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05/04/2006 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 05/04/2006 6: 00 PM Location: Council Chambers - City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1 Call to Order 2 Invocation 3 Pledge of Allegiance 4 Introductions and Awards 5 Presentations: 5.1 Proclamation - Municipal Clerks Week - April 30 - May 6, 2006 5.2 Proclamation - National Drinking Water Week - May 7-14,2006 5.3 Proclamation - Emergency Medical Services Week - May 14-20, 2006 5.4 Proclamation - National Tourism Week - May 14-20, 2006 5.5 "Check" from Police Volunteers 6 Approval of Minutes 6.1 City Council Meeting - April 20, 2006 6.2 City Council Special Meeting (Closed Attorney/Client Session) - May 1, 2006 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - Presentation of issues by City Staff - Statement of case by applicant or representative (5 min.). - Council Questions - Comments in support or opposition (3 min. per speaker or 10 min. maximum as spokesperson for others that have waived their time). - Council Questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Pass Ordinance 7616-06 on first reading, establishing the Mobile Home Transition Program; amending the Community Development Code to add Section 4-202A.26, additional requirement for applicants regarding adequate facilities for relocation; adding Section 4-610, providing a Level Three procedure for determination of adequate facilities; providing for qualifying governmental action; providing for applicant responsibilities; providing for statutorily required council action and conditional final decision; providing standards for review; creating Code of Ordinances Section 34.01-34.12, Supplemental Rental Assistance Payment Fund, with alternatives and criteria. 9 Quasi-judicial public hearings Staff states and summarizes reasonsfor recommendation (2 minutes). Applicant presents case, including its testimonyand exhibits. Witness may be cross-examined (15 minutes). Staff presents further evidence. Ma~e cross-examined (10 minutes). Public comment (3 minutes per speakeror 10 minutes maximum as spokesperson for others that have waived their time). City Council discussion, andmay question any witness. Applicant may call witnessesin rebuttal (5 minutes). Conclusion by applicant(3 minutes). Decision. 9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-2, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3076 Cherry Lane (consisting of a portion of metes and bounds 22/28 in Section 16, Township 29 south, Range 16 east) ; and PASS Ordinances 7607-06,7608-06 & 7609-06 on first reading. 10 Second Readings - public hearing 10.1 Adopt Ordinance 7610-06 on second reading, annexing certain real property whose post office address is 1737 Lucas Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.2 Adopt Ordinance 7611-06 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1737 Lucas Drive, upon annexation into the City of Clearwater, as Residential Low. 10.3 Adopt Ordinance 7612-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1737 Lucas Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.4 Adopt Ordinance 7613-06 on second reading, vacating a portion of Section 9, Township 29 South, Range 15 East, being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor; three drainage and utility easements and one ingress/egress easement; subject to applicant fulfilling all obligations and requirements described herein. 10.5 Adopt Ordinance 7628-06 on second reading, vacating the two five-foot drainage and utility easements, one lying along the north property Ine of Lot Four of Unit Two, Island Estates of Clearwater, and the other five-foot drainage and utility easement lying along the south property Ine of Lot Five of Unit Two, Island Estates of Clearwater. 10.6 Adopt Ordinance 7630-06 on second reading, making amendments to the Community Development Code by amending Zoning District Table 2-504 High Density Residential district to increase the minimum off-street parking requirement for residential infill projects from 1 space to 2 spaces per unit; amending Article 3, Development Standards, Section 3-1803.1, Signs, to amend the exception for the prohibition of sandwich board signs; and amending Section 3-1805, to permit sandwich board signs during public construction projects, and size and material standards for such signs. 10.7 Adopt Ordinance 7632-06 on second reading, amending Chapter 33, Section 33.114, Code of Ordinances, relating to vessels and aircraft prohibited in certain areas, to add a defined area for no vessels around Pier 60. City Manager Reports 11 Consent Agenda 11.1 Reappoint Mr. Frederick I. Ziegler to a two-year term as a Trustee of the Clearwater Firefighters'Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 11.2 Approve settlement of the liability claim of Mathew Owen for payment of $35,000 and authorize the appropriate officials to execute same. (consent) 11.3 Approve the collective bargaining agreements as negotiated between the City of Clearwater and IAFF Local 1158, Fire District Chiefs, for Fiscal Years 2002/2003, 2003/2004, 2004/2005, and 2005/06 and authorize the appropriate officials to execute same. (consent) 11.4 Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from June 11, 2006 through June 10, 2007 for the City to utilize Pinellas County School buses at a cost of $1.00 per mile plus $18.20 per hour, for a total estimated cost of $45,000 and the appropriate officials be authorized to execute same. (consent) 11.5 Approve a Partnership and Operational Support Agreement from May 4, 2006 through May 3,2011, between the City of Clearwater and City Players, Inc., to provide a summer musical production at Ruth Eckerd Hall and provide first year funding of $26,000. (consent) 11.6 Declare vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) 11.7 Approve a supplement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation to add $3,822,000.00 of federal funding for the construction of Beach Walk and authorize the appropriate officials to execute same. (consent) 11.8 Approve award of the Lift Station 58 Rehabilitation (03-0094-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $1,459,892.17, in accordance with City Code Sec. 2.564(d), other governmental bid, and that the appropriate officials be authorized to execute same. (consent) 11.9 Appoint Jamie Andrian Blackstone in the resident category and Patrick O'Neil in the Agency or Government Representative category to the Brownfields Advisory Board with the term expiring on May 31,2010. 11.10 Appoint Aubry "Brooks" Hammac and Ray Shaw to the Parks and Recreation Board with the term expiring on May 31,2010. 11.11 Reappoint Donald F. Brackett and Peggy Cutkomp to the Neighborhood and Affordable Housing Advisory Board (NAHAB) with the term expiring on May 31, 2010. (consent) 11.12 Authorize an increase of $150,000 to the monetary limit on the contract with the firm of Thompson Goodis for outside counsel services related to representation in Crouch v. City of Clearwater, et aI., Case No. 93-2860-CI-21, and approve an increase of $75,000 to the City Attorney's Operating budget to be funded from the retained earnings of the general fund. 12 Other items on City Manager Reports 13 City Attorney Reports 13.1 Adopt Resolution 06-31, urging the County Charter Review Commission (CRC) to oppose excluding elected officials on future CRCs; Adopt Resolution 06-32, opposing the CRC proposal to eliminate the dual referendum for a change of any function, service, power or regulatory authority of a muncipality and Adopt Resolution 06-33, urging the CRC to reject all proposed provisions related to annexation policy. 14 City Manager Verbal Reports 15 Council Discussion Items 16 Other Council Action 17 Adjourn 0AJ 3' I ater City Council _,.,.,m~5J,~,-:!~a C~,~~r Memorandl!=m Tracking Number: 2,048 Actual Date: 05/04/2006 Subject / Recommendation: Pass Ordinance 7616-06 on first reading, establishing the Mobile Home Transition Program; amending the Community Development Code to add Section 4-202A.26, additional requirement for applicants regarding adequate facilities for relocation; adding Section 4-610, providing a Level Three procedure for determination of adequate facilities; providing for qualifying governmental action; providing for applicant responsibilities; providing for statutorily required council action and conditional final decision; providing standards for review; creating Code of Ordinances Section 34.01-34.12, Supplemental Rental Assistance Payment Fund, with alternatives and criteria. Summary: Florida Statutes Section 723.083 restricts the ability of local governments to take action including rezoning that would result in removal or relocation of mobile home owners without first making an affirmative finding that adequate mobile home parks or other suitable facilities exist for such relocation. This Ordinance provides for a Mobile Home Transition Program to operate in such situations. Pinellas County adopted a similar ordinance in December 2005. Establishment of the Program entails amendments to both the Community Development Code and the Code of Ordinances. Amendment to add Subsection 4-202A.16 adds to the application procedures a requirement that if approval will result in removal/relocation of mobile home owners residing in a mobile home park, information must be provided sufficient to show that adequate parks or other facilities exist for relocation. Amendment to add Section 4-610 provides for a procedure to determine that adequate parks or other facilities exist, provides for review by staff, Community Development Board, and City Council, provides for conditional approval in lieu of an affirmative finding upon deposit by applicant into the Supplemental Rental Assistance Payment Fund or alternative means of assurance, and provides a standard for review. Amendment to Code of Ordinances to add Sections 34.01-34.12 creates the Supplemental Rental Assistance Fund, provides a method of calculating deposits into the Fund, provides for housing counseling services to mobile home owners, and provides for supplemental rental assistance payments to qualified mobile home owners for whom affordable replacement housing has not been identified, with eligibility criteria specified.' Payments are to be made to the lessor of the mobile home owner for up to a 24-month consecutive period. Originating: City Attorney Section Administrative public hearings Category: Code Amendments, Ordinances and Resolutions Public Hearing: Yes Advertised Dates: 05/04/2006 05/18/2006 Financial Information: ~ ster Review Approval Pam Akin Cvndie Goudeau City Council =.,..,~g~~nda C~yer Memorandul1!,~.,,,~_.~.,",_m_.,.,=-. 04-11-2006 10:57:50 04-19-2006 15:07:04 l ORDINANCE NO. 7616-06 AN ORDINANCE OF THE CITY OF CLEARWATER ESTABLISHING THE MOBILE HOME TRANSITION PROGRAM; AMENDING THE COMMUNITY DEVELOPMENT CODE, ARTICLE 4, DIVISION 2, GENERAL PROCEDURES, TO ADD SUBSECTION 4-202A.26; AMENDING COMMUNITY DEVELOPMENT CODE, ARTICLE 4, DIVISION 6, TO ADD SECTION 4-610; PROVIDING A LEVEL THREE PROCEDURE FOR DETERMINATION THAT ADEQUATE MOBILE HOME PARKS OR OTHER SUITABLE FACILITIES EXIST FOR THE RELOCATION OF MOBILE HOME OWNERS PURSUANT TO FLORIDA STATUTES SECTION 723.083; PROVIDING FOR QUALIFYING GOVERNMENTAL ACTION; PROVIDING FOR APPLICANT RESPONSIBILITIES; PROVIDING FOR STATUTORILY REQUIRED COUNCIL ACTION; PROVIDING FOR CONDITIONAL FINAL DECISION; PROVIDING STANDARDS FOR REVIEW; CREATING CODE OF ORDINANCES CHAPTER 34, SPECIAL FUNDS, ARTICLE I, SECTIONS 34.01 THROUGH 34.12; PROVIDING FOR SUPPLEMENTAL RENTAL ASSISTANCE PAYMENT FUND; PROVIDING FOR AN ALTERNATIVE MITIGATION OPTION; PROVIDING FOR RENTAL ASSISTANCE PAYMENTS TO ELIGIBLE INDIVIDUALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 723, Florida Statutes, regulates mobile home park tenancies and intends to balance the basic property rights of park owners with the housing needs of mobile home owners renting sites within mobile home parks; and WHEREAS, the City Council of the City of Clearwater (Council) is empowered under Chapter 166, Florida Statutes, to enact ordinances for the benefit of the safety, health and welfare of the people of the City; and WHEREAS, in an attempt to strike an appropriate balance, Section 723.083, Florida Statutes, specifically restricts the ability of a local government to take any official action, including rezoning, that would result in the removal or relocation of mobile home owners residing in a mobile home park without first making an affirmative finding that there exist adequate mobile home parks or other suitable facilities for the relocation of mobile home owners; and WHEREAS, the Department of Legal Affairs, Office of the Attorney General, specifically found that a finding of adequate or suitable facilities per Section 723.083, Florida Statutes, "be appropriate to the financial and other needs of the specific population of mobile home owners"; and Ordinance No. 7616-06 WHEREAS, the Council finds there is a scarcity of affordable housing in the City of Clearwater and Pinellas County, which limits the amount of affordable mobile home parks or other suitable facilities available to mobile home owners subject to removal or relocation as a result of a mobile home park redevelopment; and WHEREAS, the Council finds that applicants often lack sufficient information about the financial capacity of individual mobile home owners within the park needed to allow the Council to determine the existence of adequate or suitable facilities for the relocation of eligible displaced mobile home owners; and WHEREAS, the failure of an applicant to provide competent substantial evidence sufficient to support the Council's requisite finding under Section 723.083, Florida Statutes, of available adequate or suitable facilities within the financial means of mobile home owners removed or relocated as the result of a rezoning or other official action, standing alone, represents a justification for denial of rezoning or other official action; and WHEREAS, the recent widespread conversion of mobile home parks to other uses, and the resulting potential removal and relocation of mobile home owners, present separate and immediate short-term needs that must be assessed under Section 723.083, Florida Statutes; and WHEREAS, the Council finds that there exists an essential nexus between the legitimate City interest of complying with the statutory requirement of ensuring adequate affordable housing for mobile home owners under Section 723.083, Florida Statutes, and the voluntary rental assistance payment option set forth in this mobile home transition program; and WHEREAS, the Council further finds that there exists the required degree of connection between the voluntary rental assistance payment option and the ability to ensure adequate or suitable facilities for mobile home owners impacted as a result of a park redevelopment; and WHEREAS, pursuant to Section 723.083, Florida Statutes, the absence of adequate or suitable facilities for the relocation of eligible mobile home owners displaced as a result of a rezoning or other official action requires denial of rezoning or other official action; and WHEREAS, the Mobile Home Transition Program, as proposed and implemented herein, is intended to supplement the existing methods by which an applicant can meet its statutory burden under Section 723.083, Florida Statutes, and this additional voluntary method will simultaneously assist eligible mobile home owners to secure adequate or suitable facilities; and WHEREAS, offering a voluntary rental assistance payment option to the applicant is specifically designed to address, and substantially relates to, the need to 2 Ordinance No. 7616-06 assure the afford ability of adequate or suitable facilities for those mobile home owners who might be removed or relocated as a result of the governmental action; and WHEREAS, the availability of such rental assistance option in the manner and by the procedures provided in this ordinance addresses the needs of the specific population of mobile home owners who will be removed or relocated by a rezoning or other official action approval that triggers the provisions of Section 723.083, Florida Statutes; and WHEREAS, the Council deems it appropriate for the applicant to set aside an amount sufficient to ensure the ability of eligible mobile home owners to secure affordable facilities and maintain affordability for a period of up to two years; and WHEREAS, less administrative fees, all funds provided by the applicant and not used to provide rental assistance to individual mobile home owners should be returned to the applicant; and WHEREAS, the Council's specific intent is that, regardless of the source of the funding, any voluntary monies paid to support a Section 723.083, Florida Statutes, finding are to be paid directly to the City or its designee and not to the individual mobile home owners, and no funds from the program are to be construed as a payment by the applicant that would otherwise disqualify the mobile home owner for payment by the Mobile Home Relocation Corporation provided for under Section 723.0612, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, that: Section 1. The foregoing "Whereas" clauses are hereby incorporated as legislative findings in support of this Ordinance. Section 2. The Clearwater Community Development Code, Article 4, Section 4-202, Applications for Development Approval, is amended by adding subsection A. 26 to read as follows: 26. 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 Florida Statutes 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 Chapter 723, Florida Statutes.. 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 3 Ordinance No. 7616-06 2. Monthly rent charged for each space occupied by a mobile home owner; and 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. Section 3. The Clearwater Community Development Code, Article 4, Division 6, is amended by adding Section 4-610 to read as follows: Section 4-610. Governmental action affecting mobile home owners. A. Purpose and applicability. It is the purpose of this section to establish a procedure for determining that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners pursuant to Florida Statutes 723.083 (hereinafter referred to as "the Determination"), when an applicant has filed for rezoning or any other official action that would result in the removal or relocation of mobile home owners residing in a mobile home park other than a resident-owned park. This section shall apply to any application for Level One, Two or Three approval that would result in the removal or relocation of mobile home owners residing in a mobile home park other than a resident-owned park, hereinafter referred to as a Qualifying Official Governmental Action ("QOGA"). Resident-owned parks involved in legally sanctioned and voluntary applications for changes of zoning are specifically excluded from the provisions of this ordinance. Level One or Two approvals shall be contingent upon the Determination required herein. If the Application 4 Ordinance No. 7616-06 includes more than one Level Three approval the hearing shall be conducted concurrently. B. Application/initiation requirements. An application for Level One, Two or Three approval that would result in the removal or relocation of mobile home owners residing in a mobile home park other than a resident-owned park, shall include such information as is applicable in Section 4-202(A). C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, setting forth a recommended Determination of approval, approval with conditions or denial and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the Determination request in accordance with the requirements of Section 4-206 and issue a recommended order to the City Council setting forth the board's findings in regard to whether the applicant has demonstrated that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners based on the standards set forth in Section 4-610 F. and may include any proposed conditions. E. City Council review/decision. Upon receipt of the recommended order of the community development board, the City Council shall conduct a public hearing in accordance with the provisions of Section 4-206. If the Council is satisfied that the evidence indicates that adequate mobile home parks or other suitable facilities exist for the relocation of the eligible displaced mobile home owners, it shall make a finding of such and the condition for approval shall be met. If the Council is not satisfied that the evidence indicates the existence of adequate mobile home parks or other suitable facilities for the relocation of the eligible displaced mobile home owners, the finding shall state such and the QOGA shall be denied or approved conditionally as provided in subsection F. below. F. Upon determining that there is a lack of competent substantial evidence to support an affirmative finding under Section 723.083, Florida Mobile Home Act, the Council may grant a conditional approval under the following conditions: 1. The Applicant shall deposit monies into the Supplemental Rental Assistance Payment Fund (Chapter 34, Article I, Code of Ordinances) for purposes of assuring that rental assistance is available for all eligible mobile home owners for whom affordable mobile home parks or other suitable facilities cannot be identified, and 2. The full Supplemental Rental Assistance Payment amount must be deposited prior to issuance of any permits for the site, and 3. No notice of eviction for change of use of property shall be given or effective unless the mobile home park owner shall have first paid to the 5 Ordinance No. 7616-06 City an amount equal to the City's actual out-of-pocket cost to qualify mobile home owners and provide initial counseling times the number of owner-occupied mobile homes located in the mobile home park as provided in Article 34 of the Code of Ordinances, and 4. No later than the date the notice of eviction for change of use is given to mobile home owners, the Applicant will notify mobile home owners of their rights under Article 34 including possible eligibility for rental assistance payments if affordable replacement or relocation facilities cannot be identified. 5. Alternatively, an Applicant may provide an alternative means of meeting the requirements of Section 723.083 by addressing in a manner acceptable to the Council any affordability gap, using the criteria defined herein, between the cost of the identified replacement unit and the affordable rent as published by the State of Florida's State Housing Initiative Partnership Program for the mobile home owner's household income category. Any such alternative means shall meet the spirit and intent of the Supplemental Rental Assistance Payment Fund. The granting of such conditional approval pursuant to this section will provide a presumption that the provisions of Florida Statutes, Chapter 723.083 have been satisfied. G. Standards for review. 1. The proposed Determination is consistent with and furthers the goals, policies and objectives of the comprehensive plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. 2. The Council shall review all information provided and shall make its decision based on substantial and competent evidence. Section 4. The Code of Ordinances of the City of Clearwater is hereby amended to create Chapter 34 Special Funds, Article I Supplemental Rental Assistance Payment Fund, to read as follows: Article I. Supplemental Rental Assistance Payment Fund. Section 34.01 Purpose. The Supplemental Rental Assistance Payment Fund ("Fund") is intended as a resource to assure that affordable mobile home parks or other suitable facilities will be available for mobile home owners who are removed or relocated as a result of a rezoning or any other official action as provided in Florida Statutes 723.083 hereinafter referred to as a Qualifying Official Governmental Action ("QOGA"). Payments from this Fund do not provide a relocation payment or any other form of compensation to mobile home owners. If the Applicant for a QOGA cannot identify adequate mobile home parks or other suitable facilities 6 Ordinance No. 7616-06 that are affordable to the impacted mobile home owners, the payment will be used to provide temporary rental assistance to qualified mobile home owners. Section 34.02 Applicabilitv. An Applicant who has been granted a conditional approval under Section 4-610 of the Clearwater Community Development Code and who has not provided an alternative means of meeting the requirements of Section 723.083 acceptable to Council, shall make payment into the Fund as provided in this Article. Section 34.03 Replacement housinq profile. The Applicant shall provide information specified below to establish a replacement housing profile for the mobile home owners residing in the park. For purposes of this Article "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 Chapter 723, Florida Statutes. The following information shall be provided: 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 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 in subsection 5 below; 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 in subsection 5 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 and 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 7 Ordinance No. 7616-06 property and serve the same age, household, and occupancy profiles as the subject property. Section 34.04 Payment into Fund. A. Calculation of Deposits. The amount to be deposited into the Supplemental Rental Assistance Payment Fund by the Applicant will be calculated by the City or its designee using the following methodology: 1. Identify the units occupied by mobile home owners and unit size based on number of bedrooms; and 2. Identify the weighted average lot rent for owners in the subject mobile home park; and 3. Identify the weighted average rents for similarly sized rental units in Clearwater; and 4. The per-unit amount to be deposited is based on the gap between the weighted average monthly lot rent and the weighted average monthly rent for similarly sized apartments in Clearwater; and 5. The per-unit amount defined in subsection 4 above, is multiplied by the number of owners in the subject property, who have not voluntarily signed a waiver of their Chapter 723.083 protections, and by the 24- month maximum assistance period; and 6. To determine the total deposit required, the amount calculated in subsection 5 above is multiplied by a factor of 1.15 to meet administrative fee requirements. B. Administrative Fee. Funds deposited with the City to provide rental assistance payments are subject to a fifteen percent (15%) non-refundable fee to cover the cost of program administration. C. Form of Payment. Deposits to the Supplemental Rental Assistance Payment Fund will be made payable to the City of Clearwater or its designee. The City or its designee will calculate the deposit amount required based on an economic profile derived from information provided by the Applicant as provided herein and other housing cost data. The full Supplemental Rental Assistance Payment amount must be deposited prior to issuance of any permits for the site. The deposit may be cash or an irrevocable letter of credit issued by a major financial institution in favor of the City of Clearwater, in a form approved by the City or its designee and from which solely the City is authorized to draw upon for rental assistance as provided herein as needed. Any cash shall be deposited in an interest-bearing account, with the interest accruing to the benefit of the 8 Ordinance No. 7616-06 Applicant. Any letters of credit shall be for a period of one year provided, however, that the City may draw on such letter of credit if it is not renewed for an additional year not later than thirty (30) days prior to its expiration. The Applicant may substitute cash, in whole or in part, for the letter of credit from time to time. The letter of credit shall be reduced in amount to the extent that the Applicant substitutes cash therefore. D. Advance of Rental Assistance Payment. If Applicant posts a letter of credit pursuant to Subsection C above, City shall provide Applicant with a good faith written estimate twenty (20) days prior to commencement of a calendar quarter of the total amount of rental assistance payments and administrative costs anticipated to be required for such quarter, less any funds remaining from prior payments by Applicant. The Applicant shall advance such estimate amount to the City within ten (10) days of receipt of such estimate, failing which the City may draw such amount under the letter of credit. If within the ten (10) day period, Applicant objects in writing to City's estimate, Applicant and City shall meet to try to resolve the matter within thirty (30) days after Applicant's objection, failing which the City may draw on the letter of credit. E. Payment prior to Notice of Eviction. No notice of eviction for change of use of property shall be given or effective unless the mobile home park owner shall have first paid to the City an amount equal to the City's actual out-of-pocket cost to qualify mobile home owners and provide initial counseling times the number of owner-occupied mobile homes located in the mobile home park. Such sum shall be used by the City or its designee in determining whether mobile home owners qualify for rental assistance payments hereunder and shall be fully creditable against any sums payable pursuant this section. F. Return of Excess Funds. Any Supplemental Rental Assistance Payment funds deposited by the Applicant and any interest earned thereon and not used as rental assistance payments will be returned to the Applicant within ninety (90) days following the end of the rental assistance period. The administrative fee is not refundable. Section 34.05 HousinQ CounselinQ. Mobile home owners requesting rental assistance must agree to receive housing counseling services as a prerequisite. City or its designee will provide individual housing counseling services to determine the housing needs and level of affordability of the mobile home owner. Rental assistance payments will be used as a resource only when affordable mobile home parks or other suitable facilities have not been identified by other means. Affordable replacement housing may be located for the mobile home owner without the need for rental assistance. Every attempt will be made to place mobile home owners onto suitable waiting lists and identify other strategies that will remove them from the rental assistance program as expeditiously as practicable. 9 Ordinance No. 7616-06 Section 34.06 Applicant Identification of Replacement Unit. For each mobile home owner within the subject property who requests rental assistance payments, Applicant will identify a replacement unit in a mobile home park or other suitable facility located within ten (10) miles of the subject property. Replacement units must be decent, safe, and sanitary, and meet Pinellas County's Housing Quality Standards and City of Clearwater Housing Code. Nothing herein shall prevent a mobile home owner from accepting a replacement unit outside the ten-mile radius if the mobile home owner so chooses. Section 34.07 Supplemental Rental Assistance Payments. Rental assistance payments are available for qualified mobile home owners for whom affordable replacement housing has not been identified. The amount of the rental assistance payment shall be sufficient to cover the gap between the rent of the identified eligible unit and the mobile home owner's affordability. Affordability will be based on gross household income, adjusted for household size as defined by the State Housing Initiatives Partnership Program (SHIP), Section 420.907 et. seq., Florida Statutes, using the rents published annually for the SHIP program, adjusted for utilities. Section 34.08 Eliqibility for Rental Assistance Payments. In order to be eligible for rental assistance payments, mobile home owners must meet the following criteria: (1) Be an eligible owner of a mobile home as defined in Chapter 723, who was renting a space in the subject property prior to initiation of the QOGA request, and continuing to rent such space from such date to the filing of a complete application for assistance. (2) Has not been offered an affordable replacement unit, as defined herein, in another mobile home park or other suitable facility. (3) Has an affordability gap, using the criteria defined herein, between the cost of the identified replacement unit and the affordable rent as published annually by the State of Florida's State Housing Initiative Partnership Program for the mobile home owner's household income category. (4) Is a full-time resident in good standing as evidenced by being current in rents and other fees due to the park owner, unless such rents and other fees are being withheld due to a bona fide Order by a Court of Law pending resolution of legal action. (5) Has provided complete and accurate information in the Application for Rental Assistance described herein. 10 Ordinance No. 7616-06 (6) Has completed the housing counseling prerequisite and complied with all recommendations provided by the housing counselors. Section 34.09 Applications for Supplemental Rental Assistance. Mobile home owners requesting rental assistance will be required to complete an Application for Rental Assistance in a form acceptable to the City or its designee within 90 days following receipt of notice to vacate the property or final approval of the zoning change, whichever is later. Information contained in the application will be used to determine household affordability and housing need, and should include, but is not limited to, the following: (1) Name, age, total gross household income, places of employment, sources of income, household assets, number of persons in the household, dates of birth, and social security numbers; and (2) Mailing address, residency status, number of bedrooms in the current mobile home; and (3) Documentation establishing the applicant as an owner of record for the mobile home per Chapter 723; and (4) Monthly or weekly costs of pad rental, park utility fees, and other charges collected by the park owner from the mobile home owner; and (5) Any special needs of the residents of the unit relating to handicapped accessibility; and (6) Signed forms authorizing verification of income/asset information provided. Section 34.10 Review of Application. Applications will be reviewed by City staff or its designee to determine the affordability and housing needs of the mobile home owners. Failure of mobile home owners to provide timely, accurate, and complete information will make it impossible to determine housing needs and affordability and may render them ineligible for rental assistance. All applications are subject to the Public Records Laws of the State of Florida. Section 34.11 Rental Assistance Payments Are Made to the Lessor. Rental assistance payments will be made to the Lessor on behalf of the mobile home owner. No payment will be made directly to any mobile home owner, guardian, or family member of a mobile home owner. Section 34.12 Term of Rental Assistance Payments. The rental assistance payment benefit period must be consecutive and cannot exceed 24 months. 11 Ordinance No. 7616-06 Section 5. If any section, subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 6. 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 City Attorney Cynthia E. Goudeau City Clerk 12 Ordinance No. 7616-06 - i ~ ~ ~ ~ 1lI 1lI let! 0. g 2; g 0. 8 \$ ~ ~ ~ ~ ~ ~ ! 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Q~tn(bm CD"< ~_'O ~(/) ::r Q., 5r ~ m.~m::SQ. p<DmSm a~g;'5' 33i6'~C. :Ef~(6~ S- <l>~o.q<l> ~(f)O ~ ffir6i ~ ~~ ~ 3 o tT 1fi' ::r o 3 <l> n o c a (') ::r III ::> :0 3l o ::> III 1iI -< 0' III '" ~. s: o 2: i" :::c o 3 C1> " l>> ""I ~ :;' " :;" !!. i>> rn o o c ::::s ~ cc fJ\-\:t 5- vi -ots 8.l Page 1 of 4 Pinellas County Community Development Housing .6yilqS:lL~J2evS:lIOpeLlnfo . Consumer Information . HOJTIS:l.QWI)S:l[SJlip . Homebuyer Education .t1o.YsingPJP9Iflm$ .MobileHoJTI~~ .R~ntgLJjoYSilJg Neighborhoods & Projects · CQl.lnJyCOllllS:lctloDCS:lntS:l[$ · Cooperating Cities · OS:lmOliJionPCOg[gJTI . t1istoricP[S:lSS:l[v.atiOIJ . Neighborhood Enhancement . El.lbJICEgGilttiS:l$ . Proiects Map · RS:lgS:lYS:lIOpmS:lnt . RS:lvltaH:?:atJQJ1AcS:lf!..$ · Services & Operations . $tLS:let$CgpS:l.ProjS:l.ct$ . Target Area Maps Planning & Resources . El.lJJqing_$OI.lICS:l$ . CP6G . HOME · SHIP Publications · 2QQJEaiLtlol,J_$.ilJ.QGyjqS:l . Affordable Housing QCqingnC~ · Don't Dream It - Do It! . t1o\Jsin.QRS:l$oJJ[cePiLeG!Ory - M~.WQrgV!lr$jQQ . In~igeCPN~W~I~t!S:lr 600 Cleveland Street, Suite 800, Clearwater, FL. Phone (727) 464-8210 FAX (727) 464-8215 Toll Free Phone: 1 (800) 806-5154 Mobile Home Transition Program Questions & Answers (Mobile Home Transition Ordinance) . What is the Mobile Home Transition Program? The Mobile Home Transition Program helps mobile home owners secure affordable hOI parks are rezoned for other use. . How will this program assist in finding alternative housing? The program offers one-on-one counseling to develop an individualized replacement h( based on the specific housing needs of the displaced mobile home owner. . What financial benefits are associated with the program? The program provides up to two years of rental assistance when affordable housing cal located. . How do applicants apply for the Mobile Home Transition Program? Pinellas County's Human Services Department will accept applications for the prograrr County approval of park owner participation. . Is there a time limit to apply for the program? Residents must complete an application within 90 days of receiving a notice to vacate t notification of a zoning change, whichever is later. . How will affordability be determined? The affordability of the mobile home owner is determined by their gross household inca maximum rents published annually by the State of Florida. . Will owners receive a financial benefit to cover the cost of relocating? No. The Mobile Home Transition Program does not provide a relocation benefit. . Will the rental assistance interfere with eligibility to receive a financial benefit u Statue 723? No. Funds provided as rental assistance are not considered a relocation or compensati should not impact eligibility for compensation provided under FS 723. . Who is responsible for identifying the replacement unit? http://www.pinellascounty.org/community/MobileHomeQ&A.htm 5/1/2006 Pinellas County Community Development Page 2 of 4 . Live Without Limits · H~nt~IJ?IQPJ~rjy_B~p~iI$ . In!;LRe~L_I;~taJE;:l_ Cont@ct The rezoning applicant will identify available units and provide that information to the he counselor. . What types of alternative housing units will be offered? Contact Our Staff CP&HfA..Staff Housing options offered through this program can include mobile homes, apartments, C triplexes, and single family homes. . Can owners refuse a unit? ,~,.~ Adobe The rezoning applicant's responsibility is to identify an appropriate unit. If an applicant r available unit that meets the program's criteria, rental assistance benefits will not be pre . How will the amount of rental assistance provided to the mobile home owner bl Rental assistance will be based on the difference between the monthly cost of the avail unit identified through the program and the rent amount affordable to the displaced owr Affordability Example below for additional explanation. ~~ OPPORTVIUTY . Will rental assistance be paid directly to an applicant? No. Rental assistance will be paid directly to the landlord. . Can applicants rent from a family member and receive rental assistance? No. Rental assistance can only be provided for arms-length rental agreements. . What will happen if rent goes up during the two-year period? Renters are responsible for covering the cost of any rent increases. . What happens after two years? Individualized housing plans prepared through the program will attempt to place applicc that does not require rental assistance. If assistance is required, two years will allow ap reach the top of waiting lists for affordably priced housing. . Do renters living in the park qualify for rental assistance? No. Renters are not eligible to participate in this program, but may take advantage of th services offered though Pinellas County's HomeFinder Program. . What other referral services are available? The program will provide information on other various services offered throughout Pinel These referral services include: transportation assistance, health care, food stamps, en training, self-sufficiency programs, assisted living facilities, affordable rentals, and more . Can the park owner continue charging rent, raise the rent, or evict a mobile he nonpayment of rent during this period? Yes, but only in accordance with the provisions of Florida Statue 723 and other applical Participation in this program does not relieve the rezoning applicant of those responsibi . When are Supplemental Rental Assistance Payment funds deposited by the rE applicant? http://www.pinellascounty.org/community/MobileHomeQ&A.htm 5/1/2006 Pi.o.ellas County Community Development Page 3 of 4 The full supplemental rental assistance payment amount must be deposited by the reze prior to any permits being issued for site redevelopment. . Can the rezoning applicant minimize the amount of rental assistance paid out c Yes. By working with the mobile home owners to identify affordable housing units that r specific needs, the rezoning applicant can help assure efficient use of rental assistance . Can the rezoning applicant offer a mobile home owner a cash payment in lieu 0 assistance? Yes. Mobile Home Owners may voluntarily negotiate other arrangements with rezoning waive their rights for assistance under this program. . Will the rezoning. applicant get back unused funds? Yes. Funds not used to provide rental assistance to displaced mobile home owners will the rezoning applicant within 90 days following the rental assistance period. Administra non-refundable. . What does the administrative fee charged to the rezoning applicant cover? These funds cover the cost incurred by the County for administering the program such providing counseling services, certifying applicant income, inspecting properties, makin rental payments, and the financial tracking of the fund. Affordability Example Mr. X is a single person with a gross household income of $20,000 per year. This incon at 60% of median income for Pinellas County. The current maximum rents published a State Housing Initiative Partnership (SHIP) states that a person at MrX's'income level e rent of $586 per month for a one bedroom unit. If a suitable replacement unit can be fOI or below this amount, he will not need rental assistance. If the only suitable housing unit identified for Mr. X rents for $650 per month, he will nee assistance to fund the difference. In this example, Mr. X will be eligible for a rental assi! of $64 per month for a period not to exceed two years. This payment represents the dif between Mr. X's affordability and the cost of the available unit. Since Mr. X requires ren the housing counselor will work with him to develop a housing replacement plan. Mr. X able to get on waiting lists or take other actions that will help him find housing that will s affordable to him after the two-year rental assistance period expires. Supplemental Rental Assistance Payment Fund Deposit Example The example below demonstrates the methodology for calculating the deposit amount I provision of temporary rental assistance to eligible mobile home owners as described ir ordinance. ABC Mobile Home Park Supplemental Rental Assistance Deposit Calculation Total number of owner-occupied mobile homes: 86 Number of http://www.pinellascounty.org/community/MobileHomeQ&A.htm 5/1/2006 -1 PilJellas County Community Development Page 4 of 4 Mobile Unit Size (by Weighted Homes bedroom) Lot rent Value 12 1 $360 $4,320 34 2 $360 $12,240 23 3 $385 $8,855 17 4 $400 $6,800 $375 Weighted Average Lot Re Number of Apartment Average Weighted Units Size Rent* Value 12 1 BR $652 $7,824 34 2 BR $724 $24,616 23 3 BR $1,000 $23,000 17 4 BR $1,227 $20,859 $887 Weighted Average Apa/'l Weighted Average Apartment Rent $887 Weighted Average Lot Rent $375 Rental Gap $513 Rental Gap ($513) * Number of MH Owners (86) * 24 months = Estimated Assistance J $513 * 86 * 24 = $1,058,016 Administrative Fee (15 percent) = Total Supplemental Rental Assistance Deposit = $158,702 $1,216,718 *Average apartment rents are based on the Bay Area Apartment Association Market Survey, First Quarter 2005. Note: Deposit may be in cash or an irrevocable line of credit in a form approved by the . http://www.pinellascounty.org/community/MobileHomeQ&A.htm 5/1/2006 P LD J. q.