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10/02/2014
Thursday, October 2, 2014 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda October 2, 2014City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance - Councilmember Jonson 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) 4.1 Domestic Violence Awareness Month Proclamation, October 2014 - Caitlin Higgins-Joy from RCS; Meaghan Harris, CASA Peacemaker 4.2 Pinellas County Schools Mentoring Program - Demorris Lee, Communications Coordinator 4.3 Fire Prevention Week Proclamation, October 5-11, 2014 - Fire Marshal Steve Strong 4.4 Florida Manufacturing Day Proclamation, October 3, 2014 - Becky Burton, May Area Manufacturing Association (BAMA) 4.5 Public Natural Gas Week Proclamation, October 5-12, 2014 - Chuck Warrington, Clearwater Gas System Managing Director 4.6 World Homeless Day Proclamation, October 10, 2014 - Ekaterini Gerakios-Siren, Economic Development 5. Approval of Minutes 5.1 Approve the minutes of the September 18, 2014 City Council meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda - None. Page 2 City of Clearwater Printed on 12/16/2014 October 2, 2014City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Authorize the funding of city medical insurance and a contract between the City and Cigna Healthcare for administrative services under a partial self-insured funding arrangement for the period of January 1, 2015 to December 31, 2015 at a total cost not-to-exceed $16.8 million, to be funded through city budgeted funds, payroll deduction of employee premiums, and reserves from the City’s Central Insurance Fund. (consent) 7.2 Approve the Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for a three-year term beginning October 1, 2014 through September 30, 2017 and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the non-standard 10’ wide concrete sidewalk on the north side of SR 590, NE Coachman Road and authorize the appropriate officials to execute same. (consent) 7.4 Award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida Bid 25-13, for $243,099 to perform Phase II of structural caulking and concrete repairs needed throughout Bright House Field stadium. (consent) 7.5 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding of youth programs, at a rate of $22.56 per child, per day; approve a first quarter budget amendment of $402,442 into 181-99872, and authorize the appropriate officials to execute same. (consent) 7.6 Approve increased funding for Special Program Fund Special Events (181-99865) by $275,000 from unappropriated retained earnings to assist in funding City Centennial Celebration Events including a major concert at Coachman Park ($200,000), and a downtown parade with fireworks ($75,000). (consent) 7.7 Approve Sponsorship Agreement (Agreement) between the City and CBS Radio Stations, Inc. (CBS Radio) for MAXIMA’S Hispanic Heritage Concert (Event) to be held at Coachman Park on October 12, 2014 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 12/16/2014 October 2, 2014City Council Meeting Agenda 7.8 Award a contract (purchase order) to TS Sports of Dallas, TX, Bid 14-0030-PR for the construction and installation of a new video and scoreboard for Bright House Field which includes a 10% contingency, for $680,484; and transfer $776,214 to Bright House Field Repairs (CIP315-93640) from unappropriated retained earnings to complete the funding for this project and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office to commence October 1, 2014 and remain in full force and effect unless terminated in writing by either party and authorize the appropriate officials to execute same. (consent) 7.10 Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period November 1, 2014 through October 31, 2017, and authorize the appropriate officials to execute same. (consent) 7.11 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the East Water Reclamation Facility Generator and Marshall Street Water Reclamation Facility Lab Electrical Improvements Project (11-0025-UT) in the amount of $1,527,457.00, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.12 Approve an Engineer of Record (EOR) work order to Leggette, Brashears and Graham (LBG) of Tampa, Florida, in the amount of $155,736 for project related services permitting a Class I deep injection well for disposal of Reverse Osmosis Plant by-product and authorize the appropriate officials to execute same. (consent) 7.13 Blanket Purchase Orders for Baker and Taylor, Ingram Library Services and Midwest Tape for the acquisition of library books and audiovisual materials for the contract period of October 1, 2014 through September 30, 2015, and authorize the appropriate officials to execute same. (consent) 7.14 Award a contract (purchase order) to lease desktop and laptop computers for three years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,125,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-WSCA-10-ACS; and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM Page 4 City of Clearwater Printed on 12/16/2014 October 2, 2014City Council Meeting Agenda 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 Provide direction on the proposed Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-07004 - 40 Devon Drive) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8581-14 on second reading, annexing certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.2 Adopt Ordinance 8582-14 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 addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.3 Adopt Ordinance 8583-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.4 Adopt Ordinance 8588-14 on second reading, annexing certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 5 City of Clearwater Printed on 12/16/2014 October 2, 2014City Council Meeting Agenda 9.5 Adopt Ordinance 8589-14 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 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial General (IG). 9.6 Adopt Ordinance 8590-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Research and Technology (IRT). 9.7 Adopt Ordinance 8592-14 on second reading, approving the vacation of a portion of Brownell Street, a city right-of-way. (VAC2014-01 Fire Station 45) 9.8 Adopt Ordinance 8599-14 on second reading, amending Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or entities with three or more outstanding parking violations. 9.9 Adopt Ordinance 8600-14 on second reading, amending Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional special events alcohol permits in the downtown area of Clearwater between Drew Street and Pierce Street, North and South and between Myrtle Street and the waterfront and allow for metal containers at special events. 9.10 Adopt Ordinance 8601-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014 to reflect increases and decreases in revenue and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Airpark Fund, Parking Fund, General Services Fund, and Garage Fund. 9.11 Adopt Ordinance 8602-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of $2,095,802. 10. City Manager Reports 10.1 Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation and modification of several city facilities in the amount of $294,705 under S.R. 590 From West of Marilyn Street to East of Audrey Drive; adopt Resolution 14-31, and authorize the appropriate officials to execute same. 10.2 Approve the Interlocal Service Boundary Agreement between the City of Clearwater, Florida and Pinellas County which would allow voluntary annexations of non-contiguous properties within Type A enclaves and pass Ordinance 8587-14 on first reading. Page 6 City of Clearwater Printed on 12/16/2014 October 2, 2014City Council Meeting Agenda 10.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2014/15, 2015/16, and 2016/17 and authorize the appropriate officials to execute same. (consent) 10.4 Amend the City of Clearwater Money Purchase Pension Plan Second Restatement to comply with Section 7121 of the IRS Code, codify the amended Second Restatement as Division 6, Chapter 2, Clearwater Code of Ordinances, and pass Ordinance 8612-14 on first reading. 10.5 Amend Chapter 2, Article V, Division 3 of the City of Clearwater Code of Ordinance amending the Employee Pension Plan to comply with Section 401(a)(31)B of the Internal Revenue Code, and pass Ordinance 8607-14 on first reading. 10.6 Approve a recommendation by the Public Art and Design Board for the commission of a public art installation entitled Accumulate to be installed at Fire Station 45 located at 1140 Court Street, as designed by artist Aaron Stephan for a total cost of $106,950.00 to be funded from the Main Station Fire Construction capital improvement project. (consent) 10.7 Approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. 10.8 Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after November 1, 2014, and pass Ordinance 8591-14 on first reading. 10.9 Appoint a member to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. 10.10 Appoint one member to the Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2017. 10.11 Change November 20, 2014 Council Meeting Start Time. 11. City Attorney Reports - None. 12. Other Council Action - None. 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 7 City of Clearwater Printed on 12/16/2014 October 2, 2014City Council Meeting Agenda Page 8 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-512 Agenda Date: 10/2/2014 Status: FiledVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Domestic Violence Awareness Month Proclamation, October 2014 - Caitlin Higgins-Joy from RCS; Meaghan Harris, CASA Peacemaker SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-539 Agenda Date: 10/2/2014 Status: FiledVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Pinellas County Schools Mentoring Program - Demorris Lee, Communications Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-513 Agenda Date: 10/2/2014 Status: FiledVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Fire Prevention Week Proclamation, October 5-11, 2014 - Fire Marshal Steve Strong SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-514 Agenda Date: 10/2/2014 Status: FiledVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Florida Manufacturing Day Proclamation, October 3, 2014 - Becky Burton, May Area Manufacturing Association (BAMA) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-519 Agenda Date: 10/2/2014 Status: FiledVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Public Natural Gas Week Proclamation, October 5-12, 2014 - Chuck Warrington, Clearwater Gas System Managing Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-530 Agenda Date: 10/2/2014 Status: FiledVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.6 SUBJECT/RECOMMENDATION: World Homeless Day Proclamation, October 10, 2014 - Ekaterini Gerakios-Siren, Economic Development SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-574 Agenda Date: 10/2/2014 Status: PassedVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the September 18, 2014 City Council meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 City Council Meeting Minutes September 18, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, September 18, 2014 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order - Mayor Cretekos The meeting was called to order at 6:01 p.m. at City Hall. 2. Invocation - Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 3. Pledge of Allegiance - Councilmember Hamilton 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) - Given. 4.1 Service Awards The September/October 2014 Bimonthly Team Award to District 3 Team N: Sgt. Sean Allaster, Corp. Steven Squilante, Officer Thomas Bracalento, Officer Carlos Lang, Officer Carl Conyers, Officer Michael Duffy, and Officer Fontayne Egger. 4.2 Public Safety Award Recognition - Detective McBride and Officer Pita Mayor recognized Detective McBride for receiving 2013-14 Florida Missing Children’s Day Law Enforcement Task Force Team of the Year Award and Officer Pita who was honored for her efforts in a human trafficking investigation. 4.3 Day of Remembrance for Murder Victims Proclamation, September 25, 2014 - Yolanda Cowart, Springtime Club Page 2 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 5. Approval of Minutes 5.1 Approve the minutes of the September 4, 2014 City Council meeting and the September 4, 2014 Attorney Client Session as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the September 4, 2014 City Council meeting and the September 4, 2014 Attorney Client Session as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Tom Petersen expressed concerns regarding pending charges against Dave Clark, former Executive of Clearwater Cay, with a ponzi scheme involving a vacation rental project in Pinellas County that would have rivaled Disney. Tom Nocera urged Council to demand the resignation of PSTA’s Chief Executive Officer and reconsider endorsing the Greenlight Pinellas Plan this point forward. Shawn Schrader thanked Council for recently approving traffic calming funding for the Hillcrest Neighborhood. Carl Schrader said he looks forward to Urban Land Institute’s final report and hopes it is a starting point for all stakeholders to improve relations and work toward a common goal. Joe Corvino thanked Council for pursuing ULI’s panel study on Downtown and suggested that consideration be given to pursue the master plan rather than individual recommendations which can appear dated when piecemealed. 7. Consent Agenda – Approved as submitted. 7.1 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $168,862.71, for a 12-month period beginning October 1, 2014 and ending September 30, 2015 and authorize the appropriate officials to execute same. (consent) 7.2 Appoint Caitlein Jayne Jammo to the Clearwater Housing Authority Board with term to expire September 30, 2018. (consent) 7.3 Appoint Lindsay Collins to the Environmental Advisory Board with term to expire Page 3 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 September 30, 2018. (consent) 7.4 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2014/2015 in the amount of $168,788.10 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program for fiscal years 2012-2017. (consent) 7.5 Approve a contract in the amount of $406,175.40 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, 2014 through September 30, 2015 and authorize the appropriate officials to execute same. (consent) 7.6 Approve the third amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one-year period, authorize funding in the amount of $50,000 in Fiscal Year 2014-2015 for the operation of the Beach Visitor Information Center (BVIC), and authorize the appropriate officials to execute same. (consent) 7.7 Approve an amendment to Southwest Florida Water Management District (SWFWMD) agreement for the Smallwood Circle Stormwater Improvements Project (N395) extending the contract expiration date to September 30, 2015 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a one-year Grant Funding Agreement, in the amount of $166,993 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Supplemental Work Order to Harvard Jolly, Inc., Architect of Record (AOR), for Threshold Inspections necessary for the construction of Countryside Branch Library (11-0059-LI), in the amount of $10,560 and authorize the appropriate officials to execute same. (consent) 7.10 Approve the Release and Termination of restrictions executed by Forrest Garrison as owner upon certain privately owned land located in the NE 1/4 of the SE 1/4, Section 19-29-16 (Far Horizons Mobile Home Park), whose post office address is 18746 U.S. Highway 19 North, which were originally accepted by the Clearwater City Commission on May 20, 1976, and authorize the appropriate officials to execute same. (consent) 7.11 Award a contract (Purchase Order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2014 through October Page 4 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 31, 2015 in an amount not to exceed $331,600 in accordance with Sec 2.564 (1) (d), Code of Ordinances, under State Contract DMS-1011-008C, and authorize the appropriate officials to execute same. (consent) 7.12 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1’s, credit/collect calls and backup trunks during the period of October 1, 2014 to September 30, 2015 at a cost not to exceed $123,095, in accordance with Sec 2.564 (1) (e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) 7.13 Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2014 to September 30, 2015 for software maintenance at a cost not to exceed $264,300, in accordance with Sec. 2.564 (1) (b) Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) 7.14 Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long distance service, State AIN Centranet lines and toll free lines during the period of October 1, 2014 to September 30, 2015 at a cost not to exceed $103,565 in accordance with Sec 2.564 (1) (d), Code of Ordinances, under State Contract 730-000-09-1, and authorize the appropriate officials to execute same. (consent) 7.15 Agree to Equal Employment Opportunity Commission (EEOC) conciliation agreement between Rose Lara and the City of Clearwater and settle the case for $50,000 and authorize the appropriate officials to execute same. (consent) Vice Mayor Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Adopt Ordinance 8584-14 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015, for operating purposes, including the funding of pensions, debt services, and road maintenance for Capital Improvement expenditures at 5.1550 mills. The levy of 5.1550 mills constitutes a 5.92% increase from the rolled back rate of 4.8667 mills. Ordinance 8584-14 was presented and read in full. Councilmember Polglaze moved to adopt Ordinance 8584-14 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning Page 5 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 October 1, 2014 and ending September 30, 2015, for operating purposes, including the funding of pensions, debt services, and road maintenance for Capital Improvement expenditures at 5.1550 mills. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.2 Adopt Ordinance 8585-14 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Ordinance 8585-14 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8585-14 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.3 Adopt Ordinance 8586-14 on second reading, adopting the Capital Improvement Budget for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015, approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. Council thanked Budget Director Tina Wilson for her dedicated service to the City and wished her a happy retirement. Ordinance 8586-14 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8586-14 on second reading, adopting the Capital Improvement Budget for the Page 6 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Fiscal Year beginning October 1, 2014 and ending September 30, 2015, approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.4 Approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-25, and authorize the appropriate officials to execute same. (HDA2013-08006) Development Proposal: No changes have been made to the Development Proposal, Agreement, Conceptual Site Plan or Conceptual Elevations presented at the September 4, 2014 Council meeting. The owners propose to utilize the otherwise permitted density of 50 units per acre or 66 units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 166 units (126 units per acre). Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the September 4, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: Minimum Lot Area and Width Minimum Setbacks Maximum Height Minimum Off-Street Parking Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the September 4, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: Design Guidelines Hotel Density Reserve Page 7 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of up to 100 units from the Hotel Density Reserve or a maximum density of 126 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design. The City Attorney said the Applicant did not approve staff’s language amending the agreement to provide for 10 ft. sidewalks. The language provided included all of the rights-of-way, which would have meant Coronado Drive, Hamden Drive and 5th Street. In response to questions, Planner Mark Parry said the rendering submitted by the Applicant is a conceptual site plan with conceptual elevations. The conceptual plans represent the project the Applicant intends to build; any changes at the design stage would go before the CDB. The concept plans approved by Council that received units from the reserve had 7 ft.-wide Page 8 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 sidewalks along Coronado and some along Gulfview Boulevard had 8 ft.-wide sidewalks. Pervious materials allow rainfall to percolate into the soil. Impervious material does not allow rain to percolate. Mr. Parry said impervious material causes stormwater flooding. Applicant representative Ed Hooper said at the last council meeting the Applicant committed to 10 ft.-wide sidewalks and presented a plan that reflected 10ft.-wide sidewalks. Since then, the Applicant is conflicted with the fact that the rest of Coronado Drive, to include most of the non-Beachwalk area have 7 ft.-wide sidewalks. A fair amount of the sidewalks in this area have palm trees and the streetlights in the middle. The Applicant is questioning why he is being asked to be inconsistent. Mr. Hooper said 5th Street is a short street not heavily traveled by pedestrians. Coronado Drive is the main north-south road on Clearwater Beach and is heavily traveled. The Applicant is unsure of what the majority of Council wants him to do; consensus is needed in order to move forward. In response to questions, Mr. Hooper said the Applicant has brought two projects before Council that were approved, this is the final project. The first two projects did not have the sidewalk restriction. Hamden Drive is a small street with little property on the east for redevelopment potential. The architect testified at the last meeting that the southern end of the property, where Coronado makes a bend, a 10-ft. swath would go beyond the current right-of-way and would extend 3 ft. into the property site. Discussion ensued with support expressed for the 7 ft.-wide sidewalks, which is consistent with existing sidewalks in area. Concerns were expressed regarding the negative impact 7 ft.-wide sidewalks would have on the pedestrian experience and that the Applicant submitted documentation that cited 10 ft.-wide sidewalks. Mr. Hooper said site plans and detailed site work will go before the Community Development Board. The Applicant looked at his projects that were previously approved by Council which did not include the 10 ft.-wide sidewalk requirement and feels singled out. The current development agreement does not address sidewalks. The City Attorney said the development agreement does not include any language to the sidewalk width. In response to questions, Planning and Development Director Michael Delk said some sidewalks on Coronado Drive may be wider than 7 ft. because the City was able to receive an easement. The right-of-way width along Coronado Drive varies. Architect Istvan Peteranecz said the length of the entire property is 350 ft. Planner Mark Parry said the project on 443 East Shore Dr provides 10 ft.-wide sidewalk and those along Coronado provide 7 ft.-wide sidewalks. Mainstream projects A/B have not gone through the flexible development Page 9 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 process yet. Mr. Hooper said this is step one of the process; Council may direct the City Manager to suggest certain conditions for approval. Councilmember Hamilton moved to approve Item 8.4 as submitted with the 7 ft.-wide sidewalk being sufficient. The motion was duly seconded. Councilmember Jonson moved to amend the motion to read, “Approve Item 8.4 as submitted, except for a 10 ft.-wide sidewalk on Coronado.” Motion failed for lack of a second. The City Attorney said the sidewalk width is not referenced in the development agreement as it will be addressed at the site plan review process. Engineering Director Mike Quillen said the sidewalks on Coronado Drive are 7 ft.-wide all the way to Hamden Drive. It was suggested to strike reference to the sidewalk width from the motion. Councilmember Hamilton moved to amend the motion to read, “approve Item 8.4 as submitted. The motion was seconded. Mayor Cretekos, Vice Mayor Hock-DiPolito and Councilmembers Hamilton and Polglaze voted “Aye;” Councilmember Jonson voted “Nay.” Motion carried. Councilmember Hamilton moved to approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design. The motion was seconded. Mayor Cretekos, Vice Mayor Hock-DiPolito and Councilmembers Hamilton and Polglaze voted “Aye;” Councilmember Jonson voted “Nay.” Motion carried. Resolution 14-25 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution 14-25. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton and Councilmember Polglaze Nays: 1 - Councilmember Jonson Page 10 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Motion carried. 8.5 Approve a Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-29, and authorize the appropriate officials to execute same. (HDA2014-06004) Development Proposal: No changes have been made to the Development Proposal presented at the September 4, 2014 Council meeting. The applicant has committed to the provision of a bicycle rack the location, materials and installation methodology of which will be coordinated with Staff as part of the site plan review process. The owners propose to utilize the existing 127 hotel units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 227 units (114 units per acre). Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the September 4, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: Minimum Lot Area and Width Minimum Setbacks Maximum Height Minimum Off-Street Parking Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the September 4, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: Design Guidelines Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of up to 100 units from the Hotel Density Reserve or a maximum density of 114 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407; Page 11 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending APPROVAL of this Development Agreement for the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design. The City Attorney said the stub-out issue and the removal of pavement will be addressed in the flexible land development process. This matter has been conceptually agreed upon but not included in the development agreement. Engineering Director Mike Quillen said the Applicant will remove the frontage road; the City will handle any utility conflicts. The Applicant will replant the area with similar landscaping currently in place on both sides. The City will assume the maintenance of the landscaping. Applicant representative Ed Hooper agreed that the stub-out issue will be addressed at demolition by the Applicant. Mr. Hooper said he agreed with Mr. Quillen’s comments. Councilmember Jonson moved to approve a Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design The motion was duly seconded and carried unanimously. Resolution 14-29 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution 14-29. The motion was duly seconded and upon roll call, the vote was: Page 12 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.6 Approve a second amendment to the first amended and restated Development Agreement between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater, adopt Resolution 14-30, and authorize the appropriate officials to execute same. (DVA2014-07005) Development Proposal: The proposal remains consistent with that as included with FLD2008-05013 and DVA2008-00001A. A resort hotel containing 250 overnight accommodation rooms and 200 interval ownership/ timeshare rooms; a total of 450 rooms (163.6 rooms/acre on total site) with 250 rooms being granted to the project from the Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). The owners propose a second amendment to the first amended and restated Development Agreement. Consistency with the Community Development Code: The Site Plan continues to appear to be consistent with the CDC with regard to: Minimum Lot Area and Width Minimum Setbacks Maximum Height Minimum Off-Street Parking Landscaping Consistency with Beach by Design: The site plan associated with FLD2008-05013 and DVA2008-00001A and substantially unchanged although a minor amendment was approved on November 13, 2013 by the Community Development Coordinator pursuant to CDC Section 4-406. The minor revisions included the following: Ballroom/Banquet Facility: The ballroom remains in the same location, but the height of has been reduced by 22 feet. The spa that was previously located above the ballroom has been relocated to the Connecting Element that connects the two towers. Connecting Element: This building massing has been setback approximately 30 feet from Coronado Drive. This building component was also reduced in height by 47 feet. Building Podium: The building podium between the towers in the approved design is four levels above Beach Walk, at a height of approximately 38 feet - with the pool deck located on top of the raised platform. The proposed design has reduced the podium structure between the towers in height. The top of the podium/pool deck is now approximated five feet above Beach Walk. The half level separation from Beach Walk to the Page 13 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 pool/amenity deck and restaurant is accessible by way of flanking sets of steps as well as a set of flanking ADA compliant ramps. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: Design Guidelines Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years and includes the following main provisions and amendments: Section 1.01 • Paragraph 14: Reverses the deletion of this paragraph in the most recent amended Development Agreement (DVA2008-00001A) to reinstate the applicant’s intent to establish a maximum of 200 time share units. The most recent amendment provided that the Applicant was no longer interested in interval ownership/timeshare usage; • Paragraph 16: provides a clarification differentiating between the 250 hotel units allocated from the Destination Resort Density Pool and those units designated as Interval Ownership; • Paragraph 29: Adds a specific unit count of 450 units to the sentence, “Resort Hotel Units means both Interval Ownership Units and Hotel Units.” • Paragraph 34: Adds a new paragraph which clarifies what a “Timeshare Interest” is, allows that such units may be created and sold, the timeframes in which such units may be used, specifies that the creation of such units requires no further City approval and that a mixed use project (consisting of both hotel and timeshare units) is permitted. Section 2.03 • Paragraph 1 o Subparagraph c: The specific number of allotted units (250) is deleted and adds the inclusion of an Exhibit O which provides detailed descriptions of the amounts and types of provided amenities. o Subparagraph d: This clarifies that the area of the building labeled as “Timeshare” is where the Interval Ownership units are located. Exhibit C: Relates to Sec. 2.03 Paragraph 2 and basically adds a section to the beginning of the exhibit which provides that as long as the Resort Hotel is operated in accordance with the standards of the Wyndham Grand Resort that the requirements of Exhibit C are met. It also provides that the Interval Ownership Units will meet those same standards. Commencement Date: the Commencement Date throughout the document Page 14 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 is moved to February 15, 2015. Section 3.03 • Paragraph 2: This section was amended in the last version of the DVA and is amended again here to reference the fact that this is the second amendment, to provide a date certain (September 12, 2018) that the City agrees to reserve required capacity (the most recent version simply provided a three year time frame where this version is for three years seven months - February 15, 2015 to September 12, 2018) and the effective date is deleted since an effective date is provided elsewhere. Section 5.03 • Paragraph 10: This is a new paragraph and provides that a Quit Claim Deed, held in escrow, will be provided to the Developer when construction starts. It also provides that, provided within the Development Agreement, an acknowledgement will state that all condition with regard to right-of-way vacations have been met. Preliminary Plans/Exhibit B • The applicant proposes to substitute the site plans previously attached to the Development Agreement with the site plans approved by the CDB (FLD2008-05013) and subsequently amended through a minor revision on November 13, 2013 (outlined in the Site History section of this report, above). Section 5.04 • Paragraph 7: This section was deleted in the last amendment and is largely, although not exactly, reinstated here. It provides that there will be shared use agreement with regard to various spaces, amenities and common areas which may be jointly used by occupants of the hotel units and timeshare units. It also provides that the Hotel and Timeshare components may be operated by more than one operator. • Paragraph 10. This provides an acknowledgement from the City that the Developer has met the requirements of the Performance Assurance Milestones. • Paragraph 11: This is a new paragraph and adds the aforementioned new Commencement Date of February 12, 2015. Section 16.01 • Paragraph 1 o Subparagraph f: this is a new subparagraph and it provides that a transfer of ownership to any mortgage lien holder due to a foreclosure or similar event does not require the consent of or notice to the City. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual Page 15 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Community Development Board will review this second amendment to the first amended and restated Development Agreement at its public hearing on September 16, 2014, and the Planning and Development Department is recommending that the Community Development recommend approval of the request. The City Attorney said there was one minor change made prior to the submission to the Community Development Board relating to who will be approving their quality standards. The time share component will be approved by Wyndham Time Share and the hotel component will be approved by Wyndham Grand Hospitality. Planner Mark Parry said the Community Development Board reviewed the request on September 16 and recommended approval. Councilmember Polglaze moved to approve a second amendment to the first amended and restated Development Agreement between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 14-30 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 14-30. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1260 Palm Street (Lot 24, Block A, Cleardun in Section 3, Township 29 South, Range 15 East) and 1283 Palm Street (Knight’s Acres Lots, Lot 17, N. 18.4ft of Lot 18 in Section 3, Township 29 South, Range 15 East) together with the abutting rights-of-way of Palm Street and N. Betty Lane; and pass Ordinances 8581-14, 8582-14 and 8583-14 on first reading. (ANX2014-07012) This voluntary annexation petition involves two parcels of land totaling 0.306 acres. One parcel is occupied by a single-family dwelling and the other parcel is occupied by a multi-family dwelling (3 units). The two lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are requesting annexation in order Page 16 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to existing City boundaries along at least one property boundary. The Development Review Committee is proposing that the 0.331-acres of abutting Palm Street and Betty Lane rights-of-way not currently within the City limits also be annexed. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants will connect to the City’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject property located at 1260 Palm Street is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The property located at 1283 Palm Street is an existing triplex (attached dwelling), and although the use is allowed within the Low Medium Page 17 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Density Residential (LMDR) District through the Flexible Standard Development process, the property is nonconforming with regard to density and lot width. The provisions of Community Development Code Article 6 Nonconformity Provisions will apply to this property once annexed into the City. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1260 Palm Street (Lot 24, Block A, Cleardun in Section 3, Township 29 South, Range 15 East) and 1283 Palm Street (Knight’s Acres Lots, Lot 17, N. 18.4ft of Lot 18 in Section 3, Township 29 South, Range 15 East) together with the abutting rights-of-way of Palm Street and N. Betty Lane. The motion was duly seconded and carried unanimously. Ordinance 8581-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8581-14 on first reading. The motion was duly seconded and upon roll call, the vote: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Ordinance 8582-14 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 8582-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Ordinance 8583-14 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8583-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Page 18 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Jonson, Councilmember Hamilton and Councilmember Polglaze 8.8 Approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1710 Calumet Street (Metes and Bounds Tract 34/271 in Section 01, Township 29 South, Range 15 East) along with the ingress/egress easement of Calumet Street; and pass Ordinances 8588-14, 8589-14 and 8590-14 on first reading. (ANX2014-07010) This voluntary annexation petition involves a 1.5 acre property consisting of one parcel of land occupied by a light manufacturing facility. It is located on the south side of Calumet Street, approximately 1,140 feet west of Hercules Avenue. The applicant, Instrument Transformers, will demolish the existing structures on this site in order to provide parking for their existing facilities, which were previously annexed into the City. They are requesting solid waste service from the City upon annexation. The property is located within an enclave and is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Industrial General (IG) and a zoning category of Industrial, Research and Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. Sewer is not readily available for this site, but it is not needed for the proposed parking use. The applicant is aware of the additional costs to extend City sewer service to this property if it is desired in the future. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. 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; and • The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 19 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 • The proposed IG Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits light and/or heavy manufacturing, wholesale, warehouse, research/development and vehicular salvage. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) District. The use of the subject property is consistent with the uses allowed in the District. The parcel exceeds the District’s minimum lot area requirement and meets the District’s lot width through the Flexible Standard Development requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jonson moved to approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1710 Calumet Street (Metes and Bounds Tract 34/271 in Section 01, Township 29 South, Range 15 East) along with the ingress/egress easement of Calumet Street. The motion was duly seconded and carried unanimously. Ordinance 8588-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to Ordinance 8588-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Ordinance 8589-14 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 8589-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Ordinance 8590-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8590-14 on first reading. The motion was duly seconded and upon roll call, the vote Page 20 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 8.9 Approve the vacation of a portion of Brownell Street, a city right-of-way and pass Ordinance 8592-14 on first reading. (VAC2014-01 Fire Station 45) Construction of Fire Station 45 is nearly complete. In 2011, prior to the design phase of the construction project, Brownell Street bisected the project site. City Council passed and adopted Ordinance 8301-11 on December 1, 2011 vacating the easternmost 136-feet of Brownell Street to accommodate construction. Council was not able to vacate the remaining portion of Brownell Street that currently bisects the project site because of a single, privately owned parcel. The City has acquired this parcel and now owns all property on both sides of the portion of Brownell Street proposed for vacation. Upon City Council approval of Ordinance 8592-14, the City will take ownership of the vacated area by operation of law. The road within the vacated area will no longer be considered a public right-of-way but it will continue to serve as the entry drive-isle accessing the parking lots at Fire Station 45. The right-of-way proposed for vacation is 30-feet wide and approximately 180-feet long. Vacating the right-of-way will not affect access to any privately owned property. Duke Energy and Verizon have each requested that the City grant an easement over a portion of the vacated area. Staff will present the easements as requested following the adoption of Ordinance 8592-14. Councilmember Hamilton moved to approve the vacation of a portion of Brownell Street, a city right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8592-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8592-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze The Council recessed from 7:56 p.m. to 8:00 p.m. Page 21 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 9. Presentations (by government agencies or groups providing formal updates to Council) 9.1 Safety Review Results for Gulf to Bay Boulevard and Belcher Road - Peter Hsu, FDOT Asst. District Traffic Ops Engineer Florida Department of Transportation (FDOT) District Safety Program Manager David Skrelunas provided a PowerPoint presentation regarding updates on recommendations for Gulf to Bay Boulevard and Belcher Road intersection. In response to a question, Mr. Skrelunas said that if a stop sign’s visibility is obstructed on private property, it is the responsibility of the property owner to address the issue. FDOT would contact the Publix shopping center at the corner to advise them of the obstructed view of the stop sign at the egress onto Belcher Road. He addressed the traffic backup while traveling south on Belcher, south of Gulf to Bay Blvd., for those wanting to make a left (east) turn into the Publix shopping center, and recommended placing a physical barrier to alleviate this issue. Addressing a suggestion of a flashing strobe or countdown to a red light, Mr. Skrelunas said this type of red light running deterrent has not been met with much success, it has created more rear-end collisions. Regarding the bus stop receiving signal prioritization, Mr. Skrelunas said signal prioritizations would need to be addressed by the transit agency and FDOT. The unused utility pole at the NE intersection will be removed when the new traffic mast arms are installed. He said the school crossing sign has not yet been removed because children still may be crossing the intersection even though the Pinellas County School Board is now bussing students across Gulf to Bay Blvd. He commented that there is not much right-of-way on the corner and will be difficult to install new traffic lights while the current ones are still working. 10. City Manager Reports 10.1 Amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8601-14 and 8602-14 on first reading. The fiscal year 2013/14 Operating and Capital Improvement Budgets were adopted in September 2013 by Ordinances 8476-13 and 8477-13. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the Page 22 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outline the issues at third quarter that require amendment. Councilmember Hamilton moved to amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 8601-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8601-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Ordinance 8602-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8602-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.2 Amend Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional special events alcohol permits in the downtown area of Clearwater between Drew Street and Pierce Street, North and South and between Myrtle Street and the waterfront and allow for metal containers at special events and pass Ordinance 8600-14 on first reading. Current language in Section 22.90 allows for nonprofit civic organizations to obtain three temporary alcohol permits per year as allowed by section 561.422 of Florida Statutes. In an effort to promote downtown Clearwater numerous special events are held throughout the year on Cleveland Street as well as in Coachman Park. With so many special events, most of which allow for alcohol, a special event permit as well as an alcohol permit must be obtained. The requirement of having only three temporary permits per year was very restrictive to the nonprofit groups supporting these events. This ordinance allows for an additional 15 alcohol permits per year for nonprofit civic organizations in the downtown district pursuant to Chapter 2012-244, Laws of Florida. In addition the current ordinance restricts the use of alcoholic beverages being Page 23 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 served from certain containers including metal cans. The purpose for this is to allow law enforcement officials to ascertain what the beverage is during an event. However, many of the special event sponsors are now serving their beverages in metal cans so there is a need to allow for their use. The Chief of Police has the right to disallow the use of metal cans for events where safety concerns might prevail. Councilmember Polglaze moved to amend Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional special events alcohol permits in the downtown area of Clearwater between Drew Street and Pierce Street, North and South and between Myrtle Street and the waterfront and allow for metal containers at special events. The motion was duly seconded and carried unanimously. Ordinance 8600-14 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8600-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.3 Amend Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or entities with three or more outstanding parking violations and pass Ordinance 8599-14 on first reading. August 20, 2014 City Council approved an agreement to Data Ticket Inc. for citation processing which requires electronic communication with the DMV. This revision to the Code of Ordinances will authorize this type of communication. Previously the City and the DMV have relied on a Florida Statue provision to meet this requirement, however the DMV is now requiring the language to actually be in the City Code of Ordinances. Councilmember Jonson moved to amend Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or entities with three or more outstanding parking violations. The motion was duly seconded and carried unanimously. Page 24 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Ordinance 8599-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8599-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 10.4 Approve the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for a three year term extending until September 30, 2017 and authorize the appropriate officials to execute same. The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has also contracted with an ambulance contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. The Pinellas County EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007 and then another agreement was signed for 2007-2009. Each year from this expiration date an annual extension has been authorized. The current contract proposal is for a three-year contract term and allows two one-year contract extensions. This proposal continues funding for our current service level. Compensation for the fiscal year commencing October 1, 2014 and ending September 30, 2015 shall be $5,743,906. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2014. The contract terms include: • Average annual increase of 1.9% over the three year term. If extended for the additional two year term, annual costs increases equal to the lower of the Consumer Price Increase (CPI-U) or 125% of the annual increase in taxable property values are included. • The contract allows up to an additional 1% of budgeted funds to cover Page 25 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 allowable costs, which may exceed budgeted anticipated expenditures or for some overhead, internal services, or station supply costs which were not previously reimbursable. • The contract funds replacement of rescue units and two staff support vehicles. The City Manager said this agreement has been difficult to achieve and the County was able to reach an agreement with all 18 cities. The agreement will help the County realize some of the savings they were looking for. Staff is comfortable with this three-year agreement, which will give the City and the County more opportunity to see how the system is operating under the new set of rules. In response to a question, Fire Chief Robert Weiss said this is a three-year contract with two one-year extensions added on if accepted. The budget submitted by the City to the County for the first year (Fiscal Year 14/15) is the Department’s actual cost. For years two and three, the budgets are inflated by roughly 1.6% for each of the two years. There is a different funding mechanism associated with the two extension years if the City moves into them. This contract provides for an initial 1% of the approved budget for allowable costs associated with EMS. This is not a reserve, it doesn’t carry over year to year, but it is accessible each year if the Department goes above the budgeted amount. Councilmember Hamilton moved to approve the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for a three year term extending until September 30, 2017 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Other Council Action – None. 13. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Hock-DiPolito said only one TIGER grant was awarded in Florida; it was awarded to the Tamiami Trail. The City’s federal lobbyist recommended county and city staff work on the next grant application cycle. Councilmember Hamilton said the Cay Club project was vetted by legal and city staff and there was no reason to not approve the project at the time it was presented. In response to concerns related the Pinellas Suncoast Transportation Authority’s Chief Executive Officer (CEO), he said Page 26 City of Clearwater Draft City Council Meeting Minutes September 18, 2014 Councilmember Jonson could not request the resignation of the CEO without council direction as Councilmembers speak as a collective body. Councilmember Jonson said the PSTA Executive Committee provided the CEO with high marks during his recent performance review. The CEO has brought technology and improvements throughout the organization. There is a Tampa Bay transportation forum on September 24, 2014 at the Hilton Carillon where the Florida Secretary of Transportation as well as representatives from Tampa International Airport and TBARTA will be in attendance. There is a significant referendum coming in November, please make efforts to understand both sides of the issue. The City Attorney addressed concerns expressed by the public regarding the Cay Club project. The development was able to create a Community Development District which issued bonds for the project. No City money was spent or lost or misappropriated. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 15. Adjourn The meeting adjourned at 9:05 p.m. Mayor City of Clearwater Attest City Clerk Page 27 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-534 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize the funding of city medical insurance and a contract between the City and Cigna Healthcare for administrative services under a partial self-insured funding arrangement for the period of January 1, 2015 to December 31, 2015 at a total cost not-to-exceed $16.8 million, to be funded through city budgeted funds, payroll deduction of employee premiums, and reserves from the City’s Central Insurance Fund. (consent) SUMMARY: For plan year 2015, the City’s Agent of Record the Gehring Group provided an actuarially supported renewal based on the City’s claims trending and projected an increase of 10.9% in funding of the plan would be necessary to meet the claims and administrative cost obligations of the plan while maintaining the plan design in effect for 2014. Cigna has implemented a new physician network referred to as Local Plus which recognizes a sub-group of physicians within their network that are achieving optimal outcomes in patient care and cost saving. Based on a review of the City’s 2013 claims for service, Cigna has estimated the City could realize savings of between 4% - 8% if such claims had been administered through the Local Plus network. The proposed renewal would adopt two new Cigna Local Plus Network plan options maintaining the current City PHA and Base Plan schedules of benefits, with a requirement that participants complete a Personal Health Assessment through the City’s Employee Health Center and also complete the Cigna online Health Assessment tool in order to be enrolled in the PHA plan. The proposed renewal would also incorporate mental health/substance abuse coverage under the medical plan with Cigna, as the City’s EAP provider MHNet has indicated it will no longer offer MH/SA coverage on a fully-insured basis. In addition to the medical insurance renewal, as an incentive for each employee who completes the Health Assessment requirements the City would share 50% of any budgeted surplus to fund an individual Health Reimbursement Account in an amount between $100-$500 dependent on a pre-determined schedule based on the amount of savings realized. The City’s Benefits Committee voted unanimously to recommend to City Council that the proposed plan design, rates, Health Assessment requirements, and wellness incentives be adopted and that Cigna be retained as administrator of the City’s account for 2015. Staff concurs with the Benefits Committee recommendations. The cost of implementing this plan option would result in an increase to the City’s contribution of an estimated $892,000, or 7.4% for calendar 2015 versus the prior year. The total estimated calendar year 2015 cost would be approximately $16.66 million ($13.02 million City share, $3.64 million employee/retiree/cobra share). For fiscal year 2015, the City has budgeted $12,813,900 for approximately 1,498 full time Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-534 positions for the City’s share of medical insurance coverage. The City’s estimated share of actual expenses for fiscal year 2015 per this recommendation is estimated at $12,832,200. The difference of $18,300 would be funded by the reduction in the cost for the mental health/substance abuse coverage as a result of folding the coverage under the Cigna medical plan rather than MHNet, which is expected to save the City approximately $75,000 annually. This recommendation also maintains the current funding strategy for City contributions to health care premiums representing 100% of the cost for Employee Only, 75% of the cost for Employee plus One, and 68% of the cost for Employee plus Family coverage. APPROPRIATION CODE AND AMOUNT: 590-07000-545600-000-medical Page 2 City of Clearwater Printed on 12/16/2014 1 HEALTH CARE 2015 2 2015 Cost Projection Current anticipated funding = $17.2 million CY (City and Employee) Anticipated CY increase projected at 10.9% City increase is 1.7M above FY 2014 budget 3 City Renewal History Projected vs. Actual 18.1% 10.8%11.2% 24.7% 10.9%* 11.2%5.0% -1.0% 13.0% 8.9% 6%# -5% 0% 5% 10% 15% 20% 25% 30% 201020112012201320142015 Pe r c e n t a g e o f I n c r e a s e Projected Increase Actual Increase**with no plan changes #with proposed network change 4 City Claims History Claims Per Employee/Month $629 $551 $483 $585 $590 $690 $724 $- $100 $200 $300 $400 $500 $600 $700 $800 2008200920102011201220132014 (YTD) What’s Driving Claim Increases Of the top catastrophic claims, there were: 8 Cancers ($1.2m in cost) 5 Neurological and Circulatory Issues ($598k in cost) 4 Musculoskeletal ($574k in cost) 5 6 New Cigna Plan Design Continue self-funding and remain with Cigna. Adopt new dual-plan with “Local Plus Network” (Cigna projects 4-8% savings with this plan) Single rate with PHA and Base options. PHA incentive: must complete both EHC and Cigna online to receive incentive. Shared Savings Incentive for 2015. MH/SA coverage to be provided under Cigna. EAP to remain carved out under MHNet. 7 Reasons for renewing with Cigna Local network with proven results Claims administration and reporting track record Customer service including full-time onsite representative Wellness funding 8 Cigna Self-fund Proposal Total Health Care Cost Estimated Cost CY2015 = $16.66M o $13.02M City o $3.64M Employee/Retiree/COBRA 9 City Budget FY 2015 = $12,813,900 Estimated City 2015 = $12,832,200 TOTAL INCREASE = $18,300 The difference would be funded by reduction in the MH/SA cost under the Cigna medical plan, expected to save the City approx $75,000 annually. (All figures based on FY14 enrollment and 1498 FTE positions) Cigna Self-fund Proposal City Health Care Cost SurplusSharingExample Employees must complete the PHA and Cigna's Online Health Assessment. Surplus is based on a 50% split of projected savings at the end of the plan year. Surplus RangeHRA Account Funding 1.25% -2.24%________$100 2.25% -3.49%________$200 3.5% -4.49%________$300 4.5% -5.99%________$400 >6%___$500 10 11 HEALTH CARE 2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-365 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for a three-year term beginning October 1, 2014 through September 30, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: ·response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man-made or natural disaster, or public series request; ·command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; ·investigation of any fire to determine the cause and origin; ·inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and ·education of the public in fire prevention, life safety, and disaster preparedness. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. Since 2009/10, the Fire Protection Authority and the contract providers have extended the contract for one year terms. The current agreement expires September 30, 2014. The current proposal is for a 3-year term. The agreement may be extended for an additional two years following the initial term upon the mutual agreement of the parties. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2014 under the same terms as the previous contract. Under that contract 10.9% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2014. Therefore, the County reimbursed the City 10.9% of the net department budget or approximately $2.0 Million for fiscal year 2014. The reimbursement percentage can fluctuate year to year as property values within the fire district Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-365 change. