and duly authorized for payment by their immediate supervisor. Section 4. Probationary Periods A.Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar months during which time the Department shall observe and review the employee's job performance, attendance, attitude and adherence to Departmental and City requirements. If during the initial probationary period, or at the end of such period, the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial probationary period extended at the discretion of the Police Chief or his/her designee or may be separated by the City. The employment status of an employee whose probationary period is extended shall remain the same as that during the initial probationary period. An employee who is separated during or at the expiration of the initial probationary period or any extension thereof shall have no right to a grievance under this contract. The City shall present to the employee reasons for separation in such event. In the event that the employee was previously a certified City employee who was promoted, said employee may have his/her promotional probationary period extended, or may be returned to his/her former position provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position at the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated and have his/her name placed on a re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. B.Police Officers, from the date of promotion or appointment to the classification of "Police Officer," shall serve an initial probationary period consisting of the time required to successfully complete the Field Training Officer Program and an additional twelve (12) consecutive calendar months following the successful completion of the Field Training Officer program during which time the Department shall observe and review the employee's job performance, attendance, attitude, and adherence to Departmental and City requirements. Item # 8 Attachment number 1 \nPage 17 of 55 If, during the initial or promotional probationary period or at the end of such period the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial or promotional probationary period extended or may be separated by the City. The City shall present to the employee reasons for separation in such event. An employee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City employee who has been previously certified under Civil Service rules in another classification and who is promoted to Police Officer and subsequently fails to satisfactorily complete the promotional probationary period as a Police Officer may have his/her promotional probationary period extended, or may be returned to the former non-police City position which the employee previously held as a certified employee provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position of the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated by the City and placed on the re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. Section 5 Promotional Procedures . A. All non-probationary Police Officers who have completed five years of service as an Officer in the Clearwater Police Department shall be eligible to compete for the position of Police Sergeant and all non-probationary Police Service Technicians shall be eligible to compete for the position of Police Service Technician Supervisor, provided they have satisfied the minimum qualifications as established by the City Manager/designee. B. The minimum educational requirement for promotion to Police Sergeant shall include a two- year degree, or the equivalent credit hours from an accredited college or university . C. The promotional eligibility process for Police Sergeant will consist of an evaluation of established criteria which may include a written examination, oral interview, education and prior experience, specialized assignments, performance evaluations, prior disciplinary actions, seniority, or other factors as determined by the Police Chief. Such criteria shall be noted on the announcement of each eligibility determination process, and shall be weighted and scored to obtain a final eligibility rating for each candidate. The promotional process for Police Service Technician Supervisor shall be based upon an evaluation of the education and experience of the candidates as detailed in a written Training & Experience questionnaire. D. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B of that Section. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this or other applicable Agreement. Item # 8 Attachment number 1 \nPage 18 of 55 Section 6. Establishment and Duration of Lists The promotional eligibility lists for Police Sergeant and Police Service Technician Supervisor shall be established each time an opening exists. Names of candidates shall be placed on the Police Sergeant eligibility list in order of the final eligibility rating determined by the established evaluation process, and names of candidates shall be placed on the Police Service Technician eligibility list in alphabetical order of all persons who have been determined to meet the minimum eligibility criteria. The City shall not be required to prepare a promotional eligibility list solely because there is not an available list, unless there is a current opening. Section 7. Removal of Names from Lists Names of eligibles shall be removed from the appropriate Eligibility List by operation of any of the following: (a)Appointment through certification from such list to fill a permanent position. (b)Written statement by the eligible that he/she is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Human Resources Director. (c)Declination of appointment when appointment is offered by the Police Chief or City Manager/designee. (d)Separation from the City service of an employee on a promotional list. (e)Disability that prevents the eligible from performing satisfactorily the duties of the position. (f)Removal from the employment area designated by the City when such residence is was required as a condition of appointment. (g)Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. (h) Names of eligibles may be removed from the Eligibility List if the City deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/her employment background, training, education, or character. (i)Any examinee who divulges to any other person information relating to questions and/or materials contained in a test will be subject to disqualification from the Eligibility List and to discipline. Item # 8 Attachment number 1 \nPage 19 of 55 Section 8 Appointments Selection from the Eligibility List shall be at the sole discretion of the Police Chief. Selection criteria shall be developed and may include such factors as ranking on the eligibility list, demonstrated job performance, aptitude, capacity, knowledge, character, or other qualifications. Such selection criteria will be announced at the time candidates are advised that a selection process will be conducted. An eligible who has been interviewed for an opening need not be interviewed again for a period of two years unless the eligible requests such. The department shall counsel with any eligible who is not selected for promotion upon the request of the employee. The City and Union agree that this Section may be reopened during the period from October 1, 2012 to September 30, 2015 for the purpose of negotiating mandatory subjects of bargaining related to the promotional selection process only. If this Section is reopened and the parties are unable to reach agreement, the existing language and related process shall be maintained as the status quo, and shall not be subject to the impasse procedure. Section 9. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 10. Training Notification of schools, training, and career development courses which the Department determines appropriate will be made available to all bargaining unit members in sufficient time for officers to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The department will select officers for attendance using these criteria: (a)Ability of the officer as shown in performance evaluation. (b)The officer's duties and assignments (past, present and future). (c)Seniority in the department. (d)The officer's demonstrated interest. (e)Available personnel and staffing needs of the Department. (f)The amount of prior training received. Item # 8 Attachment number 1 \nPage 20 of 55 All time spent in training which has been duly authorized by the Department shall be and compensated as hours worked unless (1) attendance at the training is voluntary (2) the training and occurs outside the employee’s regular work hours (3) the employee performs no productive work and (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Fair Labor Standards Act. Section 11. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to the public pursuant to a request therefor, such information shall be released in accordance with Florida Statutes governing public records. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work. Section 12. Residency Requirements Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County and Hillsborough County from the western boundary eastward to Interstate 75. When response times are an operational factor in special duty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Chief of Police to reside outside the specified area. Violation of this provision shall be just cause for discipline. Section 13. Tobacco Product Usage Sworn employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the City’s Tobacco Product Usage Policy. Violation of this provision shall be grounds for discipline. Item # 8 Attachment number 1 \nPage 21 of 55 Section 14. Seat Belts and Safety Gear All employees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. Employees are further responsible for attempting to secure compliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. Whenever an employee is furnished with City safety gear, he/she shall wear it whenever he/she is on duty. An employee who has requested personal body armor (bullet resistant vest) either as original issue for new hires or as a replacement due to wear shall not be placed on patrol duties or hazardous assignments until such equipment has been issued. Section 15. Off-Duty Concealed Weapons An off-duty officer shall have the right to carry on or about his/her person a concealed weapon, provided that such officer has met departmental qualification standard for the firearm, that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Department or other qualified armorer if such firearm is not issued by the Department. This weapon may only be used to perform law enforcement functions. Any officer wishing to carry an off-duty firearm for which the Department armorer is unqualified to perform maintenance will be authorized to carry the firearm provided that the firearm is otherwise approved and that the officer provides at his/her own expense an annual certification to the Department that the firearm has been inspected and approved by a qualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; 10mm; .40; .41; .44; and .45. Officers who are temporarily assigned to Department approved undercover assignments other than full-time Detective assignments may carry their Department issued firearm or a personally owned “off-duty” firearm provided that the Officer has met the Department’s qualification, inspection, and any other requirements for off-duty weapons as defined herein and in accordance with Department policy. Officers shall carry only ammunition approved by the Department armorer in both their on- duty and off-duty firearms. The Department will provide ammunition for on-duty use, qualifying, and open range day only for Department issued firearms or for Department authorized off-duty firearms of the same caliber as the Department issued firearms only. It will be the officers' own responsibility to provide ammunition for any other approved caliber, including training ammunition. Item # 8 Attachment number 1 \nPage 22 of 55 Section 16. Physical Examinations, Inoculations, and Fitness A.The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. Police Officers are required to undergo an annual physical examination as determined by the Police Chief. Physical examinations shall be in accordance with current medical guidelines that are gender and age specific. The physical examination will be performed by the employee’s Primary Care Physician. The cost of the employee’s co-payment for the physical examination will be paid by the City. The employee shall schedule the physical examination with his/her own Primary Care Physician. The employee shall provide the Department a “Fitness for Duty Report” from the Primary Care Physician which shall include, but not be limited to, the specifics of any heart related condition including preventive care recommendations. B.In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or inoculation will be made available to the members of the officer's household. C.Proof of the exam must be submitted prior to the employee’s annual performance evaluation date. D.Employees may schedule said physicals while on duty. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift. However, evening and night shift employees shall be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. The maximum amount of flex time permitted for employee physicals shall be two hours per office visit up to a maximum of two visits unless otherwise authorized in advance by the Department. E. 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 completely 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. Section 17. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. Item # 8 Attachment number 1 \nPage 23 of 55 The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon the mutual agreement of the parties. Section 18 Legal Protection The City agrees to defend any member of the bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111 and 768 FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to members of the unit upon request. Section 20. Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Employees shall be required to elect to receive the entirety of their 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 14 days written notice is given to the City’s payroll division. Section 21. Master Officer Designation The City and Union agree that this Article may be reopened during the period from October 1, 2012 to September 30, 2015 for the purpose of negotiating mandatory subjects of bargaining related to the development and implementation of a Master Officer designation only. If this Article is reopened and the parties are unable to reach agreement, the existing language shall be maintained as the status quo, and shall not be subject to the impasse procedure. Item # 8 Attachment number 1 \nPage 24 of 55 ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A.There shall be nine (9) paid holidays. They shall be: New Year's Day January 1 Martin Luther King Day Federal Holiday President's Day Federal Holiday Memorial Day Federal Holiday Independence Day July 4 Labor Day Federal Holiday Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 The City shall permit the use of bargaining unit seniority within existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. This applies to all bargaining unit employees. If an employee is scheduled to work on a holiday, the employee’s scheduled shift must have the majority of hours on the actual scheduled holiday to receive holiday pay. Additional time worked immediately preceding or following the holiday shift does not determine holiday pay. B.In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged for the vacation leave. C.In the event that one of the above named holidays occurs while an employee is on paid sick leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D.Employees who work eight (8) hours or more on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. E.An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an officer's regular day off, 8-hour and 10- hour officers are paid eight (8) hours holiday pay. Both types of employees have worked 40 hours and are paid 48 hours – a full week plus one (1) holiday. F.Floating Holidays: In addition to the designated holidays above, employees shall be entitled to up to four (4) floating holidays as herein provided. Neither the holidays listed in paragraph (A) above nor any day for which an employee is not scheduled to work may be selected as a floating holiday. Item # 8 Attachment number 1 \nPage 25 of 55 Floating holidays shall be subject to the following requirements and conditions: (a)No employee may utilize floating holidays until thirty (30) calendar days after his/her employment. (b)During the first year of hire, floating holidays shall be prorated on a quarterly basis in accordance with the following: Date of Hire Floating Holidays Awarded January to the end of March 4 April to the end of June 3 July to the end of September 2 October to the end of December 1 (c)Floating holidays must be taken in full-day increments and may not be carried over from one payroll calendar year to another, and if not taken are forfeited except as provided in paragraph (d) below. (d)An employee may elect to take one or more floating holidays for which he/she is eligible (and has not taken or scheduled) as a cash stipend. The employee will be paid eight (8) hours for each floating holiday for which the employee makes this election. (e)Floating holidays are scheduled at the mutual convenience of the employee and the Department. G.Pay procedures regarding specific situations as related to holidays follow: NOTE : Officers cannot take leave time (comp time, vacation, sick leave, etc.) in lieu of a holiday. An officer normally scheduled to work the holiday, must take the day as a holiday. If an officer calls in sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5/8 employee and 10 hours for the 4/10 employee) and shall not be charged sick leave. (a) Procedure when holiday falls on officer's scheduled work day but officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift and ten (10) hours holiday pay for the 4/10 shift. Both types of employees are paid for 40 hours -- a standard work week minus one work day plus one day holiday. (b)Procedure when holiday falls on officer's scheduled work day and officer works the day: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Item # 8 Attachment number 1 \nPage 26 of 55 (c)Procedure when holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of officer): Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Whether the overtime hours are straight overtime or premium overtime is determined by the total "sweat" hours paid for the work week. There is no extra holiday pay for hours worked over the basic shift. (d)Procedure when holiday falls on officer's scheduled work day and officer takes part of the day off: Employees on both 5/8 and 4/10 shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. A Police Officer who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. (e)Procedure when holiday falls on officer's regular day off, but officer works overtime: Employees on both 5/8 and 4/10 shifts receive eight (8) hours holiday pay. The overtime hours are turned in as overtime. Whether the overtime is straight overtime or premium overtime is based on the total hours worked in the work week. (f)Procedure when premium holiday falls on officer's scheduled work day and employee works his/her scheduled day: Employee receives 2-1/2 times regular pay for all hours worked. (g)Procedure when premium holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of the officer): Employees receives 2- 1/2 times regular pay for all hours worked. (h)Procedure when premium holiday falls on officer's scheduled work day but officer takes part of the day off: If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. (i)Procedure when premium holiday falls on officer's regular day off but officer works overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate of pay as determined by overtime calculations. (If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay.) NOTE : In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the employee works eight (8) hours or more on the holiday. Item # 8 Attachment number 1 \nPage 27 of 55 Section 2. Vacations A. Accrual of Vacation Leave 1.Vacation leave shall be accrued on a bi-weekly basis and will be pro-rated according to hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 - 2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 - 10 4.923 128 11 5.231 136 12 5.538 144 13 - 14 5.846 152 15 – 19 6.154 160 20 & Over 6.462 168 2.The vacation year shall be the calendar year. B. Use of Vacation Leave 1.The use of vacation leave shall be authorized in accordance with Police Department Regulations. 2. If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation in increments of tenths of an hour. 3. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. 4. The borrowing of vacation time prior to its accrual is prohibited. 5. There is no advancing of vacation pay. 6. An employee must be employed for six (6) months prior to requesting the use of vacation leave. 7. Compensatory time off may be taken in conjunction with a regular vacation if authorized. Item # 8 Attachment number 1 \nPage 28 of 55 C.Maximum Accrual of Vacation Leave The maximum amount of vacation leave that may be accumulated is 240 hours. D. Payment and Accrual During Military Leave 1.An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2.An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 240 hours. E. 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 for more than three (3) consecutive days, 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 Funeral Leave provisions of this Agreement. F. Payment of Unused Vacation Leave Payment of unused vacation leave will be paid upon voluntary separation of the employee up to a maximum of 240 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Section 3. Sick Leave For payroll purposes, a payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the last pay period for the last pay check in the calendar year. A. Sick Leave Accrual Employees shall accrue sick leave each payroll period based on hours in a paid status. Employees shall accrue 3.693 hours of sick leave on a biweekly basis. (i.e., An employee on a forty-hour work week earns twelve (12) days per calendar year.) B. Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. Item # 8 Attachment number 1 \nPage 29 of 55 C.Sick Leave Balance Transfers and Restoration Sick leave balances are restored to an employee recalled from layoff or returned from a leave of 1. absence. Sick leave balances remain the same upon transfer to another department or classification. 2. Sick leave balances are converted to equivalent days if an employee changes to a different 3. hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour work week, and vice versa.) No sick leave balances are restored after a break in service. 4. D.Calculation for Use of Sick Leave Sick leave may be authorized in increments of tenths of an hour. E.Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: Due to personal illness or physical incapacity. 1. Due to exposure to contagious disease in which the health of others would be endangered by 2. the employee’s attendance on duty. Due to dental appointments, physical examinations, or other personal or family sickness 3. prevention measures. Due to illness of a member of the employee’s immediate family which requires the employee’s 4. personal care and attention. “Immediate family” shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse, or other permanent member of the “immediate household” living together as family. F. Authorization of Sick Leave 1.An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific reason, and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2.Failure to do so may be the cause for denial of sick leave and other disciplinary action. Item # 8 Attachment number 1 \nPage 30 of 55 G.Payment for Unused Sick Leave Upon separation from the City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours, provided: 1. That 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 hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than forty (40) hours per week. The employee may request that one-half (1/2) the payment for unused sick leave be made at separation and one-half (1/2) the payment be made in the first payroll period in the next calendar year. 2. The employee if sworn has had at least twenty (20) years of continuous service with the City; or if not sworn retires on City Pension, is involuntarily separated (including disability or layoff), or retires under Federal Social Security with a minimum of five years service. 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. 3.That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs. 4.The employee’s estate shall receive payment if an employee dies. 5.An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury From Other Employment An employee may not utilize accumulated sick leave 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 suspended or terminated. I. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. Item # 8 Attachment number 1 \nPage 31 of 55 J. Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight or Ten-Hour Shifts Zero Time 2 More than zero time but less Eight or Ten Hour Shifts 1 than 2 days More than zero time but less Combination of Eight and 1 than 2 days combined as: Ten Hour Shifts · 2 Eight-hour days · 2 Ten-hour days · 1 Ten-hour day and 1 Eight-hour day Bonus Leave Days must be used in full day increments. 1. Bonus Leave Days are not included in overtime calculations. 2. 3. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. 4. Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Section 4. Leave Pool A joint leave pool will be established by members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A. 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 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 thirty (30) calendar days. Item # 8 Attachment number 1 \nPage 32 of 55 B. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. 1.The committee shall consist of two (2) members designated by each bargaining unit, and one member designated by the other four members. 2.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. 3.The committee's decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. C.Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year. 1.No employee shall be permitted to donate more than four (4) days of leave per year to the pool. In the event that the number of days in the leave pool becomes less than fifty leave days, the committee may open up the opportunity for additional donations to be made during the calendar year. The 4-day donation limit shall not be modified. 2.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 eight-hour or ten-hour day is a full day). 3.Donations of pool leave time are irrevocable. 4.No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. D. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool within the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. E. 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 eight-hour or ten-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.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of the 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. Item # 8 Attachment number 1 \nPage 33 of 55 F. 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 5. Funeral Leave Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick leave time in the event of death in the "immediate family." Death in the "immediate" family shall be defined as a death of a spouse, child, stepchild, mother, stepmother, father, stepfather, grandfather, grandmother, grandchild, brother or sister of the employee or the employee's spouse. Additional funeral leave for a death in the immediate family may be granted with the approval of the Police Chief. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the "close" family chargeable to sick leave. "Close" family shall be defined as the following family members: stepbrothers; stepsisters; brother's wife; sister's husband or other member of the employee’s immediate household. Additional time, chargeable to sick leave, may be granted with the approval of the Police Chief. An employee must attend the funeral in order to receive pay for a death in the family. Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: A.Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal Law: 1.For inductees, the minimum period of time required to be served. 2.For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served. 