\ City Council Ag~~a C,~yer J~~!.!!!.~.~.!i!,.-:!.~.!:Im _"""'_...._.,=w" Tracking Number: 2,014 Actual Date: 05/04/2006 Subject / Recommendation: Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-2, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3076 Cherry Lane (consisting of a portion of metes and bounds 22/28 in Section 16, Township 29 south, Range 16 east) ; and PASS Ordinances 7607-06, 7608-06 & 7609-06 on first reading. Summary: This annexation involves a 0.189-acre property consisting of one parcel, located on the north side of Cherry Lane, approximately 135 feet west of McMullen-Booth Road. The property is contiguous with the existing City boundaries to the west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting this annexation in order to receive solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is located within anenclave and its annexation will reduce such enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2005-12039) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on March 21, 2006 and unanimously recommended approval. Oriqinating: Planning Section Quasi-judicial public hearings Cateqory: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 03/21/2006 04/20/2006 05/04/2006 City Council _*"*.."mA~-:!..~a C~yer M~!I1~.!:!..!!,~".~_I!I_"=_"".",,~ Financial Information: Review Approval Cvndie Goudeau 04-24-2006 08:31:32 Michael Delk 04-10-2006 11 :35:08 Garrv Brumback 04-13-2006 12:01:43 Leslie DouQall-Sides 04-10-2006 14:47:08 Bill Horne 04-21-2006 16:28:09 ORDINANCE NO. 7607-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 135 FEET WEST OF MCMULLEN-BOOTH ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 22/28 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3076 CHERRY LANE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: THE EAST 75.00 FT. OF THE WEST 386.05 FT. OF THE NORTH 110.00 FT. OF THE SOUTH 220.00 FT. OF THE SOUTH ~ OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST. (ANX2005-12039) 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: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7607-06 ORDINANCE NO. 7608-06 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 ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 135 FEET WEST OF MCMULLEN-BOOTH ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 22/28 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3076 CHERRY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property THE EAST 75.00 FT. OF THE WEST 386.05 FT. OF THE NORTH 110.00 FT. OF THE SOUTH 220.00 FT. OF THE SOUTH }'2 OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST. (ANX2005-12039 ) Land Use Cateqorv Residential Urban (RU) 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. 7607-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7608-06 ORDINANCE NO. 7609-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 135 FEET WEST OF MCMULLEN-BOOTH ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 22/28 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3076 CHERRY LANE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zonina District THE EAST 75.00 FT. OF THE WEST 386.05 FT. OF THE NORTH 110.00 FT. OF THE SOUTH 220.00 FT. OF THE SOUTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST. (ANX2005-12039) Low Medium Density Residential (LMDR) 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. 7607-06. 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 Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7609-06 CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: March 21. 2006 ANX2005-12039 Vickie Collins 3076 Cherry Lane F-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.189-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-2, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 8,250 square feet or 0.189 acres (75 feet wide by 110 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Single-family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) (County) Residential Urban (RU) (City) ZONING DISTRICT: Current District: Proposed District: R-2, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12039 Page 1 SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential ANALYSIS This annexation involves a 0.189-acre property consisting of one parcel containing a 20- foot easement for street purposes. It is located on the north side of Cherry Lane, approximately 135 feet west of McMullen-Booth Road. The property is located within an enclave and is contiguous to existing City boundaries to the west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in an easement along the north side of the parcel. The applicant has not paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. The applicant has not paid the required impact fees to tie into the City of Clearwater sanitary sewer system. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergencv Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12039 Page 2 Recommended Conclusions Of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Urban (RU). It is the purpose of the RU category to depict those areas of the County that are now developed, or appropriate to be developed, in an urban low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of seven and one half (7.5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application ofthe Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area and will be located in the RU category. The proposed annexation is consistent the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-2, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12039 Page 3 and a minimum lot area of 5,000 square feet are required. The subject site is 75 feet wide and 8,250 square feet in lot area Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINEL LAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined that it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1 )(b) provides for the voluntary annexation of property that is located within and reduces an enclave on the effective date of the ordinance. The subject site is located within an enclave and is contiguous to city boundaries and reduces the enclave. Recommended Conclusions of Law The property proposed for annexation is located within an enclave and its annexation will reduce such enclave; therefore, the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12039 Page 4 SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL ofthe annexation of 0.189-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Urban (RU) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S: \Planning Department\C D BlAnnexationslANX - 20051ANX2005-12039 3076 Cherry Lane1ANX2005-12039 StalL Report. doc Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12039 Page 5 l- ll) ). Qlj ~ ~ :I 2X2 Map Owner William & Vickie Collins Case: ANX2005-12039 Site: 3076 Cherry Lane Property 0.189 Size (Acres): Land Use Zoning PIN: 16-29-16-00000-220-2800 From: RU (County) R-2 (County) To: RU (City) LMDR (City) Atlas Page: 292A .-11 I ~.J~_ ~, 1 !iLl L_IJ LJ 1 ~ 1 j---' ~ I--~ -l_J L_ I LI ,J L._J L_ c.] - r'_ J I 110 1-....-1 I L_., ~ ,'" --~' ~,--' ,~fr ~ ~ ....I~LI '-.... /OS I l....-l.J r-------, , f I 1 , ' , L, I , 1 ,_J I ' I: ~o L______J ,-~ r--:q L_~ U3 ~ ~ ,--, 'I 1 ["'".....J LJ- KENTUCKY A VE --~ r"' _I -, .J 1---' , , , , , , , , '-__I r-" __ ( 'l.:-L_, \ 200 , " -, " , , I-J '''''-...._:- 300 Q It ~ o o OJ :2: LIJ ..,J :5 ~ :e ...._::5'...., I \ I 12~,!"v' 1 ~(......\, ...\....... (,_.....) ,\ .....'\ .......\ ........." .......... "^" .......... ~ \< \( '\. '"l \:( \\ .. ,...... ~'\...., \. \, (' '.."....( \.............) '"' \ \"'\ ....\..... -<"\,\, <,....\ .........., ......-\\_~......... ) ,> " , ,( 'I , ',..........~ \_....> ',)v\J>',_...>\...../ (....'\....,.....\ /....,,/....\ ,./""'\/......-,<'-, ..........'"........) (' \..."'V',....,,),'''' ~\ ""....). ), ~,.... ('" )"\ ,Jj , , Lr--J r--' c!2051 , -' , ~ "207" , " '___I (---, , 213,' , r , , , 211? L , " , l_~5 1--1 \ 2191 , , ~217: [ 2151 1__J r'--1 ~ 225( I , : 223~ , I I 221\ ,___I Proposed Annexation Map Owner William & Vickie Collins Site: 3076 Cherry Lane Land Use Zoning From: RU (County) R-2 (County) To: RU (City) LMDR (City) Case: Property Size (Acres ANX2005-12039 0.189 PIN: 16-29-16-00000-220-2800 Atlas Page: 292A .... CI) >- c:c 1XI 1---' ~ I--~ 1 1 1 , -L_J -LT1 I r-Jl I ~J~_ 1il1 l~j I__IJ I_J Ii...i "'-1 f'-L_, I I~ I L I .{;i! l!;l -~ ~'-- I~ tf- ~ ~ tKlDR ~r-~ -~U3 r-------I 1 1 1 I 1 1 1 L, 1 1 1 ,J 1 1 1 I 1 1 1 1 L______..J o 150 ,..._:5"...., 1 \ 1 12~)"'v> ~ ~(..\, L..,\...:'<,_/> ,\', (/\ (........."t"......~.\ <........)" .............(~<..-........ \/>)fffs" ~'~\\o ;~\'\ (, '\.... ~ \ ...._,.... /-\\.-.~....~ ,( ,( " , , ~~, ~', \, " >'l, , \...."'.> --/ \........ ~_.......... ,-.... '\."..... 1--' 'I 1 1 -I _1 r-, ,...._ ( 'L_J t ~200-1 ~ -, " 1 , I-.J '....-I.._I- LMDR VE 300 ,--I 1--' 1 2131' ~2051 1 r I ~ I 211~ IE~l!R ....--, ,12191 \ 1 S2171 r 1 i 2151 l__~ ("--1 1 2251 , 1 , 1 : 223~ I l r 2211 '___I Zoning Map Owner William & Vickie Collins Site: 3076 Cherry Lane Case: Property Size (Acres): ANX2005-12039 0.189 Land Use Zoning PIN: 16-29-16-00000-220-2800 From: RU (County) R-2 (County) To: RU (City) LMDR (City) Atlas Page: 292A 1 DREW ST ~'" ~ ....... " ~ ~ ~ Location Map Owner William & Vickie Collins Case: ANX2005-12039 Site: 3076 Cherry Lane 0.189 Land Use Zoning PIN: 16-29-16-00000-220-2800 From: RU (County) R-2 (County) To: RU (City) LMDR (City) Atlas Page: 292A I I R~ , I l_~-", ,. oj I It)~ '" r~1 ~, : "'-J ,-_,J I_J I Ii ~ '1il [-------, , I I I I I I L, I , I J I RIaL I I I I L______..J 150 I I '''' '" ~ --, ,--, " I I.J _I KENTUCKY A VE I l0- ti) ). oq: IX3 r-, __ ( '\.-L_, \ 200 I ~ - , , , r '....-L._.......- ,---, I I I I I I 1 I L__' I VE RU 300 Future Land Use Map Owner William & Vickie Collins Site: 3076 Cherry Lane Land Use Zoning From: RU (County) R-2 (County) To: RU (City) LMDR (City) I Q a::: i!: o o IX3 c!: III -J 5 ~ ::! ...._::5'...., I " I 12p'!'~~> ~ ~ ("", L..\..:' <,_/) \', (/\ (........"t'/"', //....>" .............<,<..--."" </)> \, \', )\ '\\ \' , ~'R1\ ~t v\.-.\ '-...v... - .'\ ' ''''\ ,"'" ~...~, </-, (/ \ ...~........ < ...m~, '~, 'J ~ '........> ..../ \....'" 'c_..../ '......... \.".... (...."" ........., "^', /'--, /""\,"-'~""-' ....."",\,,-, <' .... \(' \ ~ \.... v.... \ "v"\ ....>\ s) \ \. ' .........~ t ) " ,RU L---J ~ '" ,--, C::2051 I " I ' 11207~ 1 " L__I ...r--I ....--1 I 213,' I' 219' I r I I I 'RMl I , 211,:! L 217' ... I I I r L r I I 20~ ~ 2151 ,--~ I__J (--, I 225/ , I / I : 223~ I L [ 221l 1___' Case: ANX2005-12039 Property Size (Acres): 0.189 PIN: 16-29-16-00000-220-2800 A tlos Page: 292A Fj I ~ ~ r-------, I I , ' I I I L, , I I rJ I I J , I I ffiO L______J '"' '" ~ Offices L....' 1--' 'I I L,- KENTUCKY A VE --~ r" -, -, .J ,---, , I I 1 1 I I I L__I r-, __ r '\..-L_, \ 200 I t' -, " I , I-J ''''-..._:- 300 Q It ~ o o co :c!: LIJ ...J :5 ~ ::5 ...._:5\...., \', ('......\ ..........\,1'''',.\ ('/"'> .............~ ('r........ I ',(.) ~ ') \ \' \ \. \. \ }\ \ ~ 12~tibii~~~hj~tiiji~~~~~~~\ '~,_/ '"",> ~~'" ,)v"J'" ,_.J\J /V\......-\ /,,',/-', ..../'\//-\,,'-, ........'x..........) (" ',...."""'\......./\\'-' ?', '\ 'v). ), .:<,... \" ) <. r-II 1 I Lr--J r--' ~2051 I " I - ll207~ I I, L__I 1'---1 I 2131' I r I 1 I 211.:' L I " , l_~1 ---, 112191 I 1 , I t,217 : , I 12151 I__J (--1 ~ 225( I , I 223~ I I I 221\ 1___1 Existing Land Use Map Owner William & Vickie Collins Site: 3076 Cherry Lane Land Use Zoning From: RU (County) R-2 (County) To: RU (City) LMDR (City) Case: Property Size (Acres): ANX2005-12039 0.189 PIN: 16-29-16-00000-220-2800 Atlas Page: 292A Aerial Photograph Owner William & Vickie Collins Case: ANX200S-12039 Site: 3076 Cherry Lane 0.189 Land Use Zoning PIN: 16-29-16-00000-220-2800 From: RU (County) R-2 (County) To: RU (City) LMDR (City) Atlas Page: 292A 1. 3076 Cherry Lane 3. Facing west from 3076 Cherry Lane 5. Facing east from 3076 Cherry Lane 2. 3076 Cherry Lane 4. Facing south from 3076 Cherry Lane 6. Facing north from 3076 Cherry Lane ANX2005-12039 Vickie Collins 3076 Cherry Lane City Council 'MM-="MAa~,ndC!m.,!=oV~"~'M.,,~,.~~nmdu m",,, Tracking Number: 2,053 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7610-06 on second reading, annexing certain real property whose post office address is 1737 Lucas Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:43:56 Cvndie Goudeau 04-19-2006 14:55:38 CAl- 10 ., ORDINANCE NO. 7610-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LUCAS DRIVE, APPROXIMATELY 650 FEET FROM THE INTERSECTION OF LUCAS DRIVE AND SR 590, CONSISTING OF LOT 21, BLOCK 5, ACCORDING TO THE PLAT OF VIRGINIA GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1737 LUCAS DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2005-12040) 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 Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7610-06 CJr3 lo"L City Council "",_",~g!!nd!L~overm"~~'!!!~,,~,!!,,!'!~,!=!*~~* Tracking Number: 2,054 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7611-06 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1737 Lucas Drive, upon annexation into the City of Clearwater, as Residential Low. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:44:35 Cvndie Goudeau 04-19-2006 14:56:37 ORDINANCE NO. 7611-06 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 ON THE EAST SIDE OF LUCAS DRIVE, APPROXIMATELY 650 FEET FROM THE INTERSECTION OF LUCAS DRIVE AND SR 590, CONSISTING OF LOT 21, BLOCK 5, ACCORDING TO THE PLAT OF VIRGINIA GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1737 LUCAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; 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 Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2005-12040) Land Use Cateaorv Residential Low 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. 7610-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7611-06 c.,~ ~ lv'b City Council _,..,~=~~~~g.~n d.~t,..f:ov,~.!:"~t~!!to-:an..~:t~Jn,~,.,=-="",_"@~".",~.@_._.._'''=~,~~.~".._" Tracking Number: 2,055 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7612-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1737 Lucas Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:45:31 Cvndie Goudeau 04-19-2006 14:57:27 ORDINANCE NO. 7612-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LUCAS DRIVE, APPROXIMATELY 650 FEET FROM THE INTERSECTION OF LUCAS DRIVE AND SR 590, CONSISTING OF LOT 21, BLOCK 5, ACCORDING TO THE PLAT OF VIRGINIA GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1737 LUCAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2005-12040) Zoninq District Low Medium Density Residential (LMDR) 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. 7610-06. 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 Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7612-06 City Council ,_._~g,!!n~,!,". CO,~~r M~m~,.~..!.!:!,~"!:!.'~"m."""_ffi""'_'_"""~ffi'_ .. Tracking Number: 2,056 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7613-06 on second reading, vacating a portion of Section 9, Township 29 South, Range 15 East, being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor; three drainage and utility easements and one ingress/egress easement; subject to applicant fulfilling all obligations and requirements described herein. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:46:42 Cvndie Goudeau 04-19-2006 14:58:34 CfT 5 \0'+ ~._-- ORDINANCE NO. 7613-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY EASEMENTS AND ONE INGRESS/EGRESS EASEMENT; SUBJECT TO APPLICANT FULFILLING ALL OBLIGATIONS AND REQUIREMENTS DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE AND CONDITIONAL RECISION. WHEREAS, Triangle S.A. Land, LLC, Georgia Street Properties, LLC, Harrison Village Properties, LLC, and Island View Properties, LLC, (collectively "Applicant") owners of real property located in the City of Clearwater, have requested that the City vacate a portion of Osceola Avenue the right-of-way as legally described and depicted in Exhibit A ("Parcel Three") attached hereto; and WHEREAS. in consideration of the City vacating Parcel Three, Applicant agrees to simultaneously convey to the City of Clearwater unencumbered insured title in and to Parcel Two as legally described and depicted in Exhibit B attached hereto; and WHEREAS, the Clearwater City Council finds that said right-of-way as described in Exhibit A is not necessary for municipal use as same shall be replaced by lands described in Exhibit B, Council shall dedicate as replacement Osceola Avenue right-of- way upon conveyance by Applicant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of Section 9, Township 29 South, Range 15 East, Pinellas County, Florida being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3, Block 2, of Jones Subdivision of Nicholson's Addition to Clearwater harbor as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows: Commence at the northeast corner of Lot 1 of A. B. Jennie Cates Subdivision, also being the intersection of the southerly right-of-way line of Georgia Street and the Westerly right-of-way line of North Fort Harrison Avenue, thence along the southerly right-of-way line of Georgia Street S 88049' 45" W, 212.46 feet to the POINT OF BEGINNING; thence along the easterly right-of-way line of Osceola Avenue, (formerly known as Virginia Place), S 00019' 25" E, Ordinance No. 7613-06 333.32 feet; thence N 890 49' 02" E, 49.23 feet; thence along the westerly boundary of a vacated alley per O. R. Book 7546, Page 607, S 010 01' 42" E, 12.50 feet; thence S 890 53' 10" W, 66.67 feet to a non-tangent curve concave northwesterly, having a radius of 45.00 feet; thence southwesterly along said curve and said easterly right-of-way line of Osceola Avenue, 15.74 feet through a central angle of 200 02' 38" (chord bearing S 490 19' 36" W, 15.66 feet); thence S 00004' 22" E, 12.90 feet; thence S 790 39' 30" W, 80.02 feet; thence S 000 47' 26" E, 12.31 feet; thence N 89044' 18" W, 55.03 feet to a point lying on the westerly right-of-way line of Osceola Avenue; thence along said westerly right-of-way line of said Osceola Avenue by the following three courses: 1 - N 000 50' 40" E, 59.79 feet; 2 - thence N 890 58' 45" E, 121.94 feet; 3 - thence N 000 21' 07" W, 334.58 feet to a point on the southerly right-of-way line of Georgia Street; thence along the southerly right-of-way line of said Georgia Street N 880 40' 45" E, 40.02 feet to the point of beginning; and Vacate the drainage and utility easement retained over the full width of a vacated alley (said vacation recorded in O. R. Book 7270, Pages 1731 and 1732 of the Official Records of Pinellas County, Florida) described as the 10-foot north-south alley lying West of Lots 1-3, inclusive, and East of Lots 4-7, inclusive, A. B. and Jennie Cates Subdivision, according to the map or plat thereof, as recorded in Plat Book 1, Page 64 of the Public Records of Pinellas County, Florida; and Vacate the drainage and utility easement retained over the full width of a vacated alley portion (said vacation recorded in O. R. Book 7546, Pages 607 and 608 of the Official Records of Pinellas County, Florida) described as that portion of the East-West alley lying north of and adjacent to the original boundary of Lot B, Bergens Replat, according to the plat or map thereof as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, together with that portion of the East-West alley lying North of and adjacent to the easterly 1/3 of Lot 3, Block 2, Jones Subdivision of Nicholson's Addition to Clearwater Harbor, as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, less and except the West 25 feet thereof; and Vacate the drainage and utility easement retained over the full width of a vacated alley (said vacation recorded in O. R. Book 7519, Page 329 and 330 of the Official Records of Pinellas County, Florida) described as the 15-foot North/South alley lying along the West 15 feet of Lots A & B, Bergens Replat as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, Florida; and Vacate the Ingress/Egress easement (recorded in O. R. Book 7540, Pages 275 - 278), described as a parcel of land located in Section 9, Township 29 South, Range 15 East, being more particularly described as: Commence at the northeast corner of Lot B of Bergens Replat, as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, Florida; thence South (S 000 22' 10" E Platted Bearing), along the westerly right-of-way line of North Fort Harrison Avenue (a 55 foot right-of-way), a distance of 7.10 feet to the POINT OF BEGINNING; thence continue South 24.00 feet; thence leaving said right-of-way N 89049' 47" W, a distance of 134.65 feet; thence N 400 53' 26" W, a distance of 41.25 feet to the Southerly line of an alley; thence north, a distance of 12.47 feet to the northerly line of said alley; thence S 890 58' 02" E along said northerly line a distance of 6.00 feet; thence leaving said line S 530 2 Ordinance No. 7613-06 55' 58" E, a distance of 33.40 feet; thence S 890 49' 47" E. a distance of 128.65 feet, to the POINT OF BEGINNING, subject to the following conditions: The vacation of the above-described portion of Osceola Avenue shall not become effective unless and until: 1) Unencumbered title in and to the new 50-foot right-of-way of Osceola Avenue described as "Parcel Two", attached, is conveyed to the City of Clearwater by General Warranty Deed, with title therein insured for not less than $400,000 by a nationally recognized underwriter of Title Insurance authorized to conduct business in the State of Florida. 2) Prior to conveyance, and subject to City of Clearwater inspection and approval, said Applicant shall adequately improve Parcel Two at Applicant's expense, to a level that will permit access over the full length of said Parcel Two by emergency vehicles. 3) Prior to conveyance, Applicant shall also relocate all existing utilities lying with the portion of Osceola Avenue herein vacated (Parcel Three) to Parcel Two to the satisfaction of the owners of said utilities and at the sole expense of said Applicant. 4) Within two (2) years of the date of adoption of this ordinance, the said Applicant shall have improved Parcel Two in accordance with all City of Clearwater construction standards and shall within thirty (30) days of the date of adoption of this ordinance provide to the City of Clearwater a performance bond in an amount of not less than one million dollars ($1,000,000.00), said bond to be used for payment of construction costs related to the City of Clearwater making the final improvements to Parcel Two should said Applicant not have Parcel Two improvements completed within the two-year period specified herein. Section 2. Within two (2) years of the date of adoption of this ordinance and prior to issuance of the certificate of occupancy said Applicant shall have completed all improvements to Parcel Two in accordance with all City of Clearwater construction standards or the City of Clearwater at its sole option may then utilize the performance bond to fund final right-of-way improvements to Parcel Two. Section 3. This ordinance shall take effect upon conveyance of Parcel Two to the City of Clearwater as described in Section 1 hereof. Section 4. If all conditions precedent to this Ordinance becoming effective are not met within one hundred and eighty (180) days following adoption, this Ordinance shall thereafter be null and void in all respects as though never adopted, and the City Clerk shall thereafter record a Notice of Rescission to that effect in the public records of Pinellas County, Florida. Section 5. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. PASSED ON FIRST READING 3 Ordinance No. 7613-06 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance No. 7613-06 City Council _,,,,,~_Aa~!ld~J':ov,,~,!:J~temorand um."""_,,~,,~_,,~,,,,* Tracking Number: 2,057 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7628-06 on second reading, vacating the two five-foot drainage and utility easements, one lying along the north property Ine of Lot Four of Unit Two, Island Estates of Clearwater, and the other five-foot drainage and utility easement lying along the south property Ine of Lot Five of Unit Two, Island Estates of Clearwater. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:47: 17 Cvndie Goudeau 04-19-2006 14:59:50 CAth \0-5 ORDINANCE NO. 7628-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE TWO FIVE-FOOT DRAINAGE AND UTILITY EASEMENTS, ONE LYING ALONG THE NORTH PROPERTY LINE OF LOT FOUR OF UNIT TWO ISLAND ESTATES OF CLEARWATER, AND THE OTHER FIVE-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT FIVE OF UNIT TWO ISLAND ESTATES OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, GFB Development LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easements are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate two 5-foot drainage and utility easements, one lying along the north property line of Lot 4, Unit Two Island Estates of Clearwater, as recorded in Plat Book 47, Page 19A of the Public Records of Pinellas County, Florida and the other 5-foot drainage and utility. easement lying along the south property line of Lot 5, of said Unit Two Island Estates of Clearwater, as recorded in Plat Book 47, Page 19A and 20, Public Records of Pinellas County, Florida, subject to the following condition: This vacation shall not become effective until the applicant deeds to the City of Clearwater a replacement easement satisfactory to the City Engineer. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7628-06 CA1 10' h .. o ,.. City Council .'m_."~~I:!,~,!Lf~m~~r Me"!f!..~,~~tl:!~u !,!!,.. Tracking Number: 2,058 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7630-06 on second reading, making amendments to the Community Development Code by amending Zoning District Table 2-504 High Density Residential district to increase the minimum off-street parking requirement for residential infill projects from 1 space to 2 spaces per unit; amending Article 3, Development Standards, Section 3-1803.1, Signs, to amend the exception for the prohibition of sandwich board signs; and amending Section 3-1805, to permit sandwich board signs during public construction projects, and size and material standards for such signs. Originatinq: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:47:53 Cvndie Goudeau 04-19-2006 15:00:49 ORDINANCE NO. 7630-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ZONING DISTRICT TABLE 2-504, HIGH DENSITY RESIDENTIAL (HDR) DISTRICT, TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803.1, SIGNS, TO AMEND THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805, TO PERMIT SANDWICH BOARD SIGNS DURING PUBLIC CONSTRUCTION PROJECTS, AND SIZE AND MATERIAL STANDARDS FOR SUCH SIGNS; 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 has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater supports providing means of business identification during lengthy public construction projects, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-504, Table 2-504 HDR District Flexible Development, is amended as follows: Ordinance No. 7630-06 l________________ _______ _ _ _ Section 2-504. Flexible development. The following Level Two uses are permitted in the HDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-504. "HDR" Flexible Development Standards Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sa. ft.) (ft.) (ft.) ParkinlZ Front Side Rear( I ) Attached 15,000 150 15--25 0--10 10--15 30--130 1.5/unit DwellinlZs Congregate Care 15,000 150 25 10 15 30 1 oer 2 residents Overnight 15,000 150 15--25 0--10 10--15 30 1/unit Accommodations Parking Garage 20,000 100 50 15--25 10 10--20 n/a and Lots(2) Parks and n/a n/a 35 20 25 30 I per 20,000 SF recreational land area or as facilities determined by the Community Development Coordinator based on ITE Manual standards Residential Infill n/a n/a 10--25 0--10 0--15 30--130 + -1/unit Proiects(3) Section 2. Article 3, Development Standards, Section 3-1803.1, Signs, is amended as follows: I. Sandwich board signs, except in the DO'.\'nto'lln District as provided in Section 3 1805(U) except as provided in Section 3-1805.Y. Section 3. Article 3, Development Standards, Section 3-1805, Signs, is amended as follows: Y. Sians durina public construction proiects. Temporary sandwich board siems are permitted for properties abuttinq public construction proiects that are scheduled to last 180 days or lonqer. in accordance with the followinq criteria. (1) There shall be a maximum of two (2) sandwich board siqns permitted per parcel adiacent to the public construction proiect. and parcels with multiple businesses shall coordinate copy on the siqns permitted. (2) Sandwich board sians permitted under this section shall be allowed to be displayed for the duration of the public construction project startinq with proiect commencement and shall be removed within seven (7) days after the final acceptance. by the City. of improvements. (3) The size of any sandwich board siqn shall not exceed eiqht (8) sauare feet in area, and shall not exceed four (4) feet in heiqht. 2 Ordinance No. 7630-06 (4) Sandwich board siqns permitted under this section shall be constructed in a professional and workmanlike manner from treated wood or other durable material. and COpy displayed shall not be spray painted onto the siqns. (5) No sandwich board siqn, permitted as part of this section shall be permanently erected. and shall only be displayed durina hours of operation for the business beinq advertised. (6) No sandwich board siqn shall be placed so as to block any public way. or within the visibility trianqle of intersections or driveways. Section 4. Amendments to the Land 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. Section 5. 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 6. 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 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. 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 Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. 7630-06 ........ CPr. 0 I lo~l City Council ,.." AB,~n~.~LC~~.~r Memorandum",,,,,_,,_,,, Tracking Number: 2,059 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Ordinance 7632-06 on second reading, amending Chapter 33, Section 33.114, Code of Ordinances, relating to vessels and aircraft prohibited in certain areas, to add a defined area for no vessels around Pier 60. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/22/2006 Financial Information: Review Approval Pam Akin 04-10-2006 16:48:24 Cvndie Goudeau 04-19-2006 15:01 :49 ORDINANCE NO. 7632-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.114, CODE OF ORDINANCES, RELATING TO VESSELS AND AIRCRAFT PROHIBITED IN CERTAIN AREAS, TO ADD A DEFINED AREA FOR NO VESSELS AROUND PIER 60; PROVIDING AN EFFECTIVE DATE. WHEREAS, the buoys originally placed around the pier marking the artificial fishing reefs have not been approved by the State, and WHEREAS, subsequent placing of additional buoys to protect boaters from fishing lines and hooks were also placed without documented approval; and WHEREAS, the buoys placed for the safety of boater from the fishermen get tangled in the support structure of the pier and drift from their set locations with the tides; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.114, Code of Ordinances is amended by creating a new subsection 33.114(A) to read as follows: Sec. 33.114. Vessels and aircraft prohibited in certain areas. Except as provided in this article, it shall be unlawful for any person to steer, propel, operate or cause to be operated any vessel or aircraft within the waters of the following described area located on Clearwater Beach: * * * * * 33.114A. All waters in the followino described area are desionated as no vessels: Beain at the dock behind the Bait House on Pier 60. then out approximatelv 50 feet, located by a pilino at 27 dearees 58 minutes 39 seconds north. 82 deorees 49 minutes 49 seconds west, and continue in a westerlv direction approximately 300 feet to a point on the T-dock of the Pier. then in a northerly direction to a point marked by a buoy at 27 deorees 58 minutes 41 seconds north. 82 deorees 49 minutes 53 seconds west, then in a westerly direction approximately 90 feet, more or less. to a point located by a buoy at 27 deorees 58 minutes 41 seconds north. 82 deorees 49 minutes 58 seconds west, then in a southerly direction approximately 100 yards to a point located by a buoy at 27 deorees 58 minutes 39 seconds north. 82 dearees 49 minutes 54 seconds west, then in an easterly direction to a point located by a buoy at 27 dearees 58 minutes 39 seconds north. 82 deorees 49 minutes 52 seconds west, then north to a point on the T-dock of the Pier, then east approximately 300 feet to a point located by a Ordinance No. 7632-06 l , pilinq located at 27 deqrees 58 minutes 37 seconds north. 82 dearees 49 minutes 52 seconds west, the north to the dock of the Pier across from the Bait House on the Pier. Section 2. 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: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7632-06 FD.L , I ' I .. o .. u City Council _@m_""",,,,~,!da c;,~ver ,~,,~m~r*~.!!~U I~L._,_,_,_,,,_,,~.* Tracking Number: 2,033 Actual Date: 05/04/2006 Subject / Recommendation: Reappoint Mr. Frederick I. Ziegler to a two-year term as a Trustee of the Clearwater Firefighters'Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) Summary: - The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. - State law allows trustees to succeed themselves as board members. This legal resident, City Council appointed seat will become open June 1, 2006. Mr. Ziegler has indicated his willingness to serve another term. Mr. Ziegler is a Certified Public Accountant and member of both the American and Florida Institutes of Certified Public Accountants. - Once approved, Mr. Frederick I. Ziegler is to serve a new, two-year term which will run from June 1, 2006 through May 31, 2008. Originating: Fire and Rescue Department Section Consent Agenda Category: Other Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? NA In Current Year Budget? No Budget Adjustment: No Current Year Cost: $0.00 Annual Operating Cost: $0.00 Review Approval Jamie Geer Bill Horne Cvndie Goudeau Garry Brumback City Council 'ffiffi"",,_~~gen~,a C.~yer M!I1!~,!,!!!'!...~,!::!!!I__..,..~__~_,.,..".~ 04-13-2006 16:41:04 04-21-2006 16:25:50 04-24-2006 08:33:35 04-20-2006 07:51:03 iU- ~lN I i I z.. 'ater City Council "",~~gt?n,,~,,!. Cc>,,~~"~"m~emorandum Tracking Number: 2,037 Actual Date: 05/04/2006 Subject / Recommendation: Approve settlement of the liability claim of Mathew Owen for payment of $35,000 and authorize the appropriate officials to execute same. (consent) Summary: On April 29, 2004, a city fire inspection vehicle turnedinto the path of Mr Owens' vehicle. Our driver advised that he pulled into the path of Mr. Owens to avoid a collision with another vehicle that was turning in front of him. The vehicle that the city driver was attempting to avoid was never located. Mr. Owens sustained a whiplash type neck injury anda herniated lumbar disc at L5-S1. He treated conservatively for his injuries. Mr. Owens was self-employed as a traveling real estate evaluator at the time of the accident and has alleged a substantial loss of earnings from his accident related inability to drive long distances. The City's limit of liability as providedby Section 768.28, Florida Statutes is $100,000. The city attended pre-suit mediation on 3/28/06 and agreed to settle Mr. Owens' claim, subject to Council approval, for $35,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement isavailable in the budget for claims expense in the Central Insurance Fund. Oriq i nati ng: Fi nance Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No BLd_ExC;::~Rtions : Sole Source In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $35,000.00 City Council Agenda"~ove!:,,,,~,~,!!!,~,~,~,!!,~,,~,!!!,,,_,,,_.,'''m Annual Operating Cost: $35,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $35,000.00 Not to Exceed: $35,000.00 Appropriation Code(s) 0590-07000-545900-519-000 Amount $35,000.00 Comments Settlement of the liability claim Review Approval Marcie Simmons Dick Hull 04-04-2006 14: 12:07 04-19-2006 14:54:20 04-04-2006 14:25:54 04-19-2006 09:49:29 04-04-2006 14:37:49 04-19- 2006 13:24:51 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne +1-4< - I 11-3 l City Council ,,,,_ ~g"end~"",,~,,9ve-:. Memora nd u_I,!I_"""""_..""""",,,= Tracking Number: 2,046 Actual Date: 05/04/2006 Subject / Recommendation: Approve the collective bargaining agreements as negotiated between the City of Clearwater and IAFF Local 1158, Fire District Chiefs, for Fiscal Years 2002/2003, 2003/2004, 2004/2005, and 2005/06 and authorize the appropriate officials to execute same. (consent) Summary: The most recent collective bargaining agreement between the City of Clearwater and IAFF Local 1158 Fire District Chiefs expired on September 30, 2002. On March 15, 2006, the parties reached a tentative agreement for a new three-year agreement for the period from October 1, 2002, through September 30, 2005, and also reached a second tentative agreement for an agreement for the period from October 1, 2005, through March 3, 2006. The Union submitted the proposed agreements to its membership who ratified both agreements by a vote of 3 to 1. The total cost associated with the implementation of these agreements will be approximately $9,597. The first agreement is a three-year agreement with no changes to the contract except for the following provisions: All Articles and Sections of the collective bargaining agreement between the City and IAFF Local 1158 Fire District Chiefs for the years 1999-2002 are to be continued and maintained as the status quo for the time period beginning October 1, 2002, and ending September 30, 2005, except that any applicable date references have been adjusted accordingly. The second agreement is for the period from October 1, 2005, to March 3, 2006, at which time the Fire District Chief job classification was abolished and contains no changes to the contract except for the following provisions: Article 15, Wages and Compensation: Upon approval of the Agreement bythe City Council, designated bargaining unit members shall receive the respective indicated dollar amounts, totaling $9,596.88, as one-time, lump sum bonus payments, minus applicable withholding, to finally resolve wages for all members of the bargaining unit. All other Articles and Sections of the collective bargaining agreement between the City and IAFF Local 1158 for the years 2002-2005 are to be continued and maintained as the status quo for the time period beginning October 1, 2005, and ending September 30, 2006, except that any applicable date references have been adjusted accordingly. Originating: Human Resources Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: l City Council _~."=".",,,.,~~,,-:!!!a C~~,~r~~",e.!!!~,~!,.!,!~ u m".."",,,_,,,,.,~~~ Type: Operating Expenditure Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $9,597.00 Total Cost: $9,597.00 Review Approval Joseoh Roseto 04-26-2006 15: 17:58 Garrv Brumback 04-27-2006 07:30:45 Tina Wilson 04-11-2006 07:52:32 Bill Horne 04-27-2006 11:23:07 Cyndie Goudeau 04-27-2006 14:28: 12 RE.',ttR -l ~: 11'.3 AGREEMENT between CITY OF CLEARWATER and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO Local 1158 FIRE DISTRICT CHIEFS FISCAL YEARS 2002-2003 2003-2004 2004-2005 Preamble ARTICLE 1 ARTICLE 2 ARTICLE 3 Section 1 Section 2 ARTICLE 4 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 Section 1 Section 2 Section 3 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 Section 1 Section 2 Section 3 Section 4 Section 5 TABLE OF CONTENTS Page No. .................................................................................................................. 1 Recognition. .. I... " " " " " " " " " " '" " " " " ........ " " ............... I........... .... ..... " I. I... 1 Representatives of Parties. ......... ........................... ......... .... .............. ........1 City's Management Rights.................. ................... ............... ................ ...2 Management Rights................................................................................................... 2 Emergency Conditions.............................................................................................. 2 Grievance Procedure .... " " I... " I... ...... ... ..... I.... " " ... I. ... " " ..... " " I..... " " " " ,...2 Definition....... ............................................................................................................ 2 Filing............... ............................................................................................................ 2 Arbitration...... ............................................................................................................ 4 Grievance by the City................................................................................................ 4 Time Limit Exceptions ............................................................................................. 4 Employee Filed Grievances...................................................................................... 4 Labor-Management Committee .............. ..................... ......... ... ...............5 Performance and Discipline.......................................................... ........... 5 No Strike.. " " .. " " " " " ...... " " I..... " " ... " " " " ... I.... " ... I... ..... " " " " ...... " " ..... ....5 Stewards.. ..... ... .... " " " " " I... ............ ........... ..... ..... ...................... ................6 Shift Stewards ............................................................................................................ 6 Access on Duty .. ................................ .................... ..... ............................................... 6 LA.F.F. Pins... ............................................................................................................ 6 Checkoff (Union Dues) ............................................................................ 6 Posting of Agreement..................................... ..... .................. ... ................7 Bulletin Boards............................................................ ............... ..............7 No Discrimination................................................................................... 7 Holidays ...... ......................................... .............. .......................... ...........7 Observed Holidays.................................................................................................... 7 Floating Holidays....................................................................................................... 8 Selection of Floating Holidays & Sick Leave Incentive........................................8 Payment for Floating Holidays ................................................................................ 9 Conversion to Personal Leave Time....................................................................... 9 ARTICLE 14 A B C D E F G. ARTICLE 15 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7. Section 8 Section 9 Section 10 Section 11 ARTICLE 20 ARTICLE 21 TABLE OF CONTENTS Page No. Vacations..... II II ........ II II II II II II II II II II II I" ... II ..... II II ... II..... ....... II II.. II II.. .... II ....... 9 Accrual of Vacations ........................... ...... .... ......... ............ ....................................... 9 Use of Vacation .............................. .... .............................. .................... ....................1 0 Accrual During Military Leave ...............................................................................11 Conversion to Other Leave ........... ........ .......... .......................................................12 Payment for Unused Vacation ..................... ....... ....... .............. ..............................12 Vacation Banking.................................................................................................... .12 Vacation Re-opener ............................................................................................... ..12 Wages and Compensation.............. ........................... ................... .... ...... 12 Pay Schedule.. ...................................................................................................... ....12 Step Increases ......................................................................................................... .12 Merit Step Review.... ......................... ...... .............. ..... ..............................................13 Rates of Pay... ......................................................................................................... .13 Laundry Stipend...................................................................................................... .13 Mileage Reimbursement....................................................................................... ...14 Special Teams ......................................................................................................... .14 Clothing and Equipment .......................................................................15 Insurance.. I" 11.11 II II II .... II... II II II II II ...... ...... II..... II... II... II.. ..... II II II .... II .... ... I" 17 Training and Tuition Refund ................................................................ 17 Personnel Practices .................... ................... ......................................... 18 Pay Plan Administration ................... .................. ....... ............ ................... ..............18 Promotional Examinations .......... ............ ........ ..................... ......... .........................19 Promotional Lists.................................................................................................... .22 Appointments ......................................................................................................... .22 Probation........ ....................................................................................................... ...23 Sick Leave...... ......................................................................................................... .23 Funeral Leave ...................................................................................................... ....28 Absent Without Leave............................................................................................ .29 Time Off From Duty ............... ...... .......... ...............................................................29 Right To Contribute Work .................................. ...................................................30 Sick Leave Re-opener .............................................................................................. 30 Retirement Advancement ......................................................................30 Light Duty. II . ..... II.. II II II II II II II ........................ ....... ..... ......... .................. ... 31 ARTICLE 22 Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE 23 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE 24 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 ARTICLE 25 Section 1 Section 2 Section 3 Section 4 ARTICLE 26 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 TABLE OF CONTENTS Page No. Line-of-Duty Injury- Pay .........................................................................31 Line-of- Duty Injury Pay......................................................................................... .31 Conflict with Workers Compensation ..................................................................32 Line-of- Duty- Death............................................................................................... 32 Right to Request a Physical ............ .................. ............ .............................. ............32 Failure to Report Injury......................................................................................... .33 Work Schedule ........................................................................................ 33 Hours and Days of Work .......................................................................................33 Work Schedule Adjustments........................................ .,........................................ .33 Scheduling Overtime............................................................................................... 33 Exchange of Duty Time (Swaps) ......... ........................................................ ..........35 Overtime, Court Time........................................................................................... ..36 Daylight Savings Time............................................................................................ .36 Overtime Re-opener................................................................................................ 36 Work Rules and Prevailing Rights ......................................................... 37 Definition....... .......................................................................................................... 3 7 Conflicts with Rules and Regulations.... ................................................................37 Notification of Changes .... ........................... ................ ................ ...........................37 Existing Rights......................................................................................................... 3 7 Subcontracting.......................................................................................................... 37 Indemnification........................................................................................................3 7 Sports Activities On Duty ......................................................................................37 Lawn Maintenance ....... ................................. ......... ..................... .............................38 Seniority and Layoffs... ............. .............. ...... ........ ....... ....... .............. ......38 Seniority Defined..................................................................................................... 38 Layoffs............ ..........................................................................................................3 9 Reemployment Rights............................................................................................. 3 9 30- Day Notification.................................................................................................3 9 Physical Examination ...... ..................................................... ................. 40 Frequency of Physicals........................................................................................... .40 Types of Exams.................................... .......... ......... ....... ....... ..................... ..............40 Immunization and Inoculations.............................................................................40 Physical fitness......................................................................................................... .40 Department Physician............................................................................................. 40 Wellness Re-opener ................................................................................................. 40 ARTICLE 27 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICVLE 31 APPENDIX A TABLE OF CONTENTS Page No. Substance Use and Testing.................................................................... 41 Policy Statement....................................................................................................... 41 Training in Program ........ ........ ............... .................... ................ .............................41 Reasonable Suspicion.............................................................................................. 41 Determination of Testing...................................................................................... .42 Drug and Alcohol Test Procedure ........................................................................42 Voluntary Assistance............................................................................................... 44 Over-the-Counter and Prescription Drugs ..........................................................44 Amendments ...................................... ..................... ....... ......... ...... .........45 Severability and Waiver .......................... ,............. II....... ... .............. ........45 Contract Constitutes Entire Agreement of the Parties ..........................45 Duration, Modification and Termination .............................................. 46 Wages .... ...... ............. ................ ......................... ....... ......... ....... ............... i PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Commission and issued Certification number 1194 in Case No. RC-97-021 dated May 1, 1998. All persons in the classification designated Fire District Chief shall be included in the bargaining unit. All others shall be excluded. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this agreement., and any change in elected Officers or appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. 1 ARTICLE 3 CITY'S MANAGEMENT RIGHTS Section 1. Management Rights Except as expressly limited by any provision of this Agreement, the City. reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to layoff, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2. Emergency Conditions If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. ARTICLE 4 GRIEVANCE PROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the facts alleged to support the grievance, and shall be signed by the grievant. 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. A Grievant may be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired probationary employees shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling, or access to training opportunities during the probationary period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. 2 A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is filed. 1bis shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline that must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs to sign the grievance. For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted. STEP 1 The aggrieved employee shall present his/her grievance in writing to the Deputy Chief/Operations or the Assistant Fire Chief within 10 work days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Deputy Chief/Operations or Assistant Fire Chief shall arrange for a meeting with the grievant within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The Deputy Chief/ Operations or Assistant Fire Chief shall review the grievance and submit a decision in writing to the aggrieved employee within 10 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may appealed to Step 2. STEP 2 If the grievance is not settled at the first step, the aggrieved employee shall, within 10 work days of the date of written notification from the Fire Deputy Chief/Operations or Assistant Fire Chief, present the written grievance to the Fire Chief. The Fire Chief shall obtain the facts concerning the alleged grievance and shall, within 10 work days following receipt of the written grievance, meet with the aggrieved employee. The Fire Chief shall review the grievance and notify the aggrieved employee of his/her decision in writing not later than 10 work days following the meeting day. STEP 3 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within 10 work days of the date of written notification from the Fire Chief. At the request of the employee, the City Manager or his/her designee shall meet with the employee. The City may determine who shall meet with the employee. Within 10 work days of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 2 to the employee's satisfaction. 3 Section 3. In the event that the grievance is still unresolved, the matter may be submitted to final and binding arbitration as provided in this section. A. Within 10 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrenrly, said party shall request from the Federal Mediation and Conciliation Service a list of five names of qualified arbitrators. Within 10 work days after the receipt of such a list, representatives of the parties shall meet and each party shall strike two names. The party filing the grievance shall strike the first name, 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 promprly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may seek review as provided by law. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that is was not timely filed, 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 30 calendar days from the close of the hearing. 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 The City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provisions of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within 10 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Section 5. All of the time limits contained in this Article may be extended by mutual written consent of the parties. Section 6. If an employee chooses to process his/her own grievance, the Union must be invited to attend any meeting where the resolution of the grievance may occur. FS 447.301 (4) 4 ARTICLE 5 LABOR-MANAGEMENT COMMITTEE The City and Union agree to maintain a single cooperative Labor/Management committee for both IAFF Local 1158 bargaining units. The committee shall consist of an equal number of members of each party. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation. ARTICLE 6 PERFORMANCE AND DISCIPLINE The City and the Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness. The system may be modified from time to time to better meet the needs of the employees and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employees have the right to Union representation any time they believe a meeting may lead to disciplinary action. The City-wide and Fire Department standards shall be in writing. The Union will provide input as the standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the Fire Department maintain the right to change the process. The City recognizes that members of the Fire Department are protected by the "Firefighter Bill of Rights" and any disciplinary action will conform to the guidelines of that law. ARTICLE 7 NO STRIKE Section 1. The Union agrees that during the term of this Agreement, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. The parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509. Section 2. Should the Union or employees covered by this Agreement within the City's Fire Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. 5 -------~ ARTICLE 8 STEWARDS Section 1. There shall be one Union Official or designee for all District Chiefs in addition to the Union Officials for Firefighters and Fire lieutenants. Section 2. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief/ Assistant Fire Chief or his/her relief to do so, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. Section 3. All members of the bargaining unit may wear the LA.F.F. pin on their uniforms. ARTICLE 9 CHECKOFF Section 1. The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deduction the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Section 2. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union. Section 3. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Article. 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. Section 4. 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. Section 5. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. 6 ARTICLE 10 POSTING OF AGREEMENT The City and the Union agree that this Agreement shall be posted by the City in a conspicuous place at each Fire District Chiefs Office. Further, the City agrees that it will print the required amount of copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargaining unit member within 30 days of their becoming a bargaining unit member or allow the City to retain copies to provide at new employee orientation. The City and the Union shall each bear one-half of the cost of production of the copies of the Agreement, the number of which shall be mutually agreed upon prior to printing. The City and the Union shall agree on the format. ARTICLE 11 BULLETIN BOARDS The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire District Chiefs Office for posting by the Union of notices of meetings or other official Union information; provided, the Assistant Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this Article, such posting shall be modified to the mutual agreement of the parties. The District Chief will continue to include the Union notices in the intra-departmental mail which he/she delivers to the stations. ARTICLE 12 NO DISCRIMINATION Section 1. The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, creed, sex, national origin, membership or non-membership in labor organization, or age, as provided by law. Section 2. Any claim of discrimination under Federal or State civil rights laws and the ADEA by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 4 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 13 HOLIDAYS Section 1. The following holidays shall be observed: New Year's Day Martin Luther King Day Memorial Day Independence Day Labor Day Veterans'Day Thanksgiving Day Day after Thanksgiving Christmas Day 7 Holiday pay for the above listed holidays will be paid at the employee's current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee's current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. Section 2. In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays". Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for such day if he/ she does not work that day, but shall not receive additional compensation. Any day for which an employee is not scheduled to work may not be designated as a floating holiday nor a sick leave incentive day. Floating holidays shall be subject to the following requirements and conditions: 1. No employee may utilize floating holidays until 30 calendar days after his/her employment. 2. Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 31 shall receive 25% of floating holiday~ to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of their hire. 3. Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Section 4 below. After the year of hire, employees shall receive four" floating holidays" each calendar year. 4. Upon an employee's separation from the City, the employee may receive a lump sum payment for his/her remaining floating holiday balance per Section 5 of this Article, or the remaining floating holiday balance may be used to advance the employee's date of retirement. Section 3. Floating holidays and sick leave incentive days will be selected in reverse seniority after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours notice in writing of his/her request. 1bis notice will be given to the Fire Deputy Chief! Operations or designee for approval based on vacation selection criteria. 1bis permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. 8 - ------------ --------, , Section 4. If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before December 15th to receive 24 hours of regular pay for 56-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the subsequent payroll period. Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be approved for payment each year. Section 5. Each calendar year, members of the bargaining unit may elect to take one floating holiday as "Personal Leave Time." TIlls personal leave day may be broken into blocks of 4 hours and will be taken in 4-hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/ she may make a written request to the Fire Chief on or before December 15th to receive pay for such remaining blocks, payable in the subsequent payroll period. ARTICLE 14 VACATIONS A. Accrual of Vacation Leave 1. Vacation leave shall be granted for all full time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. Effective for employees hired after October 1, 1999, such vacation shall be prorated according to the following schedule: 56 Hour Schedule Employees January/February Hire Date March/April Hire Date May/June Hire Date July/August Hire Date September/October Hire Date November/December Hire Date 6 Duty Days 5 Duty Days 4 Duty Days 3 Duty Days 2 Duty Days 1 Duty Day 9 Thereafter, employees shall accrue paid vacation as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 25 and higher 1 year anniversary of Hire Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January FollowingJanuary up to year 25 Following January Thereafter Pro-rated Days 6 Duty Days 6 Duty Days 7 Duty Days 7 Duty Days 7 Duty Days 8 Duty Days 8 Duty Days 8 Duty Days 8 Duty Days 9 Duty Days 9 Duty Days 9 Duty Days 9 Duty Days 10 Duty Days 10 Duty Days 10 Duty Days 11 Duty Days 12 Duty Days Employees on the 40-hour schedule shall have vacation balances adjusted to convert vacation hours from the 56 Hour Schedule to a 40 Hour Schedule equivalent. The vacation year shall be the calendar year. 2. Vacation leave granted in January is earned during the previous calendar year. 3. As of December 31, 2000 all unused vacation balances are forfeited at the end of the calendar year, except as determined by the City Manager. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Fire Department Regulations. A maximum of one Fire District Chief shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays, except as otherwise determined by the Fire Chief/designee. 2. The borrowing of vacation time prior to its accrual is prohibited. 3. There is no advancing of vacation pay. 4. New employees may not take vacation until they have completed one year of continuous semce. 10 5. If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6. An employee who has more than 90 calendar days of unpaid leave shall receive no vacation leave for that calendar year. 7. Scheduling of Vacation a) Bargaining unit members will be contacted in the order of department seniority for the selection of vacation. Vacation days may be picked in either a 3- or 6-day block the first time through. After all personnel have been contacted for their first pick, the second round will begin. All personnel who have selected a 3-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round. b) After all personnel have picked their primary six days of vacation and employees who will be awarded bonus days awarded for 25 years of service have chosen those days~ all personnel will be contacted by department seniority for the picking of additional vacation days. Finally, all personnel will be contacted by reverse seniority for the choosing of floating holidays, and sick leave incentive days. c) Should a person elect to pass on choosing any days, they shall be responsible for the scheduling of their days. If the employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays may be submitted for pay. Additional vacation days will be lost or can be donated to the Department leave pool. However, no employee shall be permitted to donate more than three days of leave per year to the pool. d) All vacation days must be chosen except by permission of the Fire Chief. e) The linking of scheduled days shall not exceed 9 consecutive duty days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the employee is on duty. If this cannot be done, then it is the employee's responsibility to complete the required training on their own time. f) The changing of incentive days for previously used floating holidays is not allowed. C. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence shall be paid all accrued vacation leave when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law. 11 D. Conversion To Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with the article on Funeral Leave. 3. Requests for such changes must be made in writing within 72 hours of the employee's return to work. E. Payment of Unused Vacation Leave 1. Payment of unused vacation leave will be paid upon voluntary separation of the employee, provided the employee was not dismissed for cause and that the employee has more than one year of continuous service. F. Banking of Vacation 1. The practice of banking vacation for retirement shall be limited to 240 hours for all employees hired or promoted into the classification of Fire District Chief after January 10, 2000. Employees hired or promoted into the classification of Fire District Chief prior to January 10, 2000 shall be permitted to bank any unused vacation hours remaining as a balance at the end of Calendar Year 2000 if such hours exceed the 240 hour limit. G . Vacation Re-opener The City and the Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purposes of negotiating a change to the vacation provisions only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. ARTICLE 15 WAGES AND COMPENSATION Section 1. Pay Schedule The pay schedule shall be in accordance with Appendix A. Section 2. Pay Progression The performance of Fire District Chiefs shall be evaluated annually. If an employee's evaluation as rated by management is satisfactory or higher, a 4% merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided below. An employee's base rate of pay may not exceed the established pay range maximum. The amount of any merit increase which would exceed the established pay range maximum shall be paid to the employee as a cash lump sum payment. 12 Section 3. Merit Review - Delay or Denial Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted a merit pay increase. Such employees shall be reevaluated after three months and if then rated satisfactory, shall be granted a merit pay increase as of that date. The effective date of the increase shall be utilized for the purpose of determining eligibility for subsequent annual performance reviews. If the initial three months follow-up rating is still less than Satisfactory, the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit pay increase as of the end of that second three-month follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for subsequent annual performance reVlews. If the employee is rated less than Satisfactory on the second three-month follow-up rating, no merit pay increase shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Satisfactory. Section 4. Rates of Pay A. Base rate of pay is defined as compensation at the rate prescribed for the job class in the City of Clearwater Pay .pian. B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. C. Overtime is defined as one and one-half times an employee's regular rate of pay. D. School pay is defined as regular rate of pay. Section 5. Annual Personal Resource Allowance A. All members of the bargaining unit who are actually working shall be provided an annual allowance of $950 for calendar years 2002-2005 which shall be utilized to cover (1.) the costs of purchasing and laundering uniform coat, shirt, pants, jumpsuit, and bed linens, (2.) the replacement of personal items such as glasses, watches, hearing aids, etc., and (3.) time spent attending the annual physical. B. An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal resource allowance. C. In the initial year of hire, the personal resource allowance shall be prorated at 25% from the date of hire by calendar quarters. 13 Section 6. Mileage Reimbursement A. For each move a Firefighter is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation. B. The mileage reimbursement rate shall be consistent with City policy. C. TIlls distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two Fire Stations. D. Written requests for mileage reimbursement must be made to the Fire Chief's office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. E. The Department will post a reminder notice at least 30 days prior to September 15. F. The money shall be paid by September 30 of each year. G. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. Section 7. Special Teams Effective with the approval of this agreement, any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive ten dollars per payroll period in addition to the current base rate of pay. Effective October 1,2002, any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive twenty dollars per payroll period in addition to the current base rate of pay. Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: Dive Team - 6 per shift plus one team leader Technical Rescue Team - 8 per shift plus one team leader Emergency Response (SWA1) Team - 4 per shift plus one team leader 14 Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following: Dive Team Coat/J acket 1 Jump Suit 1 Swim Trunks 1 Tee Shirt 1 Shorts 1 Technical Rescue Team Tech Shirt 3 Tech Pants 3 S.W.A.T. Team Shirt 2 Pants 2 An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. ARTICLE 16 CLOTHING AND EQUIPMENT Section 1. The City shall continue to provide the initial clothing and protective devices currently supplied or their equivalent, and initial safety equipment currently supplied without cost to the employee. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the pro-rated value of the lost or abused equipment, as determined by the Fire Chief. Section 2. The following equipment will be supplied initially to each employee: Item Coat Pants Class A Shirts T-Shirts Polo Shirts Jumpsuit Ouantity 1 5 5 3 2 1 15 L Badge Nametag Collar Insignia (set, if applicable) Blanket Pillow Bunker Coat Bunker Pants Helmet Firefighting Boots, (pair) Firefighting Gloves (pair) Nomex Hood Air Mask Suspenders City ID 3 cell Flashlight (mag light) 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 Section 3. The following items, if issued, will be returned to the Department before an employee leaves the employment of the Fire Department either by termination, retirement, resignation, etc., before the employee's last paycheck is released by the City. Should any such items not be returned, the City shall withhold from the last paycheck, an amount sufficient to reimburse the City its pro-rated replacement cost for that equipment: Badge City J.D. Collar Insignia (set) Bunker Coat Bunker Pants Helmet Firefighting Boots (pair) Air Mask Suspenders 3 Cell Flashlight (mag light) 1 1 2 1 1 1 1 1 1 1 Any such equipment which becomes worn or unserviceable through no fault of the employee shall be replaced when returned to the Department. Section 4. Employees shall be provided an allowance for the replacement of coat, pants, shirts and jumpsuit which may become worn or unserviceable in the course of duty. The Department shall publish annually a listing of the company(s) and the specifications for the replacement of these items. Each employee shall be responsible for the replacement of these items as required. 16 ARTICLE 17 INSURANCE Section 1. Life Insurance The City shall provide Fire District Chiefs with Group Term life Insurance consistent with that provided to the general employee group. The City agrees to continue the "one percent" premium additional life insurance plan. The selection of an insurance company for additional coverage shall be free and without prejudice and of the employee's choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of- kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the LA.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the LA.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the LA.F.F. and other unions to obtain pertinent information from the present carrier. The City agrees to continue the payment of 100% of medical insurance premiums for employee only coverage for the duration of this agreement. Any information received by either party from the consultant or from another carrier will be shared with the other party. ARTICLE 18 TRAINING AND TUITION REFUND Section 1. Members of the bargaining unit shall be entitled to parnapate in a tult10n reimbursement program provided that all classes are off-duty, except for promotional courses for the positions of Fire Deputy Chief to Fire Chief where department policy will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty and off-duty time. Section 2. The tuition refund for members of the bargaining unit shall be $1,000 per year for each year of the agreement. However, if classes taken by a bargaining unit member consist exclusively of those pertaining to an advanced degree program as part of a partnership between the City and USF, then $1,200 of tuition paid for such classes shall be reimbursable. 17 Section 3. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any obligation to the City under FLSA. Section 4. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. Section 5. The City shall provide and maintain reasonable training grounds and facilities. Section 6. The Department shall support the Fire District Chiefs in attending classes through the National Fire Academy. However, attendance at such classes shall be subject to the prior approval of the Fire Chief. ARTICLE 19 PERSONNEL PRACTICES Section 1. Pay Plan Administration A. Promotions Fire District Chiefs shall be provided a minimum of a 5% increase upon promotion plus a pro- ration of the annual merit increase earned based on time served since the last merit review. The pro- rated merit amount shall be as follows: 100% for 9 months or more, 75% for 6 to 9 months, and 50% for 3 to 6 months. "Grandfathered" E.M.T. pay if applicable shall be incorporated into the base pay prior to any promotional pay adjustment. The date of promotion shall be utilized for the purpose of determining eligibility for subsequent annual performance reviews. B. Demotions 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, shall receive a 5% decrease in payor shall be placed into the step or at the range maximum of the lower class which represents at least a 5% reduction in pay, whichever is greater. A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. For non-voluntary, non- disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/ she was demoted. 2. An employee who is appointed from layoff from the reemployment list to a position in the department in which he/she previously served shall be paid at the rate of pay which is equivalent to that which he/she was receiving when he/she was separated and shall be eligible for the subsequent annual performance review when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation. 18 An employee who is appointed from the reemployment list to his/her previous higher level classification after having taken a non-voluntary, non-disciplinary demotion shall be paid at the corresponding rate of pay in the higher level classification which is equivalent to that which he/ she was receiving at the time of demotion or which represents a 5% increase in pay, whichever is greater, and shall maintain his/her current review date for the purpose of determining eligibility for subsequent annual performance reviews. 3. An employee who is appointed from the reemployment list to a position in another department than that in which he/she was previously employed may be paid at the same rate of pay as that which he/she was being paid when separated, or any rate within the range which is not above the rate at which he/ she was previously paid. C. Acting Pay Acting pay shall be provided to any Fire District Chief who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. Acting Pay shall be 5% above the employee's current base rate of pay. An employee shall be deemed qualified to act in a higher level classification if he/she is on the existing or most recently expired eligibility list, or meets the minimum qualification requirements, or meets guidelines established by the Department and the Union for the higher level classification. D. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned, transferred, demoted or promoted to any pOSItion not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. E. Fair Labor Standards, Section 7(k) Exemption 1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a 27 -day work cycle for employees in the bargaining unit. 2. All employees in the bargaining unit shall be paid overtime only for all regular hours actually worked in excess of 204 hours during the designated 27 -day work cycle. Section 2. Promotional Examinations A. Promotional examinations for the classification of Fire District Chief will be held at least 30 days prior to the expiration of a previously existing promotional list. 19 B. Each announcement of a promotional examination shall state: 1. The title of the class. 2. The nature of the work to be performed. 3. The names of the organization unit or units for which the examination is given and of the organization unit or units and the lower class or classes of positions within such organization unit or units, of which employees shall be deemed entided to compete in such examination. 4. The minimum qualifications which may be required for admission to the examination. 5. The general scope of the tests to be used. C. Eligibility for promotional examinations may be restricted to persons employed in designated lower classes and/or in designated organizational units. Such persons shall be required to have completed their probationary period and have been certified to permanent status in the lower class and/ or to have had such other length of experience in the lower class or classes as may in the judgment of the Human Resources Director be deemed appropriate for the particular examination. D. Disqualification of Applicants The Human Resources Director, on behalf of the City, may reject the application of any person for admission to any examination or refuse to examine any applicant or to certify the name of an eligible for appointment if, in his/her opinion, it is found: 1. That the applicant fails to meet the established qualification requirements for the classification. 2. That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. 3. That the applicant has made an intentional false statement as to any material fact, has practiced or attempted to practice deception or fraud in his/her application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. 4. That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/ she is applying. 5. That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. 6. Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional examination or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. 20 E. Scope and Character of Examinations 1. Provisions applying to promotional examinations: a) All promotional examinations shall be competitive. b) All examinations shall be of such character as to fairly determine the qualifications, fitness and ability of applicants to perform the duties of the classification to which appointment is to be made. c) Examinations and tests may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. d) No test or question in any examination shall be so framed as to call for or lead to disclosure of any information concerning any political or religious applications, preferences or opinions. Any disclosure thereof shall be disregarded. 2. A promotional examination may include any combination of the factors listed in subsection (1) above, and shall include credit for seniority hereinafter described. Seniority credit will be granted to the candidate prior to computation of the final test grade. One-half point credit will be added for each full year of department service, up to a maximum of five points. F. Rating of Examinations 1. The overall rating of each candidate shall be determined by the weighted average of earned credit ratings, according to weights established and published or announced by the Human Resources Director, or his/her designated representative, before the examination. The Human Resources Director shall establish the minimum eligibility requirements. Changes to minimum eligibility requirements shall be made only when properly authorized and published or announced before the examination. 2. Where it is stated in the announcement that an applicant, to become eligible, must attain a specified acceptable rating in any written or performance test, the remaining tests need not be given to any competitor who is found not to meet such requirement, and if given, need not be rated. 3. Examination results shall be converted to pass/fail prior to creation of any eligibility list and such lists shall contain no numerical scores or grades. 21 G. Notification of Results Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date of his/her notice of results, request permission to review his/her examination with the Human Resources Director or his/her designated representative, and will be given reasonable opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request, provided such request is made in writing within 15 days after the last section of the examination is administered and the summary is made available by the vendor. Any costs associated with the summary shall be paid one-half by the employee and one-half by the Fire Department. H. Appeals from Ratings 1. Any Fire District Chief who fails to attain status on an eligibility list may, within 15 calendar days from the date of notification of such, notify the Human Resources Director in writing that error, other than error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If upon review, errors other than errors of judgment are found, such errors shall be corrected. In the event such review discloses error, affecting other eligibles, the other candidates shall also be corrected. 2. An error correction may cause names to be added or subtracted from the eligibility list, however no change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 3. Open and Promotional Lists The names of all persons who may be lawfully promoted or appointed shall be placed ill alphabetical order on an open or promotional list which will be posted in the Department. All employees deemed eligible through the examination process shall remain on the appropriate eligibility list for a period of two years from the date of placement on and establishing of such list by the Human Resources Department. Section 4. Appointments A. Selection from the open or promotional list shall be at the sole discretion of the Fire Chief. Selection criteria shall be developed and may include such factors as seniority, experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications. B. The Department shall counsel with any eligible employee who not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified. 22 L_______ Section 5. Probation A. A newly hired employee within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is, for any reason, absent from duty or on light duty for an accumulated period equal to two weeks scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. B. A newly hired employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated. An employee shall not have access to the grievance procedure regarding the termination during probation. C. All bargaining unit members who commenced employment in the Fire Department on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. D. No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member hired in the Fire Department on or after December 15, 1985, as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. E. An employee promoted to Fire District Chief shall serve a probationary period of six months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accumulated period equal to one week of scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. F. A promoted employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and his/her return to his/her former position. Section 6. Sick Leave A. Accrual Rate 1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Biweekly Hours Total Hours Accrual Rate Per Pay 112 80 134.42 96.00 5.170000 3.692307 2. The number of yearly pay periods sick leave is accrued is 26. 23 3. Current employees shall retain their existing sick leave balances and caps. Employees hired or promoted as Fire District Chiefs after the effective date of this Agreement shall have sick leave accruals capped at 2184 hours. B. Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no- loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when they are in a non-paid status or utilizing "retirement advancement". C. All accumulated unused sick leave shall be credited to any employee recalled from a layoff, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled work days for the number of regular hours he/ she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes Tenths of an Hour 1 - 6 7 -12 13 - 18 19 - 24 25 - 30 31 - 36 37 - 42 43 - 48 49 - 54 55 - 60 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 24 F. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1. Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. 2. Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3. Due to dental appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. 4. Due to illness of a member of his/her immediate family which requires his/her personal care and attention. The term "Immediate Family" as used in this paragraph shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife, or other relative who is a member of the immediate household. Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is defined above). 5. If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accumulated sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H. Payment for Unused Sick Leave Upon separation from City semce, an employee shall be paid one-half of his/her accumulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The employee may request that one-half the payment for unused sick leave be made at separation and one-half the payment be made in the first payroll period in the next calendar year. 25 The employee qualifies for payment if: 1. The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service; or 2. The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs; or 3. The employee's estate shall receive payment if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. L An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. J. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K. The employee may be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted when requested by the Department Director. 26 L. An on-duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his/her accumulated unused sick leave, only that portion of his/her regular rate of pay which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. M. The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. N. Sick Leave Incentive Program 1. In any full calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee's current base hourly rate of pay. 2. In any full calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee's current base hourly rate of pay. 3. Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave Incentive eligibility notification or shall have no sick days converted. O. Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. 2. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. 27 a) The committee shall consist of three members designated by the bargaining unit, one management employee designated by the Fire Chief, and one management designee of the City Manager. b) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. c) The committee's decisions are final and are not grievable. 3. Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January. a) No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. TIlls shall be limited to one time per year; however, the 3-day donation limit shall not be modified. b) All donations of pool leave time must be in full-day increments based on the employee's full-time, regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c) Donations of pool leave time are irrevocable. d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 4. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 7. Funeral Leave A. An employee shall be allowed up to three shifts off with pay in the event of a death in the immediate family which shall be limited to spouse, child, parent, brother, sister, stepmother, stepfather, stepchild, or mother-in-law or father-in-law. This is not chargeable to sick leave. 28 -, B. An employee shall be granted up to two shifts off with pay in the event of a death in_ the family, specifically defined as grandmother, grandfather, grandchildren, sister-in-law, or brother-in-law. TIlls is chargeable to sick leave. The Fire Chief may grant funeral leave to employees for the death of other household members. C. Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the Fire Chief or his/her District Chief of such intent as soon as possible. Section 8. Absence Without Leave A. Any employee who is absent from duty for two consecutive work days for 56-hour employees and three consecutive work days for 4O-hour employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 9. Time Off From Duty A. An employee may be granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. 1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exams which will get first priority. 2. Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 3. The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one month's written notice is given to the Fire Chief. B. The Union may, upon request, be allowed up to 48 duty hours per fiscal year to be excused for Union business, conferences, and training pertaining to the City of Clearwater. Any such request must be initiated in writing through the chain of command, via the District Chief, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not less than four-hour increments. Any unused portion of the balance is to be carried over into the next contract year. 29 Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. Section 10. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to anyone employee is a total of 90 calendar days for the duration of this contract. Section 11 Leave Re-opener The City and the Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purposes of negotiating a change to the Leave provisions only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. ARTICLE 20 RETIREMENT ADVANCEMENT Section 1. The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of retirement. Section 2. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. Section 3. During the period of "retirement advancement", the employee will not be eligible to receive or accrue any benefits except retirement credit, "grand fathered" EMT Pay and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind. 30 ARTICLE 21 LIGHT DUTY Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical condition may be assigned to light duty. Employees placed on light duty shall be reassigned to a 40-hour per week schedule and shall perform duties as assigned by the Fire Department. Should an employee on light duty need to utilize sick time, floating holiday time or vacation time, such time shall be charged at the rates applied to 40-hour schedules. All other pays and benefits will continue as if the employee were on regular assignment except that an employee will receive a recognized holiday off with pay in lieu of holiday pay, and there will be a loss of assignment pay after 90 calendar days only for off-duty injuries. Employees injured on duty and released for light duty will continue to be paid assignment pay. All employees on light duty shall have all sick leave hours, floating holidays, and vacations converted to a 40-hour schedule. On return to regular duty, all sick hours, etc. will be returned to a shift schedule. All employees on light duty shall have their medical status reviewed in a minimum of 30 days and the concept of maximum medical improvement shall be considered. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited. ARTICLE 22 LINE-OF-DUTY INJURY PAY Section 1. The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C. The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury . 31 D. No compensation under this section shall be allowed for the first seven calendar days of disability; provided, however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is understood that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) E. The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. F. It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G. The maximum period for which payment may be made under this section shall be 90 calendar days from the date of injury for each injury, including recurrences thereof. If the employee's injury results in disability for more than 21 calendar days, no payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. H. Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. Section 2. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division. Section 3. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. Section 4. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. 32 l Section 5. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Agreement 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. ARTICLE 23 WORK SCHEDULE Section 1. Hours and Days of Work Shifts shall start at 7:30 AM. each work day and end at 7:30 AM. the following morning. Total: 24 hours. District coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below). Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. Section 2. Notwithstanding any provision to the contrary, the City retains the right to adjust work schedules only for the purpose of complying with the Fair Labor Standards Act without providing additional compensation for regularly scheduled hours. Prior to making any such change, the City shall provide the Union not less than 20 days' notice and, if requested, bargain with the Union concerning the change; provided, further however that should a mutually agreeable schedule not be reached within 30 days of the Union's being notified of the City's intent to change the schedule, the City's revised schedule may be implemented while bargaining continues and the matter of schedule change shall not be grievable under this Contract. By mutual consent of both parties, a Fire District Chief may accept assignment from the Fire Chief to a 40- hour schedule in order to attend to administrative projects or other departmental matters. Such Fire District Chief shall receive Holiday pay when applicable in accordance with this agreement converted to a 40-hour schedule (i.e., 8 hours Holiday pay for a regular holiday and 12 hours Holiday pay for a premium holiday). The Union shall be notified in writing prior to the assignment of any Fire District Chief to a 40- hour schedule. Section 3. Overtime Scheduling Department policy may require the scheduling of overtime. The department shall attempt to equalize overtime to the extent practicable. The selection of certified and/or trained individuals may be required and shall be allowed. The current practices regarding overtime compensation shall be paid as defined in this Agreement. 33 When a Fire District Chief is absent from duty on a shift and the department is staffed above the minimum manning level, a qualified employee may be appointed to act in the vacant positions. If the absence of a Fire District Chief causes the department staffing to drop below the minimum manning level, a Fire District Chief shall be called in for overtime from a list which shall be maintained in ascending order of overtime credits earned. A. Overtime Lists 1. Relief and Backup lists shall be maintained for the assigning of overtime. The overtime lists shall be maintained as an electronic document to be accessible through the department's computer share directory. 2. The lists shall be updated daily by an assigned Fire District Chief. 3. The lists shall consist of those employees who elect to work overtime. At the start of each shift, employees will notify the Fire District Chief if they desire to be eligible for overtime on subsequent shifts. 4. Names shall be arranged on the overtime list by classification in ascending order of overtime credits earned. B. Overtime Credits 1. Employees shall be assigned credits hour for hour based on overtime hours worked. 2. Employees who refuse an overtime assignment between 7:30 and 8:00 a.m. after agreeing to be available for a shift shall be assigned credits equaling the number of hours for the shift refused. No credits shall be added for a refusal of overtime after 8:00 a.m. 3. No credits shall be added for refusal of shifts less than 12 hours, nor shall credits be added for working a shift of less than 8 hours. 4. Inability to contact an employee who has agreed to be available shall not be cause for adding credits. 5. Credits shall be deducted when an overtime shift for which an employee is scheduled is canceled. 6. New employees shall be placed on the list after six months of service with the number of credits equal to the maximum accumulated by any current employee in the same classification on the list. 7. Overtime credits shall carry over from year to year and shall not be zeroed out. C. Overtime Selection Procedures 1. The Fire District Chief shall be responsible at the beginning of each shift for the scheduling of overtime by contacting the appropriate employee position for position by classification who has the lowest number of credits on the list. 2. The Fire District Chief shall attempt to fill the overtime position first by utilizing the "Relief" list and then by the "Backup" list. 3. Should no employee in the necessary classification be available from either the relief or backup list to fill an overtime position, the Fire District Chief shall attempt to fill the position by utilizing in an acting capacity an employee on the same shift who is also on the current eligibility list for the position. If successful, the Fire District Chief shall then fill the newly created open position by beginning the process anew. 34 ------------ .l 4. If unsuccessful, the Fire District Chief shall then attempt to fill the position from the relief list and then the backup list by utilizing in an acting capacity an employee with the least overtime credits who is also on the existing eligibility list or the most recently expired eligibility list for the necessary classification. 5. If still unsuccessful, the Fire District Chief may utilize an employee who meets the minimum eligibility requirements for the necessary classification, first from the same shift and then from the relief and backup lists. 6. Failing all of the above, the Fire District Chief may use his/her discretion to fill the position with an employee who is otherwise determined in accordance with this agreement to be qualified to act in the open classification or may elect to take a unit out of service. Section 4. conditions: Employees within the Department may exchange on-duty time upon the following A. That the person filling in be acceptable to the Fire Deputy Chief/Operations or Assistant Fire Chief prior to the change. B. That the persons desiring the exchange notify the Fire Deputy Chief/Operations or Assistant Fire Chief of the anticipated change not less than 48 hours prior to the start of the anticipated change unless such exchange arises under emergency situations. C. That no person may be allowed to exchange more than 120 hours per fiscal year unless the Fire Deputy Chief/Operations or Assistant Fire Chief in his/her discretion allows persons to exceed such limitation. D. That the member working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. E. If the person agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her appropriate leave account or pay will be charged. F. The person agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H. Time exchange is subject to a one hour minimum and at one hour increments. Any premium of acting pay shall be in accordance with Departmental policy. 35 Section 5. Overtime / Court Time A. When an employee is called in at least 30 minutes prior to the start of his/her regularly scheduled shift, he/she will be paid a minimum of four hours at the overtime rate of pay. The City may require the employee to remain on duty for the duration of the four hour period or for as long as he/ she is needed, at the option of the City. B. When an employee is held over past the end of his/her regularly scheduled shift, the time held over shall be paid at the overtime rate. C. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his/her employment, shall receive a minimum of two hours pay if such attendance is during the employee's off-duty hours. This time will be counted as hours worked toward the calculation of overtime. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. All bargaining unit members on the regularly scheduled shift in the Spring that as a result of Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period. The additional hour not actually worked shall count as hours actually worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. Vacation, Floating Holiday, and Sick Leave days used on the affected day shall count as 24 hours in either of the above instances. Exchanges of on-duty time (swaps) on the affected day shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to credit for the additional hour in the Fall. Section 7 Overtime re-opener The City and Union agree that based upon a mutual agreement of the parties, this Article may be re-opened for the purpose of negotiating a change to the overtime provision only. If the Article is re- opened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. 36 ARTICLE 24 WORK RULES AND PREVAILING RIGHTS Section 1. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. Section 3. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be referred to the next Labor/Management Committee meeting, which shall be scheduled within 10 work days to meet and discuss such change. The rule will be implemented after the initial 10-day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. Section 4. All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under sections 1,2 and 3 of this Article or as expressly provided elsewhere in this contract. Section 5. Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or rescue services shall not be deemed subcontracting. Section 6. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 7. Participation Department S.O.G. Sports in sporting activities while on duty shall be permitted 111 accordance with Fire 37 ~ Section 8. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. ARTICLE 25 SENIORITY AND LAYOFFS Section 1. Seniority A. Definition Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. B. How Measured 1. In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. 2. Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. In regards to pay and pensions, the applicable civil service rules or City pension ordinance shall apply. 3. In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4. The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5. The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 6. Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: 1. Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. 2. Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 38 l 3. Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4. Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5. Dismissals subsequently withdrawn or modified by the Appointing Authority arbitration award, grievance decision or the Civil Service Board in accordance with this Agreement. 6. Resignations subsequently withdrawn, in accordance with this Agreement, within six months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D. Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement and/or current Civil Service Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. E. Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs In the event of layoffs, all emergency, temporary, provisional, and probationary status Fire District Chiefs shall be laid off before any regular status Fire District Chiefs. If reduction in force requires the layoff of a regular status Fire District Chief, the Fire District Chief with the least time served in classification shall be first subject to layoff and may, at his/her option, revert to the position held prior to promotion to Fire District Chief, or to another position in the Fire service of lower classification for which he/ she is qualified. If this movement requires further reduction in force the applicable bargaining agreement for the affected employees shall govern. Section 3. No new employee shall be hired or promoted to the classification of Fire District Chief until all Fire District Chiefs on layoff or demoted from that rank in lieu of layoff have been given an opportunity to return to work at their former Fire District Chief seniority date and position; 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. Section 4. The Fire Chief shall give written notice to the Human Resources Director and to the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. 39 ARTICLE 26 PHYSICAL EXAMINATION Section 1. Employees covered by this labor agreement shall be required to undergo a physical examination during their month of hire each year after the year of hire. Section 2. The employer shall determine the extent of the examination and bear the cost of each examination. Additionally, employees shall be provided an allowance for attending the physical during off-duty hours. The results of these physicals shall be made available to the City and to each employee upon completion of the physical. The Department shall post the name and phone number of the facility where the physical shall be administered. Physicals shall include but not necessarily be limited to the following: 1. 12 Lead EKG - (Stress, where indicated and at discretion of examining physician). 2. SMA Profile 12 (liver, blood sugar, etc.) 3. Chest X-Ray 4. Complete Blood Count 5. Urinalysis 6. Rectal Cancer Exam 7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8. Breast/Cervical Cancer Exam (Females) 9. Audiometric Evaluation 10. Spirometry (pulmonary Function) Section 3. The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co-pay cost for any preventive inoculation or immunization shots an employee may receive from his/her City primary care physician. Section 4. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. Section 5. The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. Section 6. The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. 40 ARTICLE 27 SUBSTANCE USE AND TESTING Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and their 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. Fire District Chiefs will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will allow Fire District Chiefs to attend such training class on City time as operational demands permit. Section 3. No bargaining unit employee will be tested for drugs or alcohol unless there exists a reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this policy and section, be defined as follows: A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty by the employee's immediate supervisor or higher ranking employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: - observed alcohol and/or drug use during working hours - unexplained work-related accidents or injuries - presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or marijuana - extreme weight loss - red eyes - running nose or sniffling - frequent or extreme mood changes - lack of physical coordination - deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - unexplained absence from assigned work area - frequent or extended visits to the restroom - other marked, unexplained changes in personal behavior 41 B. Random or mass testing is prohibited, except where required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union President, along with regulations for such implementation as required, at least 20 calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or all of this information. One copy of this document shall be given to the bargaining unit employee before he/she is required to be tested. After being given a copy of the document, the affected bargaining unit employee shall be allowed enough time to be able to read and understand the entire document. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered and no discipline shall be levied against the bargaining unit employee. Section 4. When a Fire Deputy Chief or other supervisory personnel has reasonable suspicion to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter medications), and/or non- prescribed narcotic drug while on duty, the Fire Deputy Chief or other supervisory personnel will notify the Fire Chief or designee for the purpose of observation and confirmation of the employee's condition. If the Fire Chief or designee after observing the employee also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then by a written order signed by both the Fire Deputy Chief or other supervisory personnel and the Fire Chief or designee, the employee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. A. Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his/her regular pay and benefits pending test results. B. Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. Section 5. Blood and Alcohol Test Procedure The City's Anti-Drug Policy and Alcohol Policy delineate test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government agencies deem permissible. Union representatives will be furnished with copies of the policies upon revision. The following procedure shall apply to blood and urine tests administered to bargaining unit employees. 42 A. The employer may request urine or breath samples except when the employee has been involved in an accident covered by the City's workers' compensation resulting in injury to him/herself, in which case a blood sample may be required. The employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine or breath test. Urine and blood specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling and sealing of the specimen. All specimen containers, vials, and bags used to transport them shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested). The chain of custody recommended by the Florida Health and Rehabilitative Services Department will be met or exceeded. B. All testing shall be done by a laboratory certified by the State of Florida as a medical and urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA certified. C. Federal guidelines shall be used to determine what levels of detected substances shall be considered as positive. D. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. E. When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected), a second test, the Gas Chromatography/Mass Spectrometry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. When a urine or blood specimen for testing is obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. F. If the results of the tests administered by the employer on the two samples show that the employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the following procedures has been followed: The employee shall be presented with a copy of the laboratory report before any disciplinetis imposed. The Union and the employee shall then have 24 hours to present to the employer any different results from the test of the sample conducted by a laboratory selected by the Union. After considering the results of the third test performed for the Union (if presented), the employer may discipline the employee. 43 A test result indicating the employee is under the influence of alcohol, or indicating the use of illegal drugs or controlled substances (when taken without a prescription issued to the employee or without being under the care of a physician or being taken other than in complete conformance to the prescription), while on duty will result in the employee being required to attend and complete an appropriate detoxification, alcohol or drug abuse program. The employee shall be allowed to use sick leave in accordance with provisions of this agreement for absence from duties to attend any such appropriate program. Should the employee not have sufficient accumulated sick leave to use for this purpose, the employee shall be granted a leave of absence without pay to attend said program. After completion of any detoxification program, the employee shall be subject to three random blood tests anytime during a twelve-month period after completion of detoxification. A positive test on any of these three tests will subject the employee to discharge. Section 6. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance standards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. Results to urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. Section 7. Over-the-Counter and Prescription Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform his/her job must immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform his/her job without impairment caused by the medication, the employee will be placed on sick leave or annual leave until the condition for which such medication is being taken is no longer present, or use of the medication causing impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments. If an employee is placed on sick leave under this paragraph, such leave shall not be considered in placing the employee on a doctor's certificate requirement until after two such incidents in a 12-month period. 44 ARTICLE 28 AMENDMENTS TIlls Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required by each party hereto. ARTICLE 29 SEVERABILITY AND WAIVER Section 1. 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. Section 2. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. Section 3. In the event of invalidation of any article or section, both the City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. ARTICLE 30 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 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 waive 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. TIlls Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargaining for and during its term, except as may be otherwise specifically provided herein. However, the parties agree that the City Employees Pension Plan may be separately negotiated at any time upon mutual agreement of both parties. 45 ---l ARTICLE 31 DURATION, MODIFICATION AND TERMINATION TIlls Agreement shall be effective as of October 1, 2002, and shall continue in full force and effect until September 30, 2005. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , 2006. ATTEST: CITY OF CLEARWATER, FLORIDA 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 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: John Lee, President, Local 1158 46 APPENDIX: WAGES 1. Pay Range Table Effective from October 1, 2002 through September 30, 2005 MINIMUM MAXIMUM BIWEEKLY $2,038.46 $2,500.00 ANNUAL $53,000 $65,000 2. Wage Increases All bargaining unit members will be eligible for a 4% merit pay increase each year effective on their annual performance review date provided they receive a rating of satisfactory or better. Any portion of the increase that exceeds the established pay range maximum shall be provided as a lump sum payment. 1 Rf.. : tlR - 1 &:iI3 AGREEMENT between CITY OF CLEARWATER and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO Local 1158 FIRE DISTRICT CHIEFS EFFECTIVE DATES OCTOBER 1, 2005 through MARCH 3, 2006 Preamble ARTICLE 1 ARTICLE 2 ARTICLE 3 Section 1 Section 2 ARTICLE 4 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 Section 1 Section 2 Section 3 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 Section 1 Section 2 Section 3 Section 4 Section 5 TABLE OF CONTENTS Page No. ..................................................................................................................1 Recognition. . " " " II " It... I... It It It " " ... " It " II.. ...... " ... It '" " " ..... " " " II " " II " ..... ...1 Representatives of Parties........................... .................................. ...........1 City's Management Rights.. ........................ .................... ...................... ...2 Management Rights .... ............... ................... .............. ....... ....... .................................2 Emergency Conditions ...................... ..................................... ........... .............. .......... 2 Grievance Procedure................................................................................ 2 DefInition....... ............................................................................................................ 2 Filing ............... ............................................................................................................ 2 Arbitration...... ............................................................................................................ 4 Grievance by the City................................................................................................ 4 Time Limit Exceptions............................................................................................. 4 Employee Filed Grievances...................................................................................... 4 Labor-Management Committee ... " " ........ '" ..... I.... " '" " " .... ..... " I... " " It " " 5 Performance and Discipline. It It " " " II I" " '" " '" " ... ....... It I" " " " .... ..... It It " " ,..5 No Strike.. " " .. It. ...... ... " It " It It " " " " " It II .... " " II' '" " ... " " It. It " '" " .... It It It " " " ,..5 Stewards....... ............................................................................................ 6 Shift Stewards ............................................................................................................ 6 Access on Duty .......................................................................................................... 6 LA.F .F. Pins ... . .... ........ .................................... ......... ..... ..... ......... ......... ...... ...... .......... 6 Checkoff (Union Dues) ............. ........................................................... .... 6 Posting of Agreement................ ........................ ....................................... 7 Bulletin Boards....... ............................................................... ................... 7 No Discrimination.................... ......................... ......................................7 Holidays . " '" . It " " " " I.... " It............................. ..... ........ ,..... ..... ..... ..............7 Observed Holidays.................................................................................................... 7 Floating Holidays....................................................................................................... 8 Selection of Floating Holidays & Sick Leave Incentive........................................ 8 Payment for Floating Holidays ..... ........................................................................... 9 Conversion to Personal Leave Time ....................................................................... 9 ARTICLE 14 A B C D E F G. ARTICLE 15 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7. Section 8 Section 9 Section 10 Section 11 ARTICLE 20 ARTICLE 21 TABLE OF CONTENTS Page No. Vacations .. ... ........ ......... ............................... ............... ........ ...... ........ .......9 Accrual of Vacations ........................... .... ........ ..... ........................... .......................... 9 Use of Vacation.................................................................................................... ....1 0 Accrual During Military Leave ...............................................................................11 Conversion to Other Leave .......... ............. ................ ................ .............................12 Payment for Unused Vacation ...............................................................................12 Vacation Banking. .............................. ................ ..... ....... ....... ............. ......................12 Vacation Re-opener ........................................ 0................ 0................ 0................ o. ....12 Wages and Compensation.......................... ............................................ 12 Pay Schedule.. ......................................................................................................... .12 Step Increases ......................................................................................................... .12 Merit Step Review...... 0......0..................................................................................... .13 Rates of Pay... ......................................................................................................... .13 Laundry Stipend.................................................................................................... ...13 Mileage Reimbursement... ...... ........ ...... ..................... ..... ......... ........... .....................14 Special Teams ......................................................................................................... .14 Clothing and Equipment .......................................................................15 Insurance ..... . ....... ........................................ ..... .......... ... ........................ 17 Training and Tuition Refund ................................................................17 Personnel Practices............................................. ................................... 18 Pay Plan Administration...................................................................................... ...18 Promotional Examinations.................................................................................... .19 Promotional Lists.................................................................................................... .22 Appointmen ts ......................................................................................................... .22 Probation.... 0.0. ......................0. 0.0.0...0..................... 0.0..0.00.0........................................ .23 Sick Leave...... ......................................................................................................... .23 Funeral Leave ....................................................................................................... ...28 Absent Without Leave.................... ......................... ..... ....... ....... .............................29 Time Off From Duty ......................... .......... ......... ....... ....... ....... ........................ .....29 Right To Contribute Work............ ................ ......... ....... ....... ......... ........ .................30 Sick Leave Re-opener . .......... ........ ...... .......... ........... ............ ........... .........................30 Retirement Advancement ............................................................. ......... 30 Light Duty ... .......................................................................................... 31 ARTICLE 22 Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE 23 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE 24 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 ARTICLE 25 Section 1 Section 2 Section 3 Section 4 ARTICLE 26 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 TABLE OF CONTENTS Page No. Line-of-Duty Injury- Pay .........................................................................31 Line-of- Duty Injury Pay...................... .......... ......... ..................... ........ ....................31 Conflict with Workers Compensation ..................................................................32 Line-of- Duty- Death............................................................................................... 32 Right to Request a Physical................. ................................................ ...... .............32 Failure to Report Injury ....................................................................................... ...33 Work Schedule II II II.... ....., II II II " ....... ..... II .....,. .... ... " ... ,..,.. ......, ,.................33 Hours and Days of Work ............ ............. ......... .............. ......... ..............................33 Work Schedule Adjustments....... .... .................. ....... ....... ......... ................. .............33 Scheduling Overtime.............................................................................................. .33 Exchange of Duty Time (Swaps).... .................................................... ...................35 Overtime, Court Time................ ........ ................ ..... ....... ....... ....... .... .......................36 Daylight Savings Time............................................................................................ .36 Overtime Re-opener............................................................................................... .36 Work Rules and Prevailing Rights .........................................................37 Definition....... ..........................................................................................................3 7 Conflicts with Rules and Regulations.......... ..........................................................37 Notification of Changes .... ........................ ........ ..... ....... ....... ........... ........................37 Existing Rights.........................................................................................................3 7 Subcontracting..........................................................................................................3 7 Indemnification........................................................................................................3 7 Sports Activities On Duty ......................................................................................37 Lawn Maintenance.................................................................................................. .38 Seniori ty and Layoffs.............................................................................. 38 Seniority Defined.................................................................................................... .38 Layoffs............ ......................................................................................................... .39 Reemployment Rights............................................................................................ .39 30- Day Notification................................................................................................ .39 Physical Examination..... ....................................................................... 40 Frequency of Physicals............................................................................................40 Types of Exams.... ................................................. ..... ....... ........................ ...............40 Immunization and Inoculations.............................................................................40 Physical fitness......................................................................................................... .40 Department Physician............................................................................................ .40 Wellness Re-opener ................................................................................................. 40 ARTICLE 27 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICVLE 31 APPENDIX A TABLE OF CONTENTS Page No. Substance Use and Testing....................................................................41 Policy Statement....................................................................................................... 41 Training in Program ............................ .......... ....... ....... ...................... ......................41 Reasonable Suspicion ............. ...... ......... ........ ......... ............ ................... ..................41 Determination of Testing ...... ........ ............... ..... ....... ......... .....................................42 Drug and Alcohol Test Procedure ........................................................................42 Voluntary Assistance............................................................................................... 