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-507 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the non-standard 10’ wide concrete sidewalk on the north side of SR 590, NE Coachman Road and authorize the appropriate officials to execute same. (consent) SUMMARY: State Road 590, NE Coachman Road, will be reconstructed by the Florida Department of Transportation in 2015 from just west of its intersection with Belcher Road to just east of US Hwy 19. As part of the roadway project, the reconstruction includes sidewalks. This MOA only applies to the portion of sidewalk from Old Coachman Road to the Duke Energy right-of-way. This 10 ft. concrete sidewalk will serve as part of the Duke Energy Trail. The Duke Energy Trail will utilize the Ream Wilson Trail from its terminus at the Ream Wilson Trail (near Bright House Networks Field) to the intersection of NE Coachman Road. At the intersection of NE Coachman, the trail will continue northeast along the north side of State Road 590 to Duke Energy right-of-way. This alignment is necessary to avoid a crossing of the CSX railroad tracks. The Duke Energy Trail is of significant regional impact, and has been identified in the City of Clearwater’s 2006 Bicycle and Pedestrian Master Plan, the Pinellas County Long Range Transportation Plans, and represents a cooperative effort between the City of Clearwater, Pinellas County, Hillsborough County, the City of Tampa and the Florida Department of Transportation. The MOA requires that the City provide routine maintenance of this section of sidewalk (trail) including, but not limited to mowing, minor asphalt repair, debris removal, residue accumulation removal, and other minor repairs. The Florida Department of Transportation will be responsible for major maintenance items. The City of Clearwater currently maintains part of the landscaping along State Road 590 as well as the Ream Wilson Trail and does not anticipate any substantial financial impacts caused by this MOA that cannot be addressed within our existing budget. This item supports the City's Strategic Vision by providing quality maintenance of public rights-of-ways and sidewalks thus providing safe alternative transportation and recreational paths in the City for residents and visitors. Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-507 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-508 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida Bid 25-13, for $243,099 to perform Phase II of structural caulking and concrete repairs needed throughout Bright House Field stadium. (consent) SUMMARY: On October 3, 2013 the City Council approved awarding a contract to CPS to perform Phase I of structural caulking and concrete repairs at Bright House Stadium for $241,272. Phase I addressed the repairs needed for the seating bowl while Phase II will address the suite areas and office areas on the second floor, stairwells, as well as all other joints in the stadium not repaired under Phase I. This contract will provide for completion of Phase II. CPS agreed to hold their cost on their original bid 25-13. This is a 120 day project and will be completed prior to Spring Training 2015. Sufficient funds are available in Capital Improvement Program project 315-93640, Bright House Field Repairs, for this contract. This item supports the City's Strategic Vision to provide quality facilities (Bright House Field) for not only the enjoyment by residents but to promote the sports tourism associated with the Phillies. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-93640, Bright House Field Repairs, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-523 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding of youth programs, at a rate of $22.56 per child, per day; approve a first quarter budget amendment of $402,442 into 181-99872, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received funding from JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2014/2015 from Juvenile Welfare Board. In the past several years, Coordinated Child Care was an administrative service agency used by JWB to distribute and oversee these funds. This year, the City is contracting directly with JWB. Rather than funding a set amount for the program, this Agreement will pay $22.56 per child, per day. The budget is based on a current average of 64 children participating in the program on a daily basis. There are 261 reimbursable days during the year. $22.56 x 64 children x 261 days = $376,842. In addition, professional service enrichment funding of $400 per child is allocated. This amount is $25,600; $400 x 64 children = $25,600. The total funding allocation is $402,442; $376,842 + 25,600 = $402,442. Charting a Course for Youth is a program developed to nurture youngsters at the Clearwater neighborhoods in which youth need the most direction. The program leaders have developed a safe haven for community youth ages 7- 14 at Ross Norton and North Greenwood Recreation Complexes. The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. Academic enrichment curriculum is also included in the program. There is no requirement to continue the program when the grant ends. This item supports the City's Strategic Plan by partnering with other public organizations to be more efficient in providing services and programs to the youth of our community. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment funded by Juvenile Welfare Board into Special Program Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-523 Fund Coordinated Child Care 181-99872, in the amount of $402,442. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-525 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve increased funding for Special Program Fund Special Events (181-99865) by $275,000 from unappropriated retained earnings to assist in funding City Centennial Celebration Events including a major concert at Coachman Park ($200,000), and a downtown parade with fireworks ($75,000). (consent) SUMMARY: The City Centennial Celebration Committee and City Council have been working for over a year on developing a plan to recognize and celebrate the City's one hundred years of existence. It is designed to be an exciting year of remembering the past, celebrating the present and anticipating the future for the citizens of Clearwater. City of Clearwater will partner with the community and community groups throughout the year to celebrate the City and have fun doing so. Staff will reach out to existing partners and others who may want to join the party including the Tampa Bay Rays, Tampa Bay Buccaneers, Phillies, Ruth Eckerd, Morton Plant, Clearwater Marine Aquarium, our event sponsors and many others to make this a memorable year. Each month from January to December there will be a special event that will recognize the centennial and place emphasis on who we are as a City. At the August 18, 2014 Council worksession, staff received informal direction from Council to move forward with planning a major concert at Coachman Park to be held in April and a community parade to be held on Memorial Day weekend. In order to do this staff is requesting additional funding to seed and produce these two events for $275,000. Additional funding required to produce both events is to be generated through ticket sales, sponsors, beverage sales and vendor revenue. Prior Funding approval of $150,000 has already been set aside and being used to fund all of the other year long activities associated with the events including centennial book, window clings, rotating art display, logo contest awards etc. A first quarter budget amendment will provide a transfer of $275,000 from unappropriated retained earnings to Special Events 181-99865. This item supports the City Strategic Vision by providing opportunity for community engagement throughout the year by celebrating the wonderful place we call home, City of Clearwater. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-525 A first quarter budget amendment will provide a transfer of $275,000 from unappropriated retained earnings to Special Program Fund Special Events 181-99685. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-528 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve Sponsorship Agreement (Agreement) between the City and CBS Radio Stations, Inc. (CBS Radio) for MAXIMA’S Hispanic Heritage Concert (Event) to be held at Coachman Park on October 12, 2014 and authorize the appropriate officials to execute same. (consent) SUMMARY: CBS Radio has partnered with the City on several successful concerts over the past years; including Hispanic Heritage Concerts and Wild Splash Concerts. The Hispanic Heritage Concert is one of the Class 3A events Council approved in the annual Special Events Agenda Item on April 18, 2013. This Class 3A event is produced by the Parks and Recreation Department with all costs being covered by revenues from the event. This agreement spells out the responsibilities of both CBS Radio and the City and other terms relating to the concert. It is similar to other concert agreements the City Council has approved. CBS Radio responsibilities primarily include helping to secure the talent for the Event, promotion of the event on their radio station and website, remote broadcast the day of the event and other miscellaneous promotional activities. The City will provide the event location, setup, production, sale of tickets, security, and all staffing needed for the event. Revenues from the event more than cover the cost of the event and profits made from the event are deposited back into the Special Event Fund so that other concerts and events can be conducted for the residents of Clearwater at little or no cost i.e. Celebrate America, Fun N Sun, etc. The event is very well received and has had maximum capacity of Coachman Park during the past several years. This item supports the City's Strategic Vision by providing a diverse community festival for the citizens as well as visitors to Clearwater making Clearwater a better place to live, learn, work, visit and play. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-528 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-531 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to TS Sports of Dallas, TX, Bid 14-0030-PR for the construction and installation of a new video and scoreboard for Bright House Field which includes a 10% contingency, for $680,484; and transfer $776,214 to Bright House Field Repairs (CIP315-93640) from unappropriated retained earnings to complete the funding for this project and authorize the appropriate officials to execute same. (consent) SUMMARY: Included in the Fiscal Year 2014/15 Capital Improvement budget is $216,900 for the replacement of the existing scoreboard at the stadium. Additionally $200,000 was budgeted in Fiscal Year 2015/16 to replace the video display board. Both the scoreboard and video boards have been failing for some time and parts are no longer available to make even the smallest necessary repairs. Staff from both the Phillies/Threshers as well as the City with the help and advice from consultants came to the same conclusion that the existing video and scoreboard would not last another season and thus, are recommending that they be replaced prior to the beginning of baseball season in 2015. Competitive bids were solicited for the design, construction and installation of the new score board and video system with three respondents. Two were qualified to place bids while the third did not meet necessary standards to qualify. TS Sports had the lowest and most responsive bid at $680,484 (Option 3 and Alternate 4). This contract will provide for the removal of the existing scoreboard and video board, design of the new system, construction of the new boards, maintenance of the boards when complete and spare parts for future repairs. The new video system will be state of the art and carry a 10-year warranty on parts and labor. A separate bid is being developed to purchase the remaining items needed to complete the operational aspects of the video and scoreboard including cameras, switching gear, etc. estimated to cost $250,000. Summary of expenses and revenues as follows: Expenses:$680,484 TS Sports bid $250,000 Additional cameras and equipment $ 62,630 Professional services costs $993,114 Total Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-531 Revenues:$216,900 Existing CIP 315-93640 $776,214 Retained earnings $993,114 Total This is a 120 day project and will be completed prior to Spring Training 2015. This item supports the City's Strategic Vision to provide quality facilities (Bright House Field) for not only the enjoyment by residents but to promote the sports tourism associated with the Phillies. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $776,214 to capital improvement project 93640, Bright House Field Repairs. The balance in General Fund reserves is approximately $19 million or 16.2% of the 2014/15 General Fund operating budget. A total of $1,051,214 of General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. Page 2 City of Clearwater Printed on 12/16/2014 Item #DESCRIPTION QUANTITY TOTAL PRICE QUANTITY TOTAL PRICE Bid Option No. 1 Unit Cost Price Unit Cost Price 1.a. Display Price $ 249,276.02 $ 249,276.02 $ 195,000.00 $ 195,000.00 1.b. Control System Price $ 109,693.96 $ 109,693.96 $ 64,800.00 $ 64,800.00 1.c Installation Price $ 116,516.96 $ 116,516.96 $ 172,000.00 $ 172,000.00 1.d.Subtotal of Bid Option No. 1 (Items 1.a. – 1.c.) $ 475,486.94 $ 431,800.00 2 Includerepairs as required to theexistingscoreboardframing per BrightHouseFieldStructural Assessment of theScoreboardFramingrecommendations,report by McCarthy&Associates,Incdated July 15, 2014 1 $ 41,686.55 1 $ 4,800.00 Warranty, Operation & Maintenance and Spare Parts: Maintainsparepartsinventoryon-site as listed in thisspecificationfrom end of initialwarrantyperiod throughyear 10of displaylife.Within 72 hours of notificationthatsparepart hasbeen used,thatpart (excluding bulbs) shall be replaced by the service representative/manufacturer. TheOwnermayelect to developa new purchaseorder upon completion of themajorconstruction and training of equipmentsessions is complete of theproject and transferremainfunds of thefollowing items to a new purchaseorder.Thefollowingitemsrepresentmajorcomponents and doesnot alleviate thecontractor of theirobligations as dictated in thescope of work and specifications of theconstruction documents. Final Acceptance shall occur after the displays have functioned without failure for:Unit Cost Price Unit Cost Price 3.a Soft opening events: $ 1,111.64 $ 3,334.92 $ 300.00 $ 900.00 3.b Phillies Spring Training Games $ 1,111.64 $ 5,558.20 $ 300.00 $ 1,500.00 3.c Clearwater Threshers Games $ 1,111.64 $ 5,558.20 $ 300.00 $ 1,500.00 3.d. Warranty,labor&materialsforfiveyears,withinthewarrantyperiod,answerservicecallswithin1 hour,and correcttheproblemwithintwentyfourhours.Providelocalrepresentationwithservice personnel available upon call within 3 hours prior to an event and throughout the time of the event. $ 8,205.51 $ 41,027.55 N/A $ 12,600.00 3.e.Preventative inspections and cleaning, preventative inspections shall occur 30 days before the start of each warranted season $ 801.04 $ 4,005.20 $ 600.00 $ 3,000.00 3.f.As part of the inspection, clean or wash all LED displays installed under this scope in years 3 and 5. $ 1,604.11 $ 3,208.22 $ 3,000.00 $ 6,000.00 Quantity 3 5 5 5 5 2 Quantity 3 5 5 5 5 2 BID OPENING - Wed., Sept. 10, 2014 at 1:30 p.m. AWARD - October 2, 2014 PROJECT: BRIGHT HOUSE NETWORKS FIELD – VIDEO BOARDS REPLACEMENT (14-0030-PR) DAKTRONICS INSTALLATION, INC. 201 Daktronics Drive Brookings, SD 57006 TS SPORTS 2580 Esters Blvd., Bldg. 200 Dallas, TX 75261 Quantity 1 1 1 Lump Sum 3 1 Quantity 1 1 1 Left field main display assembly (see Ewing Cole Sketch SK-1). Scoring control console. Video scoring display control system. Baseline fascia at right field. (see Ewing Cole Sketch SK-3). Time and temperature display (new). Naming rights, facility or team identification signage.(existing to remain). Inspection, testing, evaluating all existing steel and foundation supporting current video display and signage elements. Engineering the existing steel support system including any reinforcing required to support new video board and new or existing signage elements. Cleaning and coating steel with high performance painting system (minimum 10 year warranty) for local environmental conditions. All electrical, mechanical and structural engineering and construction elements for new display All professional engineering services by a registered professional structural, electrical and mechanical engineer in the State of Florida including obtaining all permitting requirements. The bid price is for a total system to comply with specifications inclusive of design, labor, material, testing inspection, engineering, demolition, new installation, performance, warranty, stock material, etc. in compliance with the specifications The bid price includes contractor’s overhead, profit, fees, taxes, all insurance and general conditions related costs. UNIT UNIT Lump Sum BID OPTION NO. 1 PAGE 1 OF 6 Item #DESCRIPTION QUANTITY TOTAL PRICE QUANTITY TOTAL PRICE DAKTRONICS INSTALLATION, INC. 201 Daktronics Drive Brookings, SD 57006 TS SPORTS 2580 Esters Blvd., Bldg. 200 Dallas, TX 75261 UNIT UNIT 3.f cont'd. Spare Parts: The Video Board Contractor shall be required to provide spare part as a requirement to this project and stored on site by the Owner for utilization for the duration of the maintenance by the Video Board Contractor. These spare partsare described in the Technical Specification developed by Ewing Cole Section 11 63 10 – VIDEO, SCORING AND MATRIX DISPLAY SYSTEM and are included in the in the following sections listed below. The Video Board Contractor shall verify all the spare part is included, if there is a discrepancy between the technical specifications and the bill of quantities shall be brought to the attention of the Owner/Engineer. PHYSICAL DESIGN CRITERIA - Unless otherwise noted the following is the requirement for Spares throughout the Scoring and Matrix system (as referenced in Section IVa, 2.2):Quantity Price Quantity Price 3.g. Provide 10%(orfour(4)if 10%is lessthanfour(4))spareparts of lightingunits,lamps,LED modules, processors,powersupplies,fans,and elements,includingcables,jigs and thelike.(asreferenced in Section IVa, 2.2, M.):1 $ 12,987.22 1 Included 3.h.Providetwo(2)spareprintedcircuitcards and transmit/receiveinterface of each typeused in the system.1 Included in 3.g. 1 Included 3.i.Provide 25% spares of any air filters—after final acceptance. 1 Filter Less Displays 1 Included 3.j.Provide extenders where required for service and maintenance of equipment.1 Included in 3.g. 1 Included 3.k.A minimum of one of any specialized or custom tool required for maintenance of the display.1 Included in 3.g. 1 Included 3.l. Providelockable;weatherizedstoragecabinetswithinscoreboardenclosure(whereavailableforthat display)forstorage of sparepartsinventory.Storagecabinet to includelaminatedpartslist of each item included in cabinet inventory attached to lid/door of cabinet.1 $ 255.43 1 $ 600.00 3.m.Redundant Fiber Optic Line 12 strand and conduit 1 $ 15,479.20 1 $ 8,400.00 3.n.Subtotal of Warranty, Operation & Maintenance and Spare Parts (Items 3.a. – 3.m.) $ 91,414.14 $ 34,500.00 4 LED DISPLAYS - Electronic connection between replay system and LED video boards. Include electronics required at Control Room and video display to accept appropriate cabling. One complete backup set of transmitters and receivers shall be provided. (as referenced in Section IVa, 2.3): 1 $ 12,260.75 1 Included 5 VIDEO DISPLAY CONTROL COMPONENTS - Spares: Provide one set of back-up disks of all software. (as referenced in Section IVa, 2.4):1 Included in 1.b. 1 Included 6 DISPLAY CONTROL COMPONENTS - Spares: Provide one set of back-up disks of all software. (as referenced in Section IVa, 2.5):1 Included in 1.b. 1 Included 7 CONTROLCABLING (as referenced in Section IVa, 2.11): 7.a.Provide a single spare for each transceiver (line driver) type used by the scoring/matrix system.1 $ 4,642.33 1 Included 7.b. Provideback-up to any cablingsufficient to maintaingame in progressclockfunctions/displays. Provide one sparecable of each type to each display.It is not acceptable to usesparepairswithinthe Same cable.1 Included in 3.m. 1 Included 8 Providecostfordevelopment of materialsubmittals;shopdrawings(signedsealedstructural engineering,mechanical,electricaldrawings);correction of shopdrawingsafterreview by EwingCole, processingdrawingsforBuildingPermitwithCity of ClearwaterBuildingDepartment and collection of BuildingPermitthisprocessshallbegin upon notice to VideoBoardContractorintent to awardcontract for and after Pre-Construction Meeting an actual Award of Contract by City Council 1 $ 5,609.29 1 $ 4,800.00 9 SUB-TOTAL OF BID OPTION NO. 1 (Items 1-8 above)631,100.00$ 475,900.00$ 10 *10% CONTINGENCY 63,110.00$ 47,590.00$ 11 TOTAL AMOUNT OF BID OPTION NO. 1 (Items 9 & 10)694,210.00$ 523,490.00$ All scope elements for Bid Option No. 1 except as follows: - Provide new structural steel instead of using the existing steel support. - All steel shall be prepared and painted with high performance painting system with a minimum of 10 year labor and material warranty. - The Bid Option No. 2 price is for a total system to comply with specifications inclusive of design, labor, material, testing inspection, engineering, demolition, new installation, performance, warranty, stock material, etc. in compliance with the specifications. The bid price includes contractor’s overhead, profit, fees, taxes, all insurance and general conditions related costs. 2 SUB-TOTAL OF BID OPTION NO. 2 -$ 513,700.00$ 3 *10% CONTINGENCY -$ 51,370.00$ 4 TOTAL AMOUNT OF BID OPTION NO. 2 (Items 2 & 3)-$ 565,070.00$ Lump Sum Lump Sum Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum $ 513,700.00 Lump Sum Lump Sum Lump Sum Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum BID OPTION NO. 2 11 Lump Sum Lump Sum Lump Sum 1 No bid, existing structure adequate to hold new displays Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum PAGE 2 OF 6 Item #DESCRIPTION QUANTITY TOTAL PRICE QUANTITY TOTAL PRICE DAKTRONICS INSTALLATION, INC. 201 Daktronics Drive Brookings, SD 57006 TS SPORTS 2580 Esters Blvd., Bldg. 200 Dallas, TX 75261 UNIT UNIT 1 Provide warranty including labor, equipment and materials to cover years 6 through 10 Unit Cost Price Unit Cost Price 1.a. Warranty,labor&materialsforfiveyears,withintheextendedwarrantyperiod,answerservicecalls within1hour,and correcttheproblemwithintwentyfourhours.Providelocalrepresentationwith servicepersonnelavailable upon callwithin3hoursprior to an event and throughoutthetime of the event. $ - $ 37,870.56 $ 4,000.00 $ 20,000.00 1.b.Preventative inspections and cleaning, preventative inspections shall occur 30 days before the start of each warranted season $ - $ 5,717.91 $ 1,200.00 $ 6,000.00 1.c.As part of the inspection, clean or wash all LED displays installed under this scope in years 7 and 10. $ - $ 3,607.55 $ 3,000.00 $ 6,000.00 1.d.Sub-total of Items 1.a.-1.c.47,196.02$ 32,000.00$ 2 SUB-TOTAL OF ADDITIVE ALTERNATE NO. 1 (Item 1.d.)47,196.02$ 32,000.00$ 3 *10% CONTINGENCY 4,719.60$ 3,200.00$ 4 TOTAL AMOUNT OF ADDITIVE ALTERNATE NO. 1 (Items 2 & 3)51,915.62$ 35,200.00$ ServiceContractforparts and laborforYears6through 10 forthescope of workcovered under1063 10.Pricingshallremain in effectuntilthe end of thewarrantyperiod or untiltheOwneraccepts or declinesthisservicecontractwhicheveroccursfirst.TheOwnermayelect to developa new purchase order upon completion of themajorconstruction and training of equipmentsessions is complete of the project and transferremainfunds of thefollowingitems to a new purchaseorder.Thefollowingitems representmajorcomponent and doesnot alleviatethecontractor of theirobligations as dictated in the scope of work and specifications of the construction documents. Requirement of service contract: All cost for US factory parts repair or replacement shall included. - Followingexpiration of warrantyperiod,Ownerwillremovedfailedcomponentsfromdisplay (scoring or video) and ship, at Owner’s expense, to US repair depot. - Installer(or installer’s Supplier)shallrepair or replacecomponents and ship to Owner,at installer’s expenseusingnext-daydeliveryforTuesday to Saturdaydeliveries(inClearwater,Florida). Installer shall ship repair parts, within 24hours to request of Owner, prior to their receipt of failed part. - Repair and return shipment shall be in a timely fashion to maintain display operations. - In theevent of partsfailure of morethan 5%of display(s),theinstallershalldispatch to thesite,at installer’s cost,factorytechnicians to assessthecause,and means of returning to operation.Sitevisit timingshall be coordinatedwithOwner,and in theeventthatadequatenotice is provided(36-48 hours),shall be providedprior to stadiumeventswheremorethan 50%of thefacilitiesseatingcapacity is expected. Unit Cost Price Unit Cost Price 1.b. - Warranty,labor&materialsforyears6-10,withinthewarrantyperiod,answerservicecalls within1hour,and correcttheproblemwithintwentyfourhours.Providelocalrepresentationwith servicepersonnelavailable upon callwithin3hoursprior to an event and throughoutthetime of the event $ - Included in 1.a. $ 4,000.00 $ 20,000.00 1.c.- Preventativeinspections and cleaning,preventativeinspectionsshall occur30 daysbeforethe start of each warranted season $ - $ 5,717.91 $ 1,200.00 $ 6,000.00 1.d.- As part of theinspection,clean or washall LED displaysinstalled under thisscope in years7 and 10. $ - $ 3,607.54 $ 3,000.00 $ 6,000.00 1.e.Subtotal of Items 1.a.-1.d.47,196.00$ 42,000.00$ 2 SUB-TOTAL OF ADDITIVE ALTERNATE NO. 2 (Item 1.e.)47,196.00$ 42,000.00$ 3 *10% CONTINGENCY 4,719.60$ 4,200.00$ 4 TOTAL AMOUNT OF ADDITIVE ALTERNATE NO. 2 (Items 2 & 3)51,915.60$ 46,200.00$ 5 2 Quantity 5 5 2 Lump Sum Quantity 5 5 1 $ 10,000.00 ADDITIVE ALTERNATE NO. 2 2 1.a. 1 $ 37,870.55 Quantity 5 5 2 Lump Sum Quantity 5 ADDITIVE ALTERNATE NO. 1 PAGE 3 OF 6 Item #DESCRIPTION QUANTITY TOTAL PRICE QUANTITY TOTAL PRICE DAKTRONICS INSTALLATION, INC. 201 Daktronics Drive Brookings, SD 57006 TS SPORTS 2580 Esters Blvd., Bldg. 200 Dallas, TX 75261 UNIT UNIT Bid Option No. 3 Left field main display assembly (see Ewing Cole Sketch SK-2) Scoring control console Video scoring display system Baseline fascia at right field. (see Ewing Cole Sketch SK-3) New temperature and time control New naming rights, facility or team identification signage. Inspection,testing,evaluatingallexistingsteel and foundationsupportingcurrentvideodisplay and signage elements. Engineeringtheexistingsteelsupportsystemincluding any reinforcingrequired to support new video board and new or existing signage elements. Cleaning and coatingsteelwithhighperformancepaintingsystem(minimum 10 yearwarranty)forlocal environmental conditions. All electrical, mechanical and structural engineering and construction elements for new display. Allprofessionalengineeringservices by aregisteredprofessionalstructural,electrical and mechanical engineer in the State of Florida including obtaining all permits. Thebidprice is foratotalsystem to complywithspecificationsinclusive of design,labor,material, testinginspection,engineering,demolition,new installation,performance,warranty,stockmaterial,etc. in compliancewiththespecifications.Thebidpriceincludes contractor’s overhead,profit,fees,taxes, all insurance and general conditions related costs Unit Cost Price Unit Cost Price 1.a. Display Price $ 302,684.63 $ 302,684.63 $ 219,000.00 $ 219,000.00 1.b. Control System Price $ 109,693.96 $ 109,693.96 $ 64,800.00 $ 64,800.00 1.c Installation Price $ 138,426.74 $ 138,426.74 $ 202,000.00 $ 202,000.00 1.d.Subtotal of Bid Option No. 1 (Items 1.a. – 1.c.) $ 550,805.33 $ 485,800.00 2 Includerepairs as required to theexistingscoreboardframing per BrightHouseFieldStructural Assessment of theScoreboardFramingrecommendations,report by McCarthy&Associates,Incdated July 15, 2014 1 $ 99,979.71 1 $ 4,800.00 Warranty, Operation & Maintenance and Spare Parts: Maintainsparepartsinventoryon-site as listed in thisspecificationfrom end of initialwarrantyperiod throughyear 10of displaylife.Within 72 hours of notificationthatsparepart hasbeen used,thatpart (excluding bulbs) shall be replaced by the service representative/manufacturer. TheOwnermayelect to developa new purchaseorder upon completion of themajorconstruction and training of equipmentsessions is complete of theproject and transferremainfunds of thefollowing items to a new purchaseorder.Thefollowingitemsrepresentmajorcomponents and doesnot alleviate thecontractor of theirobligations as dictated in thescope of work and specifications of theconstruction documents. Final Acceptance shall occur after the displays have functioned without failure for:Unit Cost Quantity Price Unit Cost Price 3.a Soft opening events: $ 1,111.64 $ 3,334.92 $ 300.00 $ 900.00 3.b Phillies Spring Training Games $ 1,111.64 $ 5,558.20 $ 300.00 $ 1,500.00 3.c Clearwater Threshers Games $ 1,111.64 $ 5,558.20 $ 300.00 $ 1,500.00 3.d. Warranty,labor&materialsforfiveyears,withinthewarrantyperiod,answerservicecallswithin1 hour,and correcttheproblemwithintwentyfourhours.Providelocalrepresentationwithservice personnel available upon call within 3 hours prior to an event and throughout the time of the event. $ 9,457.10 $ 47,285.50 N/A $ 12,600.00 3.e.Preventative inspections and cleaning, preventative inspections shall occur 30 days before the start of each warranted season $ 801.57 $ 4,007.85 $ 600.00 $ 3,000.00 3.f.As part of the inspection, clean or wash all LED displays installed under this scope in years 3 and 5. $ 1,907.70 $ 3,815.40 $ 3,000.00 $ 6,000.00 Quantity 1 Quantity 3 5 5 5 5 2 3 5 5 5 5 2 BID OPTION NO. 3 1 1 Lump Sum 3 1 1 Lump Sum 1 Quantity 1 PAGE 4 OF 6 Item #DESCRIPTION QUANTITY TOTAL PRICE QUANTITY TOTAL PRICE DAKTRONICS INSTALLATION, INC. 201 Daktronics Drive Brookings, SD 57006 TS SPORTS 2580 Esters Blvd., Bldg. 200 Dallas, TX 75261 UNIT UNIT Spare Parts: The Video Board Contractor shall be required to provide spare part as a requirement to this project and stored on site by the Owner for utilization for the duration of the maintenance by the Video Board Contractor. These spare parts are described in the Technical Specification developed by Ewing Cole Section 11 63 10 – VIDEO, SCORING AND MATRIX DISPLAY SYSTEM and are included in the in the following sections listed below. The Video Board Contractor shall verify all the spare part is included, if there is a discrepancy between the technical specifications and the bill of quantities shall be brought to the attention of the Owner/Engineer. PHYSICAL DESIGN CRITERIA - Unless otherwise noted the following is the requirement for Spares throughout the Scoring and Matrix system (as referenced in Section IVa, 2.2):Quantity Price Quantity Price 3.g. Provide 10%(ortwo(4)if 10%is lessthantwo(4))spareparts of lightingunits,lamps,LED modules, processors,powersupplies,fans,and elements,includingcables,jigs and thelike.(asreferenced in Section IVa, 2.2, M.):1 $ 15,352.32 1 Included 3.h.Providetwo(2)spareprintedcircuitcards and transmit/receiveinterface of each typeused in the system.1 Included in 3.g. 1 Included 3.i.Provide 25% spares of any air filters—after final acceptance.1 Filter less displays 1 Included 3.j.Provide extenders where required for service and maintenance of equipment.1 Included in 3.g. 1 Included 3.k.A minimum of one of any specialized or custom tool required for maintenance of the display.1 Included in 3.g. 1 Included 3.l. Providelockable;weatherizedstoragecabinetswithinscoreboardenclosure(whereavailableforthat display)forstorage of sparepartsinventory.Storagecabinet to includelaminatedpartslist of each item included in cabinet inventory attached to lid/door of cabinet.1 $ 255.43 1 $ 600.00 3.m.Redundant Fiber Optic Line 12 strand and conduit 1 $ 15,479.20 1 $ 8,400.00 3.n.100,647.02$ 34,500.00$ 4 LED DISPLAYS - Electronic connection between replay system and LED video boards. Include electronics required at Control Room and video display to accept appropriate cabling. One complete backup set of transmitters and receivers shall be provided. (as referenced in Section IVa, 2.3): 1 $ 12,260.75 1 Included 5 VIDEO DISPLAY CONTROL COMPONENTS - Spares: Provide one set of back-up disks of all software. (as referenced in Section IVa, 2.4):1 Included in 1.b. 1 Included 6 DISPLAY CONTROL COMPONENTS - Spares: Provide one set of back-up disks of all software. (as referenced in Section IVa, 2.5):1 Included in 1.b. 1 Included 7 CONTROLCABLING (as referenced in Section IVa, 2.11): 7.a.Provide a single spare for each transceiver (line driver) type used by the scoring/matrix system.1 $ 4,642.33 1 Included 7.b. Provideback-up to any cablingsufficient to maintaingame in progressclockfunctions/displays. Provide one sparecable of each type to each display.It is not acceptable to usesparepairswithinthe Same cable.1 Included in 3.m. 1 Included 8 Providecostfordevelopment of materialsubmittals;shopdrawings(signedsealedstructural engineering,mechanical,electricaldrawings);correction of shopdrawingsafterreview by EwingCole, processingdrawingsforBuildingPermitwithCity of ClearwaterBuildingDepartment and collection of BuildingPermitthisprocessshallbegin upon notice to VideoBoardContractorintent to awardcontract for and after Pre-Construction Meeting an actual Award of Contract by City Council 1 5,609.29$ 1 4,800.00$ 9 SUB-TOTAL OF BID OPTION NO. 3 (Items 1-8 above)773,944.43$ 529,900.00$ 10 *10% CONTINGENCY 77,394.44$ 52,990.00$ 11 TOTAL AMOUNT OF BID OPTION NO. 3 (Items 9 & 10)851,338.87$ 582,890.00$ All scope elements for Bid Option No. 3 except as follows: Provide new structural steel instead of using the existing steel support. All steel shall be prepared and painted with high performance painting system with a minimum of 10 year labor and material warranty. The Bid Option No. 4 price is for a total system to comply with specifications inclusive of design, labor, material, testing inspection, engineering, demolition, new installation, performance, warranty, stock material, etc. in compliance with the specifications. The bid price includes contractor’s overhead, profit, fees, taxes, all insurance and general conditions related costs. 2 SUB-TOTAL OF BID OPTION NO. 4 N/A 567,700.00$ 3 *10% CONTINGENCY N/A 56,770.00$ 4 TOTAL AMOUNT OF BID OPTION NO. 4 (Items 2 & 3)N/A 624,470.00$ Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Unit Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump SumLump Sum Lump Sum Lump Sum Lump Sum Lump Sum 1 No Bid.Included additionalbracing in Option3 to holdthe additionalwindload. SeeprovidedRisa Modelforlayout of Braces. Lump Sum Lump Sum 3.f. cont’d. Subtotal of Warranty, Operation & Maintenance and Spare Parts (Items 3.a. – 3.m.) $ 567,700.00 11 BID OPTION NO. 4 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum PAGE 5 OF 6 Item #DESCRIPTION QUANTITY TOTAL PRICE QUANTITY TOTAL PRICE DAKTRONICS INSTALLATION, INC. 201 Daktronics Drive Brookings, SD 57006 TS SPORTS 2580 Esters Blvd., Bldg. 200 Dallas, TX 75261 UNIT UNIT 1 Provide warranty including labor, equipment and materials to cover years 6 through 10 Unit Cost Quantity Price Total Price Unit Cost Quantity Price Total Price 1.a. Warranty,labor&materialsforfiveyears,withintheextendedwarrantyperiod,answerservicecalls within1hour,and correcttheproblemwithintwentyfourhours.Providelocalrepresentationwith servicepersonnelavailable upon callwithin3hoursprior to an event and throughoutthetime of the event. $ 8,774.30 5 $ 43,871.50 $ 4,000.00 5 $ 20,000.00 1.b.Preventative inspections and cleaning, preventative inspections shall occur 30 days before the start of each warranted season $ 1,144.28 5 $ 5,721.40 $ 1,200.00 5 $ 6,000.00 1.c.As part of the inspection, clean or wash all LED displays installed under this scope in years 7 and 10. $ 2,139.78 2 $ 4,279.56 $ 3,000.00 2 $ 6,000.00 1.d.Sub-total of Items 1.a.-1.c.53,872.46$ 32,000.00$ 2 SUB-TOTAL OF ADDITIVE ALTERNATE NO. 3 (Item 1.d.)53,872.46$ 32,000.00$ 3 *10% CONTINGENCY 5,387.25$ 3,200.00$ 4 TOTAL AMOUNT OF ADDITIVE ALTERNATE NO. 3 (Items 2 & 3)59,259.71$ 35,200.00$ ServiceContractforparts and laborforYears6through 10 forthescope of workcovered under1063 10.Pricingshallremain in effectuntilthe end of thewarrantyperiod or untiltheOwneraccepts or declinesthisservicecontractwhicheveroccursfirst.TheOwnermayelect to developa new purchase order upon completion of themajorconstruction and training of equipmentsessions is complete of the project and transferremainfunds of thefollowingitems to a new purchaseorder.Thefollowingitems representmajorcomponent and doesnot alleviatethecontractor of theirobligations as dictated in the scope of work and specifications of the construction documents. Requirement of service contract: All cost for US factory parts repair or replacement shall included. - Followingexpiration of warrantyperiod,Ownerwillremovedfailedcomponentsfromdisplay (scoring or video) and ship, at Owner’s expense, to US repair depot. - Installer(or installer’s Supplier)shallrepair or replacecomponents and ship to Owner,at installer’s expenseusingnext-daydeliveryforTuesday to Saturdaydeliveries(inClearwater,Florida). Installer shall ship repair parts, within 24hours to request of Owner, prior to their receipt of failed part. - Repair and return shipment shall be in a timely fashion to maintain display operations. - In theevent of partsfailure of morethan 5%of display(s),theinstallershalldispatch to thesite,at installer’s cost,factorytechnicians to assessthecause,and means of returning to operation.Sitevisit timingshall be coordinatedwithOwner,and in theeventthatadequatenotice is provided(36-48 hours),shall be providedprior to stadiumeventswheremorethan 50%of thefacilitiesseatingcapacity is expected. Unit Cost Price Unit Cost Price 1.b. - Warranty,labor&materialsforyears6-10,withinthewarrantyperiod,answerservicecalls within1hour,and correcttheproblemwithintwentyfourhours.Providelocalrepresentationwith servicepersonnelavailable upon callwithin3hoursprior to an event and throughoutthetime of the event $ 8,774.29 Included in 1.a. $ 4,000.00 $ 20,000.00 1.c.- Preventativeinspections and cleaning,preventativeinspectionsshall occur30 daysbeforethe start of each warranted season $ 1,144.28 $ 5,721.40 $ 1,200.00 $ 6,000.00 1.d.- As part of theinspection,clean or washall LED displaysinstalled under thisscope in years7 and 10. $ 2,139.78 $ 4,279.56 $ 3,000.00 $ 6,000.00 1.e.Subtotal of Items 1.a.-1.d. $ 55,147.76 $ 42,000.00 2 SUB-TOTAL OF ADDITIVE ALTERNATE NO. 4 (Item 1.e.)55,147.76$ 42,000.00$ 3 *10% CONTINGENCY 5,514.78$ 4,200.00$ 4 TOTAL AMOUNT OF ADDITIVE ALTERNATE NO. 4 (Items 2 & 3)60,662.54$ 46,200.00$ 1 Total Amount of Bid Option No. 1 694,210.00$ 523,490.00$ 2 Total Amount of Additive Alternate No. 2 51,915.60$ 46,200.00$ 3 BIDDER’S GRAND TOTAL (Items 1-2)746,125.60$ 569,690.00$ Cells shaded in peach denote mathematical correction $ 10,000.00 1.a. 1 Lump Sum $ 45,146.80 1 Lump Sum Quantity 5 5 2 Quantity 5 5 2 BIDDER’S GRAND TOTAL ADDITIVE ALTERNATE NO. 4 ADDITIVE ALTERNATE NO. 3 PAGE 6 OF 6 SectionV.docx Page i 3/25/2014 SECTION V CONTRACT DOCUMENTS SectionV - Legistar Draft.docx Page 1 of 27 3/25/2014 BOND NUMBER: ________________ __ CONTRACT BOND (1) STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That we _Sports Venue Signs, LLC DBA TS Sports as Contractor and Sports Venue Signs, LLC DBA TS Sports (Surety) whose home address is ___________________________________________________________________________________ . HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: BID OPTION NO. 3 in the amount of $582,890.00, PAYMENT AND PERFORMANCE BONDS for BID OPTION NO. 3 in the amount of $10,000.00, TAXES for BID OPTION NO. 3 in the amount of $40,894, ADDITIVE ALTERNATE NO. 4 in the amount of $46,200.00, AND PAYMENT AND PERFORMANCE BONDS for ADDITIVE ALTERNATE NO. 4 in the amount of $500.00, FOR A GRAND TOTAL OF SIX HUNDRED EIGHTY THOUSAND, FOUR HUNDRED EIGHTY-FOUR DOLLARS ($680,484.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: BRIGHT HOUSE NETWORKS FIELD – VIDEO BOARDS REPLACEMENT PROJECT #14-0030-PR a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV - Legistar Draft.docx Page 2 of 27 3/25/2014 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. SPORTS VENUE SIGNS, LLC DBA TS SPORTS (CONTRACTOR) By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ Pennsylvania Indemnity Insurance Company SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV - Legistar Draft.docx Page 3 of 27 3/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and SPORTS VENUE SIGNS, LLC DBA TS SPORTS, of the City of Dallas, County of Dallas, and State of Texas, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: BRIGHT HOUSE NETWORKS FIELD – VIDEO BOARDS REPLACEMENT (14-0030-PR) in the amount of $680,484.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. SectionV - Legistar Draft.docx Page 4 of 27 3/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV - Legistar Draft.docx Page 5 of 27 3/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV - Legistar Draft.docx Page 6 of 27 3/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) SPORTS VENUE SIGNS, LLC DBA TS SPORTS (Contractor) By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). SectionV - Legistar Draft.docx Page 7 of 27 3/25/2014 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF TEXAS COUNTY OF DALLAS On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, _________________________________, who after being duly sworn, deposes and says: That he is the ________________________________________________________________ (TITLE) of SPORTS VENUE SIGNS, LLC DBA TS SPORTS, a Texas Corporation, with its principal place of business located at 2580 Esters Blvd, Suite 200, Dallas, TX 75261 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the ______ day of __________________, 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: BRIGHT HOUSE NETWORKS FIELD – VIDEO BOARDS REPLACEMENT (14-0030-PR) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of ___________________________ (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me ____________________________________ AFFIANT This _____day of ____________, 20___. BY: ______________________________ _________________________________ NOTARY PUBLIC _________________________________ My Commission Expires: PRESIDENT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-493 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve a Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office to commence October 1, 2014 and remain in full force and effect unless terminated in writing by either party and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 16, 2009, the City Council approved an Interlocal Agreement for the Police Department’s participation in a countywide project with the Pinellas County Sheriff’s Office (PCSO) to implement a Prisoner Transport System. The program was officially implemented on October 1, 2009, and has proven to be a success, saving police officer time and transportation costs to and from the jail. The City of Clearwater and the Pinellas County Sheriff’s Office currently have in effect, as of July 1, 2013, a Memorandum of Understanding amending the 2012/2013 Prisoner Transportation Interlocal Agreement through September 30, 2014, providing for countywide prisoner transportation through a private contractor (G4S) with costs to be covered by a Justice Assistance Grant (JAG) funds until funds are completely expended. During the term of the Memorandum of Understanding, JAG funding has been depleted and prisoner transport service has continued without cost to the City of Clearwater Police Department. The proposed Interlocal Agreement outlines the terms under which the Sheriff will provide prisoner (arrestee) transportation service to the City from various locations within Pinellas County to the Pinellas County Jail, the Pinellas Safe Harbor, and/or the Pinellas Juvenile Assessment Center, through its vendor, G4S. Through a separate Agreement between the Sheriff and G4S, officers of G4S used for this purpose will only be retired or former law enforcement officers. Under the terms of the proposed Agreement, the Sheriff has agreed to transport Clearwater arrestees at no cost to the City. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-522 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period November 1, 2014 through October 31, 2017, and authorize the appropriate officials to execute same. (consent) SUMMARY: Historically, commencing November 1, 2001 the Clearwater City Council has approved lease agreements between the YWCA of Tampa Bay and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater. The premises were utilized to create and operate a central one-stop facility that housed many relevant services needed by Clearwater’s Hispanic community. The City of Clearwater currently has a lease with the InterCultural Advocacy Institute, Inc. (ICAI) for the premises located at 612 Franklin Street, Clearwater, Florida, terminating on October 31, 2014, for the operation of the Hispanic Outreach Center (HOC). To date, all partnerships involving the premises known as the HOC and the attendant community programs have been very successful and have received public acclaim. A current listing of some of the services/programs offered at the HOC include: ·Referring both victims and witnesses to CPD. ·Referring individuals to civil court or other non-profits for assistance. ·Handling domestic injunctions and referrals. ·Training and Consultation. Topics include Human Trafficking, police-minority relations, and cultural integration. ·Collaborating with Community Organizations such as the Mexican Council of Tampa Bay, Suncoast Center, Girl Scouts of West Central Florida, Gulfcoast Legal Services, and others, to provide on-site services for the Hispanic community. ·Managing the Hispanic leadership Council , of which the City of Clearwater and the Clearwater Police Department are members, to enhance services and access for the Hispanic community. ·Providing Interpreter and victim advocacy services . These services respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the Lessee, or CPD. ·Providing English for Speakers of Other Languages (ESOL) classes coordinated by the HOC. ·Administering Youth services . HOC administers various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-522 programs focus on risk reduction and the development of individual and leadership skills needed in adulthood. ICAI will be responsible for all maintenance of the inside of the premises and for all utility costs. The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $5,000. APPROPRIATION CODE AND AMOUNT: ·ICAI will be responsible for all maintenance of the inside of the premises and for all utility costs. ·The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. ·Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $5,000. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-353 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the East Water Reclamation Facility Generator and Marshall Street Water Reclamation Facility Lab Electrical Improvements Project (11-0025-UT) in the amount of $1,527,457.00, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: This work provides for the installation of a new 800 KW Generator and Ductbank at the East Water Reclamation Facility (WRF). Historically, two existing standby generators (North and South) for this bayside plant have resided below the Base Flood Elevation making them susceptible to flood damage at a time when they will likely be relied upon for plant emergency power. The previously approved design work order with the Engineer of Record (EOR) Arcadis produced a design where the two existing generators will be removed and one new generator will be mounted on a concrete platform above the base flood elevation. Emergency power to the South portion of the plant will be delivered via a new flood resistant underground concrete ductbank. In addition to the East WRF scope of work, this construction contract provides for a new uninterruptable power supply and load shed system at the Utilities Laboratory co-located at the Marshall Street WRF. A previously approved design work order with EOR Arcadis identified a means to facilitate meeting Florida Department of Environmental Protection permit requirements (laboratory analysis) during power outages without increasing the required generator size. The new system via an emergency panel, load shed management panel, multi circuit uninterruptable power supply (UPS), multiple point of use UPS and a revised circuit layout, will allow the lab’s existing standby generator to provide continuous power to the lab’s critical circuits. The design phase was completed in April 2014 and the construction phase is scheduled for completion by August 2015. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the East WRF and Utilities Laboratory at Marshall Street WRF. APPROPRIATION CODE AND AMOUNT: 0327-96619-561300-535-000-0000 $ 200,000.00 0315-96619-561300-535-000-0000 $1,151,447.00 0327-96645-561300-535-000-0000 $ 176,010.00 Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-353 A first quarter amendment will transfer Utility Renewal and Replacement funds in the amount of $200,000.00 from 0327-96645, Laboratory Upgrade to 327-96619, WWTP Generator Replacements. Funds are available in Capital Improvement Program project 0315-96619, WWTP Generator Replacements, in the amount of $1,151,447.00 and $176,010.00 in Utility Renewal and Replacement project 0327-96645, Laboratory Upgrade, for total funding in the amount of $1,527,457.00. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 SectionV.docx Page i 3/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ................................................................. 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 18 3/25/2014 BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF POLK KNOW ALL MEN BY THESE PRESENTS: That we B.L. SMITH ELECTRIC, INC. as Contractor and _____________________________________________________________ (Surety) whose home address is ______________________________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: THE BASE BID OF $1,523,120.00 AND THE ADDITIVE ALTERNATE BID OF $4,337.00, FOR A TOTAL OF ONE MILLION, FIVE HUNDRED TWENTY-SEVEN, FOUR HUNDRED FIFTY-SEVEN AND 00/100 Dollars ($1,527,457.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 2014, entered into between the Contractor and the City of Clearwater for: EAST WRF GENERATOR AND MARSHALL ST. WRF LAB ELECTRICAL IMPROVEMENTS PROJECT #11-0025-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV.docx Page 2 of 17 3/25/2014 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 2014. B.L. SMITH ELECTRIC, INC. (CONTRACTOR) By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV.docx Page 3 of 17 3/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2014 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and B.L. SMITH ELECTRIC, INC., of the City of Dundee, County of Polk, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: EAST WRF GENERATOR AND MARSHALL ST. WRF LAB ELECTRICAL IMPROVEMENTS (PROJECT #11-0025-UT) in the amount of $1,527,457.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. SectionV.docx Page 4 of 17 3/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 17 3/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 3/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) B.L. SMITH ELECTRIC, INC. (Contractor) By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). SectionV.docx Page 7 of 17 3/25/2014 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF POLK On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, _________________________________, who after being duly sworn, deposes and says: That he is the ________________________________________________________________ (TITLE) of B.L. SMITH ELECTRIC, INC., a Florida Corporation, with its principal place of business located at 29252 U.S. Hwy. 27, Dundee, Florida, 33838 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the ______ day of __________________, 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: EAST WRF GENERATOR AND MARSHALL ST. WRF LAB ELECTRICAL IMPROVEMENTS (PROJECT #11-0025-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of ___________________________ (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me ____________________________________ AFFIANT This _____day of ____________, 20___. BY: ______________________________ _________________________________ NOTARY PUBLIC _________________________________ My Commission Expires: PRESIDENT ITEM DESCRIPTION UNITUNIT UNIT TOTALUNIT TOTALUNIT TOTAL NO.QTYPRICE PRICE PRICE East WRF Generator 1Mobilization/Demobilization and General Conditions 1LS $ 65,000.00 $ 65,000.00 $ 65,500.00 $ 65,500.00 $ 25,000.00 $ 25,000.00 2-aOwner-Direct Purchase (ODP) 800kW Generator w/ Enclosure & Day Tank.1LS $ 221,807.00 $ 221,807.00 $ 198,800.00 $ 198,800.00 $ 221,807.00 $ 221,807.00 2-bODP 800kW Generator w/ Enclosure & Day Tank, Sales Tax Savings 1LS $ 13,358.42 $ 13,358.42 $ 11,977.00 $ 11,977.00 $ 13,808.00 $ 13,808.00 2-cODP 800kW Generator w/ Enclosure & Day Tank. Coordination, Installation, Testing, and Contractor Warranty of Generator, Enclosure & Day Tank 1LS $ 10,904.58 $ 10,904.58 $ 10,000.00 $ 10,000.00 $ 19,000.00 $ 19,000.00 3Structural 1LS $ 170,005.00 $ 170,005.00 $ 155,400.00 $ 155,400.00 $ 175,000.00 $ 175,000.00 4Electrical 1LS $ 681,085.00 $ 681,085.00 $ 705,650.00 $ 705,650.00 $ 1,081,382.00 $ 1,081,382.00 5Mechanical 1LS $ 66,550.00 $ 66,550.00 $ 94,600.00 $ 94,600.00 $ 71,000.00 $ 71,000.00 6Instrumentation & Controls 1LS $ 48,400.00 $ 48,400.00 $ 47,000.00 $ 47,000.00 $ 67,000.00 $ 67,000.00 7Allowance for Installation Conflicts for the New Underground Ductbank 1LS $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 8Allowance for Replacement of New Direct Buried Conduit with Exposed Conduit 1LS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Total East WRF (Items 1-8) $ 1,347,110.00 $ 1,358,927.00 $ 1,743,997.00 Marshall St. WRF Lab Electrical Improvements 9Mobilization/Demobilization and General Conditions 1LS $ 4,356.00 $ 4,356.00 $ 16,700.00 $ 16,700.00 $ 4,000.00 $ 4,000.00 10Electrical 1LS $ 123,254.00 $ 123,254.00 $ 120,300.00 $ 120,300.00 $ 132,600.00 $ 132,600.00 11Instrumentation & Controls 1LS $ 48,400.00 $ 48,400.00 $ 47,000.00 $ 47,000.00 $ 65,900.00 $ 65,900.00 Total Marshall St WRF (Items 9-11) $ 176,010.00 $ 184,000.00 $ 202,500.00 Bidder’s Grand Total (Items 1–11)= $ 1,523,120.00 $ 1,542,927.00 $ 1,946,497.00 Additive Alternate: 12East WRF: Simplex Model “Joe Filter” and connection appurtenances. 1LS $ 4,337.00 $ 4,337.00 $ 5,800.00 $ 5,800.00 $ 4,000.00 $ 4,000.00 Total: Bidder’s Grand Total + Additive Alternate (Items 1–12) = $ 1,527,457.00 $ 1,548,727.00 $ 1,950,497.00 PROJECT NAME: EAST WRF GENERATOR AND MARSHALL ST. WRF LAB ELECTRICAL IMPROVEMENTS (PROJECT No. 11-0025-UT) B. L. Smith Electric, Inc. 29252 U.S. Hwy. 27 Dundee, FL 33838 Cogburn Brothers, Inc. 3300 Faye Road Jacksonville, FL 32226 Zenith Systems, LLC 2754 Broadway Center Blvd. Brandon, FL 33510 BID OPENING DATE: August 28, 2014 at 1:30 p.m. AWARD DATE: OCTOBER 2, 2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-510 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) work order to Leggette, Brashears and Graham (LBG) of Tampa, Florida, in the amount of $155,736 for project related services permitting a Class I deep injection well for disposal of Reverse Osmosis Plant by-product and authorize the appropriate officials to execute same. (consent) SUMMARY: This approval request brought forward to Council is related to the injection well that will serve the Water Treatment Facilities. This effort is all proceeding as planned and in accordance with the Water Supply Master Plan of 2004 (subsequently updated in 2008) and also in compliance with State Statute procedure for permitting this type of facility. The first phases of work on the injection well have resulted in permits being secured and an exploratory well being drilled to a depth of 1,000 feet below surface at the planned site of the new brackish Reverse Osmosis Plant at Water Plant 2 (US19 north of Gulf-to-Bay). The exploratory well has proven to meet design criteria and expectations with the appropriate geology to receive the salty water that will be a by-product of our water treatment efforts in the future. LBG secured a permit to complete the second phase of construction bringing the well to functional status. Work Order No. 5 includes hydrogeological services for: review, compilation, and evaluation of monthly monitoring data during the two-year operational test period; preparation of an Operational Test Summary Report; and preparation of an application for a Class I Injection Well Operating Permit. The City of Clearwater Public Utilities Department is responsible for operation and maintenance of the concentrate injection well. APPROPRIATION CODE AND AMOUNT: 0315-96767-561300-533-000-0000 Funds are available in capital improvement project 315-96767, Reverse Osmosis Plant at Reservoir 2, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-510 Page 2 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-427 Agenda Date: 9/29/2014 Status: PassedVersion: 2 File Type: Action ItemIn Control: Library Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve Blanket Purchase Orders for Baker and Taylor, Ingram Library Services and Midwest Tape for the acquisition of library books and audiovisual materials for the contract period of October 1, 2014 through September 30, 2015, and authorize the appropriate officials to execute same. (consent) SUMMARY: Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA - $235,000; Ingram Library Services, Atlanta, GA - $150,000; and Midwest Tape, Holland, OH - $75,000 for the purchase of library books and other materials for the acquisition of library books and audiovisual materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. APPROPRIATION CODE AND AMOUNT: Appropriation Code: 0315-93527-564400-571-000-0000 Amount: $460,000 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-520 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to lease desktop and laptop computers for three years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,125,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-WSCA-10-ACS; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has leased computers for nine years. The benefits of leasing include operational savings for asset acquisition and maintenance, improved efficiency in user support and asset management, improved security for City systems and network, and improved performance for system users and employees. This term of leasing includes all desktop (~1,250) and laptop (~350) computers within the City. The cost of this lease term is 8% higher than the previous term (2011-2014). The City's computers are upgraded over a 3-year cycle at approximately 33% per year. Costs in the initial year (2014/2015) of the contract will be approximately $325,000. The maximum annual costs for this lease term will be approximately $400,000 in the second and third years. This agreement includes a value added enhancement. Self-Maintainer Program which enables City staff to be trained at no additional costs to function as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions (Hewlett-Packard tracks and pays (reimburses) for these services for every 15 minutes of work performed). Quarterly payments will be budgeted in the Information Technology annual operating budget, and costs prorated to all departments based upon their respective computer counts, through the Administrative Services Fund charge back for Information Technology services. Page 1 City of Clearwater Printed on 12/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-504 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Provide direction on the proposed Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-07004 - 40 Devon Drive) SUMMARY: Site Location and Existing Conditions: The 0.831-acre subject property is located on the north side of Devon Drive approximately 150 feet east of Coronado Drive with 278.68 feet of frontage along Devon Drive. The property spans two zoning districts including Tourist (T) and Low Medium Density Residential (LMDR) and two Future Land Use Plan (FLUP) classifications, Resort Facilities High (RFH) and Residential Urban (RU). The subject property is also located within the Small Motel District of Beach by Design. The portion of the site within the T District is 0.659 acres and remainder of the site within the LMDR District constitutes 0.172 acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The immediate area is characterized by a variety of uses including overnight accommodations, a surface parking lot, and detached dwellings. The property to the west is currently developed with a 108-room 89-foot hotel (Pier House 60), the property on the west side of Coronado Drive has been approved for a 450-room hotel (Wyndham Grand) for which a foundation permit has been approved, the property to the south is developed with a surface parking lot and the properties to the southeast are developed with detached dwellings. The property is used as a 27-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-9029071). The hotel units are located within four two-story buildings. The buildings are located on the western half of the site. The majority of the surface parking is provided on the portion of property zoned LMDR with the remainder on the portion of property zoned T. A landscape buffer approximately 20 feet in width is provided along the south property line adjacent to Devon Drive. Access to the site is provided from Devon Drive via one two-way driveway generally centered along the south property line. Site History: Ø On December 21, 2010, the Community Development Board (CDB) approved Case FLD2010-08001 which permitted an 85-unit overnight accommodation use using 53 units from the Hotel Density Reserve created pursuant to Beach by Design. Ø On January 13, 2011 the City Council approved Case DVA2010-08001 allocating 53 Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-504 units from the Hotel Density Reserve pursuant to Beach by Design. Ø The associated development order for FLD2010-08001 expired on December 12, 2012. Ø On May 21, 2013 the CDB approved Case FLD2013-02007 which authorized an 85 -unit overnight accommodation use (hotel) including 53 units from the Hotel Density Reserve created pursuant to Beach by Design. Ø On June 19, 2013 the City Council approved Case DVA2010-08001A amending the previously approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design. This was required as the site plan exhibit associated with the aforementioned FLD2010-08001 expired. DVA2010-08001A also allocated 53 overnight accommodation units from the Hotel Density Reserve. Ø On March 31, 2013 a one-year development order extension for the FLD2013-02007 was granted by the Community Development Coordinator until May 21, 2015. Ø On August 05, 2014 a two-year development order extension for the FLD2013-02007 was granted until May 21, 2017 pursuant to House Bill 7023. In summary, there exists an approved site plan valid until May 21, 2017 for the construction of an 85-unit overnight accommodation use at a density of 128.98 rooms per acre based only on the lot acreage zoned T District. Development Proposal: This proposal terminates DVA2010-08001A which previously allocated 53 hotel units from the Reserve. The owners now propose to utilize the otherwise permitted density of 32 units and incorporate 66 units from the Hotel Density Reserve through Beach by Design resulting in a total of 98 units (149 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 0.659 acre portion within the T District. The building will be 100 feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposed building design is described as Contemporary Tropical, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via a single two-way driveway located at the southeast corner of the building along Devon Drive. There is also access to the trash staging area at the southwest corner of the building. The first four floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as elevator lobby and trash holding area. In addition to parking, floors two through four also include hotel rooms (nine per floor).The fifth floor will include a pool and pool deck (over parking at the southeast quadrant of the building. Various other outdoor patios are located on the east and west sides of the building at the 5th floor. Amenities such as dining area, lounge and exercise room totaling 6,915 square feet (12.5 percent of the total floor area of the building) are also located on the fifth floor. The remainder of the floor will be dedicated to an upper lobby, three hotel rooms and miscellaneous back-of-house components. Floors six through nine will be dedicated almost entirely to hotel rooms (17 per floor). On the portion of property zoned LMDR District, one detached dwelling is shown on the floor plans and building elevations. The 0.172 acre property supports one dwelling unit. The dwelling unit is proposed to have a common wall with the east façade of the hotel. Consistency with the Community Development Code (CDC): Page 2 City of Clearwater Printed on 12/16/2014 File Number: ID#14-504 Minimum Lot Area and Width: Pursuant to Table 2-803, CDC, the minimum required lot area for overnight accommodations is between 10,000 and 20,000 square feet. The portion of the subject property in the Tourist District is 28,688 square feet in area. Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site for the portion of the property zoned T District along Devon Drive is 4175 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet along the front (south) to building; five feet to building along the rear (north) and 10 feet to building along the side (west). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for buildings which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for overnight accommodations is between 35 and 100 feet. Pursuant to the Code definition of building height, elevator equipment rooms and like mechanical equipment enclosures are permitted to project up to 16 feet higher than the maximum building height. The proposed building height of 100 feet to the top of the roof deck (112 feet to top of flat roof for elevator and other mechanical equipment) is consistent with this CDC section, definition of building height and with the guidelines of Beach by Design. Minimum Off-street Parking: The 98-room overnight accommodation use requires a minimum of 118 off-street parking spaces. A parking garage located on the first four levels of the building will provide 118 spaces. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all sides of the building. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would Page 3 City of Clearwater Printed on 12/16/2014 File Number: ID#14-504 continue to operate at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of 66 units from the Hotel Density Reserve or a maximum density of 148.7 units per acre; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 4 City of Clearwater Printed on 12/16/2014 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“Agreement”) is dated the ______ of __________, 2014, and entered into between DECADE SEA CAPTAIN, LLC (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns .831 acres of real property (.659 zoned “T” and .172 zoned “LMDR”) ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Property was the subject of DVA2010-08001 which was approved by the City Council on January 13, 2011 for the allocation of 53 units from the Hotel Density Reserve; and WHEREAS, an amendment to DVA2010-08001 with application number DVA2010-08001A (53 units from the Hotel Density Reserve) was approved by the City Council on June 19, 2013; and WHEREAS, the Developer desires to enter into this Development Agreement with the City to develop the Property b y demolishing existing hotel rooms and other uses in order to construct 98 overnight accommodation units, meeting space for guest use, pool, new lobby and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit “B”; and WHEREAS, DVA2010-08001 allocated 53 units from the Hotel Density Reserve; this agreement terminates DVA2010-08001 and FLD 2013-02007, and returns those units to the reserve; and WHEREAS, upon completion the planned resort will contain 98 overnight accommodation units, which includes 66 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on , 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has dul y authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently is zoned Tourist (T) and Low Medium Density residential (LMDR) with respective future land use designations of Resort Facilities High (RFH) and Residential Urban (RU). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 40 Devon Dr., Clearwater, FL 33767, as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 98 overnight accommodation units. Of the 98 overnight accommodation units, 66 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 118 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design. 4.4 The density of the Project shall be 149 units per acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 100 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properl y recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereb y agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 a.m., midnight, on Friday and Saturday. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 66 units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrenc y management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the Cit y Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Termination of Prior Development Agreements. DVA2010- 08001and DVA2010-08001A, are hereby terminated. This Termination shall be binding on the parties hereto and their respective successors and assigns. SECTION 12. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 13. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessit y of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 14. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Sea Captain, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copy to: Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 If to City: City of Clearwater, City Manager ATTN: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properl y addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 15. Assignments. 15.1 By the Developer: 15.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 15.1.2 If the assignee of the Developer’s right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 15.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 15.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 15.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 16. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 17. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 18. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonabl y withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 19. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 20. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the bod y of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 21. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinar y meaning and should not be strictly construed against an y party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 22. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 23. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 24. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 25. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended b y mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: DECADE SEA CAPTAIN, LLC, a limited liability company Print Name By: Name: Title: Print Name As to “Developer” CITY OF CLEARWATER, FLORIDA Print Name: By: William B Home II, City Manager Print Name As to “City” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entity. He is [ ] personally known to me or has [ ] produced as identification. Print: Notary Public – State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Print: Notary Public – State of Florida My Commission Expires: EXHIBIT “A” PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Page 18 and 19, of the Public Records of Pinellas County, Florida. Together with a tract of land lying In Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Section 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence S.O5°32'30"W. along said Easterly right-of-way of Coronado Drive, a distance of 116.26 feet to the Northerly right-of-way of First Avenue; thence S.84°25'33"E. along said North right-of-way of First Avenue, a distance of 99.92 feet to the point of beginning; thence N.05°43'48"E., a distance of 178.11 feet to a point on the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall the following Eleven (11) courses and distances: (1) S.83°26'46"E., a distance of 78.43 feet, (2) Easterly along a curve to the right having a radius of 195.34 feet, an arc of 29.59 feet, a chord of 29.56 feet and a chord bearing of S.78°08'53"E., (3) Southeasterly along a curve to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of S.67°23'14"E., (4) S.55°02'38"E., a distance of 11.52 feet, (5) S.52°13'39"E., a distance of 15.22 feet, (6) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 39.26 feet, a chord of 39.20 feet and a chord bearing of S.45°10'29"E., (7) S.31°18'16"E., a distance of 21.66 feet, (8) S.30°11'51"E., a distance of 11.36 feet, (9) S.30°23'47"E., a distance of 44.42 feet, (10) S.30°40'13"E., a distance of 36.72 feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E. to the South boundary line of aforesaid Lot 2 (as occupied); thence N.84°27'50'W. along said South boundary line of Lot 2 (as occupied), a distance of 104.63 feet; thence S.70°43'12"W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84°27'30"W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Beginning. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, of the Public Records of Pinellas County, Florida, and lies between Lots 1 and 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Corner of Lot 2 and run thence S.84°27'04"E. 15 feet to the bulkhead line shown on said map or plat; thence along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 70.73 feet, a chord of 70.44 feet and a chord bearing of N.25°12'05"W., to the point of intersection of said bulkhead line with the projection of the North property line of said Lot 2, said point being 35 feet east of the northeast corner of said Lot 2; thence continue along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 83.28 feet, a chord of 82.80 feet and a chord bearing of N.44°56'24"W., to the intersection of said bulkhead line with the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall with the following: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of S.41°40'59"E.; thence S.31°18'16"E. 21.66 feet; thence S.30°11'51"E. 11.36 feet; thence S.30°23'47"E. 44.42 feet; thence S.30°40'13"E. 36.72 feet; thence along a curve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E., to the Point of Beginning. Containing 0.045 acres, more or less. EXHIBIT “B” Survey, Conceptual Site Plan, and Architectural Drawings CL E A R W A T E R H A R B O R ZO N E V E 1 3 ZO N E A E 1 2 ZO N E A E 1 2 ZO N E A E 1 1 EX I S T I N G B O A T D O C K S P/ L P/ L P/L P/L MA I N R O O F OPEN PARKINGBELOW SW I M M I N G P O O L & D E C K ACTIVITY DECK BELOW FU T U R E TO W N H O M E 15'-0"SETBACK 10'-0"SETBACK LM D R TO U R I S T DI S T R I C T 1ST STREET 1 AR C H I T E C T U R A L S I T E P L A N SC A L E : 3 / 3 2 " = 1 ' - 0 " PR O J E C T N O R T H N LA N D S C A P E A R E A BU I L D I N G E N T R Y / EX I T PU B L I C S I D E W A L K LA N D S C A P E A R E A LANDSCAPE AREALANDSCAPE AREA EXISTING SEAWALL EX I S T I N G S E A W A L L 45'-2"STEPBACK 18'-1" STEPBACK 15'-0" SETBACK 12'-0" 5'-0" 9'- 0 " 1 1 1 40 DEVON DRIVE IT E M : DA T E : SE A 1 4 . 0 1 IS S U E D A T E : SEA CAPTAIN HOTEL PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 7 . 2 5 CLEARWATER, FL A1 _ 0 SI T E P L A N Di m e n s i o n s t o s e a w a l l 9- 1 1 - 1 4 1 HDA2014-07004 Pl a n 2 40 D e v o n D r i v e 36 09 . 0 8 . 1 4 1 NORTH ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 2 SOUTH ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_1 EXTERIOR ELEVATIONS 2 WEST ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" TOP OF MECHANICAL EL.= +125'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " 12 ' - 0 " (VE 13) 1 EAST ELEVATION SCALE: 1/16" = 1'-0" GROUND FLOOR EL.= +4'-0" BASE FLOOD 13'-0" NAVD LEVEL 2 EL.= +15'-0" LEVEL 3 EL.= +25'-0" LEVEL 4 EL.= +35'-0" LEVEL 5 EL.= +47'-0" LEVEL 6 EL.= +61'-0" LEVEL 7 EL.= +73'-8" LEVEL 8 EL.= +86'-4" LEVEL 9 EL.= +99'-0" TOP OF ROOF EL.= +113'-0" 10 0 ' - 0 ' 9' - 0 " 2' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 14 ' - 0 " 12 ' - 8 " 12 ' - 8 " 12 ' - 8 " 14 ' - 0 " (VE 13) TOP OF MECHANICAL EL.= +125'-0" 12 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_2 EXTERIOR ELEVATIONS D E V O N D RIVE 1 S T S T R E E T DEVON DRIVE SOUTH WEST AERIAL NORTH EAST AERIAL 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_3 PERSPECTIVES SOUTH WEST ISOMETRIC SOUTH EAST ISOMETRIC NORTH EAST ISOMETRIC NORTH WEST ISOMETRIC 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_4 ISOMETRICS PROJECT NORTH N CLEARWATER HARBOR ZONE VE 13ZONE AE 12 P/L P/L P/L P/L P/L 1ST STREET 1 GROUND FLOOR SCALE: 3/32" = 1'-0" RAMP UP 6% MAX STAIR C STAIR A UP RAMP UP 6% MAX RA M P U P 6 % M A X FUTURE TOWNHOME LMDR TOURIST DISTRICT TRASH HOLDING AREA LINE OF BUILDING ABOVE OUTDOOR TERRACE LINE OF PARKING RAMP ABOVE 6 2 6 1 9 29 SPACES UP UP 84'-5" 63'-11" 17'-3" 60 ' - 7 " 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 17 ' - 4 " 18'-0"27'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 10 " 18 ' - 0 " 24 ' - 4 " 18 ' - 0 " BUILDING ENTRY/ EXIT STORAGE ZONE VE 13ZONE AE 12 ZONE AE 12ZONE AE 11 HC ELEVATOR LOBBY STAIR B 9'-0" TYP. 10'-0" SETBACK 10'-0" 20 ' - 3 " 15 ' - 0 " S E T B A C K 15 ' - 0 " S E T B A C K 2 3 PARKING FOR FUTURE TOWNHOME 5'-0" 35'-11"45'-9" 10 ' - 0 " 9' - 7 " 5' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_1 GROUND LEVEL 1 2 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP UP 6% MAX RAMP DN PROJECT NORTH N 1 LEVEL 2 SCALE: 3/32" = 1'-0" STAIR C STAIR A UP DNUP RAMP UP 6% MAX RA M P U P 6 % M A X 3 9 TRASH HOLDING AREA 6 2 1 9 3 33 SPACES3 6 STAIR B STORAGE ELEVATOR LOBBY HC 1 2 22'-0" 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_2 LEVEL 2 1 2 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP UP 6% MAX RAMP DN PROJECT NORTH N 1 LEVEL 3 SCALE: 3/32" = 1'-0" STAIR C STAIR A UP RAMP UP 6% MAX RA M P U P 6 % M A X 3 9 6 2 1 9 3 34 SPACES 3 6 STORAGE ELEVATOR LOBBY HC 11 DNUP STAIR B 2 22'-0" 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_3 LEVEL 3 PROJECT NORTH N 1 LEVEL 4 SCALE: 3/32" = 1'-0" 1 2 4 5 6 7 8 GUEST CORRIDOR GUEST CORRIDOR DNUP RAMP DN STAIR C STAIR A UP 3 9 22'-0" 2 LINE OF PARKING RAMP ABOVE SWIMMING POOL ABOVE 1 6 STORAGE ELEVATOR LOBBY 32'-0"32'-4"12'-8" 13 ' - 0 " 87 ' - 2 " 22 ' - 2 " 24 ' - 0 " 24 ' - 0 " 5'-0" 12'-0"10'-4"12'-0"10'-0"12'-0"10'-0"12'-0"10'-0"7'-7" 5' - 0 " 5' - 0 " 4'-4" 14'-6" 43'-4" 14'-6" 17'-3" 60 ' - 7 " 9' - 7 " HC 6 24 SPACES RAMP UP 6% MAX 3 3 DNUP STAIR B LINE OF PARKING RAMP ABOVE OPEN TO BELOW 2 PARKING GARAGE TURN AROUND 35'-11"45'-9" 10 ' - 0 " 5' - 0 " 24 ' - 0 " 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_4 LEVEL 4 PROJECT NORTH N 1 LEVEL 5 SCALE: 3/32" = 1'-0" 2 3 STAIR A UP DNUP ELEVATOR LOBBY OPEN TO BELOW ACTIVITY DECK SWIMMING POOL POOL DECK HOTEL LOBBY LOBBY LOUNGE LOBBY BAR KITCHEN EXERCISE ROOM STAIR B 14'-6" 43'-4" 14'-6" 32'-0" 70'-6" 16'-9" 5'-0" 5'-0" 5'-0" 42 ' - 6 " 35'-11" 37'-4" 3'-4" LAUNDRY ROOM 1 DINING AREA 16'-2"61'-7" 87 ' - 1 0 " ADMINISTRATION FRONT DESK 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_5 LEVEL 5 PROJECT NORTH N 1 LEVELS 6-9 SCALE: 3/32" = 1'-0" 7 8 9 10 GUEST CORRIDOR STAIR A UP 11 DNUP HSKP 1 2 3 4 5 6 16 15 14 13 12 17 GUEST CORRIDOR ELEVATOR LOBBY STAIR B POOL DECK BELOW 14'-6" 43'-4" 14'-6" 32'-0" 70'-6" 16'-9" 5'-0" 5'-0" 5'-0" 42 ' - 6 " 35'-11" 77'-0" 37'-4" 3'-4" 16'-2" VEND ACTIVITY DECK BELOW 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A2_6 LEVELS 6-9 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (“Declaration”) is made as of the ____ day of ____________, 2014, by DECADE SEA CAPTAIN, LLC, a Florida limited liability company (“Developer”). Developer is the owner of fee simple title to the real property described in Schedule “A” attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach b y Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Propert y in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Densit y Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 66 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facilit y as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," “hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2014. In the Presence of: DECADE SEA CAPTAIN, LLC, a limited liability company. Print Name Print Name As to “Developer” By: Name: Title CITY OF CLEARWATER, FLORIDA Print Name: City Manager By: William B Home II, Print Name As to “City” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notary Public – State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. My Commission Expires: Print: Notary Public – State of Florida EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of , 2014, by (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2014. In the Presence of: DECADE SEA CAPTAIN, LLC a limited liability company Print Name Print Name As to “Developer” By: Name: Title CITY OF CLEARWATER, FLORIDA By: Print Name: William B Home II, City Manager Print Name As to “City” Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by ________________________, as _________ of Decade Sea Captain, LLC, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notary Public – State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Print: Notary Public – State of Florida My Commission Expires SCHEDULE A PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Page 18 and 19, of the Public Records of Pinellas County, Florida. Together with a tract of land lying In Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Section 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence S.O5°32'30"W. along said Easterly right-of-way of Coronado Drive, a distance of 116.26 feet to the Northerly right-of-way of First Avenue; thence S.84°25'33"E. along said North right-of-way of First Avenue, a distance of 99.92 feet to the point of beginning; thence N.05°43'48"E., a distance of 178.11 feet to a point on the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall the following Eleven (11) courses and distances: (1) S.83°26'46"E., a distance of 78.43 feet, (2) Easterly along a curve to the right having a radius of 195.34 feet, an arc of 29.59 feet, a chord of 29.56 feet and a chord bearing of S.78°08'53"E., (3) Southeasterly along a curve to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of S.67°23'14"E., (4) S.55°02'38"E., a distance of 11.52 feet, (5) S.52°13'39"E., a distance of 15.22 feet, (6) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 39.26 feet, a chord of 39.20 feet and a chord bearing of S.45°10'29"E., (7) S.31°18'16"E., a distance of 21.66 feet, (8) S.30°11'51"E., a distance of 11.36 feet, (9) S.30°23'47"E., a distance of 44.42 feet, (10) S.30°40'13"E., a distance of 36.72 feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E. to the South boundary line of aforesaid Lot 2 (as occupied); thence N.84°27'50'W. along said South boundary line of Lot 2 (as occupied), a distance of 104.63 feet; thence S.70°43'12"W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84°27'30"W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Beginning. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, of the Public Records of Pinellas County, Florida, and lies between Lots 1 and 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Corner of Lot 2 and run thence S.84°27'04"E. 15 feet to the bulkhead line shown on said map or plat; thence along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 70.73 feet, a chord of 70.44 feet and a chord bearing of N.25°12'05"W., to the point of intersection of said bulkhead line with the projection of the North property line of said Lot 2, said point being 35 feet east of the northeast corner of said Lot 2; thence continue along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 83.28 feet, a chord of 82.80 feet and a chord bearing of N.44°56'24"W., to the intersection of said bulkhead line with the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seawall with the following: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of S.41°40'59"E.; thence S.31°18'16"E. 21.66 feet; thence S.30°11'51"E. 11.36 feet; thence S.30°23'47"E. 44.42 feet; thence S.30°40'13"E. 36.72 feet; thence along a curve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S.27°09'16"E., to the Point of Beginning. Containing 0.045 acres, more or less. 2 NE MASSING MODEL NTS 1 SW MASSING MODEL NTS 40 D E V O N D R I V E ITEM:DATE: SEA14.01 ISSUE DATE: SE A C A P T A I N HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: PRELIMINARY DESIGN ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.07.25 CL E A R W A T E R , F L A5_5 MASSING MODEL 40 Devon Dr. (HDA 2010‐08001A) 2014 1 Attachment C Beach by Design Criteria a) Density: DESIGN RESPONSE: The project will maintain an overnight accommodation density of 148 units per acre based on a 0. 659 acre parcel for a total of 98 units. This includes 85 base density units comprised of 32 Base Units plus 53 Units obtained previously from the Hotel Density Pool - FLD2013-02007, plus an additional 13 Density Units currently requested from the density pool.) b) Height & Separation: DESIGN RESPONSE: The additional maximum base flood elevation on site is (VE) 13 feet. The maximum allowable building height is 100 feet above the base flood elevation. The proposed building height is 100 feet zero inches above the base flood elevation, to top of roof, and 112 feet zero inches to top of roof top mechanical and stair towers. c) Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: The shape of the project site is close to a square, the first three floors of the building, the garage, maintains similar width and length dimensions, however the height of the base is significantly less than either of the two other dimensions. Above the garage base the tower portion maintains about a two to one width to length dimension. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: HDA2014-07004 Plan 2 40 Devon Drive 48 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 2 The proposed design adds many horizontal steps in the building facades such that no one surface is longer than 100 feet without a break in the façade. See attached plans and elevations, 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: In the proposed elevation design, a significant portion of each façade is composed of windows, balconies, or articulated façade. The result is that over 60% of each façade is covered in windows and/or architectural decoration. See attached plans and elevations 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: The proposed design occupies approximately 35% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. See attached plans and elevations, 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: The building height is maintained at 100-feet. The height is allowed for in Beach by Design See attached plans and elevations, 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. DESIGN RESPONSE: The building will be designed to provide dining, recreation, and a mix of uses typical in a limited service Hotel. HDA2014-07004 Plan 2 40 Devon Drive 49 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 3 d) Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: a) Fifteen feet (15') along arterials, b) Twelve feet (12') along local streets. DESIGN RESPONSE: The design proposes the required 15’ setback along 1st St. and Devon Drive for a portion of the building frontage, then the building stepback increases to 20’ and 25’. 2. Side and Rear Setbacks Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. DESIGN RESPONSE: 10’ setbacks are proposed. We are also proposing an 18 foot setback, to structure, along the existing seawall, with the building above cantilevering 8’ to a 10 foot setback 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: N/A b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). HDA2014-07004 Plan 2 40 Devon Drive 50 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 4 DESIGN RESPONSE: N/A c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. DESIGN RESPONSE: N/A e. Required stepbacks shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: N/A e) Street-Level Facades The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. At least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a) street level facade means that portion of a building facade from ground level to a height of twelve feet (12') DESIGN RESPONSE: At least 60% of the street level facades are transparent. The facades open to the inset building entry and drop-off area. The garage is decoratively screened with metal screening. Additionally, as defined below, the buildings step back 15 feet or more from the street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, HDA2014-07004 Plan 2 40 Devon Drive 51 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 5 b) transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped courtyard DESIGN RESPONSE: The buildings step back 15 feet or more from the street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, c) Parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. At the 2nd level we propose undecorated garage openings, however, the openings will still be modulated to coordinate with the general rhythm and pattern of the other building façade openings and windows. The openings in the parking area at the 3rd floor level is pulled back minimally 15 feet from the face of the building, effectively hiding the openings from pedestrian and higher levels. See attached plans and elevations, 2. Window coverings, and other opaque materials may cover not more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: Not more than 10% of the area of any street-level windows are opaqued, 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: Acknowledged, There are no retail accessory spaces planned for this building. HDA2014-07004 Plan 2 40 Devon Drive 52 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 6 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: The design proposes a highly articulated building façade that differentiates the residential tower from the more average garage portion. At the garage entry we are proposing a two story decorative and articulated entrance. These façade articulations will serve to identify the available hotel activity areas and entrances. See attached plans and elevations f) Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. At the second level we propose undecorated garage openings, however, the openings will still be modulated to coordinate with the general rhythm and pattern of the other building façade openings and windows. The openings in the parking area at the 3rd floor level is pulled back minimally 15 feet from the face of the building, effectively hiding the openings from pedestrian and higher levels. See attached plans and elevations, g) Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich HDA2014-07004 Plan 2 40 Devon Drive 53 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 7 boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: Signage shall be designed per code and submitted for approval along with the building permit. h) Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty- five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that: 1. Movement of pedestrians along the sidewalk is not obstructed; and non- pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and shall be submitted for approval at DRC application. i) Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Street Benches and trash receptacles area proposed along Devon Drive and shall be designed per code and submitted for approval at building permit. HDA2014-07004 Plan 2 40 Devon Drive 54 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 8 j) Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting, if provided by this owner, shall be designed per code and submitted for approval at building permit. k) Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: a. Tall enough to limit unsupervised access by small children, and b. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: There are no fountains planned for the property, at this time. L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. DESIGN RESPONSE: HDA2014-07004 Plan 2 40 Devon Drive 55 09.08.14 40 Devon Dr. (HDA 2010‐08001A) 2014 9 The building colors are planned as a lighter and darker beige, sand and white, to coordinate with it’s sister building, Pier 60, next door. All colors proposed are to follow the BbD color palate. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; Or c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating paver styles as well as concrete. 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: There are no benches being proposed currently, for this proposal. 4. Color Palette A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: The building shall utilize the BbD color palates. HDA2014-07004 Plan 2 40 Devon Drive 56 09.08.14 UPDATED 09/11/2014 Address of Receiving Property Rooms Allocated Total Rooms ProposedAcreageUnits / Acre Rooms per Base DensityCDB Meeting City Council Approval Expiration Date Case Number PlannerNotes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72150.00 36 5/19/20098/6/2009ConstructedFLD2009-03013 / DVA2009-00001Wells 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 11811/17/200912/17/2009ConstructedFLD2008-12033 / DVA2008-00002Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011 Total Number of Rooms Allocated from Reserve114 Address of Receiving Property Rooms Allocated Total Rooms Proposed AcreageUnits / Acre Rooms per Base DensityCDB Meeting City Council Approval Expiration Date Case Number Planner Notes 300 Hamden Drive (Hotel A)95 142 1.10129.09 47 11/17/200912/17/200911/17/2014FLD2009-08026 / DVA2009-00002Wells 316 Hamden Drive (Hotel B)79 118 0.82143.90 39 11/17/200912/17/200911/17/2014FLD2009-08027 / DVA2009-00003Wells 40 Devon Drive (Sea Captain)53 85 0.66128.9832.005/21/20131/13/20115/21/2015FLD2013-02007 / DVA2010-08001AJacksonone year time extension granted - DOfor FLD2013-02007 expires 05-21-15 443 East Shore Drive (Courtyard by Marriott)71 134 1.26106.35 63 6/19/20127/19/20129/16/2014FLD2012-03008/DVA2012-03001Jackson one year time extension granted - DOfor FLD2012-03008 expires 09-16-14; Building Permit applied for: BCP2014-08618 - submitted 08-29-14 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95107.37 47 6/18/20137/19/20136/23/2015FLS2013-02006 / DVA2013-02001Nurnberger 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44119.00 71 5/21/20136/19/20136/19/2015FLD2013-03011 / DVA2013-03001Nurnberger Came in for additional site plan approval and a revision to the HDA - see FLD2014-03007/HDA2014-02001 691 S. Gulfview Boulevard (the Views)92 202 1.34150.75 67 N/A10/16/201312/17/2015HDA2013-08001/FLD2013-08028Nurnberger 325 South Gulfview Boulevard 100 180 1.60112.50 80 N/A 6/4/20146/4/2015 HDA2013-08004 Parry 353 Coronado Drive 96 158 0.962164.24 48 N/A6/19/20146/19/2015 HDA2013-08005 Parry 625 South Gulfview Boulevard 69 103 0.69149.28 64 N/A12/4/201311/20/2015 HDA2013-08007 Parry The maximum amount of units allotted is 69 although as few as 39 may be used. It is possible that 30 units may be returned to the Reserve. Term. Of Status for density approved October 15, 2013, see FLD2013-08025 715 South Gulfview Boulevard 93 208 2.31389.93 115.65 N/A2/20/20142/20/2015 HDA2013-12008 Parry The acreage is the portion of the site remaining after subtracting the amount of land needed to support 74 attached dwelling units. The total site is 4.38 acres (zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437125.96 71 N/A4/16/20144/16/2015FLD2014-03007/HDA2014-02001Nurnberger 521 South Gulfview Boulevard 30 344 3.90888.02 314 N/A6/19/20146/19/2015 FLD2013-11038/FLD2014-06019/ HDA2014-04002 Parry site plan as related to HDA214-04002 approved as part of FLD201311038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 (pending DRC review) Total Number of Rooms Allocated from Reserve923 Address of Receiving Property Rooms Allocated Total Rooms Proposed AcreageUnits / Acre Rooms per Base DensityCDB Meeting City Council Approval Expiration Date Case Number Planner Notes 405 Coronado Drive 100 166 1.32125.76 66 N/APENDINGPENDING HDA2013-08006 ParryScheduled CC 1st Reading: 09-04-14 and 2nd Reading: 09-18-14 401 South Gulfview Boulevard 100 227 1.953117.00 98 N/APENDINGPENDING HDA2014-06004 Parry Scheduled DRC meeting: 08-07-14; CC 1st Reading: 09-04-14 and 2nd Reading: 09-18-14 40 Devon Drive 13 98 0.659148.70 32 N/APENDINGPENDING HDA2014-07004 Jackson DRC Meeting: 09-04-14; Tentative CC 1st Reading: 10/02/14 and 2nd Reading: 10-15-14 630 South Gulfview Boulevard 100 159 1.19133.61 60 N/APENDINGPENDING HDA2014-08007 Parry Scheduled DRC meeting: 10-02-14; Tentative CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-14 706 Bayway 15 32 0.34991.69 17 N/APENDINGPENDING HDA2014-08006 Parry Scheduled DRC meeting: 10-02-14; Tentative CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-14 405/408 East Shore Drive 20 N/APENDINGPENDING Jackson Total Number of Rooms Pending Allocation348 Total Number of Rooms in Reserve1,385 APPROVED HOTEL DENSITY RESERVE PROJECTS PENDING HOTEL DENSITY RESERVE PROJECTS CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS Total Number of Rooms Allocated from Reserve 1,037 Total Number of Rooms Pending Allocation 348 Total Remaining For Allocation0 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8581-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8581-14 on second reading, annexing certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8581-14 ORDINANCE NO. 8581-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSESARE1260 PALM STREET AND 1283 PALM STREET, TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF PALM STREET AND BETTY 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 ownersof the real propertiesdescribed herein and depicted on the map attached hereto as Exhibit Bhas petitioned the City of Clearwater to annex the propertiesinto 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 propertiesarehereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION (ANX2014-07012) The map attached as Exhibit Bis hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning andDevelopment 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. Ordinance No. 8581-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS A NX2014-07012 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0240 Lot 24, Block A 1260 Palm Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-46998-000-0170 Lot 17 and North 18.4’ of Lot 18 1283 Palm Street together with: - all Right of Way of Palm Street and Betty Lane abutting Lot 17 and North 18.4 feet of Lot 18. The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. Exhibit B Proposed Annexation Map Owner MULTIPLE OWNERS Case: ANX2014-07012 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Total ROW Size: 0.307 0.331 Land Use Zoning PIN: 03-29-15-15840-001-0240 03-29-15-46998-000-0170 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 15840 46998 A F A B C A 14 15 16 17 18 19 20 21 22 232425262728293031 14 15 16 17 18 19 20 21 22 232425262728293031 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 J910 11 1 1 2 3 4 5 6 7 8 9 1011 106 1071 1 DUNEDIN UNION ST PALM ST BETTY LN BERMUDA ST 12 6 5 12 6 7 12 5 5 12 5 9 12 6 3 2073 2071 2079 2081 12 7 4 12 7 8 2087 12 5 9 12 7 1 12 6 3 13 0 9 2069 12 5 4 12 4 6 12 4 2 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 6 4 12 6 2 12 4 2 12 3 4 2060 2064 2066 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 8 2 12 7 0 12 6 6 12 6 2 12 5 6 12 5 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 12 3 7 2083 2067 2063 2065 12 5 0 12 3 1 12 7 6 12 6 8 12 5 6 12 5 0 12 3 2 12 8 3 12 3 3 12 6 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 3 5 -N o t t o S c a l e - -N o t a S u r v e y - Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8582-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8582-14 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 addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8582-14 ORDINANCE NO. 8582-14 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 PROPERTIESLOCATED GENERALLY SOUTH OF UNION STREET, EASTOF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSESARE1260 PALM STREET AND 1283 PALM STREET, TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF PALM STREET AND BETTY 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 ITORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category SEE ATTACHED EXHIBIT A FOR LEGALResidential Urban (RU) (ANX2014-) The map attached as Exhibit Bis hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No.8581-14. Ordinance No. 8582-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS A NX2014-07012 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0240 Lot 24, Block A 1260 Palm Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-46998-000-0170 Lot 17 and North 18.4’ of Lot 18 1283 Palm Street together with: - all Right of Way of Palm Street and Betty Lane abutting Lot 17 and North 18.4 feet of Lot 18. The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. Exhibit B Future Land Use Map Owner MULTIPLE OWNERS Case: ANX2014-07012 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Total ROW Size: 0.307 0.331 Land Use Zoning PIN: 03-29-15-15840-001-0240 03-29-15-46998-000-0170 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 15840 46998 A F A B C A 14 15 16 17 18 19 20 21 22 232425262728293031 14 15 16 17 18 19 20 21 22 232425262728293031 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 J910 11 1 1 2 3 4 5 6 7 8 9 1011 106 1071 1 DUNEDIN RU RU RU RU RU UNION ST PALM ST BETTY LN BERMUDA ST 12 6 5 12 6 7 12 5 9 12 6 3 2073 2071 2079 2081 2083 12 7 4 12 7 8 2087 12 5 9 12 7 1 12 6 3 13 0 9 2063 2069 12 5 4 12 5 0 12 4 6 12 4 2 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 2060 2064 2066 12 7 9 12 7 5 12 6 7 12 5 1 12 4 5 12 3 9 12 3 5 12 8 2 12 7 0 12 6 6 12 6 2 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 5 5 2067 2065 12 3 1 12 8 3 12 5 5 12 5 7 12 3 3 12 6 0 -N o t t o S c a l e - -N o t a S u r v e y - RU RU Exhibit B Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8583-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8583-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8583-14 ORDINANCE NO. 8583-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIESLOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSESARE1260 PALM STREET AND 1283 PALM STREET, TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF PALM STREET AND BETTY 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 propertieslocated in Pinellas County, Florida, arehereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit Bis hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8581-14. Property Zoning District SEE ATTACHED EXHIBIT A FOR LEGAL Low Medium Density Residential (LMDR) (ANX2013-07012) Ordinance No. 8583-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS A NX2014-07012 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0240 Lot 24, Block A 1260 Palm Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-46998-000-0170 Lot 17 and North 18.4’ of Lot 18 1283 Palm Street together with: - all Right of Way of Palm Street and Betty Lane abutting Lot 17 and North 18.4 feet of Lot 18. The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. Exhibit B Zoning Map Owner MULTIPLE OWNERS Case: ANX2014-07012 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Total ROW Size: 0.307 0.331 Land Use Zoning PIN: 03-29-15-15840-001-0240 03-29-15-46998-000-0170 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 15840 46998 A F A B C A 14 15 16 17 18 19 20 21 22 232425262728293031 14 15 16 17 18 19 20 21 22 232425262728293031 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 J910 11 1 1 2 3 4 5 6 7 8 9 1011 106 1071 1 DUNEDIN UNION ST PALM ST BETTY LN BERMUDA ST LMDR 12 6 5 12 6 7 12 5 5 12 5 9 12 6 3 2073 2071 2079 2081 12 7 4 12 7 8 2087 12 5 9 12 7 1 12 6 3 13 0 9 2069 12 5 4 12 4 6 12 4 2 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 6 4 12 6 2 12 3 4 2060 2064 2066 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 8 2 12 7 0 12 6 6 12 6 2 12 5 6 12 5 0 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 4 7 12 4 5 12 4 1 12 3 7 2083 2067 2063 2065 12 5 0 12 3 1 12 7 6 12 6 8 12 5 6 12 5 0 12 4 2 12 3 2 12 8 3 12 3 3 12 6 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 3 5 -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Exhibit B Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8588-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8588-14 on second reading, annexing certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8588-14 ORDINANCE NO. 8588-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF CALUMET STREET, APPROXIMATELY 2,300 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF METES & BOUNDS TRACT 34/271 IN SECTION 01 TOWNSHIP 29 S, RANGE 15 E,WHOSE POST OFFICE ADDRESS IS 1710 CALUMET STREET, CLEARWATER, FLORIDA 33765, 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 Ahas 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 annexedinto the City of Clearwater and the boundary lines of the City are redefined accordingly: Commence at the South 1/4 (the Southeast corner of the Southwest 1/4) of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89°21'54" West, 50.01 feet, along the South boundary of said Section 1, to a point on the West right-of-way line of Hercules Avenue; thence South 00°18'13" West, 171.55 feet, along said West right-of-way line to a point on the Northerly right-of-way line of theSeaboard System Railroad right-of-way; thence North 72°54'38" West, 1139.02 Feet along said Northerly right-of-way line, to the Point of Beginning; thence North 72°54'38" West, 224.36 feet, along the aforementioned Northerly right-of-way line; thence North 00°09'52" West, 297.58 feet; thence South 89°28'38" East, 189.97 feet; thence South 00°12'55" East, 60.00 feet; thence South 04°45'32" East, 302.82 feet, to the Point of Beginning. (ANX2014-07010) The map attached as Exhibit Ais hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. 2 Ordinance No. 8588-14 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 George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Annexation Map Owner: Instrument Transformers, Inc. Case: ANX2014-07010 Site: 1710 Calumet Street Property Size (Acres): 1.5 acres Land Use Zoning PIN: 01-29-15-00000-340-2710 From : To: IG M-2 IG IRT Atlas Page: 262A 60 60 60 60 60 60 60 83 60 60 33 50 100 15 15 15 15 100 83 100 15 50 50 SEABOARD COASTLINE RAILROAD 100 100 100 100 60 60 01260 70164 70164 9 15 16 25 26 27 28 26 25 24 23 22 19 18 17 16 15 14 1312 11 10 98 7 6 54 3 2 1 5 4 34/010 34/0534/0634/1034/1234/13 34/16 34/17 34/18 34/24 34/25 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 17.74 1.10 34/14 34/36 2.65 34/181 34/351 1.26 34/271 1.50 34/251 NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE 60 60 60 50 60 100 5 4 3 2 50 60 60 72.8 21 2 26 50 60 45 45 60 75 60 60 100 60 60 60 60 55 50 SEABOARD 100 70182 38250 (001) 8 7 10 9 6 5 11 12 1 23 4 5 6 7 8 9 10 20 1918 17 16 1514 13 12 11 22 23 24 25 26 27 28 29 30 4 3 2 1 TRACT A 21 (001) 5 4 8 9 6 12 1415 A C(C) A C(C) A C 3 1 1 2 1 2 3 12 1 2 1 1 1 A C(C) A C N KEENE RD N HERCULES AVE CALUMET ST SHERWOOD ST GREENLEA DR ARCUTRAS AVE BRAXTON BRAGG LN SHERWOOD ST 1553 19 3 9 1426 1600 1680 1698 1610 1907 1788 1790 1798 1850 19 2 0 19 1 6 19 2 5 19 3 7 1909 1905 1903 1640 19 2 0 19 0 1 1640 1650 1650 1701 1912 1910 1782 1914 1780 1897 1821 1831 1820 1830 1781 1751 1771 1750 1770 1780 1750 1770 1760 1670 1741 1739 1760 1761 1770 1780 1771 1781 1791 1805 1855 1850 1840 1830 1801 1807 1817 1833 1783 1782 1944 1949 1801 1770 1750 1784 1780 1700 1945 1975 1783 1524 1907 1791 1739Well 15 16 16 1965 1967 1975 1943 1955 1959 1985 1989 1979 1995 1928 1936 1944 1948 1984 1974 1982 1988 183 17 1786 1810 1351 1555 1730 1710 1908 1904 1740 00 54 42 48 36 60 30 66 1783 1784 06 24 1715 1980 1950 1740 1955 1965 1410 142 1710 16 1525 1737 184 1792 17 17 180 -N o t t o S c a l e - -N o t a S u r v e y - Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8589-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8589-14 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 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial General (IG). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8589-14 ORDINANCE NO. 8589-14 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 LOCATEDON THE WEST SIDE OF CALUMET STREET, APPROXIMATELY 2,300 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF METES & BOUNDS TRACT 34/271 IN SECTION 01 TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1710 CALUMET STREET, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL GENERAL (IG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Commence at the South 1/4 (the Southeast corner of the Southwest 1/4) of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89°21'54" West, 50.01 feet, along the South boundary of said Section 1, to a point on the West right-of-way line of Hercules Avenue; thence South 00°18'13" West, 171.55 feet, alongsaid West right-of- way line to a point on the Northerly right-of- way line of the Seaboard System Railroad right-of-way; thence North 72°54'38" West, 1139.02 Feet along said Northerly right-of- way line, to the Point of Beginning; thence North 72°54'38" West, 224.36 feet, along the aforementioned Northerly right-of-way line; thence North 00°09'52" West, 297.58 feet; thence South 89°28'38" East, 189.97 feet; thence South 00°12'55" East, 60.00 feet; thence South 04°45'32" East, 302.82 feet, to the Point of Beginning. Industrial General (IG) 2 Ordinance No. 8589-14 (ANX2014-07010) The map attached as Exhibit Ais hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8588-14. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Future Land Use Map Owner: Instrument Transformers, Inc. Case: ANX2014-07010 Site: 1710 Calumet Street Property Size (Acres): 1.5 acres Land Use Zoning PIN: 01-29-15-00000-340-2710 From : To: IG M-2 IG IRT Atlas Page: 262A 60 60 60 60 60 60 60 83 60 60 33 50 100 15 15 15 15 100 83 100 15 50 50 SEABOARD COASTLINE RAILROAD 100 100 100 100 60 60 01260 70164 70164 9 15 16 25 26 27 28 26 25 24 23 22 19 18 17 16 15 14 1312 11 10 98 7 6 54 3 2 1 5 4 34/010 34/0534/0634/1034/1234/13 34/16 34/17 34/18 34/24 34/25 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 17.74 1.10 34/14 34/36 2.65 34/181 34/351 1.26 34/271 1.50 34/251 NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE 60 60 60 50 60 100 5 4 3 2 50 60 60 72.8 21 2 26 50 60 45 45 60 75 60 60 100 60 60 60 60 55 50 SEABOARD 100 70182 38250 (001) 8 7 10 9 6 5 11 12 1 23 4 5 6 7 8 9 10 20 1918 17 16 1514 13 12 11 22 23 24 25 26 27 28 29 30 4 3 2 1 TRACT A 21 (001) 5 4 8 9 6 12 1415 A C(C) A C(C) A C 3 1 1 2 1 2 3 12 1 2 1 1 1 A C(C) A C IG IG RS IL I IL IL P T/U IG RS IL IL R/OS IL CG I IL R/OS N KEENE RD N HERCULES AVE CALUMET ST SHERWOOD ST GREENLEA DR ARCUTRAS AVE BRAXTON BRAGG LN 1553 19 3 9 1426 1600 1698 1907 1788 1790 1798 1850 19 2 0 19 1 6 19 2 5 19 3 7 1909 1905 1903 1640 19 2 0 1640 1650 1650 1701 1912 1910 1782 1914 1780 1897 1821 1831 1820 1830 1781 1751 1771 1750 1770 1780 1750 1770 1760 1670 1741 1739 1760 1761 1770 1780 1771 1791 1805 1855 1850 1840 1830 1801 1833 1783 1782 1944 1949 1801 1770 1750 1784 1780 1700 1945 1975 1524 1907 1791 15 16 16 1965 1967 1975 1943 1955 1959 1985 1989 1979 1995 1928 1936 1944 1948 1984 1974 1982 1988 1680 1610 183 17 1786 1810 1351 1901 1555 1730 1710 1908 1904 1740 1781 1807 1817 00 54 42 48 36 60 30 66 1783 1784 06 24 1715 1980 1950 1740 1955 1965 1410 142 1710 16 1783 1525 1737 184 1792 17 17 180 1739Well -N o t t o S c a l e - -N o t a S u r v e y - IG Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8590-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 8590-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Research and Technology (IRT). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8590-14 ORDINANCE NO. 8590-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATEDON THE WEST SIDE OF CALUMET STREET, APPROXIMATELY 2,300 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF METES & BOUNDS TRACT 34/271 IN SECTION 01 TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1710 CALUMET STREET, CLEARWATER, FLORIDA 33765,UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL RESEARCH AND TECHNOLOGY (IRT); 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 Zoning District Industrial Research and Technology (IRT) Commence at the South 1/4 (the Southeast corner of the Southwest 1/4) of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89°21'54" West, 50.01 feet, along the South boundary of said Section 1, to a point on the West right-of-way line of Hercules Avenue; thence South 00°18'13" West, 171.55 feet, along said West right-of- way line to a point on the Northerly right-of- way line of the Seaboard System Railroad right-of-way; thence North 72°54'38" West, 1139.02 Feet along said Northerly right-of- way line, to the Point of Beginning; thence North 72°54'38" West, 224.36 feet, along the aforementioned Northerly right-of-way line; thence North 00°09'52" West, 297.58 feet; thence South 89°28'38" East, 189.97 feet; thence South 00°12'55" East, 60.00 feet; thence South 04°45'32" East, 302.82 feet, to the Point of Beginning. 2 Ordinance No. 8590-14 The map attached as Exhibit Ais hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8588-14. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk (ANX2014-07010) Exhibit A Zoning Map Owner: Instrument Transformers, Inc. Case: ANX2014-07010 Site: 1710 Calumet Street Property Size (Acres): 1.5 acres Land Use Zoning PIN: 01-29-15-00000-340-2710 From : To: IG M-2 IG IRT Atlas Page: 262A 60 60 60 60 60 60 60 83 60 60 33 50 100 15 15 15 15 100 83 100 15 50 50 SEABOARD COASTLINE RAILROAD 100 100 100 100 60 60 01260 70164 70164 9 15 16 25 26 27 28 26 25 24 23 22 19 18 17 16 15 14 1312 11 10 98 7 6 54 3 2 1 5 4 34/010 34/0534/0634/1034/1234/13 34/16 34/17 34/18 34/24 34/25 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 17.74 1.10 34/14 34/36 2.65 34/181 34/351 1.26 34/271 1.50 34/251 NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE 60 60 60 50 60 100 5 4 3 2 50 60 60 72.8 21 2 26 50 60 45 45 60 75 60 60 100 60 60 60 60 55 50 SEABOARD 100 70182 38250 (001) 8 7 10 9 6 5 11 12 1 23 4 5 6 7 8 9 10 20 1918 17 16 1514 13 12 11 22 23 24 25 26 27 28 29 30 4 3 2 1 TRACT A 21 (001) 5 4 8 9 6 12 1415 A C(C) A C(C) A C 3 1 1 2 1 2 3 12 1 2 1 1 1 A C(C) A C N KEENE RD N HERCULES AVE CALUMET ST SHERWOOD ST GREENLEA DR ARCUTRAS AVE BRAXTON BRAGG LN SHERWOOD ST I IRT IRT I OS/R I 1553 19 3 9 1426 1600 1680 1698 1610 1907 1788 1790 1798 1850 19 2 0 19 1 6 19 2 5 19 3 7 1909 1905 1640 19 2 0 19 0 1 1640 1650 1650 1701 1912 1910 1782 1914 1780 1821 1831 1820 1830 1781 1751 1771 1750 1770 1780 1750 1770 1760 1670 1741 1739 1760 1761 1770 1780 1771 1781 1791 1805 1855 1850 1840 1830 1801 1807 1817 1833 1783 1782 1944 1949 1801 1770 1750 1784 1780 1700 1945 1975 1524 1907 1791 1739Well 15 16 16 1965 1967 1975 1943 1955 1959 1985 1989 1979 1995 1928 1936 1944 1948 1984 1974 1982 1988 183 17 1786 1810 1903 1351 1555 1730 1710 1908 1904 1897 1740 00 54 42 48 36 60 30 66 1783 1784 06 24 1715 1980 1950 1740 1955 1965 1410 142 1710 16 1783 1525 1737 184 1792 17 17 180 -N o t t o S c a l e - -N o t a S u r v e y - IRT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8592-14 Agenda Date: 9/29/2014 Status: PassedVersion: 2 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 8592-14 on second reading, approving the vacation of a portion of Brownell Street, a city right-of-way. (VAC2014-01 Fire Station 45) SUMMARY: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8592-14 ORDINANCE NO. 8592-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, ALL OF THE RIGHT-OF-WAY ABUTTING THE SOUTH LOT LINES OF LOTS 8, 9, 10 AND 11 OF BLOCK 1, AND THE NORTH LOT LINES OF LOTS 8, 9, 10, AND 11 OF BLOCK 2, ALL PROPERTIES DESCRIBED IN THE PLAT “MOASE AND HARRISON” LOCATED IN HILLSBOROUGH PLAT BOOK 2 PAGE 85 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida, owner of real property located in the City of Clearwater, finds it necessary to vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said right-of-way is not necessary for use as a public roadway, 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: ALL OF THE RIGHT-OF-WAY ABUTTING THE SOUTH LOT LINES OF LOTS 8, 9, 10 AND 11 OF BLOCK 1, AND THE NORTH LOT LINES OF LOTS 8, 9, 10, AND 11 OF BLOCK 2, ALL PROPERTIES DESCRIBED IN THE PLAT “MOASE AND HARRISON” LOCATED IN HILLSBOROUGH PLAT BOOK 2 PAGE 85 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FL is hereby vacated, closed and released, and the City of Clearwater releases its right, title and interest thereto only to the extent that this property is used as a public right-of-way; however, the City reserves its fee simple interest for any and all other purposes. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. Ordinance No. 8592-14 PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ _______________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk No r t h R / W So u t h R / W 30.00' PR O P O S E D R I G H T - O F - W A Y TO B E V A C A T E D Legal DescriptionA Portion of the 30 foo t R i g h t - o f W a y t o b e v a c a t e d a n d d e s c r i b e d a s : All of the Right-of-Wa y a b u t t i n g t h e S o u t h l o t l i n e s o f L o t s 8 , 9 , 1 0 a n d 1 1 o f B l o c k 1 , a n d t h e N o r t h lot lines of Lots 8, 9, 10 a n d 1 1 o f B l o c k 2 , a l l p r o p e r t i e s d e s c r i b e d i n t h e p l a t " M o a s e a n d H a r r i s o n " located in Hillsborough P l a t B o o k 2 , P a g e 8 5 o f t h e P u b l i c R e c o r d s o f P i n e l l a s C o u n t y , F L . PL A C E 27 2 6 26 31 . 3 21 6 9 0 21672 58338 65196 41688 65214 1 2 76.1 42.8 10.5 30 . 5 34 . 4 35 . 3 81.7 34.4 11.8 42.4 33 . 2 60 . 2 20.8 47.8 51 . 2 47.7 51 . 2 72.3 57 89.92.1 15130 140 10 0 15 1 . 8 15.1 12 3 50 50 50 157 157 150 50 50 3 2 15 0 50 50 135.6 57 56 44 40 28 112 150 150100135.6 56 75 50 50 50 15 0 15 0 75 75 15 0 10 0 50 15 0 140 136 16 0 . 8 125 95 . 2 47 . 6 14 3 14 3 4590459045 45 16 0 . 8 92 . 7 130 130 92 . 8 10 9 ( S ) 95 . 8 121 136904545904045 50 50 50 138.7 150 50 50 50 15 0 15 0 50 10 0 50 84 586.5 25 50 50 70 43.7 70 15 0 50 150 100 50 50 15 0 50 50 50 100 100 60 82 100 50 50 33 116.6 85 85 125 10 0 53 77100125 20(S) 14 2 75 150 138.7 53 7721 50 124.9 93 93 94 ( S ) 94 150 13 0 15 0 150 11 8 150 150 5 4 VAC VAC 78880 55062 14 2 5 6 33500 A B A 42 42 45 46 45 19 7 97.8 97.6 22 0 17 2 . 8 381.2 381.2 321.2 60 60 65 110 14 1 . 2 13 8 . 7 13 9 . 2 13 9 . 8 14 0 . 3 14 1 . 7 70 140 165 80 14 3 . 5 165 20 0 17 2 . 8 181.5 85 . 4 140.3 11 5 150 142 120 235.5 11 5 11 5 11 2 . 5 2.5 355.5 11 5 16 8 . 5 5 ( D ) 392.11 263.81 50 28 3 . 2 9 28 3 ( S ) 132 140 50 132 17 3 ( S ) TREE HOUSE APTS 1 1 1 2 1 1 1 2 1 3 COURT ST GOULD ST S M A D I S O N A V E S M A R T I N L U T H E R K I N G , J R . A V E S W A S H I N G T O N A V E Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.287A 15-29S-15E8/28/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Right-of-Way Vacationat Brownell Street Document Path: V:\GIS\Engineering\Location Maps\Brownell street vacation FS 45.mxd Fire Station 45 Boundary Right-of-Way Vacation Previously Vacated Legend Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#8599-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 8599-14 on second reading, amending Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or entities with three or more outstanding parking violations. SUMMARY: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8599-14 ORDINANCE NO. 8599-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 30.060 CLEARWATER CODE OF ORDINANCES TO ALLOW THE CITY OR ITS PARKING VIOLATION PROCESSING SERVICE DESIGNEE THE ABILITY TO ELECTRONICALLY SEND THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DATA LISTING PERSONSOR ENTITIESTHAT HAVE THREE OR MORE OUTSTANDING PARKING VIOLATIONS, INCLUDING VIOLATIONS OF FLORIDA STATUTE 316.1955,SO THAT THE CITY’S PARKING PENALTIES ORDINANCE ISCONSISTENTWITH FLORIDA STATUTE 316.1967(6); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida,through its parking violation processing service designee wishes to provide the Florida Department of Highway Safety and Motor Vehicles (the Department) electronic data listing persons or entities that have three or more outstanding parking violations, including violations of Florida Statute 316.1955 for greater ease of communication with the Department;and WHEREAS, Florida Statute 316.1967(6) provides for electronic communication with the Department; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the followingunderlined language be added to section 30.060, Clearwater Code of Ordinances: ********* (4)Thedesignatedparkingviolationprocessingservicesofficeshallsupply theStateofFloridaDepartmentofHighwaySafetyandMotorVehicleswitha magneticallyencodedcomputertapereelorcartridgeorsendbyotherelectronic meansdata,whichismachinereadablebytheinstalledcomputersystematthat department,listingpersonswhohavethreeormoreoutstandingparking violationsorwhohaveanyoutstandingviolationsofF.S.