3.For reservists, the minimum period of time required to be served. Item # 8 Attachment number 1 \nPage 34 of 55 B. For the purposes of this Section, "armed forces" shall be defined to include: 1.The Army, Navy, Marine Corps, Air Force and Coast Guard. 2.The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. C.Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D.Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay; or 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3.In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. 4.If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the . shortest period of time shall be laid off and the returning employee reinstated 5.A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. Item # 8 Attachment number 1 \nPage 35 of 55 6.The employee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7.Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. E.An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. F.An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. G.For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. H.For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for required military reserve training in excess of 240 hours per calendar year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. Item # 8 Attachment number 1 \nPage 36 of 55 Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons: 1.For participation in Police promotional examinations held by the City or other examinations required by the City when such time off does not, in the judgment of the Police Chief, interfere with or impair the operations of the Department. 2.For serving on a jury. The employee may be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3.When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. Employees who wish to voluntarily attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be limited to the actual time spent in training up to the number of hours in the employee’s standard workweek. Employees shall be compensated in accordance with provisions of the Fair Labor Standards Act for time spent in training beyond the number of hours in the employee’s standard workweek when such time has been duly authorized in advance by the Department. 4.When directed by the City Manager or Police Chief to attend in-service training or other in- service meetings, including authorized safety meetings. B. An employee may be granted time off without compensation for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief or his/her designee. C. With the prior approval of the Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, of employees or their wives or husbands, or military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to two designated Honor Guard members, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Item # 8 Attachment number 1 \nPage 37 of 55 Section 8. Leave Without Pay A. A regular employee may on written application therefor, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1.The physical or mental disability of the employee. 2.The employee has announced his/her candidacy for public office. 3.The employee is entering upon a course of training or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service. 4.Extraordinary reasons, sufficient in the opinion of the City Manager to warrant such leave of absence. 5.Maternity/child care leave in accordance with the City’s Family and Medical Leave Act Policy to enable a parent to care for a newborn, newly adopted or seriously ill child, provided however that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. An employee may request to utilize vacation, holiday, and comp time to continue pay status in accordance with current federal or state guidelines on family medical leave. B. Leave for any of the above reasons shall be subject to the following regulations: 1.Such leave shall not be granted for more than six (6) months but may under the provisions of paragraphs above be renewed upon written application therefor by the employee and approved by the City Manager. 2.An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of the leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3.In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the re-employment list for the class or position nearest approximating that in which he/she was employed immediately prior to such leave, provided he/she is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same re-employment list, the names shall be arranged in order of City seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. Item # 8 Attachment number 1 \nPage 38 of 55 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A.The Pay Schedules shall be in accordance with Appendix A. Pay schedule 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: Police Officers Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Step 9 – At the end of one year of satisfactory service in step 8. Step 10 – At the end of one year of satisfactory service in step 9. Step 11 – At the end of one year of satisfactory service in step 10. Step 12 – At the end of one year of satisfactory service in step 11. Police Service Technicians and Police Service Technician Supervisors Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of two years of satisfactory service in step 6. Step 8 – At the end of two years of satisfactory service in step 7. Step 9 – At the end of two years of satisfactory service in step 8. Step 10 – At the end of two years of satisfactory service in step 9. Step 11 – At the end of two years of satisfactory service in step 10. Step 12 – At the end of two years of satisfactory service in step 11. Step pay increases shall provide for approximately a 5% increase over the preceding step for each step advancement from Step 1 through Step 6 and approximately a 2 ½% increase for each step advancement from Step 7 through Step 12. Item # 8 Attachment number 1 \nPage 39 of 55 Employees who receive an evaluation rating of less than satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the three month follow-up review. Such effective date shall be thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the three month follow-up rating is still less than satisfactory, the employee shall be reevaluated in another three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the second three-month follow-up review. Such effective date shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the second three month follow-up review rating is still less than satisfactory, no merit step advancement shall be granted and the employee shall be evaluated again on his/her prior merit review date. B.Effective for the period from October 1, 2012 through September 30, 2013, pay range minimums and maximums shall not be adjusted and employees shall not receive a general wage increase. Effective for the period from October 1, 2012 through September 30, 2013, employees shall be advance in Step as provided for in Section 1 of this Article. Employee’s who are allocated to Step 12 and Police Officers who are fixed in Step in accordance with the provisions of Paragraph C. of this Section below, and who are rated Meets Standards on their annual performance evaluation during the period from October 1, 2012 through September 30, 2013 shall receive a lump sum bonus equivalent to two-and-one-half percent (2.5%) times their annual base rate of pay to be effective as of the date of the annual performance evaluation. Effective for the beginning of the payroll period that includes October 1, 2013, 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 for the period from October 1, 2013 through September 30, 2014, employees shall not be advanced in Step as provided for in Section 1 of this Article. The time period from October 1, 2013 through September 30, 2014 shall not be counted toward any future Step advancement. Effective for the period from October 1, 2014 through September 30, 2015, pay range minimums and maximums shall not be adjusted and employees shall not receive a general wage increase. Effective for the period from October 1, 2014 through September 30, 2015, employees shall be advanced in Step as provided for in Section 1 of this Article. Employee’s who are allocated to Step 12 and Police Officers who are fixed in Step in accordance with the provisions of Paragraph C. of this Section below, and who are rated Meets Standards on their annual performance evaluation during the period from October 1, 2014 through September 30, 2015, shall receive a lump sum bonus equivalent to two-and-one-half percent (2.5%) times their annual base rate of pay to be effective as of the date of the annual performance evaluation. Time counted toward step advancement shall commence from the date of the respective employee’s last Step advancement, shall exclude the period from October 1, 2013 through September 30, 2014, and shall resume October 1, 2014. Any further step advancements after September 30, 2015 will be dependant upon and subject to negotiations in any successor Agreement. Item # 8 Attachment number 1 \nPage 40 of 55 The City agrees that for the period from October 1, 2012 through September 30, 2015, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Officer’s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. C.Lateral Entry for New Hire Police Officers: Newly hired Police Officers shall be permitted to enter the established pay range at a step or more than one step above the first step based on acceptable experience as a Police Officer at another agency deemed creditable by the Department. Such Officers shall be advanced upon hire one step in the established pay range for each two years of verifiable experience at a prior agency up to a maximum lateral entry of step three. Such Officers shall remain fixed at the lateral entry step until such time has passed as is prescribed for advancing from step one to the lateral entry step number in accordance with the schedule established in paragraph A of this Section, and shall thereafter continue to be advanced through the steps in accordance with said schedule. For example, an Officer with six years of creditable, verifiable experience at a prior agency would be permitted to enter the established pay range at step three. Such Officer would remain fixed at step three for three years, and would then progress though the range thereafter in accordance with the established schedule. All lateral entry Officers would continue to be eligible to receive negotiated general wage increases while fixed in step. Section 2. Overtime Pay A.No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B.If a regularly scheduled work day is to be canceled, the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be canceled. No regularly scheduled work day will be canceled for the sole purpose of avoiding overtime pay. C.Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate of time-and-one-half for all hours actually worked in excess of 40 hours in any one work week. Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. D.The work week shall be from Saturday through the following Friday. All hours for shifts that begin on one work day and end on the next work day shall be counted on the work day where the majority of the hours for the shift fall. When shift hours are evenly split between two work days, all hours for the shift shall be counted on the work day the shift begins. E.An employee may be required to work overtime if, in the sole and unlimited discretion of the Police Chief or his/her designee, the employee’s services are deemed necessary. Item # 8 Attachment number 1 \nPage 41 of 55 Section 3. Compensatory Time Allowance Employees will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employee. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employee. Employees shall be paid for all compensatory time at separation from City service. Section 4. Shift Differential A bargaining unit member shall be entitled to shift differential pay as set forth in this Section. A.For purposes of computing shift differential pay the following shift series and payments are established: Shift Series No. Hours Payment Per 14-Day Period 100 2400-0700 7% 200 0700-1600 0% 300 1600-2400 5% The payments shall be computed as a percentage of the employee's base pay, including his/her merit and longevity step. B.An officer's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the officer's shift. Temporary shift or duty assignments of less than twenty eight (28) calendar days shall not entitle an officer to shift differential pay. Employees in the bargaining unit assigned for initial or remedial training under the FTO program shall not be entitled to shift differential pay. C.Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Section 5. Standby Pay An employee assigned to standby will receive a flat fee of: $15.00 per night, Monday through Friday $30.00 for Saturday $30.00 for Sunday Only the Police Chief or his/her designee may place an employee on standby. This Section will also apply to all Telephone Alert situations. Item # 8 Attachment number 1 \nPage 42 of 55 Section 6. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or compensation day, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, or response to a lawful order for which the employee can be disciplined for his/her failure to comply. This specifically excludes court appearances. Police Officers will be paid for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked in lieu of the rescinded vacation time. An employee’s vacation balance will not be charged for any time actually worked. Section 7. Acting Pay If a Police Officer or Police Service Technician serves in a higher capacity on an acting basis for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), said employee shall receive acting pay retroactive to the date the assignment began. When a Corporal serves in an acting capacity as a Sergeant for more than two consecutive complete payroll calendar work weeks as specified above, Corporal Job Assignment Pay shall cease and Acting Pay shall begin. Acting pay is five percent (5%) above the employee's base salary. Section 8. Job Assignment Pay A.Police Officers who are assigned to the Office of the Chief, Criminal Investigations Division, Support Services Division, Corporal, or the Field Training and Evaluation Program shall be provided 5% above the employee’s current base rate of pay. B.Police Officers who are assigned as Crime Scene Photographer, Mobile Command Center operator, Sex Crime Investigator, or Traffic Homicide Investigator, shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2012 through September 30, 2015 – $25 per payroll period. Police Officers who are assigned to Community Policing Squads, SWAT Team, Traffic Section, Canine Officer or School Resource Officer shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2012 through September 30, 2015 – $40 per payroll period. Police Service Technicians who are assigned outside of the Telephone Reporting Unit for more than ten consecutive work days shall be provided with the following amounts in addition to the employee’s current base rate of pay: - $50 per payroll period Item # 8 Attachment number 1 \nPage 43 of 55 C.An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. In such case, the employee shall receive the amount of the greater assignment pay differential for each category concerned. Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D. Job assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Section 9. Canine Officers A.Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B.Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. C.No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. D.Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E.All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. Item # 8 Attachment number 1 \nPage 44 of 55 F.Effective October 1, 2012 through September 30, 2015, an allowance of $125.00 per month shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court Attendance and Standby Time Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive payment for the greater of a minimum of three hours or actual time worked if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time-off, he/she will receive payment for the greater of a minimum of two hours or actual time worked. All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. In all instances of court appearances scheduled less than three hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee will go on standby status as of the date and time required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his/her employment, provided that this is agreeable to the court and to the attorney requesting his/her presence. An employee on standby under the provisions of this Section will receive straight time pay for each hour spent on standby with a minimum of three hours pay. The three-hour minimum does not apply if prior to the end of the three-hour period: 1.The employee reports for duty. Standby pay stops at the time the employee reports for duty. 2.The employee is called by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. 3.If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Item # 8 Attachment number 1 \nPage 45 of 55 Section 11. 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 compensation supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d)No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability provided however, that if the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. (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 the 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. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on active status. Any time taken off for follow-up doctor visits or therapy due to a line-of-duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Workers' Compensation Law shall control. Item # 8 Attachment number 1 \nPage 46 of 55 (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. Such line-of-duty compensation shall be provided for a period not to exceed ninety (90) calendar days during the first year of employment for each specific injury; sixty (60) calendar days during the second year of employment; and thirty (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 injury pay shall not be provided 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 utilized accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees 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)The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (k)Failure to report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within twenty-four (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: (1) caused solely by and as a direct result of the employee's injuries, or (2) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. It shall be the employee's responsibility to prove the injury occurred while on duty. Item # 8 Attachment number 1 \nPage 47 of 55 (l)Any provision of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniform Allowance A.The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment. B.Police Officers who work outside the Patrol division and who are not provided the standard issue of uniforms or other clothing by the department shall receive a clothing allowance of $900 each year for Fiscal Years 2012/2013; 2013/2014, and 2014/2015. The clothing allowance shall be paid quarterly to the applicable bargaining unit members who are actually assigned and working on the quarterly dates specified in the Department’s General Orders. C.The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. D.Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of $1,500 annually for the period from October 1, 2012 through September 30, 2015. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater union representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as would be required to formulate such a benefit package and to cooperate with the Union to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. Item # 8 Attachment number 1 \nPage 48 of 55 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 Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City medical insurance premiums for employees and their dependents for the Commission to determine 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. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1 st, 2007 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. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1 . No employee who has successfully completed his/her initial or extended probationary period shall be demoted, suspended, or dismissed without just cause. New hire employees in the initial probationary period have no right of appeal of disciplinary action under this Agreement. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time a meeting may lead to disciplinary action. The City, the Union or the employee may use any work history material as evidence to support or oppose a suspension or dismissal. Section 2 . An employee may also be issued a non-disciplinary “Employee Notice” by his/her Division Head. Prior to an Employee Notice being placed in an employee's file, the employee will have the right to confer with the Division Head regarding the proposed Employee Notice. The Employee Notice will be retained in the employee’s Department file. At the end of two (2) years, if there is no reoccurrence, the Employee Notice will not be used for any future disciplinary action. The Employee Notice will be maintained and/or removed in accordance with the State of Florida public records laws. Section 3. Performance, behavior management, and disciplinary procedures shall be outlined in the Police Department SOP’s and General Orders. The City and Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness and may be modified from time to time to better meet the needs of the City and its employees. Any changes will be consistent with sound personnel practice. The Union will have the opportunity to provide input when changes are being considered by the City. The Union’s refusal to participate in meetings or to provide input does not alter the City’s right to change the process. The Police Department and the Union will continue the practice of Labor/Management meetings to resolve these types of issues. Item # 8 Attachment number 1 \nPage 49 of 55 Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1 . Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. Section 2. All bargaining unit employees will be fully informed of the employer's for cause 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. Police Captains 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. 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 at least 30 calendar days 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 F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Item # 8 Attachment number 1 \nPage 50 of 55 Section 4. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1.The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2.Urine and blood samples shall be drawn or collected at a city-designated facility. 3.All testing shall be done by a laboratory certified by NIDA. 4.The standards listed in the City’s Anti-Drug and Alcohol policies shall be used to determine what levels of detected substances shall be considered as positive. B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C. In the event that a Vice & Intelligence officer is required as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT The City and the Union agree that prior to retiring, an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. During the period of “retirement advancement” the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. Item # 8 Attachment number 1 \nPage 51 of 55 ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1 . Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Employees shall not accrue seniority while in their initial probationary period. After successful completion of the police officer's initial probationary period, seniority will revert to date of employment on a full-time basis as a Police Officer and shall be called Police Officer bargaining unit seniority. It is understood by the parties that for employees hired as Police Recruits prior to October 1, 2003, time spent in the Police Recruit classification shall also count toward bargaining unit and City seniority. After successful completion of the Police Service Technician's initial probationary period, seniority will revert to date of employment on a regular basis as a Police Service Technician. Such seniority shall be called Police Service Technician bargaining unit seniority. Bargaining unit seniority within each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups to determine vacation, designated Holiday, and floating holiday selection and as a factor should layoffs be required. Notwithstanding the above, the Department shall have the right to temporarily assign Police Service Technicians to work on a shift not consistent with their shift selection where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2. No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of the layoff. Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that Police Officers who are still on probation are distributed relatively evenly among the shifts. The Department reserves the right to designate no more than four teams as field training (“FTO”) teams which shall be distributed evenly between the East and West Districts. Bargaining unit members who are selected for FTO assignments shall be permitted to bid among themselves by bargaining unit seniority for such assignments. Officers on extended leave due to illness or injury shall be required to submit documentation from a medical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the bid process for such shift period. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Item # 8 Attachment number 1 \nPage 52 of 55 Section 4. An employee shall lose his/her status as an employee and his/her seniority if he/she: (a)resigns or quits; (b)is discharged or terminated (unless reversed through the grievance or arbitration process); (c)retires; (d)does not return to work from layoff within thirty (30) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department except as provided in Section 6 of this Article; (e)has been on layoff for a period of two (2) years; (f)is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 5 . If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred, demoted, or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transferred, demoted, or promoted again to a position in the same job classification as the job he/she previously held in the bargaining unit, he/she shall not be deemed to have accumulated bargaining unit seniority while working the position not within the bargaining unit. Section 6. Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The employee must, within seven (7) days of the certified receipt date, notify in writing the Human Resources Director and the Police Chief of his/her intention of returning to work. Return to work must occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as hereinafter provided. When offered recall, an employee who is temporarily unable to accept due to personal or medical reasons, after notifying the Department of his/her intention of returning, may in the sole discretion of the City be granted if necessary up to sixty (60) days leave of absence without pay but without loss of seniority rights to return to employment. The employee must request such leave of absence and provide the specific reasons therefor. Section 7 . Employees who decline recall, or who in the absence of extenuating circumstances acceptable to the City fail to respond as directed within the time limit allowed, shall be presumed to have resigned and their name shall be removed from the re-employment list. Section 8. Employees who are recalled may be required to pass the City's standard physical examination for their particular job classification before returning to work. If unable to pass said examination, the employee shall not be permitted to return to work. Such employee shall be returned to the re-employment list until able to pass the examination or until expiration of the eligibility period of the list as provided above. Section 9. Employees who are required to have specific certifications (i.e., State of Florida certification as police officer) or to possess designated licenses (i.e., driver license) in order to perform their jobs must present evidence of such certifications and licenses as a condition of their re- employment and failure to do so shall be cause for denial of their return to work. Item # 8 Attachment number 1 \nPage 53 of 55 ARTICLE 15 DURATION, MODIFICATION, AND TERMINATION This Agreement shall be effective as of the start of the payroll period that includes October 1, 2012, and shall continue in full force and effect until the thirtieth day of September, 2015. At least one hundred twenty (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 (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2012. ATTEST: CITY OF CLEARWATER, FLORIDA By 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 FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT By _________________________________ Officer Jonathan Walser, President Clearwater Officers Bargaining Unit _________________________________ Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police WITNESSES: __________________________________ __________________________________ Item # 8 Attachment number 1 \nPage 54 of 55 POLICE SERVICE TECHNICIAN PAY RANGE P-44 Step October, 2012 Biweekly October, 2013 Biweekly 1 $1,177.15 $1,206.58 2 $1,236.01 $1,266.91 3 $1,297.81 $1,330.26 4 $1,362.70 $1,396.77 5 $1,430.84 $1,466.61 6 $1,502.38 $1,539.94 7 $1,539.94 $1,578.44 8 $1,578.44 $1,617.90 9 $1,617.90 $1,658.34 10 $1,658.34 $1,699.80 11 $1,699.80 $1,742.30 12 $1,742.30 $1,785.86 POLICE SERVICE TECHNICIAN SUPERVISOR PAY RANGE P-50 Step October, 2012 Biweekly October, 2013 Biweekly 1 $1,349.74 $1,383.48 2 $1,417.23 $1,452.66 3 $1,488.09 $1,525.29 4 $1,562.49 $1,601.55 5 $1,640.62 $1,681.63 6 $1,722.65 $1,765.71 7 $1,765.71 $1,809.86 8 $1,809.86 $1,855.10 9 $1,855.10 $1,901.48 10 $1,901.48 $1,949.02 11 $1,949.02 $1,997.74 12 $1,997.74 $2,047.69 Item # 8 Attachment number 1 \nPage 55 of 55 POLICE OFFICER PAY RANGE P-56 Step October, 2012 Biweekly October, 2013 Biweekly 1 $1,710.43 $1,753.19 2 $1,795.95 $1,840.85 3 $1,885.74 $1,932.89 4 $1,980.03 $2,029.53 5 $2,079.03 $2,131.01 6 $2,184.28 $2,238.89 7 $2,238.89 $2,294.86 8 $2,294.86 $2,352.24 9 $2,352.24 $2,411.04 10 $2,411.04 $2,471.32 11 $2,471.32 $2,533.10 12 $2,533.10 $2,596.43 Item # 8 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Supervisors bargaining unit will expire on September 30, 2012. City management staff and representatives of the Fraternal Order of Police Supervisors unit began discussions in November of 2011 regarding a new collective bargaining agreement in conjunction with negotiations over proposed changes to the City Pension Plan. On December 6, 2011, the parties reached a tentative agreement for a new contract as part of a package deal that included the proposed Pension Plan changes. The bargaining agreement and proposed Pension Plan changes were subsequently submitted by the Union to its bargaining unit, which ratified the agreement on December 13, 2011. The agreement is a three-year contract, providing for no general wage increase but allowing instead for merit step increase advancement only in the first year and in the third year, and providing for a 2.5% across-the-board general wage increase with no step advancement in the second year. The agreement also precludes the City from contracting with another entity to supplant or displace any budgeted positions currently represented within the bargaining unit for the duration of the agreement. There are no other significant changes to the existing contract language. Costs will be included in the proposed budgets for each year of the agreement. The costs associated with the implementation of this agreement are anticipated to be approximately as follows: Fiscal Year 2012/2013 (Steps only): $21,000 Fiscal Year 2013/2014 (GWI only): $87,500 Fiscal Year 2014/2015 (Steps only): $21,500 TOTAL: $130,000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 9 Attachment number 1 \nPage 1 of 48 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE SUPERVISORS BARGAINING UNIT 2012  2013 2013  2014 2014  2015 Item # 9 Attachment number 1 \nPage 2 of 48 Item # 9 Attachment number 1 \nPage 3 of 48 TABLE OF CONTENTS Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreement ..................................................... 1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties ............................................................................. 3 Officers Bill of Rights ................................................................................... 3 City’s Management Rights ............................................................................ 4 Union Rights .................................................................................................. 5 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 8 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 11 Article 7 Personnel Practices ...................................................................... 12 Police Sergeant and Lieutenant Duties ..................................................... 12 Special Duty Call Out .................................................................................. 12 Probation ...................................................................................................... 12 Promotional Procedures ............................................................................. 13 Certification and Appointment .................................................................. 13 Removal of Names from Eligibility List ................................................... 13 Productivity .................................................................................................. 14 Training ......................................................................................................... 14 Light Duty Assignment ............................................................................... 14 Personnel Records ....................................................................................... 15 Residency Requirements ............................................................................. 15 Tobacco Product Usage .............................................................................. 15 Seat Belts and Safety Gear .......................................................................... 15 Physical Examinations, Inoculations, and Fitness .................................. 16 Outside Employment .................................................................................. 16 Funeral Detail ............................................................................................... 17 Take-Home Vehicles ................................................................................... 17 Legal Protection ........................................................................................... 17 Copies of Municipal Code .......................................................................... 17 Paycheck Issuance ....................................................................................... 18 Item # 9 Attachment number 1 \nPage 4 of 48 Article 8 Leaves of Absence ........................................................................ 18 Designated Holidays .................................................................................... 18 Floating Holidays ......................................................................................... 19 Vacation ........................................................................................................ 19 Sick Leave ..................................................................................................... 21 Bonus Leave Days ....................................................................................... 23 Leave Pool .................................................................................................... 24 Funeral Leave ............................................................................................... 25 Military Leave ............................................................................................... 26 Time Off ....................................................................................................... 28 Leave Without Pay ...................................................................................... 29 Article 9 Wages & Compensation ............................................................... 30 Wages ............................................................................................................ 30 Work Week and Overtime ......................................................................... 32 Compensatory Time .................................................................................... 32 Shift Differential .......................................................................................... 32 Standby .......................................................................................................... 33 Recall ............................................................................................................. 33 Acting Pay ..................................................................................................... 33 Job Assignment Pay .................................................................................... 34 Canine Assignment ...................................................................................... 34 Court Attendance and Standby Time ....................................................... 35 Line-of-Duty Injury ..................................................................................... 36 Uniform Allowance ..................................................................................... 37 Tuition Refund ............................................................................................. 37 Article 10 Insurance ...................................................................................... 38 Article 11 Performance & Discipline ............................................................ 39 Article 12 Drug & Alcohol Policy ................................................................. 40 Article 13 Retirement .................................................................................... 41 Article 14 Seniority, Layoff, and Recall ........................................................ 41 Article 15 Duration, Modification, & Termination ...................................... 43 Appendix A Pay Schedules ..................................................................................i Item # 9 Attachment number 1 \nPage 5 of 48 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Supervisors bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 816, dated October 20, 1988, which certification is limited to Police Sergeants and Police Lieutenants. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement 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 the mutual agreement of both parties. This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereof. Item # 9 Attachment number 1 \nPage 6 of 48 Section 3. Severability and Waiver Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses 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. The exercise or the non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such rights or the right to exercise them in the future. Section4. Existing Rules Any Police Department rule, regulation, policy or procedure in existence at the time of adoption of this Agreement which is in conflict with any provision of this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with Department regulations governing their employment as set forth in any Departmental procedures and such special and general orders and written communications now existing or which may hereafter be established which are not in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended and posted rule or regulation until at least forty-eight (48) hours after initial posting. The President of the Clearwater Supervisors Bargaining Unit shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct or performance for members of the bargaining unit. ARTICLE 2 REPRESENTATIVES OF PARTIES Section1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of the Agreement and each replacement therefore during the term of the Agreement. Authorized representatives shall be defined as the elected Officers of the Union including those appointed as stewards in accordance with this Agreement, provided that notification has been provided in writing to the Office of the Police Chief and to the City Manager or his/her designee at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize an individual as an authorized representative of the Union. Item # 9 Attachment number 1 \nPage 7 of 48 Section 2. The Union agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees covered hereunder shall seek to involve the Mayor-Commissioner or Commissioners in the administration of the Agreement, or otherwise in the operation of the City's Police Department, provided that nothing contained herein shall restrict an employee's right to present non-employment related matters to such elected officials. All matters relating to grievances shall be processed only through the grievance procedure chain of command. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbitrary or capricious manner. Section 2. Police Officers' Bill of Rights It is understood and agreed that all unit members shall enjoy those protections afforded under Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes, commonly known as the Law Enforcement Officer's Bill of Rights. Section 3. The City agrees to continue its policy of not discriminating against any employee for any reason prohibited by applicable state or federal law. Any claim of discrimination by any employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of the Grievance Article of this Agreement, but shall be subject to the matter of review prescribed by law or by rules and regulations of appropriate state or federal agencies having the force and effect of law. Section 4. The Union and its representatives agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Section 5. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and the Union and the City shall not discriminate against any such employee because of membership or non-membership in any employee organization. The Union acknowledges that it is the sole representative of bargaining unit employees. However, the Union has no obligation to prosecute grievances under this Agreement for non-members. Item # 9 Attachment number 1 \nPage 8 of 48 Section 6. Citys Management Rights A. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The sole and exclusive rights of management include, but are not limited to, the following: (a)to manage the City generally and to determine the issues of policy; (b)to determine the existence or nonexistence of facts which are the basis of management decisions; (c)to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; (d)to determine the nature, manner, means, and technology, and extent of services to be provided to the public; (e)to determine methods of financing and budgeting; (f)to determine the types of equipment and technology to be used; (g)to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; (h)to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City; (i)to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; (j)to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary reasons; (k)to establish and modify productivity and performance programs and standards; (l)to discharge, suspend, demote, or otherwise discipline employees for just cause; (m)to determine job classifications and to create, modify or discontinue jobs; (n)to hire, transfer, promote, and demote employees; (o)to determine policies, procedures, and standards for selection, training and promotion of employees; (p)to establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith; Item # 9 Attachment number 1 \nPage 9 of 48 (q)to maintain order and efficiency in its facilities and operations; (r) to establish and promulgate and/or modify rules and regulations and standard operating procedures including, but not limited to, Civil Service rules; (s)to take any and all necessary action to carry out the mission of the City and the Police Department in emergencies. B. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement, and except as provided below, the City agrees to deduct the basic and uniform membership dues owed by the employee to the Union on a biweekly basis, provided that prior to any such deduction the Union has provided the City with a signed statement from each said employee for whom dues are to be made that such deduction is authorized, and provided further that such authorization is in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City and the Union and shall be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. The City will not deduct any Union fines, penalties or special assessments from the pay of any employee. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance, or other standard or legally required deductions, are not sufficient to cover the basic and uniform membership dues, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Indemnification -- 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 in complying with this Agreement. 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. C. Stewards -- The stewards of the Union shall consist of the elected officers of the Union, subject to a limit of four persons and four alternates. If the Union has more than four officers, it shall designate the four who will serve as stewards. The Union will submit a list of the four elected officers who will serve as stewards and the four alternates to the Police Chief and to the City Manager or his/her designee. Item # 9 Attachment number 1 \nPage 10 of 48 Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union president who shall designate a representative to serve the member. A steward shall not investigate or otherwise handle grievances during working hours without the specific, expressed consent of the Division Commander. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. D. Union Time -- The Union shall be allowed up to 300 hours of time off without loss of pay per year for the purpose of attending official F.O.P. or bargaining unit functions, meetings or conferences. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this Union time shall be made in advance in writing by an elected officer of the Clearwater Supervisors Bargaining Unit or Union Steward as described above to the immediate supervisor of the bargaining unit member who will be utilizing the requested union time. The Police Chief or his/her designee will grant such time off without loss of pay provided that, in his/her sole and unlimited discretion, the efficiency of operation of the Department will not be interfered with or impaired. Any portion of the Union time not used in an annual period, which shall be defined as a contract year beginning with ratification, shall be forfeited and shall not be carried forward into the next annual period. Bargaining unit members utilizing Union time under the provisions of this Section 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 when such requires a Union member to be off duty for periods in excess of two (2) consecutive work shifts. Extension of any consecutive time off for Union members over and above two (2) consecutive shifts may be granted solely at the discretion of the Police Chief. Joint related business between the City and the Union shall not be subject to deduction from Union time under this Section when an employee is directed by the City to attend. However, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. E. Union Notification Media -- The City agrees to provide space (not less than 24 inches by 24 inches) on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings and other official Union information. The Police Chief or his/her designee shall first or transmission of F.O.P. official review and approve or not approve any such posting information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political candidates or political office. F. Rules and Regulations and Memorandums -- The designated representative of the Union shall have a copy distributed to his/her mail box of any written departmental memorandum, rule, regulation, order or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. Item # 9 Attachment number 1 \nPage 11 of 48 The designated representative of the Union shall be forwarded a copy of the agenda from the City Clerk's office of any regular City Commission meeting in the same manner that the Chief of Police is forwarded a copy. G. Copying of Agreement -- The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement. Every bargaining unit member will be provided a copy of the Agreement. The Union shall be responsible for providing copies to its members. The Union may request that such provision of copies be accomplished by the City during new employee orientation classes. H. Use of Copying Equipment -- The City agrees to allow the Union's officers to use the departmental copying equipment while off duty under the following conditions: (a)The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b)The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c)Department business will of course take priority and the Union will only be allowed to make copies when the Department is not otherwise using the copier. I. The Union shall designate a Civil Service Liaison Officer who may, on request, be relieved from duty with no loss of pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operation of the Department will be interfered with or impaired in the sole and unlimited discretion of the Chief of Police or his/her designee. In addition, two Union officers may, on request and at the discretion of the Chief or his/her designee, be relieved from duty with no loss of pay for the purpose of attending official Union meetings, unless the efficiency of operation of the Department will be interfered with or impaired. J. The President of the Clearwater Supervisors Bargaining Unit or his/her designee shall be forwarded a copy of the agenda in advance of every regular City Commission meeting. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, 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 agencies or representatives of the Union or its affiliates. Section 2. Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Item # 9 Attachment number 1 \nPage 12 of 48 Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, the employee 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 support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperation shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as a timely complaint by an employee within the bargaining unit regarding the interpretation or application of specific provisions of this Agreement. The grieving individual must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance. Any grievance relating to disciplinary action shall be signed by the employee initiating the grievance. A grievance relating to an alleged contract violation other than disciplinary action may be filed by, and signed by, the Union on behalf of an employee(s) but must specify the affected employee(s) by name. All information must be furnished. No grievance may be amended from the original written grievance filed at the initial step of the grievance procedure. The Union agrees to deliver copies of the initial grievance and of each successive written step of processing for the grievance to the City Manager or his/her designee within forty-eight (48) hours of its submission to the appropriate official within the Police Department. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement. Where the term "working days" is used in this Article, it shall refer to Monday through Friday. Saturdays, Sundays, and days designated as holidays for managerial employees of the Police Department or the City Manager's office are excluded from the term "working days." The time limits for filing the grievances and processing subsequent steps in the grievance process shall be strictly construed, but may be extended by mutual agreement evidenced in writing and signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth hereunder shall automatically move the grievance to the next level in the grievance process. Item # 9 Attachment number 1 \nPage 13 of 48 Probationary employees shall not have access to the grievance procedure for failure to satisfactorily complete the probationary period, but will be allowed to grieve other forms of discipline for which they are charged for specific infractions or violations of City or departmental rules, regulations, orders or other documents regulating conduct. The right of management to demote a probationary employee for failing to meet standards is absolute and no specific reason shall be given. Section 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter that is defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Section 4.Formal Processing of Grievances Initiated By Employee The aggrieved employee may request that a Union representative be present at any time during the grievance procedure. STEP 1 An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his/her grievance in writing to the Police Captain in his/her respective Division, or to the Deputy Police Chief if the employee is not assigned to a specific Division Captain, within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The written grievance at this step, and at all steps thereafter, shall contain the following information: 1.A statement of the grievance including date of occurrence, details, and the facts upon which the grievance is based. 2.The Article and Section of the Labor Agreement alleged to have been violated. 3.The action, remedy, or solution requested by the employee. 4.Signature of aggrieved employee and Union representative. 5.Reason for rejection of management's answer, if appealed (Steps 2 and 3 only). 6.Date submitted. Grievances submitted at this step shall be reviewed and returned to the grievant if the form does not contain the above information. The grievant shall be notified of the insufficiency and afforded an opportunity to correct and resubmit the grievance within two (2) working days of its being returned to him/her. As used in this Article, the term "employee" shall also mean a group of employees having the same grievance. In such event, one aggrieved employee shall be designated by the group of employees to be responsible for processing the grievance. The Police Captain or Deputy Police Chief receiving the initial grievance shall review the grievance and meet with the employee and a Union representative if one is requested and shall submit a response in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. The written response at this step and all steps thereafter shall contain the following information: Item # 9 Attachment number 1 \nPage 14 of 48 1.An affirmation or denial of the facts upon which the grievance is based. 2.An analysis of the alleged violation of the Agreement. 3.The remedy or solution, if any, to be made. 4.Signature of the appropriate management representative. Where the Police Captain or Deputy Police Chief determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to the Police Chief within ten (10) working days from receipt of the response in Step 1. Such submission of the grievance at Step 2 shall be in writing. The Police Chief or designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7) working days following receipt of the grievance at Step 2, meet with the aggrieved employee and a Union representative if one has been requested. The Police Chief or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than seven (7) working days following the meeting day with the employee. STEP 3 If the grievance is not resolved at Step 2, the grievance and all responses thereto may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was provided in Step 2. At the request of the employee, the City Manager or his/her designee shall meet with the employee and a Union representative if one has been requested. The City shall determine who shall meet with the employee. Within ten (10) working days of the meeting with the employee, the City Manager or his/her designee will notify the aggrieved employee, in writing, of his/her decision. 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 or to have been dropped by the grievant. Section 5.Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the authorized representative of the Union. Such notice shall indicate the provision of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 6 of this Article. Item # 9 Attachment number 1 \nPage 15 of 48 Section 6.Grievance Arbitration In the event that a grievance is still unresolved after Step 3 in Section 4 above or as provided in Section 5 above, the matter may be submitted to final and binding arbitration as provided in this Section. A.Within ten (10) working days of the decision of the City Manager or his/her designee, the aggrieved party shall notify the City Manager or his/her designee of intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, then the other party shall strike a name. The process shall be repeated and the remaining name shall be the arbitrator selected. The arbitrator shall be notified of his/her selection. As promptly as can be arranged, but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held. In the event that the arbitrator selected is not available within the thirty (30) day time frame, the parties shall immediately obtain a new list from the Federal Mediation and Conciliation Service and select another arbitrator using the same process as previously referenced. B.Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the parties. C.The decision of the arbitrator shall be final and binding upon both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to, or subtract from the terms of this Agreement in rendering his/her decision and such decision shall be limited to determination and interpretation of the explicit terms of this Agreement. If the City has denied the grievance on the basis that it was not timely filed and processed as required by this Article and if the arbitrator finds that the grievance was not timely filed or processed, then the arbitrator shall have no power to grant relief. No decision of the arbitrator shall create a basis for retroactive adjustment in any other case. D.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 thirty (30) calendar days from the date of the hearing. E.The arbitrator shall arbitrate solely the issue presented. F.Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based solely on the originally written grievance submitted in the grievance process. Section 7. Grievances arising out of the discharge, demotion, or suspension of a bargaining unit employee shall be initiated at Step 3 of the grievance procedure. Item # 9 Attachment number 1 \nPage 16 of 48 ARTICLE 7 PERSONNEL PRACTICES Section1. Duties of Police Sergeants and Police Lieutenants A. The Union agrees that the duties of Police Sergeants and Police Lieutenants involve both the performance of general police duties and the supervision of designated police personnel. The City agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B. The City agrees that Police Sergeants and Police Lieutenants shall not be required to change automobile tires except in emergencies; nor shall they be required to manually push disabled motor vehicles. However, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Section 2. Special Duty Call Out A.All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than five (5) working days prior to that event. B.This Section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C.Employees assigned to the criminal investigation division, patrol special operations section, traffic section, or community policing teams are subject to adjustments of their hours and/or days to meet the circumstances at hand. As much notice as possible will be given when adjustments are necessary, but it is understood that hours must be flexible. Section 3. Probation An employee initially appointed or promoted to a class within the bargaining unit (Police Sergeant or Police Lieutenant) shall serve a probationary period of six (6) months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Police Chief his/her suitability for the job. In the event the employee is for any reason absent from duty for an accumulated period of eighty scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. The employee shall attain regular status in the class at the completion of the six-month period, unless the Department has notified Human Resources with just cause for withholding such status. An employee, who during the probationary period does not demonstrate suitability for the class as determined by the Police Chief, shall be notified in writing and shall be demoted to his/her former classification. An employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and/or return to his/her former position. Item # 9 Attachment number 1 \nPage 17 of 48 Section 4. Promotional Procedures A. Eligibility -- All Police Sergeants who have completed the promotional probationary period successfully and who have served one year as a Sergeant following successful completion of the probationary period shall be eligible to compete in the promotional process held by the City for the classification of Police Lieutenant provided they have met the minimum qualification requirements established by the City. B. Evaluation Process -- The promotional process shall be competitive. It shall be based upon an evaluation of the education and training of the candidates and their experience in the Clearwater Police Department. C. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this Agreement. Section 5. Certification and Appointment The Human Resources Department shall provide in alphabetical order a certified promotional list for the filling of a vacancy in a permanent position. The Police Chief shall provide each certified eligible with the opportunity to be interviewed for the designated vacancy, provided however that if a candidate has been interviewed within the past one hundred and twenty (120) days for the position of Police Lieutenant, such candidate shall not have to be interviewed. (All such candidates shall be treated uniformly as to being re-interviewed or not being re-interviewed.) Selection from the Eligible List shall be at the sole discretion of the Police Chief and shall not be grievable. Section 6. Removal of Names from Eligible List Names of eligibles for Police Lieutenant shall be removed from the Eligible List by operation of any one of the following: (a)Appointment through certification and selection from such list to fill a permanent position of Police Lieutenant. (b)Declination of appointment when appointment is offered by the Police Chief. (c)Separation from the City service of the eligible. (d)Removal from the employment area designated by the City when such residence was required as a condition of employment or previous promotion. Item # 9 Attachment number 1 \nPage 18 of 48 (e)Determination by the City that the eligible willfully or knowingly gave false or wrong information, withheld information, or was evasive in responses relating to his/her employment background, training, education or character. Section 7. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and cost effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of police and related public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 8 Training In addition to the training required by the State for certification or recertification, schools, training and career development courses as determined by the Department will be made available to all bargaining unit members. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. All time spent in training which has been duly authorized by the Department shall be compensated as hours worked unless all four of the following are met: (1) attendance at the training is andand voluntary (2) the training occurs outside the employee’s regular work hours (3) the employee and performs no productive work (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Federal Fair Labor Standards Act. The Department will select officers for attendance based on the needs of the Department. Section 9. Light Duty Assignment A.In the event an employee in the bargaining unit is unable to work at full-time duty but is certified by a licensed physician to work light or limited duty, subject to the availability of light or limited duty the City may assign such employee to an appropriate work assignment within the City of Clearwater work force. However, assignments in any Department other than the Police Department shall occur only in the event there are no available positions within the Police Department which the officer would be capable of performing. Assignments outside the Police Department shall be limited to only those positions which the officer is capable of performing, or would be capable of performing with a reasonable amount of on-the-job training and effort, based on the officer's physical ability, suitability to the work to be performed, and skills required to perform the work. B.The City shall have the right to direct an employee to a licensed physician of its choice to determine if the employee is fit to work light or limited duty. Item # 9 Attachment number 1 \nPage 19 of 48 C.Failure of the employee to work light or limited duty when assigned may be grounds for disciplinary action. Section 10. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to any citizen pursuant to a request therefor, the City agrees to abide by current federal and state law and will not release any portion of the employee's file which is not required to be released by law. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work. Section 11. Residency Requirement Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County, and Hillsborough County from the western boundary eastward to Interstate 75 only. When response times are an operational factor in special duty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Chief of Police to reside outside the specified areas. Violation of this provision may be grounds for discipline. Section 12. Tobacco Product Usage Employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the City’s Tobacco Product Usage Policy. Section 13. Seat Belt and Safety Equipment Use All employees are required to wear seat belts when driving or riding as a passenger in any City vehicle or in a personal vehicle while on city business, except in cases of operational necessity or when a city vehicle does not have available seat belts. Whenever the employee is furnished with City safety gear, he/she shall wear it whenever he/she is required to wear safety gear on duty. The City shall issue each bargaining unit member with a bulletproof vest upon the request of the officer; provided however that it shall be just cause for disciplinary action if an officer issued a vest does not wear it as required while on field duty assignments in the Patrol uniform. Bulletproof vests shall be accessible to bargaining unit members for use where required in situations as defined by Departmental policy. An employee who has requested a bulletproof vest shall not be placed on patrol duties or hazardous assignments until such equipment has been issued. Item # 9 Attachment number 1 \nPage 20 of 48 Section 14. Physical Examinations, Inoculations, and Fitness A.The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. The City will provide free and mandatory annual physical examinations for each employee (to include an optional mammogram for females). The employee may submit proof of satisfactory completion of an equivalent physical examination by a physician of his/her choice. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be counseled by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. B.In the event that the Department determines that an officer requires an inoculation or immunization, then the same immunization or inoculation will be made available to the members of the employee’s household. C.Physicals will be administered no less than ten (10) months and no more than eighteen (18) months apart. D. The Department will attempt to schedule physicals while the employee is on duty. Any annual physical fitness exam will also be administered during the employee’s on-duty time. Work schedules of affected employees may be subject to change in order to accomplish this objective but only if the examinations cannot be scheduled during normal work hours. Employees may also be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. It is the employee’s responsibility to ensure that they physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift or other work hours that the employee has been permitted to flex. The maximum amount of flex time permitted for employee physicals shall be two hours per office visit up to a maximum of two visits unless otherwise authorized in advance by the Department. E. 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 completely 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. Section 15. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service or the Departmental Rules & Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief, or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. Item # 9 Attachment number 1 \nPage 21 of 48 The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon mutual agreement of the parties. Section 16. Funeral Detail A.The Department shall permit one employee of this bargaining unit to be part of a funeral detail and permit this detail to attend the funerals of any law enforcement officer within the State of Florida who loses his/her life in the line of duty. B.The City will supply the funeral detail with a marked cruiser for the purpose of attending funerals as provided in (A) above. C.The City shall not be responsible for the payment of expenses of this detail such as gas, oil, lodging, and meals. D.In the event the bargaining unit member who serves as the F.O.P. funeral detail is on-duty at the time of the funeral, he/she shall be released without loss of pay, provided however, that such member shall not be eligible during such time off for workers’ compensation benefits in case of injury. E.This provision shall not be subject to any grievance procedure. Section 17. Take-Home Cars The City reserves the exclusive right to determine if and when bargaining unit members shall be allowed to take city vehicles home and further retains the right to discontinue any current usage at any time. Section 18. Legal Protection The City agrees to defend any member of this bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111.065, 111.07, 768.28(9), and 768.28(19) FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to employees upon request. Item # 9 Attachment number 1 \nPage 22 of 48 Section 20. Paycheck Issuance Paychecks shall be available on the same day that the paycheck is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Effective 60 days following the date of approval of this Agreement by the City Council, employees shall be required to elect to receive the entirety of their 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 14 days written notice is given to the City’s payroll division. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A.There shall be nine (9) paid holidays. They shall be: New Year's Day January 1st Martin Luther King Day Federal Holiday Presidents Day Federal Holiday Memorial Day Federal Holiday Independence Day July 4th Labor Day Federal Holiday Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25th The City shall permit the use of bargaining unit seniority with existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. B.In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged vacation leave for the holiday and/or the employee's vacation shall be extended one day. C.In the event that one of the above named holidays occurs while an employee is on paid sick/injury leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick/injury leave pay for that day. In the event the employee is on sick/injury leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D.Employees who work on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. Item # 9 Attachment number 1 \nPage 23 of 48 E.An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an employee's regular day off, 8-hour and 10- hour employees are paid eight (8) hour's holiday pay. (Both types of employees have worked 40 hours and are paid 48 hours -- a full week plus one (1) holiday.) F.An employee who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. G.Floating Holidays -- In addition to the holidays named above, employees shall be entitled to four (4) floating holidays. These days may be days off with pay and taken at the employee's request provided that operations will not be interfered with and provided further that such days shall be taken in full-day increments. Floating holidays shall be awarded at the end of the first payroll period of the payroll calendar year and must be taken by the end of the last payroll period of the same payroll calendar year. An employee may elect to take up to four floating holidays as a cash stipend. In such case, the employee will be paid at the rate of eight (8) hours for each floating holiday for which the employee makes this election. Section 2. Vacations A.Accrual of Vacation Leave Vacation leave shall accrue on a bi-weekly basis based on hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Biweekly Accrual Vacation Hours 0 3.077 0 1 – 2 3.077 80 3 3.385 88 4 3.692 96 5 4.000 104 6 4.308 112 7 4.615 120 8 – 10 4.923 128 11 5.231 136 12 5.538 144 13 – 14 5.846 152 15 – 19 6.154 160 20 & Over 6.462 168 Item # 9 Attachment number 1 \nPage 24 of 48 B.Use of Vacation Leave 1.All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. Accrued vacation shall be authorized in any amount provided it does not adversely affect department operations. 2. If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation leave in increments of tenths of an hour. 3. The borrowing of vacation time prior to its accrual is prohibited. 4. There is no advancing of vacation pay. 5. Employees may take compensatory time off in conjunction with a regular vacation if authorized. C. Maximum Accrual of Vacation Leave The maximum amount of vacation leave that may be accumulated is 320 hours. D.Payment and Accrual During Military Leave 1.An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2.An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 320 hours. E.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 for more than three (3) consecutive days 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 Funeral Leave provisions of this Agreement. F.Payment of Unused Vacation Leave 1.Payment of unused vacation leave will be paid upon retirement or voluntary separation of the employee up to a maximum of 320 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Item # 9 Attachment number 1 \nPage 25 of 48 Section 3. Sick/Injury Leave A.Sick Leave Accrual Employees shall accrue Sick Leave each payroll period based on hours in a paid status. Employees shall accrue 3.693 hours of sick leave on a biweekly payroll basis -- (i.e., an employee on a 40-hour work week earns twelve (12) days per payroll calendar year). B.Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. C.Sick Leave Balance Transfers and Restoration 1.Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2.Sick leave balances remain the same upon transfer to another department or classification. 3.No sick leave balances are restored after a break in service. D.Calculation for Use of Sick Leave Sick leave may be authorized for increments of tenths of an hour. E.Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: 1.Due to personal illness or physical incapacity. 2.Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3.Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. Item # 9 Attachment number 1 \nPage 26 of 48 4.Due to illness of a member of the employee’s immediate family which requires the employee’s personal care and attention. “Immediate family” shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse or other family member living in the “immediate household.” F. Authorization of Sick Leave 1.An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time the specific reason and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2.Failure to do so may be the cause for denial of sick leave and other disciplinary action. G.Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours. 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. Payment shall be made provided: 1.The employee has had at least twenty (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 employee is receiving Workers Compensation shall not be deducted from continuous service; or 2.That 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. 4.An employee who has been dismissed for cause shall have no claim for sick leave payment. An employee may request that one-half (1/2) the payment for unused sick leave be made at separation and one-half (1/2) the payment be made in the first payroll period in the next calendar year. H.Injury From Other Employment An employee may not utilize accumulated sick leave 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 suspended or terminated. Item # 9 Attachment number 1 \nPage 27 of 48 I.Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. J.Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used in full-day increments. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. Amount of Sick Leave Bonus Leave Days Assigned Shift Used Awarded Eight or Ten-Hour Shifts Zero Time 2 More than zero time but less Eight or Ten-Hour Shifts 1 than 2 days More than zero time but less Combination of Eight 1 than 2 days combined as: and Ten-Hour Shifts · 2 Eight-hour days · 2 Ten-hour days · 1 Ten-hour day and 1 Eight-hour day 1. A payroll calendar year begins with the first day of the first payroll period for the first pay check date in the calendar year and ends with the last day of the last payroll period for the last pay check in the calendar year. 2.Bonus Leave Days are not included in overtime calculations. 3.Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Item # 9 Attachment number 1 \nPage 28 of 48 Section 4. Leave Pool A joint leave pool will be established by the members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A.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 thirty (30) calendar days. B.A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purposes and limitations. 1.The committee shall consist of two (2) members designated by each bargaining unit, and one employee designated by the other four members. 2.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. 3.The committee’s decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. 4.Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year unless the number of days in the leave pool becomes less than fifty days, whereby the committee may open up the opportunity for additional donations to be made during the calendar year. (a)No employee shall be permitted to donate more than four (4) days of leave per year to the pool unless modified with the prior approval of the City Manager. (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 eight-hour or ten-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 # 9 Attachment number 1 \nPage 29 of 48 5. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool with the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. 6. 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 eight-hour or ten-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.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. 7. 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 5. Funeral Leave A.Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick/injury leave in the event of a death in the "immediate family." “Immediate family” shall be defined as the following members: spouse, child, stepchild, mother, stepmother, father, stepfather, grandfather, grandmother, grandchild, brother, or sister of the employee or the employee’s spouse. B.Additional funeral leave for a death in the immediate family may be granted with the approval of the Police Chief. C.Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the "extended family" chargeable to sick/injury leave. "Extended family" shall be defined as the following family members: stepbrothers, stepsisters; brother's wife; sister's husband or other family member living in the employee’s immediate household. Additional time, chargeable to sick/injury leave, may be granted with the approval of the Police Chief. D.An employee must attend the funeral in order to receive pay for a death in the family. Item # 9 Attachment number 1 \nPage 30 of 48 Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her and on completion thereof, be reinstated in the City service in accordance with the following regulations: A.Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by federal law: 1.For inductees, the minimum period of time required to be served; 2.For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served; 3.For reservists, the minimum period of time required to be served. 4.For pre-induction physical examination when so ordered by a Selective Service Board,. time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two (2) regularly scheduled work days; 5.For required active or inactive training duty as a member of the Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hours per year without loss of seniority rights or efficiency rating. Absence from duty for required military reserve training in excess of 240 hours per year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted time off without pay. The employee shall be required to provide timely notice to the City of such training assignments. Failure to provide any of the timely notices herein required of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. B.For the purpose of this Section, "armed forces" shall be defined to include: 1.The Army, Navy, Marine Corps, Air Force, Coast Guard and National Guard. 2.The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. Item # 9 Attachment number 1 \nPage 31 of 48 C.Application for reinstatement must be made within ninety (90) calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D.Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1.If still qualified to perform duties of his/her former position, the employee shall be restored to such position or to a position of like seniority, status and pay; 2.If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3.In the event there exists no vacancy in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off or returned to a former position in which the employee had acquired permanent status and the returning employee reinstated. 4.If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off or returned to a former position in which he/she had acquired permanent status and the returning employee reinstated. 5.A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examinations after return that he/she would have been eligible to take had he/she not been on military leave and to complete any uncompleted period of probation. No grievance shall be filed by any other employee in connection with this paragraph. 6.The employee shall submit to such medical and/or physical examinations as the appointing authority shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the appointing authority shall deem suitable under the circumstances. 7.Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. 8.An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in this Agreement, applicable Civil Service/Personnel Rules, or City benefit policies, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. Item # 9 Attachment number 1 \nPage 32 of 48 An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons when such time off does not in the judgment of the Police Chief interfere with the operations of the Department: 1.For participation in promotional examinations held by the City. 2.For serving on a jury. The employee shall be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3.When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, safety meetings or other meetings, including in-service training or in-service meeting. Employees who wish to attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be in accordance with Article 7, Section 8 of this Agreement. B. An employee may be granted time off without pay for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided that such time off will not affect the efficient operation of the Department in the sole and unlimited discretion of the Police Chief. C. With the prior approval of the City Manager and Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, or employees or their spouses, or for military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to a total of two designated Honor Guard members from the Department, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Time off with compensation under any of the provisions of this Agreement (including vacation and sick/injury leave) shall not be required to be made up. Item # 9 Attachment number 1 \nPage 33 of 48 Section 8. Leave Without Pay A. A regular employee may, on written application therefor, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1.The physical or mental disability of the employee; 2.The employee has announced his/her candidacy for public office; 3.The employee is entering upon a course of training and/or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service; 4.Extraordinary reasons, sufficient in the opinion of the City Manager, to warrant such leave of absence. 