44 Over-the-Counter and Prescription Drugs ..........................................................44 Amendments .......................................................................................... 45 Severability and Waiver.............................................. ......... ...................45 Contract Constitutes Entire Agreement of the Parties .......................... 45 Duration, Modification and Termination .............................................. 46 Wages .......... ............................................................................. ............... i PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City," and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the "Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all other terms and conditions of employment. ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees Relations Commission and issued Certification number 1194 in Case No. RC-97-021 dated May 1, 1998. All persons in the classification designated Fire District Chief shall be included in the bargaining unit. All others shall be excluded. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this agreement., and any change in elected Officers or appointed stewards shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the employees covered hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. 1 ARTICLE 3 CITY'S MANAGEMENT RIGHTS Section 1. Management Rights Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to layoff, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and/or services. Section 2. Emergency Conditions If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. ARTICLE 4 GRIEVANCE PROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations, except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and section of this Agreement or Civil Service Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the facts alleged to support the grievance, and shall be signed by the grievant. 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. A Grievant may be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired probationary employees shall not have access to the Grievance Procedure for, any matter of discipline (including discharge), assignments, scheduling, or access to training opportunities during the probationary period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step 2. 2 A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals. Grievances may be filed and processed by the Union except grievances of discipline that must be initiated by the disciplined employee. As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs to sign the grievance. For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00 p.m. and normal workdays shall be considered Monday through Friday, holidays excepted. STEP 1 The aggrieved employee shall present his/her grievance in writing to the Deputy Chief/Operations or the Assistant Fire Chief within 10 work days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The Deputy Chief/Operations or Assistant Fire Chief shall arrange for a meeting with the grievant within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The Deputy Chief/Operations or Assistant Fire Chief shall review the grievance and submit a decision in writing to the aggrieved employee within 10 work days from the date of the meeting. If the grievance is not resolved at Step 1, the grievance may appealed to Step 2. STEP 2 If the grievance is not settled at the first step, the aggrieved employee shall, within 10 work days of the date of written notification from the Fire Deputy Chief! Operations or Assistant Fire Chief, present the written grievance to the Fire Chief. The Fire Chief shall obtain the facts concerning the alleged grievance and shall, within 10 work days following receipt of the written grievance, meet with the aggrieved employee. The Fire Chief shall review the grievance and notify the aggrieved employee of his/her decision in writing not later than 10 work days following the meeting day. STEP 3 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within 10 work days of the date of written notification from the Fire Chief. At the request of the employee, the City Manager or his/her designee shall meet with the employee. The City may determine who shall meet with the employee. Within 10 work days of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 2 to the employee's satisfaction. 3 Section 3. In the event that the grievance is still unresolved, the matter may be submitted to final and binding arbitration as provided in this section. A. Within 10 work days of the decision of the City Manager, the aggrieved party shall notify the City Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of five names of qualified arbitrators. Within 10 work days after the receipt of such a list, representatives of the parties shall meet and each party shall strike two names. 'Tbe party filing the grievance shall strike the first name, 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 promprly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may seek review as provided by law. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that is was not timely filed, 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 30 calendar days from the close of the hearing. 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 The City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provisions of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within 10 work days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Section 5. All of the time limits contained in this Article may be extended by mutual written consent of the parties. Section 6. If an employee chooses to process his/her own grievance, the Union must be invited to attend any meeting where the resolution of the grievance may occur. FS 447.301(4) 4 ARTICLE 5 LABOR-MANAGEMENT COMMITTEE The City and Union agree to maintain a single cooperative Labor/Management committee for both IAFF Local 1158 bargaining units. The committee shall consist of an equal number of members of each party. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters that may be mutually resolved by the parties or may eventually become items of collective bargaining, grievances, or litigation. ARTICLE 6 PERFORMANCE AND DISCIPLINE The City and the Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness. The system may be modified from time to time to better meet the needs of the employees and the City. Any changes will be consistent with sound personnel practices. All discipline will be for just cause and consistent with due process. Employees have the right to Union representation any time they believe a meeting may lead to disciplinary action. The City-wide and Fire Department standards shall be in writing. The Union will provide input as the standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the Fire Department maintain the right to change the process. The City recognizes that members of the Fire Department are protected by the "Firefighter Bill of Rights" and any disciplinary action will conform to the guidelines of that law. ARTICLE 7 NO STRIKE Section 1. The Union agrees that during the term of this Agreement, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. The parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509. Section 2. Should the Union or employees covered by this Agreement within the City's Fire Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. 5 ARTICLE 8 STEWARDS Section 1. There shall be one Union Official or designee for all District Chiefs in addition to the Union Officials for Firefighters and Fire lieutenants. Section 2. An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire Chief/Assistant Fire Chief or his/her relief to do so, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. Section 3. All members of the bargaining unit may wear the LA.F.F. pin on their uniforms. ARTICLE 9 CHECKOFF Section 1. The City shall deduct and provide to the Union on a biweekly basis dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer. Prior to such deduction the Union shall provide the City with a signed statement from each employee authorizing such deduction in a form satisfactory to the City. Section 2. Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to the City and the Union. Section 3. The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents, and employees correctly complying with this Article. 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. Section 4. 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. Section 5. In the event an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will be the responsibility of the Union to collect its dues for that pay period from the employee. 6 ARTICLE 10 POSTING OF AGREEMENT The City and the Union agree that this Agreement shall be posted by the City in a conspicuous place at each Fire District Chief's Office. Further, the City agrees that it will print the required amount of copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute same to the Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply individual copies of this Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargaining unit member within 30 days of their becoming a bargaining unit member or allow the City to retain copies to provide at new employee orientation. The City and the Union shall each bear one-half of the cost of production of the copies of the Agreement, the number of which shall be mutually agreed upon prior to printing. The City and the Union shall agree on the format. ARTICLE 11 BULLETIN BOARDS The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire District Chief's Office for posting by the Union of notices of meetings or other official Union information; provided, the Assistant Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this Article, such posting shall be modified to the mutual agreement of the parties. The District Chief will continue to include the Union notices in the intra-departmental mail which he/she delivers to the stations. ARTICLE 12 NO DISCRIMINATION Section 1. The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, creed, sex, national origin, membership or non-membership in labor organization, or age, as provided by law. Section 2. Any claim of discrimination under Federal or State civil rights laws and the ADEA by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 4 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided. ARTICLE 13 HOLIDAYS Section 1. The following holidays shall be observed: New Year's Day Martin Luther King Day Memorial Day Independence Day Labor Day Veterans'Day Thanksgiving Day Day after Thanksgiving Christmas Day 7 Holiday pay for the above listed holidays will be paid at the employee's current base rate of pay for the number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will be compensated at the employee's current base rate of pay for the number of hours equaling 15% of the biweekly schedule: Christmas Day, Thanksgiving Day, and New Year's Day. Section 2. In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating holidays". Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for such day if he/ she does not work that day, but shall not receive additional compensation. Any day for which an employee is not scheduled to work may not be designated as a floating holiday nor a sick leave incentive day. Floating holidays shall be subject to the following requirements and conditions: 1. No employee may utilize floating holidays until 30 calendar days after his/her employment. 2. Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 31 shall receive 25% of floating holiday~ to be utilized during the year of hire. Persons employed after October 31 shall not be eligible for any floating holidays during the year of their hire. 3. Floating holidays may not be carried over from one calendar year to another calendar year and if not taken are forfeited except as provided in Section 4 below. After the year of hire, employees shall receive four" floating holidays" each calendar year. 4. Upon an employee's separation from the City, the employee may receive a lump sum payment for his/her remaining floating holiday balance per Section 5 of this Article, or the remaining floating holiday balance may be used to advance the employee's date of retirement. Section 3. Floating holidays and sick leave incentive days will be selected in reverse seniority after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 48 hours notice in writing of his/her request. This notice will be given to the Fire Deputy Chief/Operations or designee for approval based on vacation selection criteria. TIlls permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. 8 Section 4. If the employee chooses not to take one or more floating holidays, he/she may make a written request to the Fire Chief on or before December 15th to receive 24 hours of regular pay for 56-hour week, or 8.0 hours of regular pay for 40-hour week in lieu thereof payable in the subsequent payroll period. Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be approved for payment each year. Section 5. Each calendar year, members of the bargaining unit may elect to take one floating holiday as "Personal Leave Time." This personal leave day may be broken into blocks of 4 hours and will be taken in 4-hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee chooses not to use all blocks of Personal Leave Time, he/ she may make a written request to the Fire Chief on or before December 15th to receive pay for such remaining blocks, payable in the subsequent payroll period. ARTICLE 14 VACATIONS A. Accrual of Vacation Leave 1. Vacation leave shall be granted for all full time employees in accordance with the number of completed years of credited service. A full-time employee shall be deemed to have earned and be eligible for vacation on the first anniversary of his/her employment. Effective for employees hired after October 1, 1999, such vacation shall be prorated according to the following schedule: 56 Hour Schedule Employees January /February Hire Date March/April Hire Date May/June Hire Date July/August Hire Date September/ October Hire Date November/December Hire Date 6 Duty Days 5 Duty Days 4 Duty Days 3 Duty Days 2 Duty Days 1 Duty Day 9 Thereafter, employees shall accrue paid vacation as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 25 and higher 1 year anniversary of Hire Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January Following January FollowingJanuary up to year 25 Following January Thereafter Pro-rated Days 6 Duty Days 6 Duty Days 7 Duty Days 7 Duty Days 7 Duty Days 8 Duty Days 8 Duty Days 8 Duty Days 8 Duty Days 9 Duty Days 9 Duty Days 9 Duty Days 9 Duty Days 10 Duty Days 10 Duty Days 10 Duty Days 11 Duty Days 12 Duty Days Employees on the 40-hour schedule shall have vacation balances adjusted to convert vacation hours from the 56 Hour Schedule to a 40 Hour Schedule equivalent. The vacation year shall be the calendar year. 2. Vacation leave granted in January is earned during the previous calendar year. 3. As of December 31, 2000 all unused vacation balances are forfeited at the end of the calendar year, except as determined by the City Manager. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Fire Department Regulations. A maximum of one Fire District Chief shall be permitted to be absent from any shift for the purpose of personal leave including vacation and floating holidays, except as otherwise determined by the Fire Chief! designee. 2. The borrowing of vacation time prior to its accrual is prohibited. 3. There is no advancing of vacation pay. 4. New employees may not take vacation until they have completed one year of continuous semce. 10 5. If a holiday occurs during vacation leave, the employee will be paid holiday pay. 6. An employee who has more than 90 calendar days of unpaid leave shall receive no vacation leave for that calendar year. 7. Scheduling of Vacation a) Bargaining unit members will be contacted in the order of department seniority for the selection of vacation. Vacation days may be picked in either a 3- or 6-day block the first time through. After all personnel have been contacted for their first pick, the second round will begin. All personnel who have selected a 3-day block on the first round will be recontacted in the order of department seniority for their second selection on the second round. b) After all personnel have picked their primary six days of vacation and employees who will be awarded bonus days awarded for 25 years of service have chosen those days~ all personnel will be contacted by department seniority for the picking of additional vacation days. Finally, all personnel will be contacted by reverse seniority for the choosing of floating holidays, and sick leave incentive days. c) Should a person elect to pass on choosing any days, they shall be responsible for the scheduling of their days. If the employee waits too long and there are no available slots left, they will risk losing the days. Floating holidays may be submitted for pay. Additional vacation days will be lost or can be donated to the Department leave pool. However, no employee shall be permitted to donate more than three days of leave per year to the pool. d) All vacation days must be chosen except by permission of the Fire Chief. e) The linking of scheduled days shall not exceed 9 consecutive duty days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee shall be responsible for any training required to maintain certification that is missed during the scheduled time off. The Department will make every effort to schedule this training while the employee is on duty. If this cannot be done, then it is the employee's responsibility to complete the required training on their own time. f) The changing of incentive days for previously used floating holidays is not allowed. C. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence shall be paid all accrued vacation leave when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave as provided by law. 11 D. Conversion To Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee's immediate family becomes ill while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the rcquest is consistent with the articlc on Funeral Leave. 3. Requests for such changes must be made in writing within 72 hours of the employee's return to work. E. Payment of Unused Vacation Leave 1. Payment of unused vacation leave will be paid upon voluntary separation of the employee, provided the employee was not dismissed for cause and that the employee has more than one year of continuous service. F. Banking of Vacation 1. The practice of banking vacation for retirement shall be limited to 240 hours for all employees hired or promoted into the classification of Fire District Chief after January 10, 2000. Employees hired or promoted into the classification of Fire District Chief prior to January 10, 2000 shall be permitted to bank any unused vacation hours remaining as a balance at the end of Calendar Year 2000 if such hours exceed the 240 hour limit. G. Vacation Re-opener The City and the Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purposes of negotiating a change to the vacation provisions only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. . ARTICLE 15 WAGES AND COMPENSATION Section 1. Pay Schedule The pay schedule shall be in accordance with Appendix A. Section 2. Pay Progression The performance of Fire District Chiefs shall be evaluated annually. If an employee's evaluation as rated by management is satisfactory or higher, a 4% merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided below. An employee's base rate of pay may not exceed the established pay range maximum. The amount of any merit increase which would exceed the established pay range maximum shall be paid to the employee as a cash lump sum payment. 12 Section 3. Merit Review - Delay or Denial Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted a merit pay increase. Such employees shall be reevaluated after three months and if then rated satisfactory, shall be granted a merit pay increase as of that date. The effective date of the increase shall be utilized for the purpose of determining eligibility for subsequent annual performance reviews. If the initial three months follow-up rating is still less than Satisfactory, the employee shall be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a merit pay increase as of the end of that second three-month follow-up period. The effective date of this increase shall be utilized for the purpose of determining eligibility for subsequent annual performance reVlews. If the employee is rated less than Satisfactory on the second three-month follow-up rating, no merit pay increase shall be made; and the employee will be evaluated again one year from the date of the initial annual evaluation which was less than Satisfactory. Section 4. Rates of Pay A. Base rate of pay is defined as compensation at the rate prescribed for the job class in the City of Clearwater Pay Plan. B. Regular rate of pay is defined as base pay and any assignment pay if regularly assigned. C. Overtime is defined as one and one-half times an employee's regular rate of pay. D. School pay is defined as regular rate of pay. Section 5. Annual Personal Resource Allowance A. All members of the bargaining unit who are actually working shall be provided an annual allowance of $950 for calendar years 2005-2006 which shall be utilized to cover (1.) the costs of purchasing and laundering uniform coat, shirt, pants, jumpsuit, and bed linens, (2.) the replacement of personal items such as glasses, watches, hearing aids, etc., and (3.) time spent attending the annual physical. B. An employee who is on extended sick leave (60 days or more) or has been approved for regular disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal resource allowance. C. In the initial year of hire, the personal resource allowance shall be prorated at 25% from the date of hire by calendar quarters. 13 Section 6. Mileage Reimbursement A. For each move a Firefighter is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station, the City will provide reimbursement to the employee in accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide transportation. B. The mileage reimbursement rate shall be consistent with City policy. C. TIlls distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two Fire Stations. D. Written requests for mileage reimbursement must be made to the Fire Chief's office on or before September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. E. The Department will post a reminder notice at least 30 days prior to September 15. F. The money shall be paid by September 30 of each year. G. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his/her duty station at or before the end of the employee's tour of duty if the employee so requests. Section 7. Special Teams Effective with the approval of this agreement, any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive ten dollars per payroll period in addition to the current base rate of pay. Effective October 1,2005, any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically assigned to a Special Team on a scheduled shift shall receive twenty dollars per payroll period in addition to the current base rate of pay. Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her designee and Special Team Pay will be provided to a maximum number of employees as follows: Dive Team - 6 per shift plus one team leader Technical Rescue Team - 8 per shift plus one team leader Emergency Response (SW A 1) Team - 4 per shift plus one team leader 14 Employees may participate on more than one Special Team but shall be eligible to be compensated for one Special Team only. Additional employees may be permitted to participate in the training process only based on availability of funds. The department shall provide the initial issue of clothing and equipment particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue Special Team clothing shall be the following: Dive Team Coat/J acket 1 Jump Suit 1 Swim Trunks 1 Tee Shirt 1 Shorts 1 Technical Rescue Team Tech Shirt 3 Tech Pants 3 S.W.A.T. Team Shirt 2 Pants 2 An employee may be removed from a Special Team assignment if he/she is unable to participate for a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued at any time should the City no longer continue to provide the designated service. ARTICLE 16 CLOTHING AND EQUIPMENT Section 1. The City shall continue to provide the initial clothing and protective devices currently supplied or their equivalent, and initial safety equipment currently supplied without cost to the employee. The employee will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the pro-rated value of the lost or abused equipment, as determined by the Fire Chief. Section 2. The following equipment will be supplied initially to each employee: Item Coat Pants Class A Shirts T-Shirts Polo Shirts Jumpsuit Quantity 1 5 5 3 2 1 15 Badge Nametag Collar Insignia (set, if applicable) Blanket Pillow Bunker Coat Bunker Pants Helmet Firefighting Boots, (pair) Firefighting Gloves (pair) Nomex Hood Air Mask Suspenders City ID 3 cell Flashlight (mag light) 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 Section 3. The following items, if issued, will be returned to the Department before an employee leaves the employment of the Fire Department either by termination, retirement, resignation, etc., before the employee's last paycheck is released by the City. Should any such items not be returned, the City shall withhold from the last paycheck, an amount sufficient to reimburse the City its pro-rated replacement cost for that equipment: Badge City LD. Collar Insignia (set) Bunker Coat Bunker Pants Helmet Firefighting Boots (pair) Air Mask Suspenders 3 Cell Flashlight (mag light) 1 1 2 1 1 1 1 1 1 1 Any such equipment which becomes worn or unserviceable through no fault of the employee shall be replaced when returned to the Department. Section 4. Employees shall be provided an allowance for the replacement of coat, pants, shirts and jumpsuit which may become worn or unserviceable in the course of duty. The Department shall publish annually a listing of the company(s) and the specifications for the replacement of these items. Each employee shall be responsible for the replacement of these items as required. 16 ARTICLE 17 INSURANCE Section 1. Life Insurance The City shall provide Fire District Chiefs with Group Term life Insurance consistent with that provided to the general employee group. The City agrees to continue the "one percent" premium additional life insurance plan. The selection of an insurance company for additional coverage shall be free and without prejudice and of the employee's choice from the companies offered by the City, with the approval of the Insurance Committee. The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance. Section 2. Death Benefits The current practice of paying accrued rights and benefits to the designated beneficiary or next-of- kin upon the death of an employee shall continue. Section 3. Health Insurance The City agrees to meet with the LA.F.F. and other City of Clearwater union representatives to review the health insurance program for the purpose of reducing the cost of such program for the City and the employees. The City further agrees to provide the LA.F.F. with such information as would be required to formulate such a benefit package and to cooperate with the LA.F.F. and other unions to obtain pertinent information from the present carrier. The City agrees to continue the payment of 100% of medical insurance premiums for employee only coverage for the duration of this agreement. Any information received by either party from the consultant or from another carrier will be shared with the other party. ARTICLE 18 TRAINING AND TUITION REFUND Section 1. Members of the bargaining unit shall be entitled to partlclpate in a tuition reimbursement program provided that all classes are off-duty, except for promotional courses for the positions of Fire Deputy Chief to Fire Chief where department policy will be followed. However, the City and the Union may agree to pro rate such tuition reimbursement for classes which cross both on-duty and off-duty time. Section 2. The tuition refund for members of the bargaining unit shall be $1,000 per year for each year of the agreement. However, if classes taken by a bargaining unit member consist exclusively of those pertaining to an advanced degree program as part of a partnership between the City and USF, then $1,200 of tuition paid for such classes shall be reimbursable. 17 Section 3. Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any obligation to the City under FLSA. Section 4. Except for training requirements occasioned by extended vacations, when a bargaining unit member is directed by the Department to attend classes, the member will be compensated for the hours spent in accordance with the law. Section 5. The City shall provide and maintain reasonable training grounds and facilities. Section 6. The Department shall support the Fire District Chiefs in attending classes through the National Fire Academy. However, attendance at such classes shall be subject to the prior approval of the Fire Chief. ARTICLE 19 PERSONNEL PRACTICES Section 1. Pay Plan Administration A. Promotions Fire District Chiefs shall be provided a minimum of a 5% increase upon promotion plus a pro- ration of the annual merit increase earned based on time served since the last merit review. The pro- rated merit amount shall be as follows: 100% for 9 months or more, 75% for 6 to 9 months, and 50% for 3 to 6 months. "Grand fathered" E.M.T. pay if applicable shall be incorporated into the base pay prior to any promotional pay adjustment. The date of promotion shall be utilized for the purpose of determining eligibility for subsequent annual performance reviews. B. Demotions 1. An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal function by another governmental agency, for lack of work generally, for lack of funds, or for other causes beyond his/her control, shall receive a 5% decrease in payor shall be placed into the step or at the range maximum of the lower class which represents at least a 5% reduction in pay, whichever is greater. A demoted employee shall maintain his/her existing annual performance review date for the purpose of determining eligibility for subsequent annual performance reviews. A demotion shall be defined as any change of an employee from a position in one class to a position in a class of a lower level. For non-voluntary, non- disciplinary demotions, such employee shall be placed at the head of the reemployment list for the class from which he/ she was demoted. 2. An employee who is appointed from layoff from the reemployment list to a position in the department in which he/she previously served shall be paid at the rate of pay which is equivalent to that which he/she was receiving when he/she was separated and shall be eligible for the subsequent annual performance review when he/she shall have been re-employed a sufficient number of days to make up the number of days he/she lacked for eligibility at the time of separation. 18 An employee who is appointed from the reemployment list to his/her previous higher level classification after having taken a non-voluntary, non-disciplinary demotion shall be paid at the corresponding rate of pay in the higher level classification which is equivalent to that which he/ she was receiving at the time of demotion or which represents a 5% increase in pay, whichever is greater, and shall maintain his/her current review date for the purpose of determining eligibility for subsequent annual performance reviews. 3. An employee who is appointed from the reemployment list to a position in another department than that in which he/ she was previously employed may be paid at the same rate of pay as that which he/she was being paid when separated, or any rate within the range which is not above the rate at which he/she was previously paid. C. Acting Pay Acting pay shall be provided to any Fire District Chief who is assigned in an acting capacity to a position in a class of a higher level for a minimum of four hours. Acting Pay shall be 5% above the employee's current base rate of pay. An employee shall be deemed qualified to act in a higher level classification if he/she is on the existing or most recently expired eligibility list, or meets the minimum qualification requirements, or meets guidelines established by the Department and the Union for the higher level classification. D. Acting Pay Removal Acting pay shall cease to be paid to a bargaining unit member when: The employee is reassigned, transferred, demoted or promoted to any pOSItion not involving the performance of the acting function, or the acting position is removed by the Department or other appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay terminates at the time of the job function change or at the time of the formal assignment removal. E. Fair Labor Standards, Section 7 (k) Exemption 1. The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption, has established a 27 -day work cycle for employees in the bargaining unit. 2. All employees in the bargaining unit shall be paid overtime only for all regular hours actually worked in excess of 204 hours during the designated 27 -day work cycle. Section 2. Promotional Examinations A. Promotional examinations for the classification of Fire District Chief will be held at least 30 days prior to the expiration of a previously existing promotional list. 19 B. Each announcement of a promotional examination shall state: 1. The title of the class. 2. The nature of the work to be performed. 3. The names of the organization unit or units for which the examination is given and of the organization unit or units and the lower class or classes of positions within such organization unit or units, of which employees shall be deemed entitled to compete in such examination. 4. The minimum qualifications which may be required for admission to the examination. 5. The general scope of the tests to be used. C. Eligibility for promotional examinations may be restricted to persons employed in designated lower classes and/or in designated organizational units. Such persons shall be required to have completed their probationary period and have been certified to permanent status in the lower class and/ or to have had such other length of experience in the lower class or classes as may in the judgment of the Human Resources Director be deemed appropriate for the particular examination. D. Disqualification of Applicants The Human Resources Director, on behalf of the City, may reject the application of any person for admission to any examination or refuse to examine any applicant or to certify the name of an eligible for appointment if, in his/her opinion, it is found: 1. That the applicant fails to meet the established qualification requirements for the classification. 2. That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. 3. That the applicant has made an intentional false statement as to any material fact, has practiced or attempted to practice deception or fraud in his/her application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. 4. That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he/ she is applying. 5. That the applicant fails to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. 6. Any person who, by order of the Human Resources Director, is denied permission to compete in any promotional examination or whose eligibility is canceled under the provisions of this section may make a written appeal to the City Manager for a final decision. 20 E. Scope and Character of Examinations 1. Provisions applying to promotional examinations: a) All promotional examinations shall be competitive. b) All examinations shall be of such character as to fairly determine the qualifications, fitness and ability of applicants to perform the duties of the classification to which appointment is to be made. c) Examinations and tests may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the Human Resources Director, enter into the determination of the relative fitness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. d) No test or question in any examination shall be so framed as to call for or lead to disclosure of any information concerning any political or religious applications, preferences or opinions. Any disclosure thereof shall be disregarded. 2. A promotional examination may include any combination of the factors listed in subsection (1) above, and shall include credit for seniority hereinafter described. Seniority credit will be granted to the candidate prior to computation of the final test grade. One-half point credit will be added for each full year of department service, up to a maximum of five points. F. Rating of Examinations 1. The overall rating of each candidate shall be determined by the weighted average of earned credit ratings, according to weights established and published or announced by the Human Resources Director, or his/her designated representative, before the examination. The Human Resources Director shall establish the minimum eligibility requirements. Changes to minimum eligibility requirements shall be made only when properly authorized and published or announced before the examination. 2. Where it is stated in the announcement that an applicant, to become eligible, must attain a specified acceptable rating in any written or performance test, the remaining tests need not be given to any competitor who is found not to meet such requirement, and if given, need not be rated. 3. Examination results shall be converted to pass/fail prior to creation of any eligibility list and such lists shall contain no numerical scores or grades. 21 m_ ----, G. Notification of Results Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date of his/her notice of results, request permission to review his/her examination with the Human Resources Director or his/her designated representative, and will be given reasonable opportunity to do so, provided the test is not proprietary. If the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request, provided such request is made in writing within 15 days after the last section of the examination is administered and the summary is made available by the vendor. Any costs associated with the summary shall be paid one-half by the employee and one-half by the Fire Department. H. Appeals from Ratings 1. Any Fire District Chief who fails to attain status on an eligibility list may, within 15 calendar days from the date of notification of such, notify the Human Resources Director in writing that error, other than error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If upon review, errors other than errors of judgment are found, such errors shall be corrected. In the event such review discloses error, affecting other eligibles, the other candidates shall also be corrected. 2. An error correction may cause names to be added or subtracted from the eligibility list, however no change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 3. Open and Promotional Lists The names of all persons who may be lawfully promoted or appointed shall be placed in alphabetical order on an open or promotional list which will be posted in the Department. All employees deemed eligible through the examination process shall remain on the appropriate eligibility list for a period of two years from the date of placement on and establishing of such list by the Human Resources Department. Section 4. Appointments A. Selection from the open or promotional list shall be at the sole discretion of the Fire Chief. Selection criteria shall be developed and may include such factors as seniority, experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qualifications. B. The Department shall counsel with any eligible employee who not selected for promotion upon the written request of the employee. Such counseling shall include an explanation and written summary of the selection criteria whereby improvement may make the employee not selected better qualified. 22 Section 5. Probation A. A newly hired employee within the bargaining unit shall serve a probationary period of 12 months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is, for any reason, absent from duty or on light duty for an accumulated period equal to two weeks scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. B. A newly hired employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated. An employee shall not have access to the grievance procedure regarding the termination during probation. C. All bargaining unit members who commenced employment in the Fire Department on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco and Hernando Counties. This requirement shall continue during their tenure in any position within the fire service of the City of Clearwater. D. No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member hired in the Fire Department on or after December 15, 1985, as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. E. An employee promoted to Fire District Chief shall serve a probationary period of six months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the event the employee is absent from duty for any reason other than scheduled leave or on light duty for an accumulated period equal to one week of scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. F. A promoted employee who, during the probationary period, does not demonstrate suitability for the class, as determined by the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A promoted employee serving a probationary period within the bargaining unit shall not be entided to appeal his/her non-successful probationary period and his/her return to his/her former position. Section 6. Sick Leave A. Accrual Rate 1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Biweekly Hours Total Hours Accrual Rate Per Pay 112 80 134.42 96.00 5.170000 3.692307 2. The number of yearly pay periods sick leave is accrued is 26. 23 3. Current employees shall retain their existing sick leave balances and caps. Employees hired or promoted as Fire District Chiefs after the effective date of this Agreement shall have sick leave accruals capped at 2184 hours. B. Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up to a maximum as shown above. Actual work includes periods when the employee is using accumulated sick leave (but not sick leave pool), holidays, vacation with pay, and the no- loss-of-pay sick time. Employees shall not accrue sick leave during any other period of time when they are in a non-paid status or utilizing "retirement advancement". C. All accumulated unused sick leave shall be credited to any employee recalled from a layoff, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes Tenths of an Hour 1 - 6 7 -12 13 - 18 19 - 24 25 - 30 31 - 36 37 - 42 43 - 48 49 - 54 55 - 60 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 24 F. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: 1. Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. 2. Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. 3. Due to dental appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. 4. Due to illness of a member of his/her immediate family which requires his/her personal care and attention. The term "Immediate Family" as used in this paragraph shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife, or other relative who is a member of the immediate household. Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is defined above). 5. If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that personal sick leave is not used in excess of accumulated sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H. Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid one-half of his/her accumulated unused sick leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The employee may request that one-half the payment for unused sick leave be made at separation and one-half the payment be made in the first payroll period in the next calendar year. 25 The employee qualifies for payment if: 1. The employee has had at least 20 years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers' Compensation shall not be deducted from continuous service; or 2. The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs; or 3. The employee's estate shall receive payment if an employee dies. An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick leave payment. An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular pay from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (1) of this subsection. L An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. J. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six calendar months of continuous service following the date of original appointment. K. The employee may be required to submit evidence in the form of a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted when requested by the Department Director. 26 L. An on-duty employee injured in an accident, arising out of and in the course of his/her City employment, may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his/her accumulated unused sick leave, only that portion of his/her regular rate of pay which will, together with said income equal his/her regular rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. M. The use of sick leave for purposes other than those designated herein will be considered a major rule infraction. N. Sick Leave Incentive Program 1. In any full calendar year period that a bargaining unit employee uses no sick leave, the employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash equivalent based upon the employee's current base hourly rate of pay. 2. In any full calendar year that a bargaining unit employee uses between one-tenth of an hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee's current base hourly rate of pay. 3. Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave Incentive eligibility notification or shall have no sick days converted. O. Leave Pool A joint leave pool will be established by members of the International Association of Fire Fighters bargaining unit, such leave pool to be available for use by members subject to the following provisions: 1. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 30 calendar days. 2. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. 27 a) The committee shall consist of three members designated by the bargaining unit, one management employee designated by the Fire Chief, and one management designee of the City Manager. b) The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. c) The committee's decisions are final and are not grievable. 3. Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances to the leave pool one time per year in January. a) No employee shall be permitted to donate more than three days of leave per year to the pool. In the event that the leave pool becomes insufficient to provide leave days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. This shall be limited to one time per year; however, the 3-day donation limit shall not be modified. b) All donations of pool leave time must be in full-day increments based on the employee's full-time, regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day). c) Donations of pool leave time are irrevocable. d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 4. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). 5. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 7. Funeral Leave A. An employee shall be allowed up to three shifts off with pay in the event of a death in the immediate family which shall be limited to spouse, child, parent, brother, sister, stepmother, stepfather, stepchild, or mother-in-law or father-in-law. This is not chargeable to sick leave. 28 B. An employee shall be granted up to two shifts off with pay in the event of a death in the family, specifically defined as grandmother, grandfather, grandchildren, sister-in-law, or brother-in-law. This is chargeable to sick leave. The Fire Chief may grant funeral leave to employees for the death of other household members. C. Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the Fire Chief or his/her District Chief of such intent as soon as possible. Section 8. Absence Without Leave A. Any employee who is absent from duty for two consecutive work days for 56-hour employees and three consecutive work days for 40-hour employees without notice and valid reason therefore shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 9. Time Off From Duty A. An employee may be granted necessary time-off from his/her duties with compensation for any of the following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the operation of the Department. 1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the discretion of the Fire Chief except when the requested leave is for promotional exams which will get first priority. 2. Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his/her designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 3. The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state and international conventions, provided a minimum of one month's written notice is given to the Fire Chief. B. The Union may, upon request, be allowed up to 48 duty hours per fiscal year to be excused for Union business, conferences, and training pertaining to the City of Clearwater. Any such request must be initiated in writing through the chain of command, via the District Chief, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person will be off. Time off from duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not less than four-hour increments. Any unused portion of the balance is to be carried over into the next contract year. 29 Union officials utilizing union time shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for union business shall not be approved which requires a union official to be off duty for periods in excess of three consecutive scheduled work shifts. Extension of any consecutive time off for union officials, over and above the three consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off must be made on the designated form. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. Section 10. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to anyone employee is a total of 90 calendar days for the duration of this contract. Section 11 Leave Re-opener The City and the Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purposes of negotiating a change to the Leave provisions only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. ARTICLE 20 RETIREMENT ADVANCEMENT Section 1. The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee's date of retirement. Section 2. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. Section 3. During the period of "retirement advancement", the employee will not be eligible to receive or accrue any benefits except retirement credit, "grandfathered" EMT Pay and Educational Incentive Pay. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers' compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind. 30 ARTICLE 21 LIGHT DUTY Light duty shall be defined as those activities which an employee can perform which do not require any type of physical activity which may aggravate an existing injury. An employee must be released by the treating physician for light duty and must have approval from Risk Management and the Fire Chief. Employees on either a job-related or non-job-related injury, illness or other medical condition may be assigned to light duty. Employees placed on light duty shall be reassigned to a 40-hour per week schedule and shall perform duties as assigned by the Fire Department. Should an employee on light duty need to utilize sick time, floating holiday time or vacation time, such time shall be charged at the rates applied to 40-hour schedules. All other pays and benefits will continue as if the employee were on regular assignment except that an employee will receive a recognized holiday off with pay in lieu of holiday pay, and there will be a loss of assignment pay after 90 calendar days only for off-duty injuries. Employees injured on duty and released for light duty will continue to be paid assignment pay. All employees on light duty shall have all sick leave hours, floating holidays, and vacations converted to a 40-hour schedule. On return to regular duty, all sick hours, etc. will be returned to a shift schedule. All employees on light duty shall have their medical status reviewed in a minimum of 30 days and the concept of maximum medical improvement shall be considered. If needed, the City may require a second medical evaluation; and if so required, this shall be done at the City's expense. Light-duty assignments may be limited. ARTICLE 22 LINE-OF-DUTY INJURY PAY Section 1. The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Compensation shall be payable under this section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida Workers' Compensation Law. C. The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury . 31 D. No compensation under this section shall be allowed for the first seven calendar days of disability; provided, however, that if the injury results in disability of more than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is understood that this paragraph is so stated to be in compliance with current workers' compensation law. Changes in workers' compensation law will modify this paragraph accordingly.) E. The term disability as used in this section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. F. It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G. The maximum period for which payment may be made under this section shall be 90 calendar days from the date of injury for each injury, including recurrences thereof. If the employee's injury results in disability for more than 21 calendar days, no payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. H. Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above; however, the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. Section 2. It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation Laws or the requirements of the City's workers' compensation insurance carrier. Should any language of this Agreement conflict with provisions of the Workers' Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved Workers' Compensation treating physician if prior approval is obtained through the Risk Management Division. Section 3. If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. Section 4. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. TIlls right may be rescinded on an individual basis if repeatedly abused. 32 Section 5. Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within 24 hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Agreement 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. ARTICLE 23 WORK SCHEDULE Section 1. Hours and Days of Work Shifts shall start at 7:30 AM. each work day and end at 7:30 AM. the following morning. Total: 24 hours. District coverage shall consist of three shifts: "A", "B", and "C", which will work in the following rotation (see sample monthly work schedule below). Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 1 0 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. Section 2. Notwithstanding any provision to the contrary, the City retains the right to adjust work schedules only for the purpose of complying with the Fair Labor Standards Act without providing additional compensation for regularly scheduled hours. Prior to making any such change, the City shall provide the Union not less than 20 days' notice and, if requested, bargain with the Union concerning the change; provided, further however that should a mutually agreeable schedule not be reached within 30 days of the Union's being notified of the City's intent to change the schedule, the City's revised schedule may be implemented while bargaining continues and the matter of schedule change shall not be grievable under this Contract. By mutual consent of both parties, a Fire District Chief may accept assignment from the Fire Chief to a 40- hour schedule in order to attend to administrative projects 01' other departmental matters. Such Fire District Chief shall receive Holiday pay when applicable in accordance with this agreement converted to a 40-hour schedule (i.e., 8 hours Holiday pay for a regular holiday and 12 hours Holiday pay for a premium holiday). The Union shall be notified in writing prior to the assignment of any Fire District Chief to a 40- hour schedule. Section 3. Overtime Scheduling Department policy may require the scheduling of overtime. The department shall attempt to equalize overtime to the extent practicable. The selection of certified and/or trained individuals may be required and shall be allowed. The current practices regarding overtime compensation shall be paid as defined in this Agreement. 33 When a Fire District Chief is absent from duty on a shift and the department is staffed above the minimum manning level, a qualified employee may be appointed to act in the vacant positions. If the absence of a Fire District Chief causes the department staffing to drop below the minimum manning level, a Fire District Chief shall be called in for overtime from a list which shall be maintained in ascending order of overtime credits earned. A. Overtime Lists 1. Relief and Backup lists shall be maintained for the assigning of overtime. The overtime lists shall be maintained as an electronic document to be accessible through the department's computer share directory. 2. The lists shall be updated daily by an assigned Fire District Chief. 3. The lists shall consist of those employees who elect to work overtime. At the start of each shift, employees will notify the Fire District Chief if they desire to be eligible for overtime on subsequent shifts. 4. Names shall be arranged on the overtime list by classification in ascending order of overtime credits earned. B. Overtime Credits 1. Employees shall be assigned credits hour for hour based on overtime hours worked. 2. Employees who refuse an overtime assignment between 7:30 and 8:00 a.m. after agreeing to be available for a shift shall be assigned credits equaling the number of hours for the shift refused. No credits shall be added for a refusal of overtime after 8:00 a.m. 3. No credits shall be added for refusal of shifts less than 12 hours, nor shall credits be added for working a shift of less than 8 hours. 4. Inability to contact an employee who has agreed to be available shall not be cause for adding credits. 5. Credits shall be deducted when an overtime shift for which an employee is scheduled is canceled. 6. New employees shall be placed on the list after six months of service with the number of credits equal to the maximum accumulated by any current employee in the same classification on the list. 7. Overtime credits shall carry over from year to year and shall not be zeroed out. C. Overtime Selection Procedures 1. The Fire District Chief shall be responsible at the beginning of each shift for the scheduling of overtime by contacting the appropriate employee position for position by classification who has the lowest number of credits on the list. 2. The Fire District Chief shall attempt to fill the overtime position first by utilizing the "Relief" list and then by the "Backup" list. 3. Should no employee in the necessary classification be available from either the relief or backup list to fill an overtime position, the Fire District Chief shall attempt to fill the position by utilizing in an acting capacity an employee on the same shift who is also on the current eligibility list for the position. If successful, the Fire District Chief shall then fill the newly created open position by beginning the process anew. 34 4. If unsuccessful, the Fire District Chief shall then attempt to fill the position from the relief list and then the backup list by utilizing in an acting capacity an employee with the least overtime credits who is also on the existing eligibility list or the most recently expired eligibility list for the necessary classification. 5. If still unsuccessful, the Fire District Chief may utilize an employee who meets the minimum eligibility requirements for the necessary classification, first from the same shift and then from the relief and backup lists. 6. Failing all of the above, the Fire District Chief may use his/her discretion to fill the position with an employee who is otherwise determined in accordance with this agreement to be qualified to act in the open classification or may elect to take a unit out of service. Section 4. conditions: Employees within the Department may exchange on-duty time upon the following A. That the person filling in be acceptable to the Fire Deputy Chief/ Operations or Assistant Fire Chief prior to the change. B. That the persons desiring the exchange notify the Fire Deputy Chief/Operations or Assistant Fire Chief of the anticipated change not less than 48 hours prior to the start of the anticipated change unless such exchange arises under emergency situations. C. That no person may be allowed to exchange more than 120 hours per fiscal year unless the Fire Deputy Chief/Operations or Assistant Fire Chief in his/her discretion allows persons to exceed such limitation. D. That the member working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this period. E. If the person agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her appropriate leave account or pay will be charged. F. The person agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H. Time exchange is subject to a one hour minimum and at one hour increments. Any premium of acting pay shall be in accordance with Departmental policy. 35 Section 5. Overtime / Court Time A. When an employee is called in at least 30 minutes prior to the start of his/her regularly scheduled shift, he/she will be paid a minimum of four hours at the overtime rate of pay. The City may require the employee to remain on duty for the duration of the four hour period or for as long as he/ she is needed, at the option of the City. B. When an employee is held over past the end of his/her regularly scheduled shift, the time held over shall be paid at the overtime rate. C. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his/her employment, shall receive a minimum of two hours pay if such attendance is during the employee's off-duty hours. TIlls time will be counted as hours worked toward the calculation of overtime. TIlls same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. Section 6. Daylight Savings Time All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus one additional hour in the affected pay period. The additional hour actually worked shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. All bargaining unit members on the regularly scheduled shift in the Spring that as a result of Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate of pay in the affected pay period. The additional hour not actually worked shall count as hours actually worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle. Vacation, Floating Holiday, and Sick Leave days used on the affected day shall count as 24 hours in either of the above instances. Exchanges of on-duty time (swaps) on the affected day shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled employee shall be entitled to credit for the additional hour in the Fall. Section 7 Overtime re-opener The City and Union agree that based upon a mutual agreement of the parties, this Article may be re-opened for the purpose of negotiating a change to the overtime provision only. If the Article is re- opened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. 36 ARTICLE 24 WORK RULES AND PREVAILING RIGHTS Section 1. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. Section 3. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be referred to the next Labor/Management Committee meeting, which shall be scheduled within 10 work days to meet and discuss such change. The rule will be implemented after the initial 10-day notice unless the time is extended by the Chief. The issue of whether such change conflicts with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. Section 4. All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under sections 1,2 and 3 of this Article or as expressly provided elsewhere in this contract. Section 5. Subcontracting During the term of this Agreement, the City shall not subcontract out to private concerns any fire suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or rescue services shall not be deemed subcontracting. Section 6. Indemnification The City agrees to defend any employee when the employee is sued on any claim arising out of his/her employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in his/her defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his/her City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. Section 7. Sports Participation in sporting activities while on duty shall be permitted 111 accordance with Fire Department S.O.G. 37 Section 8. Lawn Maintenance Employees covered by the contract shall not be required to perform lawn maintenance at the fire stations. ARTICLE 25 SENIORITY AND LAYOFFS Section 1. Seniority A. Definition Seniority is hereby defined as the length of continuous service in City employment except as applied to vacation preference, promotions, layoffs, and assignments. B. How Measured 1. In the event an employee transfers from the Fire Department to another position within the City and, at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. 2. Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. In regards to pay and pensions, the applicable civil service rules or City pension ordinance shall apply. 3. In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. 4. The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City) of all employees. 5. The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each year. 6. Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: 1. Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. 2. Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the reemployment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. 38 3. Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. 4. Suspensions of less than three months in accordance with this Agreement. The length of any such suspension of more than three months shall be deducted from the length of continuous service in computing seniority. 5. Dismissals subsequently withdrawn or modified by the Appointing Authority arbitration award, grievance decision or the Civil Service Board in accordance with this Agreement. 6. Resignations subsequently withdrawn, in accordance with this Agreement, within six months after acceptance, followed by reinstatement or appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D. Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement and/or current Civil Service Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of layoff, the order of names on a reemployment list and in promotions in accordance with the rules governing those procedures. E. Transfer -- In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 2. Layoffs In the event of layoffs, all emergency, temporary, provisional, and probationary status Fire District Chiefs shall be laid off before any regular status Fire District Chiefs. If reduction in force requires the layoff of a regular status Fire District Chief, the Fire District Chief with the least time served in classification shall be first subject to layoff and may, at his/her option, revert to the position held prior to promotion to Fire District Chief, or to another position in the Fire service of lower classification for which he/ she is qualified. If this movement requires further reduction in force the applicable bargaining agreement for the affected employees shall govern. Section 3. No new employee shall be hired or promoted to the classification of Fire District Chief until all Fire District Chiefs on layoff or demoted from that rank in lieu of layoff have been given an opportunity to return to work at their former Fire District Chief seniority date and position; 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. Section 4. The Fire Chief shall give written notice to the Human Resources Director and to the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff. 39 ARTICLE 26 PHYSICAL EXAMINATION Section 1. Employees covered by this labor agreement shall be required to undergo a physical examination during their month of hire each year after the year of hire. Section 2. The employer shall determine the extent of the examination and bear the cost of each examination. Additionally, employees shall be provided an allowance for attending the physical during off-duty hours. The results of these physicals shall be made available to the City and to each employee upon completion of the physical. The Department shall post the name and phone number of the facility where the physical shall be administered. Physicals shall include but not necessarily be limited to the following: 1. 12 Lead EKG - (Stress, where indicated and at discretion of examining physician). 2. SMA Profile 12 (liver, blood sugar, etc.) 3. Chest X-Ray 4. Complete Blood Count 5. Urinalysis 6. Rectal Cancer Exam 7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8. Breast/Cervical Cancer Exam (Females) 9. Audiometric Evaluation 10. Spirometry (pulmonary Function) Section 3. The City agrees to pay all expenses for inoculation or immunization shots for employees and members of an employee's family residing in his/her household when such becomes necessary as a result of said employee's exposure to contagious disease where said employee had been exposed to said disease in the line of duty; provided that the employee first makes all reasonable efforts to have this service performed at no cost by the County Health Department. The City further agrees to reimburse the co-pay cost for any preventive inoculation or immunization shots an employee may receive from his/her City primary care physician. Section 4. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. Section 5. The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the Union to act as a Department Physician whose duties shall be to advise the employees and the department in matters concerning the health of the employees. Section 6. The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and the Article shall remain status quo in whole and part. 40 ARTICLE 27 SUBSTANCE USE AND TESTING Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and their 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. Fire District Chiefs will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will allow Fire District Chiefs to attend such training class on City time as operational demands permit Section 3. No bargaining unit employee will be tested for drugs or alcohol unless there exists a reasonable suspicion that the bargaining unit employee to be tested is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the purposes of this policy and section, be defined as follows: A. Aberrant or unusual on-duty behavior of an individual employee that is observed on duty by the employee's immediate supervisor or higher ranking employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: - observed alcohol and/or drug use during working hours - unexplained work-related accidents or injuries - presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions slurred speech incoherent or irrational mental state drowsiness smell of alcohol or marijuana extreme weight loss red eyes running nose or sniffling frequent or extreme mood changes lack of physical coordination - deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - unexplained absence from assigned work area - frequent or extended visits to the restroom - other marked, unexplained changes in personal behavior 41 B. Random or mass testing is prohibited, except where required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union President, along with regulations for such implementation as required, at least 20 calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or all of this information. One copy of this document shall be given to the bargaining unit employee before he/ she is required to be tested. After being given a copy of the document, the affected bargaining unit employee shall be allowed enough time to be able to read and understand the entire document. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered and no discipline shall be levied against the bargaining unit employee. Section 4. When a Fire Deputy Chief or other supervisory personnel has reasonable suspicion to believe that a bargaining unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter medications), and/or non- prescribed narcotic drug while on duty, the Fire Deputy Chief or other supervisory personnel will notify the Fire Chief or designee for the purpose of observation and confirmation of the employee's condition. If the Fire Chief or designee after observing the employee also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then by a written order signed by both the Fire Deputy Chief or other supervisory personnel and the Fire Chief or designee, the employee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. A. Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his/her regular pay and benefits pending test results. B. Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. Section 5. Blood and Alcohol Test Procedure The City's Anti-Drug Policy and Alcohol Policy delineate test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government agencies deem permissible. Union representatives will be furnished with copies of the policies upon revision. The following procedure shall apply to blood and urine tests administered to bargaining unit employees. 42 A. The employer may request urine or breath samples except when the employee has been involved in an accident covered by the City's workers' compensation resulting in injury to him/herself, in which case a blood sample may be required. The employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine or breath test. Urine and blood specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling and sealing of the specimen. All specimen containers, vials, and bags used to transport them shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested). The chain of custody recommended by the Florida Health and Rehabilitative Services Department will be met or exceeded. B. All testing shall be done by a laboratory certified by the State of Florida as a medical and urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA certified. C. Federal guidelines shall be used to determine what levels of detected substances shall be considered as positive. D. Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. E. When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected), a second test, the Gas Chromatography/Mass Spectrometry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. When a urine or blood specimen for testing is obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. F. If the results of the tests administered by the employer on the two samples show that the employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the following procedures has been followed: The employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union and the employee shall then have 24 hours to present to the employer any different results from the test of the sample conducted by a laboratory selected by the Union. After considering the results of the third test performed for the Union (if presented), the employer may discipline the employee. 43 A test result indicating the employee is under the influence of alcohol, or indicating the use of illegal drugs or controlled substances (when taken without a prescription issued to the employee or without being under the care of a physician or being taken other than in complete conformance to the prescription), while on duty will result in the employee being required to attend and complete an appropriate detoxification, alcohol or drug abuse program. The employee shall be allowed to use sick leave in accordance with provisions of this agreement for absence from duties to attend any such appropriate program. Should the employee not have sufficient accumulated sick leave to use for this purpose, the employee shall be granted a leave of absence without pay to attend said program. After completion of any detoxification program, the employee shall be subject to three random blood tests anytime during a twelve-month period after completion of detoxification. A positive test on any of these three tests will subject the employee to discharge. Section 6. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance standards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. Results to urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. Section 7. Over-the-Counter and Prescription Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform his/her job must immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform his/her job without impairment caused by the medication, the employee will be placed on sick leave or annual leave until the condition for which such medication is being taken is no longer present, or use of the medication causing impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments. If an employee is placed on sick leave under this paragraph, such leave shall not be considered in placing the employee on a doctor's certificate requirement until after two such incidents in a 12-month period. 44 ._--1 ARTICLE 28 AMENDMENTS TIlls Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required by each party hereto. ARTICLE 29 SEVERABILITY AND WAIVER Section 1. 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. Section 2. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in some other way in the future. Section 3. In the event of invalidation of any article or section, both the City and the Union agree to meet within 30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for such articles or sections. ARTICLE 30 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 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 waive 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 otherwise specifically provided herein. However, the parties agree that the City Employees Pension Plan may be separately negotiated at any time upon mutual agreement of both parties. 45 ARTICLE 31 DURATION, MODIFICATION AND TERMINATION TIlls Agreement shall be effective as of October 1,2005, and shall continue in full force and effect until March 3, 2006. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of ,2006. ATTEST: CITY OF CLEARWATER, FLORIDA 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 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 WITNESSES: John Lee, President, Local 1158 46 APPENDIX: WAGES 1. Pay Range Table Effective from October 1,2005 through March 3, 2006 MINIMUM MAXIMUM BIWEEKLY $2,038.46 $2,500.00 ANNUAL $53,000 $65,000 2. Wage Increases All bargaining unit members will be eligible for a 4% merit pay increase each year effective on their annual performance review date provided they receive a rating of satisfactory or better. Any portion of the increase that exceeds the established pay range maximum shall be provided as a lump sum payment. 1 Proposal # City TA Date Union TA Date CDC-2005/2006(a) d~ ttR- 1 fe:l{.3 CITY OF CLEARWATER FY 2005/2006 PROPOSAL IAFF Fire District Chief Bargaining Unit The City hereby submits the following proposal to resolve contract negotiations with IAFF Local 1158 Fire District Chief bargaining unit for the period from October 1, 2005 through March 3, 2006. All Articles and Sections of the collective bargaining agreement between the City and IAFF Local 1158 Fire District Chiefs shall be continued and maintained as the status quo for the time period beginning October 1,2005 and ending on March 3, 2006, except that any applicable date references shall be adjusted accordingly. Upon approval of this Agreement by the City Council, the following former bargaining unit members shall receive the respective indicated dollar amount as a one-time, lump sum bonus payment, minus applicable withholding, to finally resolve wages for all members of the bargaining unit: James T. Peppe - $5,177.73 Don C. March - $1,011.52 Robert S. Tellone - $3,407.63 The City and Union agree that any and all provisions regarding the determination of the above payments are unique to this set of negotiations only, and shall not be applied in a same or similar manner to any other past, present, or future bargaining unit member, nor be considered in any way to establish a precedent that may be applied to any other set of negotiations with any other bargaining unit represented by IAFF Local 1158 or other Union representing employees of the City of Clearwater. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of ,2006. ATTEST: CITY OF CLEARWATER, FLORIDA 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 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 3/15/06 Page 1 Proposal # CitvTA Date Union TA Date CDC-2005/2006( a) WITNESSES: John Lee, President, Local 1158 David Hogan, Secretary/Treasurer, Local 1158 3/15/06 Page 2 Pf(\ 11'4- City Council .,,_~x~~J;over '1..!..!!!,~,~!!!,~,!:!,~ Tracking Number: 2,009 Actual Date: 05/04/2006 Subject / Recommendation: Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from June 11, 2006 through June 10, 2007 for the City to utilize Pinellas County School buses at a cost of $1.00 per mile plus $18.20 per hour, for a total estimated cost of $45,000 and the appropriate officials be authorized to execute same. (consent) Summary: The Recreation Programming Division of the Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System allows municipalities to utilize their fleet of buses and drivers for $1.00 per mile plus $18.20 per hour for driver with a four-hour booking minimum. During the summer of 2006, the Recreation Division will organize approximately 150 field trips that could utilize school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less costly mode of transportation, in most cases. Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of transportation for participants. The attached Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County municipalities that utilize school bus transportation. The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs associated with this Agreement. A copy of the Agreement is available for review in Official Records and Legislative Services Department. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: IyQ..e..;. Capital Expenditure Bid Required? No City Council Agenda__~over.J~..~.~~~~!lu m Bid Exceptions: Other Other Contract? More cost effective than private bus lines. In Current Year Budoet? Yes Budget Adjustment: No Current Year Cost: $45,000.00 Annual Operating Cost: $45,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $45,000.00 Not to Exceed: $45,000.00 Appropriation Code(s) 1805 Amount $45,000.00 Comments Being coded as a blanket P.O. to 1805 - actual costs will come from a variety of operational codes in Recreation Division. Review Approval Kevin Dunbar Laura Lipowski 04-03-2006 12:53:38 04-24-2006 08:32: 13 04-03-2006 15:07:05 04-20-2006 07:47:05 04-10- 2006 11 :29:52 04-21-2006 16:27:27 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne ~~ ffZl VEHICLE USE AGREEMENT THIS AGREEMENT, entered into this day of , 2006 by and between THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "School Board," and the City Of Clearwater, a (municipal corporation), hereinafter referred to as "User". The parties agree as follows: I. The School Board will provide shuttle bus transportation for the month(s) of June 2006- May 2007, for the purpose of transporting participants in User's sponsored programs. 2. Transportation is for the sole purpose of transporting participants in User's sponsored programs to and from various program locations in Pinellas and adjacent counties. 3. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The School Board shall be the final authority as to the availability of buses. 4. (a) User shall pay to the School Board, for the use of said school bus service, a sum, per bus of$18.20 per hour to include 15 minutes before and 15 minutes after trip charge; plus 1.00 per mile for weekday trips that begin before 4 p.m., with a minimum charge of four hours. (b) If requests extend to service that begins after 4 p.m., the expense will include a minimum charge of four hours, and a sum per bus of $18.20 per hour to include 30 minutes before and 30 minutes after trip charge; plus 1.00 per mile for the trips that begin after 4 p.m. weekdays, weekends, and any non-school day. (c) "Weekend" is defined as a Saturday and Sunday, except during the time that the School Board is on its summer calendar schedule, Friday will be considered part of the "weekend." "Non-school" day is defined as a weekday wherein students are not scheduled to attend classes. 5. User shall provide to School Board a letter certifying that it is self-insured. 6. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written. THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA City of Clearwater, Florida By: By: Chairman Attest: Superintendent Approved as to form: School Board Attorney's Office Bus Use Agreement - Agency SIGNATURE PAGE TO VEmCLE USE AGREEMENT Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Home II City Manager Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Bus Use Agreement - Agency ftZ2 I \'~ City Council _....__~.9,~I.da.,,!=ov~.~..,.J1emora nd l!..!!I_""..._.,,,.,,.__,@_ Tracking Number: 1,965 Actual Date: 05/04/2006 Subject / Recommendation: Approve a Partnership and Operational Support Agreement from May 4, 2006 through May 3, 2011, between the City of Clearwater and City Players, Inc., to provide a summer musical production at Ruth Eckerd Hall and provide first year funding of $26,000. (consent) Summary: Over 35 years ago the City of Clearwater Parks and Recreation Department began offering programs in both the performing and visual arts. Two of the most noteworthy programs developed during this time was the Community Chorus and the City Players. With the adoption of the City of Clearwater Cultural Plan a new office of Cultural Affairs was established to assist in the growth and development of cultural affairs in the City of Clearwater. Part of this effort included the desire to become more of a facilitator than sole presenter of the arts. On November 3, 2005 the City Council approved an agreement with PACT, Inc. to provide for the management and operation of the Clearwater Chorus by the Marcia P. Hoffman Institute. This agreement would allow for a similar partnership to continue a community-based summer musical performance at Ruth Eckerd Hall under the leadership of a community theater group. City Players, Inc. was selected to do the summer musical based on the long history the City has with the group and the fact that they were successful with limited support from the City in producing the summer musical in 2005. City Players, Inc.'s obligation under this agreement will be to produce a family oriented summer community theater musical production at Ruth Eckerd Hall. The City will provide access to Ruth Eckerd Hall through its agreement with PACT, Inc. and will provide first year funding of $26,000, which is the net proceeds from the 2005 production. Following the 2006 production, City Players will receive the net proceeds from Ruth Eckerd Hall for the summer musical to produce the following years production. The Office of Cultural Affairs will be responsible for administering this agreement and be the point of contact between the City Players and PACT. A copy of the agreement is available for review in the Official Records and Legislative Services Department. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearinq: No City Council _''''M~_,<.~!tl!~a ~.over M.