§316.1955. ********* Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 8599-14 PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ _______________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8600-14 Agenda Date: 9/29/2014 Status: PassedVersion: 2 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 8600-14 on second reading, amending Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional special events alcohol permits in the downtown area of Clearwater between Drew Street and Pierce Street, North and South and between Myrtle Street and the waterfront and allow for metal containers at special events. SUMMARY: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8600-14 ORDINANCE NO.8600-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,RELATING TO PARKS, BEACHES, AND RECREATION; AMENDING CHAPTER 22, PARKS, BEACHES,RECREATION, ARTICLE III, SPECIAL EVENTS, SECTION 22.89, ALCOHOLIC BEVERAGE SPECIAL EVENT PERMIT;CITY PROPERTY OR SPONSORSHIP, TO ALLOWTHE SALE AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE DOWNTOWN AREA; AMENDING SECTION 22.90, CONDITONS; ALCHOLIC BEVERAGE SPECIAL EVENT PERMIT, TO ALLOW ADDITIONAL SPECIAL EVENT PERMITS TO BE ISSUED TO BONA FIDE NONPROFIT ORGANIZATIONS AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AT OUTDOOR EVENTS ON PUBLIC RIGHT-OF-WAY AND PUBLIC PARK PROPERTY IN THE DOWNTOWN AREA,AND REMOVING PROHIBITION ON METAL CANSAS AN APPROPRIATE CONTAINER FOR ALCOHOLIC BEVERAGES AT A SPECIAL EVENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Code of Ordinances (“Code”) currently empowers the city manager to regulate the time, place and manner in which city park property is to be used and enjoyed by the public, including use for the sale, consumption or possession of alcoholic beverages on park property and the sale and/or consumption of alcoholic beverages at a special event in accordance with analcoholic beverage special event permit; and WHEREAS, the Code currently provides for the sale and/or consumption of alcoholic beverages at a special event located on Cleveland Street within the downtown district; and WHEREAS, the city council now wishes to allow for the sale, consumption and possession of alcoholic beverages at outdoor events on public right-of-way and public park property within a larger area of the downtown of Clearwater by issuing an alcoholic beverage special event permit in accordance with Section 22.89 of the Code; and WHEREAS, the Code currently provides that no applicant shall be issued more than three permits per year, and WHEREAS, the city council now wishes to allow for the issuance of up to 15 additional temporary permits to bona fide nonprofits per calendar year; now, therefore, Ordinance No. 8600-14 , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22, Sections 22.89 and 22.90of the Code of Ordinances, City of Clearwater, Florida, arehereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* * * * Article III. Special Events* * * * Division 2. Permit *** Sec. 22.89. Alcoholic beverage special event permit; city property or sponsorship. (1) Sale and/orconsumptionofalcoholicbeveragesataspecialeventlocatedon propertyownedbythecitywherethecityisasponsororco-sponsoroftheevent,orat aspecialeventtakingplaceonClevelandStreetindowntownClearwaterwhichis describedforthesepurposesas:Theareawithinthenorthandsouthboundariesof ClevelandStreet,boundedoneastbythewestboundaryofMyrtleAvenue,onthewest bythewestboundaryofOsceolaAvenue,includingthecontiguousrights-of-wayand sidewalksatoutdooreventsonpublicright-of-wayandpublicparkpropertyinthe downtownareaofClearwater,maybeauthorizedbyissuanceofanalcoholicbeverage specialeventpermit. ForpurposesofthisArticle,thedowntownareaofClearwateris theareabetweenDrewStreetandPierceStreetNorthandSouthandbetweenMyrtle Avenueandthewaterfront. *** Sec. 22.90. Conditions; alcoholic beverage special event permit. Ordinance No. 8600-14 * * * (1) Noapplicantshallbeissuedmorethanthreepermitsperyearpursuanttosection 561.422,FloridaStatutes,andanadditional15temporarypermitspursuanttoChapter 2012-244,LawsofFla.,andnopermittedeventmayexceedthreedaysinduration. * * * (12) Alcoholicbeveragesshallbeservedincontainersmeetingindustrystandardsfor such events,andmustbeapprovedforeacheventbythespecialeventscommittee. Alcoholicbeveragecontainersshallbesodesignedandconstructedthatlaw enforcementofficersmayascertaintheircontentsuponvisualinspection,andshallnot includesportdrinkbottles,ceramicorglassmugs,closedcontainers,metalcans,glass bottles,orsimilarcontainers.Theapplicantshallprovideforproperdisposaloflitter resultingfromtheactivity.Othercontainers,suchasmetalcansmaybedisallowedfor safetyreasonsbyorderoftheChiefofPolice. . Section2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8601-14 2nd rdg Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 8601-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014 to reflect increases and decreases in revenue and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Airpark Fund, Parking Fund, General Services Fund, and Garage Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8601-14 ORDINANCE NO. 8601-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, AIRPARK FUND, PARKING FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2014, for operating purposes, including debt service, was adopted by Ordinance No. 8476-13; and WHEREAS, at the Third QuarterReview it was found that an increaseof $5,613,156 is necessary forrevenues and anincrease of $4,912,567is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8476-13is amended to read: Pursuant to the AmendedCity Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2013and ending September 30, 2014a copy of which is on file with the City Clerk, the City Council hereby adopts an amendedbudget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A 2013-14 BUDGET REVENUE First Third Quarter Mid Year Quarter Budgeted Amended Amended Amended Revenues Budget Budget Budget Budget 2013/14 2013/14 2013/14 2013/14 Amendment General Fund: Ad Valorem Taxes 36,453,700 36,453,700 36,453,700 36,717,170 263,470 Utility Taxes 13,588,250 13,588,250 13,588,250 14,118,250 530,000 Local Option, Fuel & Other Taxes8,260,650 8,260,650 8,260,650 7,260,650 (1,000,000) Franchise Fees 10,163,930 10,163,930 10,163,930 9,743,930 (420,000) Other Permits & Fees 1,985,700 1,985,700 1,985,700 2,485,700 500,000 Intergovernmental Revenues 19,068,590 19,083,109 19,127,553 21,439,394 2,311,841 Charges for Services 13,663,630 13,777,260 13,893,260 13,850,720 (42,540) Judgement, Fines & Forfeitures 996,150 996,150 996,150 996,150 Miscellaneous Revenues 1,521,370 1,521,370 1,667,410 1,737,458 70,048 Transfers In 7,798,490 9,205,292 9,205,292 9,237,387 32,095 Other Financing Sources - - - - Transfer from Reserves - 1,525,113 1,970,063 3,025,168 1,055,105 Total, General Fund 113,500,460 116,560,524 117,311,958 120,611,977 3,300,019 Special Revenue Funds: Special Development Fund 12,086,190 13,686,380 14,614,380 15,217,180 602,800 Special Program Fund 1,093,480 2,942,948 4,253,814 4,896,144 642,329 Utility & Other Enterprise Funds: Water & Sewer Fund 69,216,770 69,299,890 69,299,890 69,299,890 Stormwater Utility Fund 16,730,140 16,755,610 16,798,320 17,036,190 237,870 Solid Waste Fund 19,600,100 19,650,610 19,830,610 20,041,240 210,630 Gas Fund 39,351,450 42,577,360 43,502,360 44,422,820 920,460 Recycling Fund 2,728,000 3,158,730 3,089,230 2,949,430 (139,800) Airpark Fund 260,000 260,430 262,430 262,433 3 Marine Fund 4,676,270 4,682,020 4,706,590 4,706,590 Clearwater Harbor Marina 563,200 564,620 564,620 564,620 Parking Fund 4,630,000 4,689,680 4,689,680 4,689,680 Harborview Center Fund 48,250 48,250 48,250 48,250 Internal Service Funds: Administrative Services Fund 9,714,200 10,275,380 10,275,380 10,275,380 General Services Fund 4,712,510 4,733,380 4,720,040 4,545,025 (175,015) Garage Fund 13,540,500 13,556,870 13,651,729 13,665,589 13,860 Central Insurance Fund 20,736,490 23,724,160 23,724,160 23,724,160 Total, All Funds 333,188,010 347,166,841 351,343,442 356,956,598 5,613,156 Ordinance #8601-14 EXHIBIT A (Continued) 2013-14 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2013/14 2013/14 2013/14 2013/14 Amendment General Fund: City Council 278,010 280,130 280,130 280,130 City Manager's Office 1,185,310 1,079,302 1,079,302 1,079,302 City Attorney's Office 1,592,530 1,598,560 1,704,600 1,804,028 99,428 City Auditor's Office 198,750 199,620 199,620 202,620 3,000 Economic Development & Housing Svc 1,362,310 1,366,170 1,366,170 1,366,170 Engineering 7,588,090 7,615,570 7,615,570 7,615,570 Finance 2,190,560 2,172,930 2,172,930 2,172,930 Fire 23,891,470 24,038,180 24,233,180 25,541,240 1,308,060 Human Resources 1,026,540 1,140,218 1,140,218 1,140,218 Library 5,959,470 5,986,390 5,986,390 5,986,390 Marine & Aviation 693,570 769,400 850,400 843,860 (6,540) Non-Departmental 3,970,100 4,931,722 5,234,222 6,100,592 866,370 Office of Management & Budget 312,550 313,970 313,970 409,230 95,260 Official Records & Legislative Svcs1,200,750 1,204,660 1,204,660 1,204,660 Parks & Recreation 21,135,600 21,306,682 21,364,132 21,393,122 28,990 Planning & Development 4,838,370 4,871,720 4,871,720 4,899,920 28,200 Police 36,329,010 36,510,039 36,519,484 37,396,735 877,251 Public Communications 926,880 931,250 931,250 931,250 Public Utilities 244,010 244,010 244,010 244,010 Allocation to Reserves - - - - Total, General Fund 114,923,880 116,560,524 117,311,958 120,611,977 3,300,019 Special Revenue Funds: Special Development Fund 13,081,380 13,581,380 14,409,380 14,222,048 (187,332) Special Program Fund 1,043,480 2,892,948 4,203,814 4,846,144 642,329 Utility & Other Enterprise Funds: Water & Sewer Fund 67,727,960 67,811,080 67,811,080 69,011,080 1,200,000 Stormwater Utility Fund 16,156,510 16,181,980 16,224,690 16,224,690 Solid Waste Fund 18,971,240 19,118,250 19,140,250 19,044,770 (95,480) Gas Fund 36,089,850 37,565,982 38,317,760 38,655,430 337,670 Recycling Fund 2,993,950 3,158,730 3,089,230 2,949,430 (139,800) Airpark Fund 183,100 183,530 192,530 192,530 Marine Fund 4,488,090 4,493,840 4,518,410 4,518,410 Clearwater Harbor Marina 503,230 504,650 504,650 504,650 Parking Fund 4,137,250 4,200,480 4,200,480 4,216,796 16,316 Harborview Center Fund 38,280 38,280 38,280 38,280 Internal Service Funds: Administrative Services Fund 10,101,630 10,137,810 10,137,810 10,137,810 General Services Fund 4,612,240 4,633,110 4,619,770 4,444,755 (175,015) Garage Fund 13,540,500 13,556,870 13,651,729 13,665,589 13,860 Central Insurance Fund 22,158,160 23,724,160 23,724,160 23,724,160 Total, All Funds 330,750,730 338,343,603 342,095,982 347,008,549 4,912,567 Ordinance #8601-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8602-14 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 8602-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of $2,095,802. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/16/2014 Ordinance No. 8602-14 ORDINANCE NO. 8602-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014, TO REFLECT A NET INCREASE OF $2,095,802 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2014was adopted by Ordinance No. 8477-13; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscalyear; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8477-13is amended to read: Pursuant to the Mid YearAmendedCapital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2013and ending September 30, 2014, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid YearAmendedbudget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: __________________________________________________________ Pamela K. Akin, City Attorney RosemarieCall, City Clerk First QtrMid YearThird Qtr OriginalAmendedAmendedAmended BudgetBudgetBudgetBudget 2013/142013/142013/142013/14Amendments Fire Protection 1,540,6901,644,0401,644,0401,644,040 Major Street Maintenance 3,408,6403,408,6403,408,6403,408,640 Sidewalk and Bike Trail 100,000100,000100,000100,000 Intersections 435,000435,000335,000335,000 Parking 305,000305,000305,000305,000 Miscellaneous Engineering 35,00035,00035,00035,000 Park Development 1,060,0001,801,2723,136,5933,136,593 Marine Facilities 488,000487,914487,914497,2119,297 Airpark Facilities 10,00010,00010,0009,997 (3) Libraries 7,557,0007,557,0007,557,0008,409,668852,668 Garage 5,911,1005,911,1005,911,1005,911,100 Maintenance of Buildings 441,910441,996484,706484,706 Miscellaneous 1,055,0001,055,0001,755,0001,755,000 Stormwater Utility 5,111,5706,211,5706,211,5706,633,066421,496 Gas System 4,000,0004,220,5814,221,9704,271,13449,164 Solid Waste 540,000540,000540,000540,000 Utilities Miscellaneous 20,00020,000162,000162,000 Sewer System 7,602,0007,608,9658,352,6088,352,608 Water System 4,745,0004,745,0004,603,0255,366,205763,180 Recycling 60,00060,00060,00060,000 TOTAL PROJECT EXPENDITURES 44,425,910 46,598,078 49,321,166 51,416,968 2,095,802 GENERAL SOURCES: General Operating Revenue 1,853,9202,448,5422,488,5422,528,54240,000 General Revenue/County Co-op 557,000557,000557,000557,000 Road Millage 1,823,6501,823,6501,823,6501,823,650 Penny for Pinellas 8,831,6809,331,68010,181,6809,994,348(187,332) Transportation Impact Fee 290,000290,000190,000190,000 Local Option Gas Tax 1,409,9901,409,9901,409,9901,409,990 Recreation Land Impact Fees 0 078,00078,000 Special Program Fund 30,00030,00030,00030,000 Grants - Other Agencies 100,000100,000600,000609,2979,297 Other Governmental 06,965754,607767,78713,180 Property Owner's Share 08,1999,58858,75249,164 Reimbursements 0 03,3213,321 Interest Earned- Other 0 0 25 25 Community Redevelopment Agency 0 0 01,000,0001,000,000 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 Ordinance # 8602-14 First QtrMid YearThird Qtr OriginalAmendedAmendedAmended BudgetBudgetBudgetBudget 2013/142013/142013/142013/14Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 SELF SUPPORTING FUNDS: Marine Revenue 60,00060,00060,00060,000 Clearwater Harbor Marina Revenue 15,00015,00015,00015,000 Airpark Revenue 10,00010,00010,0009,997 (3) Parking Revenue 315,000315,000315,000315,000 Utility System: Water Revenue 3,625,0003,625,0003,625,0003,625,000 Sewer Revenue 5,192,7605,192,7605,192,7605,192,760 Water Impact Fees 12,00012,00012,00012,000 Sewer Impact Fees 6,2306,2306,2306,230 Utility R&R 3,420,0103,420,0103,420,0103,420,010 Stormwater Utility Revenue 5,111,5705,111,5705,154,2805,154,280 Gas Revenue 4,000,0003,962,3823,962,3823,962,382 Solid Waste Revenue 540,000540,000540,000540,000 Recycling Revenue 60,00060,00060,00060,000 Grants - Other Agencies 01,100,0001,660,0002,831,4961,171,496 INTERNAL SERVICE FUNDS: Garage Revenue 121,100121,100121,100121,100 Administrative Services Revenue 700,000700,000700,000700,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 240,000240,000240,000240,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 60,00060,00060,00060,000 Lease Purchase - Sewer 51,00051,00051,00051,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,590,0005,590,0005,590,0005,590,000 Lease Purchase - Administrative Services 400,000400,000400,000400,000 TOTAL ALL FUNDING SOURCES:44,425,910 46,598,078 49,321,166 51,416,968 2,095,802 Ordinance # 8602-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-467 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation and modification of several city facilities in the amount of $294,705 under S.R. 590 From West of Marilyn Street to East of Audrey Drive; adopt Resolution 14-31, and authorize the appropriate officials to execute same. SUMMARY: The Florida Department of Transportation (FDOT) has designed the improvements of S.R. 590 from West of Marilyn Street to East of Audrey Drive. The proposed improvements will include resurfacing the existing roadway, replacing the existing signal by mast arm, upgrading the drainage system, and construction of a new pedestrian bridge. Construction is currently anticipated to begin in Summer of 2015. This roadway improvement project will necessitate the relocation or adjustment of the City’s water mains and sewer work within the project limits. The City of Clearwater’s Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. The Resolution authorizes the City to enter into a Utility Work by Highway Contractor Agreement (UWHCA) to have the work bid and constructed with the FDOT contract. The amounts included on this agenda item are the engineer’s preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor’s bid and may vary from this amount. Project will be competitively bid by FDOT. The engineer’s estimate is $294,705.00 APPROPRIATION CODE AND AMOUNT: 0327-96742-563800-533-000-0000 $242,030 0327-96634-563800-535-000-0000 $ 52,675 Funds are available in Utility Renewal and Replacement projects in amounts of $242,030.00 in 0327-96742, Line Relocation - Capital and $52,675 in 0327-96634, Sanitary Utility Relocation Accommodation, for total funding of $294,705.00 to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/16/2014 Resolution No. 14-31 RESOLUTION NO.14-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF EXISTING POTABLE WATER, RECLAIMED WATER, CONCENTRATE, BACKWASH, AND FIBER OPTIC FACILITIES WITHIN THE S.R. 590 –WEST OF MARILYN STREET TO EAST OF AUDREY DRIVE ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as DOT, proposes to construct or improve S.R. 590 from West of Marilyn Street to East of Audrey Drive, hereinafter referred to as the “Project”; and WHEREAS, in order for the DOT to proceed with their Project, it is necessary for the City of Clearwater to execute and deliver to DOT the agreement identified as “Utility Work by Highway Contractor Agreement,” hereinafter referred to as the “Agreement”; and WHEREAS, said Agreement is in the best interest of the City of Clearwater. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the application of the State of Florida Department of Transportation for a Utility Work By Highway Contractor Agreement is for transportation purposes which are in the public or community interest and for public welfare; that an agreement of utility interest, or interests, in favor of the State of Florida Department of Transportation, in the City of Clearwater, Florida, should be drawn and executed by the City Commission. Section 2. A certified copy of this Resolutionshall be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. Section 3.This resolution shall take effect immediately upon adoption. Resolution No. 14-312 PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 1of 9 710-010-22 UTILITIES OGC –05/12 Financial Project ID: 431491-1-56-01 Federal Project ID: N/A County: PINELLAS State Road No.: 590 District Document No: 1 Utility Agency/Owner (UAO): CITY OF CLEARWATER THIS AGREEMENT , entered into this ______day of__________, year of______, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT ", and CITY OF CLEARWATER, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as NE Coachman Road from W of Marilyn St to E of Audrey Dr., State Road No.: 590, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT’s contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1.Design of Utility Work a.UAO shall prepare, at UAO’s sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the “Plans Package”) on or before Nov. 3, year of 2014. b.The Plans Package shall be in the same format as the FDOT’s contract documents for the Project and shall be suitable for reproduction. c.Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d.The Plans Package shall be prepared in compliance with the FDOT’s Utility Accommodation Manual and the FDOT’s Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT’s contract documents for the Project. If the FDOT’s Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e.The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT’s guidelines on preparation of technical special provisions and shall not STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 2of 9 710-010-22 UTILITIES OGC –05/12 duplicate or change the general contracting provisions of the FDOT’s Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f.UAO shall provide a copy of the proposed Plans Package to the FDOT,and to such other right of way users as designated by the FDOT , for review at the following stages: Phase IV, and Final. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT’s production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g.In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f.above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT’s review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h.The FDOT shall furnish the UAO such information from the FDOT’s files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT . I.The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: (N/A). These exceptions shall be handled by separate arrangement. j.If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT’s expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT’s expense shall not invalidate this Agreement. k.The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. l.Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: (pending) (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2.Performance of Utility Work a.The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b.The FDOT shall procure a contract for construction of the Project in accordance with the FDOT’s requirements. c.If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility W ork exceeds the FDOT’s official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT’s contract by notifying the FDOT in writing within ten (10)days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 3of 9 710-010-22 UTILITIES OGC –05/12 the Project by the FDOT’s contractor. d.If the UAO elects to remove the Utility Work from the FDOT’s contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT’s standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT’s contractor in constructing the Project. e.The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates inaccordance with the format required by FDOT procedures. f.Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g.The UAO shall fully cooperate with the FDOT and the FDOT’s contractor in all matters relating to the performance of the Utility Work. h.The FDOT’s engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT’s engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT’s engineer shall determine are necessary for the prosecution of the Project. I.The UAO shall not make any changes to the Plans Package after the date on which the FDOT’s contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT’s contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a.The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT’s engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b.The initial estimate of the cost of the Utility Work is $294,705.00. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility W ork. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT’s contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. c.At least thirty(30) calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT’s official estimate; plus 2%for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work,administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 4of 9 710-010-22 UTILITIES OGC –05/12 changes to the Utility Work during the construction of the Project (the Contingency Fund). d.Payment of the funds pursuant to this paragraph will be made (choose one): directly to the FDOT for deposit into the State Transportation Trust Fund. as provided in the attached Memorandum of Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre-approved by the Department of Financial Services and FDOT Comptroller's Office prior to execution of this agreement. e.If the portion of the contractor’s bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO’s election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed theContingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f.If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g.Should contract modifications occur that increase the UAO’s share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h.The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work madepursuant to Subparagraph 2. h.Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. I.Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 5of 9 710-010-22 UTILITIES OGC –05/12 for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4.Claims Against UAO a.The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b.In the event the FDOT’s contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c.In the event the FDOT’s contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO willcooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT’s contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT . d.The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT’s contractor. 5.Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditionsshall apply to Facilities placed Out-of-Service: a.The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b.The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions ofSubparagraph e. below. c.The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d.The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of way. e.The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 6of 9 710-010-22 UTILITIES OGC –05/12 determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT’s notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO’s expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f.Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT’s own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6.Default a.In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1)Term inate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2)Pursue a claim for damages suffered by the FDOT. (3)If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4)If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5)Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT . (6)Pursue any other remedies legally available. (7)Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b.In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1)Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. (2)If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 7of 9 710-010-22 UTILITIES OGC –05/12 (3)Pursue any other remedies legally available. c.Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7.Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptlyremedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8.Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the perform ance of this Agreement. When the FDOT receives anotice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 8of 9 710-010-22 UTILITIES OGC –05/12 UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT . The FDOT’s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9.Miscellaneous a.Time is of essence in the performance of all obligations under this Agreement. b.The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT’s contractor has that obligation as part of the Utility Work pursuant to the FDOT’s specifications. c.The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d.This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e.This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severableand shall not affect the validity of the remaining portions hereof. f.All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: 10.Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. If t If to the FDOT : District Utilities Administrator, FDOT D-7 11201 N. McKinley Dr. MS 7-820 Tampa, FL 33612 STATE OF FLORIDADEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 9of 9 710-010-22 UTILITIES OGC –05/12 You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled “Changes to Form Document” is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled “Changes to Form Document.” IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: CITY OF CLEARWATER BY:(Signature) (Typed Name: ) DATE: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature)DATE: FDOT Legal review BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: Debbie Hunt) DATE: (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: N/A ) DATE: (Typed Title: N/A) MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ___, day of _____________, 201__, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and the CITY OF CLEARWATER, hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Main Financial Project No.:431491-1-52-01 County:PINELLAS hereinafter referred to as the "PROJECT". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement dated ________________, 201___, wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1.An initial deposit in the amount of $294,705.00dollars (TwoHundred and Ninety Four Thousand, Seven Hundred and Five Dollars) will be made by the PARTICIPANT into an interest bearing escrow account established by the FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of the FDOT. 2.Other deposits may be made by the PARTICIPANT as necessary to cover cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 350-020-300-m Page 2of 3 3.Payment will be made as follows (check appropriate payment method): Wire transfer ACH deposit Check A wiretransfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account # 001009068974 ABA # 026009593 Chief Financial Officer of Florida Re: DOT –K 11-78, Financial Project # For ACH deposits: Bank of America Account # 001009068974 ABA # 063100277 Chief Financial Officer of Florida Re: DOT –K 11-78, Financial Project # If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT, OOC- GAO for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the PARTICIPANT to mail the District Office a copy of the check. 4.The FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 5.Unless instructed otherwise by the FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6.TheTREASURY agrees to provide written confirmation of receipt of funds to the FDOT. 7.The TREASURYfurther agrees to provide periodic reports to theFDOT. 350-020-300-m Page 3of 3 _____________________________ STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONDEPARTMENT OF FINANCIAL COMPTROLLER SERVICES, DIVISION OF TREASURY _____________________________ PARTICIPANT SIGNATURE _____________________________ PARTICIPANT NAME & TITLE _____________________________ PARTICIPANT ADDRESS _____________________________ _____________________________ FEDERAL EMPLOYER I.D. NUMBER Pay Item No.Description UnitQuantityUnit PriceTotal Cost 0110-3 Removal of Existing Structure LS1$10,000$10,000 0120-4 Subsoil Excavation CY100$10$1,000 0120-72 Gravel Fill CY100$30$3,000 0142-70 Fill Sand CY250$10$2,500 1050-11-212 Utility Pipe, F&I, PVC, Casing/Conduit, 2.0” – 4.9”LF400$25$10,000 1050-11-514 Utility Pipe, F&I,Steel, Casing/Conduit 8"-19.9"LF67$225$15,075 1050-11-321 Utility Pipe, F&I, PE, Water/Sewer, 0” – 1.9”LF300$15$4,500 1050-11-322 Utility Pipe, F&I, PE, Water/Sewer, 2.0” – 4.9”LF100$40$4,000 1050-11-223 Utility Pipe, F&I, PVC, Water/Sewer, 5” – 7.9”LF35$60$2,100 1050-11-224 Utility Pipe, F&I, PVC, Water/Sewer, 8” – 19.9”LF265$80$21,200 1050-11-423 Utility Pipe, F&I, DI/CI, Water/Sewer, 5” – 7.9”LF1,010$80$80,800 1050-11-424 Utility Pipe, F&I, DI/CI, Water/Sewer, 8” – 19.9”LF160$100$16,000 1050-16-001 Utility Pipe, Remove & Dispose, Water/Sewer, 0” – 1.9”LF150$6 $900 1050-16-003 Utility Pipe, Remove & Dispose, Water/Sewer, 5” – 7.9”LF1,025$8 $8,200 1050-16-004 Utility Pipe, Remove & Dispose, Water/Sewer, 8” – 19.9”LF140$12$1,680 1050-18-001 Utility Pipe, Plug and Place out of Service, Water/Sewer, 0” – 1.9”LF440$5 $2,200 1055-11-264 Utility Fittings, F&I, PVC, Y Fittings, 8"-19.9"EA2$450 $900 1055-11-274 Utility Fittings, F&I, PVC, Cleanout, 8” – 19.9”EA1$500 $500 1055-11-414 Utility Fittings, F&I, DI/CI, Elbow, 8” – 19.9”EA8$750$6,000 1055-16 Utility Fittings, Remove & Dispose EA13$150$1,950 1060-11-211 Utility Structure, Below Ground, F&I, Water/Sewer, 0 - 80 ft3, 0 - 6 EA2$6,000$12,000 1080-11-101 Utility Fixtures, F&I, 0" - 1.9", Meter Box EA11$750$8,250 1080-11-301 Utility Fixtures, F&I, 5.0" - 7.9", Valve Box EA5$500$2,500 1080-11-103 Utility Fixtures, F&I, 0" - 1.9", Tapping Saddle/Sleeve EA15$750$11,250 1080-11-203 Utility Fixtures, F&I, 2" - 4.9", Tapping Saddle/Sleeve EA1$900 $900 1080-11-303 Utility Fixtures, F&I, 5.0" - 7.9", Tapping Saddle/Sleeve EA5$2,500$12,500 1080-11-304 Utility Fixtures, F&I, 5.0" - 7.9", Valve Assembly EA7$1,200$8,400 1080-11-307 Utility Fixtures, F&I, 5.0" - 7.9", Line Stop Assembly EA4$5,000$20,000 1080-11-309 Utility Fixtures, F&I, 5.0" - 7.9", Mechanical Joint Restraint EA42$300$12,600 1080-11-409 Utility Fixtures, F&I, 8.0" - 19.9", Mechanical Joint Restraint EA16$425$6,800 1644-116-08 Fire Hydrant, F&I, 3 Way, 6"EA2$3,000$6,000 1644-900 Fire Hydrant, Remove EA2$500$1,000 $294,705TOTAL PROJECT COST: UWHCA FOR THE CITY OF CLEARWATER OPINION OF PROBABLE CONSTRUCTION COSTS PHASE IV SUBMITTAL Sep-14 SR 590 WEST OF MARILYN TO EAST OF AUDREY Pay Item No.Description UnitQuantityUnit PriceTotal Cost 0110-3 Removal of Existing Structure LS1$10,000$10,000 0120-4 Subsoil Excavation CY80$10 $800 0120-72 Gravel Fill CY80$30$2,400 0142-70 Fill Sand CY150$10$1,500 1050-11-212 Utility Pipe, F&I, PVC, Casing/Conduit, 2.0” – 4.9”LF400$25$10,000 1050-11-321 Utility Pipe, F&I, PE, Water/Sewer, 0” – 1.9”LF300$15$4,500 1050-11-322 Utility Pipe, F&I, PE, Water/Sewer, 2.0” – 4.9”LF100$40$4,000 1050-11-223 Utility Pipe, F&I, PVC, Water/Sewer, 5” – 7.9”LF15$60 $900 1050-11-423 Utility Pipe, F&I, DI/CI, Water/Sewer, 5” – 7.9”LF1,010$80$80,800 1050-11-424 Utility Pipe, F&I, DI/CI, Water/Sewer, 8” – 19.9”LF160$100$16,000 1050-16-001 Utility Pipe, Remove & Dispose, Water/Sewer, 0” – 1.9”LF150$6 $900 1050-16-003 Utility Pipe, Remove & Dispose, Water/Sewer, 5” – 7.9”LF1,025$8 $8,200 1050-16-004 Utility Pipe, Remove & Dispose, Water/Sewer, 8” – 19.9”LF140$12$1,680 1050-18-001 Utility Pipe, Plug and Place out of Service, Water/Sewer, 0” – 1.9”LF440$5 $2,200 1055-11-414 Utility Fittings, F&I, DI/CI, Elbow, 8” – 19.9”EA8$750$6,000 1055-16 Utility Fittings, Remove & Dispose EA13$150$1,950 1080-11-101 Utility Fixtures, F&I, 0" - 1.9", Meter Box EA11$750$8,250 1080-11-301 Utility Fixtures, F&I, 5.0" - 7.9", Valve Box EA5$500$2,500 1080-11-103 Utility Fixtures, F&I, 0" - 1.9", Tapping Saddle/Sleeve EA15$750$11,250 1080-11-203 Utility Fixtures, F&I, 2" - 4.9", Tapping Saddle/Sleeve EA1$900 $900 1080-11-303 Utility Fixtures, F&I, 5.0" - 7.9", Tapping Saddle/Sleeve EA5$2,500$12,500 1080-11-304 Utility Fixtures, F&I, 5.0" - 7.9", Valve Assembly EA7$1,200$8,400 1080-11-307 Utility Fixtures, F&I, 5.0" - 7.9", Line Stop Assembly EA4$5,000$20,000 1080-11-309 Utility Fixtures, F&I, 5.0" - 7.9", Mechanical Joint Restraint EA42$300$12,600 1080-11-409 Utility Fixtures, F&I, 8.0" - 19.9", Mechanical Joint Restraint EA16$425$6,800 1644-116-08 Fire Hydrant, F&I, 3 Way, 6"EA2$3,000$6,000 1644-900 Fire Hydrant, Remove EA2$500$1,000 $242,030 PHASE IV SUBMITTAL Sep-14 TOTAL PROJECT COST: UWHCA FOR THE CITY OF CLEARWATER SR 590 WEST OF MARILYN TO EAST OF AUDREY OPINION OF PROBABLE CONSTRUCTION COSTS (POTABLE WATER PIPING) Pay Item No.Description UnitQuantityUnit PriceTotal Cost 0120-4 Subsoil Excavation CY20$10 $200 0120-72 Gravel Fill CY20$30 $600 0142-70 Fill Sand CY100$10$1,000 1050-11-514 Utility Pipe, F&I,Steel, Casing/Conduit 8"-19.9"LF67$225$15,075 1050-11-223 Utility Pipe, F&I, PVC, Water/Sewer, 5” – 7.9”LF20$60$1,200 1050-11-224 Utility Pipe, F&I, PVC, Water/Sewer, 8” – 19.9”LF265$80$21,200 1055-11-264 Utility Fittings, F&I, PVC, Y Fittings, 8"-19.9"EA2$450 $900 1055-11-274 Utility Fittings, F&I, PVC, Cleanout, 8” – 19.9”EA1$500 $500 1060-11-211 Utility Structure, Below Ground, F&I, Water/Sewer, 0 - 80 ft3, 0 - 6 EA2$6,000$12,000 $52,675 PHASE IV SUBMITTAL Sep-14 TOTAL PROJECT COST: UWHCA FOR THE CITY OF CLEARWATER SR 590 WEST OF MARILYN TO EAST OF AUDREY OPINION OF PROBABLE CONSTRUCTION COSTS (SANITARY SEWER PIPING) 929 10.2 Ordinance No. 8587-14 ORDINANCE NO. 8587-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH PINELLAS COUNTY, FLORIDA ET. AL., PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "lnterlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county; and WHEREAS, the Pinellas County Board of County Commissioners adopted Resolution No. 11-185 on December 6, 2011 initiating the negotiating process provided for in the Act; and WHEREAS, the Act intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, a more flexible annexation process is appropriate and desirable within Pinellas County given the highly urban character of the county, which distinguishes it from many of Florida's other counties; and WHEREAS, the process provided for in the Act is intended to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments in order to reduce governmental conflicts and litigation between local governments; and WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible boundaries that reduce the cost of local government, avoid duplicating local services and increase political transparency and accountability; and WHEREAS, through the negotiating process, the cities of Clearwater, Dunedin, Largo, Kenneth City, Pinellas Park, Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs, along with Pinellas County have all come to an agreement to enter into an interlocal service boundary agreement (“ISBA”) for future annexations within Type A enclaves. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. The above mentioned recitals are hereby incorporated herein. 2 Ordinance No. 8587-14 SECTION 2. The City hereby agrees to enter into the ISBA with Pinellas County and the cities of Dunedin, Largo, Kenneth City, Pinellas Park, St. Petersburg, Safety Harbor, Seminole, and Tarpon Springs. The appropriate City officials are authorized to execute the ISBA, which is attached as Exhibit A. SECTION 3. It is the intention of the City Council that each provision hereof be considered severable, and, if any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this ordinance shall not be affected. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby superseded or repealed to the extent of such conflict. SECTION 5. This ordinance shall be published in accordance with the requirements of law. SECTION 6. This ordinance shall become effective immediately upon final passage and adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ __________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 Ex h i b i t A Or d i n a n c e N o . 8 5 8 7 - 1 4 GU L F B L V D I-275 US H I G H W A Y 1 9 N 4T H S T N 66 T H S T N SR 580 TAMPA R D PARK BLVD N ULMERTON RD US 1 9 A 1ST AVE S 22ND AVE N 38TH AVE N 1ST AVE N PA R K S T GANDY BLVD 5TH AVE N E A S T L A K E R D 54TH AVE N 11 3 T H S T N CURLEW RD SE M I N O L E B L V D 34 T H S T N KEYSTONE RD MAIN ST 49 T H S T N MC M U L L E N B O O T H R D PINE L L A S B A Y W A Y S 22ND AVE S I-175 EAST BAY DR BE L C H E R R D GULF TO BAY BLVD 4T H S T S 49 T H S T S DR M A R T I N L U T H E R K I N G J R S T N TYR O N E B L V D N N B E L C H E R R D BRYAN DAIRY RD WEST BAY DR 118TH AVE N CAUSEWAY BLVD BAYSHOREBLVD RO O S E V E L T B L V D SU N S H I N E S K Y W A Y B R I D G E S B E L C H E R R D GULFPORT BLVD S S M I S S O U R I A V E N P I N E L L A S A V E COURTNEY CAMPBELL CSW Y COURT ST PA S A D E N A A V E S WALSINGHAM RD CR 2 9 6 S PINELLASAVE ME M O R I A L C S W Y ED G E W A T E R D R E TARPON AVE BAYPINESBLVD DR M A R T I N L U T H E R K I N G J R S T S P A S S A GRILLE W A Y N M Y R T L E A V E CR 6 1 1 102ND AVE N 34THSTS P A R K STS DUHME RD S F T H A R R I S O N A V E B L I N D P A S S R D RI D G E R D S W C O U N T R Y S I D E B L V D CENTRAL AVE N M I S S O U R I A V E CLEARWATERLARGO RD N 7 5 T H AVE 8T H S T N TREASURE ISLAND CSWY 150T H A V E CHESTNUT ST BR O A D W A Y S G ULFVIEWBLVD 54TH AVE S P INELLAS B A Y W A Y SKINNER B L V D 20 T H S T N 107TH AVE 5TH AVE TOM STU ARTCSWY BELLEAIR BEACH CSWY N F T H A R R I S O N A V E R I D G E R D G U L F B L V D SR 580 ROOSEVELT BLVD CR29 6 S B E L C H E R R D 34 T H S T S St Petersburg Largo Clearwater Unincorporated Pinellas Park Dunedin Oldsmar Tarpon Springs Seminole Safety Harbor Gulfport Belleair St Pete Beach Kenneth City Madeira Beach Treasure Island Indian Rocks Beach South Pasadena Belleair Bluffs Belleair Beach Indian Shores Redington Beach Redington Shores N Redington Beach Belleair Shore TYPE 'A' ENCLAVES AND MUNICIPALITIES IN PINELLAS COUNTY APRIL 2014 TYPE 'A' ENCLAVES (per section 171.031 (13)(a), Florida Statutes) N 0 1 20.5 Miles Reference Scale: 1:63,360 Document Path: C:\A Enclaves_7_2_2014.mxd Text Old Tampa Bay Gulf of Mexico TampaBay LakeTarpon LakeMaggiore SafetyHarbor BocaCiegaBay Pasco County Hi l l s b o r o u g h C o u n t y La k e S e m i n o l e Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-526 Agenda Date: 9/29/2014 Status: PassedVersion: 2 File Type: Action ItemIn Control: Human Resources Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2014/15, 2015/16, and 2016/17 and authorize the appropriate officials to execute same. SUMMARY: The current collective bargaining agreement between the City of Clearwater and CWA Local 3179 expires on September 30, 2014. City management staff and representatives of CWA Local 3179 reached a tentative agreement for a new contract. The bargaining agreement was subsequently submitted by the Union to its bargaining unit which ratified the agreement by a vote of 395 to 33 on September 11, 2014. The agreement is a three-year contract providing for a $1500 base pay merit increase in the first year, a 3% base merit increase in the second year, and a 2.5% base merit increase in the third year for all bargaining unit personnel who attain a rating of Meets expectations or better on their annual performance evaluation, with any amount that exceeds the employees’ respective pay range maximum being paid as a one-time lump sum. The agreement also includes additional incentives for Building inspectors to obtain multiple licenses, an increase in the annual tuition reimbursement amount from $650 to $1200, pay for court time when subpoenaed outside of work hours, the inclusion of domestic partners as immediate family members for the use of sick leave and funeral leave, and administrative changes that will provide for greater consistency in the distribution of safety shoes as well as the assignment of meal times and overtime. APPROPRIATION CODE AND AMOUNT: The costs associated with the implementation of this agreement are anticipated to be approximately as follows: FY 2014/2015:$1,532,000 All funds $619,000 General Fund FY 2015/2016:$1,578,000 All funds $637,600 General Fund FY 2016/2017:$1,617,000 All funds $653,500 General Fund TOTAL:$4,727,000 All funds$1,910,100 General Fund A first quarter budget amendment will allocate reserves from the operating funds to cover the cost of CWA pay increases for the current budget year. Future budgets will include the Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-526 contract costs in the proposed budgets. Page 2 City of Clearwater Printed on 12/16/2014 AGREEMENT between CITY OF CLEARWATER, FLORIDA and COMMUNICATIONS WORKERS OF AMERICA, Local 3179 FISCAL YEARS 2014 -2015 2015 -2016 2016 -2017 TABLE OF CONTENTS ARTICLE #TITLE PAGE # Preamble.........................................................................................1 Article 1 Recognition ....................................................................................1 Included & Excluded Members...................................................................1 Managerial & Confidential Employees.......................................................1 General Provisions........................................................................................2 Article 2 Representatives of Parties..............................................................2 Article 3 Rights of Parties.............................................................................3 City’s Management Rights............................................................................3 Union Rights ..................................................................................................4 Emergency Conditions.................................................................................6 Impact Bargaining..........................................................................................7 Article 4 No Strike .........................................................................................7 Article 5 Labor/Management Cooperation..................................................7 Article 6 Grievance Procedure......................................................................8 Definition........................................................................................................8 Steps ................................................................................................................9 Arbitration....................................................................................................10 Article 7 Personnel Practices......................................................................12 Regular Work Hours...................................................................................12 Appointments & Promotions....................................................................14 Probationary Periods...................................................................................16 Health & Safety............................................................................................17 Paycheck Issuance.......................................................................................18 Article 8 Leaves of Absence........................................................................19 Designated Holidays....................................................................................19 Floating Holidays .........................................................................................21 Vacation........................................................................................................22 Sick Leave.....................................................................................................24 Funeral Leave...............................................................................................29 Line-of-Duty Injury.....................................................................................30 Military Leave...............................................................................................31 Jury Duty and Court Time.........................................................................31 Administrative Leave...................................................................................32 Leaves without Pay......................................................................................33 Other Time Off...........................................................................................33 Union Time..................................................................................................34 Alternate Duty & Return to Work............................................................35 TABLE OF CONTENTS ARTICLE #TITLE PAGE # Article 9 Wages & Compensation...............................................................36 Salary..............................................................................................................36 Overtime .......................................................................................................38 Standby & Recall..........................................................................................39 Shift Differential..........................................................................................40 Acting Pay.....................................................................................................40 Training Differential....................................................................................40 Leadworker Pay............................................................................................40 Assignment Pay Differential......................................................................41 Uniforms & Rain Gear...............................................................................41 Certification Pay...........................................................................................42 Replacement & Repair of Tools/ASE Certifications.............................43 Training and Career Development............................................................43 Travel and Mileage.......................................................................................43 Commercial Drivers License......................................................................43 Tuition Reimbursement..............................................................................44 Article 10 Insurance ......................................................................................44 Article 11 Performance & Discipline............................................................45 Article 12 Drug & Alcohol Policy.................................................................45 Article 13 Retirement....................................................................................46 Article 14 Seniority, Layoff, and Recall........................................................47 Seniority........................................................................................................47 Layoff ............................................................................................................48 Article 15 Duration, Modification, & Termination......................................49 Appendix A Alphabetical Listing of Represented Classifications......................i Appendix B Pay Range Tables...........................................................................v 1 PREAMBLE The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the “City”, and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as the “Union”, (PERC Certification Number 170), recognizing that the welfare and the best interestof the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of included job classifications). Excluded: Department Heads; Division Heads; Managerial and Confidential Employees within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater not specifically included. Section 1.Managerial Employees "Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who have authority in the interest of the public employer, City of Clearwater, to formulate policy or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a major role in the administration of agreements resulting in collective bargaining, or have a significant role in personnel administration or employee relations and in the preparation and administration of budgets and said roles are not of a routine, clerical or administrative nature and require the exercise of independent judgment. Historically, these job classifications have been treated as managerial within the foregoing criteria. Section 2.Confidential Employees "Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees who act in a confidential capacity to assist or aid managerial employees as set forth above and as defined in the Florida Statutes; specifically said employees have access to and assist in the preparation for collective bargaining, budget, and all have access to information dealing with the administration of this contract, including the handling of grievances under the grievance procedure as set forth herein. 2 Section 3.General Provisions This Agreement shall be governed and construedaccording to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions of this Agreement shall continue in full force and effect. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term except as may be specifically otherwise provided herein. Section 4.A City or Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 5.The parties agree to bargain proposed changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. ARTICLE 2 REPRESENTATIVES OF PARTIES The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring the mutual consent or other official action called for by this Agreement. The Unionagrees to notify the City in writing of the name of such authorized representatives. Written notice of the replacement of authorized Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. The Union agrees that during the term of this Agreement it will deal only with the authorized representatives of the City, to wit: the City Manager or his/her designees. 3 ARTICLE 3 RIGHTS OF PARTIES Section 1.Employees in the bargaining unit shall have the right to form, join, and participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor the Union will discriminate against anyemployees in regard thereto. Section 2.The City and the Union will not discriminate against employees in the unit because of race, color, sex, age, national origin, disability, religion, marital status, or membership or non-membership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a charge is filed, it shall be considered withdrawn. Section 3.It is understood that the provisions of this Article embrace all rights of employees covered by all federal, state, county and city laws and regulations. Section 4.City’s Management Rights The City reserves, retains, and isvested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: A.to manage the City generally and to determine the issues of policy; B.to determine the facts which are the basis of management decisions; C.to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; D.to determine the nature, manner, means, and technology, and extent of services to be provided to the public; E.to determine methods of financing and budgeting; F.to determine the types of equipment and technology to be used; G.to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; H.to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; 4 I.to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; J.to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary reasons; K.to discharge, suspend, demote, or otherwise discipline employees for just cause; L.to determine job classifications and to create, modify or discontinue jobs; M.to hire, transfer, promote, and demote employees; N.to determine policies, procedures, and standards for selection and training; O.to establish productivity programs and employeeperformance standards including, but not limited to, quality and quantity standards and to require that such standards be followed; P.to maintain order and efficiency in its facilities and operations; Q.to establish and promulgate and/or modify rules and regulations and standard operating procedures; R.to otherwise take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services; Section 5.Union Rights A. Check-OffThe City shall deduct dues twice per month in amounts as certified to the City by the Secretary-Treasurer of the Communications Workers of America and will remit the aggregate deduction so authorized together with an itemized statement to the Secretary- Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on a monthly basis. Changes in Union membership dues will be similarly certified to the City in writing and shall be done at least 30 days prior to the effective date of such change. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon 30 days written notice to the City and to the Union. The Union shall indemnify and hold harmless the City from any and all claims or demands and expenses in connection therewith based upon the City's participation in dues deduction. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. 5 B.The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. C.A copy of the official City Council agenda shall be made available to the Union. D.The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City maintains an employee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. E.All permissible notices shall be signed by a dulyrecognized officer of the Union and may be delivered through the City's departmental interoffice mail system. The City agrees to accept from the Union, review for appropriateness, and forward permissible notices via e-mail to a list of work sites and designated bargaining unit members as approved in advance by the City. The City reserves the right to discontinue the use of e-mail for such purpose at any time if the City determines that the approved and forwarded e-mail is not used for the intended purpose. F.The Union President will be provided, on a quarterly basis or upon request, the names, and home addresses, and such other data that is readily available from the City’s information database for all current employees of the City who are in the bargaining unit. The Union shall have access to such names and addresses at any time pursuant to public records law, subject to such fees as may be proper in accordance with state law. G.The Union representatives shall be allowedas defined belowtime off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgment of the Department or City, the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted in greater than 2-hour increments per day. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The Union representative will provide advance notice to his/her supervision to allow planning arrangements to enable the Union representative time off for investigative activity. When a Union representative desires to contact an employee in the unit who has a complaint, he/she shall first obtain permission from the employee’s supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify his/her supervisor upon his/her return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a Union representative. 6 H.There shall be an average of one Union steward for each City department or one for each 35 employees in the bargaining unit. No division shall be assigned more than one Union representative unless the Division has more than 35 employees, then one Union steward for each 35 employees or fraction thereof may be assigned. I.The City shall permit the Union to make a presentation to all new bargaining unit members at the City new employee orientation. Subject matter of the Union presentation and any Union materials to be distributed must be approved by the City Manager or his/her designee. Section 6.Miscellaneous A.Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement in pocket booklet form for all employees in the unit. If the City is unable to perform the printing or copying internally, the City agrees to include up to three printers of the Union’s choice in obtaining quotes for services in accordance with City purchasing guidelines. The City further agrees to utilize the printer of the Union’s choice if such printer submits the lowest bid, or provided the Union pays the difference in copying costs between that of the Union’s printer and that of the printer submitting the lowest bid. B.Review of Personnel File -- On reasonable advance notice, employees shall be allowed to review their personnel files. C.Participation in Charity Drives -- Employees are encouraged to participate in charity drives. However, no employees will be pressured by either party to this Agreement to contribute to any charity. D.Union Committees -- Certain committees of the Union may be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. Such committees and meetings shall not include preparation for bargaining. E.Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union materialin accordance with the established City rate for copies. This material shall be non- controversial in nature and subject to advance review by the City Manager or his/her designee. Section 7.Emergency Conditions If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. 7 Section 8.Impact Bargaining The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and conditions of employment prior to implementation. The Union will notify the City in writing, within 30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the change. Failure to notify the City of the specific negotiable impact of a proposed change within the time limit prescribed above shall constitute acceptance of the change on the part of the Union and the City may implement the change at the end of the prescribed time limit. If timely notice is given, the proposal shall not be implemented until resolution is reached. The City and the Union will then negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual agreement endorsed in writing. ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1.The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. Section 2.In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall attach to such individual employee as well as the Union if the provisions of this section are violated. Section 3.Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary injunction at an ex parte hearing. ARTICLE 5 LABOR/MANAGEMENT COOPERATION The Union recognizes and supports the concept of a Labor-Management Committee to address city-wide employee concerns that are not specifically provided for by contract provisions and to improve labor-management communications. Such a committee shall be established, to be composed of six representatives selected by the Union and six representatives selected by the City. Resource people, visitors, and a facilitator if necessary may attend Committee meetings upon mutual agreement of the Union and the City. Rules and operating procedures of the Committee shall be established and may be changed by mutual agreement of the City and the Union. 8 The Labor-Management Committee shall not be intended to bypass the grievance procedure. The Committee shall have advisory powers only but may propose standard policies and procedures to be followed city-wide. However, decision making responsibility shall continue to remain with line management of the City and with line officers of the Union. If such recommendations are adopted by the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the provisions of the CWA contract. The City will fund the registration cost only for up to five Union members who are current City employees to attend the Florida Labor Management Conference or a similar labor-management conference or seminar within the state of Florida one time for each year of the Agreement. The expenditures of any such funds made available by the City will require the mutual agreement of the City and the Union. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement of disputes that arise under this Agreement between the Union and/or an employee and the City. All employees and supervisory personnel should make every possible effort tosettle differences at the lowest possible step outlined in this Article. Section 1.A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filedby the City or by an aggrieved employee through the Union. Entrance probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin in Step 3, as hereinafter provided. A class-action grievance may be filed by the Union if an action or dispute directly affects more than one bargaining unit employee. A class-action grievance may begin at Step 3. Section 2.No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the Union and/or employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 3.It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during employees' normal working hours without loss of wages when the absence of employees or supervisors involved is reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's designee, be detrimental to the work programs of the City. A grievant may be accompanied by a Union representative at any time during the grievance procedure. The City will attempt to accommodate all parties in the processing of grievances. 9 Section 4.If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that said employee has exercised his/her option granted by Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service appeal procedure. Any employee presenting a grievance shall be referred to a Union representative after which the Union will advise whether the grievance is meritorious for processing, and shall be formally processed in accordance with the steps outlined below. When the City is informed by the Union that it is representing an employee in the grievance process, the City shall not deal directly with the employee throughout the process except at the employee’s specific written request. The Union shall be afforded the opportunity to be present at the resolution or determination of any grievance involving a bargaining unit member. Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday through Friday, except holidays. Step 1 Within 15 working days after such alleged violation is known by the grievant, the Union and/or aggrieved employee will present the grievance in writing on the appropriate form to the employee's division head and a copy to the City Manager or his/her designee. The written grievance at this step, and at all steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. Grievances submitted which do not contain the information required on the form shall be returned to the Union and/or employee for completion. The Union and/or employee shall be advised as to why the form is not complete. This shall extend the required time for submittal of the grievance to 5 working days from the time that the grievance is returned to the grievant. Upon acceptance of the grievance, the grievance form may not be amended from the original written grievance at the initial step of the grievance procedure except by mutual agreement of the parties. The division head will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance or failure of the parties to resolve the grievance informally. A grievant may have a Union representative accompany him/her to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the Union and/or the grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days, may appeal the grievance to Step 2. 10 Step 2 If the grievance is appealed to the Department Director, the Department Director or designee will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance. A grievant may have a Union representative accompany him/her to the meeting with the Department Director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The Department Director or designee will provide the Union and/or grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working days, appeal the grievance to Step 3. Step 3 If the grievance is appealed to the City Manager or his/her designee, the City Manager or his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. Acting for the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 –Arbitration A.Within 30 calendar days from the receipt of the decision of the City Manager or his/her designee for a Union/employeeinitiated grievance, or failure to resolve a City-initiated grievance as provided in Section 5, Miscellaneous, subparagraph “H” hereof, the party requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate and shallat the same time request a list of seven arbitrators from the Federal Mediation and Conciliation Service. For Union initiated grievances involving suspension, demotion, or dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by the Union of the City Manager or designee’s decision. Each party shall have the right to unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be rejected by mutual consent of the parties. B.Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike three names therefrom, with the party presenting the grievance striking the first name and the parties alternating thereafter, the remaining nameto designate the arbitrator. C.As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him/her. Thearbitrator, in rendering his/her decision, shall confine his/her decision to the grievance in question and he/she shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. 11 D.The decision of the arbitrator,insofar as it is in conformance with paragraph "C" herein above, shall be final and binding on the aggrieved employee, Union, and City. E.The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. F.Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the date the grievance was submitted. The City will incur no liability for back pay more than 30 days following the arbitration hearing. Section 5.Miscellaneous A.The parties will cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. B.No reprisals of any kind shall be taken against any party in interest participating in the grievance procedure. C.No record dealing with the processing of a grievance shall become a part of the personnel files of individual employees; however, ultimate records of adverse actions against employees may be included in personnel files. D.No employee shall be required to discuss a written grievance if a Union representative is not present. E.In order to prevent the filing of a multiplicity of grievances on the same question of interpretation or compliance where the grievance covers a question common to a number of employees, it shall set forth thereon the names of the persons of the group and the title and specific assignments of the people covered by the group grievance. In such event, the Union and/or one employee shall be designated by the group of employees to act as the grievant. F.Grievances arising at a step other than Step 1 shall be processed in the same manner except that the grievance will be initiated with the appropriate CityManageror his/her designee rather than with the division head or department head. Grievances relating to suspensionor dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department head. G.It is specifically agreed that employees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an employee has been unjustly discharged, he/she may be returned to work with pay for all time lost; provided that discharge or other disciplinary action taken with respect to any probationary employees is expressly excluded from this paragraph. 12 H.Where any provision of this Agreement involves responsibility on the part of the Union that, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the City Manager, or his/her designee, and submitted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. I.The time limits of a grievance at any level may be extended by mutual written consent of the parties. If a grievant fails to submit or advance a grievance at any step in the process within the prescribed time limit as defined above, the written determination received by the grievant from the respondent at the prior step shall be considered accepted by the grievant, and the grievance shall be considered resolved. If the City fails to respond to a grievant at any step in the process within the prescribed time limit as defined above, the Union may advance the grievance to the next step in the process. ARTICLE 7 PERSONNEL PRACTICES Section 1.Regular Work Hours A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Saturday to midnight Friday. Employees’ hours of work excluding unpaid meal periods will consist of the number of hours set forth opposite the respective job class titles in the Official Pay Plan. Employees must obtain approval from a person of competent authority prior to working any hours outside of their established work schedule, either before their designated starting time or after their designated quitting time or during an unpaid meal period. B.The City shall determine and notify employees in advance of the days and times of work for their normal work schedules. Regular full-time employees will be provided an unpaid meal period of either thirty minutes or sixty minutes duration as determined by the respective Department Director. The City Manager or his/her designee shall review and determine whether, in situations where the employees’ position does not permit the employee to be freed from his/her duties only, the employeesshall instead be paid for all scheduled hours and required to take a meal during any period of non-work time during the course of the workday. Suchdetermination will not be changed on a daily basis except when necessary due to operational demands. The City shall determine at what time applicable employees will be required to take an unpaid meal period. Generally, the meal period will be scheduled in the middle of the work shift. Employees who are not scheduled an unpaid meal period will not be required to take their meal during a 15 minute paid rest period. When employees are required by the City to perform actual job duties during any part of a meal period, they will be compensated in accordance with applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked. 13 All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first portion of their work shift prior to the meal period and one after the meal period. Full-time employees who work a partial day shall be provided one 15-minute paid rest period for each four hours worked. If employees opt not to utilize such rest periods, the City shall not be deemed to have violated this section. Employees shall not have the right to accrue or otherwise utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety and may not be subdivided into shorter increments. Part-time employees shall be granted meal or rest periods in accordance with the above and based on the number of hours worked each day proportionate to a full-time employee in the same job classification. C.When an employee is required by his/her respectiveDepartment Director to attend training or job-related workshops, such time spent in training shall be paid and counted as hours worked toward the calculation of overtime. Meal periods shall not be included as such hours worked. However, if the time spent in training alone is less than the employee’s regularly scheduled hours of work forthe day, and it is not practical as determined by the employee’s department for the employee to report to work before or after the training, the employee will be paid for the number of his/her regularly scheduled hours for the day. D.The number of days of work in a specific work week for employees in the bargaining unit may vary between four, five, or six days. Whenever practicable, each employee’s regularly scheduled work week will consist of two days off per week, exclusive of overtime, standby, or recall. Each full-time employee and any part-time employee requesting such will be granted at least one day off per week, exclusive of overtime, standby, or recall. E.An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. Forty-eight hours will be deemed reasonable notice. A change in work schedule shall be considered to be a change in the established regular days or hours of work constituting the employee’s normal work schedule. The requirement to continue working beyond the normal end of a work shift when directed by competent authority to complete duties, tasks, or work assigned on the same work day shall not constitute a change in the employee’s work schedule. F.Employees may request, and with the prior approval of their respective Department shall be permitted to adjust or “flex” their hours of work within a specific work week. The City may request whether or not employees are interested in voluntarily flexing their work hours. However, the City shall not require employees to flex their work hours solely to avoid the payment of overtime, and shall not discipline employees for electing to not voluntarily flex their work hours. This provision shall not impede the City’s ability to adjust employees’ work schedules or to assign overtime when operationally necessary in accordance with applicable provisions of this Agreement. 14 G.Employees are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until released by competent authority and will not leave their work station or locations before their appointed quitting time. H.Employees will be paid in increments of one-tenth of an hour. Employees will not be docked pay for up tothe first fiveminutes and fifty-nine secondsafter their appointed starting time. Employees will not be paid for periods of work performed in increments of fiveminutes and fifty-nine seconds or less. For example, an employee who reports to work five minutes and fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not be docked pay. An employee who works sixminutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/10 hour for all such time. Section 2.Appointments & Promotions A.All appointments to positions in the bargaining unit shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examinationor other evaluation processunder the policies and practices of the Human Resources Department. Employees may review their own respective examinationor evaluation results upon request. The Union local president or designee (excluding anyapplicantshall be permitted to review individual examinationor evaluation results upon request and take such notes as necessary for the purpose of determining whether to file or pursue a grievance. B.Announcements for competitive examsor evaluation processeswill be provided to each City Department for posting at each appropriate work location at least 10 work days prior to the filing deadline. C.The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantiallyequal, will fill such positions by selection from eligible candidates in the unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D.Promotional Lists -- The names of all persons who may be lawfullyappointed and who shall have attained a passing grade on any promotional or open competitive examinationor evaluation processesshall be placed on the appropriate promotional list. E.Duration of Eligibility -- All bargaining unit members appearing onappointment eligibility lists shall remain eligible for a period of five years from the date of the establishing of the member’s name on the appropriate list. Bargaining unit members appearing on reemployment eligibility lists shall remain eligible for reemployment for a period of one year from the date of separation. 15 F.Removal of Names from Lists -- Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: 1.Appointment through certification from such list to fill a permanent position. 2.Declination of Appointment: Failure to respond to any inquiry of the Human Resources Department regarding availability for appointment. 3.Separation from the City service of an employee on a promotional list. 4.Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible from performing satisfactorily the duties of thepositionwith or without a reasonable accommodation. 5.Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. G.Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment from the appropriate eligibility list, as determined by the Appointing Authority and the Director of Human Resources. Selection criteria shall be developed by the City and reviewed by the Human Resources Department. Such criteria, including relevant qualifications and seniority as described in Article 14, Section 1,B, shall be noted on the job announcement at the time of its posting. Action plans more than two years beyond successful completion shall not be considered as factors in any appointment decision involving an existing employee. An employee who is not selected for promotion shall be afforded, upon request, a meeting with the respective hiring department and/or Human Resources to be provided an explanation of the selection criteria and the manner in which it was applied, and including a review of areas whereby improvement may make such employee better qualified. H.Promotions -- Whenever an employee having regular status successfully competes in an open competitive examination and receives an appointment to a class of a higher level, such appointment shall be considered a promotional appointment. A class of a higher level shall be deemed to be one having a higher maximum rate of pay. I.Demotions -- An employee may request to be permitted to voluntarily demote to a position at the same or lower level requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee was previously certified. Such employee’s name shall be provided to the hiring department along with the certified eligibility list, but shall not establish any entitlement or right of the employee to the vacant position, and it shall be the sole discretion of the hiring department to select such employee. An employee who is selected for a voluntary demotion to a position as a trainee in an establishedapprentice program requiring essentially the same or lesser qualifications within a class series shall be permitted to maintain his/her rate of pay upon appointment to the new classification, but shall be required to fulfill all requirements of the trainee position within any prescribed time limit, or shall be subject to dismissal from employment or the requirement to obtain alternate employment with the City. 16 Such employee shall not receive a promotional pay increase upon completion of the respective requirements for advancement, and shall instead maintain his/her current annual performance evaluation date in effect at the time of the demotion for determining eligibility for subsequent merit pay increases. J.Order of Certification -- The Human Resources Director shall determine the order of certifications which may be by test score, alphabetically, by special qualification or as otherwise determined appropriate. K.Temporary and Emergency Appointments 1.Whenever there is need of an employee for a temporary period, the Human Resources Director shall certify the names of persons on the appropriate eligibility listin accordance with City Civil Service Rules. The acceptance or refusal by an eligible of a Temporary appointment shall not affect his/her standing on the eligible list. 2.When it is impossible or impracticable to fill a position or when an eligibility list does not currently exist for a position classification, the Appointing Authority and the Human Resources Director may appoint any qualified person to such position via an Emergency Appointment without competitiveevaluation in accordance with City Civil Service Rules and Regulations. 3.The Union shall be provided upon request a list of all current Emergency Appointments. L.Probationary Periods 1.All persons initially employed or promoted to, or within, the bargaining unit shall have to serve a probationary period. During the probationary period, management shall observe and review the employee's job performance, attendance, attitude and adherence to Department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. 2.The probationary period shall consist of six consecutive months or the equivalent; provided, however, that the City may extend such probationary periods for up to three additional months. Regular part-time employees shall be required to complete 1040 hours of actual work in a class which has anormal full-time work schedule of 40 hours per week or of completing 975 hours of actual work if employed in a class which has a normal full-time work schedule of 37-1/2 hours per week, provided that in no event shall such regular part-time employee be deemed to have completed a probationary period in less than six calendar months. 3.Determination that the employee has not successfully completed the probationary period shall be made by the City. The promotional probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three months; or shall have the right to be returned to the employee’s former position at any time up to five work days following the completion of the employee’s first month probationary performance review; or may be re-assigned subsequent to five work days following the completion of the employee’s first month probationary 17 performance review to another position at the same or lower level for which the employee is determined to be qualified and with no loss of pay from the employee’s position prior to promotion; provided in any case that there is no cause for dismissal. Employees who take advantage of the opportunity to revert to their position held prior to promotion within the requisite time period of up to five work days following the completion of their first month promotional probationary review shall have their annual performance evaluation date returned to the date that was effective prior to the promotion rather than the date of the return to the former position or voluntary demotion. The entrance probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three months, or shall be separated from employment. 4.Time served during a Temporary appointment in the same job class immediately preceding regular employment status shall be credited toward the time required to be served in the probationary period in the same Department and the same division. 5.In the event that an employee is for any reason absent from duty for an accumulated period of scheduled work hours equivalent to more than nine work days prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. 6.If a promotional probationary employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not returned to his/her former position. 7.Any newly hired employee who is separated during or at the end of the expiration of the probationary period, or newly promoted employee who is returned to his/her former position, shall have no right of appeal or grievance relating to such action. M.Job Classification Review An employee, for good and sufficient reasons, may request a review for a change in classification. Such request shall be submitted in writing to the employee’s department director first. The department director shall review the request and send it,with his/her recommendation, to the Human Resources Director for review as to its justification. The Human Resources Director shall review the request and recommend to the City Manager or designee the appropriate action. The decision of the City Manager is finaland binding. Section 3.Health & Safety A.The City and the Union will cooperate in establishing a sub-committee of the Labor/Management Committee with the continued objective of eliminating accident and health hazards. This committee will meet on a regular basis and may make written recommendations to the City regarding unsafe conditions or ideas for City safety. The City will consider written recommendations from the committee and will implement solutions to these conditions where practicable or shall appear before the committee or provide a written response as to why said solutions are not practicable. The committee will not be utilized to determine fault or to reach any conclusion or determination regarding potential disciplinary action. 18 B.The City will provide any safety equipment and devices for employees engaged in work where such special devices and equipment are necessary and are specifically required by the City. Employees not utilizing safety equipment which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C.Employees will not suffer any position penalty nor be financially responsible for damage to City property occasioned by accident which is not caused by negligence. D.The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup rooms with sanitary showers for use by employees, they shall advise the City at a Labor-Management meeting and the City shall initiate a review of the need. E.The City agrees to periodically review the availability of discount programs through third parties for employees who wish to purchase safety equipment not required and provided by the City. F.No employee shall be required to work more than 16 hours in anyday, except in an emergency. G.The City shall provide free access for all bargaining unit members to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. Section 4.Paycheck Issuance Paychecks shall be available to be issued to employees at the start of their respective workdays on the same day that the paycheck is dated. Employees may elect to receive the entirety of their pay in standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Section 5.Communications Employees shall be prohibited from engaging in any form of work-related communication that may be considered compensable during any unpaid hours outside of their scheduled work hours without first obtaining approval from a person of competent authority. This includes the use of City issued cell phones andland-line City work phones, direct-connect communications (push to talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or remote access to the City computer system (including e-mail). Employees shall not use theirpersonal communications devices for non-emergency communications during work hours except for paid breaks and meal periods. Such personal communications shall be of short duration, conducted in a safe manner, and shall not adversely impact operations. Violation of these provisions shall be considered grounds for discipline. 19 ARTICLE 8 LEAVES OF ABSENCE Section 1.Holidays A.Designated Holidays The following days shall be observed as designated holidays for regular full-time and part-time employees. New Year's Day Labor Day Martin Luther King DayVeterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Note: Emergency, Temporary, temporary part-time, and other non-regularemployees shall not receive holiday pay. 1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. 2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non-shift employees. When a City designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as the official holiday for that year for non-shift employees. All designated holiday pay considerations are applicable to the designated holiday. 3. Designated holidays which fall on an employee’s regularly scheduled work day shall count as hours actually worked for the purposes of calculating overtime. The City shall not arbitrarily adjust work schedules to preclude a designated holiday from falling on an employee’s regularly scheduled work day. 4. Employees who are required to work on a designated holiday shall receive time-and-one- half their regular pay for all hours actually worked on the holiday plus holiday pay at the employees’ regular rate of pay. 5. An employee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgment of the City, failsto report for such work, shall forfeit holiday pay as well as losing regular pay for the number of hours he/she would have worked. 20 6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed must use the holiday on the same day that it is observed. 7. An employee must work or be in a paid status on his/her regularly scheduled work day immediately preceding and on his/her regularly scheduled work day immediately following a holiday to be entitled to any compensation for the holiday. Employees who are absent from work in a non-pay status (such as an employee receiving Workers’ Compensation who has exhausted the injurybenefit and sick leave, leaves of absence without pay, etc.) on either their regularly scheduled work day immediately preceding or immediately following the designated holiday shall not be paid for holidays falling within such periods. 8. If an employee calls in sick in accordance with established notification requirements when scheduled to work on a designated holiday, the employee shall receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and shall not be charged sick leave. 9. Pay Procedures for Designated Holidays a)Procedure when holiday falls on employee’s scheduled work day and employee takes the day off: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday in addition to pay for all hours worked the remainder of the workweek. b)Procedure when holiday falls on employee’s scheduled work day and employee works part of the day, works the respective normal full work day, or works overtime beyond the respective normal full work day: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and are paid time-and-one-half for hours actually worked on the designated holiday. c)Procedure when holiday falls on employee’s regularly scheduled day off: Employee may elect to receive holiday pay equivalent to 20% of the employees’ weekly average budgeted hours which will not count as hours actually worked for the purpose of calculating overtime inaddition to pay for all hours worked the remainder of the workweek; or may elect to designate as a holidayand not workhis/her regularly scheduled work day which immediately precedes or immediately follows the City designated holiday within the same pay week, in which case the employee will receive holiday pay equivalent to the number of hours the employee is scheduled to work on that day, and such hours for holiday pay would count as hours actually worked for the purpose of calculating overtime. 21 B.Floating Holidays In addition to the designated holidays above, employees shall be entitled to up to three floating holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the number of hours the employee is scheduled to work on the floating holiday in addition to pay for all hours worked the remainder of the workweek. Regular part-time employees shall be eligible to receive floating holidays at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. Floating holidays may be utilized in full-day increments only, regardless of the number of hours the employee is scheduled to work on the day the floating holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating overtime. 1. Designated holidays or any day an employee is not scheduled to work may not be selected as a floating holiday. 2. Floating holiday requirements for new hires are as follows: a) No employee may utilize floating holidays until 60 calendar days after his/her date of employment. b) Any bargaining unit member employed between January 1 and March 31 shall receive three floating holidays to be utilized during the calendar year of hire. c) Any bargaining unit member employed between April 1 and June 30 shall receive two floating holidays to be utilized during the calendar year of hire. d) Any bargaining unit member employed between July 1 and September 30 shall receive one floating holiday to be utilized during the calendar year of hire. e) Any bargaining unit member employed on or after October 1 shall not receive any floating holidays during the calendar year of hire. 3.Floating holidays may not be carried over from one calendar year to another and, if not approved andtakenby December 15,are forfeited, except that when a Department cannot schedule a floating holiday requested prior toNovember 15or cancels a previously scheduled floating holiday due to City work needs, the floating holiday may then be taken within 60 calendar days of thenew calendar year. An employee may not request any carryover of floating holiday time. 4.Floating holidays are scheduled at the mutual convenience of the employee and the respective Department. Generally, 48 hours shall be considered reasonable notice for requesting the use of floating holidays. However, the respective Department Director or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. 5.Upon an employee's separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining floating holiday balance, or if retiring may use such balance to advance the date of retirement. 22 Section 2.Vacation A.Vacation Accrual Vacation Accrual for 37.5 Hour Employees Years of ServiceBiweekly AccrualVacation Days 0 2.885 0 1* as of anniversary date 2.885 10 2 2.885 10 3 3.173 11 4 3.462 12 5 3.750 13 6 4.039 14 7 4.327 15 8 4.327 15 9 4.327 15 10 4.615 16 11 4.615 16 12 4.904 17 13 5.192 18 14 5.192 18 15 5.481 19 16 and over 5.769 20 Vacation Accrual For 40-Hour Employees Years of ServiceBiweekly AccrualVacation Days 0 3.077 0 1* as of anniversary date 3.077 10 2 3.077 10 3 3.385 11 4 3.692 12 5 4.000 13 6 4.308 14 7 4.615 15 8 4.615 15 9 4.615 15 10 4.923 16 11 4.923 16 12 5.231 17 13 5.538 18 14 5.538 18 15 5.846 19 16 and over 6.154 20 B.Maximum amount of vacation leave that may be accumulated is 240 hours. C.The vacation year shall be the payroll calendar year. 23 D.Vacation leave will accrue on a biweekly basis and will be pro-rated according to hours in a paid status and excluding overtime, standby, recall or call back hours, or any hours paid by workers compensation. E.The borrowing or advancing of vacation leave prior to its accrual is prohibited. F.Employees must be employed for six calendar months prior to requesting the use of vacation leave. G.New employees who fail to complete six calendar months of service are not paid for any accrued vacation leave. H.All employees must be granted a minimum of two weeks vacation per calendar year if properly requested by the employee in accordance with Department vacation selection procedures. Vacation leave may not be carried in an amount above thevacation cap. If vacation leave in excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or cancels previously scheduled vacation time due to City work needs. The canceled vacation time must then be taken within 60 calendar days of the scheduled vacation date. No other granting of any carryover of vacation time above the vacation leave cap is permitted. I.A period shall be established for the purpose of vacation selection, known as a vacation pick. This period shall be the first two work weeks in the month of December each year. All employees will have the opportunity to submit their vacation requests for up to the number of hours that the employee currently accrues annually for that calendar year only. Management will review these requests and determine their operational needs and staffing requirements. Management will grant the requests that do not interfere with the operations of the City. However, an employee who is approved for time during the vacation pick process and then does not have accrued vacation hours to cover the time when it arrives may be denied vacation requests exceeding the amount of vacation hours the employee has accrued at the time of the following vacation pick period. If more than one personrequests vacation that conflicts with staffing needs of the City, the conflict will be decided on the basis of City seniority, except that an employee who voluntarily changes schedule or shift after the completion of the vacation pick process shall not begiven precedence over another employee on the new schedule or shift who has already obtained approval for vacation on the same day. After the end of the vacation pick, any request for vacation shall be based on “first come, first serve.” Seniority of a bargaining unit member shall not be used to revoke vacation leave or other time off for which a department has granted prior approval to another bargaining unit member with less seniority. J.In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. K.Regular part-time employees shall have vacation accrual prorated each payroll period based on the actual hours in a paid status. 24 L.Regular full-time employees who normally work a schedule inconsistent with the 5-day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to subsection A above based on the applicable biweekly schedule. M.Upon separation from the City service, employees shall be paid at their respective current base rate of pay at the time of separation for the unused portion of vacation leave for which they may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to advance the date of retirement. N.If service requirements permit, employees may, with reasonable notice and the approval of their respective Department, use their accrued vacation in increments of tenths of an hour. 48 hours shall be deemed reasonable notice. However, the respective Department Director or his/her designee shall have the sole discretion to approve such requests if practicable when provided withless than 48 hours notice. The application of this paragraph shall not be subject to the grievance procedure. Section 3.Sick Leave A. Sick Leave Accrual 1.Employees shall accrue sick leave each payroll period prorated based on regular hours in a paid status and excluding overtime, standby, recall or call back hours, and any hours paid by workers compensation. Employees assigned to a 40-hour work week shall accrue 3.693 hours of sick leave on a biweekly payroll basis. Employees assigned to a 37.5 hour work week shall accrue 3.462 hours of sick leave on a biweekly payroll basis. Note: Employees earn 12 days per payroll calendar year. 2.Regular part-time employees shall be eligible to receive sick leave at a prorated amount based on hours in a paid status in accordance with the above. B. Sick Leave Accrual Caps Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours. Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours. C.Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another Department or classification with the same hourly work week. 3. Sick leave balances are converted to equivalent days if an employee changes classification to that with a different hourly work week (i.e., 40-hour work week to 37-1/2 hour work week and vise versa). 25 4. No sick leave balances are restored after a break in service. An employee will have a break in service if the employee is rehired by the City six months after the date of resignation or retirement or one year after a layoff. Authorized leaves of absence, suspensions, reinstatements after disability retirement or dismissal, and layoffs of less than one year will be counted as continuous service and shall not be a break in service. D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of tenths of an hour. E. Authorized Use of Sick Leave Sick Leave usage shall be authorized for the following absences: 1.Due to personal illness or physical incapacity. 2.Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3.Due to dental appointments, physical examinations, or other personal sickness prevention measures. 4.Due to illness of a member of the employee’s immediate family that requires the employee’s personal care and attention. “Immediate family” shall mean parents, step-parents, children, step-children, grandparents, grandchildren, brothers, sisters, present spouse and the “immediate family” of the employee’s spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City and the “immediate family” of the employee’s present domestic partner of record,or other family member living in the employee’s immediate household. Employees found to be utilizing Sick Leave for any reason other than those stated above shall be subject to disciplinary action up to and including termination. Employees shall be authorized to use Sick Leave as it is accrued. Employees’ requests for sick leave to be used for doctor’s appointments shall be submitted with at least 24-hour notice, except the requirement shall be waived where the employees is able to demonstrate to his/her department director an emergency exists. The employees’ respective department reserves the right to not approve such requests when advance notice is not provided or the employees’ absence will adversely affect operations. Employees shall be required to notify their immediate supervisor or management representative to request approval for sick leave each day that they are absent, except that an employee who has been approved for a continuous FMLA absence only shall be required to comply with the reporting procedures outlined in the City’s FMLA Policy instead. Such notification requests shall be provided through personal contact, except where the employee is able todemonstrate this is not possible. Failure to obtain approval for sick leave from competent City authority shall result in any such time being considered an unauthorized absence and in the denial of paid sick leave. 26 Employees may voluntarily submit acceptable evidence such as a certificate from a medical doctor to substantiate the reason for requesting Sick Leave, or they may be required to do so when requested by their respective department director if the employee is absent from work for three consecutive work days or if the respective department directorhas reason to question the legitimacy of the absence. Employees may also be required to submit a certificate from a medical doctor on a continuous basis only in conjunction with a development plan established between the employee and the employee’s respective supervisor. A valid doctor’s certificate shall be a written, typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is authorized to return to work, any conditions or limitations imposed by the doctor, and the signature of the doctor or his/her designee. The City reserves the right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick Leave. When an employee has a documented serious health condition, the City shall provide the employee with Family and Medical Leave Act request forms to be completed by the employee’s physician, which may be used to authorize useof Sick Leave in accordance with the terms of the Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the requirement to provide a doctor’s certificate for one initial continuous absence only. Employees who utilize sick leave may be required to undergo fitness for duty or maximum physical capacity examination in order to determine the employee’s ability to return to work in the same job classification or whether the employee may require a reassignment upon return to work. All such leaves shall be administered in accordance with the Family Medical Leave Act where applicable. F. Payment for Unused Sick Leave 1. Upon separation from the City service, an employee shall be paid for one-half of his/her accumulated unused sick leave up to a maximum payout of 520 hours for employees with a 1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of sick leave to advance the date of retirement. The rate of payment shall be based on the current base hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than 40 hours per week. The payment will be made provided: a) The employee is retiring on City Pension. OR b) The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs. OR c) The employee’s estateshall receive payment if an employee dies. OR d)The employee isat least sixty two years of ageand has a minimum of five years of service. 2. An employee who has been dismissed for cause shall have no claim for sick leave payment. 27 G.Injury from Other Employment 1. An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may face disciplinary action up to and including termination. H.Use of Leave After Accrual 1. Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. I.Bonus Leave Days 1. Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, and has no unexcused absences and no more than two incidents of unexcused tardiness,the employee will be awarded bonus leave days in accordance with the following chart. Time charged to sick leave in conjunction with funeral leave shall not be counted toward the eligibility for bonus leave days. Bonus leave days must be used in the next payroll calendar year. Amount of Sick Leave Used Bonus Days Awarded Less than one standard work day 2 One standard work day up to two standard work days 1 a) A payroll calendar year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck date in the calendar year. The City agrees, when practicable, to provide notice of the date of the beginning of the payroll calendar year and the date of the end of the payroll calendar year on employees’ paycheck advice statements prior to the respective payroll period in which such dates occur. b) Bonus days are not included in overtime calculations. c) Upon an employee’s separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining sick leave bonus day balance, or if retiring may use such balance to advance the date of retirement. 28 J.Sick Leave Pool 1. A leave pool will be established by members of the bargaining unit subject to the following provisions: a) The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member as defined in this section. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 15 work days. b) A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purpose and limitations. i) The committee shall consist of three active employee members designated by the Union and one non-voting management employee designated by the City Manager or City Manager’s designee, who shall provide administrative oversight and ensure compliance with the terms of the established policy and this Agreement. ii) The committee may establish procedures, forms and other rules necessary for its effective operation, provided they are consistent with the provisions of this section and subject to the approval of the City Manager or his/her designee. iii) Bargaining unit members may donate days one time per year fromtheir vacation leave, floating holiday, or sick leave balances at 100% value. c) No employee shall be permitted to donate more than four days of leave per year to the pool, unless authorized by the City Manager. d) In the event that the leave pool balance becomes lower than 100 days, the committee may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. e) All donations of pool leave time must be in full-day increments based on the full-time, regularly scheduled day for the employee’s respective job classification (i.e., an 8-hour or 10-hour day is a full day). f) Donations of pool leave time are irrevocable. g) No dollar value shall be placed on leave donations. All donationsand all authorized usage shall be computed as day-for-day. h) When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-day basis, irrespective of the number of hours used each day. Each day or portion thereof shall be counted as one day. Bargaining unit members shall be eligible to be granted up to a maximum of 30 work days or portions thereof within a 12 month period counting backwards from the time of the most recent leave pool request. 29 i.) An employee using leave pool time shall receive regular base pay and his/her regular shift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be granted forthe first 15 work days of the absence necessitating leave from the pool. After 15 work days of such absence, the employee shall be eligible to be paid retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her regular pay for any remaining pool days authorized. j.)Pool leave time granted and not used in a given year by the employee receiving the donated pool leave time shall remain with the leave pool and be carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4.Funeral Leave A. Employees shall be allowed up to four consecutive scheduled work days at any one time for funeral leave to make arrangements for and attend a funeral or memorial service with no loss of pay and no chargeagainst sick leave time in the event of death in the “immediate” family. “Immediate” family shall be defined as the employee’s spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City,or the employee’s or employee’s spouse’s or domestic partner’s child, parent, grandparent, grandchild, brother, sister, stepparent, and stepchild. B.Employees shall be allowed up to four consecutive scheduled work days at any one time, chargeable to sick leave, to make arrangements for and attend the funeral or memorial service in the event of death in the “extended” family. The term "extended family" as used in this paragraph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daughter-in-law, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or other members of the immediate household. It shall also include any blood relative of the employee living in the employee's household. C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the above. However, such days shall be paid at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. D. In the event that extenuating circumstances should necessitate an absence longer than four consecutive scheduled work days to accomplish the purpose for which this section is designed, the employee's department head, with the prior approval of the City Manager or designee, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be submitted in form and substance suitable to the department head and the City Manager or designee. Compensation for approved additional days shall be chargeableto sick leave. To be eligible for funeral leave under either section, the employee must attend the funeral or memorial service. 30 The City reserves the right to require documentation substantiating the request for funeral leave when such requests exceed two in a twelve month period, or when the City has a reasonable basis to contest the legitimacy of such requests. Authorized documentation for such purposes shall include but not be limited to a certificate of death, obituary notice, memorial card, notefrom the attending clergy, or documents verifying travel. Employees who request more than two funeral leaves in a twelve month period shall be notified upon approval of any additional funeral leave of the necessity to provide documentation to their respective department on their return to work for the duration of the twelve month period. E.Time Off to Attend Funerals on Personal Basis 1. Employees who wish to attend a funeral of a City employee or official or the family member of such employee or officialmay request to utilize accrued vacation time, floating holiday time, sick leave incentive day time, or may request to adjust their work hours within the same workweek. Such requests may be made to the respective Division Head or Department Director and may be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. 2. An employee attending a funeral while usingvacation time, floating holiday time, sick leave incentive day time, or time off without pay is doing so on a personal basis and is not recognized as a “City representative.” If the employee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted. 3. Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article 8, Section 4. However, such employees are deemed off duty while on funeral leave. Section 5.Line-of-Duty Injury A. The term line-of-duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the employee from performing his/her job because of the injury. The City shall have the right to require the employee to havea physical examination by a physician of its choice prior to payment of any compensation. B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount permitted to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall allow the use of accrued sick leave up to the amount necessary, when combined with the workers compensation payment, to equal the employee's base pay. Any adjustment to pay under this policy will be madefollowing the employee's return to work or at the expiration of the period for which Workers’ Compensation payments are provided under state law. 31 C.Should an employee become unable to perform the essential functions of his/her job due to an on-the-job injury, the employee shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he/she is demoted or transferred and provided further that he/she is capable of performing the essential functions of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the essential functions of the position he/she seeks to fill. D. An employee with less than 12months employment who is injured on the job and is eligible for Workers’ Compensation will not be charged sick leave for any medical appointments which occur during scheduled work hours and have been approved by Risk Management. E. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the Workers’ Compensation Law. Section 6.Military Leave A. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the employee's regularly scheduled work days up to a maximum of240 hoursper calendar year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time in excess of 240 hoursper calendar year shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted to the Department Director immediately upon receipt. B. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided in Paragraph A above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. When practicable as determined by the City, and upon the request of the employee, the City will adjust the employee’s schedule in order to accommodate participation in military duty training so that such training occurs on the employee’s days off. C.When emergency conditions occur as determined by the City, bargaining unit employees who are called up to active military duty shall be provided the same rights and benefits afforded to other City employees pursuant to established City policies or guidelines in effect at the time such conditions exist. Section 7.Jury Duty and Court Time A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty that fall within the employee’s regularly scheduled work hours only. Leave with pay shall be granted for time spent in court when subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. 32 Employees will be paid at their base rate of pay for any hours spent in court outside of their regularly scheduled hours of work when subpoenaed as a witness as the result of a matter arising out of the course of their employment only. 2. If the time interval between the end of the employee's most recently worked shift and the reporting time of the jury summons is less than eight hours, the employee's work schedule will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty. Although not mandatory, management will give consideration to employees to have the ability to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. Hoursspenton jury duty or in court when subpoenaed as a witness as a result ofa matter not arising out of the course of employmentwhich are compensated under the provisions of this Article shall not count as hours worked for overtime pay purposes. Hours spent in court when subpoenaed as a witness as the result of a matter arisingout of the course of employment which are compensated under the provisions of this Article shall count as hours worked for overtime pay purposes. 4.If an employee is excused or released by the Court before the end of his/her scheduled work day, he/she mustpromptly return to work. 5.An employee must bring written evidence of jury duty service or court appearance before compensation is approved. 6.As soon as an employee learns of selection for jury duty or court appearance, he/she must notify the appropriate supervisor so that arrangements may be made for his/her absence from work. 7.In the event a holiday shall occur during the period of the employee's jury duty or court appearance, the employee shall receive pay for such holiday in accordance with this agreement. Section 8.Administrative Leave The City Manager may at his/her discretion grant employees administrative leave with pay for their normal work shift or balance thereof when circumstances dictate that they be relieved from duty because their services are determined to be non-essential. Employees whose services are determined to be essential and are required to work under such circumstances shall be compensated at the rate of one-half times their regular hourly rate of pay in addition to any other compensation due for all hours actually worked when other employees City-wide or in the same work unit have been released on administrative leave. 33 If the employee is required to work a shift which is less than the employee’s regular shift, the employee shall be paid in accordance with the above for all hours actually worked, and shall be granted administrative leave with pay for the remaining hours making up the employee’s regular shift. All hours actually worked shall be counted as such for the purposeof computing overtime. Scheduled administrative leave with pay shall not be considered as hours worked for the purpose of computing overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the purpose of computing overtime. At least forty eight hours notice shall be considered scheduled. Employees who are on previously approved leave are not eligible for administrative leave with pay. Section 9.Leaves of Absence Without Pay A. Employees are allowed to take a leave ofabsence without pay up to six months, if approved by the City Manageror designee, following the expiration of all paid leave balances. B. Upon expiration of an employee's accumulated paid leave and Family and Medical Leave when applicable, if the employee is unable to return to work, upon written request and when supported by medical documentation, a leave of absence without pay for not more than one month shall be granted for the employee's continuing personal illness, at which time the case will be reviewed by the City Manageror designeefor consideration of an extension of time, if necessary, and if requested by the employee. C. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and given the same position or substantially similar position without loss of salary or benefits. D. There will be no accrual of benefits or seniority during such leave. During a leave of absence without pay or any other non-paid leave or no-pay status of an employee exceeding two weeks, the employee, if he/she desires to continue hospitalization coverage for themselves and dependents, must pay the required premiums to the City. Failure to pay for such continuation shall result in the loss of coverage. Section 10.Other Time Off An employee shall or may be granted necessary time off from his/her duties with compensation for any of the following reasons: A. For pre-induction physical examination when so ordered by a Selective Service Board. Time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two regularly scheduled work days. B. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager or designee, may be expected to contribute to the betterment of the City service. 34 C. Attendance at in-service training and other in-service meetings or programs sponsored by the City when, in the opinion of the City Manager or designee, such meetings or programs are designed to improve the City services and/or the employee's performance or to prepare him/her for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings and City-sponsored volunteer programs. D. An employee may be permitted to adjust his/her schedule within a specific workweek, or may be permitted to utilize paid leave, or may be granted time off without compensation upon the expiration of all paid leave for attendance at meetings other than those specified in the subsections above, or to attend urgent personal business, provided that such employee shall request approval from his/her department head in sufficient time to permit the latter to make arrangements therefore, and further provided that such time off will not seriously affect the efficient operation of the Department. E. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. Section 11.Union Time A. Union members shall be allowed time off with pay to attend an officially called conference, convention, or school not to exceed a total of 400 hours per year (inclusive for all Union members), with the approval of the affected Department Director, providedthat no less than one week’s notice is provided. In addition, the five active employee Union members for whom the City funds the registration costs to attend the Florida Labor Management Conference or a similar labor-management conferencein accordance with Article 5 of this Agreement shall be granted time off with pay and no charge to the Union hours above. B. Additional time off without pay for Union activity will be granted with the approval of the Department Director and such excused time will not exceed one week at a time. C. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. D. Union time off does not count as hours worked for the purposes of calculating overtime. E. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. The City reserves the right to not approve such leave requests if in its discretion it determines the absence of the Union representative will create an adverse impact to operations. The Union shall have the right to select the number of representatives authorized by the City to participate on the Union’s behalf on City-initiated committees, and shall notify the City in writing of the names of those members selected by the Union. The Union may select a substitute to replace an absent member on a City committee with the prior permission of the substitute Union member’s respective Department Director or designee. 35 The Union local president may participate as the Union representative on any committees. The Union shall coordinate its choice of representatives so that no single work group or division will be adversely affected. Union time off with pay shall be provided for up to five Union Executive Board members (excluding a note taker) for contract negotiations and labor management committee meetings. F.The executive board of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two hours at straight time. Section 12.Maternity/Paternity/Child Care Leave Maternity/Paternity/child care with or without pay to enable a parent to care for a newborn, newly adopted, or seriously ill child may be granted to an employee, upon request and documentation of need, for a period of up to twelve weeks in conjunction with leave authorized in accordance with the Family and Medical Leave Act, provided, however, that if both parents are employees of the City, only one parent at a time may take such leave. Section 13.Alternate Duty & Return to Work A.Employees who are physically unable to perform their designated jobs, with or without reasonable accommodation in accordance with applicable law,may be assigned to alternate or modified duty at the discretion of the City and in accordance with the skills, abilities, and qualifications of the employee, any medical or physical restrictions placed upon the employee, and the availability of work. Such duty assignments shall be afforded in increments of up to 30 calendar days and shall be limited to a maximum of 180 calendar days total. The employee’s ability to return to his/her designated position and the continued availability of the alternate or modified duty work shall be evaluated at each 30-day interval. Requests for alternate or modified duty work shall be submitted on the appropriate forms to the Human Resources Department. Employees designated for alternate or modified duty assignment shall be required to notify Human Resources of any changes in their condition that may impact their ability to perform the alternate or modified duty assignment or that may allow the employee to return to full-duty in his/her designated position. B. An employee may be absent from his/her designated position for a maximum oftwelve weeks or sixty work days in a twelve month period, exclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request. This timeframe shall include any paid or unpaid absence (to include leave time granted from the sick leave pool), absence due to job-connected or non-job-connected injury or illness, or time served working in an alternate or modified-duty position. An employee who is unable to perform the essential functions ofhis/her designated position, with or without reasonable accommodation in accordance with applicable law, for more thantwelve weeks or sixty work days in a twelve month period exclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request shall be required to accept alternate employment with the City in another job classification for which he/she is deemed by the City to be qualified and able to perform the essential functions, with or without reasonable accommodation in accordance with applicable law, or shall be subject to layoff. 36 An employee who is laid off pursuant to this provision shall be placed on the re- employment eligibility list for his/her designated job classification and any other job classification of a lower level in which the employee has previously served or for which the employee is deemed by the City to be qualified. ARTICLE 9 WAGES & COMPENSATION Section 1.Salary (See Appendix for listing of pay grades assigned to represented job classifications) A.Pay Range minimums and maximums for all classifications represented by the bargaining unit will be adjusted by 3 % effective at the start of the payroll period that includes October 1, 2014. Pay Range minimums and maximums for all classifications represented by the bargaining unit will be adjusted by 2.5 % effective at the start of the payroll period that includes October 1, 2015. Pay Range minimums and maximums for all classifications represented by the bargaining unit will be adjusted by 2 % effective at the start of the payroll period that includes October 1, 2016. Effective from the first day of the payroll period that includes October 1, 2014 to the last day of the payroll period that ends prior to October 1, 2015, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equal to $1,500 to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Any portion of the increase which, when annualized, exceeds the respective pay range maximum shall be paid as a one-time lump sum bonus payment, and such employees’ biweekly base rate of pay shall be adjusted to the pay range maximum. Effective from the first day of the payroll period that includes October 1, 2015 to the last day of the payroll period that ends prior to October 1, 2016, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to 3% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Any portion of the increase which, when annualized, exceeds the respective pay range maximum shall be paid as a one- time lump sum bonus payment, and such employees’ biweekly base rate of pay shall be adjusted to the pay range maximum. Effective from the first day of the payroll period that includes October 1, 2016 to the last day of the payroll period that ends prior to October 1, 2017, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to 2.5% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Any portion of the increase which, when annualized, exceeds the respective pay range maximum shall be 37 paid as a one-time lump sum bonus payment, and such employees’ biweekly base rate of pay shall beadjusted to the pay range maximum. Employees whose base rate of pay is below the adjusted salary range will receive a base pay increase to the new pay range minimum rate at the time of the adjustment. However, the amount of the adjustment will be considered to be part of the employees’ total annual merit increase, and the employees shall receive the difference between the amount of the adjustment and the amount of the merit increase provided for above to be effective at the start of the payroll period that includes the date of the employees’ annual performance review. B.Newly hired employees shall receive their first annual performance evaluation one year from their initial date of hire, and if rated Meets Standards or better, shall receive any applicable pay increases as of the start of the payroll period that includesthe date of the initial one-year performance evaluation. Such employees shall be eligible for their next annual merit pay increase, if applicable, at the start of the payroll period thatincludesthefollowing October 1 subsequent to the initial one-year performance evaluation. Upon receiving a rating of Meets Standards or better, such employees shall at that time receive a pro-ration of the applicable pay increases based on the number of days between October 1 and the date of the initial one-year performance evaluation, and shall have their annual merit pay increase date adjusted to the October 1 date thereafter. Employees shall maintain their established performance evaluation date upon changes in classification, to include promotion to a higher level classification, demotion to a lower level classification, or transfer to another classification at the same level. Employees shall receive any applicable increase or decrease in rate of pay at the start of the payroll period that includes the date of the employees’ change in classification, and shall be eligible to receive the full merit increase as provided for above at the start of the payroll period that includes the date of the employees’ annual performance evaluation. C. In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members who are determined by their respective department to not meet standards or who receive a rating of Improvement Expected on their annual performance evaluation, and who subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow- up performance evaluation, shall be eligible to receive any applicable pay increases effective on the date of the respective 3-month follow-up performance evaluation the employee is determined to meet standards. Such employees shall be eligible for their next annual merit pay increase, if applicable, on the following October 1 subsequent to the successful 3-month follow up performance evaluation, and upon receiving a rating of Meets Standards or better at that time shall receive a pro-ration of the above applicable pay increases based on the number of days between October 1 and the date of the successful 3-month follow-up performance evaluation, and shall continue to be eligible for any applicable merit pay increase on the October 1 date thereafter. Employees who receive a rating of Improvement Expected on their annual performance evaluation and both the initial and secondary 3-month follow-up performance evaluations shall not receive a merit increase, and shall be revaluated again after one year from the date of the initial evaluation that was rated Improvement Expected. 38 Section 2.Overtime A.All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only work overtime hours as directed or permitted by managerial personnel. Sick leave, vacation, and other time not worked except designated City holidays and floating holidays shall not count as hours worked for overtime purposes. B.Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime assignments to perform work applicable to the CWA bargaining unit to available and qualified members of the bargaining unit prior to offering such assignments to non-bargaining unit personnel. 1.All overtime must be approved by the respective Department Director or Manager prior to any employees worki ng outside their established work schedule. 2.The respective Department will determine if employees possess the qualifications, skills, and ability necessary to perform the required work prior to assigning the overtime. 3.Overtime will be assigned on a voluntary basis unless the respective Department Director or designee determines there is an emergency situation or there is not a sufficient number of employees available on a voluntary basis to perform the work. For an emergency situation or when an insufficient number of employees is available on a voluntary basis, overtime will be mandatory. 4.When additional work hours are required to complete necessary work and cannot be scheduled at least 48 hours in advance, the personnel working the assignment during normal work hours will be offered the additional work hours on a voluntary basis first, and then other employees possessing the qualifications, skills, and abilities necessary to perform the work will be offered the additional work hours ona voluntary basis. In order to minimize overtime costs, employees may be afforded the option of “flexing” the additional work hours within the same work week on a voluntary basis. If an insufficient number of employees working the assignment is available on a voluntary basis, employees working the assignment may be required to remain on duty until the work is completed. If additional personnel are needed, an overtime list developed by the respective Department with input from the applicable employees will be used to determine the order of selection for holdover, call-back or call-in. 5.When necessary work can be scheduled with reasonable notice at least 48 hours in advance, the respective Department Director or management designee will determine whether to modify employees’ work shifts, authorize overtime, or allow employees to request to flex their work schedules. C.Any full-time employee who is required to work two consecutive full shifts in a twenty-four hour period will be provided $10.00 for meal money. 39 Section 3.Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. Monday –FridaySaturday & SundayExtended Time During Holidays $30 Per Night$35 Per Day $40 Per Day Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48-hour period). Extended Time During Designated Holidays shall apply when an employee assigned to standby continues in standby assignment for an 8- hour extended period for a designated holiday. In addition to the above amounts, an employee who is called out to work while on Standby duty shall be credited with one hour work time or the actual hours worked during the entire Standby period, whichever is greater. An employee assigned to Standby who receives a work-related phone call during the Standby period and who conducts City business without being called out to work shall be credited with one-tenth of an hour or the actual amount of time of the phone call, whichever is greater, for each such phone call received. B.Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the employee's normal work day and returns to work, or if an employee is called back to perform needed work after the employee’s regular shift ends and the employee has alreadyleft the job, or if an employee is called in to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked, the employee shall be credited with two hours work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports on-duty, and ceases when he/she reports off-duty. C.Time beyond an employee’s regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee’s regular non-workday(s) shall not be subject to any minimum guarantee pay or hours. However, all time worked shall be credited toward hours worked for regular and overtime pay purposes. D.Employees shall not be assigned to standby duty if excused in advance by managerial personnel, and in all cases the Department will seek volunteers prior to assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability to report timely, and employees not meeting said requirements may not volunteer for such standby. E.Any employee assigned to standby and who, during the period of such standby assignment, is not readily available as required or who is or becomes unable to perform his/her work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his/her supervisor shall not be subject to discipline. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. 40 Section 4.Shift Differential Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 5% shift differential pay above the employees’base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 7% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM, regardless of the starting or ending time of the employee's shift. Section 5.Acting Pay An employee who is assigned to work in an “acting” capacity in a higher level classification for more than 10 consecutive work days shall receive acting pay retroactive to the day the acting assignment began. The amount of pay shall be 5% higher than the employee’s current base rate of pay. Driver Pay: Employees assigned to the classification of Solid Waste Worker in the Solid Waste Department will continue to receive “driver pay” for each day succeeding the 20th cumulative day the employee has substituted as a driver. The rate is $15.00 per day. Section 6.Training Differential Employees who are required to provide formal training to other employees outside of what is considered the normal scope of their job duties, and who are designated “Trainers” with an established curriculum as determined by the Department Director, will receive 5% above their normal base pay for any hours they are assigned to act as trainers in a formal training capacity. Section 7.Leadworker Assignment and Pay A Department Director, with the prior approval of the CityManager or his/her designee, may assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve the best interest of the City. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the Department Director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate responsibility for group performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing 5% above his/her current base rate of pay. Leadworker assignments may be authorized for intervals up to one year in duration, or may be authorized for shorter intervals at the discretion of the respective Department Director. If an employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be rotated to another employee deemed by the respective department to be qualified for the assignment. If no other employees are interested or deemed qualified, an employee may be assigned Leadworker for consecutive one-year intervals. 41 Section 8.Assignment Pay Differential A.A Department Director may, at his/her discretion and with the approval of the City Manager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay Differential when the duties of the position differ from others in the same classification in their difficulty, complexity, responsibility, or hazardous nature to the extent that additional compensation is deemed warranted. Assignments to positions may be on a rotational basis, or may be offered to employees in the respective classification based upon City seniority, however the Department Director shall have the right to remove any employee from such assignment in conjunction with a development plan if performance is deemed unsatisfactory. B.Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete two full routes on one work day during a work week that pickups are limited by a City designated Holiday shall receive a premium pay equivalent to four hours of pay based on the employee’s base rate of pay. Such premium pay shall not constitute hours worked or to be accumulated toward the calculation of overtime. Section 9.Uniforms and Rain Gear A.The City agrees to provide each full-time employee who is required to wear a uniform with an initial issue of five uniforms. Permanent part-time employees who are required to wear a uniform shall be issued a pro-rated number as determined necessary by the hiring department based on scheduled hours/days of work per week. The City shall determine the manner of procurement and style of uniforms to be worn. The City agrees to provide cotton blend uniforms of at least 35% cotton to employees who are required to wear uniforms. The employee agrees to launder the uniforms. The employee will be issued a replacement for each uniform that becomes torn or tattered as the result of normal wear and tear, but not for a uniform that has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. B.The City will provide safety shoes for each employee who is required to wear such. The City shall have the authority to designate additional job classifications as eligible for the provision of safety shoes. Employees who request safety shoes and are denied such by their department may have the decision reviewedby the City Manager or his/her designee by submitting a written request within 10 work days of the department’s decision. The decision of the City Manager or designee shall be final and binding and not subject to arbitration. The City shall determine the manner of procurement to be afforded all affected employees, and shall have the right of approval in determining types of shoes which are acceptable. Employees shall provideworn or unserviceable safety shoes to their respective department for inspection in order to obtain authorization for replacement. Employees may be permitted to keep such worn shoes after inspection at the discretion of their respective departments. C.TheCity will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job classification. 42 D.All uniforms and equipment provided by the City shall be issued and accounted for in accordance with I.R.S. regulations governing same. Section 10.Certification Pay A. City fleet service mechanics who obtain and maintain job-related ASE certifications in accordance with standards established by the City shall receive $.50 per hour in addition to the employees’ base rate of pay for each such certification obtained and maintained up to a maximum of seven such certifications. City fleet service mechanics who obtain and maintain the required ASE certifications constituting the designation of ASE Master in a City authorized module of study shall receive $5.00 per hour in addition to the employees’ base rate of pay in lieu of the individual certification pays described above. The City agrees to pay the cost of the training and examination process for each certification the first time employees attend such only. The City reserves the right to determine the appropriate certifications that will be entitled to the additional compensation. B.The classifications of Marine Lifeguard, Senior Marine Lifeguard, and Water Safety Supervisor shall be eligible for a 5% certification pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of a valid State of Florida Emergency Medical Technician certification. C.The classification of Building Construction Inspector shall be eligible for a 15% licensure pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance oftwo or morevalid inspector licensesoffered by the State of Florida Building Code Administrators and Inspectors Board. The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by his/her department to utilize such license at any time during the payroll period. Incumbents in the classification of Building Construction Inspector upon the effective date of this Agreement who receive a rating of Meets Expectations on their annual performance evaluation for the period from the first day of the payroll period that includes October 1, 2014 to the last day of the payroll period that ends prior to October 1, 2015 shall receive a one-time increase to their base rate of pay in an amount equivalent to 15% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Any portion of the increase which, when annualized, exceeds the respective pay range maximum shall be paid as a one-time lump sum bonus payment, and such employees’ biweekly base rate of pay shall be adjusted to the pay range maximum. Building Construction Inspectors receiving the 15% base pay adjustment, including those for whom the 15% base pay adjustment may coincide with the effective date of any pay range adjustment, shall not be eligible for and shall not receive a merit pay increase or any other pay increase as provided for the same period in accordance with Section 1 of this Article. 43 D.Incumbents in the classifications of Water Distribution Operator and Water Distribution Operator Lead, Water Distribution Supervisor I, and Water Distribution Supervisor II who obtain and maintain job-related Water Distribution Operator Licenses in accordance with standards established by the City shall receive $50.00 per payroll period in addition to the employee’s base rate of pay. The City agrees to pay the cost of the examination process for each level certification. Incumbents in the classifications of Water/Wastewater Plant Operator C, Water/Wastewater Plant Operator B, Water/Wastewater Plant Operator A, and Chief Water/Wastewater Operator shall receive $50.00 per payroll period if classified as a “C’ licensed Operator; $100.00 per payroll period if classified as a “B’ licensed Operator; and $150.00 per payroll period if classified as an “A” licensed Operator or Chief Operator, in addition to the employee’s base rate of pay. Section 11.Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when it can be verified such tools are broken on the job or when such tools are stolen from the job site and a police report confirming the theft is given to management. Employees shall be required to report the breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair. Section 12.Training and Career Development Workshops Employees will be compensated in accordance withthe Federal Fair Labor Standards Act and applicable City Policy for the time the employee attends training and career development workshops. Section 13.Travel and Mileage Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for work related travel time. All employees who drive their own vehicle for City business will be paid upon request reimbursement in accordance with City policy for any mileage traveled at the rate set by the Internal Revenue Service. Section 14.Commercial Driver's License A.Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cannot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in his/her job classification because of his/her failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a position not requiring the CDL shall result in the layoff of the employee. 44 B.The City will reimburse regular, non-probationary employees for the cost of any CDL and endorsements required by the City, including any fees associated with obtaining such license or endorsements, provided the employee has submitted evidence of possession of the CDL in good standing along with a receipt identifying the costs incurred, and has not had any in-service vehicle accident or moving traffic violations since his/her last license was issued. Section 15.Parking The City will make an effort to provide parking for all employees. Section 16.Tuition Reimbursement Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of$1,200 per year for each fiscal year of this Agreement. ARTICLE 10 INSURANCE Section 1.The City agrees to meet with the CWA representatives as necessary to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the CWA with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CWA to obtain pertinent information from the present carrier. Section 2.The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount authorized forthe plans approved by the City Commission. The City and Union agree to maintain a Benefits Committee recommendation process culminating in final action by the City Commission to determinemedical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided, and that such plan may include requirements or incentives as conditions for enrollment in the plan as determined by the outcome of the Benefits Committee process described above.. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Section 3.The City shall pay the premiums for group life insurance for all bargaining unit membersequivalent to one-and-one-half times the respective employee’s annual base rate of pay, up to a maximum of $50,000 coverage. Section 4.Unemployment Insurance: The City shall participate in and provide employees with unemployment insurance as provided by law. 45 Section 5.Workers' Compensation Insurance: The City shall participate in and provide employees with Workers' Compensation Insurance as provided by law. Section 6.Social Security Insurance: The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City retirement program. Section 7.Liability Insurance: The City shall provide legal counsel to assist in the defense of any claim against any member of the bargaining unit, where the claim results from the employee's employment with the City and where the employee is acting within the scope of his/her employment, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indemnify, pay or insure any claim other than an intentional tort. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1.No employee shall be disciplined except for just cause. Section 2.The City and the Union will continually review the Performance & Behavior Management Program (PBMP) at mutually convenient time periods in a cooperative manner. Section 3.Whenever the City or the Union proposes to amend any policy affecting the discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the City shall meet to reach consensus on any proposed changes. Section 4.Development plans designed to address employees’ performance or behavior which does not meet established standards or expectations may be initially implemented for a period from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of successfully completed development plans. ARTICLE 12 DRUG AND ALCOHOL POLICY The City’s policy is intended to conform to the Drug Free Work Place Act and to be in compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug. Section 1.Voluntary use of controlled substances which cause intoxication or impairment on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited. Section 2.All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Unit supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. 46 Section 3.Annual Physical Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physicalexamination. Section 4.City’s Drug and Alcohol Program Policy The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. ARTICLE 13 RETIREMENT Section 1.The City agrees to send announcements of regularly scheduled meetings of the Board of Trustees of the Employees' Retirement System to the President of the Union. Section 2.A spokesman for the Union shall have the right to present the Union's views regarding the employees' retirement system either orally or in writing to the Advisory Committee of the Board of Trustees. Section 3.Notification of any change of benefits in the Employees' General Pension Plan shall be given to the employees 60 days prior to any action taken. Section 4.The parties agree to bargain proposed changes in the City's Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 5.Vacation and Bonus to be Credited Toward Retirement A. Vacation Accumulation The amount of vacation accumulation shall not exceed 240 hours for the purpose of early retirement. 47 B. Special Bonus Days After 20 Years Upon the completion of a total of 20 years (consecutive) service with the City, an employee who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating credit toward the awarding of bonus days for the purpose of early retirement or a cash settlement only at the time of retirement which shall not exceed a total of 15 working days. No bonus days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule for the accumulation of bonus days shall be as follows: Upon completion of 21 years service Accumulate 1 day Upon completion of 22 years service Accumulate 2 additional days Uponcompletion of 23 years service Accumulate 3 additional days Upon completion of 24 years service Accumulate 4 additional days Upon completion of 25 years service Accumulate 5 additional days Number of days which may be accumulated 15 days total Section 6.Any sick leave charged to an employee’s sick leave balance after May 10, 1998 as the result of a line-of-duty injury shall be added back to the employee’s sick leave balance up to the employee’s respective sick leave cap at the time of retirement. This relates only to injuries and re- injuries wherein wages are compensable under Workers' Compensation. Section 7.During the advancing of the retirement date through the use of sick leave, bonus days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but not limited to vacation leave, sick leave, insurance premiums, holidays, workers’ compensation, salary increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1.Seniority A.Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. B.After successful completion of the initial probationary period,which is six months, seniority will revert to the date of employment. Seniority shall be used as a factor in consideration for promotion. When skills and qualifications are substantially equal, seniority shall prevail. C.Employees shall lose their seniority only as a result of the following: 1.Voluntary termination. 2.Retirement. 3.Termination for Cause. 4.Failure to return from military leave within the time limitprescribed by law. 48 D.Whenever there is a question as to which bargaining unit employee shall be allowed vacation for requests made outside of the established “vacation pick” process, days off, differential payments or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. Section 2.Layoffs A.An employee may be laid off by the City Manager in the manner herein provided when there is lack of work or funds, abolition of either full-time or part-time position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non- regular status employees serving in the sameclass. B.When the need arises for laying off either full-time or part-time regular employees in any department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be determined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. When other qualifications are substantially equal, City seniority will govern. When City seniority is the same, time in classification will govern. WhenCity seniority and time in classification are the same, the order of layoff shall be determined by a coin toss. When determining the order of layoff for part- time employees, City seniority shall be defined by the number of completed continuous service hours. C.An employee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to his/her current classification. If a vacant position exists within such employee’s prior classification, the employee will be assigned to the vacant position. If no vacant position exists within such employee’s prior classification, and this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. The provisions of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that he/she is physically and mentallycapable of efficiently discharging the duties of another position in the same or lower class. D.Names of regular employees who are laid off shall be placed on the re-employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. An employee who is eligible to have his/her name placed on a re-employment list may, on written request and with the approval of the Human Resources Director and the City Manager or designee, have his/her name also placed on re-employment lists for the same or lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of City seniority. 49 ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of thefirst day of the payroll period that includesOctober 1,2014and shall continue in full force and effect until the last day of the payroll period that ends prior to October 1, 2017. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _________ day of _______________________________,2014. ATTEST:CITY OF CLEARWATER __________________________________________________________________ Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness:Countersigned: ________________________________________________________________ Pamela K. Akin, City Attorney George N. Cretekos, Mayor COMMUNICATIONS WORKERS OF AMERICA _______________________________ Stephen C. Sarnoff, President, Local 3179 WITNESSES: ______________________________ ______________________________ APPENDIX A Alphabetical Listing of Job Classifications i Job CodeTitle Pay Grade 225Accounting Clerk C-105 230Accounting Technician C-109 1540Air Conditioning Technician C-112 4603Arborist C-111 707Board Reporter C-109 1560Building & Maintenance Foreman C-113 1570Building & Maintenance Supervisor C-116 1380 Building Construction Inspector *C-115 1375Building Inspector Technician C-113 510Chief Communications Technician C-114 706City Clerk Specialist C-109 90Clerk-Receptionist C-101 1318Code Enforcement Inspector C-113 500Communications Technician C-111 1040Construction Inspector I C-112 1050Construction Inspector II C-114 1001Construction Office Specialist C-109 2485Construction Specialist C-113 6001Container Maintenance Worker C-107 6565Courier C-104 6500Custodial Worker C-102 5128Customer Service Accounting Representative C-108 5125Customer Service Representative C-107 5135Customer Service Specialist C-110 1125Design & Mapping Technician C-113 1335Development Review Specialist C-112 1340Development Review Supervisor C-114 1320Development Review Technician I C-107 1325Development Review Technician II C-110 1115Drafting & Mapping Technician C-111 1741Electro-Mechanical Technician C-115 1940Electronics Technician C-114 1105Engineering Technician C-111 1172Environmental Inspector C-114 1810Equipment Operator C-108 5110Field Service Representative I C-106 5111Field Service Representative II C-107 4035Fire Public Education & Info Aide C-109 4040Fire Public Education & Info Specialist C-112 1610Fleet Mechanic C-112 1675Fleet Mechanic Supervisor C-116 1654Fleet Operations Trainer C-114 APPENDIX A Alphabetical Listing of Job Classifications ii Job CodeTitle Pay Grade 1660Fleet Production Control Coordinator C-115 1601Fleet Service Worker C-105 4601Forestry Technician C-106 5379Gas Specialist C-115 5383Gas Supervisor C-116 5355Gas Technician I C-107 5365Gas Technician II C-111 5375Gas Technician III C-114 75Graphics Designer C-111 61Graphics Specialist C-109 70Graphics Supervisor C-116 44Graphics Technician C-108 1820Heavy Equipment Operator C-111 1365Housing Inspector C-114 5741Industrial Pretreatment Technician C-113 1345Inspections Specialist C-114 2068Lead Parking Attendant C-106 2110Library Assistant C-105 8000Library Page Hourly 1360License Inspector C-113 1910Licensed Electrician C-115 4012Life Hazard Safety Inspector C-113 1760Machinist/Fabricator C-114 6530Maintenance Worker I C-102 6540Maintenance Worker II C-105 3010Marine Facility Operator C-108 3045Marine Lifeguard C-107 3044Marine Operations Supervisor C-116 3030Marine Recreation Program Supervisor C-112 1651Mechanic Fabricator C-113 655Network Support Technician I C-108 656Network Support Technician II C-111 2066Parking Attendant C-101 2030Parking Enforcement Specialist C-107 2035Parking Enforcement Supervisor C-112 2045Parking Operations Supervisor C-114 2025Parking Technician C-108 4671Parks Service Supervisor I C-114 4672Parks Service Supervisor II C-116 4625Parks Service Technician I C-104 4635Parks Service Technician II C-108 4645Parks Service Technician III C-111 APPENDIX A Alphabetical Listing of Job Classifications iii Job CodeTitle Pay Grade 3230Personnel/Payroll Technician C-110 1545Plumber C-112 8355Police Aide C-104 3571Police Communication Operator C-112 3568Police Communication Operator Trainee C-109 3560Police Communication Supervisor C-115 3515Police Information Supervisor C-113 3505Police Information Technician I C-105 3510Police Information Technician II C-109 3517Police Office Specialist C-109 3520Police Property Clerk C-106 3521Police Property Supervisor C-113 3570Police Telecommunicator C-107 4760Pool Guard C-105 1740Public Services Specialist C-115 1745Public Services Supervisor I C-114 1755Public Services Supervisor II C-116 1705Public Services Technician I C-107 1708Public Services Technician II C-111 1725Public Services Technician III C-113 1730Public Services Trainer C-114 1746Public Utilities Specialist C-115 1750Public Utilities Supervisor I C-114 1756Public Utilities Supervisor II C-116 1706Public Utilities Technician I C-107 1709Public Utilities Technician II C-111 1726Public Utilities Technician III C-113 4762Recreation Leader I C-105 4763Recreation Leader II C-107 4784Recreation Program Support Technician C-109 4785Recreation Programmer I C-109 4775Recreation Programmer II C-111 5160Senior Customer Service Representative C-111 2115Senior Library Assistant C-106 3050Senior Marine Lifeguard C-109 3572Senior Police Communication Operator C-113 180Senior Service Dispatcher C-110 170Service Dispatcher C-105 1355Sign Inspector C-114 6026Solid Waste Accounts Coordinator C-111 6020Solid Waste Equipment Operator C-111 6046Solid Waste Service Coordinator C-116 APPENDIX A Alphabetical Listing of Job Classifications iv Job CodeTitle Pay Grade 6036Solid Waste Supervisor I C-114 6040Solid Waste Supervisor II C-116 6000Solid Waste Worker C-105 6003Solid Waste Yard Maintenance Leader C-107 100Staff Assistant C-107 420Storeskeeper C-110 1010Survey Assistant I C-106 1020Survey Assistant II C-109 1030Survey Party Chief C-114 1530Tradesworker C-111 2050Traffic Engineering Assistant C-110 2053Traffic Operations Supervisor I C-114 2055Traffic Operations Supervisor II C-116 2010Traffic Signal Technician C-114 2005Traffic Sign & Marking Tech C-112 6005Transfer Station Operator C-107 4600Tree Trimmer C-108 1765Utilities Mechanic C-112 1775Utilities Mechanic Supervisor I C-114 1785Utilities Mechanic Supervisor II C-116 1640Warehouse Clerk C-108 1650Warehouse Supervisor C-114 5720Wastewater Treatment Plant Operator-A C-114 5710Wastewater Treatment Plant Operator-B C-113 5701Wastewater Treatment Plant Operator-C C-112 5700Wastewater Treatment Plant Operator-TraineeC-107 5730Wastewater Treatment Plant-Lead Operator C-116 5570Water Plant Chief Operator C-116 5561Water Plant Operator A C-114 5560Water Plant Operator B C-113 5550Water Plant Operator C C-112 5540Water Plant Operator Trainee C-107 3060Water Safety Supervisor C-114 6014Welder C-111 The minimum rate of pay shall be 15% above the respective Pay Range Minimum proscribed in Appendix B in effect at the time ofthis Agreement. APPENDIX B C.W.A. Pay Range Tables v 2014/2015 2015/2016 2016/2017 Pay GradeB/W Min*B/W Max*B/W Min*B/W Max*B/W Min*B/W Max* 101 $740.34 $1,137.51 $758.85 $1,165.94 $774.03 $1,189.26 102 $777.83 $1,194.86 $797.28 $1,224.73 $813.22 $1,249.22 103 $815.32 $1,252.21 $835.70 $1,283.52 $852.41 $1,309.19 104 $857.49 $1,314.34 $878.92 $1,347.20 $896.50 $1,374.15 105 $904.34 $1,381.26 $926.95 $1,415.79 $945.49 $1,444.10 106 $946.52 $1,452.95 $970.18 $1,489.27 $989.58 $1,519.06 107 $993.37 $1,519.86 $1,018.21 $1,557.86 $1,038.57 $1,589.01 108 $1,044.92 $1,601.11 $1,071.04 $1,641.14 $1,092.46 $1,673.96 109 $1,096.46 $1,682.36 $1,123.87 $1,724.42 $1,146.35 $1,758.91 110 $1,152.69 $1,758.83 $1,181.50 $1,802.80 $1,205.13 $1,838.86 111 $1,208.93 $1,854.42 $1,239.15 $1,900.78 $1,263.94 $1,938.80 112 $1,269.83 $1,945.23 $1,301.58 $1,993.86 $1,327.61 $2,033.74 113 $1,335.43 $2,040.82 $1,368.82 $2,091.84 $1,396.19 $2,133.68 114 $1,396.34 $2,141.19 $1,431.25 $2,194.72 $1,459.88 $2,238.61 115 $1,471.32 $2,246.33 $1,508.10 $2,302.49 $1,538.26 $2,348.54 116 $1,546.29 $2,361.04 $1,584.94 $2,420.07 $1,616.64 $2,468.47 Budget Budget Projection Projection Projection 2013 -14 2014 -15 % 2015 -16 % 2016 -17 % 2017 -18 % Origional: Total Revenue $ 114,923,880 $ 116,977,170 $ 119,122,230 121,329,020 $ 123,417,310 Total Expenditures $ 114,923,880 $ 116,977,170 $ 119,382,980 $ 121,743,590 $ 124,055,690 Annual Budget Surplus /( Deficitt) 0 $ (260,750) 414,570) $ (638,380) Cumulative Budget Deficit 0 $ (260,750) 675,320) $ (1,313,700) Revised: Total Revenue $ 117,372,560 $ 119,529,380 $ 121,748,280 Increase $ 395,390 $ 407,150 $ 419,260 Percent 0.34% 0.34% 0.35% Total Expenditures $ 114,923,880 $ 117,627,550 $ 120,149,000 122,529,980 650,380 $ 766,020 $ 786,390 Increase 0.56% 0.64% 0.65% Annual Budget Surplus /(Deficitt) $ (254,990) $ (619,620) $ (781,700) Cumulative Budget Deficit $ (254,990) $ (874,610) $ (1,656,310) Cum. Bud. Deficit Increase over Previous Est $ (254,990) $ (613,860) $ (980,990) Revenue increase 2015 over orig. $ 395,390 2015 expenditure increase all sources $ 650,380 Net $ 254,990 2015 expenditure increase $ 650,380 2015 Gent Fund CWA Impact $ 619,000 Other Pool and Library additional Exp $ 31,380 123,846,970 429,660 0.35% 124,861,030 805,340 0.65% 1,014,060) 1,356,670) r cio Origional: Total Revenue Budget Budget Projection Projection 2013 -14 2014 -15 % 2015 -16 % 2016 -17 114,923,880 Total Expenditures $ 114,923,880 116,977,170 $ 119,122,230 116,977,170 $ 119,382,980 ova Projection 2017 -18 121,329,020 $ 123,417,310 121,743,590 $ 124,055,690 Annual Budget Surplus /(Deficitt) 0 $ (260,750) 414,570) $ (638,380) Cumulative Budget Deficit 0 $ (260,750) $ (675,320) 1,313,700) Revised: Total Revenue $ 117,372,560 $ 119,529,380 $ 121,748,280 $ 123,846,970 Increase $ 395,390 $ 407,150 $ 419,260 $ 429,660 Percent 0.34% 0.34% 0.35% 0.35% Total Expenditures $ 114,923,880 $ 117,627,550 $ 120,149,000 122,529,980 $ 124,861,030 650,380 $ 766,020 $ 786,390 $ 805,340 Increase 0.56% 0.64% 0.65% 0.65% Annual Budget Surplus /(Deficitt) $ (254,990) $ (619,620) $ (781,700) $ (1,014,060) Cumulative Budget Deficit $ (254,990) $ (874,610) $ (1,656,310) $ 2,470,3/0 Cum. Bud. Deficit Increase over Previous Est $ (254,990) $ (613,860) $ (980,990) $ (1,356,670) Revenue increase 2015 over orig. $ 395,390 2015 expenditure increase all sources $ 650,380 Net $ 254,990 2015 expenditure increase $ 650,380 2015 Gen'I Fund CWA Impact $ 619,000 Other Pool and Library additional Exp $ 31,380 929 10 Ordinance No. 8612-14 ORDINANCE NO.8612-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING THE PROVISIONS OF ORDINANCE 8017-08RELATING TO THE RESTATEMENT OF THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN (THE ‘PLAN’); ADOPTINGCHANGES TO THE PLAN DOCUMENT COMPLYING WITH THE INTERNAL REVENUE CODE; REPEALING AND REPLACING DIVISION 6, CHAPTER 2, CODE OF ORDINANCES TO CODIFY THE AMENDED SECOND RESTATEMENT OF THE MONEY PURCHASE PENSION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized and empowered to amend the Plan to comply with changes to Internal Revenue code, and; WHEREAS, the Second Restatement of the Money Purchase Pension Plan was adopted on November 20, 2008, but not codified; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1.Section 6.5(b), Limitations on Allocation of Contributions, is hereby amended to read: * * * * * (b)In the event that the Annual Additions, under the normal administration of the Plan, would otherwise exceed the limits set forth above for any participant, or in the event that any Participant participates in both a defined benefit plan and a defined contribution plan maintained by the Employer and the aggregate annual additions to and projected benefits under all of such plans, under the normal administration of such plans, would otherwise exceed the limits provided by law, then the Plan Administrator shall take such actions, applied in a uniform and nondiscriminatory manner, as will keep the annual additions and projected benefits for such Participant from exceeding the applicable limits provided by law. Excess Annual Additions shall be disposed of as provided in Section 6.5(c).Adjustments shall be made to other plans, if necessary to comply with such limits, before any adjustments may be made to this Plan. * * * * * Section 6.5C shall be deleted in its entirety. 2 Ordinance No. 8612-14 (c) If as a result of a reasonable error in estimating a Participants Section 415 Compensation or other circumstances permitted under Section 415 of the Code, the Annual Additions attributable to Employer contributions for a particular Participant would cause the limitations set forth in this subsection (c)to be exceeded,the excess shall be allocated and reallocated to other Participants in the Plan. However if the allocation or reallocation of the excess amounts causes the limitations of this subsection(c)to be exceeded with respect to each Participant for the Limitation Year,then these amounts must be held unallocated in a suspense account. If a suspense account is in existence at any time during a particular Limitation Year,other than the Limitation Year described in the preceding sentence,all amounts must be allocated and reallocated to the Participants (subject to thelimitations of this subsection(c))before any contributions that constitute Annual Additions may be made to the Plan for that Limitation Year. The suspense account shall be credited or charged as the case may be with a share of the income losses,appreciation and depreciation attributable thereto as if it were an Account of a Participant. * * * Section 2. Specific authority is hereby grantedto codify and incorporate the Second Restatement of the Money Purchase Pension Plan, attached hereto as Exhibit A and made a part hereof, as Division 6, Chapter 2, Clearwater Code of Ordinance, replacing the existing Division 6, Chapter 2. Section 3.This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Exhibit A CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN SECOND RESTATEMENT \388024\2 -# 507616 v4 i CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN ARTICLE I Definitions...............................................................................................................2 1.1"Account" or "Accounts"..........................................................................................2 1.2"Administrator"..........................................................................................................2 1.3"Anniversary Date"....................................................................................................2 1.4"Annual Additions"....................................................................................................2 1.5"Code"........................................................................................................................2 1.6"Compensation"........................................................................................................2 1.7”Directed Investment Fund".....................................................................................3 1.8"Effective Date".........................................................................................................3 1.9"Employee"................................................................................................................3 1.10"Employer".................................................................................................................3 1.11"Employer Contribution Account" and “Employee Contribution Account”..........3 1.12[This section intentionally left blank.]......................................................................3 1.13"Limitation Year".......................................................................................................3 1.14"Normal Retirement Date".........................................................................................3 1.15"Participant"...............................................................................................................3 1.16"Plan".........................................................................................................................3 1.17"Plan Administrator".................................................................................................3 1.18"Plan Year".................................................................................................................4 1.19"Pooled Investment Fund"........................................................................................4 1.20"Rollover Contribution Account" ...........................................................................4 1.21"Section 415 Compensation"....................................................................................4 1.22"Segregated Investment Fund"................................................................................4 1.23"Trust"........................................................................................................................4 1.24"Trust Agreement".....................................................................................................4 \388024\2 -# 507616 v4 ii 1.25"Trustee"....................................................................................................................4 1.26"Trust Fund"..............................................................................................................4 1.27"Valuation Date"........................................................................................................4 1.28"Valuation Period".....................................................................................................4 ARTICLE II Establishment and Name of the Plan...................................................................5 2.1Name of Plan. ...........................................................................................................5 2.2Exclusive Benefit. ....................................................................................................5 2.3Mistake of Fact...........................................................................................................5 2.4Participants' Rights. ................................................................................................5 2.5Qualified Plan. ..........................................................................................................5 ARTICLE III Plan Administrator................................................................................................6 3.1Administration of the Plan........................................................................................6 3.2Powers and Duties.....................................................................................................6 3.3Direction of Trustee...................................................................................................7 3.4Conflict in Terms.......................................................................................................7 3.5Final Authority...........................................................................................................7 3.6Appointment of Advisors and Delegation of Duties................................................7 ARTICLE IV Eligibility and Participation..................................................................................8 4.1Eligibility and Participation.......................................................................................8 4.2Former Employees....................................................................................................8 4.3Change of Eligibility Status......................................................................................8 4.4Military Service..........................................................................................................8 ARTICLE V Contributions to the Trust....................................................................................9 5.1Employer Contributions............................................................................................9 5.2Form and Timing of Contributions...........................................................................9 5.3Rollover Contributions..............................................................................................9 5.4No Duty to Inquire......................................................................................................9 \388024\2 -# 507616 v4 iii ARTICLE VI Participants' Accounts and Allocation of Contributions.................................10 6.1Common Fund.........................................................................................................10 6.2Establishment of Accounts.....................................................................................10 6.3Interests of Participants..........................................................................................10 6.4Adjustments to Accounts.......................................................................................10 6.5Limitation on Allocation of Contributions..............................................................11 ARTICLE VII Benefits Under The Plan...................................................................................13 7.1Retirement Benefit...................................................................................................13 7.2Termination of Employment Benefit.......................................................................13 7.3Death Benefit...........................................................................................................13 ARTICLE VIII Form And Payment Of Benefits.......................................................................15 8.1Timing and Form.....................................................................................................15 8.2Manner of Payment..................................................................................................20 8.3Lump Sum Payment................................................................................................21 8.4Periodic Adjustments..............................................................................................21 8.5Location of Participant or Beneficiary Unknown...................................................21 8.6Transfer to Other Qualified Plans...........................................................................21 8.7Direct Rollovers.......................................................................................................22 8.8Withdrawals from Rollover Contribution Accounts..............................................23 8.9Withdrawals from Employer and Employee Mandatory Contribution Accounts.23 ARTICLE IX Trust Fund And Expenses Of Administration..................................................24 9.1Name of Trustee......................................................................................................24 9.2Expenses of Administration...................................................................................24 ARTICLE X Amendment And Termination............................................................................25 10.1Restrictions on Amendment and Termination of Plan..........................................25 10.2Amendment of Plan.................................................................................................25 10.3Termination of Plan.................................................................................................25 \388024\2 -# 507616 v4 iv 10.4Termination Procedure...........................................................................................25 ARTICLE XI Participant Direction Of Account Investment...................................................26 11.1Participant Directed Investments...........................................................................26 11.2Election Procedures................................................................................................26 11.3Failure to Designate................................................................................................26 11.4Charges and Credits................................................................................................26 11.5Procedures...............................................................................................................27 ARTICLE XII Miscellaneous....................................................................................................28 12.1Alienation.................................................................................................................28 12.2Governing Law.........................................................................................................28 12.3Gender......................................................................................................................28 12.4Forfeiture of Benefits for Specified Offenses........................................................28 12.5Claims Procedures..................................................................................................29 ARTICLE XIII Loans To Participants......................................................................................31 13.1Availability of Loans................................................................................................31 13.2Time and Manner of Repayment.............................................................................32 13.3Default......................................................................................................................32 1 \388024\2 -# 507616 v4 CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN THE CITY OF CLEARWATER, FLORIDA (the "Employer") hereby restates this money purchase pension plan, a tax-qualified defined contribution plan this _____ day of ___________, 2008, to provide supplementary retirement and other benefits for certain eligible employees. WITNESSETH: WHEREAS, the Employer desires to provide for the retirement of certain Employees employed by the Employer by establishing a money purchase pension plan for those Employees who now or may hereafter qualify for participation therein; WHEREAS, the Employer desiresto amend the Plan to comply with legislative changes; and WHEREAS, the Plan may be amended by the Employer pursuant to Section 9.02 thereof. NOW, THEREFORE, in consideration of the premises, it is agreed as follows: 2 \388024\2 -# 507616 v4 ARTICLE I DEFINITIONS 1.1"Account" or "Accounts"shall mean a Participant's Employer Contribution Account, Rollover Account and/or such other accounts as may be established by the Plan Administrator. 