5.Maternity/child care leave in accordance with the City’s Family and Medical Leave Act Policy to enable a parent to care for a newborn, newly adopted, or seriously ill child, provided however that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. B. Leave for any of the above reasons shall be subject to the following regulations: 1.Such leave shall not be granted for more than six (6) months, but may under the provisions of the paragraphs above be renewed upon written application therefore by the employee and approval of the City Manager. 2.An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3.In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the reemployment list for the class or positions nearest approximating that in which he/she was employed immediately prior to such leave, provided the employee is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same reemployment list, the names shall be arranged in order of seniority. Item # 9 Attachment number 1 \nPage 34 of 48 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with . Appendix A B.Rules for Administering the Pay Schedule Employees in the bargaining unit shall be eligible for performance review on their promotional anniversary date on an annual basis and considered for subsequent merit step advancement based on satisfactory evaluations, except as provided elsewhere in the provisions of this Section. Employees in the top step in their respective range shall not be eligible for merit increases; however, an annual performance evaluation shall be conducted on the employee's promotional anniversary date. Eligibility for review for within pay schedule increases shall be as follows: Police Sergeants Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Police Lieutenants Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. C.Responsibility for Performance Evaluations Performance evaluations shall be based on a review of the employee's job performance and adherence to departmental rules, regulations and procedures. Performance evaluations will be by the employee's immediate supervisor and reviewed by Police Department senior management personnel and the office of the Police Chief. D.Denial of Merit Step Advancement and Effect Upon Advancement Employees who receive an evaluation on their promotional anniversary date of less than Satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Item # 9 Attachment number 1 \nPage 35 of 48 Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement on that date. The effective date of this increase shall be utilized for the purpose of determining subsequent annual merit review dates. If the three-month follow- up rating is still less than satisfactory, the employee shall be reevaluated in another three months. If then rated satisfactory, the employee shall be provided a merit step advancement as of the second three-month follow-up review. The effective date of this increase shall be utilized in the future as their promotional anniversary date for the purpose of determining subsequent annual merit review dates. If still rated less than satisfactory, no merit step advancement shall be made and the employee will be evaluated on his/her regular promotional anniversary date. E.Effective for the period from October 1, 2012 through September 30, 2013, pay range minimums and maximums shall not be adjusted and employees shall not receive a general wage increase. Effective for the period from October 1, 2012 through September 30, 2013, employees shall be advanced in Step as provided for in Section 1 of this Article. Employees who are allocated to their respective final Step and who are rated Meets Standards on their annual performance evaluation during the period from October 1, 2012 through September 30, 2013 shall receive a lump sum bonus equivalent to two-and-one-half percent (2.5%) times their annual base rate of pay to be effective as of the date of the annual performance evaluation. Effective for the beginning of the payroll period that includes October 1, 2013, 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 for the period from October 1, 2013 through September 30, 2014, employees shall not be advanced in Step as provided for in Section 1 of this Article. The time period from October 1, 2013 through September 30, 2014 shall not be counted toward any future Step advancement. Effective for the period from October 1, 2014 through September 30, 2015, pay range minimums and maximums shall not be adjusted and employees shall not receive a general wage increase. Effective for the period from October 1, 2014 through September 30, 2015, employees shall be advanced in Step as provided for in Section 1 of this Article. Employee’s who are allocated to their respective final Step and who are rated Meets Standards on their annual performance evaluation during the period from October 1, 2014 through September 30, 2015 shall receive a lump sum bonus equivalent to two-and-one-half percent (2.5%) times their annual base rate of pay to be effective as of the date of the annual performance evaluation. Time counted toward step advancement shall commence from the date of the respective employee’s last Step advancement, shall exclude the period from October 1, 2013 through September 30, 2014, and shall resume October 1, 2014. Any further step advancements after September 30, 2015 will be dependant upon and subject to negotiations in any successor Agreement. The City agrees that for the period from October 1, 2012 through September 30, 2015, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Supervisor’s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. Item # 9 Attachment number 1 \nPage 36 of 48 Section 2. Work Week and Overtime A.Normal Work Week: The normal work week for employees in the bargaining unit shall consist of forty (40) hours of working time. Generally, the employee will work five (5) days of approximately eight (8) hours per day, or four (4) days of approximately ten (10) hours per day; however, the City and Department may otherwise establish and flex an employee's schedule as necessary in their judgment to best provide police services in an effective and efficient manner. No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B. Overtime: Employees shall be required to work overtime when scheduled or ordered by competent authority. Employees shall be paid time and one-half their regular rate for all hours worked after the employee has actually worked forty (40) hours in that work week. Only hours actually worked will count as hours worked for the purpose of computing overtime pay, unless otherwise specifically provided in this Agreement. Section 3. Compensatory Time Allowance Employees will be permitted to request to be granted compensatory time in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the employee's immediate supervisor. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employee. Employees shall be paid for all compensatory time upon separation from City service. Section 4. Shift Differential Employees shall be entitled to shift differential pay as follows: A. For purposes of computing shift differential pay, the following shift series and payments are established: Shift Series No. Hours Payment Per 14 Day Period 100 2400-0700 7% 200 0700-1600 0% 300 1600-2400 5% The shift differential payments shall be computed as a percentage of the employee's base pay. Item # 9 Attachment number 1 \nPage 37 of 48 B. An employee's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the employee's shift. Temporary shift or duty assignments of less than fourteen (14) calendar days shall not entitle an employee to shift differential pay. Employees shall maintain shift differential pay during temporary Series 200 shift or duty assignments of less than fourteen (14) calendar days. C. Shift differential pay shall be paid to any employee regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Section 5. Standby Pay A. Standby, other than court standby, for the purpose of this Section shall occur when the Police Chief or his/her designee places an employee on standby status and requires that the employee provides a telephone number at which he/she can be reached for the purposes of a Telephone Alert situation. B.An employee assigned to standby will receive a flat fee of: $15.00 per night, Monday through Friday (except Holidays) $30.00 per night for Saturday, Sunday, or any Holiday listed in Article 8, Section 1, Paragraph A of this Collective Bargaining Agreement. C.Only the Police Chief or his/her designee may place an employee on standby. This Section will only apply to Telephone Alert situations. Section 6. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, response to a lawful order for which the employee can be disciplined for his/her failure to comply. Recall specifically excludes court appearances. Police officers will be paid only for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked on the recall assignment. Section 7. Acting Pay If an employee is assigned to act in a higher classification for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), the employee shall receive five (5) percent above the employee’s base pay retroactive to the date the employee assumed the Acting status. When a bargaining unit employee is designated to serve in an acting capacity as a Police Captain, such employee shall remain eligible to receive shift differential pay, overtime, and assignment pay. Any provisions of this Agreement which restrict the City's ability to schedule hours of work or shifts shall not apply. Item # 9 Attachment number 1 \nPage 38 of 48 Section 8. Job Assignment Pay A.Sergeants who are assigned to the Criminal Investigations Division, Office of the Chief, Support Services Division, Traffic Unit, and the Field Training and Evaluation Program shall be granted job assignment pay at 5% over the employee’s current base rate of pay. Lieutenant who are assigned to the Criminal Investigations Division, Office of the Chief, Support Services Division, District Commanders, Special Operations, and the Field Training and Evaluation Program shall be granted job assignment pay of 5% over the employee’s current base rate of pay. B. Sergeants who are assigned to Community Policing Squads, Mobile Command Center operator, Patrol Support Supervisor, SWAT Team, Canine Officer, Crime Scene Photographer, or Traffic Homicide Investigator shall be granted job assignment pay of the following amounts in addition to the employee’s current base rate of pay: October 1, 2012 through September 30, 2015 - $40 per payroll period C. An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D. The above referenced assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Should reduction of the number of employees in an assignment be necessary, such reduction shall be based upon the bargaining unit seniority of the employees in the affected assignment. Section 9. Canine Assignment A. Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B. Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. Item # 9 Attachment number 1 \nPage 39 of 48 C. No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective October 1, 2012 to September 30, 2015, a monthly allowance of $125.00 shall be provided for each dog kept at the employee’s home for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court and Standby Time Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive a minimum of three (3) hours pay if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time off, the employee will receive a minimum of two (2) hours pay. All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required scheduled work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. The three-hour minimum does not apply if prior to the end of the three-hour period: (a)The employee reports for duty. Standby pay stops at the time the employee reports for duty or court. (b)If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Item # 9 Attachment number 1 \nPage 40 of 48 Section 11. 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 Worker's Compensation Law. (c)The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Worker's 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. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d)No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability; provided however, that if the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. In such case, the sick/injury leave taken by the employee will be credited back to the employee's accrued sick/injury leave account. (Changes in workers' compensation law will modify this paragraph accordingly.) Employees shall be required to utilized accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees 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. (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 the injury. (f)It is the intent of this Section to provide supplemental compensation for line-of-duty injuries only, and thisSection 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. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on the active status. Any time taken off for follow-up doctor visits or therapy due to a line-of- duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave and shall be considered as time worked. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Worker's Compensation Law shall control. Item # 9 Attachment number 1 \nPage 41 of 48 (g) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (h)Failure to report a line-of-duty injury to the employee's immediate supervisor, or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under Article 13 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. It shall be the employee's responsibility to prove the injury occurred while on duty. (i)Any provisions of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniforms and Plain-Clothes Allowance A.Uniforms: The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment as it deems appropriate. B.Plain-Clothes Allowance: Employees assigned to positions outside the uniform patrol division and who are not issued uniforms or other clothing by the department shall receive a plain-clothes allowance of $900 each year for Fiscal Years 2012/2013, 2013/2014, and 2014/2015. Plain-clothes allowance shall not be paid to employees on temporary or rotational assignments. C.Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. D.The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly, monthly, quarterly, annually. Further, the City may change the manner in which the allowance is paid provided that employees are given not less than thirty (30) days' notice of the change and that the change does not reflect a reduction in the annual amount to be paid. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an amount of $1,500 per fiscal year for the period from October 1, 2012 through September 30, 2015, subject to meeting the approval and eligibility requirements of the City's program. However, the City shall reimburse up to $1,800 per year for tuition fees of approved courses in a Master’s Degree level program for the same period. Item # 9 Attachment number 1 \nPage 42 of 48 Employees in the bargaining unit must execute an Agreement to repay to the City any amount of Tuition Refund exceeding $650.00 reimbursed in a fiscal year period should such employee separate from the City within two (2) years of receipt of reimbursement. In the event that an employee separates from the City by retirement and opts to receive an extended sick/injury leave benefit, separation for the purpose of repayment of tuition refunds shall date from the employee's last actual work day and not the effective date of retirement. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater Unions' representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as it has available as would be required to formulate such a benefit package and to cooperate with the F.O.P. to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. 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 Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission medical insurance premiums for employees and their dependents for the duration of this to determine 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. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment st in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1, 2007 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. 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 of the employee’s choice from the companies offered by the City as approved by the Insurance Committee. Item # 9 Attachment number 1 \nPage 43 of 48 ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee who has successfully completed his/her probation period or extended probationary period as a Police Sergeant or Police Lieutenant shall be demoted, suspended or dismissed without just cause. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time they believe a meeting may lead to disciplinary action. The City, the Union or the employee may use any work history material as evidence to support or oppose a suspension or dismissal.. Section 2. An employee may also be issued a non-disciplinary “Employee Notice” by his/her Division Head. Prior to an Employee Notice being placed in an employee's file, a Police Sergeant will have the right to confer with the Division Head and a Police Lieutenant will have the right to confer with the Deputy Chief regarding the proposed Employee Notice. The Employee Notice will be retained in the employee’s Department file. At the end of two (2) years, if there is no reoccurrence, the Employee Notice will not be used for any future disciplinary action. The Employee Notice will be maintained and/or removed form the file in accordance with the State of Florida public records law. Section 3. Performance, behavior management, and disciplinary procedures shall be found in the current Police Department SOP’s and General Orders 211, 212, and 213. The City will notify the Union of any proposed change to the system of discipline or performance management. The Union will within a reasonable amount of time notify the City in writing of the specific impact of the proposed change and the intent of the Union to bargain the impact of the change to the system. Proposed changes will be consistent with sound personnel practice and may be implemented by the City provided that mandatory and permissive bargaining requirements have been met. The Police Department and the Union will continue the practice of Labor Management meetings to resolve these types of issues. The City acknowledges the right of the employee or Union to grieve the application of the process or the application of any individual performance or behavior management standards. Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. Item # 9 Attachment number 1 \nPage 44 of 48 ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. All bargaining unit employees will be fully informed of the employer's for cause 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. Police Captains and other management personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. Section 2.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 at least 30 calendar days 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 F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Section 3. Drug Testing Upon Designated Assignments A.Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1.The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2.Urine and blood samples shall be drawn or collected at a City-designated facility. 3.All testing shall be done by a laboratory certified by NIDA. Item # 9 Attachment number 1 \nPage 45 of 48 B.Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C.In the event that a Vice & Intelligence officer was required, as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance, within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT Section1. Employees shall participate in either the City Pension Plan or the Federal Social Security program as established by provisions of those programs. Should the City subsequently establish an alternate plan to the existing City Pension Plan which is made available to City employees in the City Pension Plan, bargaining unit members may elect to convert to the alternate plan consistent with the provisions of the conversion procedure. Section 2. Retirement Advancement A.The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. B.The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. C.During the period of “retirement advancement”, the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Seniority in rank will be utilized to determine vacation selection, selection of floating holidays, and for bidding for shift assignments, provided that skills and qualifications are substantially equal and except as provided in Section 2 hereof. Section2. Bargaining unit members shall be permitted to bid shift assignments by seniority in rank but the Department reserves the right, based on its determination of operational demands to ensure that officers with specialized skills are appropriately deployed among the shifts and to ensure that officers with limited tenure in their job classification are distributed relatively evenly among the shifts. The Department reserves the right to designate up to four field training supervisors which will be distributed as follows: Item # 9 Attachment number 1 \nPage 46 of 48 1.One FTO supervisor permanently assigned to an FTO team in District II 2.One FTO supervisor permanently assigned to an FTO team in District III 3.Two “floating” FTO supervisor positions allocated to the regular patrol shift bid assignments and specialty assignments. 4.No more than one FTO Sergeant will be permitted to occupy the midnight relief shift at any given time. Bargaining unit members who are selected for FTO supervisor assignments shall be permitted to bid among themselves by seniority in rank for the FTO supervisor assignments. Patrol Sergeants who are in special duty assignments such as Community Policing, Traffic Section, Camera Program Supervisor, or the Special Operations Section are not included in the bidding process. An employee who is placed on light or restricted duty shall have bidding rights for shift assignments, but has no assurance of the assignment until he/she resumes full duty status. The Chief of Police may reassign any officer when such reassignment is in the best interest of the Police Department. Such reassignment shall be with proper justification. Section 3. An employee shall lose his/her status as an employee and his/her seniority if the employee: (a)resigns or quits; (b)is discharged or terminated (unless reversed through the grievance or arbitration process); (c)retires; (d)does not return to work from layoff within ten (10) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department; (e)is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section4. In the event that the City determines layoffs are necessary, all emergency, temporary, provisional or probationary employees shall be laid off before any regular status employee serving in the same class. If reduction in force requires further layoffs, the order of such layoffs shall be determined by seniority in rank.. An employee who is in a position that is subject to layoff shall have the option to revert to the position held within the Police Department prior to promotion to his/her current position, or to another sworn position of lower classification within the Police Department for which he/she is qualified. If this movement requires further reduction in force, the applicable bargaining agreement for the affected employees shall govern. No new employee shall be hired or promoted to the classifications of Police Sergeant or Police Lieutenant until all Police Sergeants and/or Lieutenants on layoff or demoted from those ranks in lieu of layoff have been given an opportunity to return to work in their former Police Sergeant or Police Lieutenant position and seniority date, provided that after one year of layoff such employees shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. Item # 9 Attachment number 1 \nPage 47 of 48 ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the start of the payroll period that includes October 1, 2012, and shall continue in full force and effect until the thirtieth day of September, 2015. At least one hundred twenty (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 (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 2012. ATTEST: CITY OF CLEARWATER, FLORIDA ______________________________ By _________________________________ Cynthia E. Goudeau, City Clerk William B. Horne II, City Manager Approved as to form and correctness: Countersigned: ______________________________ ___________________________________ Pamela K. Akin, City Attorney Frank Hibbard, Mayor FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE Supervisors Bargaining Unit WITNESSES: By________________________________ _____________________________ Lieutenant Daniel Slaughter, President Clearwater Supervisors Bargaining Unit _____________________________ By________________________________ Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police Item # 9 Attachment number 1 \nPage 48 of 48 APPENDIX A POLICE SERGEANT PAY RANGE A-10 October, 2012 October, 2013 Step Biweekly Biweekly 1 $2,335.27 $2,393.65 2 $2,428.69 $2,489.40 3 $2,525.80 $2,588.95 4 $2,626.84 $2,692.52 5 $2,731.92 $2,800.22 6 $2,841.20 $2,912.23 7 $2,954.85 $3,028.72 8 $3,073.04 $3,149.87 POLICE LIEUTENANT PAY RANGE A-20 October, 2012 October, 2013 Step Biweekly Biweekly 1 $2,832.95 $2,903.77 2 $2,946.28 $3,019.93 3 $3,065.30 $3,141.94 4 $3,187.91 $3,267.61 5 $3,315.43 $3,398.31 6 $3,448.04 $3,534.24 7 $3,585.97 $3,675.61 Item # 9 i Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the agreements reached by the City with Communications Workers of America Local 3179 and Fraternal Order of Police Officers and Supervisors bargaining units for proposed changes to the City Employees Pension Plan; authorize the development of an actuarial impact statement by the Citys actuary and subsequent submittal to the Florida State Division of Retirements for review of same. (consent) SUMMARY: Changes to the current City Employees Pension Plan benefit provisions are being sought by the City due to significant increases in the City's required pension contribution levels from fiscal year 2000 to present. During that period of time, the City's actuarially determined required contribution has increased from seven percent of covered payroll (approximately four million dollars) to almost twenty-five percent of covered payroll (approximately eighteen million dollars). These cost are projected by the Citys actuary to continue to increase during the next five years. The City initiated collective bargaining regarding proposed changes to the City Employees Pension Plan with the Fraternal Order of Police bargaining unit and with Communications Workers of America Local 3179 in February and March of 2011, respectively. In October of 2011, the parties began discussions regarding new collective bargaining agreements in conjunction with the negotiations over proposed changes to the Pension Plan. At this time, the Fraternal Order of Police Supervisors bargaining unit also entered into negotiations with the City. On December 6, 2011, the City reached tentative agreements with both FOP bargaining units, and on December 15, 2011 the City reached a tentative agreement with CWA, to include the proposed Pension Plan changes as part of a package deal that included new three-year contracts for each bargaining unit. The proposed Pension Plan changes were submitted by the respective Unions to their bargaining units, which ratified the agreements. The agreements by the parties, if ultimately approved by voter referendum, would result in changes to the following City Employees Pension Plan provisions: For CWA and non-sworn FOP employees not eligible to retire as of the effective date: The normal form of benefit would be a life annuity and the monthly pension amount would be reduced if a payment option that includes a beneficiary is elected. Any overtime and additional pays accrued for years of service after the effective date of the change would not be included in pensionable earnings. The 1.5% Cost-of-Living Adjustment would be delayed for five years after the date of retirement for all pensionable earnings after the effective date of the change. The disability pension amount would be reduced from 66 2/3% to 42% of salary if meeting the disability criteria of the Plan. For CWA and non-sworn FOP employees hired after the effective date: In addition to the changes for existing employees, the pension calculation multiplier will be reduced from 2.75% to 2.0% and employees will be required to work until age 60 and have at least 25 years of service. Cover Memo Item # 10 For sworn FOP employees not eligible to retire as of the effective date: The employee pension contribution would be increased from 8% to 10% of salary. Any overtime exceeding 300 hours per year accrued for years of service after the effective date of the change would not be included in pensionable earnings. There would be no Cost-of-Living Adjustment for all pensionable earnings after the effective date of the change. For all CWA and FOP employees: Employees could choose to receive 10%, 20%, or 30% of their total pension benefit in a one-time lump sum payment directly upon retirement. Employees would be permitted to return to full-time employment with the City in a different job classification and would participate in Social Security while receiving their pension benefit. Employees would be able to name a beneficiary and choose their benefit payment option at any time up to retirement. These changes, if approved, are expected to result in an immediate annual reduction of the City's Pension contribution of 4.9 Million dollars, and a savings over the next 30 years of approximately 400 Million dollars. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a ten (10) year Joint Land Utilization Agreement with the School Board of Pinellas County, Florida, from January 1, 2012 through December 31, 2022, to provide an outdoor recreation complex consisting of tennis courts, playground and basketball courts at the southeast corner of Russell Street and Douglas Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The School Board of Pinellas County (Board) owns land adjacent to Clearwater Intermediate School, which the City has leased since February 16, 1972 and used as a neighborhood recreation site known as the Martin Luther King Recreation Complex. The lease expired on December 31, 2011. The City and Board desire to continue a relationship to provide an outdoor recreation complex at this site and accordingly would like to enter into a Joint Land Utilization Agreement to allow the City to continue to operate the tennis courts, playground and basketball courts on this site. The community center is not part of this Agreement, as the City has no future use for it. There is no cost to the City for use of the property, but will be responsible for maintaining the property, including all structures and recreation components in a safe and presentable manner. There will be no additional costs associated with maintaining the property as the City already maintains the area. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 11 Attachment number 2 \nPage 1 of 1 Item # 11 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Pinellas Pools, Inc. of Holiday, Florida, Bid 08-0020-PR-B for maintenance and refurbishment of the pools located at the North Greenwood Recreation and Aquatics Center (NGRAC) and the Clearwater Beach Recreation and Aquatics Center (CBRAC) for $177,672, which includes a 10% contingency; approve the transfer of $83,672.00 from various Parks and Recreation CIP maintenance projects highlighted in this item to Swimming Pool Renovations and Repairs CIP 315-93271 at midyear and authorize the appropriate officials to execute same. (consent) SUMMARY: The Council has established and approved annual CIP funding for several maintenance projects including the Swimming Pool Renovations and Repairs CIP 315-593271. Part of the scope for this project is to provide long term maintenance such as pool resurfacing and repair of gutters, tile and decking at the city pools. This year the pools at NGRAC and CBRAC are in need of resurfacing and miscellaneous tile repairs. This contract will provide for the needed repairs to the tiles as well a marciting for the pools. Normally repairs are spaced out so that the available balance of funds in CIP 315-93271 is sufficient however, repairs are needed at both pools during this off season so staff is requesting that the following funds be transferred at mid-year to cover the shortage. 315-93229 Tennis Court Repair and Resurfacing $25,000 315-93230 Playground Replacement $25,000 315-93604 Boardwalk and dock repair $25,000 315-93262 Fence Replacement $ 8,672 The transfer of funds from these projects will not impact the various maintenance projects planned for this year. Funds will be replenished in future years from future swimming pool repair money. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesYes Budget Adjustment Comments: Funds from other CIP maintenance projects will be transferred to cover the shortage. These funds will be repaid from future allocations to Pool Repair CIP that will not be required. Current Year Cost:Annual Operating Cost: $177,672-0- Not to Exceed:Total Cost: $177,672$177,672 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 315-93229$25,000 315-93230$25,000 Cover Memo 315-93604$25,000 Item # 12 315-93262$8,672 315-93271$94,000 08-0020- Bid Required?:Bid Number: Yes PR-B Other Bid / Contract:Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 12 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) to Trane of Tampa, FL for one Air Cooled Rotary Water Chiller in the amount of $154,304.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances - Other governmental bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: This chiller will be purchased through GSA Contract GS-07F-0248K and quote dated December 8, 2011. This chiller replaces the original chiller installed at the Main Library. The original chiller has severe rust problems and the compressor is showing signs of reaching the end of its useful life. The new chiller will have the proper coatings on the Condenser Coil and Internal/External Cabinet to prevent premature rust and comes with a 10-year warranty against rust. The installation of the chiller will be bid under separate heading and a different Company will perform the installation work. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Appropriation CodeAmountAppropriation Comment 315-94510$154,304.00Air Conditioning Replacement Project Bid Required?:Bid Number: No GSA Contract Other Bid / Contract:Bid Exceptions: # GS-07F-None 0248K Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Cover Memo Item # 13 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $178,948.00 to Tampa Truck Center of Tampa, FL for one Freightliner M2 CNG Chassis with Nu Life Model Brush Hawg Grapple Loader in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase of $178,948.00 under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Freightliner Chassis and Body will be purchased through the State of Florida Term Contract 070-700-11-1, specification 070-700-312 and quote dated October 6, 2011. The Jaws Truck will replace G2220, 2000 GMC Jaws Truck with 87,370 miles. The cost to upgrade the chassis to CNG is $29,091. The payback for the upgrade cost based on 2,344 gallons at $1.22 difference in cost is 10 years. This truck will have a life of 12 years. The truck is included in the Garage CIP Replacement Fund and the budget amount is $125,000. The difference between the actual and budgeted amounts will be paid from savings in the Garage Replacement Fund. Type: Purchase Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $37,221.18$19,037.85 Not to Exceed:Total Cost: $56,259.03 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0316-94234-564100-0000$178,948.00L/P CIP Bid Required?:Bid Number: No State of Florida Term Other Bid / Contract:Bid Exceptions: None Contract 070- 700-11-1 Cover Memo Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Item # 14 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) to Rush Truck Center of Tampa, FL for two Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader and Compressed Natural Gas Engine in the amount of $557,441.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Peterbilt Labrie automated side loader will be purchased through the Florida Sheriff's Association and Florida Association of Counties Contract 11-19-0907, Specification 51 and quote dated December 19, 2011. The trucks will replace G2418, 2001 Peterbilt with 73,299 miles and G3213, 2006 Peterbilt with 54,225 miles. G2418 was included in the Garage CIP Replacement List for Budget Year 2011/2012. G3213 replaces G2773 on the Garage CIP List due to structural failures that cannot be repaired. Type: Purchase Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $115,947.73$47,196.00 Not to Exceed:Total Cost: $163,143.73 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0316-94234-564100-519-$557,441.00L/P CIP 000 Bid Required?:Bid Number: No Florida Sheriff's Other Bid / Contract:Bid Exceptions: Association None bid #11-19- 0907 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Cover Memo Item # 15 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, Florida for the East Plant Anoxic Tank Rehabilitation Project (09-0007- UT), increasing the contract amount by $462,887.68 for a new contract total of $1,724,434.78 and a time extension of two hundred thirty eight (238) days; approve a Supplemental Work Order to Engineer of Record (EOR) Jones Edmunds in the amount $74,100.00 for additional Construction Engineering Inspection (CEI) and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 3, 2011, City Council awarded a contract in the amount $1,261,547.10 to TLC Diversified, Inc. of Palmetto, Florida for the East Plant Anoxic Tank Rehabilitation Project (09-0007-UT). Change Order 1 covers additional work necessary to meet project requirements for the East Plant Anoxic Tank Rehabilitation project, unforeseen field conditions related to the tank repairs and safety concerns of induced voltage remediation at the facility. Upon draining the tanks for cleaning and coating, it was discovered that the undersides of walkways over each tank were in need of structural repairs. This condition could not be detected prior to by-passing wastewater flow and draining the tanks. Also included are improvements to the East APCF VFD equipment and circuits to address undesirable induced voltages experienced at the VFD-driven equipment locations. The time extension of 238 days is needed for the additional work. New contract completion will extend from December 16, 2011 to August 10, 2012, 270 days to 508 days. Due to the time extension of the construction contract, additional CEI efforts are required by EOR Jones Edmunds with additional funding in the amount of $74,100. First quarter amendments will transfer $108,942.62 of 2009 Water Sewer Revenue Bond proceeds consisting of $2,978.06 from 0376- 96611, Biosolids Treatment, $28,914.53 from 0376-96621, WWTP New Presses, $58,564.41 from 0376-96634, Sanitary Utility Relocation, $2,819.29 from 0376-96742, Line Relocation Capitalized and $15,666.33 from 0376-96763, Wellfield Expansion to 0376- 96666, WWTP East Bypass and NE Pump. An additional transfer of $328,045.06 from 0315-96611 (Sewer Revenue), Biosolids Treatment to 0315-96666, WWTP East Bypass and NE Pump for total transfers in the amount of $436,987.68. Sufficient funds are available in 0315-96666, WWTP East Bypass and NE Pump in the amount of $100,000.00 to fund the remaining balance of the change order and Supplemental work order for total funding in the amount of $536,987.68. Type: Capital expenditure Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: See summary Current Year Cost:Annual Operating Cost: $536,987.68 Cover Memo Not to Exceed:Total Cost: $536,987.68 $536,987.68 Item # 16 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0376-96666-563800-535-$108,942.62See summary 000-0000 0315-96666-563800-535-$353,945.06See summary 000-0000 0315-96666-561300-535-$ 74,100.00See summary 000-0000 Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Item # 16 Attachment number 1 \nPage 1 of 2 Item # 16 Attachment number 1 \nPage 2 of 2 Item # 16 Attachment number 2 \nPage 1 of 8 Item # 16 Attachment number 2 \nPage 2 of 8 Item # 16 Attachment number 2 \nPage 3 of 8 Item # 16 Attachment number 2 \nPage 4 of 8 Item # 16 Attachment number 2 \nPage 5 of 8 Item # 16 Attachment number 2 \nPage 6 of 8 Item # 16 Attachment number 2 \nPage 7 of 8 Item # 16 Attachment number 2 \nPage 8 of 8 Item # 16 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to Wharton-Smith, Inc., for the Marshall Street WRF Rapid Sand Filter Rehabilitation Project in the amount of $455,222.52, for a new contract amount of $2,889,041.76 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Sand Filter rehabilitation project includes replacement of underdrain cores and grating for 2 š of the 12 filters. As the contractor has brought the old filters off line and inspected their components, it was discovered the filter underdrain cores and grating have deteriorated more than anticipated. This change order covers complete replacement of all the underdrain cores and grating in the plants twelve filters. Replacement of the filter components will increase reliability and efficiency in reducing total suspended solids (TSS) in the secondary clarifier effluent prior to discharge to Stevensons Creek. These filters were installed in 1988. All the material included in this change order will be procured under Owner Direct Purchase (ODP) guidelines, realizing a sales tax savings of just under $20,000. The Public Utilities Department shall own and maintain the proposed improvements included in this Change Order. Sufficient funding is available in Capital Improvement Program project 0315-96664, Water Pollution Control R and R, in the amount of $455,222.52 to fund the change order. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: See summary Current Year Cost:Annual Operating Cost: $455,222.52 Not to Exceed:Total Cost: $455,222.52$455,222.52 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0315-96664-563800-535-$455,222.52See summary 000-0000 Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Item # 17 Attachment number 1 \nPage 1 of 4 Item # 17 Attachment number 1 \nPage 2 of 4 Item # 17 Attachment number 1 \nPage 3 of 4 Item # 17 Attachment number 1 \nPage 4 of 4 Item # 17 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Restocon Corporation, of Tampa, Florida, to restore the Municipal Services Complex (MSC) and Garden Avenue Parking Garages in the amount of $557,610.33, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: The project includes restoration of two City owned Parking Garages based on a Final Condition Appraisal from May 2011. The scope of work is focused on the top tier of each garage for concrete and waterproofing repairs. The MSC garage work also includes replacement of light fixtures, bearing pad repairs, plumbing improvements, replacement of barrier cable, and striping. Restocon is the low bidder by ~3%. The City received seven bids for the project ranging from $557,610 to $966,527 with the average being $718,680. Tim Haahs and Associates, the design consultant for this project, along with City staff, developed a project specific pre-qualification to bid application process to ensure bidding contractors had adequate skill and experience to complete this project. Tim Haahs and Associates has reviewed Restocons bid and has provided a recommendation of award. The Citys Construction group will inspect and manage the project during the construction phase. The construction phase is anticipated to take 4 months and is scheduled for completion by June 31, 2012. Parking Division will own and maintain the proposed improvements included in this contract. Sufficient funding is available in Capital Improvement Program project 0315-92632, Parking Garage Structure Repair. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: See summary Current Year Cost:Annual Operating Cost: $557,610.33 Not to Exceed:Total Cost: $557,610.33$557,610.33 For Fiscal Year: 2011 to 2012 Cover Memo Appropriation CodeAmountAppropriation Comment Item # 18 0315-92632-563600-545-$557,610.33See summary 000-0000 Bid Required?:Bid Number: Yes11-0039-EN Other Bid / Contract:Bid Exceptions: None Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Item # 18 Attachment number 2 \nPage 1 of 16 Item # 18 Attachment number 2 \nPage 2 of 16 Item # 18 Attachment number 2 \nPage 3 of 16 Item # 18 Attachment number 2 \nPage 4 of 16 Item # 18 Attachment number 2 \nPage 5 of 16 Item # 18 Attachment number 2 \nPage 6 of 16 Item # 18 Attachment number 2 \nPage 7 of 16 Item # 18 Attachment number 2 \nPage 8 of 16 Item # 18 Attachment number 2 \nPage 9 of 16 Item # 18 Attachment number 2 \nPage 10 of 16 Item # 18 Attachment number 2 \nPage 11 of 16 Item # 18 Attachment number 2 \nPage 12 of 16 Item # 18 Attachment number 2 \nPage 13 of 16 Item # 18 Attachment number 2 \nPage 14 of 16 Item # 18 Attachment number 2 \nPage 15 of 16 Item # 18 Attachment number 2 \nPage 16 of 16 Item # 18 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the amendment to the conditions for the vacation of a portion of First Avenue (a.k.a. First Street per field) and pass Ordinance 8308-12 on first reading. SUMMARY: Ordinance 7371-05, adopted by City Council on March 3, 2005, provided for the vacation of a portion of First Avenue, subject to certain conditions, in support of planned development by K and P Clearwater Estate, LLC (the Developer). Three ordinances have since been adopted at the Developers request to extend the commencement date for vertical construction; most recently granting an extension until February 11, 2012. The Developer has dedicated Second Street, a public right-of-way, effectively providing a substitute for the vacated First Street. The proposed Ordinance 8308-12 provides for the elimination of most of the conditions associated with the vacation of First Street. However, Developer will still be required to complete relocating all utilities. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 19 Attachment number 1 \nPage 1 of 1 Item # 19 Attachment number 2 \nPage 1 of 2 Item # 19 Attachment number 2 \nPage 2 of 2 Item # 19 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the amendment to the conditions for the vacation of a portion of Gulfview Boulevard and pass Ordinance 8309-12 on first reading. SUMMARY: Ordinance 7372-05, adopted by City Council on March 3, 2005, provided for the vacation of a portion of Gulfview Boulevard, subject to certain conditions, in support of planned development by K and P Clearwater Estate, LLC (the Developer). Two ordinances have since been adopted at the Developers request to extend the commencement date for vertical construction; most recently granting an extension until February 11, 2012. The Developer has been coordinating with City staff to amend the associated development agreement and has requested an additional extension for the commencement date for vertical construction. The proposed Ordinance 8309- 12 provides for vertical construction to begin within four (4) years of the effective date of this ordinance. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 20 Attachment number 1 \nPage 1 of 2 Attachment number 1 \nPage 2 of 2 Attachment number 2 \nPage 1 of 2 Item # 20 Attachment number 2 \nPage 2 of 2 Item # 20 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Preservation (P) and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) districts for 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737 and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; and 1745 and 1748 Thomas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East); and pass Ordinances 8303-12, 8304-12 and 8305-12 on first reading. (ATA2011-08003) SUMMARY: The City of Clearwater Planning and Development Department has identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of State Road 590 and south of Sunset Point Road. Subdivisions in this area include Virginia Grove Terrace and Carlton Terrace. The Department has identified a total of 189 properties in this area that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase D of the overall annexation project, includes 22 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the Citys jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase D properties are occupied by 22 detached dwellings on 4.27 acres of land. It is proposed that approximately 1.37 acres of right-of-way throughout this area on Diane Drive, Evans Drive, Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, Terrace Drive and Thomas Drive right-of-way not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that the 22 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses two of these properties (1716 Evans Drive and 2734 Terrace Drive) for which the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch boundaries. It is proposed that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. In addition, it is proposed the two properties with the drainage ditch also be assigned the Preservation (P) zoning category. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: · The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and · The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the Citys tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. · The proposed Residential Low (RL), Preservation (P) and Drainage Feature Overlay Future Land Use Map categories are Cover Memo consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits Item # 21 residential uses at a density of 5.0 units per acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be applied to two properties (1716 Evans Drive and Terrace Drive) recognize the watershed and drainage feature on the properties. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR) District and Preservation (P) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and · The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 21 Attachment number 1 \nPage 1 of 14 PROJECT SITE LOCATION Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 1 \nPage 2 of 14 PIN (Address): 05-29-16-13554-009-0180 (1848 Diane Dr.) 05-29-16-13554-009-0190 (1854 Diane Dr.) 05-29-16-13554-010-0020 (1855 Diane Dr.) 05-29-16-94392-007-0050 (1716 Evans Dr.) 05-29-16-94392-006-0190 (1745 Evans Dr.) 05-29-16-94338-002-0240 (1725 Grove Dr.) 05-29-16-94338-002-0230 (1729 Grove Dr.) 05-29-16-94338-004-0090 (1734 Grove Dr.) 05-29-16-94338-002-0210 (1737 Grove Dr.) 05-29-16-94338-004-0110 (1740 Grove Dr.) 05-29-16-94374-006-0130 (1752 Lucas Dr.) 05-29-16-94374-005-0170 (1759 Lucas Dr.) 05-29-16-13554-008-0070 (1807 Marilyn Dr.) 05-29-16-13554-008-0010 (1843 Marilyn Dr.) 05-29-16-13554-008-0100 (1808 Skyland Dr.) 05-29-16-13554-008-0150 (1836 Skyland Dr.) 05-29-16-13554-009-0020 (1845 Skyland Dr.) 05-29-16-94410-004-0050 (2826 State Road 590) 05-29-16-94374-003-0110 (2734 Terrace Dr.) 05-29-16-94356-005-0150 (2747 Terrace Dr.) 05-29-16-94356-004-0190 (1745 Thomas Dr.) 05-29-16-94356-005-0130 (1748 Thomas Dr.) Item # 21 Attachment number 1 \nPage 3 of 14 1848 1845 1843 1836 1808 1807 1759 1752 1748 1745 1745 1740 1737 1734 1729 1725 1716 AERIAL PHOTOGRAPH Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 1 \nPage 4 of 14 1848 1845 1843 DIANE TER 1836 1808 1807 1759 1752 1748 1745 1745 1740 1737 1734 1729 1725 1716 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 1 \nPage 5 of 14 RM RM RL RL 1848 1845 1843 1836 I RL RL RL RL RL RL 1808 1807 P RL RL RU RU RU 1759 1752 1748 1745 1745 RU P 1740 RL RU 1737 RL RU 1734 RL RL RL RL 1729 RU RL 1725 RL RU 1716 RL RU RL RU RU R/OL RU RL RLPRURL RLRLRU RL RU RL FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 1 \nPage 6 of 14 1848 1845 1843 * Parcels at 2734 DIANE TER 1836 Terrace Dr. and 1716 Evans Dr. will have “P” LMDR (Preservation) zoning in the rear of the properties to reflect corresponding 1808 Future Land Use 1807 designation. LMDR 1759 1752 1748 LMDR 1745 1745 LMDR 1740 1737 1734 1729 1725 1716 LMDR O ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 1 \nPage 7 of 14 Single Family Homes 1848 1845 1843 DIANE TER 1836 1808 1807 Single Family Homes 1759 1752 1748 1745 1745 1740 Single Family Homes 1737 1734 1729 1725 1716 EXISTING SURROUNDING USES Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 1 \nPage 8 of 14 1848 Diane Drive1854 Diane Drive 1855 Diane Drive1716 Evans Drive 1745 Evans Drive1725 Grove Drive ATA2011-08003 “Diane” Area –Phase D (22 lots) Item # 21 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 1of 7 Attachment number 1 \nPage 9 of 14 1729 Grove Drive1734 Grove Drive 1737 Grove Drive1740 Grove Drive 1752 Lucas Drive1759 Lucas Drive ATA2011-08003 “Diane” Area –Phase D (22 lots) Item # 21 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 2 of 7 Attachment number 1 \nPage 10 of 14 1807 Marilyn Drive1843 Marilyn Drive 1808SkylandDrive1836SkylandDrive 1845SkylandDrive2826 State Road 590 ATA2011-08003 Item # 21 “Diane” Area –Phase D (22 lots) Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 3 of 7 Attachment number 1 \nPage 11 of 14 2734 Terrace Drive2747 Terrace Drive 1745 Thomas Drive1748 Thomas Drive Looking north at Diane DriveLooking south at Diane Drive ATA2011-08003 “Diane” Area –Phase D (22 lots) Item # 21 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 4 of 7 Attachment number 1 \nPage 12 of 14 Looking north at Evans DriveLooking south at Evans Drive Looking north at Grove DriveLooking south at Grove Drive Looking north at Lucas DriveLooking south at Lucas Drive ATA2011-08003 “Diane” Area –Phase D (22 lots) Item # 21 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 5 of 7 Attachment number 1 \nPage 13 of 14 Looking north at Marilyn DriveLooking south at Marilyn Drive Looking north at SkylandDriveLooking south at SkylandDrive Looking east at State Road 590Looking west at State Road 590 ATA2011-08003 “Diane” Area –Phase D (22 lots) Item # 21 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 6 of 7 Attachment number 1 \nPage 14 of 14 Looking west at Terrace DriveLooking north at Thomas Drive Looking south at Thomas Drive ATA2011-08003 “Diane” Area –Phase D (22 lots) Item # 21 Generally located south of Sunset Point Road, east of US 19, and north of State Road 590 Page 7 of 7 Attachment number 2 \nPage 1 of 5 ORDINANCE NO. 8303-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATEDGENERALLYEAST OF US HIGHWAY 19, NORTH OF SR 590,AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTIONOFSECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,WHOSE POST OFFICE ADDRESSESARE1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, ANDABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISIONINTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the ownersof the real property described herein and depicted on the map attached hereto as Exhibit Bhave petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Item # 21 Ordinance No. 8303-12 Attachment number 2 \nPage 2 of 5 See legal description attached hereto as ExhibitA. (ATA2011-08003) The map or maps attached as ExhibitBare hereby incorporated by reference. Section 2.The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, whichhave heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form:Attest: __________________________________________________________ Leslie K. Dougall-SidesRosemarie Call Assistant City AttorneyCity Clerk Item # 21 Ordinance No. 8303-12 Attachment number 2 \nPage 3 of 5 ATTACHMENT “A” LEGAL DESCRIPTIONS ATA2011-08003(PhaseDATAs) Parcel ID Legal DescriptionAddress 05-29-16-13554-008-0010Lot 1, Block H 1843 Marilyn Dr. 05-29-16-13554-008-0070Lot 7, Block H 1807 Marilyn Dr. 05-29-16-13554-008-0150Lot 15, Block H1836 Skyland Dr. 05-29-16-13554-008-0100Lot 10 and South ½ of Lot 11, Block H 1808 Skyland Dr. 05-29-16-13554-009-0020Lot 2, Block I 1845 Skyland Dr. 05-29-16-13554-009-0180Lot 18, Block I 1848 Diane Dr. 05-29-16-13554-009-0190Lot 19, Block I 1854 Diane Dr. 05-29-16-13554-010-0020Lot 2, Block J 1855 Diane Dr. together with: All Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; together with: All Right of Way of Skyland Drive abutting South 60 Feet of Lot 10, Block H, and abutting Lot 2, Block I; together with: All Right of Way of Diane Drive abutting Lot 19, Block I thru Lot 2, Block J; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 onPage 39, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94338-002-0210Lot 21, Block 2 1737 Grove Dr. 05-29-16-94338-002-0230Lot 23, Block 2 1729 Grove Dr. 05-29-16-94338-002-0240Lot 24, Block 2 1725 Grove Dr. 05-29-16-94338-004-0090Lot 9, Block 4 1734 Grove Dr. 05-29-16-94338-004-0110Lot 11, Block 4 1740Grove Dr. together with: All Right of Way of Grove Drive abutting Lots 9 and 11, Block 4; all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94356-004-0190Lot 19, Block 4 1745 Thomas Dr. 05-29-16-94356-005-0130Lot 13,Block 5 1748 Thomas Dr. 05-29-16-94356-005-0150Lot 15, Block 5 2747 Terrace Dr. together with: All Right of Way of Thomas Drive abutting Lot 19, Block 4; all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book37 on Page 73, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94374-003-0110Lot 11, Block 32734 Terrace Dr. 05-29-16-94374-005-0170Lot 17, Block 5 1759 Lucas Dr. 05-29-16-94374-006-0130Lot 13, Block 6 1752 Lucas Dr. together with: All Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6; together with: All Right of Way of Terrace Drive abutting Lot 11, Block 3; all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Item # 21 Page 1of 2 Attachment number 2 \nPage 4 of 5 Parcel ID Legal Description Address 05-29-16-94392-006-0190Lot 19, Block 6 1745 Evans Dr. 05-29-16-94392-007-0050Lot 5, Block 71716 Evans Dr. together with: All Right of Way of Evans Drive abutting Lot 19, Block 6; all the above in Virginia Grove Terrace Forth Addition subdivision, as recorded in Plat Book 37 on Page 75, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94410-004-0050Lot 5, Block D 2826 State Road 590 inVirginia Grove Terrace Fifth Addition as recorded in Plat Book 51 on page 43, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- All together in Phase D: 22 parcels: 4.27 acres Right of Way:1.366 acres ------------------------------------- Total Acreage:5.636 acres Item # 21 Page 2of 2 Attachment number 2 \nPage 5 of 5 1848 1845 1843 DIANE TER 1836 1808 1807 1759 1752 1748 1745 1745 1740 1737 1734 1729 1725 1716 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 3 \nPage 1 of 5 ORDINANCE NO. 8304-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLYEAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSESARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734,1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCASDRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW(RL), PRESERVATION (P), AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: PropertyLand Use Category See attached legal description, Exhibit “A” Residential Low (RL) (ATA2011-08003) Preservation (P) Drainage Feature Overlay Item # 21 The map or maps attached as ExhibitBishereby incorporated by reference. Ordinance No. 8304-12 Attachment number 3 \nPage 2 of 5 Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No.8303-12. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 21 Ordinance No. 8304-12 Attachment number 3 \nPage 3 of 5 ATTACHMENT “A” LEGAL DESCRIPTIONS ATA2011-08003(PhaseDATAs) Parcel ID Legal DescriptionAddress 05-29-16-13554-008-0010Lot 1, Block H 1843 Marilyn Dr. 05-29-16-13554-008-0070Lot 7, Block H 1807 Marilyn Dr. 05-29-16-13554-008-0150Lot 15, Block H1836 Skyland Dr. 05-29-16-13554-008-0100Lot 10 and South ½ of Lot 11, Block H 1808 Skyland Dr. 05-29-16-13554-009-0020Lot 2, Block I 1845 Skyland Dr. 05-29-16-13554-009-0180Lot 18, Block I 1848 Diane Dr. 05-29-16-13554-009-0190Lot 19, Block I 1854 Diane Dr. 05-29-16-13554-010-0020Lot 2, Block J 1855 Diane Dr. together with: All Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; together with: All Right of Way of Skyland Drive abutting South 60 Feet of Lot 10, Block H, and abutting Lot 2, Block I; together with: All Right of Way of Diane Drive abutting Lot 19, Block I thru Lot 2, Block J; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 onPage 39, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94338-002-0210Lot 21, Block 2 1737 Grove Dr. 05-29-16-94338-002-0230Lot 23, Block 2 1729 Grove Dr. 05-29-16-94338-002-0240Lot 24, Block 2 1725 Grove Dr. 05-29-16-94338-004-0090Lot 9, Block 4 1734 Grove Dr. 05-29-16-94338-004-0110Lot 11, Block 4 1740Grove Dr. together with: All Right of Way of Grove Drive abutting Lots 9 and 11, Block 4; all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94356-004-0190Lot 19, Block 4 1745 Thomas Dr. 05-29-16-94356-005-0130Lot 13,Block 5 1748 Thomas Dr. 05-29-16-94356-005-0150Lot 15, Block 5 2747 Terrace Dr. together with: All Right of Way of Thomas Drive abutting Lot 19, Block 4; all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book37 on Page 73, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94374-003-0110Lot 11, Block 32734 Terrace Dr. 05-29-16-94374-005-0170Lot 17, Block 5 1759 Lucas Dr. 05-29-16-94374-006-0130Lot 13, Block 6 1752 Lucas Dr. together with: All Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6; together with: All Right of Way of Terrace Drive abutting Lot 11, Block 3; all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Item # 21 Page 1of 2 Attachment number 3 \nPage 4 of 5 Parcel ID Legal Description Address 05-29-16-94392-006-0190Lot 19, Block 6 1745 Evans Dr. 05-29-16-94392-007-0050Lot 5, Block 71716 Evans Dr. together with: All Right of Way of Evans Drive abutting Lot 19, Block 6; all the above in Virginia Grove Terrace Forth Addition subdivision, as recorded in Plat Book 37 on Page 75, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94410-004-0050Lot 5, Block D 2826 State Road 590 inVirginia Grove Terrace Fifth Addition as recorded in Plat Book 51 on page 43, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- All together in Phase D: 22 parcels: 4.27 acres Right of Way:1.366 acres ------------------------------------- Total Acreage:5.636 acres Item # 21 Page 2of 2 Attachment number 3 \nPage 5 of 5 RM RM RL RL 1848 1845 1843 1836 I RL RL RL RL RL RL 1808 1807 P RL RL RU RU RU 1759 1752 1748 1745 1745 RU P 1740 RL RU 1737 RL RU 1734 RL RL RL RL 1729 RU RL 1725 RL RU 1716 RL RU RL RU RU R/OL RU RL RLPRURL RLRLRU RL RU RL FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Attachment number 4 \nPage 1 of 5 ORDINANCE NO. 8305-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590,AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE,TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION,UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR)AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Item # 21 Ordinance No. 8305-12 Attachment number 4 \nPage 2 of 5 Section 1.The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: PropertyZoning District See attached legaldescription, Exhibit “A”Low Medium Density (ATA2011-08003)Residential (LMDR) Preservation (P) The map attached as ExhibitBishereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8303-12. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________________________________________ Leslie K. Dougall-SidesRosemarie Call Assistant City AttorneyCity Clerk Item # 21 Ordinance No. 8305-12 Attachment number 4 \nPage 3 of 5 ATTACHMENT “A” LEGAL DESCRIPTIONS ATA2011-08003(PhaseDATAs) Parcel ID Legal DescriptionAddress 05-29-16-13554-008-0010Lot 1, Block H 1843 Marilyn Dr. 05-29-16-13554-008-0070Lot 7, Block H 1807 Marilyn Dr. 05-29-16-13554-008-0150Lot 15, Block H1836 Skyland Dr. 05-29-16-13554-008-0100Lot 10 and South ½ of Lot 11, Block H 1808 Skyland Dr. 05-29-16-13554-009-0020Lot 2, Block I 1845 Skyland Dr. 05-29-16-13554-009-0180Lot 18, Block I 1848 Diane Dr. 05-29-16-13554-009-0190Lot 19, Block I 1854 Diane Dr. 05-29-16-13554-010-0020Lot 2, Block J 1855 Diane Dr. together with: All Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; together with: All Right of Way of Skyland Drive abutting South 60 Feet of Lot 10, Block H, and abutting Lot 2, Block I; together with: All Right of Way of Diane Drive abutting Lot 19, Block I thru Lot 2, Block J; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 onPage 39, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94338-002-0210Lot 21, Block 2 1737 Grove Dr. 05-29-16-94338-002-0230Lot 23, Block 2 1729 Grove Dr. 05-29-16-94338-002-0240Lot 24, Block 2 1725 Grove Dr. 05-29-16-94338-004-0090Lot 9, Block 4 1734 Grove Dr. 05-29-16-94338-004-0110Lot 11, Block 4 1740Grove Dr. together with: All Right of Way of Grove Drive abutting Lots 9 and 11, Block 4; all the above in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94356-004-0190Lot 19, Block 4 1745 Thomas Dr. 05-29-16-94356-005-0130Lot 13,Block 5 1748 Thomas Dr. 05-29-16-94356-005-0150Lot 15, Block 5 2747 Terrace Dr. together with: All Right of Way of Thomas Drive abutting Lot 19, Block 4; all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book37 on Page 73, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94374-003-0110Lot 11, Block 32734 Terrace Dr. 05-29-16-94374-005-0170Lot 17, Block 5 1759 Lucas Dr. 05-29-16-94374-006-0130Lot 13, Block 6 1752 Lucas Dr. together with: All Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6; together with: All Right of Way of Terrace Drive abutting Lot 11, Block 3; all the above in Virginia Grove Terrace Third Addition subdivision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Item # 21 Page 1of 2 Attachment number 4 \nPage 4 of 5 Parcel ID Legal Description Address 05-29-16-94392-006-0190Lot 19, Block 6 1745 Evans Dr. 05-29-16-94392-007-0050Lot 5, Block 71716 Evans Dr. together with: All Right of Way of Evans Drive abutting Lot 19, Block 6; all the above in Virginia Grove Terrace Forth Addition subdivision, as recorded in Plat Book 37 on Page 75, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- Parcel ID Legal Description Address 05-29-16-94410-004-0050Lot 5, Block D 2826 State Road 590 inVirginia Grove Terrace Fifth Addition as recorded in Plat Book 51 on page 43, of the Public Records of Pinellas County, Florida. --------------------------------------------------------------------------------------------------------------------------------- All together in Phase D: 22 parcels: 4.27 acres Right of Way:1.366 acres ------------------------------------- Total Acreage:5.636 acres Item # 21 Page 2of 2 Attachment number 4 \nPage 5 of 5 1848 1845 1843 * Parcels at 2734 DIANE TER 1836 Terrace Dr. and 1716 Evans Dr. will have “P” LMDR (Preservation) zoning in the rear of the properties to reflect corresponding 1808 Future Land Use 1807 designation. LMDR 1759 1752 1748 LMDR 1745 1745 LMDR 1740 1737 1734 1729 1725 1716 LMDR O ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-08003 Property Size (Acres): DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see next PIN: page From: RL, P, Drainage Feature Overlay (County) R-3 (County) To: RL, P, Drainage Feature LMDR, P (City) Atlas Page: 264A Overlay (City) Item # 21 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the first amendment to the first amended and restated Development Agreement between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater, adopt Resolution 12-02, and authorize the appropriate officials to execute same. SUMMARY: The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used as a temporary city public parking lot. On October 21, 2008, the CDB approved FLD2008-05013. This application consisted of a resort hotel€ containing 250 overnight accommodation rooms and 200 interval ownership/timeshare rooms  a total of 450 rooms (163.6 rooms/acre on total site) with 250 rooms being granted to the project from the Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Also included with the application was the vacation of the former pedestrian bridge landing area right-of-way on the northwest corner of the site and the dedication of additional right-of-way at the intersection of S. Gulfview Boulevard and Coronado Drive. At its meeting of December 18, 2008, the City Council approved the companion Development Agreement (DVA2008-00001) to the above FLD application. In addition to addressing those elements directly associated with the new development approval, the amendment also reestablished the Effective Date€ of the Development Agreement  extending the overall life of the agreement until April 2019, but more importantly extending the developers deadline to commence construction until February 11, 2012. The proposed amendment is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan Beach by Design and furthers the vision of beach redevelopment set forth in . The Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: · Clarifies that the applicant is no longer seeking interval ownership/timeshare use for the units/rooms; · Provides a breakdown of the floor area dedicated to meeting space as Exhibit O; · Deletes a paragraph pertaining to interval ownership/timeshare units having to be depicted on the development plan (Exhibit B); · Adds language to three sections of the Development Agreement stating that the applicant is requesting an extension of the Effective Date from February 11, 2009 to on or about February 11, 2012. Based upon this change, the applicant shall have an additional three years during which they must commence construction or lose the 250 overnight accommodation units having been received from the Destination Resort Density Pool. The Community Development Board reviewed this Development Agreement application (DVA2008-00001A) at its public hearing on December 20, 2011 and unanimously recommended approval of the application. Cover Memo Item # 22 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 \nPage 1 of 6 Item # 22 Attachment number 1 \nPage 2 of 6 Item # 22 Attachment number 1 \nPage 3 of 6 Item # 22 Attachment number 1 \nPage 4 of 6 Item # 22 Attachment number 1 \nPage 5 of 6 Item # 22 Attachment number 1 \nPage 6 of 6 Item # 22 Attachment number 2 \nPage 1 of 4 CDB Meeting Date: December 20, 2011 Case Number: DVA2008-00001A Owner/Applicant: K & P Clearwater Estate, LLC Agenda Item: F. 2. Representative: J. Paul Raymond, Esq., and Macfarlane, Ferguson & McMullen Address: 100 Coronado Drive CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of the first amendment to the first amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater. ZONING DISTRICT: Tourist (T) FUTURE LAND USE PLAN CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT: Beach Walk PROPERTY USE: Current:Vacant (temporary City public parking lot) Proposed: Overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck) EXISTING North: Tourist (T) District SURROUNDING Pier 60 ZONING AND USES: South: Tourist (T) District Overnight Accommodations East: Tourist (T) District Vacant, Retail Sales and Overnight Accommodations West: Open Space/Recreation (OS/R) District Beach and Gulf of Mexico ANALYSIS: Site Location and Existing Conditions: The 2.75-acre subject property is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. While the subject property is currently used as a temporary public parking lot, it was previously developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach Motel) and numerous retail sales and restaurant uses. The overall property includes several vacated and dedicated rights-of-way. Item # 22 Community Development Board December 20, 2011 DVA2008-00001A Page 1 of 4 Attachment number 2 \nPage 2 of 4 Approved Development: On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004- 00001). These development approvals authorized the following: Use of 250 hotel rooms from the Beach by Design Destination Resort Density Pool; Maximum building height of 150 feet; Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street; Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard; Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. On May 17, 2005, the CDB approved a Flexible Development application (FLD2004-02013A) amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard. On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which dealt with issues associated with Beach st Walk construction and the timing of the dedication of land for Relocated 1 Street (to be known st as Second Street once constructed), as well as for the construction of Relocated 1 Street. On October 21, 2008, the CDB approved FLD2008-05013. This application consisted of a overnight accommodation rooms and 200 interval ownership/ timeshare rooms a total of 450 rooms (163.6 rooms/acre on total site) with 250 rooms being granted to the project from the Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Also included with the application was the vacation of the former pedestrian bridge landing area right-of-way on the northwest corner of the site and the dedication of additional right-of-way at the intersection of S. Gulfview Boulevard and Coronado Drive. At its meeting of December 18, 2008, the City Council approved the companion Development Agreement (DVA2008-00001) to the above FLD application. In addition to addressing those elements directly associated with the new development approval, the amendment also extending the overall life of the agreement until April 2019, but more importantly extending the developers deadline to commence construction until February 11, 2012. Development Agreement: The currently proposed amendment to the Development Agreement does not have a companion development application, as the previously established parameters for the development are not being altered through this amendment. The primary purpose of this amendment is to make clear t Item # 22 Community Development Board December 20, 2011 DVA2008-00001A Page 2 of 4 Attachment number 2 \nPage 3 of 4 timeshares, but instead to develop the project solely as a hotel (in fact two hotels), and to again nt. The Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: Clarifies that the applicant is no longer seeking interval ownership/timeshare use for the units/rooms; Provides a Deletes a paragraph pertaining to interval ownership/timeshare units having to be depicted on Add language to three section of the Development Agreement stating that the applicant is requesting an extension of the Effective Date from February 11, 2009 to on or about February 11, 2012. Based upon this change, the applicant shall have an additional three years during which they must commence construction or lose the 250 overnight accommodation units having been received from the Destination Resort Density Pool. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. The CDB has been provided with the most recent draft of the Development Agreement. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of November 3, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following findings of fact and conclusions of law: Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1.That the 2.75-acre subject property is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street; 2.That the subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3.That any development proposal on the subject property is subject to the requirements of Beach by Design and the Design Guidelines contained therein as the property is located within the Beach Walk character district; 4.That this is an amendment to the prior Development Agreement (DVA2008-00001) having been approved by City Council at their meeting of December 18, 2008; and 5. Agreement, thereby extending the life of the Development Agreement an additional three Item # 22 Community Development Board December 20, 2011 DVA2008-00001A Page 3 of 4 Attachment number 2 \nPage 4 of 4 years from the date the approved and recorded agreement is received by the state land planning agency. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1.That the amendment to the previously approved Development Agreement complies with the standards and criteria of Section 4-606, Community Development Code; 2.That the amendment to the previously approved Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and 3.That the amendment to the previously approved Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Beach Walk character district. Based upon the above, the Planning and Development Department recommends the APPROVAL , and recommendation to the City Council, of the first amendment to the first amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater for the property generally located at 100 Coronado Drive. Prepared by Planning & Development Dept. Staff: Robert G. Tefft, Development Review Manager ATTACHMENT: Amended Development Agreement Item # 22 Community Development Board December 20, 2011 DVA2008-00001A Page 4 of 4 Attachment number 3 \nPage 1 of 1 Item # 22 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Deny a Future Land Use Map Amendment from the Institutional (I) classification to the Industrial Limited (IL) classification and a Zoning Atlas amendment from the Institutional (I) District to the Industrial, Research and Technology (IRT) District, and a Development Agreement between AEC Sunset Point, LLC (the property owner) and the City of Clearwater for property located at 2750 and 2754 Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass Ordinances 8294-12and 8295-12 on first reading and do not pass Resolution 12-01. (LUP2011- 09003, REZ2011-09006 and DVA2011-10001) SUMMARY: This Future Land Use Map amendment, rezoning application and development agreement involve the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, located on the north side of Sunset Point Road, approximately 477 feet west of Soule Road. This property has a future land use classification of Institutional (I) and is in the Institutional (I) zoning district. The applicant is requesting to amend the future land use classification to Industrial Limited (IL) classification and the zoning designation to Industrial, Research and Technology (IRT) District. The subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000; in 2002 the site was sold to AEC Sunset Point, LLC. The property currently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point Road. The property owner intends to expand the current nonconforming manufacturing use to 130,000 square feet. The Planning and Development Department has determined that the proposed Future Land Use Map amendment and Zoning Atlas amendment is inconsistent with the Community Development Code as specified below: · The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. · The proposed amendment conflicts with the character of the neighborhood. · The available uses in the Industrial, Research and Technology (IRT) District are incompatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment, so review and approval by the Florida Department of Economic Opportunity is not required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed Future Land Use Map amendment and Zoning Atlas amendment. Manufacturing use of up to 130,000 square feet of non-residential floor area (0.45 Floor Area Ratio) at a maximum height of 35 feet is proposed, whereas the Community Development Code would allow 186,051 square feet (0.65 Floor Area Ratio) at a maximum height of 50 feet. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years and requires the Developer to limit the use of the property to offices, outdoor retail sales, display and/or storage, research and technology use and manufacturing. The proposed Agreement will prohibit such uses as warehouse facility, major vehicle service, adult uses, nightclubs and salvage yards. The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the Citys Comprehensive Plan. The Community Development Board reviewed these applications at its public hearing on December 20, 2011 and recommended approval (6-1) of the Future Land Use Plan amendment, Zoning Atlas amendment and Development Agreement. Cover Memo Item # 23 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 \nPage 1 of 7 PROJECT SITE LOCATION MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Location Map.doc Attachment number 1 \nPage 2 of 7 AERIAL PHOTOGRAPH Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Aerial Photograph.doc Attachment number 1 \nPage 3 of 7 2701 RU I RL R/O/R I CG 1982 RL RLM IL I 1970 2764 1948 P 2764 27642764 2764 2764 1946 27642764 R/OL 1940 R/O/R 1938 1934 1934 I R/OG P I R/OG RM R/O/R I 2661 R/OL I P RM RLI RM FUTURE LAND USE MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Future Land Use Map.doc Attachment number 1 \nPage 4 of 7 2701 I C I IRT 1982 MHP 1970 2764 P 1948 2764 27642764 2764 2764 1946 27642764 O 1940 C 1938 1934 1934 I LMDR 2661 ZONING MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Zoning Map.doc Attachment number 1 \nPage 5 of 7 2701 Assisted Independent Mobile Home Park 21/03 A 5.85 C(C) Living Facility Living Facility and Nursing Home Single Family Boat, Mobile Home and Travel Trailer Sales Homes 2 Self-Storage 1982 Mobile Home Vacant Park 25622 1970 Preservation 2764 2 1948 3 2764 Land 5 1 27642764 4 2764 5 2764 1946 6 27642764 7 1 1940 3 Vacant 1938 1934 A 4.23 C (C) Phone Utility 1934 24/06 Facility A 1.31 C 1 Office Church Church Offices 2661 4 A A 1C(C) C(C) 1 5 Single Family Homes 1 1 16 11 12 14 9 10 15 1 1 1 EXISTING SURROUNDING USES MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Existing Surrounding Uses Map.doc Attachment number 1 \nPage 6 of 7 View looking north at the subject parcel, 2750 Sunset Point Road View looking north at the subject parcel, 2754 Sunset Point Road West of the subject property, Preservation landWest of the subject property, office East of the subject property, single family homes, view from subject siteEast of the subject property, single family homes, view from Robinwood Drive entrance LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point, LLC Item # 23 2750 and 2754 Sunset Point Road Attachment number 1 \nPage 7 of 7 East of the subject property, officesEast of the subject property, phone utility facility Across street, to south of the subject propertyAcross street, to south of the subject property View looking easterly along Sunset Point RoadView looking westerly along Sunset Point Road LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point, LLC Item # 23 2750 and 2754 Sunset Point Road Attachment number 2 \nPage 1 of 9 Item # 23 Attachment number 2 \nPage 2 of 9 Item # 23 Attachment number 2 \nPage 3 of 9 Item # 23 Attachment number 2 \nPage 4 of 9 Item # 23 Attachment number 2 \nPage 5 of 9 Item # 23 Attachment number 2 \nPage 6 of 9 · · · · · Item # 23 Attachment number 2 \nPage 7 of 9 · · Item # 23 Attachment number 2 \nPage 8 of 9 Item # 23 Attachment number 2 \nPage 9 of 9 Item # 23 Attachment number 3 \nPage 1 of 4 ORDINANCE NO.8294-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATEDON THE NORTH SIDE OF SUNSET POINTROAD APPROXIMATELY 477 FEET WEST OF SOULE ROAD, CONSISTING OF A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2750 AND 2754 SUNSET POINT ROAD,FROM INSTITUTIONAL (I), TO INDUSTRIAL LIMITED (IL);PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described propertyas follows: PropertyLand Use Category See Exhibit “A”From: Institutional (I) To: Industrial Limited (IL) (LUP2011-09003) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2.The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Item # 23 Ordinance No. 8294-12 Attachment number 3 \nPage 2 of 4 ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: _______________________________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 23 Ordinance No. 8294-12 Attachment number 3 \nPage 4 of 4 2701 RU I RL R/O/R I CG 1982 RL RLM IL I 1970 2764 1948 P 2764 27642764 2764 2764 1946 27642764 R/OL 1940 R/O/R 1938 1934 1934 I R/OG P I R/OG RM R/O/R I 2661 R/OL I P RM RLI RM FUTURE LAND USE MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Future Land Use Map.doc Attachment number 4 \nPage 1 of 8 Item # 23 Attachment number 4 \nPage 2 of 8 Item # 23 Attachment number 4 \nPage 3 of 8 Item # 23 Attachment number 4 \nPage 4 of 8 Item # 23 Attachment number 4 \nPage 5 of 8 Item # 23 Attachment number 4 \nPage 6 of 8 Item # 23 Attachment number 4 \nPage 7 of 8 Item # 23 Attachment number 4 \nPage 8 of 8 Item # 23 Attachment number 5 \nPage 1 of 3 ORDINANCE NO. 8295-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 477 FEET WEST OF SOULE ROAD,CONSISTING OF A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2750 AND 2754 SUNSET POINT ROAD,FROM INSTITUTIONAL (I)TOINDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: PropertyZoning District See Exhibit “A”From:Institutional (I) (REZ2011-09006)To:Industrial, Research and Technology (IRT) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8294-12by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ Frank V. Hibbard Mayor Approved as to form:Attest: _________________________________________________________________ Leslie K. Dougall-SidesRosemarie Call Assistant City AttorneyCity Clerk Item # 23 Ordinance No. 8295-12 Attachment number 5 \nPage 3 of 3 2701 I C I IRT 1982 MHP 1970 2764 P 1948 2764 27642764 2764 2764 1946 27642764 O 1940 C 1938 1934 1934 I LMDR 2661 ZONING MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: Case: 10001 LLC REZ2011-09006 DVA2011- TOTAL PROPRTY SIZE: 19.42 Property ACRES Site: 2750 & 2754 Sunset Point Road Size(Acres): PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A Item # 23 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011- 09006,DVA2011-10001 Zoning Map.doc Attachment number 6 \nPage 1 of 5 Item # 23 Attachment number 6 \nPage 2 of 5 Item # 23 Attachment number 6 \nPage 3 of 5 Item # 23 Attachment number 6 \nPage 4 of 5 Item # 23 Attachment number 6 \nPage 5 of 5 Item # 23 Attachment number 7 \nPage 1 of 28 RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER ANDAEC SUNSET POINT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Aviation Engineering Consultants, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1.The Development Agreement between the City of Clearwater and AEC Sunset Point, LLC,a copy of which is attached as Exhibit “A,” is hereby approved. Section 2.This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: _______________________________________________________ Leslie K. Dougall-SidesRosemarie Call City Attorney City Clerk Item # 23 Resolution No. 12-01 Attachment number 9 \nPage 1 of 2 Item # 23 Attachment number 9 \nPage 2 of 2 Item # 23 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code to permit patrons dogs within certain designated outdoor portions of public food service establishments and establish criteria and permits for Dog Friendly Dining, and Pass Ordinance 8306-12 on first reading. (TA2011-10002) SUMMARY: City Council requested that staff prepare a text amendment allowing the presence of patrons dogs in restaurants and/or outdoor caf¯s consistent with Florida Statutes Section 509.233, the €Dixie Cup Clary Local Control Act. The proposed amendment creates a new Article III, Division 25, Dog Friendly Restaurants, which contains: application requirements, expiration and revocation provisions; regulations for establishments that receive permits to allow dogs in designated outdoor areas to follow; and a process for complaints and reporting of permits to the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. The Community Development Board reviewed the proposed text amendments at their meeting on December 20, 2011 and unanimously recommended approval of Ordinance 8306-12. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 24 Attachment number 1 \nPage 1 of 5 Item # 24 Attachment number 1 \nPage 2 of 5 Item # 24 Attachment number 1 \nPage 3 of 5 Item # 24 Attachment number 1 \nPage 4 of 5 Item # 24 Attachment number 1 \nPage 5 of 5 Item # 24 Attachment number 2 \nPage 1 of 1 Clearwater City Council Agenda Cover Memorandum Item # 24 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code (CDC) to address general application requirements, zoning atlas amendments, landscape plans, general provisions of the CDC, setbacks for parking lots, parking demand studies, temporary uses, business tax receipts, development agreements, nonconforming structures, nonconforming uses, nonconforming lots, nonconforming accessory use/structures, and the definition of temporary retail sales and displays and pass Ordinance 8310-12 on first reading. SUMMARY: The Planning and Development Department is proposing a text amendment to the Community Development Code (CDC) that would address some of the simpler or more straightforward changes that can be made to address the recommendations of the Business Task Force (BTF) or that would otherwise assist in fulfilling their goals as well as a few amendments proposed by staff. The proposed ordinance includes amendments addressing a variety of different sections of the CDC. As noted above, some of the amendments were recommended by the BTF while others were initiated by staff. The following is a brief description of those amendments: General Application Requirements for All Development Applications The BTF identified several items that were required in order to file virtually any application for development that they believed to be unnecessary. Staff held discussions with members of the BTF to discuss these requirements and many of the items they suggested be removed from the typical list of requirements are proposed to be removed with this amendment. Application Requirements for Zoning Atlas Amendments This amendment eliminates the need for a development application to be made concurrently with a rezoning request. Application Requirements for Landscape Plans This amendment strikes much of the existing language pertaining to what is required on a landscape plan and provides a reference to additional information that the Community Development Coordinator may require of an application. General Provisions This amendment strikes references to minimum lot depth and minimum habitable area, neither of which are required within the CDC. Parking Lot Setbacks In an effort to provide for a simpler application process, staff is proposing that setbacks relevant to parking lots be exempted from the standard setbacks established in the various zoning districts and instead require a 15-foot front setback and a side setback equal to the required perimeter landscape buffer with alternatives for properties in the Tourist (T) and Downtown (D) Districts. Parking Demand Studies This amendment modifies when applicants are required to prepare a parking demand study in conjunction with a request to reduce the amount of off-street parking required by the CDC. Temporary Uses The purpose of this amendment is to restate the temporary use provisions in a manner that will provide all applicants greater clarity in what is permissible and what is required in order to apply. The proposed amendment neither deletes nor adds any type of temporary use. Business Tax Receipts Cover Memo This language presently exists as part of Section 4-202.A; however with the changes being proposed to this Section, it was out of place if it were to remain. Therefore, it is being relocated into Section 4-205, which is specific to Business Tax Receipts. Item # 25 Application Requirements for Development Agreements This amendment makes only minor alterations to a pair of references in the existing language. Purpose of Nonconforming Provisions The purpose of this amendment is to restate the purpose of the nonconforming provisions, and to make it clear that the purpose of the CDC is not to encourage nonconformities to continue but to bring them into compliance. Nonconforming Structures This amendment removes irrelevant language, language contrary to the purpose of these provisions, and language that is prohibitory to property owners being able to rent/lease building space, as well as providing additional language addressing an element not previously conceived in these provisions: the moving of nonconforming structures. Nonconforming Uses This amendment removes irrelevant language, and provides additional language addressing an element not previously conceived in these provisions: the moving of nonconforming uses. Nonconforming Lots This amendment modifies subsection A to extend the applicability of the provision to all lots within the City and not just residential lots. Subsection B will function as an exception for residential lots with only minor corrections being proposed. Nonconforming Accessory Uses/Structures This amendment clarifies that an accessory structure is required to meet the development standards for a principal use in order to be allowed to continue after the principal use of the property is abandoned or destroyed. Definition of Temporary Retail Sales and Displays This amendment removes language from the definition of temporary retail sales and displays that is not relevant this type of temporary use. The CDB reviewed the proposed text amendment at its meeting of December 20, 2011 and unanimously recommended approval. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 25 Attachment number 1 \nPage 1 of 5 CDB Meeting Date: December 20, 2011 Case Number: TA2011-11004 Ordinance No.: 8310-12 Agenda Item: F. 1. CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code Ordinance Number 8310-12 INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change p streamline development application processes and enable greater signage flexibility. City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff is now proposing a text amendment to the Community Development Code (CDC) that would address some of the simpler or more straightforward changes that can be made to address the recommendations of the BTF or that would otherwise assist in fulfilling their goals as well as a few amendments proposed by staff. ANALYSIS: Proposed Ordinance No. 8310-12 includes amendments addressing a variety of different sections of the CDC. As noted above, some of the amendments were recommended by the BTF while others were initiated by staff. The following is a description of those amendments recommended by the BTF: General Application Requirements for All Development Applications 1. (Pages 10-15 of proposed ordinance) The BTF identified several items that were required in order to file virtually any application for development that they believed to be unnecessary. Staff held discussions with members of the BTF to discuss these requirements and many of the items they suggested be removed from the typical list of requirements are proposed to be removed with this amendment. In fact, this amendment strikes all of Section 4-202.A., CDC, and adopts a much more succinct version in its place; a version that does not list every element that may be required of an application, but instead references four general items and referencing additional information that the Community Development Coordinator may require of an application. The intent here is that the individual development applications will set forth the specific information required and that this information can be tailored to what is needed for that request or application type, and that there would not be a generic application containing a long list of required items that may have no bearing on an individual request. Item # 25 Community Development Board December 20, 2011 TA2011-11004 Page 1 Attachment number 1 \nPage 2 of 5 In amending this Section of the CDC in this manner, the department also gains the flexibility to be able to adapt to needs more easily. For example, if it is found over time that something is being required in the applications that is not truly needed, staff can simply delete the item from the application and move on something that can be accomplished in a matter of minutes. Currently, however, staff would need to propose a text amendment to accomplish this something that could only be accomplished after a couple of months. It is noted that the language in this proposed amendment pertaining to mobile homes is actually existing language that is being retained, and not new language being added into the CDC. Application Requirements for Zoning Atlas Amendments 2. (Page 16 of proposed ordinance) Presently, the CDC requires that an application for a Zoning Atlas amendment can only be initiated by the City Council, the Community Development Coordinator, the Community Development Board, or by a person applying for a development approval. This amendment eliminates the need for a development application to be made concurrently with a rezoning request. The ability to request a rezoning without having to assume all of the expenses associated with preparing development plans was one of the recommendations of the BTF. Application Requirements for Landscape Plans 3. (Pages 16-17 of proposed ordinance) Similar to those changes made under #5, above; this amendment strikes much of the existing language pertaining to what is required on a landscape plan in conjunction with a development application, and provides a reference to additional information that the Community Development Coordinator may require of an application. The purpose for this change is the same as that of #5. The following is a description of those amendments initiated by staff: General Provisions 1. (Page 2 of proposed ordinance) This amendment intends to revise an element of the stated purposes of the CDC to reflect what is actually set forth within the CDC. The CDC has never included minimum lot depth or minimum habitable area requirements, and there is no indication that these would be necessary to add into the CDC. Parking Lot Setbacks 2. (Page 2 of proposed ordinance) Staff conducted an analysis of applications received over a two year period in order to determine if there was a common reason for projects having to be submitted through either the Flexible Standard Development (FLS) or Flexible Development (FLD) application processes. While there was no singularly dominant reason, it was noticed that there were a sizable number of applications that either had to be made through one of the above processes or escalated from an FLS to an FLD application as a result of the project proposed setbacks to off-street parking lots. Therefore, in an effort to provide for a potentially simpler application process, staff is proposing that setbacks relevant to parking lots be exempted from the standard setbacks established in the various zoning districts that are presently applicable to both all forms of pavement and buildings. Instead parking lots would be required a 15-foot front setback and a side setback equal to the required perimeter landscape buffer. As there are no perimeter landscape buffers required in the Tourist (T) and Item # 25 Community Development Board December 20, 2011 TA2011-11004 Page 2 Attachment number 1 \nPage 3 of 5 Downtown (D) Districts, the amendment provides clarification for how this requirement would be handled in those instances, as well as clarifying that this exemption does not apply to detached dwellings where parking lots are not permissible. While this amendment was not specifically recommended by the BTF, we believe that it meets their goals of providing for a more streamlined and efficient process. Parking Demand Studies 3. (Pages 2-3 of proposed ordinance) This amendment modifies when applicants are required to prepare a parking demand study in conjunction with a request to reduce the amount of off-street parking required by the CDC. Presently, the CDC is vague in its require to prepare such a study, but providing nothing with regard as to when a study would or would not be required. This amendment provides specific language that a parking demand study would need to be provided if the requested flexibility of the parking standards is greater than 50% of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space). This amendment will hopefully provide greater up-front clarity to developers as to what needs to be provided as well as eliminating costs relating to the production of unnecessary parking demand studies. While this amendment was not specifically recommended by the BTF, we believe that it meets their goals of providing for a more streamlined and efficient process. Temporary Uses 4. (Pages 3-10 of proposed ordinance) While this amendment strikes all of the existing language for temporary uses, the majority of this language returns unchanged in the proposed text. The purpose of this amendment is to restate the temporary use provisions in a manne clarity in what is permissible and what is required in order to apply. The proposed amendment neither deletes nor adds any type of temporary use. Business Tax Receipts 5. (Page 15 of proposed ordinance) This language presently exists as part of Section 4-202.A; however with the changes being proposed to this Section, it was out of place if it were to remain. Therefore, it is being relocated into Section 4-205, which is specific to Business Tax Receipts. Application Requirements for Development Agreements 6. (Page 16 of proposed ordinance) This amendment makes only minor alterations to a pair of references in the existing language. Purpose of Nonconforming Provisions 7. (Page 17 of proposed ordinance) The purpose of this amendment is to restate the purpose of the nonconforming provisions, and to make it clear that the purpose of the CDC is not to encourage nonconformities to continue but to bring them into compliance. Nonconforming Structures 8. (Page 18 of proposed ordinance) This amendment accomplishes several things. In subsection B, the inclusion of the word is not desirable to replace nonconforming structures; therefore the amendment would remove to the CDC to bring nonconformities into compliance. Item # 25 Community Development Board December 20, 2011 TA2011-11004 Page 3 Attachment number 1 \nPage 4 of 5 Subsection C in the existing text is proposed to be removed as it was supportive of nonconformities being retained rather than being brought into compliance. Subsection E in the existing text is proposed to be removed as it was found to be prohibitory to property owners being able to rent/lease building space that they had available simply because the building happened to be nonconforming, even when the uses involved were not. Removing this provision should help facilitate businesses being able to occupy existing structures more easily. Subsection D in the existing text (now proposed as subsection C) is being restated for the purpose of clarity. While this amendment does eliminate a provision relating to compliance with off-street parking, this should not have been associated with these provisions, as compliance with off-street parking regulations is a product of the property use and not the structure on the property. The new subsection E furthers the purpose of these regulations covering an element not previously conceived in these provisions: the moving of nonconforming structures and the removal of portions of nonconforming structures. Nonconforming Uses 9. (Pages 18-19 of proposed ordinance) This amendment accomplishes several things. In subsection A, the language being removed is not relevant to this Section as it pertains to nonconforming structures. The revision to subsection B provides additional language addressing an element not previously conceived in these provisions: the moving of nonconforming uses. The amendments proposed to subsections C and D are minor and not substantive. Nonconforming Lots 10. (Pages 19-20 of proposed ordinance) This amendment modifies subsection A to extend the applicability of the provision to all lots within the City and not just residential lots. Subsection B will function as an exception for residential lots with only minor corrections being proposed. Nonconforming Accessory Uses/Structures 11. (Page 20 of proposed ordinance) This amendment clarifies that an accessory structure is required to meet the development standards for a principal use in order to be allowed to continue after the principal use of the property is abandoned or destroyed. Previously, the provision was non-specific and could have been interpreted that the accessory use/structure provisions of the Code were to be complied with. However, in the scenario provided by this Section, the structure could be left on the property as the principal structure and therefore should be required to meet those standards. Definition of Temporary Retail Sales and Displays 12. (Page 20 of proposed ordinance) This amendment removes language from the definition of temporary retail sales and displays that is not relevant this type of temporary use. Specific temporary uses have been established for carnivals, residential sales offices and garage sales; therefore they should not be considered to be part of a temporary retail sales and display and should not be incorporated into this definition. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Item # 25 Community Development Board December 20, 2011 TA2011-11004 Page 4 Attachment number 1 \nPage 5 of 5 1.The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals and Policy which will be furthered by the proposed Code amendments: Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. The amendments proposed by this ordinance are intended to simplify or clarify the various development review processes. By this, the above referenced Policy of the Comprehensive Plan will be furthered by providing a clearer and more easily understandable process for property owners to follow in developing their property. 2.The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1., CDC). The amendments proposed by this ordinance will further the above referenced purposes by making improvements to the established rules of procedure for land development approvals. The improvements will remove some upfront costs to development and clarify the process to more readily enable property owners to enhance the value of their property. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department APPROVAL recommends of Ordinance No. 8310-12 that amends the Community Development Code. Prepared by Planning & Development Dept. Staff: Robert G. Tefft, Development Review Manager ATTACHMENT: Ordinance No. 8310-12 Item # 25 Community Development Board December 20, 2011 TA2011-11004 Page 5 Attachment number 2 \nPage 1 of 21 Item # 25 Attachment number 2 \nPage 2 of 21 Item # 25 Attachment number 2 \nPage 3 of 21 Item # 25 Attachment number 2 \nPage 4 of 21 Item # 25 Attachment number 2 \nPage 5 of 21 Item # 25 Attachment number 2 \nPage 6 of 21 Item # 25 Attachment number 2 \nPage 7 of 21 Item # 25 Attachment number 2 \nPage 8 of 21 Item # 25 Attachment number 2 \nPage 9 of 21 Item # 25 Attachment number 2 \nPage 10 of 21 Item # 25 Attachment number 2 \nPage 11 of 21 Item # 25 Attachment number 2 \nPage 12 of 21 Item # 25 Attachment number 2 \nPage 13 of 21 Item # 25 Attachment number 2 \nPage 14 of 21 Item # 25 Attachment number 2 \nPage 15 of 21 Item # 25 Attachment number 2 \nPage 16 of 21 Item # 25 Attachment number 2 \nPage 17 of 21 Item # 25 Attachment number 2 \nPage 18 of 21 Item # 25 Attachment number 2 \nPage 19 of 21 Item # 25 Attachment number 2 \nPage 20 of 21 Item # 25 Attachment number 2 \nPage 21 of 21 Item # 25 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida for services pursuant to Clearwater RFP 33-10, Clearwater Greenprint: A Framework for a Competitive, Vibrant, Green Future Phase II U.S. 19 Corridor Redevelopment Plan, as described in the Scope of Services for a lump sum fee of $131,185, and authorize the appropriate officials to execute same. (consent) SUMMARY: This Planning and Development Department project will result in a corridor redevelopment plan for U.S. 19, addressing future growth demands and the ability of the corridor to accommodate all facets of that new growth. Work products will assist the City in successfully Clearwater Greenprint implementing components of (Phase I) and the 2011 Economic Development Strategic Plan. The U.S. 19 Corridor Redevelopment Plan will include: · Assessment of existing conditions of the corridor (e.g., form and character, vehicle access and circulation), documented in pictures, maps, and narrative; · Analysis of market conditions affecting development, resulting in a matrix of feasible real estate development potential over near, mid, and long terms; · Plan for redevelopment including preferred mix of intensity-density of future land uses and site studies to illustrate how specific development programs, design concepts, mobility enhancements, and sustainability strategies may be applied to up to four selected sites along the corridor; · Land use and zoning strategies to guide development; · Proposed standards and guidelines to guide the form and design character of redevelopment and illustrations of how specific strategies, development programs, and design concepts could work in selected areas; · Mobility and connectivity strategies and recommendations; and · Effective, achievable methods€policies, incentives, and public investments€to promote context sensitive, energy efficient development on vacant and underutilized sites. On October 12, 2011, the City issued Request for Proposal (RFP) #33-11 for the project that requested the consultant engage the public, property owners, and businesses to develop recommendations to address the following objectives: · Clearwater Greenprint Translate the broader vision of into a plan that will guide the future growth, development, and investment in an energy efficient manner along U.S. 19; · Address related land use issues identified within the citys 2011 Economic Development Strategic Plan to support future economic growth in a sustainable development pattern; · Develop specific land use and zoning recommendations and/or revisions to implement the 2011 Economic Development Strategic Plan; · Foster land use and transportation planning by strengthening linkages between U.S. 19, adjoining neighborhoods, future transit locations (e.g., future BRT), and design of public and private spaces; and · Develop standards and incentives for energy-efficient design of new development, reuse and infill development, and supporting infrastructure within the corridor. Notice of the RFP was posted on the Citys website on October 12, 2011, advertised in the St. Petersburg Times on October 20, 2011, posted online by the American Planning Association (APA) and APA Florida Chapter, and mailed directly to three national firms. Five firms submitted proposals by the November 14, 2011, proposal deadline including: 1) HDR (Tampa); 2) IBI Group (Florida) Inc. (Tampa); 3) Stantec (Tampa): 4) Tindale-Oliver and Associates, Inc. (Tampa); and 5) Wade Trim, Inc. (Tampa). On November 21, 2011, the Citys Evaluation Committee short-listed HDR, Tindale-Oliver and Associates, and Wade Trim. References were checked and the firms were invited to present their qualifications and project approach to the Evaluation Committee on December 6, 2011. The firms were ranked using a point system with five criteria: Project Approach (30 points); Public Outreach/Involvement (25 Cover Memo points); Qualifications and Experience (25 points); Schedule (20 points); and Value (10 points). Item # 26 The top ranked firm was HDR. HDR, partnered with Robert Charles Lesser and Company (RCLCO) and the University of Floridas Program for Resource Efficient Communities (UF PREC), demonstrated strong capabilities in planning, transportation, and energy efficiency, and real estate/economic analysis (e.g., community sustainability visioning, corridor studies, economic and redevelopment Clearwater Greenprint strategies). The project team demonstrated a high understanding of the connection between and the 2011 Economic Development Strategic Plan, and presented an approach involving a variety of stakeholders (e.g., listening sessions, key leader briefings, market potentials workshop, public workshops) to develop a detailed plan to guide public and private investment over a 20-year time frame in an energy-efficient manner. Additionally, HDR has working knowledge of City operations and staff, as well as working relationships with governmental agencies that will participate in the planning and adoption processes (e.g., Pinellas County MPO, Pinellas Planning Council, FDOT and TBARTA). The Evaluation Committee recommends that the City Council award the contract to HDR. The project will be funded using the remaining U.S. Department of Energy Block Grant funding (Phase 2) awarded on September 21, 2009. HDR is an Engineer of Record, so the project will be processed as a work order to the existing contract. The scope of services with HDR addresses the U.S. 19 Corridor Redevelopment Plan for a lump sum fee of $131,185. Type: Other Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $131,185$0 Not to Exceed:Total Cost: $131,185 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 181-99858$131,185 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 26 Attachment number 1 \nPage 1 of 2 Item # 26 Attachment number 1 \nPage 2 of 2 Item # 26 Attachment number 2 \nPage 1 of 8 Item # 26 Attachment number 2 \nPage 2 of 8 Item # 26 Attachment number 2 \nPage 3 of 8 Item # 26 Attachment number 2 \nPage 4 of 8 Item # 26 Attachment number 2 \nPage 5 of 8 Item # 26 Attachment number 2 \nPage 6 of 8 Item # 26 Attachment number 2 \nPage 7 of 8 Item # 26 Attachment number 2 \nPage 8 of 8 Item # 26 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Parks and Recreation Board with term to expire January 31, 2016. SUMMARY: APPOINTMENT WORKSHEET Parks and Recreation Board 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. 1 APPTS. NEEDED: THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES ON THIS BOARD AND NOW REQUIRES REAPPOINTMENT: 1. Ron Whitcomb  1009 Pearce Dr., #210, 33764  Original appointment 1/15/04 (2 absences in the past year) nd 2 (Serving tem which expires 1/31/12) Interest in Reappointment: Yes (new appl received) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: No other applications on file. Zip codes of current members on board: 1 at 33755 2 at 33761 2 at 33764 2 at 33767 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 27 Attachment number 1 \nPage 1 of 2 Item # 27 Attachment number 1 \nPage 2 of 2 Item # 27 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8307-12 on second reading, amending Chapter 32, Utilities, Section 32.182, and renumbering subsections accordingly, and amending Appendix A, Article XXV, Public Works  Fees, Rates and Charges, Section (1)(c), Clearwater Code of Ordinances, regarding sewer services outside the corporate limits of the city. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 \nPage 1 of 4 Item # 28 Attachment number 1 \nPage 2 of 4 Item # 28 Attachment number 1 \nPage 3 of 4 Item # 28 Attachment number 1 \nPage 4 of 4 Item # 28 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: NAACP request: Name Change of the North Greenwood Recreation and Aquatics SUMMARY: Review Approval: Cover Memo Item # 29 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Pickles Request SUMMARY: Review Approval: Cover Memo Item # 30 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Greenprint Community Gardens - Councilmember Jonson SUMMARY: Review Approval: Cover Memo Item # 31 Meeting Date: 1/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Uncorked Presentation - Tammy Gail SUMMARY: Review Approval: Cover Memo Item # 32