~<~orandum<"M_"_'''''''' Financial Information: Type: Other Bid Required? No Bid Exceptions: Other Other Contract? Net proceeds from 2005 production In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $26,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $26,000.00 Not to Exceed: $26,000.00 Appropriation Code(s) 0-010-01852-582000-573-00 Amount $26,000.00 Comments Net proceeds from 2005 production Review Approval Art Kader Laura Lipowski 04-13-2006 08:32:07 04-24-2006 08:34: 17 04-13-2006 08:38:34 04-20-2006 07:52:11 04-13-2006 11:56:20 04-21-2006 16:25:03 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne Ke-: f f(z AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the "City", and City Players, Inc., whose address is: 201 Leeward Island, Clearwater, FL 33767, hereafter referred to as "City Players". WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, cultural and social skills and good habits in young people, adults and families; and WHEREAS, the City desires to provide access to Ruth Eckerd Hall for a community theater musical; and WHEREAS, the City has recognized the need for community cultural programs as outlined in the Clearwater Cultural Plan and supported by the Parks and Recreation Master Plan; and WHEREAS, City Players is an organized cultural group and program approved by the Parks and Recreation Director, which provides its own volunteer leadership and administration; and WHEREAS, the City recognizes City Players as providing a valuable service to the community, through their extensive use of volunteers and volunteer resources; and WHEREAS, City Players desires to use various City-owned facilities and resources for cultural related activities for the citizens of Clearwater; and WHEREAS, the City owns certain public properties and facilities that are available to be utilized by City Players for their programs; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term ofthis Agreement shall be for a period of 5 years, commencing on the 4th day of May 2006 ("Effective Date") and continuing through the 3rd day of May 2011 ("Termination Date") unless earlier terminated under the terms of this Agreement. ARTICLE II. RESPONSIBILITIES OF CITY PLAYERS 1. Services to be Provided: City Players shall produce an annual summer community theater musical production at Ruth Eckerd Hall. Page 10f8 2. City Players agrees to provide leadership for the summer production. City Players shall provide for the representation of a City resident on its Board of Trustees by having at least one Board member who is a City of Clearwater resident. 3. City Players agrees to select shows that are family oriented, in good taste and represent the morals of the community. The show selection must be approved by the Cultural Affairs Division of the City of Clearwater. 4. City Players agrees to submit the following information as indicated: a) A written request for the scheduling of any City owned or operated facility to be used for rehearsals, meetings, performances, workshops or other events relating to the annual summer musical- Initial Date due: May 1, 2006 and annually thereafter; b) An annual report related to the annual summer musical(s) which is/are the subject of this Agreement with a corresponding financial statement - Due date: Within the later ofthree weeks after the summer musical performances end OR within one week after the reconciliation with Ruth Eckerd Hall is complete. c) Copy of By-Laws and Articles of Incorporation - Date due: Within two weeks after City Players has signed this Agreement. City Players represents that it is a validly existing corporation at the inception of this Agreement. d) A copy of an insurance certificate naming the City of Clearwater as additionally insured - Date due: May 1, 2006, and annually thereafter. e) Selection of the proposed summer musical- Date due: By March 1 of each year in which this Agreement is in effect. 1) A copy of the summer musical budget: Date due: May 1, 2006 and annually thereafter. 5. City Players will maintain a positive relationship with the City when occupying or using City facilities for the summer musical by: a) Obtaining prior approval for any activities that are not on the regular practice or use schedule. b) Obtaining prior approval for any equipment or facility alterations. c) Informing Cultural Affairs staff of equipment or facility problems or schedule changes. d) Enforcing and abiding by all City laws, rules, policies and procedures. e) Providing Cultural Affairs staffwith current fundraising and promotional materials for the summer musicals. 6. Maintenance of the City facilities when used by the City Players. a) Custodial Maintenance: City Players shall maintain the facilities and adjacent areas used by City Players in a clean and orderly condition. b) Repair of Damage: City Players understands and agrees that it is responsible for and will cause to be repaired at City Players' expense, and to the City's satisfaction, accidental damage to the premises as a result of their occupancy other than normal wear and tear. Page 2 of8 7. Payment of all operating expenses: Except as otherwise provided in the Agreement, City Players is responsible to pay all operating expenses associated with the production of the summer musical(s). Both parties understand that expenses related to the use of Ruth Eckerd Hall (with the exception of rental fees for which there is no charge) will be deducted from ticket sales for the annual summer musicals( s) for the year in which the expenses are incurred pursuant to an agreement dated March 7, 2001 between the City and Ruth Eckerd Hall. City Players shall have full discretion in determining ticket prices. City will be provided with up to 20 complimentary tickets to use as it chooses. 8. Payment of Fees and Taxes: City Players shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the City Players' operation if any apply. 9. Creation, Use and Maintenance of Financial Records: a) Creation of Records: City Players shall create and maintain financial and accounting records, books, documents, policies, practices, and procedures to reflect fully the financial activities of City Players related to the summer musical(s), which are the subject of this Agreement. Such records shall be available at all times for inspection or review by authorized City representatives and shall be otherwise disclosed in accordance with Charter 119 of the Florida Statutes and other applicable law. b) Use of Records: City Players shall produce any records identified in section 9 a) of this Agreement to authorized City representatives that may be required by the City to document the proper and prudent stewardship and use of any City facilities. c) Maintenance of Records: All records created pursuant to section 9 a) ofthis Agreement are to be retained and maintained by City Players for a period not less than three (3) years from the date of the summer production to which they relate. 10. Publicizing of City Support: City Players agree to utilize every reasonable opportunity to publicize the support received from the City. City Players further agree to supply the City up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City and will include the City logo. 11. Liability and Indemnification: City Players shall act as an independent contractor and agrees to assume all risks of producing the summer musical(s) at Ruth Eckerd Hall. City Players shall assume all liability, and defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including without limiting the generality of the foregoing, death of any person and loss of the use of any property, up to the insurance policy limits as are indicated in section 12 of the Agreement. Notwithstanding the foregoing, City Players shall not defend, indemnify or hold harmless from the negligence or willful misconduct of the City or City's agents or employees. City Players indemnification of the City includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the City Players' activities or those of any approved Page 3 of8 invitee, contractor, subcontractor, or other person approved, authorized, or permitted by City Players in or about its premises whether or not based on negligence. Further, City Players hereby acknowledges that all persons acting in furtherance of the activities provided for under this Agreement are not in any way acting in a capacity as a volunteer or representative for the City of Clearwater or Ruth Eckerd Hall. City Players will require all individuals working with City Players on the summer musical(s) to sign a release agreement substantially in the form attached here as Attachment "A". Minors must provide a Release Agreement executed by their parent or legal guardian. 12. Insurance: City Players shall procure at its expense and maintain during the term ofthis Agreement insurance as shown below: a) A Comprehensive General Liability Policy covering claims for injuries to persons or damage to property which arise from or in connection with use of the City facilities including the Ruth Eckerd Hall premises by City Players including all activities occurring thereon. b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to property that arises from or in connection with use of a motor vehicle owned by City Players. c) Insurance procured in accordance with Sections 12 (a) and (b) shall have minimum aggregate coverage limits of$l,OOO,OOO. d) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. The City's "Facility Use Agreement" dated March 7, 2001 - Section 5 requires "any group or individual using the Facility, or part thereof, agrees to hold the City and PACT harmless for any claims resulting from their use of the Facility, and shall provide each insurance as the City or PACT might reasonably require". e) City Players shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section by May 1, 2006. ARTICLE III. RESPONSIBILITY OF THE CITY 1. Grant of Funds: a) The City will pay to City Players a lump sum of $26,000 within ten days of the execution of this Agreement to be used by City Players for the summer 2006 musical. These funds represents the net proceeds from the 2005 summer musical. Page 4 of8 b) Commencing with the 2006 summer musical all "net proceeds" from ticket sales from Ruth Eckerd Hall for the summer musical shall be paid to City Players by the City. These net proceeds shall be used to produce the following year's production with the exception that $5,000 can be used for the existing year's production expenses incurred outside of the Ruth Eckerd Hall charges. The "net proceeds" shall be paid to City Players within the later ofthree weeks after the respective summer musical performances end OR within 21 days after the reconciliation with Ruth Eckerd Hall is complete. "Net proceeds" shall mean the sum of money remaining from ticket sale revenue after the reasonable Ruth Eckerd Hall charges incurred during the production have been deducted. An estimate of Ruth Eckerd Hall charges is provided by Ruth Eckerd Hall in a lease agreement executed for each production. This estimate is based on the previous year's production as well as information provided to Ruth Eckerd Hall by City Players. City Players shall be responsible for any deficit resulting from its use of the Ruth Eckerd Hall under this Agreement. Under no circumstance shall the City incur or be responsible for any expenses in excess of those specifically provided for herein. c) No additional funds will be budgeted or provided by Clearwater Parks and Recreation for City Players unless otherwise agreed to by the parties in writing. 2. Grant of In-Kind Services: a) The City agrees to provide City Players access to Ruth Eckerd Hall to produce summer musical(s) for the citizens of Clearwater pursuant to the Agreement of March 7, 2001 between the City and Ruth Eckerd Hall. Provision of the facility is subject to the scheduling of availability. b) The City agrees to provide access to City recreation facilities, if available, for the purpose of auditions and rehearsals for the summer musical(s). c) The City will pay for utilities including electric, water and sewer during the rehearsal times in City facilities, with the exception of Ruth Eckerd Hall, where such utilities are subject to the Agreement of March 7, 2001 between the City and Ruth Eckerd Hall. d) The City will provide marketing support for the summer musical(s) by including information in all general publications promoting park and recreation activities; i.e. FITS (the City of Clearwater's Fun In The Sun magazine). The City will also provide professional guidance related to areas of marketing, layout, proof and design of flyers and promotional pieces for the summer musical. The City will provide these in-kind services in its sole discretion based on availability of resources, and shall not bear any costs of the marketing pieces. e) The City will provide access to its existing costume, prop, and scenery inventory for use by City Players in connection with the summer musical(s). Following the production(s) subject to this Agreement, the City will not provide storage space for any additional Page 5 of8 costumes or sets created for the production(s). The City can not guarantee that it will be able to maintain an inventory of such provisions in the future. 1) The City will provide City Players with access to printing and production costs at the price levels available through the City's in-house Graphics Division. g) The City will not provide any other additional in-kind services, supplies, labor or equipment whether on loan or for consumption to City Players. 3. City Liaison: The Cultural Affairs Division of the City of Clearwater will serve as the City liaison for City Players. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire understanding between the parties on the subject hereof and may not be changed, modified, or discharged except by written amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. ARTICLE V. TERMINATION For Cause: Upon breach of this Agreement by a party, the other party will give written notice of termination of this Agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within 14 days from the receipt of said notice, then the contract will terminate 30 days from receipt of the written notice to terminate. Minimum Net Proceeds: If the net proceeds from any summer musical are less than $15,000, City Players may terminate this Agreement upon 30 days written notice. Upon any such termination by City Players, the City shall remit $5,000 ofthe net proceeds in accordance with Article III. 1 b) to be used to continue producing future productions similar to that contemplated hereunder. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 100 S. Myrtle Avenue, Clearwater, FL 33756. Page 60f8 2. If to City Players, addressed to City Players, Inc., c/o Patrice Pucci, Registered Agent, 2719 1 st Avenue North, St. Petersburg, FL 33713. ARTICLE VII. EFFECTIVE DATE The Effective Date ofthis Agreement shall be the 4th day of May 2006. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the dates indicated below. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II City Manager Date: Date: Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Date: Date: CITY PLAYERS, INC. By: Print Name: As Board President Date: Page 7 of8 ATTACHMENT "A" Waiver of Liabilitv. Release and Indemnitv You understand that City Players will undertake the production of "???" at Ruth Eckerd Hall in July 200? The production will start with auditions and casting as of mid-May to early June 200?, continue with rehearsals from ????? through ????? and end with performances on ???? at 8:00PM, ???? at 8:00PM and ???? at 2:00PM. In consideration for you having the opportunity to take part in all aspects of the production of"???" with City Players, Inc., you understand and further agree that you are not a City of Clearwater representative or volunteer and you will not hold City Players, Inc., the City of Clearwater, and/or Ruth Eckerd Hall or their directors, contractors, employees, agents, representatives, volunteers, predecessors, and successor (the "Released Parties") liable or responsible in any way for any injury, losses, claims, medical expenses, death, or other damages to you or your family, heirs, or assigns that may occur as a result of your participation in this production including travel to, from or related to this production, and including injuries which may be suffered by me before, during or after the production. Except as to intentional acts, you specifically agree to exempt and release the Released parties from all liability or responsibility whatsoever HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE, ACTION OR INACTION OF THE RELEASED PARTIES. YOU HAVE READ AND VOLUNTARILY SIGN THIS WAIVER OF LIABILITY, RELEASE AND INDEMNITY CLAUSE, and further agree that no oral representations, statements or inducements apart from the foregoing written clauses has been made. You shall indemnify the Released Parties for any claims, costs, losses, fees, penalties, interest, or damages sought on behalf of you or by any third party resulting from your involvement in the production. Page 8 of8 ~ c;w I II.b ater City Council "~,.w.w.".,..~~da ,~.!>ve~,.~w~.!11orandum Tracking Number: 2,042 Actual Date: 05/04/2006 Subject / Recommendation: Declare vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) Summary: Tampa Machinery Auction is the Pinellas County Purchasing Auctioneer of Record and has been used by the City for over 10 years. The service provided by Tampa Machinery Auction includes pick-up, sale, title work and collection Originating: Solid Waste/General Services Section Consent Agenda Category: Other Number of Hard Copies attached: 1 Public Hearing: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? Surplus sale revenue In Current Year Budget? Yes Current Year Cost: $0.00 Appropriation Code(s) 0010-00000-365900-000-000 Amount Comments Revenue to be determined at time of sale Review Approval Rick Carnlev 04-10-2006 15:33:14 Rod Irwin 04-19-2006 13:09:36 ~ o .. ater u~ Bob Brumback Bill Horne Cyndie Goudeau City Council .<,@..,~~..~~a,,~ov~,r......,~..!morandum ,.<",_._"" 04-10-2006 16:44:53 04-19-2006 13:23:54 04-19-2006 14:53:37 Fleet Surplus for May 4.2006 REASON FOR ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL 1 G1448 1995 Ford FT-900 w/Aerial Platform 1FDYL90EOSVA28294 14,218 Repairs not cost effective 2 G1374 1994 GMC SIERRA 1500 Pickup 1 GTDC14Z2RZ567987 71,269 AGE & CONDITION 3 G1494 1995 Ford F350 WI UTILITY BODY 1 FDKF37H6SNB04224 74,233 AGE & CONDITION 4 G1506 1995 CHEVROLET LUMINA 2G1 WL52M6S9329642 84,379 AGE & CONDITION 5 G1597 1996 FORD MUSTANG 1FALP42X4TF156771 86,494 AGE & CONDITION 6 G1631 1996 CROWN VIC POLICE CAR 2FALP71W8TX160336 83,976 AGE & CONDITION 7 G1651 1996 CROWN VIC POLICE CAR 2FALP71 WOTX160329 96.153 AGE & CONDITION 8 G1717 1996 Ryan Sod Cutter 96514038 N/A AGE & CONDITION 9 G1742 1997 CROWN VIC POLICE CAR 2FALP71W4VX120418 94,568 AGE & CONDITION 10 G1808 1997 DODGE INTREPID 2B3HD46FOVH772061 83,042 AGE & CONDITION 11 G1853 1997 Ford F350 WI UTILITY BODY 2FAFP71W4WX137539 79,638 AGE & CONDITION 12 G1914 1998 CH&E 3" Diapram Pump P9711177 N/A AGE & CONDITION 13 G1958 1999 CROWN VIC POLICE CAR 2FAFP71W4WX137539 103,660 AGE & CONDITION 14 G2020 1998 CH&E 3" Diapram Pump D981 02224 N/A AGE & CONDITION 15 G2021 1998 CH&E 3" Diapram Pump D981 02223 N/A AGE & CONDITION 16 G2079 1999 CROWN VIC POLICE CAR 2FAFP71 W9XX172563 84,379 AGE & CONDITION 17 G2108 1999 CH&E 3" Diapram Pump D98091963 N/A AGE & CONDITION 18 G2186 1999 Mack Front Loader Refuse 1M2K195C2XM014574 80,713 Bad Engine 19 G2229 2000 CROWN VIC POLICE CAR 2FAFP71W2YX164323 88,767 AGE & CONDITION 20 G2249 2000 Hustler 3200 Riding Mower 23041 N/A AGE & CONDITION 21 G2397 2001 CROWN VIC POLICE CAR 2FAFP71W91X150957 86,854 AGE & CONDITION 22 Three (3) Automotive Parts Washers Obsolete 23 Nine (9) Lawn Boy push mowers AGE & CONDITION EN G, \ II ;1 .. Q .. City Council u~ ~,>.<~en~!> C~!~!,...,,~_emoran~.u!!L-"..,~_,", Tracking Number: 2,047 Actual Date: 05/04/2006 Subject / Recommendation: Approve a supplement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation to add $3,822,000.00 of federal funding for the construction of Beach Walk and authorize the appropriate officials to execute same. (consent) Summary: On April 21, 2005 the City Council approved a LAP agreement with FDOT for $150,000. These funds were used to conduct a National Environmental Policy Act (NEPA) Compliance Study to evaluate environmental impacts of the project. The NEPA Compliance Study has been completed and showed no adverse environmental impacts. This supplement to the LAP Agreement is for $3,822,000, which will be utilized for construction of phases Two, Three, and Four of Beach Walk, which will begin in January of 2007. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Other Review Approval Glen Bahnick Garry Brumback 04-10-2006 15:31:57 04-11-2006 10:25:52 04-21-2006 16:26:38 04-10-2006 16: 15:23 04-24-2006 08:32:52 04-11-2006 08: 10:04 04-20-2006 07:50:24 Brvan Ruff Bill Horne MichaelOuillen Cvndie Goudeau Tina Wilson ee., E NG, \ 525-010-32 PROJ MGT, RESEARCH & DEV OFC 02101 Page 1 of3 SUPPLEMENT NO.1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FIN NO: 416652 1 28/5801 LOCAL AGENCY PROGRAM SUPPLEMENTAL CONTRACT NO: AO 070 At:C>>l:l:lIl:toJT PROJECT DESCRIPTION The FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 7 and the City of Clearwater desire to supplement the Agreement entered into and executed on May 4, 2005 as identified above. All provisions in the basic Agreement remain in effect except as expressly modified by this Supplement. The changes to the Agreement are described as follows: Name: Florida Beach Walk Initiative Length: Termini: Description of Work: The City, using a professional services consultant, will perform the necessary evaluation and documentation activities outlined in the Department's Project Development and Environment (PD&E) Study Manual and perform the Construction activities for the proposed reconfiguration of Gulfview Boulevard as part of the Florida Beach Walk Initiative Project. Reason for Supplement: To include funding provided by Federal Earmarks for the Construction phase of the project. To extend the agreement expiration date to December 31, 2009. Additionally to amend Exhibits A and B to include as provided below: SPECIAL CONSIDERATION BY AGENCY The City will submit to the Department 60% and 100% design plans for review and approval. At 100% plans submittal, the City will provide the project Bid Package to include Specifications, updated construction estimate, City's Certification Clear Package letters (documentation of utility coordination, Right of Way clearance documentation, environmental permits and environmental determination), draft construction contract and completed contract checklists provided by the Department. All above items must be reviewed and approved and a Notice to Proceed for Construction must be issued by the Department prior to any construction related activities, including project advertisement. Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The City will provide to the Department the following eleven point project milestones schedule upon final execution of this agreement and quarterly thereafter: 1. LAP Agreement Execution Date 4. Permits Clear 7. RIW Certification 10. Award Date 2. NTP to Local Agency 5. Environmental Clear 8. Advertisement Date 11. Construction Completion Date 3. Utility Certification 6. R/R Certification 9. Bid Opening Date The City will let the construction contract prior to June 30, 2007. If the City cannot meet this letting date, the Department must be notified in writing and a new project letting date provided prior to May 1, 2007. Failure to comply with this requirement may be cause for termination of this project agreement and withdrawal of Department funding. The City will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525-010-300). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will issue to the City a Notice to Proceed for the Construction phase after final design plans, bid package, specifications, certification clear package (documentation of utility coordination, right of way clearance documentation, environmental permits and environmental determination), draft construction contract and LAP Checklists have been reviewed and approved. " 525-010-32 PROJ MGT, RESEARCH & DEV OFC 02101 Page 2 of 3 TYPE OF WORK FUNDING (1) (2) (3) (4) (5) PREVIOUS PROJECT ADDITIONAL CURRENT TOTAL TOTAL TOTAL PROJECT PROJECT TOTAL AGENCY FUNDS FEDERAL AND STATE FIINn~ FIINn~ FIINn~ FIINn~ P.D.&E. a. Agency Work 150 000 150 000 150 000 b. Other c. Other d. TotaIPD&E (a+b+c) 150,000 150,000 150,000 P.E. a. Agency Work b. Other c. Department Services d. Total PE Cost (a+b+c) Right-of-Way e. Agency Work 1. Other g. Department Services h. Total RJW Cost (e+f+g) Construction i. Contract 3 822 000 3 822 000 3 8?? 000 j. Other k. Other I. Other m. Total Contract Costs 3,822,000 3,822,000 3,822,000 (i+j+k+l) Construction Engineering n. Agency o. Other p. Department Forces q. Total Construction Engineering (n+o+p) r. Total Construction Cost 3,822,000 3,822,000 3,822,000 (m+q) s. TOTAL COST OF $150,000 $3,822,000 $3,972,000 $3,972,000 PROJECT (d+h+r) I 525-010-32 PROJ MGT, RESEARCH & DEV OFC 02101 Page 3 of 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Frank Hibbard Mayor-Commissioner By: Scott W. Collister, P.E., CPCM Director of Transportation Development Attest: Title: Attest: Title: Date: Date: As to form: As to form: District Attorney Attorney See attached Encumbrance Form for date of funding approval by Comptroller. ENcq 2v 11,2 ~ o .. City Council _....,.,_"_~end~..,,,~ove-:,,,,~,,~,,!!!or!,,!:!~~!!I~~@,._""" Tracking Number: 2,028 Actual Date: 05/04/2006 Subject / Recommendation: Approve award of the Lift Station 58 Rehabilitation (03-0094-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $1,459,892.17, in accordance with City Code Sec. 2.564(d), other governmental bid, and that the appropriate officials be authorized to execute same. (consent) Summary: Based on evaluations of the City's sewer system, Lift Station #58 must receive high priority for upgrade as part of the overall rehabilitation of the City's wastewater collection system. This construction includes the improvements to Lift Station No. #58, replacing the existing structure and equipment that is in need of repair due to age and wear. Lift Station 58 is located at 1308 McMullen Booth Road (approximately 1500 feet south of CR590 and directly south of Alligator Creek), Lift Station 58 is an aging duplex wet pit/dry pit lift station. The proposed improvements at Lift Station 58 involve demolition of the existing structure, conversion of the sub-grade wet pit/dry pit to a single wet well with an influent manhole, installation of new submersible pumps, new generator, new odor control, TCU Panel and antenna and the necessary electrical and instrumentation to complete the project. TLC Diversified, Inc. is the present holder of the low bid, triennial, Lift Station Repairs and Refurbishment Services contract with Seminole County (contract cc-1220-03jTLC). The unit prices for this work are from that contract. The contractor will be allowed 180 days to accomplish the work and will begin within 30 days of a notice to proceed. Advanced Engineering & Design, an engineer of record with the City of Clearwater was the design consultant, The final engineer's estimate was $1,299,600.00, 11% under the proposed award amount. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or funding with 2006 Water and Sewer Revenue bond proceeds when issued is available in project, 0378-96686, Pump Station Replacement, in the amount of $926,000.00. Budget and revenue are availab Ie in project 96686, Pump Station Replacement in the 2002 Water and Sewer Revenue Bond Construction Fund 0343 and in the Capital Improvement Program Fund 0315 in the amounts of $236,000.00 and $297,892,17 respectively to fund the contract total of $1,459,892.17. A copy of the construction plans and specifications is available in the Official Records and Legislative Services office for review. Originating: Engineering Section Consent Agenda City Council "._",,~g.enC!,~~ C~~,,~emorandum ,,'''._____.__ Category: Construction Contracts - Public Works Originating Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Other Government Bid Other Contract? Seminole County (contract # cc-1220-03jTLC) In Current Year Budget? Yes Current Year Cost: $1,459,892.17 Total Cost: $1,459,892.17 Appropriation Code(s) 0343-96686-563800-535-000 0378-96686-563800-535-000 0315-96686-563800-535-000 Amount $236,000.00 $926,000.00 $297,892.17 Comments see summary section see summary section see summary section Review Approval Glen Bahnick GeorQe McKibben 04-06-2006 15:40:00 04-11- 2006 08:09: 19 04-20-2006 07:53:33 04-10-2006 16: 16:26 04-11-2006 10:06:53 04-21-2006 16:24:17 04-10-2006 16:53:54 Tina Wilson Garry Brumback Michael Ouillen Brvan Ruff Bill Horne ater Cyndie Goudeau City Council _."_...~~enda,...fo,!~..~..,,,~..~morand!lm 04-24-2006 08:34:57 Location Map CLEARWATER SAFETY HARBOR ST ~o g ~ 0 II) ;;: W " Z > ;!; 0 <( '" ...J W ::;: o o ~ LEMONWOOD j~ ~ NUi'NOOO JOSE SAN PEDRO II U I I BERNADINO I ! I MATEO City of Clearwater ~ Clearwater N Public Works Administration / Engineering w~, LS-58 1308 McMullen Booth Road o~ ~ s S.K. R.F. N.T.S Drawn By: Reviewed By: Scale: Grid # 274A S-T-R 9- 29s-16e Date: 03/28/06 ~: E~<q L \. t AGREEMENT (CC-1220-03/TLC) BY ---. TRIS AGREEMENT is made and entered into this 'day of 84""-""r' 20~, by and between TLC D<VERSUl:ED. IIIC., duly authorized to conduct business in the State of Florida, whose address is 2719 17th Street East, Palmetto, Florida 34221, hereinafter called the "CONTRACTOR" and SEMINOLE COtlN'1'Y, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter called the n COUNTY" . WIT N E SSE T H: SECTION 1. SERVICES. The COUNTY does hereby retain the CONTRACTOR to furnish liftstation repairs and refurbishment services in accordance with Project No. CC-1220-03/TLC and with terms and conditions as described in Exhibit ~A," attached hereto. Required services shall be specifically enumerated, described, and depicted in the Work Orders authorizing performance of the specific project, task, or study. This Agreement standing alone does not authorize the performance of any work or require the COUNTY to place any orders for worki and SECTION 2. TERM. This Agreement shall take effect on the date of its execution by the COUNTY and shall run for a period of three (3) years and, at the sole option of COUNTY, may be renewed for two (2) successive periods not to exceed one (l) year each. Expiration of the term of this Agreement shall have no effect upon Work Orders issued. pursuant to this Agreement and prior to the expiration date. Obliga- tions entered therein by both parties shall remain in effect until completion of the work authorized by the Work Order. SECTION 3. A'D'l'BORIZATION FOR SERVJ:CES. Authorization for per- .....- formance of repairs and refurbishment services by the CONTRACTOR under this Agreement shall be in the form of written Work Orders issued and 1 ----, executed by the COUNTY and signed by the CONTRACTOR. A sample Work Order is attached hereto as Exhibit ~B". Each Work Order shall describe the services required, state the dates for commencement and completion of work and establish the amount and method of payment. The Work Orders will be issued under and shall incorporate the terms of this Agreement. The COUNTY makes no covenant or promise as to the number of available projects, nor that the CONTRACTOR will perform any project for the COUNTY during the life of this Agreement. The COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by the COUNTY to be in the best interest of the COUNTY to do so. SECTION 4.. TIME FOR COMPLE'l'J:ON. The services to be rendered by the CONTRACTOR shall be commenced, as specified in such Work Orders as may be issued hereunder, and shall be completed within the time speci- fied therein. In the event the COUNTY determines that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated schedule of incentives based on time savings. SECTION 5. COMPENSATJ:ON. (a) The COUNTY agrees to compensate the CONTRACTOR for the services called for under this Agreement in accordance with the Rate Schedule attached as Exhibit "C". The total amount of compensation paid to all contractors under CC-1220-03/TLC shall not exceed the sum of THREE MILLION AND NO/IOO DOLLARS ($3,000,000.00) per year. (b) Payments shall be made by the COUNTY to the CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONTRACTOR shall render to COUNTY at the close of each calendar month an itemized 2 invoice properly dated, describing any services rendered, the cost of the services, the name and address of the CONTRACTOR, Work Order Number, Contract Number, and all other information required by this Agreement. Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A duplicate copy of the invoice shall be sent to: Seminole County Environmental Services Water and Wastewater Division 500 W. Lake Mary Boulevard Sanford, Florida 32773 (b) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of a proper invoice from the CONTRACTOR. SEC'l'J:ON 6. CONTRACTOR · S REPRESENTA'l'J:ONS. In order to induce COUNTY to enter into this Agreement, CONTRACTOR makes the following -'. representations: (a) CONTRACTOR has familiarized himself with the nature and ex- tent of the Contract Documents, weather, Chapter 220, Part 1, "Pur- chasing Code, II Seminole County Code, with all local conditions, and Federal, State and local laws, utility locations, ordinances, rules, policies, and regulations that in any manner may affect cost, progress or performance of the Contract. (b) The CONTRACTOR declares and agrees that the COUNTY may re- quire him to repair, replace, restore, or make all things comply with the Contract Documents, including all work or materials which within a period of two (2) years from acceptance by COUNTY are found to be defecti ve or fail in any way to comply with the Contract Documents. The CONTRACTOR acknowledges that the above two (2) year repair, replace, and restoration period is separate from, and additional to, ,.--, CONTRACTOR's warranty that the work has been completed in compliance 3 with the Contract Documents. The two (2) year repair, replace, and restoration period is not a limitation upon Contractor's other warran- ties or Material and Workmanship Bond. (c) CONTRACTOR has studied carefully and considered all permit requirements related to performance of the work. CONTRACTOR declares and agrees that all costs related to performing the work in compliance with the requirements of all permits at the contract price are in- cluded in the contract price. CONTRACTOR agrees that CONTRACTOR shall be solely responsible for payment of all fines and penal ties of any nature assessed to the CONTRACTOR or COUNTY or both by any governmen- tal entity, district, authority, or other jurisdictional entity relating to all permits required for performance of the work. SECT:IOm 7. CON'l'RAC'l' DOCtJME:N'l'S. The Contract Documents which comprise the entire agreement between COUNTY and CONTRACTOR are made a part hereof and consist of the following: This Agreement including Work Orders. Addenda. Bid. American with Disabilities Act Affidavit. Performance Bond applicable to Work Orders. Payment Bond applicable to Work Orders. Material and Workmanship Bond applicable to Work Orders over "'-" ,~ (a) (b) (c) (d) (e) (f) (g) $50,000.00. (h) (i) (j) (k) (1 ) -----. (m) General Conditions. Supplementary Conditions. Notice To Proceed. Change Orders. Certificate of Substantial Completion. Certificate of Final Inspection. 4 ..-. ..-. (n) Certificate of Engineer. (0) Certificate of Final Completion. (p) CONTRACTOR's Release. (q) Drawings and Plans. (r) Supplemental Agreements. (s) CONTRACTOR's Waiver of Lien (Partial). (t) CONTRACTOR's Waiver of Lien (Final and Complete). (u) Subcontractor/Vendor's Waiver of Lien (Final and Complete). (v) Consent of Surety to Final Payment. (w) Instructions to Bidders. (x) CONTRACTOR's Insurance Requirements, Certificate and Insur- ance Policies. There are no Contract Documents other than those listed above in this Section. The Contract Documents may only be altered, amended, or repealed by a modification as provided in the General Conditions. SECTION 8. Ml:SCELLANEOUS. (a) Terms used in this Agreement, which are defined in Section 1 of the General Conditions, shall have the meanings indicated in the General Conditions. (b) No assignments by a party hereto of any rights under or in- terests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and any such assignment shall be void and of no effect, and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 5 -" (c) COUNTY and CONTRACTOR each binds himself, his partners, suc- cessors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. SECTION 9 . CON'l'RACTOR · S SPECIFIC CONSIDERATJ:ON . In considera- tion of the CONTRACTOR's indemnity agreements as set out: in the Contract Documents, COUNTY specifically agrees to pay the CONTRACTOR the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00) or one percent (1%) of the contract sum, whichever is greater. The CONTRAC- TOR acknowledges receipt of the specific consideration for CONTRAC- TOR's indemnification of COUNTY and that the specific consideration is included in the original Contract 'Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. '--'" SECTION 10. NOTICES. Whenever either party desires to give no- tice unto the other including, but not limited to, Contract Claims, it must.be given by written notice, hand delivered, signed and dated for receipt or sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties desig- nate the following as the respective places for giving of notice, to wit: For COUN'l'Y: Environmental Services 500 W. Lake Mary Blvd. Sanford, FL 32773 .'--' 6 For CONTRACTOR: ~-... CONTRACTOR's Superintendent, Thurston Lamberson TLC Diversified, Inc. 2719 17th St. E. Palmetto, FL 34221 SECTION 11. CONFLICT OF INTEREST. (a) The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. See County Personnel Policy 4.10(F). (b) The CONTRACTOR hereby certifies that no officer, agent, or employee of the. COUNTY has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over 5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, .,,--... and that no such person shall have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. SEC'l'I:ON 12. MA'l'ERI:AL BREACHES OF AGREEMENT. (a) The parties recognize that breaches of the Contract Docu- ments may occur and that remedies for those breaches may be pursued under the Contract Documents. The parties further recognize that the safety of the traveling public is of paramount concern. Therefore, the parties agree that any breach of the Contract Documents related to life safety, including but not limited to, the maintenance of traffic requirements of the Contract Documents, shall be considered a breach .r-- of the Contract Documents. 7 SECT:ION 13. AGUEHE:N'.1' Am) WORK ORDER :IN CON!'L:IC'l' . Whenever the terms of this Agreement conflict with any Work Order issued pursuant to it, the Agreement shall prevail. SECT:ION 14. ASSIGNME!rr. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party, and in such cases, only by a document of equal dignity herewith. SECTION 15. PUBLIC RECORDS LAW. CONTRACTOR acknowledges COUNTY'S obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request_ CONTRACTOR acknowledges that COUNTY is required to comply wi th Article I, . Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 16. COMPLI:ANCE WITH LAWS AND REGULAT:IONS. In providing ,,- all services pursuant to this Agreement, the CONTRACTOR shall abide by -~. 8 all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordi- nances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to the CONTRACTOR. ~ ~T.NESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by by ENGINEER on their behalf. (CORPORATE SEAL) TLC DIVERSIFIED, INC. ~~ii5-~ - ~~ ~ THURSTON LAMBERSON, President Date: I /').~/o'l ,r--.. ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA ~'.I(j " By:~iJ- DARYL G. MCLAIN, Chairman Date: ~-;). - t'f- ORSE o the Board of County Commissioners of Seminole County, Florida. For use and of Seminole Approved as legal suff' reliance County only. to fom and en As authorized for execution by the Board~unty Commi~oners at the1r ~, 2 regular m ting. County AC/lpk 11/24/03 12/29/03 CC-1220-TLC 3 Attaclunents: Exhibit ~A6_ Scope of Services Exhibit ~B6_ Sample Work Order Exhibit .C6_ Rate Schedule .--' 9 -----... - --------: CC-1220-03jTLC BID FORM LlFTSTATION REPAIRS, REFURBISHMENTS and MAINTENANCE BID ITEM EST. UNIT TOTAL DESCRIPTION ANNUAL UNITS NUMBER OTY. PRICE PRICE The total bid price is based on estimated annual quantities as indicated below. The estimated annual quantities are not guaranteed and may be increased or decreased as provided in the contract. A ward will be based on the responsive., responsible bidders offering the lowest total bid prices. ELECTRIC SE~YICES 1a Finish and Install 100 amp 240 volt, 3 phase electric service and Install County supplied control panel including core boring wet well and wiring to pumps 12 each 5">8"; ~~/4').o (within 50 feet of transformer or power company hand 'h"J",' lb Adder for each additional foot over 50 feet for 100 amp 240 volt, 3 phase electric service from transformer or 600 feet JI.)~ ,,,~ I Dower comoanv hand hDle. 20 Furnish and Install 100 amp 480 voltl 3 phase electric service and Install County supplied control panel including core boring wet-well and wiring to pumps 10 each ">>~ <; '10, ~~ l) (within 50 feet of transformer or power company hand ,",,,t,,,, 2b Adder for each additional foot over 50 feet'for 100 amp l..'i ~~ 480 volt, 3 phase electric service from transformer or 600 feet }1.).5 OOWE'!r comnanv hand hole (oer foo!")' 3a Furnish and Install 150 amp 240 voltl 3 phase electric service and Install County supplied control panel including core boring wet-well and wiring to pumps 5 each ~6o 3t.f./~ (within SO feet of transformer or power company hand ,",,,I.., 3b Adder for each additional foot over 50 feet for "150 amp 4o'~ 240 volt, 3 phase electric service from transformer or 300 feet 13.SLJ nI'Iwer coml'lanv h~nd hole. . 4a Furnish and Install 150 amp 480 volt, 3 phase electric service and Install County supplied control panel including core boring wet-well and wiring to pumps. 3 each &P~" ~~~... (Within 50 feet of transformer or power company hand I I h"I.., 4b Adder for each additional foot over 50 feet for 150 amp t ~.SV 480 volt, 3 phase electric service from transformer or 250 feet 3~S" IClOWer c:omnanv hand hol". VALVES AND PIPING 5 Furnish and Install 4" check valve. 35 each to"),,) ~~S;\O 6 Furnish and Install 6" check valve. 16 each ~dS ( ,C;: ~ 7 Furnish and Install 8" check valve. 4 each 1"l\:fS 1~2 8 Furnish and Install 10" Check valve. 4 each -:).~~,. =.~~~ ,-_9 Furnish and Install 4" olua valve. o. 3S each 'lot- I, ~.I 3 J; 10 Furnish and Install 6" olua valve, 25 each I~ , S.",S""G 11 Furnish and Install 8" nluo va'1ve. 10 each 110 n CJJ, ~ 12 Furnish and Install 10" oluo valve. 6 each JOP,I, )0. :::l.'~ i- 13 Furnish and Install valve vault 4" piping induding 35 each }() I. MS' stainless oressure naune (sinnle nume). ~ 14 Furnish and Install valve vault 6" piping induding 15 each 3c..j~S 5t;//4b stainless oressure aauae (sinoJe Dumo). 0010.9-4 ,...-..... BID ITEM NUMBER ------ .~ CC-':1220-03/TLC BID FORM L1FTSTATION REPAIRS, REFURBISHMENTS and MAINTENANCE Furnish and. Install valve vault 8" piping induding stainless cressure oauoe_(sinQle cumo). Furnish and Install valve vault 10" piping inCluding stainless oressure aauae (sinale cumc), Furnish and Install (including bradng) 4" HDPE discharge piping within wet-well through to valve vaul1 including stainless :>teet flanges and one 90 degree hPnrl . nria> ~-"' Furnish and Install (induding bracing) 6" HDPE discharge piping within wet-well through to valve vault induding stainless steel flanges and one 90 degree hpnrl - . ., Furnish and Install (including bradng)" 8" HDPE discharge piping within wet-well through to valve vault including stainless steel flanges and one 90 degree hPnrl'. ., Furnish and Install (including bracing) 10" HDPE discharge piping within wet.well through to valve vault including stainless steel flanges and one 90 degree h.:>nrl {",innl.. numn oriee Install 4" pump base ell including anchors (elr supplied bv CounM. Install 6" pump base ell including anchors (ell supplied by County). Install 8" pump base ell [ncluding anchors (ell supplied bv CounM. Install 10" pump base ell induding anchors (ell supplied bv CounM. Furnish and Install 4" oumo out. 50 Furnish and Install 6" pump out. 30 Furnish and Install 8" oump out. 16 Furnish and Install 10" pump out. 16 WET-WELL REHAB~ITATION Furnish and Install 35" x 48" aluminum hatch,.covers. 20 Furnish and Install 48" x 60" aluminum hatch covers, ~6 Furnish and Install 60" X 72" aluminum hat~ covers. 25 Fumish and Install 5/8" thick fiberglass wet-well liner 300 with aroutino 6' diameter (oer foot deoth). Fumish and Install 5/8" thick fiberglass wet-well liner with aroutino 8' diameter {cer foot denth). Fumish and Install 5/8" thick fiberglass Wet-weir 'liner with oroutino 10' diameter (per foot denth) Furnish and Install protective coating system 6 diameter (oer foot deoth). Furnish and Install protective coating system 8 diameter (~r foot deoth). Furnish and Install protective coating system 10 diameter (per foot deoth). Furnish and Install pump guide rails (induding brackets) (oer each set). DESCRlPTION 15 16 17 18 19 20 21 23 24 2S 26 27 28 29 30 31 32. 33 34 35 36 37 38 39 EST. ANNUAL QlY. e 6 50 35 20 16 so :ts 16 12 200 iso 750 500 175 100 UNITS each each each each each each. each each each each each each each feet feet feet feet feet feet sets UNIT ' PRICE . ~, '1lot) feet , t;'3 feet /7<: feet '3/0 feet '4),C;; TOTAL PRICE ~,48o 4 ~, Goo 'lh S-o J G I-::J c;: to ~ dD t.o~" 0 l jf~4 ~,~oo II &4 :i1,t.co II ~c) JCf1040 19/D ;l~ 9;;>0 ~ 3350 Ilt;7 Sc:c 4B5,:) i 145", 5"CP (gOa- ~tO.COa ('..)So 'OO.~ Jlog J~ I~tso t;~~ g/~ IJ~~ ~ 3~b q~ 11)/ t; ;;, do .I ~CJ :;; I~' ~O'" ~ If s. a. ~~/SO~ I " !> I ~o,:, I &,~ }.5"0 J ~CjJ50. }-=t<a,~ .g4.~')' S- 10J ",S;Z)(J 0010.0-5 CC'-1220-03/TLC BID FORM L1FTSTATION REPAIRS, REFURBISHMENTS and MAINTENANCE ..----.., BID ITEM EST. UNIT TOTAL DESCRIPTION ANNUAL UNITS NUMBER OlY. PRICE PRICE RESTORATION, CONCRETE S~ AND AC~ESS DRIVES 40 Furnish and Install. 4Ifthi9<.cOo.cr~te slab-work. . 600 sa.yd. ~~ 4~~d 41 Furnish and Install 6" tl:iick CO!lcr.ete slab-work.. .' 1200 So.vd. . ~<; )0:1 ~ 42 Furnish and Install 8" thick con!=rete slab-~or;k. , 350 5O.yd. ~c; <; 3 X"o 43 Furnish and Install 2" thick asphalt overlay. 1000 'sa.yd. ?4,'>o ;).., . fit> 1:1 44 Furnish and Install 2'" thick asphalt overlay with 12 500 sq.yd. 44 ~~/C4" base material. 45 Furnish and Install Bahai Spd. 1500 sa.vd. ~'?O iJ sS"' 0 46 Furnish and InS'"..a1l St. A\lgustini;! 509. 1000 sa.yd. &.~ Ccs 4- Co MISCELL~OUS 'LABOR TOOLS AND EQUIPMENT 47 Foreman w/truck ?lnd small tools. (per hour). 350 hours g<; .;)'t 75: c 48 Laborer ( per hOur). 1000 hours ~o C;~oo~ 49 10 yard dump truck - driyer included (per hour). 250 hours ~5' 11 '19~ 50 Rubber tire back hoe - J0410 or equivalent operator 500 hours ")~ I~/;;t:o induded (oer hour). 1---- By-pass pumping to take Uft Station off-line during . 51 50 sites 4~l) :Jl4-, /;60 rehabilitation (Der site) 52 Pressure grouti'ng to stop infiltratioJ:! (per pound). 1000 Ibs ~^ ;r~ "0.. 53 SUBTOTAL, BID ITEMS 1 THROtTGH 52 ~~~~ 54 Percentage proposed to cover Mobilization, Demobilization, BOnds, Permits and 0/0 amount General Conditions (The proposed percentage will be applied to the bid items ordered and is limited to a maximum of 5%) (Enter your proposed percentage s: / t,;/ g~J.l ~ (up to a maximum of 5%), apply it to line 53, and enter the amount in the total I column) 55 Percentage proposed to cover Maintenance of Traffic (The proposed percentage % amount will be applied to the bid Items ordered and is limited to a maximum of 1%) 1.$ 'K, Si,tJ, ~ (Enter your proposed percentage (up to a maximum of 1 %), apply it to Une 53, and enter the amount in the total column) 56 GRAND TOTAL FOR BID A W.ARb PURPOSES (Line 53+54+55) 3...~'~07t>, org If Bidder is not the successful Bidder as the Prime Supplier, will Bidder be willing to serve as a stand-by (Secondary) supplier under the terms, conditions, and prices as stated herein? (Circle "Yes" or "No'1 QV No 00100-6 t2.e.. ENe; 2. (;~) AGREEMENT THIS AGREEMENT made this day of , 2006, by and between the City of Clearwater, Florida, a political subdivision of the State of Florida, hereinafter the "OWNER" with an office located at P.O. Box 4748. Clearwater. FL 33756-5520 and T.L.C. Diversified, Inc. a Florida corporation, hereinafter "CONTRACTOR" with its principal address at 2719 1 ih Street East, Palmetto, Florida 34221. WITNESSETH: WHEREAS, CONTRACTOR and Seminole County, Florida, executed an Agreement, (CC-1220-03/TLC) Between OWNER and CONTRACTOR on the Basis of Stipulated Price in connection with Seminole County Environmental Services, dated February 2nd, 2004, for "Liftstation Repairs and Refurbishment" as required to maintain the facilities in environmental compliance and maintain operations efficiently ("Construction Services"), pursuant to a competitive public bidding process (the "Seminole County Agreement"); and WHEREAS, the OWNER desires to obtain Construction Services; and WHEREAS, because the Construction Services involved in the Seminole County Agreement with CONTRACTOR are substantially the same as the Construction Services desired by OWNER, OWNER elects to utilize the competitively bid contract process administered by Seminole County, and OWNER and CONTRACTOR wish to adopt the Seminole County Agreement, with certain minor modifications as further described herein. 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. RECITALS The foregoing recitals are true and are hereby made a part of this Agreement. II. AMENDMENTS The Seminole County Agreement is incorporated into this Agreement and is deemed to be a part of this Agreement as modified as follows: 1. General. Where provisions of the Seminole County Agreement refer to "Seminole County," replace it with City of Clearwater. Where provisions of the Seminole County Agreement refer to "Agreement" or "Contract", it shall refer to the Seminole County Agreement as modified by this Agreement. Where provisions of the Seminole County Agreement refer to the "OWNER" or the "County", it shall refer to the City of Clearwater. Where provisions of the Seminole County Agreement refer to "County Commission" or "Board of County Commissioners" it shall refer to the City of Clearwater. City Council. When the Seminole County Agreement refers to the Seminole County Environmental Services, it shall refer to the Citv of Clearwater. Public Works Administration. 2. Term. The term of this Agreement shall be three (3) years from the date of this Agreement. 3. Modifications to SECTION 7 CONTRACT DOCUMENTS is amended by adding the following language: (y) The Seminole County Bid Package, Bid # CC-1220-03/TLC, including, but not limited to, the Advertisement, and Instructions to Bidders (Collectively, the "Bid Package"). (z) CONTRACTOR's responses to the Bid Package. 4. Invoices. CONTRACTOR's invoices shall be sent to the following address: City of Clearwater P.O. Box 4748 Clearwater. FL 33756-5520 2 5. Relationship Between the Parties. The OWNER and CONTRACTOR hereby agree and covenant that at no time during the term of this Agreement shall any member of the governing body of the OWNER be employed by, or be a member of the governing body of, CONTRACTOR, nor shall any member of the governing body of CONTRACTOR be employed by, or be a member of the governing body of, the OWNER. The OWNER and CONTRACTOR hereby further covenant and agree that at no time during the term of this Agreement shall the members of the governing body of the OWNER own any interest in CONTRACTOR. 6. No Other Amendments. Except as set forth herein, the Agreement is not amended. In the event of any conflict between the terms of this Agreement and the terms of the Seminole County Agreement, the terms of this Agreement will prevail. III. MISCELLANEOUS The following miscellaneous provisions are incorporated into this Agreement. 7. Notice. All notices and other communications required in connection with this Agreement shall be in writing unless otherwise specified herein, and any notice or other communication required hereunder shall be faxed and mailed to the address set forth below, and shall be deemed delivered three (3) business days after the deposit of the mailed notice thereof in any main or branch office of the Untied States Post Office, certified or registered mail, return receipt requested, postage prepaid, properly addressed to the parties respectively as follows: For notices and communications to the OWNER: City of Clearwater P.O. Box 4748 Clearwater. FL 33756-5520 With Copy to: 3 I I _J For notices and communications to CONTRACTOR: Thurston Lamberson, President T.L.C. Diversified, Inc. 2719 1 ih Street East Palmetto, Florida 34221 By notice complying with the foregoing requirements of this section, each party shall have the right to change the address or addressee or both for all future notices and communications to such party, but no notice of a change of address shall be effective until actually received, 8. Captions. The titles or captions contained in the Agreement are inserted only as a matter of convenience and for reference, and such captions in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision hereof. 9. Severability. If any provision of the Agreement or the application thereof to any person or circumstances shall be held by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remaining provisions of this Agreement and the validity, enforceability, and application of such provisions to other persons or circumstances shall not be impaired thereby, but such remaining provisions of this Agreement shall be interpreted, applied and enforced so as to achieve, as near as may be, the purposes and intent of this Agreement to the greatest extent permitted by applicable law. 10. Waiver. Unless otherwise specifically provided herein, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as may be deemed expedient. Any waiver shall be in writing and signed by the party granting such waiver. In any representation, warranty, or covenant by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. 11. Conflict of Interest. CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in the Florida Statutes 112.311 and as may be amended from 4 time to time. CONTRACTOR further represents that no person having any interest shall be employed for said performance. 12. Warranties and Representations. CONTRACTOR restates, and makes current to the date of this Agreement, and incorporates in this Agreement the warranties and representations in the Seminole County Agreement. Prior to performance of any work under this Agreement and as a condition precedent to this Agreement, CONTRACTOR shall provide OWNER a current Sworn Statement under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes, a current Certificate of Liability Insurance, a current State of Florida General Contractor license certification, and a current Bidder's Qualifications Statement/Statement of Business Organization. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first above written. Authentication City of Clearwater, Utilities (Name) By: (Name) (Title) (Title) (SEAL) T.L.C. DIVERSIFIED, INC. By: Thurston Lamberson Its President (SEAL) 5 i I'~ ter City Council "~,,,~t\~da CQver M~,!!!.Q.~.~~dum _'"M"___"""~"_"~"_'___~ Tracking Number: 2,039 Actual Date: 05/04/2006 Subject / Recommendation: Appoint Jamie Andrian Blackstone in the resident category and Patrick O'Neil in the Agency or Government Representative category to the Brownfields Advisory Board with the term expiring on May 31, 2010. Summary: ter City Council __,w,A9,endC!~,~ov~!:.,,~emora ndu !!!,~_,...,..,..__~,.,.,.".,._, BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joyce Gibbs MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 2 STAFF LIAISON: Diane Hufford DATE APPTS TO BE MADE: ASAP SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Willa Carson - 2002 Australia Way E., 33763 - Original Appointment 06/04/98 (Ending 2nd Term - 05/31/06) Resident 2. Randy Deshazo - (No home address given on application) - Original Appointment 12/02/04 Office address: 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33781 Resig ned Agency or Government Representative THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Resident: 1. Jamie Andrian Blackstone - 1860 Venetian Point Drive, 33755 - Property Investor/Future Developer Agency or Government Representative: 2. Patrick O'Neil - 295 Countryside Key Blvd., 34677 - TBRPC Senior Planner for Econ. Development Zip codes of current members: 2 at 33755 1 at 33761 1 at 33763 2 at 33764 1 at 34683 (Palm Harbor) 1 at 34698 (Dunedin) Originating: Official Rec and Legislative Svc City Council _" Aaen,da C,,9ver M.~.!!!!>-:!,!'Ic!~~m Section: Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearina: No Financial Information: Tvpe: Other Review Approval Cvndie Goudeau 05-01-2006 16:26:56 RECEIVED Name: Jamie Andrian Blackstone CITY OF CLEARWATER k~.::~ 03 2006 CLEARWATER BROWNFIELDS ADVISORY BOARD OFFICiAL RECORDS AND . LEGISLATIVe SRVCS OEPT Home Address: 1860 Venetian Point Drive Office Address: N/A Clearwater, FL ZiD 33755 ZiD Telephone: 727-641-2882 cell' 443-5202(H) Telephone: How long a resident of Clearwater? Augus t 2000 Occupation: Property Investor Future Developer Field of Education: Employer: Self Other Work Experience: Liberal Arts Owned & operated a market research compan: 1980-1992 North of Boston Sold & semi- rp~;rpr1 Executive Director Statim Technologies Executive Director Silent Surgerv Education & Advisement Additional Comments: . Signed~ W; ( .( l:,..o..\~d. Ll-4,.il~te~~. ;:;.R". C\ (" Catego pplying For: . ( X) gen~ involved in Brownfield. redevelopment ( ) Business Owner < must own a business within the Designated brownfield Area) <'X... ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) ,: ~ Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. . Printed on recycled paper BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? That I would be involved in improving public participation in implementing public participation as outlined in the Federal Brownfields Economic Redevelopment Initiative Workplan. I would also hear public comments on rehabilitation and redevelopment of the Brownfields Areas, future land use, employment, safety and enviorn. 2. Have you ever observed a board meeting either in person or on C-View, the City's jus tice. TV station? Yes, on TV. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I get involved in my conmunitv and have participated in neighborhood clean up programs. I use and am interested in products that do not hurt our environment. I have a personal interest our community ets & sta s clean, attracts productive reS1 ents, property va ues 1ncrease an our 1ty prospers. ve personally invested in our City, have spent thousands of dollars and much till'le cleaning up ~nese proper~1es. ~ am curren~ly work1ng on a beau~1f1ca~ion program for a bUilding in the Brownfieldsarea. 4. Why do you want to serve on this Board? I enjoy being involved in my community and overseeing its future. Also, I would enjoy the camaraderie of the other Board Members as the-y will have some of the same interests. It would make me . proud to know I am participating in Some way in our government to forward our community and open my eyes to what needs to be done. Name~amie Blackstone Board Name: RECEIVED CITY OF CLEARWATER 1':.'1l~ 20 2005 CLEARWATER BROWN FIELDS ADVISORY BOARD"F"""lAj "E"'O . '.J i" I.,; L /( C RDS AND tEG/SLAnVE SRVCS OEPT Name: Patrick O'Neil Home Address: 295 Countrvside Key Blvd. Clearwater. FL Zio 34677 Office Address: 4000 Gateway Centre Blvd. Suite 100 Pinellas Park, FL Zio 33782 Telephone: 727.570.5151 x 31 Telephone:727 .207.1059 How long a resident of Clearwater? 1-2 Years Occupation: Senior Planner for Economic Develoo Field of Education: USF - M.B.A. UCF - B.S.B.A. in M.I.S. If retired, former occupation: Community Activities: Rotarv. Tamea Bay Brownfields Partnershie Emp: Tamea Bay Reaional Plannina Council Other Work Experience: Other Interests: Board Service (current and past): Board Preference: Deshazo's re lacement at TBRPC Sig (j: Date: ~ -, l(..oc. Category pplying For: ( X ) Agency involved in Brownfields redevelopment ( ) Business Owner ( must own a business within the Designated brownfield Area) ( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 Printed on recycled paper BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ Mv understandine of a Brownfield. is a bliehted and unused area that under the richt conditions can be healed and eventuallv orovide numerous benefits to the community. An advisory board should look at individual cases to determine the best olan of action to achieve this desired ooal. The board should also evaluate orooosals that consultants and investors may oresent to helD fix the situation. This evaluation should weich the benefits to the community alone with makinc sure the benefits orooosed are achievable and likely. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? , 'I have nofobserved a Clearwater Brownsfield Board Meetina. however, while workina for the Tamoa Bav Reaional Planninc Council. I have been able to view numerous board meetinas. council meetinos. and other elannino meetines. such as the Tamea Bav Brownsfields Partnershie and the Tamea Bav Reaional Plannina Council Meetino to name a few. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? While working for the Tamea Bav Reoional Plannino Council. I have taken on a role of reseonsibilitv for the citizens of the Greater Tamea Bav Area. I currentlv review Develoement of Reaionallmeacts (ORis), ereeare model forecasts usina FlAM and REM!. and helo analvze Comorehensive Plans for the local communities to ensure the citizens of this area have a better tomorrow in store. .Educationallv, I earned a Masters of Business Administration from the University of South Florida with additional track certificates in Finance, M.I.S.. International Business. and Manaoement. I also earned a Bachelor's decree in Manaoement Information Science (M.I.SJ from the University of Central Florida. 4. Why do you want to serve on this Board? Mv ooal for servino on this board would be to cive back to the community with an unbiased and analYtical view on imorovino the Clearwater area. Name: Patrick O'Neil Board Name: Clearwater Brownsfield Advisory Board 1/.. i 0 City Council ..~........"."..@,~~nd!.. cO~~.!:,.~~~!1'orand um@..,,~@....~_wm=.."_ Trackina Number: 2,041 Actual Date: 05/04/2006 Subiect / Recommendation: Appoint Aubry "Brooks" Hammac and Ray Shaw to the Parks and Recreation Board with the term expiring on May 31, 2010. Summarv: 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: James D. Appelt MEETING DATES: 4th Mon., 6:30 pm PLACE: MSB Conference Room 130 APPTS. NEEDED: 2 DATE APPTS. TO BE MADE: May 4, 2006 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Stephen Swanberg - 521 S. Martin Luther King Jr. Ave., 33756 - Original Appointment 04/16/98 Ending 2nd Term 04/30/06 2. Sarah Wiand - 801 Eldorado Ave., 33767 - Original Appointment 04/16/98 Ending 2nd Term 04/30/06 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor (Currently serving on AA - wishes to be considered for Parks & Recreation) 2. Jim Ficken - 1608 N. Osceola Ave., 33755 - Real Estate Investor 3. Aubrey "Brooks" Hammac - 2035 Rebecca Dr., 33764 - Retired/Industrial Engineer 4. Elizabeth Lancara - 2030 Cleveland St., 33765 - Secretary/Adm. Asst. 5. Ray Shaw - 2972 Clubhouse Drive West, 33761 - Sales/Marketing Zip codes of current members on board: 1 at 33755 1 at 33756 1 at 33764 2 at 33765 2 at 33767 City Council _,,~genc!a Cc>.~~r Memo!~ndum."._,"_ Orioinating: Official Rec and Legislative Svc Section: Consent Agenda Cateoorv: Other Number of Hard Copies attached: 0 Public Hearino: No Financial Information: ~ Other Review Approval Cvndie Goudeau 05-01-2006 16:28:25 Name: RECEIVED JAN 2 9 200~ CITY OF CLEARWA(TE~~;CPllICATION F~dR At)DVISORY BO~ RECORDS AND -'/d/Vt O;~ ..-v~rwater..... en lEGI8lATM SIlVCS DEPT Home Address: ./ :>2 f/d/ ~/((// ~PC fa,,, / (!//~p~ Zic ~.1)6-s- Telephone: 7.2) -;; / .;) 9/.?.3- How long a resident of Clearwater? Occupation: ~ -ea I ft,,- Field of Education: (; ~r1t / ~ /1'Zl Zic ~.1;>'(? YJ~ 'J/~/ ~M; ~ ~ r-' '/ r , If retired, fanner occupation: _ ~ ~ ..:. .. .~~- r- ... 41 '~..... .J.~" v',-c:.... J Community Activities: :;;,~ "" ~ 'f- )PM)6' ~ "'''o-~ X~U1 'e'f;' $0 -(~~r'l'tf') ... Ot er Interests: Boa Service (current and past): r ~ tI"L Rl./ JI/ r/.' ...1&. ...I .2 /lJ :r Additional Comments: (!,/ n ></u[ .J Board Preference: J;~;!) ty~t4.lr~cW~ ~ .4v/..!~' JfvJn~()~ IJJ,.. ~ (" or RbC ~..s;;"..-RJ1J .2i?CJ l. s~ne~ ~ ~ Date: /~...2. ~ ..::Le::>tl Y See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall. 2nd Floor, 112 S. Osceola Avenue 07/09/2004 12:17 17277129173 TOM CALHOUN PAGE 02 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ::-"r;; r--eV:/~w all ~r/iv~ crf,i;;lftp~ J/Pd~ tv r!..h?I'I1~~.f;;;V.r ON ..soM~ ~ M?~ / >~v"'j ~~ ,,-y /;, Sl<~"~~c; ri.<- S;':i 1'!'--:4 X~~~ h1~r/N'Il.( > ) / (j~ 1~4C./ d/Y;{,*l5.,i 2. Have you ever observed a board meeting either in person or on C-View, the City's 1V station? A!'tJ, ..:: /,,,~~ /'~a.&I# .i;a~ ~/~'?..r Ih ~~ 3. What background andlor qualifications do you have that you feel would qualify you to serve on this Board? 1J't/~ s-trf/<.Le/ tJN 2. ch:~4,;- tt!thH"/>.;/.d~S' /.('4p-~.~ ;: :;:t;JL,;~;!j :j/;~;:J~ (' /"lIr~r /d/.. f',~"'CJ':~:$' ~eP Mr.e. ~~ t1k/""e,- at " ,o;;:.,~ ~ 4~ 2//,,-.< 14!.c:/i S;',~.4~, (/ 4. Why do you want to serve on this Board? C ~~I-a/ 0 I/I.L J- d -€ Or Cf....r- /PIg "/~ /'~.> n.r ~ t' Cc./.~ if _ ~""~ ",~ Ii,,*, fk,,;w.,K;-c ~..~' ("...~ "~,~ _ J.eIL t1~ {.L< ju;~,~ n r<e~.. , I 07/09/2004 12:17 17277129173 TOM CALHOUN , Name: ~S (ftlJ1 J cd,p Board Name: $/ItL!L1(' #t/l5~ Bo"u{) PAGE 03 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident) J? ~ f'! ~1~ ' .'" ...I Jf!r , ~T.E D fEe 03 1998 ~:;J, Y CLEo/; "" DEPi. Name ..J ~ W) Fl. c., k.e V1 Home Address: Office Address: 16o~ N. O~cp~l~ .LJf2Q MJJGt-t~ V- ZIP: 3 ;755 Telephone 4- 6 4- - '199'9' Telephone How Long a resident of the City of Clearwater? 4- Yt!.&t rr Occupation r..eIl' eS +-r-k ; JI'IU€rlor Employer ~e if' ZIP: Field of Education: Other Work Experience: pE) J:t:: ,'1"'" J ~ t I Co~Mt~rt'iClI Mf4~"c, Jou"'ftlt'J,-\ ~o.,...~ '('~I'.tr~.,Jt, IfIO"'''Q,1L Io.4NtJ, 1x-Goicaf''t r.tf(J~J ;l\vc1""''-'41 WI/f/" If retired, former occupation Community Activites: L O"(9~C(-i-{! I-1l-Trt...Mtu,+l (",~~(I;I rna;,.m'U1 Other Interests: ~;q,1 .e...Jell1-lc- proJlI.f.J-J',A".. <<t-pro,..r-.-I-:6111. ( {l~": ( .,.:,J..'fs, Board Service (current and past) Board Preference: &(&s +- Re.C"~4ft'ft)'1 Additional Comments: ~b €aCt.-! 4$ Signed: ~ ?~ / +k.t Ice)' +.0 CII~"'"IU:tfGr \13o/?B Date: I _____ I _____ Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 3461 8 . . 1~'lol LP-tR.) \;'..vuJ..~ <10Yl~~ ~ ~ - ..U , I II I 14JD~CP*~...J II ~ 1'J.810J VaM~.Q.1 C~i~j L.,j~. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAEiPs-'EIVED (must be Clearwater resident) J<t\,; \~ (( J-I Name:---8 ubI? e V ~ d< ook.s A t---r--1 'r'1\ A~ , Home Address; :1 0 3 $/ Q eo 1:, -e c c: 4. 7)FZ- ~ le~R.w /.14('~ 1='1. ZiD -j-37~</- Telephone: k2 7 - ij tld. - 0 8 37 How long a resident of Clearwater? t;-S- Occupation: (j:2-e J,1i d Field of Education: -r- N d t; s"';' R. / ~ / E 1\.)(7 ' AJ.t'(> ~ Office Address: I,~AR 3 1 2005 OFFICIAL RECORDl:i AND lEGISLATIVE SRVCS DEPT ZiD - Telephone: +Y-P-<lI2S / ~,. Employer: E'~ I R<4::l, Other Work Experience: Ifretired, former occupation: JJ14 AJ ~ 1 ~ ~ ~~1{ (/, IC. ~ J.. 0 c-/< hf! ~ J mk.1, r<.J/;v r a", f Community Activities:1Sf'14. vJ-,C A..C4 J, c ~ a I'Y)'O""'I -C-/ v.J" hIE' E /l;;U^-l J 1/610-'; J tieRS s..t Ch~/St/N"-, C RC-Q. - I()~'~K- --.-..<.\ A. W ~~) /JuJ~Jo ~ Oth 01 S& 1J61.1 c/-ub - vDlvJre>..j.(>fI!otf.... ('RrHvqe.. l'ht:ls.Jt'''0 er nterests: ~ ~ (; -A J , /-" b 'P ,-".0. ) ...u~ J.f l.:s )Cl1~ ) IV U ^-' J.v~ I e I Board Service (current and past): 0 Bo rd Preference: ~(>4 u.J,CI) eJ.. J, <> ~ Lovn Y<\ . CPIl /E..k s ...J- Qec.1l ~~ J) o.u J1J A. R. J(v I( JJ~... /SO~~..(. f<.~ Additional Comments: Signed: ~- Date: 3/3 / Ie!;) b l 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, 0 P. O. Box 4748. Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARDQUEsnONN~RE 1. What is your understanding of the board's duties and responsibilities? -4 d VISpS ~'( C,J.X bN ~ C OA.J J,J-(O '-'~ \'irnf(<..cY'~YV'\P'\.>~~ .J- Jl!'y-eJop-!!~~~ OC;rp~ef>>~4,'{ (:~ I'<. ftJ. tf.1<~ ..J- \R-eCtR.eq J,'~ ~ C~ Q f I t.J. ,'es , 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? c-j) ~,p 'Y' I o~;:s e c> Y'Y)"'f"Y"). ~otJ:... v, (' ~ '" C) r-. 't ...j I 'Yr"'I r<. c.. If, <. e :u J1I A fJ A,l1R ~, >1.. + Ex: f.e4Z1 ~ ^-: c.e..- ;(/ c Cj I.>.Q IN ; ~ L ~, 4.. CR~k -4 (j!Q c. \f.e I'e? $. 0 ~/'v-J k /V 0 v..:; / ~ J q e o--{l 0 I ~.)' 0 Q (') Lo \y q ~ k-s 4. Why do you want to serve on this Board? (0 0 'rf") YY'\ u A- ) J ~ I I'\;> 4 f'~t' So ~ 4-J< {U 0 l.V J <! J ~ ..(J r;)<?s 162.v-f. 1<0 9' V''f'' h ~ (k + b ~ C:;cm~"""'I+>- Nam~ Board Name:~/jf..ks ../ !k?e~. ..":r. .. ~ . !' ,I"") " CITY OF CLEARWATER - APPLICATION FOR AOVI SO RytBpAR OS , ' , (must be Clearwater resident) ._.~~) FEB 1 8 2003 Name: Elizabeth A. Lancara Home Address: 2030 Cleveland St. Office Address: , . ....( r- ..-.. . ,-,--' 'F\ r' CITY CLF:J-, . I.> ':'y.; M.",.'] , Clearwater. FL ZiD 33765 ZiD Telephone: 727-447-6209 How long a resident of Clearwater? .Eleven years Occupation: Secretary/Administrative Asst. Field of Education: Have 32 college credits, Telephone: Employ:er: curren~l~ unemp!of;it '\t(\~~\JoJcr 711l 03 - \ \ i 0.3 . Other Work Experience: , Data Entry Clerk for Title Co.. AF Recruit. Office Administrator. Customer Service Rep. If retired, former occupation: Community Activities: Skycrest Nei2hborhood Assn.. Clearwater Garden Club. volunteer for Clearwater concerts and Officer Priendly Bike Saf~tv Jambore~ . . Other Interests: PhotoQ:raphv, crochetin~r hikp. 'riding. pk,.,.~l~ '\I\O\\"'.~' ?w...~'\6 Board Service (current and past): Board Preference: None Beautification Committee Panks and Recreation Date: .:ft - / f- D~ ' , See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue APDITl6,.,)AI.- COr<\ME"J..Sr..s ~ PA\N' '!cuIL t\"^~ cuT' 0.004') ~E.IG\~8o~b~O.s CO~ 'K-e..e.~cE: ~603 A..:lQ OlOOl\' Cl4-\Ll ~'(fl'2A'JANG-~ ()..)lLo6PL.~H AIJO ;:Jfl2.Z... ,....-e6T {OL.JtJ~c.~ "J)o\J.)).,lT(::U),,:} ::U~'6N CJ::)(Y\rY\ I ~ VOl-uN\e;-C~ ttA\l.~ OA,/ v(jLL.JJJ~ .~,. .. -. ' BOARD QUESTIONNAIRE' .. , 1. What is your understanding of the board's duties and responsibilities? Members advise the commission on anyl~hanges or improves necessary to keep recreation centers and parks attractive to citizens' use. There is room for improving these facilities based on needs of residents. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I've watched the Development Board meeting on C-View. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been a resident of theSkycrest division of Clearwater for eleven years and have some knowledge of native plants that may help in improving landscaping. 4. Why do you want to serve on this Board? I wOuld love to take paTt in improvin2 Clearwater and feel that the Parks and Recreation Centers of Clearwater are a great nart of enjoying life here. Name: Elizabeth A. Lancara, B d N Parks and Recreation B, oard oar ame: ' " '. " , .:. '-- Pl:~'" '.."j FEB 1 8 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) CITY Gu.:f..;\ U+:.i\~:iT~\J!ENl Name: R -au.. C:S~~ Home Address: ) ;t~I'- c...\t..Jo~1oQ.. ~\'\)e.. ~~ ~\ ~\.ot-'\~~ Zip'3~"~ \ Telephone: 'l'Z..'\ - '\C\ \-~~'5~ How long a resident of Clearwater? 'lD u...Q.I'ZJ"'~ Occupation: ~~ I.,.,~~ \) , , I ~ Field of Education: Office Address: ~\O \e.~\\.... ~~ ~\\- ~~ ~\ t\tl.;\&... Zie "3~l&:F,S Telephone:.:J. '2." - Co,",'- '2.~\to c.~'''Z.S-a=\~9 Employer:Coa..~ ~~~~~.~ Other Work Experienc~: ~~-'~ ~6E- ~~~ \~\ '- \C\~ \~~,V"n :;)6"'" Uf-~ \n-:o.....~, "l ~~ If retired, former occupation: community~ctiViti~~: ,<:;~"\'~~-C~T\~ (~~Co~~nc>~ ~~~\E>~~:' Other Interests: + \ '_ ' ~~, ~\ Board Service (current and past): Board Preference: Cia... ~'ls ~Qa,...~::i\~~~ , Additional Comments: Signed: .Mt. Date: ~ \0 ..~cm~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue . \ ' BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1. \.-\~~ ~~ ~~~ ~4':. \.~ ~~ \~"1IIL~c..Q""'\o ~ ~,~ .. ,.. " ~ ~ ~ ~,'\\..., ~ c....-:\ V'>~.:'\ (" n~ ~G o~~ a~<.c1n ~ '?~"- a..~ '\'e.C.~ ~t ~ ~~ \\~~ . G~ "'a."'-~ a...:A a.....- - J'". - ~ ~ :- -" J, C:l ~ \~ 'oo~ ~ ~""\:o h~\~'~ ~ ~'"S.Q.. E~ ~/!U"~~ ~Q~a",""'& ~ ~'<.g~~\U ~~ Q~ ~~~ ~~~ . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~- c~\\1_ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? - U-~ os;, ~~.JJ' ~ ~~"(.. .\~\\~'S - \~~~ ~~ """".a "~\~"a~ a..~ ro~~ . ... 1 , cf - \ J..g.~~ ~~ "'""a.1-\~'2.I~-tLz.. "-~~ -\\.0 ~\-~~ . ~ c..~~~ ~S\~\~ I . .... ~~~ \~~ \~ ~t.\\- acl.\~~~ 0\ ~ ~'ls 'n~ ___y 4. Why do you want to serve on this Board? --r..~~~ \'..~ -\:... ~~~~ ~.~~~ '^~<,. ""~ \\g ~ ~ u.~ ~~~ 0-(' ~~ ~~ ~~~~ ~ u.5 ~u.. ~ ~ ~~ . -=\ \~~ ' L IW'V'O.,M . ".J .. ','Go ~ ~,~ ~')ll"'~ -=-O~ \\~ b-~ ~~ -\-.0 ~ ~ '"':L \\.~ \~. Name:0- Board Name;Vo..''L ~~ Of( LS 3 II' I I City Council '**,m*,"m~genrJ.!!mm CC;!Y.~!.J:1emora n,~u m ~"m_*,.m._mm.*,m"" Tracking Number: 2,043 Actual Date: 05/04/2006 Subject I Recommendation: Reappoint Donald F. Brackett and Peggy Cutkomp to the Neighborhood and Affordable Housing Advisory Board (NAHAS) with the term expiring on May 31, 2010. (consent) Summary: ~ o )0 ater City Council .~ge~.~a~~ov~!",,~,!!11ora nd u m",..*,_...,_~"__,.,,,*_,= BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 CHAIRPERSON: Lisa Hughes MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 2 STAFF LIAISON: CHUD-Howie Carroll DATE APPTS TO BE MADE: ASAP SPECIAL QUALIFICATIONS: Board to have 1 member in each: Residential Bldg Industry and/or those areas of labor engaged in residential bldg industry; banking/mortgage industry; advocate for low income housing; provider for low income housing and/or real estate industry; resident from one of the City's Neighborhood Revitalization Strategy areas; City resident; and resident East Clwr area. THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Donald F. Brackett - 1423 S. Hercules Ave., 33764 - Original Appointment 04/03/2003 Two Absences in 2005 resident bldg industry and/or labor engaged in resident bldg industry *finishing a term - 04/30/06 2. Peggy Cutkomp - 1955 McKinley St., 33765 - Original Appointment 06/18/1998 One Absence in 2005 real estate industry *finishing own 1st term - 04/30/06 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Donald F. Brackett - 1423 S. Hercules Ave., 33764 - Prof. Engineer resident bldg industry and/or labor engaged in resident bldg industry 2. Peggy Cutkomp - 1955 McKinley St., 33765 - Realtor real estate industry Zip codes of current members: 1 at 33755 1 at 33759 1 at 33761 2 at 33764 1 at 33765 1 at 33767 Originating: Official Rec and Legislative Svc Section Consent Agenda City Council ~~~~~I!~.,~o~~~"",~~,,!11ora nd u m""~_M"~""'_'''_'~''''''_ Category: Other Number of Hard Copies attached: 0 Public Hearing: No ~ Other Financial Information: Review Approval Cvndie Goudeau 04-19-2006 14:46:40 .} .' 11:..... . !., fl. ,..".1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) MAR 1 3 2003 Name: a'k7/tI r: BAt~ CITY C/....:l . , .' ....; ~"i;::NT Home Address: 14-2~ ~ IHrl::ttles 41/~" . ~ Cke7n(~ fl- Zip ~37Hf Telephone: &2.7) SN-6~~ Telephone: How long a resident of Clearwater? ~~ "(.,,,...J./~ h"J!.ddoMJ'c,Jf) ~ ~ti'O#"'$1- occupation~,1/IJ{(.,./1U!!fIIQ ~ployer.~~~ ~'1!t~ Field of Education: ~/JM..~/~W o~~&~t'~ene ce~ ;.:C'~ I~~~~ d,~ P1??~;~ c;iJ~~~Y':;Y IfUIl, 411 ;.; Cu9J~~~, h"7t1.Y~o/rJ fj9~ adtkwtA:/ ~t.I/'<(i' 19f;/-/{"".w 19.8.> ~h.-.uc/;;~/ :~o YP/?Y' ..; ,.(/r,rll1flsle4? a,t~er~/~ ~~ JIA If retired, former occupation: 5;1" l'J'lJl EVllIi-,p~rl GI-'f$'IJ/U~h~M lJ1,~r""'/ CI1~/n Mt!MIJ,'Ior Community Activities: pet4-r;~,/.".e Ckoro.lt:1/'".... Jkr/I Cluh {!uJ;,ti> ll/t;~G ~a.i~'Y ~,<<t 1f+7(fehW. of'~~ '1'hil ~~t' ~flf,p ~1Kn4;I..J-"';l.&I ;,JI. ~~ j.Jo".Jw.).t1of.~ck~;d. Other Interests: ,As')",;" I ~:J.:ry, ".,.'1 k;..J~ ~~ Board Service (current and past): Board Preference: NA H A 5 . JhJI?t' &tI11J,~ -IJ,'f'. c,Jg otr/e4nhf&"" C;JI1~~:n., CJ4 A4,;',1;J:J..Ji DY>>luRtp/4, Gi/~Jn,~~'<7 ~ ~~ k~~r<: ~~I' rev;Jl!uJ It!}f~fbl mqj",.. 1-n.uUp. ~~ Additional Com~ents: .:~/",!/t'! rt;2s~d~ JHGdli,pJe ~I~ "tHJI"~/.J~l-s r;.",-I: ~.~~ ~.fi, PPe.cJri,!; f' tit b~ ortjU?'11 d~.qpr 44/~ "5h~-,1a1J ~ kpy J +H-4GD 6i.."(:'~ Q/ldthYUJ:/~r Signe~~~ Office Address: . , .K'e;f~d Zio Date:~) '2-003 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue -rc/q/ !t~t of ~I'ojeds of qll1fJ~ CIS i~()d~/t$4tJ.lo/ ~~".~~?k~ C(~ well~ knl~~ (/l/ew ~ I A,.Jt,1?j J>;vvi~k~ICJal4 er/I a'U1/hUe "'1.'1 ~~ed . I it . BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 6Jdy ;?IIJew.{;~ el.laJd~/'IJ'~_ j.,,"1Jt!~ /Jt.1r-l:'~dh;~'IIr1{1vi,.i~ r ., 6)C;~, l'''f'O~#/AJ'E"~b~5 b!l ~~L1Hd II~ I;";IJ~;' f)'V} '?'/~ fdm;~ OM" mll/f,;Je r;,;..?& l~u~;~ (hIll ~~d}) htlure PI'?V:erf ~Vnj,--/D ~~(? all a~~fh, 1';'~/II"';'.11'.Jte J tJI11'i<.~. ~/nu,!u~ ~ r . , 1",11;" tb",fl"bl ~~ e)'1H,'bJl1lHl!lrllal ~~$ ,;' 9"fiF~~ , , 4-=-HavE!_You ever observed a board meeting either in person or on C-View, the City's TV station? _n, .. . ... .. , tfe5~ V~'-/h~a hdOn/ H1e~/'/~~ ~411Y ~ I/,e f't1d re/~J.9 .1 . 1 I , / . (" I I ,;,J.:. J .J 77.1 .PJe/shJ1JJ a~{)". fR/ure ~JH~fl'UchLV'J (J/'(o.J~/eMt;Il!) ~/hpt: rCduV)7!j 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 8,'};)ad ~ 9hdd ,.7 F!l)rt~ GJ4~lrblct~ cf nIl f~ .~ AI'~~ an#r q"f, a~,p/t'.Y~i' kleljh1~f~1 n:1:?~ I 5/rp 5~; t.tK~rf' .il'Jt..I~~ nfPJ!l'o/ -koi?1 ~ Flllilh.., -k "7 WJ:/hoJ? (Jb/ld~-r~tt; iw,hfew~,.~))bry/m.~rIWIP'/~n;~ {;1:N/? .si"-*Urh.l ~1~OO. 4. Why do you want to serve on this Board? ... _f~ ...1 ' ,. J &'1>>1 renred aYJd ell>> I/i"Jh~Te.er/~ l?1y I~J1:})(~<<JbNCI/ Clf:J,f ntKer ~;-0'c~~ ~;'~;'e/k~ (da~ al"'eq J;"~c14Y>~ 4tr 5k,hd~ CI:o~) ~ ;j,~k-et:',Y::~/'e5tJ;Jc{')~l;r~/- .BY -7Jt- - Seq (4$ .wem~. c/earwcf}4~~,~ . Name: J;l,AClhI/:~ NAHAB Board Name: R-t!sl',jp"i-~/ &,,;I:t~ Lt;;;'-,.;fry_..,r::!it7:L.~t.U.hJ.coh'Jt-AJvace:il? q+1C/ MCJV" f9aye/~~';'.1 .' t . .. CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: --P~c'y (Y). euTJ.{OrrJp Home Address: Office Address: /9S:~ jY)(!;,{/,JLey ST Clg?ol US ICjtJ e.t eAl2wA:-re/C Zip 2.~7~5' ~LeA-l2w/}-re4" ZiD 3'7'6<</ Telephone: ~ t? / - 9,-~ t),g Telephone: 7 R 7 - 8' 8 II How long a resident of Clearwater? /9 y ~s OccUpation: ~7t:>t7 Employer.?Re/I1le1(CRec)~R~AC Field of Education: Other Work Experience: .<3 -I- C; 11-/(; r/ S (!.:J..h!,t (JR A:- b A I ~ L/ N e fA J f) (YS--he:Y ~KKeefe/( If retired I former occupation: Community Activities: J;; Le C-r~o J A..l::1U1 B> ~R. ~tL C'a lJ~ Other Interests: Board Service (current and past): Board Preference: fJW6 Date: S /;62 / 9 ~ See attached list for tloards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ) RECEI'TED ~~+ ~ ft if~~~~~IJeO C;:'::K::PT ----~ j . . .. BOARD QUESTIONNAIRE , . 1. What is your understanding of the board's duties and responsibilities? /(; Keep C/:aJec~ o,j {JIC{)(O~Itr1JS ~ I -rhA-I -a- fiJt9Vs/AJG---rD /YJ/1-/ce (!..L~.A---fe/C A- t?~/1?tdllJ J ~ -rhA--r (7/M 8 e . P(ij)uD 19+ J ~ (' --JJ (ht;?U I3vlGl/eops . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? yes - BaTIJ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Boai'd? J..ht:N e B~ 4- f<eA-L --foR I A J ~I.S ~eA- 5/wc.e 198.;z. tUOl2-k.e.-.o J~ 8: LL tt/CeA-S ~ The- ~ t+J -- KAx:M) ~~ weLt. 4. Why do you want to serve on this Board? ~ 1k.?Ll:/f f) '. /.j e.e P(.t.J I a 8 e A J I'(Y>,vc J LJtYP___ "tV .~ ReALtf)~ NDw seRtJ/AJr;: NDT (;;.o1,Jr-; IJ2 ::iilQ-Y o',)~ WeeD Nam[?~'f (1)>Tkmnf Board Name:~Pr8 ~ J;; 1"'9 1r.'9 .... c. .. ~ ":.J r.4, I 1'R D -. ......' " ~ .L:4 _..' IIQA ~. I5 1998 G!TV' r'.. . ....LeR&< DEp T: C--A q II-IL ater City Council .....,.._..,~,~~"~a ~"!:!v~~........~..~,!!,orandum""..__,._,"",_~...",___ Tracking Number: 2,045 Actual Date: 05/04/2006 Subject / Recommendation: Authorize an increase of $150,000 to the monetary limit on the contract with the firm of Thompson Goodis for outside counsel services related to representation in Crouch v, City of Clearwater, et aI., Case No. 93-2860-CI-21, and approve an increase of $75,000 to the City Attorney's Operating budget to be funded from the retained earnings of the general fund, Summary: The City has been involved in litigation relating to a claim of Excessive Force against Chief Sid Klein and former Police Officer Robert P. Milliron regarding an incident that occurred on August 16, 1991 during which John Crouch was shot and killed by Officer Milliron. The City Commission approved outside counsel services for the defense of this case on November 8, 1993. The Plaintiffs have been extremely resistant to mediation, arbitration, or settlement of this case. This case has been set for trial three times in the last 6 months. In January it was continued to the March docket. On March 6, 2006, during jury selection the court struck the entire jury panel after making unsolicited comments about Officer Milliron, which were inadmissible at a civil trial. The case has been rescheduled for trial beginning July 10, 2006. Because the Plaintiffs have not been deposed since the beginning of this case, our outside counsel will need to re-depose them, prepare for and attend the trial. An additional budget of $150,000 is estimated for the full defense of this lawsuit through trial. Funding in the amount of $75,000 for this contract is available within the City Attorney's professional services budget. A mid-year budget amendment will provide the transfer of $75,000 to the City Attorney's Office Budget from the unappropriated retained earnings of the General Fund to provide funding for the remaining $75,000. Originating: City Attorney Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Sole Source .. City Council ~~_~g..!!nd~.."...~O~!!.~J~l!!mora nd u m .,,'_,._.,,'''~,~ In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $75,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Appropriation Code(s) Amount 0010096005301005140000000 $75,000.00 Comments Review Approval Pam Akin 04-10-2006 09:51:11 Tina Wilson 04-10-2006 10: 10:53 Cyndie Goudeau 04-24-2006 08:37:29 ." I I:)' , City Council Agenda Cover Mem~rand!l_~ Tracking Number: 2,081 Actual Date: 05/04/2006 Subject / Recommendation: Adopt Resolution 06-31, urging the County Charter Review Commission (CRC) to oppose excluding elected officials on future CRCs; Adopt Resolution 06-32, opposing the CRC proposal to eliminate the dual referendum for a change of any function, service, power or regulatory authority of a muncipality and Adopt Resolution 06-33, urging the CRC to reject all proposed provisions related to annexation policy. Originating: City Attorney Section City Attorney Reports Category: Other Financial Information: ~ Other Review Approval Pam Akin 05-04-2006 09: 18:40 RESOLUTION NO. 06-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, URGING MEMBERS OF THE PINELLAS COUNTY CHARTER REVIEW COMMISSION TO OPPOSE THE EXCLUSION OF ELECTED OFFICIALS ON FUTURE CHARTER REVIEW COMMISSIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pinellas County Charter Review Commission has discussed the composition of future Charter Review Commissions; and WHEREAS, the Charter Review Commission has taken an initial vote that would remove all elected officials currently specified to server on the Charter Review Commission; and WHEREAS, local elected officials work closely on a daily basis with issues contained within the Pinellas County Charter, and as such bring a knowledge base to the "lay" membership that combines to assist in explaining any need for proposing changes to the Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That this Council is opposed to removing the provision from the current Pinellas County Charter that elected members serve on future Pinellas County Charter Review Commissions. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution 06-31 -1 I ! RESOLUTION NO. 06-32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OPPOSING A PROPOSAL OF THE PINELLAS COUNTY CHARTER REVIEW COMMISSION THAT WOULD ELIMINATE THE DUAL REFERENDUM REQUIREMENT FOR A CHANGE OF ANY FUNCTION, SERVICE, POWER OR REGULATORY AUTHORITY OF A MUNICIPALITY, SPECIAL DISTRICT, OR THE COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pinellas County Charter Review Commission has tentatively approved a proposal to amend section 6.04 of the County Charter to remove the requirement that the voters of the county and the voters of an affected municipality or special district must approve by dual referendum any amendment to the charter that would change any function, service, power, or regulatory authority of a municipality, special district, or the county; and WHEREAS, the proposed amendment, if adopted and if interpreted liberally, would erode the authority of the municipalities and special districts of Pinellas County by permitting the usurpation of their functions and regulatory authority; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That this Council is opposed to the proposed amendment to the County Charter that would remove the requirement that the voters of the county and the voters of an affected municipality or special district must approve any amendment to the charter that would change any function, service or regulatory authority of a municipality, special district, or the county. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution 06-32 RESOLUTION NO. 06-33 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THAT THE PINELLAS COUNTY CHARTER REVIEW COMMISSION REJECT ALL OF THE PROPOSED CHARTER PROVISIONS RELATED TO ANNEXATION POLICY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed charter provisions make annexation more difficult and help to preseNe the status quo of inefficient city/county jurisdictional boundaries; and WHEREAS, the proposed changes would conflict with statewide annexation law creating a precedent for a hodgepodge of inconsistent and conflicting annexation laws across the state; and WHEREAS, the 50% coterminous rule for referendum annexations, hereafter referred to as "property owner referendums" annexations, is overly simplistic and arbitrary and further restricts a city's ability to annex; and WHEREAS, the requirement that parcel and acreage consent exceeds 67% for property owner referendums is overly burdensome and arbitrary and completely without justification; and WHEREAS, property owner referendums are a vote of the property owners and should have no greater requirement for a majority than an annexation referendum of registered voters (simple majority); and WHEREAS, the 60/30 day revocable written consent proposal for property owner referendums will create an opportunity for consenting property owners to be harassed and threatened by opposing property owners up to and including at the annexation public hearing(s); and WHEREAS, the 60/30 day revocable written consent proposal would essentially allow property owners to change their "vote" after the election; and WHEREAS, the 60/30 day revocable written consent proposal will introduce a tremendous amount of chaos and conflict in a system that is currently sound and effective; and WHEREAS, limiting repeat annexations to seven years is overly long and unnecessarily restricts the rights of residents to have a choice regarding annexation; and Resolution 06-33 WHEREAS, the proposed notice requirements for all referendum types are unprecedented and far exceed any notice requirement for any other type of election or referendum regardless of the subject; and WHEREAS, the proposed notice requirements are overly burdensome, add unnecessary cost to the process and are no more than an additional step that complicates the process and increases opportunities for conflict and litigation in order to prevent annexation in general; and WHEREAS, the proposed incentive limitation language creates confusion and is already addressed by existing laws; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That this Council is opposed to the proposed amendment to the County Charter regarding annexations, and requests that the Pine lias County Charter Review Commission reject all of the proposed annexation policy related charter and legislative proposals. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution 06-33