1.2"Administrator" shall mean the Plan Administrator. 1.3"Anniversary Date" shall mean December 31 of each Plan Year. 1.4"Annual Additions"shall mean, for any Limitation Year, the sum of: (a)the amount of Employer contributions allocated to the Participant during any Limitation Year under any qualified defined contribution plan maintained by the Employer; (b)the amount ofthe Employee's contributions (other than rollover contributions, if any) to any qualified defined contribution plan maintained by the Employer; (c)any forfeitures allocated to the Participant under any qualified defined contribution plan maintained by the Employer; or (d)amounts allocated to an individual medical account, as defined in Section 415(l)(2) of the Code that is part of a pension or annuity plan maintained by the Employer, and amounts derived from contributions that are attributable to medical benefits under a welfare benefit plan (as defined in Section 419(e) of the Code) maintained by the Employer; provided, however, the percentage limitation set forth in Section 415(c)(1)(B) of the Code shall not apply to: (A) any contribution for medical benefits (within the meaning of Section 419A(f)(2) of the Code) after separation from service which is otherwise treated as an "Annual Addition," or (2) any amount otherwise treated as an "Annual Addition" under Section 415(l)(1) of the Code. 1.5"Code" shall mean the Internal Revenue Code of 1986, as amended, or any successor statute. Reference to a specific section of the Code shall include a reference to any successor provision. 1.6"Compensation" (a)"Compensation" shall mean the regular salaries and wages, bonuses, overtime pay, holiday time, accrued vacation, sick pay, and severance pay paid by the Employer during the Plan Year reportable as W-2 wages for Federal income tax withholding purposes, Employee contributions designated as employer contributions under Section 414(h) of the Code, and elective contributions made during the Plan Year on behalf of a Participant to a Plan described in Section 125 or 457 of the Code, but shall not include any other type 3 \388024\2 -# 507616 v4 of cash or non-cash remuneration, including, but not limited to disability payments, amounts paid by the Employer to a Plan described in Section 125, 132(f)(4), 402(e)(3) or 457(b) of the Code, credits or benefits under this Plan, any amount contributed to any pension, employee welfare, life insurance or health insurance plan or arrangement, or any other fringe benefits, welfare benefits, or deferred compensation. (b)No Compensation in excess of the limit under Section 401(a)(17) of the Code (adjusted under such regulations as may be issued by the Secretary of the Treasury) shall be taken into account for any Employee. If a Plan Year consists of fewer than 12 months, the Compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the Plan Year, and the denominator of which is 12. 1.7”Directed Investment Fund" shall mean an investment fund established pursuant to Article XI for purposes of investing Participants' Accounts. 1.8"Effective Date" of this Plan shall mean January 1, 2008, except as may otherwise be noted herein. 1.9"Employee" shall mean any person actively employed by the Employer in the position of City Manager, City Attorney, Assistant City Attorney and all management contract employees, who are not participants in the City of Clearwater Employees' Pension Fund, a defined benefit pension plan, excluding temporary employees. 1.10"Employer" shall mean the City of Clearwater, Florida. 1.11"Employer Contribution Account" and “Employee Contribution Account” shall mean an account established pursuant to Section 6.2 with respect to Employer contributions and Employee contributions made pursuant to Article V. 1.12 [This section intentionally left blank.] 1.13"Limitation Year" shall mean the Plan Year. 1.14"Normal Retirement Date" shall mean the date on which a Participant has reached the age of 55. 1.15"Participant" shall mean any eligible Employee of the Employer who has become a Participant under the Plan. Participant shall include any former employee of the Employer who became a Participant under the Plan and who still has a balance in an Account under the Plan. 1.16"Plan" shall mean the City of Clearwater Money Purchase Pension Plan, a tax-qualified defined contribution plan, as herein set forth, as it may be amended from time to time. 1.17"Plan Administrator" shall mean the Employer or the person or persons appointed by the Employer pursuant to Article III hereof. 4 \388024\2 -# 507616 v4 1.18"Plan Year" shall mean the period beginning June 23, 1997 and ending December 31, 1997; thereafter, the 12-month period beginning on January 1 and ending on the following December 31 of each year. 1.19"Pooled Investment Fund" shall mean a Directed Investment Fund established under ArticleXI, the combined assets of which shall consist of the common investments of all Participants selecting the Directed Investment Fund. 1.20"Rollover Contribution Account" shall mean an account established pursuant to Section 6.2 with respect to rollover contributions made pursuant to Article V. 1.21"Section 415 Compensation" shall mean all compensation as described in Section 1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations. 1.22"Segregated Investment Fund" shall mean a Directed Investment Fund established under Article XI, in which the assets of each Participant selecting the Directed Investment Fund shall be separately invested, and for which the earnings attributable to such assets shall be separately accounted. 1.23"Trust" shall mean the trust established by the Trust Agreement. 1.24"Trust Agreement" shall mean the agreement providing for the Trust Fund, as it may be amended from time to time. 1.25"Trustee" shall mean the individual, individuals or corporation designated as trustee under the Trust Agreement. 1.26"Trust Fund"shall mean the trust fund established under the Trust Agreement from which the benefits provided for by the Plan are to be paid or funded. 1.27"Valuation Date"shall mean December 31 of each year and each day securities are traded on a national stock exchange, except regularly scheduled holidays of the Employer or the Trustee, or such other date as may be selected by the Plan Administrator. 1.28"Valuation Period" shall mean the period beginning with the first day after a Valuation Date and ending with the next Valuation Date; provided, however, that the first Valuation Period shall begin on the Effective Date of the Plan. 5 \388024\2 -# 507616 v4 ARTICLE II ESTABLISHMENT AND NAME OF THE PLAN 2.1Name ofPlan. A tax-qualified defined contribution plan is hereby established in accordance with the terms hereof and shall be known as the "CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN." 2.2Exclusive Benefit. This Plan is created for the sole purpose of providing benefits to the Participants. Except as otherwise permitted by law, in no event shall any part of the principal or income of the Trust be paid to or reinvested in the Employer or be used for or diverted to any purpose whatsoever other than for the exclusive benefit of the Participants and their beneficiaries. 2.3Mistake of Fact. Notwithstanding the foregoing provisions of Section 2.2, any contribution made by the Employer to this Plan by a mistake of fact may be returned to the Employer within one year after the payment of the contribution. 2.4Participants' Rights. The establishment of this Plan shall not be considered as giving any Employee, or any other person, any legal or equitable right against the Employer, the Trustee or the principal or the income of the Trust, except to the extent otherwise provided by law. The establishment of this Plan shall not be considered as giving any Employee, or any other person, the right to be retained in the employ of the Employer. 2.5Qualified Plan. This Plan and the Trust are intended to qualify under the Code as a tax-qualified employees' plan and trust, and the provisions of this Plan and the Trust are to be interpreted accordingly. 6 \388024\2 -# 507616 v4 ARTICLE III PLAN ADMINISTRATOR 3.1Administration of the Plan. (a)The Plan Administrator shall controland manage the operation and administration of the Plan, except with respect to investments. The Plan Administrator shall have no duty with respect to the investments to be made of the funds in the Trust except as may be expressly assigned to it by the terms of the Trust Agreement and except to the extent that the Plan Administrator determines the investment funds which will be made available under the Plan in accordance with Article XI hereof. (b)(1)The Employer may appoint a committee to assist in the administration of the Plan, which shall serve at the pleasure of the Employer. All usual and reasonable expenses of the committee may be paid in whole or part by the Employer, and any expenses not paid by the Employer shall be paid from the Trust Fund. Any members of the committee who are employees of the City shall not receive compensation with respect to their services for the committee. (2)The committee must act at a publicly noticed meeting. The committee may elect one of its members as chairman, appoint a secretary, who may or may not be a committee member, and advise the Trustee of its actions in writing. The secretary shall keep a record of all meetings and forward necessary communications to the Employer or the Trustee. The committee may adopt such by-laws and regulations as it deems desirable for the conduct of its affairs. All decisions of the committee shall be made by a vote of the majority, including actions taken in writing without a meeting. (3)The committee and the individual members thereof shall be indemnified by the Employer (and not from the Trust Fund) against any and all liabilities arising by reason of any act or failure to act made in good faith pursuant to the provisions of the Plan, including expenses reasonably incurred in the defense of any claim relating thereto. 3.2Powers and Duties. (a)The Plan Administrator shall have complete control over the administration of the Plan herein embodied, with all powers necessary to enable it to carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Plan Administrator shall have the power and discretion to interpret or construe this Plan and to determine all questions that may arise as to the status and rights of the Participants and others hereunder. 7 \388024\2 -# 507616 v4 (b)The Plan Administrator may promulgate such policies and make such rules and regulations for the proper administration of the Plan as it deems necessary. 3.3Direction of Trustee. It shall be the duty of the Plan Administrator to direct the Trustee with regardto the distribution of benefits to the Participants and others hereunder. 3.4Conflict in Terms. The Plan Administrator shall notify each Employee, in writing, as to the existence of the Plan and Trust and the basic provisions thereof. In the event of any conflict between the terms of this Plan and the Trust Agreement and as set forth in any explanatory booklet, this Plan and the Trust Agreement shall control. 3.5Final Authority. Except to the extent otherwise required by law, the decision of the Plan Administrator in matters within its jurisdiction shall be final, binding and conclusive upon each Employee and beneficiary and every other interested or concerned person or party. 3.6Appointment of Advisors and Delegation of Duties. (a)The Plan Administrator may appoint such accountants, counsel, specialists and other persons that it deems necessary and desirable in connection with the administration of this Plan. (b)The Plan Administrator may designate one or more of its employees to perform the duties required of the Plan Administrator hereunder. 8 \388024\2 -# 507616 v4 ARTICLE IV ELIGIBILITY AND PARTICIPATION 4.1Eligibility and Participation. Any Employee employed by the Employer in the position of City Manager or City Attorney shall become a Participant in the Plan on the Effective Date. Each other eligible Employee shall enter the Plan as a Participant on his date of employment. 4.2Former Employees. An Employee who ceases to be a Participant, terminates employment and is reemployed by the Employer shall be eligible again to become a Participant on thedate of his reemployment. 4.3Change of Eligibility Status. In the event a change of job classification results in a Participant no longer qualifying as an eligible Employee, such Employee shall cease to be an active Participant as of the effective date of such change of job classification but the Employee shall not be deemed to have terminated employment with the Employer for purposes of this Plan. 4.4Military Service. Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. 9 \388024\2 -# 507616 v4 ARTICLE V CONTRIBUTIONS TO THETRUST 5.1Employer Contributions. (a)Employer Contributions. For each Plan Year, the Employer shall contribute to the Trust on behalf of each Participant employed by the Employer an amount equal to: 15% of Compensation on behalf of the City Manager and the City Attorney; 14% of Compensation on behalf of the Chief of Police; and 8% of Compensation on behalf of management contract employees (excluding the Chief of Police) and Assistant City Attorneys. The Employer will make bi-weekly contributions to the Trust throughout the Plan Year to meet its funding obligations under the Plan. (b)Employee Mandatory Contributions. For eachPlan Year, the City Manager and the City Attorney shall contribute an amount equal to 2% of Compensation and the Chief of Police shall contribute an amount equal to 6% of Compensation bi-weekly to the Trust. The mandatory contributions made by employees under the Plan shall be designated as employer contributions pursuant to Section 414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Employees’ gross income for federal income tax purposes. For all other purposes of the Plan, such contributions shall be considered employee contributions. (c)Vesting. All Participants shall be immediately 100% vested in all contributions made pursuant to this Section. 5.2Form and Timing of Contributions. Payments on account of the contributions due from the Employer for any Plan Year shall be made in cash. Such payments may be made by the Employer at any time. 5.3Rollover Contributions. With the consent of the Plan Administrator and in such manner as prescribed by the Plan Administrator, the Trustee may accept a rollover contribution (as defined in the applicable sections of the Code, except that for this purpose "rollover contribution" shall be deemed to include both a direct payment from an Employee and a direct transfer from a trustee of another qualified plan in which an Employee is or was a participant). Rollover amounts shall be allocated to the Employee's Rollover Contribution Account and invested in accordance with the provisions of Article XI. The Trustee shall not accepta rollover contribution that is subject to the requirements of Sections 401(a)(11) and 417 of the Code. 5.4No Duty to Inquire. The Trustee shall have no right or duty to inquire into the amount of any contribution made by the Employer or the method used in determining the amount of any such contribution, or to collect the same, but the Trustee shall be accountable only for funds actually received by it. 10 \388024\2 -# 507616 v4 ARTICLE VI PARTICIPANTS' ACCOUNTS AND ALLOCATION OFCONTRIBUTIONS 6.1Common Fund. The assets of the Trust shall constitute a common fund in which each Participant shall have an undivided interest. 6.2Establishment of Accounts. The Plan Administrator shall establish and maintain with respect to each Participant such accounts as necessary to reflect the Participant's interest in the Trust Fund with respect to contributions made by the Employer, the Employee and a Rollover Contribution Account to reflect the Participant's interest in the Trust Fund with respect to employer, employee and rollover contributions. The Plan Administrator may establish such additional accounts as are necessary to reflect a Participant's interest in the Trust Fund. 6.3Interests of Participants. The interest of a Participant in the Trust Fund shall be the balance remaining from time to time in his Account after making the adjustments required in Section 6.4. 6.4Adjustments to Accounts. Subject to the provisions of Section 6.5, a Participant's Account shall be adjusted from time to time as follows: (a)As of each Valuation Date, each of a Participant's Accounts shall be credited or charged, as the case may be, with a share of the earnings of the Trust Fund for the Valuation Period ending with such current Valuation Date as follows: (1)As of each Valuation Date, any portion of the Participant's Accounts that is invested in a Pooled Investment Fund established under ArticleXIshall be credited or charged, as the case may be, with a share of the earnings of such Pooled Investment Fund for the Valuation Period ending with such current Valuation Date. Each Participant's share of the earnings of a Pooled Investment Fund for any Valuation Period shall be determined by the Plan Administrator on a weighted average basis, so that each Participant with a balance in such Pooled Investment Fund shall receive a pro- rata share of the earnings of such Pooled Investment Fund, taking into account the period of time that each dollar invested in such Pooled Investment Fund has been so invested. (2)As of each Valuation Date, the portion of the Participant's Accounts that is invested in each Segregated Investment Fund established under Article XI shall be credited or charged, as the case may be, with the earnings attributable to the Participant's investment in such Segregated 11 \388024\2 -# 507616 v4 Investment Fund for the Valuation Period ending with such current Valuation Date. (b)Each Participant's Accounts shall be credited with contributions made during the Plan Year, as follows: (1)As of each Valuation Date that is the last day of the Plan Year, or at such other times as determined by the Employer, the Employer Contribution Account of a Participant shall be credited with his share of the contribution made by the Employer with respect to the Plan Year ending with such ValuationDate. A Participant's share of the amount of the contribution for the Plan Year shall be determined pursuant to the provisions of Article V. (2)As of each Valuation Date, the Rollover Contribution Account of a Participant shall be credited with the Rollover Contributions, if any, made by the Participant pursuant to Article V. (c)As of each Valuation Date, each Account of a Participant shall be charged with the amount of any distribution made to the Participant or his beneficiary from such Account during the Valuation Period ending with such Valuation Date. (d)For purposes of all computations required by this Article VI, the cash method of accounting shall be used, and the Trust Fund and the assets thereof shall be valued at their fair market value as of each Valuation Date. The Plan Administrator may adopt such additional accounting procedures as are necessary to accurately reflect each Participant's interest in the Trust Fund, which procedures shall be effective upon approval by the Employer. All such procedures shall be applied in a consistent, nondiscriminatory manner. 6.5Limitation on Allocation of Contributions. (a)Notwithstanding anything contained in this Plan to the contrary, the aggregate Annual Additions to a Participant's Accounts under this Plan and under anyother defined contribution plans maintained by the Employer for any Limitation Year shall not exceed the lesser of: the limitation under Code Section 415(c), $40,000, as adjusted for increases in the cost-of-living under Code Section 415(d) of the Code, or 100% of the Participant's Code Section 415(c)(3) compensation for such Limitation Year. (b)In the event that the Annual Additions, under the normal administration of the Plan, would otherwise exceed the limits set forth above for any Participant, or in theevent that any Participant participates in both a defined benefit plan and a defined contribution plan maintained by the Employer and the aggregate annual additions to and projected benefits under all of such plans, 12 \388024\2 -# 507616 v4 under the normal administration of suchplans, would otherwise exceed the limits provided by law, then the Plan Administrator shall take such actions, applied in a uniform and nondiscriminatory manner, as will keep the annual additions and projected benefits for such Participant from exceeding the applicable limits provided by law. Adjustments shall be made to other plans, if necessary to comply with such limits, before any adjustments may be made to this Plan. 13 \388024\2 -# 507616 v4 ARTICLE VII BENEFITS UNDER THE PLAN 7.1Retirement Benefit. (a)A Participant shall be entitled to a normal retirement benefit upon such Participant's Normal Retirement Date. (b)Except as provided in Sections 8.8 and 8.9 of this Plan, until a Participant actually terminates from the employ of the Employer, he shall not receive a distribution and he shall continue to be treated in all respects as a Participant. (c)Upon the retirement of a Participant as provided in 7.1(a) and subject to adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at the time and in the manner described in Article VIII, a retirement benefit in an amount equal to 100% of the balance in his Accounts as of the Valuation Date concurring with or preceding the date of his retirement, plus the amount of any contributions allocated subsequent to such Valuation Date. 7.2Termination of Employment Benefit. In the event a Participant's employment with his Employer is terminated for reasons other than retirement, and subject to adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at the time and in the manner described in Article VIII, a termination of employment benefit in an amount equal to the balance in his Account as of the Valuation Date concurring with or preceding the date of the distribution, plus the amount of any contributions allocated subsequent to such Valuation Date. 7.3Death Benefit (a)In the event of the death of a Participant and subject to adjustment as provided in Section 8.4, his beneficiary shall be entitled to receive, at the time and in the manner described in Article VIII, a death Benefit in an amount equal to 100% of the balance in his Account as of the Valuation Date concurring with or preceding the date of his death, plus the amount of any contributions allocated subsequent to such Valuation Date. (b)At any time and from time to time, each Participant shall have the unrestricted right to designate a beneficiary to receive his death benefit and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Plan Administrator, signed by the Participant and bearing the signature of a witness to his signature. In the event that a Participant has not designated a beneficiary or beneficiaries, or if for any reason such designation shall belegally ineffective, or if such beneficiary or beneficiaries shall predecease the Participant, then the personal representative of the estate of such Participant shall be deemed to be the beneficiary designated to receive such death benefit, or if no personal representative is appointed for the estate of 14 \388024\2 -# 507616 v4 such Participant, then his next of kin under the statute of descent and distribution of the state in which such Participant's domicile at the date of his death shall be deemed to be the beneficiary or beneficiaries to receive such death benefit. 15 \388024\2 -# 507616 v4 ARTICLE VIII FORM AND PAYMENT OF BENEFITS 8.1Timing and Form. (a)(1)Except as otherwise provided in this Article VIII, the amount of the retirement or death benefit to which a Participant is entitled under Sections 7.1 and 7.3 shall be paid to him or, in the case of a death benefit, shall be paid to said Participant's beneficiary or beneficiaries as soon as practicable following the Participant's actual retirement following his Normal Retirement Date or death, as thecase may be. (2)The amount of the termination of employment benefit to which a Participant is entitled under Section 7.2 shall be paid to him as soon as practicable following his termination of employment. (3)Notwithstanding paragraphs (a)(1) and (a)(2), above, a Participant may elect to defer the distribution of his benefit until any subsequent date elected by the Participant in writing pursuant to such procedures as the Plan Administrator may adopt, but in no event later than the date described in 8.1(b). (b)(1)Effective January 1, 2003, all distributions from the Plan will be determined and made in accordance with the Treasury Regulations under Section 401(a)(9) of the Code and shall take precedence over any inconsistent provisions of the Plan. Any distribution paid to a Participant (or, in the case of a death benefit, to his beneficiary or beneficiaries) shall commence not later than: (i)April 1 of the year following the calendar year in which the Participant retires on or after his Normal RetirementDate; or (ii)April 1 of the year immediately following the calendar year in which the Participant reaches age 70½. (2)Time and Manner of Distribution. (A)Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (i)If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then,except as provided in Section 8.1(b)(2)(A)(v), distributions to the surviving spouse will begin by December 31 of the calendar 16 \388024\2 -# 507616 v4 year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70½, if later. (ii)If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, except as provided in Section 8.1(b)(2)(A)(v), distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (iii)If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest willbe distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (iv)If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, Section 8.1(b)(2)(A), other than Section 8.1(b)(2)(A)(i), will apply as if the surviving spouse were the Participant. (v)Participants or Beneficiaries may elect on an individual basis whether the 5-year ruleor the life expectancy rule in this Section 8.1(b)(2)(A) and Section 8.1(b)(4) applies to distributions after the death of a Participant who has a designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under this Section 8.1(b)(2)(A), or by September 30 of the calendar year which contains the fifth anniversary of the Participant's (or, if applicable, surviving spouse's) death. If neither the Participant nor Beneficiary makes an election under this paragraph, distributions will be made in accordance with this Section 8.1(b)(2)(A) and Section 8.1(b) (4) below. For purposes of this Section 8.1(b)(2)(A) and Section 8.1(b)(4), unless 8.1(b)(2)(A)(iv) applies, distributions are considered to begin on the Participant's required beginning date. If Section 8.1(b)(2)(A)(iv) above applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.1(b)(2)(A)(i) above. If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under 17 \388024\2 -# 507616 v4 Section 8.1(b)(2)(A)(i), the date distributions are considered to begin is the date distributions actually commence. (B)Forms of Distribution.Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 8.1(b)(3) and 8.1(b)(4). If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and the Treasury Regulations thereunder. (3)Required Minimum Distributions During Participant's Lifetime. (A)Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (i)the quotient obtained by dividing the Participant's account balance by the distribution period in the Uniform Lifetime Table set forth in Treasury Regulations Section 1.401(a)(9)-9, using the Participant's age as of the Participant's birthday in the distribution calendar year; or (ii)if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forthin Treasury Regulations Section 1.401(a)(9)-9, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. (B)Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under this Section 8.1(b)(3) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. (4)Required Minimum Distributions After Participant's Death. (A)Death On or After Date Distributions Begin. 18 \388024\2 -# 507616 v4 (i)Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated Beneficiary, determined as follows: (1)The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (2)If the Participant's surviving spouse is the Participant's sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (3)If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (ii)No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant'saccount balance by the Participant's remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (B)Death Before Date Distributions Begin. 19 \388024\2 -# 507616 v4 (i)Participant Survived by Designated Beneficiary. Except as provided in Section 8.1(b)(2)(A)(v) above, if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 8.1(b)(4)(A) above. (ii)No Designated Beneficiary. If theParticipant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 ofthe calendar year containing the fifth anniversary of the Participant's death. (iii)Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 8.1(b)(2)(A)(i) above, this Section 4 will apply as if the surviving spouse were the Participant. (5)Definitions. (A)Designated Beneficiary.The individual who is designated as the Beneficiary under the Plan and is the designated Beneficiary under Code Section 401(a)(9) and Treasury Regulations Section 1.401(a)(9)-1, Q&A-4 of the Code. (B)Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately proceeding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 8.1(b) 2 above. The requiredminimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year 20 \388024\2 -# 507616 v4 in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. (C)Life expectancy. Life expectancy as computed by use of the Single Life Table in Treasury Regulations Section 1.401(a)(9)-9 of the Code. (D)Participant's Account balance. The Account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. (c)With respect to distributions under the Plan made for the 2002 calendar year, the Plan will apply the minimum distribution requirements of Section 401(a)(9) of the Code in accordance with the regulations under Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. 8.2Manner of Payment. (a)A Participant's retirement, death or termination of employment benefit may be paid in one of the following optional forms as elected by the Participant, or in the case ofa death benefit, by the Participant's beneficiary or beneficiaries. The optional forms are as follows: (1)A lump sum payment. (2)Monthly, quarterly or annual installments over a fixed period of time, not exceeding the life of the Participant or the joint life and last survivor expectancy of the Participant and his designated beneficiary. (b)A Participant or his beneficiary may elect to receive the payment of any part or all of the unpaid installments under paragraph 8.2(a)(2) above in a lump sum, in accordance with rules and regulations promulgated by the Plan Administrator (and in accordance with the Code). (c)Each Participant shall have the right to designate a beneficiary for purposes of the optional form of benefit payment described in paragraph 8.2(a)(2) above and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Employer and shall be effective upon filing with the Employer. 21 \388024\2 -# 507616 v4 (d)In the case of a retirement or termination of employment benefit, in noevent shall payment extend beyond the life or life expectancy of the Participant or the joint lives or life expectancies of the Participant and his designated beneficiary. If the Participant dies before receiving the entire amount payable to him, the balance shall be distributed to his designated beneficiary at least as rapidly as under the method being used prior to the Participant's death. (e)In the case of a death benefit, payment (1)to the designated beneficiary shall begin within one year following the Participant's death (unless the designated beneficiary is the Participant's spouse, in which case such benefit shall begin no later than the date the Participant would have reached 70½) and shall not, in any event, extend beyond the life or life expectancy of the designated beneficiary; or (2)to any other beneficiary shall be totally distributed within five years from the date of the Participant's death. 8.3Lump Sum Payment. Notwithstanding anything contained in this Plan to the contrary, any benefit payable underthe Plan, which is not more than $1,000, including such Participant’s Rollover Contributions Account, shall be paid in a lump sum as soon as practicable following the Participant's termination of employment. 8.4Periodic Adjustments. To the extent the balance of a Participant's Accounts has not been distributed and remains in the Plan, and notwithstanding anything contained in the Plan to the contrary, the value of such remaining balance shall share in allocations of the income (or loss) of the Trust Fund pursuant to the provisions of Article VI. 8.5Location of Participant or Beneficiary Unknown. In the event that all, or any portion of the distribution payable to a Participant or his beneficiary, hereunder shall remain unpaid after five (5) Plan Years solely byreason of the inability of the Plan Administrator, after sending a registered letter, return receipt requested, to the last known address, and after further diligent effort, to ascertain the whereabouts of such Participant or his beneficiary, the amount so distributable shall be treated as a forfeiture. In the event a Participant or beneficiary of such Participant is located subsequent to his benefit being reallocated, such benefit shall be restored by an additional contribution by the Employer. 8.6Transfer to Other Qualified Plans. The Trustee, upon written direction by the Plan Administrator, shall transfer some or all of the assets held under the Trust to another plan or trust meeting the requirements of the Code relating to qualified plans and trust, whether such transfer is made pursuant to a merger or consolidation of this Plan with such other plan or trust or for any other allowable purpose. 22 \388024\2 -# 507616 v4 8.7Direct Rollovers. (a)Notwithstanding any provisions of the Plan to the contrary that would otherwise limit a distributee's (as defined below) election under this paragraph, a distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution (as defined below) paid directly to an eligible retirement plan (as defined below) specified by the distributee in a direct rollover (as defined below). (b)For purposes of this paragraph, the following terms shall have the following meanings: (1)An "eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made forthe life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code, and the portion of any distribution that is not included in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2)An "eligible retirement plan" is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) or 403(b) of the Code, a deferred compensation plan under Section 457 (b) of the Code or a qualified trust described in Section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3)A "distributee" includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4)A "direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributee. 23 \388024\2 -# 507616 v4 8.8Withdrawals from Rollover Contribution Accounts. A Participant, while still employed, may request a withdrawal of all or a portion of his Rollover Contributions Account at any time. 8.9Withdrawals from Employer and Employee Mandatory Contribution Accounts. A Participant whohas reached age 59½ may request a withdrawal of all or a portion of his Employer Contributions Account and/or his Employee Mandatory Contributions Accounts at any time. 24 \388024\2 -# 507616 v4 ARTICLE IX TRUST FUND AND EXPENSES OF ADMINISTRATION 9.1Name of Trustee. The Trust Fund shall beheld by the Trustee, or by a successor trustee or trustees, for use in accordance with the Plan under the Trust Agreement. The Trust Agreement may from time to time be amended in the manner therein provided. Similarly, the Trustee may be changed from time to time in the manner provided in the Trust Agreement. 9.2Expenses of Administration. (a)(1)The assets of the Trust Fund may be used to pay all expenses of the administration of the Plan and the Trust Fund, including the Trustee's compensation,the compensation of any investment manager, the expense incurred by the Plan Administrator in discharging its duties, all income or other taxes of any kind whatsoever that may be levied or assessed under existing or future laws upon or in respect of the Trust Fund, and any interest that may be payable on money borrowed by the Trustee for the purpose of the Trust. (2)The Employer may pay the expenses of the Plan and the Trust Fund. Any such payment by the Employer shall not be deemed a contribution to this Plan. (b)Notwithstanding anything contained herein to the contrary, no excise tax or other liability imposed upon the Trustee, the Plan Administrator or any other person for failure to comply with the provisions of any federal law shall be subject to payment or reimbursement from the assets of the Trust. (c)For its services, any corporate Trustee shall be entitled to receive reasonable compensation in accordance with its rate schedule in effect from time to time for the handling of a Trust. Any individual Trustee shall be entitled to such compensation as shall be arranged between the Employer and the Trustee by separate instrument; provided, however, that no person who is already receiving full-time pay from the Employer shall receive compensation from the Trust Fund (except for the reimbursement of expenses properly and actually incurred). 25 \388024\2 -# 507616 v4 ARTICLE X AMENDMENT AND TERMINATION 10.1Restrictions on Amendment and Termination of Plan. It is the present intention of the Employer to maintain the Plan set forth herein indefinitely. Nevertheless, the Employer specifically reserves to itself the right at any time, and from time to time, to amend or terminate this Plan in whole or in part; provided, however, that no such amendment: (a)shall have the effect of vesting in the Employer, directly or indirectly, any interest, ownership or control in any of the present or subsequent funds held subject to the terms of the Trust Agreement; (b)shall cause or permit any property held subject to the terms of the Trust Agreement to be diverted to purposes other than the exclusive benefit of the Participants and their beneficiaries or for the administrative expenses of the Plan Administrator and the Trust; (c)shall reduce the then vested interest of a Participant; (d)shall reduce the Account of any Participant; or (e)shall increase the duties or liabilities of the Trustee without its written consent. 10.2Amendment of Plan. Subject to the limitations stated in Section 10.1, the Employer shall have the power to amend this Plan in any manner that it deems desirable, and, not in limitation but in amplification of the foregoing, it shall have the right to change or modify the method of allocation of contributions hereunder, to change any provision relating to the administration of this Plan and to change any provision relating to the distribution or payment, or both, of any of the assets of the Trust. 10.3Termination of Plan. The Employer, in its sole and absolute discretion, may terminate this Plan and the Trust, completely or partially, at any time without any liability whatsoever for such complete or partial termination. In any of such events, the affected Participants, notwithstanding any other provisions of this Plan, shall have fully vested interests in the amounts credited to their respective Accounts at the time of such complete or partial termination of this Plan and the Trust. All such vested interests shall be nonforfeitable. 10.4Termination Procedure. In the event the Employer decides to terminate this Plan and the Trust, after payment of all expenses and proportionaladjustments of individual Accounts to reflect such expenses and other changes in the value of the Trust Fund as of the date of termination, each affected Participant (or the beneficiary of any such Participant) shall then be entitled to receive any amountthen credited to his Account in accordance with the form of payment prescribed by Article VIII. 26 \388024\2 -# 507616 v4 ARTICLE XI PARTICIPANT DIRECTION OF ACCOUNT INVESTMENT 11.1Participant Directed Investments. On the commencement of his participation in the Plan, each Participant shalldirect the Trustee to invest his Accounts in one or more Directed Investment Funds made available by the Plan Administrator from time to time. The Plan Administrator may provide each of the Directed Investment Funds made available to Participants throughshares of one or more investment companies or mutual funds, segregated accounts invested in one or more of savings or notice accounts, deposits in or certificates issued by a bank, insurance, annuity or other investment contracts, or other appropriate investment vehicles. 11.2Election Procedures. Except as may be otherwise provided by the Trust Agreement or by any contract enteredinto by the Trustee or the Plan Administrator with an investment manager appointed to manage all or any portion of the assets of the Plan, each Participant's directed investment elections shall be made in writing upon his commencement of participation in the Plan. (a)A Participant shall designate the percentage of the balances of his Accounts and future contributions to his Accounts tobe allocated to any Directed Investment Fund. (b)Subject to Section 11.2(c), a Participant may revise his election effective as of the first day of each Valuation Period. The Participant's revised election shall be effective for contributions made to the Plan after the effective date of such revision, and may be effective for the investment of balances previously allocated and remaining credited to a Participant's Accounts. Any revised election with respect to future contributions shall be subject to the percentage limitations established by the Plan Administrator pursuant to Section 11.2(a). If required by the Plan Administrator, any revised election with respect to existing Account balances shall specify the specific percentage, or dollar amount, of each Account to be transferred between Directed Investment Funds. (c)The Trustee shall make requested investments on behalf of each Participant within a reasonable period after the receipt of directions from the Plan Administrator or the Participant. 11.3Failure to Designate. If a Participant does not specifically designate the initial investments for all of his Accounts at the time he becomes a Participant in the Plan, his Accounts shall be invested in a stable value fund offered as one of the Directed Investment Funds available to Participants until such time as he makes his initial designation regarding his investments. 11.4Charges and Credits. A Participant's Accounts shall be divided into sub-accounts to properly account for the Directed Investment Funds in which such Accounts are invested. Each sub-account shall be adjusted as of each Valuation Date in accordance with Article VI for purposes of (a) crediting dividends, interest, and other 27 \388024\2 -# 507616 v4 income on the investments in a particular Directed Investment Fund, as well as all realized and unrealized gains credited to that fund, and (b) charging individually allocable expenses in connection with the investments in a particular Directed Investment Fund, as well as all realized and unrealized losses charged to that fund. Other charges or fees separately incurred and not charged to a Directed Investment Fund, and incurred as a result of an election made by a Participant associated with the investment of his Accounts, shall be charged against his Accounts in accordance with ArticleVI. 11.5Procedures. The Plan Administrator shall establish procedures regarding Participant investment direction as are necessary, which procedures shall be communicated to all Participants and applied in a uniform, nondiscriminatory manner. 28 \388024\2 -# 507616 v4 ARTICLE XII MISCELLANEOUS 12.1Alienation. No Participant or beneficiary of a Participant shall have any right to assign, transfer, appropriate, encumber, commute, anticipate or otherwise alienate his interest in this Plan or the Trust or any payments to be made thereunder; no benefits, payments, rights or interests of a Participant or beneficiary of a Participant of any kind or nature shall be in any way subject to legal process to levy upon, garnish or attach the same for payment of any claim against the Participant or beneficiary of a Participant; and no Participant or beneficiary of a Participant shall have any right of any kind whatsoever with respect to the Trust, or any estate or interest therein, or with respect to any other property or right, other than the right to receive such distributions as are lawfully made out of the Trust, as and when the same respectively are due and payable under the terms of this Plan and the Trust. 12.2Governing Law. This Plan shall be administered, construed and enforced according to the laws of the State of Florida, except to the extent such laws have been expressly preempted by federal law. 12.3Gender. Throughout this Plan, and whenever appropriate, the masculine gender shall be deemed to include the feminine and neuter; the singular, the plural; and vice versa. 12.4Forfeiture of Benefits for Specified Offenses. (a)Notwithstanding anything to the contrary, any Participant who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this Plan, except for the return of his Rollover Contribution Account as of the date of termination. Specified offenses are as follows: (1)The committing, aiding or abetting of an embezzlement of public funds; (2)The committing, aiding or abetting of any theft from the Employer; (3)Bribery in connection with the employment of a public officer or employee; (4)Any felony specified in Chapter 838,Florida Statutes (except §838.15 and §838.16); (5)The committing of an impeachable offense; (6)The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive 29 \388024\2 -# 507616 v4 the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of thepower, rights, privileges, duties or position of his public office or employment position. (7)Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. (b)Prior to forfeiture, the Plan Administrator shall hold a hearing on which notice shall be given to the Participant whose benefits are being considered for forfeiture. Said Participant shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Participant shall be afforded a full opportunity to present his case against forfeiture. (c)Amounts forfeited from a Participant's Account under this Section 12.4 shall be used to reduce future Employer contributions. 12.5Claims Procedures. (a)Claims for benefits under the Plan may be made by a Participant or a beneficiary of a Participant on forms supplied by the Plan Administrator. Written notice of the disposition of a claim shall be furnished to the claimant by the Plan Administrator within ninety (90) days after the application is filed with the Plan Administrator, unless special circumstances require an extension of time for processing, in which eventaction shall be taken as soon as possible, but not later than one hundred eighty (180) days after the application is filed with the Plan Administrator; and, in the event that no action has been taken within such ninety (90) or one hundred eighty (180) dayperiod, the claim shall be deemed to be denied for the purposes of Section 12.5(b). In the event that the claim is denied, the denial shall be written in a manner calculated to be understood by the claimant and shall include the specific reasons for the denial, specific references to pertinent Plan provisions on which the denial is based, a description of the material information, if any, necessary for the claimant to perfect the claim, an explanation of why such material information is necessary and an explanation of the claim review procedure. (b)If a claim is denied (either in the form of a written denial or by the failure of the Plan Administrator, within the required time period, to notify the claimant of the action taken), a claimant or his duly authorized representative shall have sixty (60) days after the receipt of such denial to petition the Plan Administrator in writing for a full and fair review of the denial, during which time 30 \388024\2 -# 507616 v4 the claimant or his duly authorized representative shall have the rightto review pertinent documents and to submit issues and comments in writing. The Plan Administrator shall promptly review the claim and shall make a decision not later than sixty (60) days after receipt of the request for review, unless special circumstances require an extension of time for processing, in which event a decision shall be rendered as soon as possible, but not later than one hundred twenty (120) days after the receipt of the request for review. If such an extension is required because of special circumstances, written notice of the extension shall be furnished to the claimant prior to the commencement of the extension. The decision of the review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the Plan provisions on which the decision is based. 31 \388024\2 -# 507616 v4 ARTICLE XIII LOANS TO PARTICIPANTS 13.1Availability of Loans. (a)The Plan Administrator, in accordance with its uniform nondiscriminatory policy, may direct the Trustee, upon application of a Participant who is actively employed by the Employer, to make a loan to such Participant out of his vested Accounts upon application of the Participant based upon the Participant’s immediate and heavy financial need (which shall be limited to the criteria set forth in paragraph (e) below). Any such loan to a Participant shall be considered a Participant directed investment under Article XI and without limitation shall be subject to the provisions of Article XI. (b)All loans must be requested in writing on an application approved by the Plan Administrator and signed by the Participant. The Employer must review and approve the application. (c)The amount advanced, when added to the outstanding balance of all other loans to the Participant from this Plan or any other qualified retirement plan adopted by the Employer, may not exceed the lesser of: (1)$50,000, reduced by the excess, if any, of: (A)the highest outstanding balance of all loans made from the Plan to that applicant during the one year period ending on the day before the date on which the loan is made, reduced by (B)the outstanding balance of all loans from the Plan to that applicant on the date on which the loan is made, or (2)50% of the vested balance of the Participant’s Accounts. (d)The minimum amount that may be borrowed by the Participant shall be$1,000.00. (e)A loan will be authorized only in the event of an immediate and heavy financial need. An immediate and heavy financial need shall be deemed to include: (1)expenses ofmedical care (as defined in Section 213(d) of the Code) incurred by the Participant or his spouse or other dependents (as defined in Section 152 of the Code) or necessary for such persons to obtain such medical care, (2)payments (other than mortgage payments) directly related to the purchase of the Participant’s principal residence, 32 \388024\2 -# 507616 v4 (3)payment of tuition and related educational fees for the next 12 months of post-secondary education for the Participant or his spouse, children or other dependents, (4)payments necessary to prevent the eviction of the Participant from his principal residence or the foreclosure on the mortgage of such residence, or (5)such other events as may be prescribed by the Commissioner of the Internal Revenue Service in revenue rulings, notices and other documents of general applicability. (f)Only one loan may be outstanding at any time. After a loan has beenfully repaid, a new loan may not be made to the borrower for at least 30 days after the final payment has been made with respect to the prior loan. (g)Notwithstanding the foregoing, no Participant shall be entitled to borrow an amount that the Plan Administrator determines could not be adequately secured by the portion of such Participant’s Accounts that is permitted to be held as security pursuant to applicable Department of Labor Regulations. (h)Any out-of-pocket legal and administrative costs incurred by the Trustee as a result of a loan, or application for a loan, shall be paid by the Participant who received or applied for such loan. 13.2Time and Manner of Repayment. Any loan made under this Article XIII shall be repayable to the Trust at such times and in such manner as may be provided by the Plan Administrator, subject to the following limitations: (a)Each loan shall be secured by 50% of the vested balanceof the Participant in his Accounts. The Plan Administrator shall not accept any other form of security. Each Participant shall agree to have each required loan payment deducted from his pay and remitted to the Trustee. (b)Each loan shall bear interest at a reasonable rate and shall provide for substantially level amortization of principal and interest no less frequently than quarterly. The interest rate charged shall be comparable to the rate charged by commercial lending institutions in the region in which the Employer is located for comparable loans as determined by the Plan Administrator at the time the loan is approved. (c)Each loan shall be repaid within a specified period of time. Such period shall not be less than twelve (12) months, nor shall such period exceed five (5) years, unless the loan is used to acquire the principal residence of the Participant. 13.3Default. In the event of default, the Trustee, at the direction of the Plan Administrator, may proceed to collect said loan with any legal remedy available, including 33 \388024\2 -# 507616 v4 reducing the amount of any distribution permitted under Article VIII by the amount of any such loan that may be due and owing as of the date of distribution or any other action that may be permitted by law. “Events of Default” shall include any failure to make a payment of principal or interest attributable to the loan when due; failure to perform or to comply with any obligations imposed by any agreement executed by the Borrower securing his loan obligation; and any other conditions or requirements set forth within a promissory note or security agreement that may be required in order to ensure that the terms of the loan are consistent with Commercially reasonable practices. IN WITNESS WHEREOF, this Plan has been executed this ____ day of _________________, 2008 .CITY OF CLEARWATER By: _________________________________ "EMPLOYER" 929 10.5 Ordinance No. 8607-14 ORDINANCE NO.8607-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING THE PROVISIONS OF CHAPTER 2, ARTICLE V., DIVISION 3., OF THE CITY OF CLEARWATER CODE OF ORDINANCE TO COMPLY WITH SECTION 401(a)(31)(B) OF THE INTERNAL REVENUE CODE; PROVIDINGAN EFFECTIVE DATE. WHEREAS, the City is authorized and empowered to amend the Plan to comply with changes to Internal Revenue code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1: Section 2.393 as restated in Section 2.412,Division 3 of Article V. of Chapter 2,is hereby amended to read: * * * * * Compensation: * * * * * (2)d. For limitation years beginning on or after July 1, 2007, and for the purposes of applying the limits of Section 415 of the Internal Revenue Code, compensation shall mean the participant’s wages, salaries, and other amount received for personal services actually rendered in the course of employment with the employer to the extent the amounts are includable in gross income, and other such amounts that are included in the definition of compensation under Treasury Regulation Section 1.415(c)-2(a). This definitionof compensation shall include any amounts paid by the later of: (1) 2 ½ months after severance from employment or (2) the end of the limitation year that includes the date of severance from employment if; (a) absent a severance from employment, such payments would have been paid to the employee while the employee continued in employment with the employer and was for regular compensation for services rendered during the employee’s regular working hours; or (b) compensation was paid for services outside the employee’s regular working hours (such as overtime or shift differential), bonuses or other similar compensation. Section 2.398 as restated in Section 2.424,Division 3 of Article V. of Chapter 2, is hereby amended to read: * * * * * 2 Ordinance No. 8607-14 c. Lump sum payment. Notwithstanding anything contained in this plan to the contrary, any benefit payable under the plan on or after March 28, 2005,the actuarial lump sum present value of which is not more than $3500.005,000.00, shall be paid in a lump sum as soon as practicable following the participant’s termination of employment. Should the actuarial lump sum value of such payment be greater than $1000.00, and if the distributeehas not elected to have such distribution paid directly to a specified eligible retirement plan, the plan administrator shall make such payment to an individual retirement plan of a designated trustee or issuer and shall notify the distributeein writing (either separately or as part of the notice under Section 402(f) of the Internal Revenue Code) that the distribution may be transferred to another individual retirement plan. * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING __________________________ PASSED ON SECOND AND FINAL __________________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-506 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Approve a recommendation by the Public Art and Design Board for the commission of a public art installation entitled Accumulate to be installed at Fire Station 45 located at 1140 Court Street, as designed by artist Aaron Stephan for a total cost of $106,950.00 to be funded from the Main Station Fire Construction capital improvement project. (consent) SUMMARY: The theme and scope of the project was determined with input from representatives from project construction team, the Clearwater Fire department and members of the Parks and Recreation department. The desired intent for the artwork was to commission public artwork that serves as an artistic enhancement to the City’s fire station and best exemplifies the spirit of the firefighter. The Public Art and Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and expertise as follows: Neale Stralow (Chair), member of the PADB Chief Robert Weiss, Fire Department representative Tara Kivett, construction manager and building representative Felicia Leonard, Parks & Recreation representative Noah Rollins, Gensler Architects and Rollins Fine Art, aesthetics representative A nationwide Call to Artists was issued and three artist finalists were invited to create a site-specific proposal of artwork for the memorial. On August 11, 2014 the Selection Panel met to review the site-specific proposals and selected the concept of artist Aaron Stephan as it best fit the theme and artistic desires of the project stakeholders. On September 4, 2014 the Public Art and Design Board unanimously approved Mr. Stephan’s proposal. The Board is recommending this artist’s proposal of public artwork to the City Council. This item supports the City's Strategic Vision by providing public art for the citizens as well as visitors to Clearwater making Clearwater a better place to live, learn, work, visit and play. This commission represents the City’s ongoing commitment to the Public Art and Design Program through commissions of public art for City capital improvement projects, a process that is not affected by the mandatory to voluntary transition of the Public Art and Private Development program. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-506 Funds are available in capital improvement project 315-91253, Main Station Fire Construction. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Accumulate AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Abstract The historic Chicago fire of 1871 was infamously lit by a cow kicking over a lamp. At the end of what seemed like an average workday, the devastating Triangle Shirtwaist fire burned for only 30 minutes and forever changed the course of labor relations in this country. The story of firefighting tells of both the mundane details of daily life and the extreme drama of once in a lifetime catastrophe. It is in these moments when the everyday is confronted by the unfathomable. Firefighters work to sustain the normality of everyday life, a task that requires extraordinary action. Accumulate bridges the ordinary and the exceptional in a form that speaks to both Fire Station 45 and the community that it serves. The Project Accumulate is inspired by a commonplace structure of fire stations: the tower where hoses are hung to dry. From the ceiling of the main lobby, a series of hoses descend and then tie into a casual knot. The twisting of the knot dramatically splays the hoses as they reach further down toward the floor below. Each hose terminates with a standard brass nozzle that appears to spray a weightless pattern of water droplets. The ornamental water effect is actually constructed from hollow glass balls, whose massive accumulation describe a large a spherical form. The resulting shape vibrates with visual energy and reflected light. Location Accumulate will be suspended in the entrance lobby of Clearwater Fire Station 45. This site provides variety of unique viewpoints including: from the street outside, from below as you enter the lobby, and from the windows above. Each vantage point provides an exciting and unique perspective of the work. Accumulate PROPOSAL 1 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Accumulate - Concept Sketch AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Specifications AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Location Accumulate will be suspended in the main entrance lobby of Fire Station 45. Materials Transparent spheres Clear blown glass Hoses Standard 2” fire hose over aluminum substructure. Hose colors: red, yellow, and black Hanging wires 1/32” dia. stainless steel cable Measurements Entire sculpture 10x10x16 feet Individual glass spheres 2” - 6” diameter Weight Entire sculpture Approx. 700 lbs. Fabrication All components will be fabricated by the artist’s team. Lighting Accumulate will be illuminated by spot lights to accentuate the glass spheres. Exact locations to be determined following a review of the building’s electrical and lighting plans. Maintenance The sculpture will be virtually maintenance free. Every 25 yrs the hanging cables should be checked for security. After 50 years, an entire structural review of the work should take place. A full maintenance plan detailing all materials used and repair methods will be submitted upon installation. Accumulate SPECIFICATIONS 4 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU 16’ 10’ 2” woven fire hose supported by aluminum pipe Hollow glass spheres hung by stainless steel braided wire Attaching hardware at ceiling to be determined by a structural engineer Accumulate SPECIFICATIONS 5 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Standard woven fire hose Hollow glass spheres Brass hose nozzle Accumulate MATERIALS 6 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Accumulate LOCATION Proposed sculpture location 7 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Materials Hose components $4,600.00 Hand blown glass spheres $6,000.00 Hanging structure $5,000.00 Misc. Materials & supplies $5,000.00 Labor Fabrication $23,000.00 Site Work Electrical (wiring and fixtures) $4,000.00 Man-lifts (rental) $3,000.00 Labor (installation) $10,000.00 General Structural Engineer $5,000.00 Shipping $3,000.00 Insurance $5,000.00 Studio $5,700.00 Permits/inspection fees $2,000.00 Documentation $750.00 Travel and lodging $5,000.00 Subtotal $87,050.00 Contingency (8%) $6,900.00 Artist fee (15%) $13,000.00 Total $106,950.00 - budget based on six month fabrication and installation period - fabrication will begin after first payment is received Accumulate BUDGET 8 AARON T STEPHAN | 142 PEARL STREET | PORTLAND ME 04101 | 207 409 4690 | WWW.AARONTSTEPHAN.COM | ASTEPHAN@MECA.EDU Accumulate - Concept Sketch Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-429 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. SUMMARY: The current agreement with Fields, Inc. to operate the Barefoot Beach House (BBH) expires on December 31, 2014. On June 16, 2014 the City issued RFP 35-14 to solicit interested parties in the operation of the BBH from January 1, 2015 to December 31, 2019 with one renewable term of five years. On July 16, 2014 the City received two qualified proposals; Fields, Inc. of Clearwater, Florida and Boucher Brothers Clearwater Beach, LLC. On August 21, 2014, after oral presentations by both proposers the RFP committee (Jay Ravins, Geri Lopez, Kevin Dunbar, Gina Clayton and Art Kader) recommend the following rankings for the two proposals. 1.Fields, Inc. of Clearwater, Florida 2.Boucher Brothers Clearwater Beach, LLC. If for some reason staff cannot negotiate an acceptable lease agreement with Fields, Inc. then they will move forward with attempting to negotiate an agreement with Boucher Brothers. It should be pointed out that both proposals were excellent and the RFP committee felt that either party would be acceptable and do an excellent job for the City. The proposals were ranked by the following criteria: a.Successful experience in State of Florida and Pinellas County providing similar services b.Longevity of proposer providing these types of services c.Successful experience in Florida managing and operating a public building d.Compensation or financial benefits to the City of Clearwater. e.Proven financial stability and resources available to fulfill contract f.Documented involvement and service to the community g.Responsiveness and completeness of RFP Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-429 The ranking of both proposals were very close but the decision to rank Fields, Inc. as number one came down primarily on the issue of the potential financial return to the City and strong community relationships. Fields, Inc. proposal provides for a greater opportunity for the City to make more revenue than the Boucher Brothers proposal; while the Boucher Brothers proposal provides for a greater guarantee to the City over the term of the agreement. Guarantee return from Boucher Brothers was $500,000 while Fields, Inc. was $100,008 per year. However, the percentage on beach rentals and percentage on additional concessions revenue by Fields, Inc. was substantially higher than Boucher Brothers. Percentage returns on beach rentals for Fields was 50% compared to 10% for Boucher Brothers. Formulas were developed to analyze the potential return scenarios based on calendar year 2013 and in all scenarios where there is any growth potential in concessions or rentals Fields, Inc. proposal yields substantially more revenue to the City. However if there were a down turn in the economy and the gross revenues per year decreased by 1% then the Boucher Brothers scenario would be higher in terms of total return to the City. Based on 2013 gross revenue the City would receive $602,979 from Fields, Inc. and $596,767 from Boucher Brothers. The 2014 gross revenue as of July 31st is running 12.8% higher than in 2013; (21.7%) in beach rentals and (3.8%) in concession sales. And, there is no indication that this revenue will decrease with the additional new developments coming to Clearwater Beach as well as projected growth in tourism. While Boucher Brothers has been very active in supporting and partnering with both non-profit and civic organizations in the areas they have business in, contributing both time and money (over $200,000 in 2012 and 2013), they have not contributed to any Clearwater community groups or organizations. On the other hand Fields, Inc. has deep roots in the community and has been a part of and contributed to the fabric of the community for over 20 year. In addition to monetary assistance for over 30 organizations they have been active on local boards and civic groups as well as developing and sponsoring Sunsets at Pier 60 and Sugar Sand Festival as part of Fun N Sun Festivals. If the ranking is approved by Council, staff will negotiate a new agreement with Fields, Inc. to be brought back to Council for approval at a later date. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 12/16/2014 File Number: ID#14-429 N/A Page 3 City of Clearwater Printed on 12/16/2014 929 10.8 File Number: 8591-14 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/16/2014 COST OF SERVICE AND RATE STUDY (2014‐2019) B&V PROJECT NO. 183062 PREPARED FOR Clearwater Gas System 12 SEPTEMBER 2014 ® ® ©B l a c k & Ve a t c h Ho l d i n g Co m p a n y 20 1 4 . Al l ri g h t s re s e r v e d . BLACK & VEATCH CORPORATION 11401 LAMAR AVENUE, OVERLAND PARK, KS 66211 +1 913‐458‐2037 | MACIASGE@BV.COM www.bv.com 12 September 2014 Mr. Chuck Warrington Managing Director & Executive Officer Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 Subject: Cost of Service and Rate Study Dear Mr. Warrington: We are enclosing our report on “Cost of Service and Rate Study (2014‐2019)” for the Clearwater Gas System (“CGS”). Our report updates our prior report from October 2010. The report presents the results of a comprehensive Study, including a projection of CGS’ financial position for the period 2014‐2019, a cost of service analysis to evaluate cost responsibility for each of the various classes of customers served, and the development of recommended rate charges to recover the costs of providing service from the respective classes of customers. Based on the results of our study, CGS’s rates are more than adequate to meet its operating needs over the forecast period. We therefore recommend a $1.2 million reduction in rate revenues. Our recommended changes to the existing rates are summarized below: Roll the non‐weather portion of the Usage and Inflation Adjustment rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index to current levels. Decrease the commercial class revenues by approximately $1.2 million. Revenue neutral rate change to the residential classes with an increase to the Residential Single Family customer charge from $10.00 to $12.00 per month, and an offsetting decrease to the distribution charge for the residential class. We appreciate the opportunity to have worked with you and your staff. If you have questions or would like to discuss further, please do not hesitate to contact us. Very truly yours, BLACK & VEATCH CORPORATION Gregory E Macias Principal Consultant Enclosure Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Table of Contents i Table of Contents 1 Executive Summary ......................................................................................................... 1 1.1 Background .............................................................................................................................. 1 1.2 Study Objectives .................................................................................................................... 1 1.3 Scope ........................................................................................................................................... 1 1.4 Customers and throughput ............................................................................................... 2 1.5 Revenues and Revenue Requirements under Existing Rates ............................. 2 1.6 Class Cost of Service ............................................................................................................. 4 1.7 Suggested Rate Adjustments ............................................................................................ 5 2 Revenues and Revenue Requirements ..................................................................... 9 2.1 Projection of Number of Natural Gas Customers, Throughput, and Sales Revenues ...................................................................................................................................... 9 2.2 Revenue and Revenue Requirements ........................................................................ 13 2.3 Revenues ................................................................................................................................ 13 2.4 Revenue Requirements .................................................................................................... 15 2.4.1 Operating Expenses ................................................................................................. 15 2.4.2 Transfers to the City ................................................................................................ 15 2.4.3 Depreciation ............................................................................................................... 16 2.4.4 Debt Service ................................................................................................................ 16 2.4.5 Plant Extensions and Replacements ................................................................. 16 2.4.6 Net Cash Flow ............................................................................................................. 17 2.5 Proposed Rate Adjustment............................................................................................. 17 3 Cost of Service ................................................................................................................. 18 3.1 Cost of Service ...................................................................................................................... 18 3.2 Customer Classifications ................................................................................................. 19 3.3 Basis for Allocation ............................................................................................................ 19 3.3.1 Cost Functions ............................................................................................................ 20 3.3.2 Allocation Factors and Allocation of Cost of Service .................................. 20 3.4 Summary of Costs of Service and Comparison with Revenues ....................... 26 4 Recommended Rate Adjustments ............................................................................ 28 4.1 Recommended Rate Adjustments ............................................................................... 28 5 Disclaimer ........................................................................................................................ 36 Appendix A—Recommended Ordinance ........................................................................ 37 Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Table of Contents ii LIST OF TABLES Table 1‐1 Historical and Projected Revenues and Revenue Requirements under Existing Rates ........................................................................................................ 3 Table 1‐2 Historical and Projected Revenues & Revenue Requirements under Proposed Rates ..................................................................................................... 7 Table 1‐3 Comparison of Residential Bills with Recommended Rates to Duke Energy .................................................................................................................................... 8 Table 2‐1 Historical and Projected Customer, Sales, and Revenues ............................... 11 Table 2‐2 Historical and Projected Revenues & Revenue Requirements under Existing Rates ..................................................................................................... 14 Table 3‐1 Functional Cost of Service ............................................................................................ 22 Table 3‐2 Allocation of 2015 Test Year Cost of Service to Cost Functions ................... 23 Table 3‐3 Estimated 2009 Test Year Units of Service and Allocation Factors ............ 25 Table 3‐4 Allocation of 2009 Test Year Cost of Service to Customer Classes, and Rate of Return to Customer Classes .............................................................. 27 Table 4‐1 Comparison of CGS Rates to Regional Gas Utilities ............................................ 30 Table 4‐2 Existing and Recommended Natural Gas Rates .................................................. 31 Table 4‐3 Historical and Projected Revenues & Revenue Requirements under Proposed Rates .................................................................................................. 32 Table 4‐4 Revenues Under Existing and Proposed Rates .................................................... 33 Table 4‐5 Comparison of Residential Bills with Recommended Rates to Progress Energy ............................................................................................................. 35 LIST OF FIGURES Figure 2‐1 Residential Single‐Family Use per Customer ..................................................... 10 Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 1 1 Executive Summary 1.1 BACKGROUND The City of Clearwater, Florida, (the City) owns and operates Clearwater Gas System (CGS), which is the natural gas and propane system serving approximately 20,500 customers in a service area located in Pinellas and Pasco Counties. Service is provided to residences, businesses, industry, and institutions. CGS is one of seven enterprise operations (natural gas and propane, water, sewer, reclaimed water, solid waste, recycling, storm water) owned and operated by the City. The elected City Council sets policy guidelines and charges the City Manager with the direction of all departments. CGS is administered by a Managing Director who reports to the Assistant City Manager, Economic Development & Enterprise Operations. 1.2 STUDY OBJECTIVES The overall purpose of this engagement is multi‐faceted. Specifically, findings, conclusions, and recommendations together with supporting documentation are provided relative to the following initiatives undertaken during the course of our analyses: 1. Evaluate the adequacy of existing cost recovery mechanisms, specifically user rates to meet the operational and capital requirements of CGS on a prospective basis. 2. Verify that the current rates are being applied correctly. 3. Forecast revenues and revenue requirements for a five‐year period to determine the overall adequacy of existing rates to support CGS’ operating and capital needs and prudently maintain cash reserves to meet CGS contingencies. 4. Prepare a class cost of service analysis to identify the cost associated with serving each class of service. 5. Recommend revised rates sufficient to meet CGS’ total revenue requirements that reflect cost of service considerations and practical rate implementation constraints, as required. 1.3 SCOPE This report presents the results of a comprehensive study including a projection of the financial position of CGS for the period 2014 through 2019, a class cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served, and the development of recommended rate charges to recover the costs of providing service from respective classes of customers. CGS operates on a fiscal year ending September 30. References in this report to a specific year reflect the fiscal year ending on September 30 of that year unless otherwise noted. The projections of revenue requirements for CGS are based on the analysis of historical costs incurred in providing service and reflect current and anticipated future operating conditions and cost levels. Anticipated future operating conditions and cost levels recognize the amount and degree of service, system expansion, renewals and replacements, inflationary effects, and other factors. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 2 The class cost of service analysis includes the functional classification of test year costs and the subsequent allocation of functional costs to various classes of customers on the basis of the relative cost responsibility of each class. Allocated cost of service is then compared with test year revenues under recommended rates to determine the rate of return on allocated net plant investment for each of the customer classes. CGS passes through and recovers from customers its natural gas costs via a purchased gas cost rider. Therefore our report focuses on the margin, or the non‐gas cost, portion of CGS’ gas rate. CGS has in‐place several riders that include a Usage and Inflation Adjustment (UIA), an Energy Conservation Adjustment (ECA) and a Regulatory Imposition Adjustment (RIA). The UIA is a mechanism in CGS’s tariff to adjust for fluctuations in consumption due to colder or warmer than normal weather, declining usage due to conservation, and rising costs due to inflation. The UIA adjustment is applied to all standard rate customer classes (not applicable to contract and interruptible customers). Our sales projections are weather normalized. 1.4 CUSTOMERS AND THROUGHPUT Over the 2009‐2013 period, the number of natural gas customers served by CGS has increased by 775 customers, or approximately 1.1 percent per year, from 17,389 in 2009 to 18,164 in 2013. The increase in customers is largely attributable to the addition of residential customers. For the period 2009‐2012, throughput (sales) averaged 21,443,452 therms, and increased to 23,437,404 therms in 2013 due to the addition of two new contract customers. We project that number of customers and throughput will increase during the projected period based on this recent trend. Our projection of numbers of customers and throughput are conservative based on our discussion with management regarding marketing efforts and existing local and statewide economic conditions. We project by 2019 the number of natural gas customers will increase to 20,002, and weather normalized throughput will increase to 24,416,706 therms. We have projected that use per customer during the projection period will remain constant at the levels experienced over the recent historical period. However, per customer usage (primarily Residential) has been declining consistent with the trends experienced throughout the country as the efficiency of natural gas equipment and homes has improved. Weather normalized Residential Single‐Family use per customer has declined from 204 therms per year in FY 2009 to 197 therms per year in our forecast for FY 2014. Weather normalized use per Commercial1 customer is forecast to be 6,203 therms annually. The decline experienced in Clearwater is consistent with trends we have seen throughout the country primarily due to conservation and improved equipment efficiency. 1.5 REVENUES AND REVENUE REQUIREMENTS UNDER EXISTING RATES We use the cash basis of determining revenue requirements for municipal utilities as a guide in recommending overall rate adjustments. The cash basis is an accepted industry norm for municipal utility rate and bond financing studies. Table 1‐1 summarizes historical and projected revenues and revenue requirements under existing rates. We also present net cash flow for the projected period. 1 CGS rate schedules SFC, MFC, LFC, SGS, MGS, LGS, NGV, NSS, and firm Contracts. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 3 Table 1‐1 Historical and Projected Revenues and Revenue Requirements under Existing Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,036,700 2,692,000 2,698,800 2,727,300 2,757,800 2,407,300 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,691,300 18,074,300 18,138,300 18,228,400 18,325,100 18,046,600 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 2,133,900 2,177,100 2,224,400 2,276,300 2,333,400 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 10,440,000 10,468,900 10,498,000 10,527,300 10,557,100 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 260,000 530,300 811,700 1,104,900 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection 105,800 139,800 140,200 141,700 143,300 125,100 13Regulatory Imposition Adjustment Revenue223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,412,600 15,710,800 16,058,300 16,422,400 16,803,400 17,183,400 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,103,900 33,785,100 34,196,600 34,650,800 35,128,500 35,230,000 16Other Revenue 17 LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 178,600 244,900 245,100 246,300 247,400 233,800 18Service Charges and Fees 1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax 2,009,096 1,936,983 1,836,555 1,907,026 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,259,500 4,426,100 4,509,500 4,596,700 4,686,900 4,749,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,363,400 38,211,200 38,706,100 39,247,500 39,815,400 39,979,600 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26Other ECA/RIA Recovery 1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes 2,075,417 1,999,438 1,894,789 1,968,107 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,179,100 26,224,300 26,546,600 26,882,100 28,231,300 28,580,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,184,300 11,986,900 12,159,500 12,365,400 11,584,100 11,399,600 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,669,600 10,352,200 10,404,800 10,490,700 9,589,400 9,284,900 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges (815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs (27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue 331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer 6,282,474 8,778,393 9,543,372 8,282,209 9,637,200 10,505,800 10,588,600 10,705,000 9,834,300 9,546,200 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,645,082) (3,496,100) (3,504,900) (3,541,900) (3,581,600) (3,126,400) 42Net Income 2,068,602 6,988,184 6,443,295 5,530,791 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,645,018 3,693,400 3,872,400 4,066,800 3,626,400 3,903,500 60Cumulative Cash Flow 30,993,800 34,638,818 38,332,218 42,204,618 46,271,418 49,897,818 53,801,318 61 Margin on Sales 17,449,300 18,402,800 18,757,100 19,149,700 19,561,200 19,590,700 62 Net Cash Flow as % of Margin 20.9%20.1%20.6%21.2%18.5%19.9% (1) LP revenue less cost of propane less propane O&M Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 4 CGS derives its revenues from gas and propane sales, interest on reserve funds, and other miscellaneous receipts. CGS’ operating revenues, including sales of propane, have increased from $35.1 million in 2010 to $36.3 million in 2013. CGS passes through and recovers from customers the cost of purchased gas. We project operating revenues under existing rates to increase to $40 million during the projection period, due primarily to the continued recent historical trend in customer growth and continued application of the UIA rider. Revenue requirements of CGS include operating expenses, debt service on existing and future bonds, transfers to the City, and system improvements financed from current revenues. We project approximately $20 million of capital expenditures to be financed through revenues during the 2015‐2019 period. In the table below we summarize projected cash financed capital improvements for the natural gas system. These projections were supplied by CGS. PROJECT CAPITAL EXPENDITURES FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 TOTAL $$$$$ $ Environmental Remediation 100,000 100,000 100,000 100,000 100,000 500,000 Line Relocation Pinellas ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Gas Meter Change out ‐ Pinellas 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pinellas ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Pinellas New Mains & Service Lines 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 Pasco New Mains & Service Lines 500,000 500,000 500,000 500,000 500,000 2,500,000 Gas Meter Change Out ‐ Pasco 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Building Renovation 200,000 200,000 200,000 200,000 200,000 1,000,000 Expanded Energy Conservation 500,000 500,000 500,000 500,000 500,000 2,500,000 Natural Gas Vehicle 300,000 300,000 300,000 300,000 300,000 1,500,000 Future IMS Software and Hardware 100,000 100,000 100,000 100,000 100,000 500,000 Total New Capital 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 20,000,000 1.6 CLASS COST OF SERVICE To compare allocated costs of service and revenues under present rates, a test year is chosen that is considered to be typical of system operations. The test year for our cost of service analyses for CGS is 2015. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 5 For analysis purposes, the test year costs of service (revenue requirements) are expressed in terms of operating expenses, depreciation, non‐operating expenses, transfers, and return. Other operating revenues and revenues from negotiated rates are credited to cost of service. We allocate test year costs of service to the various customer classes of CGS on the basis of the units of service rendered. We then compare allocated costs of service with revenues under existing rates to determine the return on allocated net plant for each customer class. The results of the cost of service study should be viewed in the context of the relative return being earned by CGS from these customer classes. Our results indicate that under existing rates, the residential classes are providing little or no return and the commercial classes are providing above average rates or return. 1.7 SUGGESTED RATE ADJUSTMENTS Based on the results shown in Table 1‐1, CGS’ existing rates are more than adequate to meet its operating needs over the forecast period. Therefore, we recommend that CGS reduce the rate for its commercial classes of customers by approximately $1.2 million, based on the results of our cost of service study and competitive considerations. In addition to the rate reduction to the commercial customers, we recommend a revenue neutral rate change to the residential classes with an increase to the Residential Single Family customer charge and an offsetting decrease to the distribution charge for the residential class. We also recommend resetting the UIA by including the current (FY 2014) non‐weather portion of the UIA in base rates and updating the usage and inflation bases to current levels. A summary of our recommendations follows: 1. Roll the non‐weather portion of the UIA rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index to current levels. For the residential classes, the non‐weather portion of the UIA rate is $0.07 per therm. Therefore the distribution charges should be increased for Residential customers (RS, SFD, MFD, and LFD) from $0.48 to $0.55 per therm, for Small Commercial customers (SFC and SGS) from $0.46 to $0.52 per therm, for Medium Commercial customers (MCF and MGS) from $0.40 to $0.46 per therm, for Large Commercial customers (LFC and LGS) from $0.34 to $0.40 per therm, and the UIA should be reset to $0.00 per therm. The normal use per customer bases should be changed to 197 therms for the residential class and 6,203 therms for the commercial classes (includes contract customers). The CPI‐U is estimated to be 239.702 for September 2014 and this level of CPI‐U should be used as the basis for future UIA calculations. 2. Decrease the commercial class revenues by approximately $1.2 million by reducing distribution rates (after application of the UIA increase) for Small Commercial customers (SFC and SGS) from $0.52 to $0.42 per therm, for Medium Commercial customers (MCF and MGS) from $0.46 to $0.38 per therm, for Large Commercial customers (LFC and LGS) from $0.40 to $0.34 per therm, and for Standard Interruptible customers (IS) from $0.28 to $0.24 per therm. 3. Increase the Residential Single‐Family customer charge from $10.00 to $12.00 per month (excluding the Pasco County fuel surcharge). This is in line with the residential customer charges in effect at other natural gas utilities in CGS’ geographic area. At the same time, the residential class distribution charge (after application of the UIA increase) should be reduced from $0.55 to $0.44 per therm. The net effect of these changes to residential rate revenue is negligible as the increase in customer charge revenues is offset by the decrease in distribution charge revenues. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 6 4. Regularly monitor the rates charged by competitors for propane. Our projections are based on service to propane customers essentially breaking even. Charges for propane service should be increased to the extent possible when competitive factors are considered and to encourage the load levels that CGS desires. 5. Regularly monitor service charge rates and consider adopting a new pricing structure that establishes a per trip charge, which includes the first hour of labor, plus quarter hourly rates for additional time on‐site beyond one hour. Table 1‐2 shows the impact of the proposed rate changes beginning in FY 2015. Beyond the timeline captured in our study, it is suggested that CGS review anticipated cash flow and rates levels to confirm that adequate funding is maintained for its ongoing operating and capital investment needs. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 7 Table 1‐2 Historical and Projected Revenues & Revenue Requirements under Proposed Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco ‐ ‐ ‐ ‐ 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,129,400 2,684,600 2,233,400 2,279,300 2,288,400 1,918,800 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,784,000 18,066,900 17,672,900 17,780,400 17,855,700 17,558,100 8Non‐Fuel Sales Revenue ‐ Pasco 1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 1,968,000 2,008,700 2,053,400 2,102,500 2,156,700 9Non‐Fuel Sales Revenue ‐ Pinellas 9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 9,395,500 9,424,800 9,454,300 9,484,100 9,514,300 10Usage & Inflation Adjustment Revenue (0) 401,601 878,193 1,012,552 1,048,900 ‐ 212,300 432,900 662,300 901,600 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection ‐ ‐ ‐ ‐ 110,600 139,500 116,000 118,400 118,900 99,700 13Regulatory Imposition Adjustment Revenue 223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,417,400 14,500,100 14,773,900 15,087,000 15,412,600 15,735,200 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,201,400 32,567,000 32,446,800 32,867,400 33,268,300 33,293,300 16Other Revenue 17LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 182,200 244,600 227,000 228,800 229,200 214,800 18Service Charges and Fees 1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax 2,009,096 1,936,983 1,836,555 1,907,026 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,267,100 4,379,800 4,424,400 4,511,200 4,597,700 4,657,600 21Total Operating Revenue 35,098,888 34,883,946 34,916,824 36,253,655 37,468,500 36,946,800 36,871,200 37,378,600 37,866,000 37,950,900 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related ‐ ‐ ‐ ‐ 1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26ECA/RIA Recovery 1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes 2,075,417 1,999,438 1,894,789 1,968,107 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,183,100 26,178,300 26,479,600 26,814,100 28,160,300 28,507,000 29Operating Income 7,863,657 10,347,726 11,275,471 10,345,169 11,285,400 10,768,500 10,391,600 10,564,500 9,705,700 9,443,900 30Depreciation Expense (1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer 5,951,035 8,768,178 9,546,854 8,519,423 9,770,700 9,133,800 8,636,900 8,689,800 7,711,000 7,329,200 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges (815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs (27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue 331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer 6,282,474 8,778,393 9,543,372 8,282,209 9,738,300 9,287,400 8,820,700 8,904,100 7,955,900 7,590,500 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,765,400) (3,486,500) (2,900,500) (2,960,100) (2,972,000) (2,492,000) 42Net Income 2,068,602 6,988,184 6,443,295 5,530,791 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System 2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,625,800 2,484,600 2,708,900 2,847,700 2,357,600 2,582,200 60Cumulative Cash Flow 30,993,800 34,619,600 37,104,200 39,813,100 42,660,800 45,018,400 47,600,600 61 Margin on Sales 17,546,800 17,184,700 17,007,300 17,366,300 17,701,000 17,654,000 62 Net Cash Flow as % of Margin 20.7%14.5%15.9%16.4%13.3%14.6% (1) LP revenue less cost of propane less propane O&M Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Executive Summary 8 Table 1‐3 compares typical bills under CGS’ recommended rates with Duke Energy for a residential customer. As shown in Table 1‐3, CGS holds a competitive advantage to Duke Energy for standalone applications of space heating, hot water, and cooking. Table 1‐3 Comparison of Residential Bills with Recommended Rates to Duke Energy Line Description CGS(1)Duke Energy Difference $Percent $/Therm$/kWh 1Total Rate 1.700.13702 2Estimated Energy Consumption ThermskWh 3 Heating(2)150 2,250 4Hot Water170 5,000 5Cooking45 2,000 6Annual Cost 7Heating255.00$ 308.30$ (53.30)$ ‐17.3% 8Hot Water289.00 685.10 (396.10) ‐57.8% 9Cooking76.50 274.04 (197.54) ‐72.08% 10Total620.50$ 1,267.44$ (646.94)$ ‐51.0% (1) Total volumetric rate as of 2nd Quarter 2014 (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace Note: 1 MMBtu equals 293 kWh at 100 percent efficiency. Duke Energy rates are for 1,000 kWh and above. Duke Energy rates source: https://www.duke‐energy.com/rates/progress‐energy‐florida.asp Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 9 2 Revenues and Revenue Requirements CGS provides service to residential, commercial, and industrial customers in Pinellas and Pasco Counties. 2.1 PROJECTION OF NUMBER OF NATURAL GAS CUSTOMERS, THROUGHPUT, AND SALES REVENUES Table 2‐1 summarizes historical and projected average number of customers, throughput, and revenues under existing rates for each natural gas rate schedule. Over the 2009‐2013 period, the number of natural gas customers served by CGS has increased by 775 customers, or approximately 1.1 percent per year, from 17,389 in 2009 to 18,164 in 2013. The increase in customers is largely attributable to the addition of residential customers. For the period 2009‐2012, throughput (sales) averaged 21,443,452 therms, and increased to 23,437,404 therms in 2013 due to the addition of two new contract customers. Based upon recent history, we project that number of customers and throughput will increase slightly during the projected period. Our forecast includes an additional 224 Small Residential Multi‐Family customers that were served by master meters but will become CGS accounts due to CGS’ master meter conversion program. There is no additional throughput associated with these converted customers. Our projection of numbers of customers and throughput are conservative based on our discussion with management regarding marketing efforts and existing local and statewide economic conditions. We project number of natural gas customers and weather normalized throughput to increase slightly by 2019 to 20,002 and 24,416,706 therms, respectively. Throughout the projection period, we assume that use per customer (therms per customer) is constant at the level experienced by CGS over the recent historical period. CGS experienced a significant decline in Residential use per customer in the 1990s. However, as shown in Figure 2‐1, Residential use per customer has leveled off over the last ten years. Weather normalized Residential Single‐Family use per customer has declined from 204 therms per year in FY 2009 (as of our last report) to 197 therms per year in our forecast for FY 2015. It should be noted that weather conditions during FY 2010 were significantly colder than normal and FY 2012 and FY 2013 were significantly warmer than normal as measured by heating degree‐ days. FY 2010 was approximately 81 percent colder than normal, FY 2012 was approximately 58 percent warmer than normal, and FY 2013 was approximately 19 percent warmer than normal. The weather normalized average use per Residential Single‐Family customer reflected in the projected period is 197 therms per year. The baseline FY 2015 use per Commercial2 customer is 6,203 therms per year. The decline experienced in Clearwater is consistent with trends we have seen throughout the country as older less efficient equipment (water heaters and furnaces, primarily) are being replaced with more efficient equipment. This decline appears to be primarily contained to the Residential customer classes. 2 CGS rate schedules SFC, MFC, LFC, SGS, MGS, LGS, NGV, NSS, and firm Contracts. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 10 Figure 2‐1 Residential Single‐Family Use per Customer The class throughput forecasts are based on the product of the number of customers and the use per customer forecasts. For customer classes whose usage is weather dependent (residential and commercial), the use per customer forecasts are based on regression analyses of use per customer versus heating degree‐days and time to take into account changes in usage characteristics over time. Normal (weather normalized) use per customer is then forecast using the regression coefficients and normal heating degree‐days. We base our forecast on annual heating degree‐days of 497 which is the average experienced in Clearwater over the last 10 years. Our forecast is based on the assumption of a constant use per customer; however any future decline in normal use per customer from energy conservation will be captured in the UIA. For customer classes whose usage is not weather dependent (interruptible and industrial), the primary consideration is the historical trend in use per customer. We project operating revenues under existing rates to increase to $40 million during the projection period, which is consistent with our underlying assumption regarding number of customers and inflation adjustment. Under existing and recommended rates, we assume the cost of gas to be $0.65 per therm except for contract and interruptible customers. Adequacy of the existing rates is tested by comparing revenues under existing rates with revenue requirements. To help test the reasonableness of individual rate schedules, revenue requirements are allocated to cost functions and to customer classes. The resulting allocated cost can be used as a measure of the reasonableness of recommended rate levels. 197 150 160 170 180 190 200 210 220 230 2006200720082009201020112012201320142015 Th e r m s Annual (fiscal year) use per Residential Single‐Family customer Historical Actual Usage* (*2014 is 6 months actual and 6 months forecast) Weather Normalized Forecast Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re v e n u e s an d Re v e n u e Re q u i r e m e n t s 11 Ta b l e 2‐1 Hi s t o r i c a l an d Pr o j e c t e d Cu s t o m e r , Sa l e s , an d Re v e n u e s Hi s t o r i c a l an d Pr o j e c t e d Av e r a g e Nu m b e r of Ga s Cu s t o m e r s Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l 20 0 9 15 , 1 8 8 57 4 2 10 9 7 ‐ 1, 5 0 5 96 4 ‐ 20 1 1 4 2 ‐ 20 1 0 15 , 3 3 4 56 4 2 10 5 7 ‐ 1, 6 1 7 11 2 5 ‐ 21 ‐ 0 3 1 ‐ 20 1 1 15 , 5 0 8 55 4 2 10 3 7 ‐ 1, 6 6 2 10 7 3 ‐ 25 ‐ ‐ 2 1 ‐ 20 1 2 15 , 7 0 3 53 4 2 10 3 6 ‐ 1, 7 4 7 11 3 4 2 27 ‐ ‐ ‐ 1 ‐ 20 1 3 15 , 8 9 6 53 4 2 10 2 6 ‐ 1, 7 5 6 11 3 4 2 31 ‐ ‐ 0 1 ‐ Pr o j e c t e d 20 1 4 16 , 1 2 4 27 7 3 2 10 2 6 ‐ 1, 7 6 4 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 5 16 , 3 6 4 27 7 3 2 10 2 6 ‐ 1, 7 6 7 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 6 16 , 6 1 8 27 7 3 2 10 2 6 ‐ 1, 7 7 0 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 7 16 , 8 8 7 27 7 3 2 10 2 6 ‐ 1, 7 7 3 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 8 17 , 1 7 3 27 7 3 2 10 2 6 ‐ 1, 7 7 6 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ 20 1 9 17 , 4 7 9 27 7 3 2 10 2 6 ‐ 1, 7 7 9 11 7 4 2 33 ‐ ‐ ‐ 1 ‐ Hi s t o r i c a l an d Pr o j e c t e d Th r o u g h p u t (T h e r m s ) Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l 20 0 9 3 , 1 0 6 , 6 4 3 81 , 4 5 7 15 0 , 8 0 4 11 5 , 0 6 0 29 1 , 4 6 6 81 , 2 7 6 ‐ 5, 4 9 7 , 6 9 5 2, 1 1 8 , 0 5 3 38 7 , 6 9 6 ‐ 2, 4 1 0 5, 2 3 9 970 544 1,167 ‐ 20 1 0 3 , 4 3 5 , 1 0 1 77 , 8 7 0 15 7 , 1 2 8 13 1 , 5 7 5 29 8 , 4 1 8 98 , 9 8 2 ‐ 6, 3 1 6 , 6 0 4 2, 5 5 5 , 4 4 9 47 5 , 0 5 2 ‐ 6, 8 3 0 ‐ 382 782 ‐ ‐ 20 1 1 3 , 1 9 7 , 0 5 1 74 , 5 1 3 14 8 , 5 1 9 11 8 , 4 0 7 23 9 , 8 1 0 91 , 7 7 3 ‐ 6, 4 0 3 , 5 6 5 2, 6 1 7 , 3 8 1 36 1 , 0 1 1 ‐ 4, 9 8 7 ‐ ‐ 710 ‐ ‐ 20 1 2 2 , 7 1 8 , 7 0 9 66 , 3 4 5 11 5 , 4 1 0 98 , 1 1 6 23 8 , 3 9 2 79 , 3 8 8 ‐ 6, 9 7 4 , 4 0 3 2, 7 5 0 , 8 7 1 56 7 , 0 4 5 46 , 9 7 0 5, 3 0 3 ‐ ‐ ‐ ‐ ‐ 20 1 3 2 , 9 5 9 , 0 2 0 67 , 2 2 9 10 2 , 8 7 4 94 , 3 7 4 22 7 , 8 9 3 78 , 9 5 1 ‐ 7, 2 8 2 , 7 3 0 2, 9 8 6 , 5 7 2 55 7 , 9 1 3 16 4 , 9 3 1 5, 4 2 1 ‐ ‐ ‐ ‐ ‐ Pr o j e c t e d 20 1 4 3 , 0 5 0 , 3 5 6 75 , 5 9 9 97 , 4 6 6 10 1 , 2 9 7 25 9 , 3 1 6 82 , 1 8 4 ‐ 7, 2 8 4 , 2 9 7 3, 0 8 0 , 7 0 7 59 3 , 4 1 1 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 5 3 , 2 2 3 , 5 3 2 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 4 9 , 1 1 4 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 6 3 , 2 8 2 , 9 3 5 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 6 4 , 5 3 2 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 7 3 , 3 4 6 , 7 5 0 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 7 9 , 9 5 1 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 8 3 , 4 1 5 , 6 7 5 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 4 9 5 , 3 6 9 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ 20 1 9 3 , 4 9 0 , 5 0 8 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 24 4 , 1 5 4 83 , 4 0 9 ‐ 7, 5 1 0 , 7 8 7 3, 1 1 9 , 0 0 3 61 6 , 2 6 8 24 7 , 1 5 5 5, 9 0 4 ‐ ‐ ‐ ‐ ‐ Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l 20 0 9 6 , 8 7 6 , 4 8 7 15 0 , 1 0 1 24 8 , 1 8 8 19 3 , 0 7 2 50 6 , 4 3 0 12 9 , 3 4 9 ‐ 8, 9 8 3 , 0 6 4 3, 2 0 3 , 1 7 0 56 2 , 8 6 8 ‐ 15 , 6 1 9 6, 9 7 9 1,592 1,084 2,351 ‐ 20 1 0 6 , 8 3 9 , 6 9 6 12 9 , 6 4 1 22 9 , 6 3 0 19 1 , 9 7 4 45 9 , 4 8 6 13 8 , 6 3 9 ‐ 9, 4 7 6 , 3 4 7 3, 5 3 0 , 2 7 9 62 6 , 0 8 8 ‐ 21 , 5 3 2 ‐ 553 1,201 448 ‐ 20 1 1 6 , 6 7 0 , 6 7 7 12 7 , 4 8 9 22 2 , 7 9 7 17 8 , 7 3 0 39 0 , 1 1 0 13 4 , 5 0 6 ‐ 9, 9 8 8 , 3 3 7 3, 7 7 1 , 0 6 2 49 3 , 7 8 8 ‐ 21 , 4 6 2 ‐ ‐ 975 300 ‐ 20 1 2 6 , 0 3 8 , 3 3 6 11 5 , 7 0 2 17 6 , 2 0 0 15 0 , 7 8 0 39 3 , 3 9 2 11 8 , 0 4 5 ‐ 10 , 9 8 7 , 2 9 7 4, 0 0 9 , 1 3 0 79 0 , 6 8 3 45 , 9 2 3 23 , 1 7 2 ‐ ‐ ‐ 300 ‐ 20 1 3 6 , 5 9 9 , 3 7 6 12 1 , 8 0 9 16 4 , 4 0 8 15 0 , 8 3 0 36 4 , 9 2 6 11 4 , 3 7 2 ‐ 11 , 3 2 9 , 6 3 9 4, 3 2 1 , 5 8 4 76 7 , 4 0 3 16 1 , 6 3 2 24 , 8 0 3 ‐ ‐ ‐ 300 ‐ Pr o j e c t e d 20 1 4 5 , 8 3 5 , 9 0 0 17 8 , 8 0 0 11 1 , 8 0 0 11 7 , 0 0 0 31 9 , 0 0 0 89 , 4 0 0 ‐ 8, 7 6 4 , 4 0 0 3, 2 7 1 , 6 0 0 59 3 , 3 0 0 21 8 , 5 0 0 26 , 5 0 0 ‐ ‐ ‐ 300 ‐ 20 1 5 (1) 5, 8 9 8 , 7 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 4 9 , 3 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 6 6 , 0 0 9 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 6 8 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 7 6 , 1 2 8 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 8 7 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 8 6 , 2 5 6 , 6 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 0 6 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 9 6 , 3 9 6 , 5 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 2 5 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 1 5 ba s e l i n e us a g e an d CP I ‐U Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re v e n u e s an d Re v e n u e Re q u i r e m e n t s 12 Ta b l e 2‐1 (C o n t i n u e d ) Hi s t o r i c a l an d Pr o j e c t e d Cu s t o m e r , Sa l e s , an d Re v e n u e s Hi s t o r i c a l an d Pr o j e c t e d Av e r a g e Nu m b e r of Ga s Cu s t o m e r s Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l 20 0 9 32 7 44 4 2 1 1 1 2 1 1 1 3 1 17,389 20 1 0 19 4 25 3 ‐ 2 1 1 1 1 1 2 1 3 1 ‐ ‐ 17,504 20 1 1 17 1 25 3 1 2 1 1 1 1 1 2 1 3 1 ‐ ‐ 17,693 20 1 2 11 6 30 3 1 2 1 1 1 1 1 2 1 3 1 ‐ ‐ 17,929 20 1 3 14 4 30 3 1 1 1 1 1 1 1 2 1 3 1 1 2 18,164 Pr o j e c t e d 20 1 4 15 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 18,632 20 1 5 15 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 18,875 20 1 6 15 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 19,132 20 1 7 15 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 19,404 20 1 8 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 19,693 20 1 9 1 5 1 27 3 1 ‐ 1 1 1 1 1 2 1 3 1 1 2 20,002 Hi s t o r i c a l an d Pr o j e c t e d Thr o u g h p u t (T h e r m s ) Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l 20 0 9 2 , 5 2 1 , 2 5 6 1, 0 3 5 , 0 6 6 51 8 , 5 8 8 48 1 , 9 9 8 18 4 , 0 8 3 24 3 , 8 6 6 94 0 , 0 2 2 17 1 , 7 1 0 62 8 , 3 7 9 16 7 , 8 1 5 21 5 , 5 6 6 2, 0 2 9 , 4 2 4 523,376 21,501,627 20 1 0 1 , 6 9 7 , 9 9 8 67 9 , 0 1 3 53 2 , 5 4 7 ‐ 45 2 , 3 7 5 29 0 , 8 2 8 25 4 , 6 8 7 57 7 , 8 9 6 16 7 , 5 8 2 61 7 , 8 1 3 17 4 , 5 8 3 21 6 , 5 9 1 2, 0 0 3 , 8 6 6 414,539 ‐ ‐ 21,634,492 20 1 1 1 , 5 0 3 , 9 8 4 77 7 , 8 9 3 50 8 , 1 3 6 59 , 7 3 8 38 7 , 7 0 8 33 5 , 2 0 4 27 1 , 1 5 4 58 7 , 5 0 0 16 2 , 2 4 0 65 5 , 3 0 6 18 5 , 7 4 6 21 9 , 5 8 1 1, 8 6 2 , 0 5 1 564,213 ‐ ‐ 21,338,180 20 1 2 8 8 3 , 9 1 8 74 4 , 4 0 3 64 7 , 1 0 7 26 , 1 1 6 32 1 , 6 4 3 32 2 , 2 8 6 28 0 , 6 2 5 65 9 ,4 2 4 17 6 , 9 5 7 70 7 , 2 2 3 19 2 , 7 3 3 25 1 , 3 6 5 1, 8 2 8 , 5 5 1 596,208 ‐ ‐ 21,299,510 20 1 3 8 4 9 , 6 4 8 78 5 , 5 2 2 36 0 , 4 2 1 11 8 , 0 0 7 85 , 4 2 8 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 1 2 , 4 2 5 531,278 476,089 861,233 23,437,404 Pr o j e c t e d 20 1 4 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 23,725,833 20 1 5 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,088,056 20 1 6 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,162,878 20 1 7 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8, 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,242,111 20 1 8 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,326,454 20 1 9 8 9 7 , 7 6 5 70 3 , 9 8 0 36 0 , 4 2 1 11 8 , 0 0 7 ‐ 35 8 , 6 7 4 30 0 , 0 9 9 69 3 , 1 0 9 16 8 , 5 9 6 80 7 , 0 9 2 20 5 , 8 1 1 29 6 , 0 6 6 2, 0 6 9 , 9 2 2 531,278 476,089 861,233 24,416,706 Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex is t i n g Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l 20 0 9 3 , 7 7 9 , 6 1 2 1, 4 6 3 , 5 5 3 71 8 , 4 6 9 ‐ 60 1 , 6 9 6 14 7 , 5 9 5 22 3 , 7 1 8 72 5 , 6 1 7 13 3 , 4 2 6 43 7 , 5 0 0 21 0 , 4 5 1 21 7 , 2 6 0 1, 8 0 1 , 0 2 5 566,896 ‐ ‐ 31,907,175 20 1 0 2 , 2 7 1 , 9 4 8 87 6 , 7 2 1 65 1 , 9 8 7 ‐ 48 2 , 9 0 4 27 3 , 2 5 0 26 3 , 9 2 1 53 6 , 8 8 7 12 9 , 1 0 9 42 7 , 3 2 7 17 9 , 2 4 9 21 2 , 1 5 1 1, 8 1 2 , 5 0 8 385,492 ‐ ‐ 30,148,969 20 1 1 1 , 8 9 6 , 0 2 7 97 4 , 7 9 9 57 4 , 6 4 0 65 , 1 2 7 41 2 , 0 0 2 31 1 , 6 9 8 27 9 , 3 3 9 54 0 , 3 0 7 12 3 , 1 2 4 44 9 , 4 7 7 18 9 , 8 8 8 22 0 , 3 8 5 1, 6 8 4 , 8 4 6 561,571 ‐ ‐ 30,283,467 20 1 2 1 , 0 9 3 , 2 9 9 90 9 , 7 3 7 70 2 , 9 2 7 23 , 8 9 3 33 3 , 2 9 0 29 0 , 5 3 3 28 2 , 8 0 5 59 0 , 1 4 1 10 9 , 8 0 1 38 7 , 0 0 6 19 6 , 8 0 5 25 1 , 8 5 2 1, 6 5 4 , 6 9 6 567,035 ‐ ‐ 30,242,782 20 1 3 1 , 0 1 3 , 5 0 7 91 1 , 4 3 1 36 7 , 7 7 4 10 0 , 8 2 0 81 , 5 8 0 29 0 , 5 5 5 27 8 , 0 2 5 55 8 , 7 3 6 10 8 , 5 6 8 46 0 , 1 8 4 20 1 , 5 4 2 28 3 , 8 5 7 1, 8 2 0 , 1 8 2 342,235 324,869 739,442 32,004,391 Pr o j e c t e d 20 1 4 1 , 0 3 3 , 7 0 0 77 9 , 6 0 0 37 1 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,987,600 20 1 5 (1) 1, 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,956,200 20 1 6 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,085,500 20 1 7 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,223,500 20 1 8 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 ,6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,370,900 20 1 9 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,529,800 (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 15 ba s e l i n e us a g e an d CP I ‐U Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 13 2.2 REVENUE AND REVENUE REQUIREMENTS Revenues of CGS consist of operating and non‐operating revenues. Revenue requirements of CGS consist of operating expenses, debt service requirements, transfers to the City, and financing of capital improvements. Revenues in excess of revenue requirements represent net revenues available to CGS to make contributions to the general operating fund of the City and to provide a reserve for CGS contingencies. An analysis of future revenue requirements of CGS is presented in Table 2‐2. The use of a future period is used to determine the adequacy of existing natural gas rates to meet the operating expenses, transfers, depreciation expense, and non‐operating expenses. Also, the adequacy of net cash is tested to determine whether sufficient cash is generated to fund capital improvements internally. We show historical data from the years 2010 through 2013, we show actual/budgeted data for 2014, and we project future revenue requirements for the five‐year period 2015 through 2019. Historical information is based on financial statements and information provided to us by CGS. Projections for the forecast period reflect current inflationary trends and short and long‐range capital improvement program for CGS, as provided by CGS staff. 2.3 REVENUES CGS’ operating revenues are shown in Table 2‐23, Lines 1 through 21. Operating revenues are directly affected by the level of rate charges and gas costs, which are passed through directly to CGS’ customers. Operating revenues consist principally of revenues from the distribution of gas utility service to CGS customers. On a monthly basis, CGS changes rates to reflect increases and decreases in the cost of gas that CGS purchases for its sales service customers. During the projection period, ECA and RIA revenues are assumed to be equal to the corresponding costs applicable to these riders in each year. UIA revenues increase each year based on an estimated September 2014 Consumer Price Index of 239.702 and an assumed annual increase in the Consumer Price Index of 3 percent. Other revenues, shown on Lines 16 through 20, include revenues associated with LP sales revenue credit, gas service charges, appliance sales, installation charges, materials charges, inspection fees, late payment fees, franchise fees, and gross receipts tax collection. We assume during the projected period that revenues collected for franchise fees and gross receipts taxes are equal to the expenses incurred. 3 Note that projected Total Gas Sales Revenue shown on line 15 of Table 2‐2 reconciles to the Total Revenue column on Table 2‐1 by excluding the following Table 2‐2 items: a. Line 6, Fuel Related Dividend Collection b. Line 10, Usage & Inflation Adjustment Revenue c. Line 11, Energy Conservation Adjustment Revenue d. Line 12, ECA Related Dividend Collection e. Line 13, Environmental Imposition Adjustment Revenue Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 14 Table 2‐2 Historical and Projected Revenues & Revenue Requirements under Existing Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco 3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas 16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,036,700 2,692,000 2,698,800 2,727,300 2,757,800 2,407,300 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,691,300 18,074,300 18,138,300 18,228,400 18,325,100 18,046,600 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 2,133,900 2,177,100 2,224,400 2,276,300 2,333,400 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 10,440,000 10,468,900 10,498,000 10,527,300 10,557,100 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 260,000 530,300 811,700 1,104,900 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection 105,800 139,800 140,200 141,700 143,300 125,100 13Regulatory Imposition Adjustment Revenue223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,412,600 15,710,800 16,058,300 16,422,400 16,803,400 17,183,400 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,103,900 33,785,100 34,196,600 34,650,800 35,128,500 35,230,000 16Other Revenue 17 LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 178,600 244,900 245,100 246,300 247,400 233,800 18Service Charges and Fees1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax 2,009,096 1,936,983 1,836,555 1,907,026 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,259,500 4,426,100 4,509,500 4,596,700 4,686,900 4,749,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,363,400 38,211,200 38,706,100 39,247,500 39,815,400 39,979,600 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26Other ECA/RIA Recovery 1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes 2,075,417 1,999,438 1,894,789 1,968,107 1,972,000 2,009,000 2,027,000 2,046,000 2,066,000 2,071,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,179,100 26,224,300 26,546,600 26,882,100 28,231,300 28,580,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,184,300 11,986,900 12,159,500 12,365,400 11,584,100 11,399,600 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,669,600 10,352,200 10,404,800 10,490,700 9,589,400 9,284,900 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue 843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges (815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs (27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue 331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer6,282,474 8,778,393 9,543,372 8,282,209 9,637,200 10,505,800 10,588,600 10,705,000 9,834,300 9,546,200 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,645,082) (3,496,100) (3,504,900) (3,541,900) (3,581,600) (3,126,400) 42Net Income 2,068,602 6,988,184 6,443,295 5,530,791 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System 2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,992,118 7,009,700 7,083,700 7,163,100 6,252,700 6,419,800 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,645,018 3,693,400 3,872,400 4,066,800 3,626,400 3,903,500 60Cumulative Cash Flow 30,993,800 34,638,818 38,332,218 42,204,618 46,271,418 49,897,818 53,801,318 61 Margin on Sales 17,449,300 18,402,800 18,757,100 19,149,700 19,561,200 19,590,700 62 Net Cash Flow as % of Margin 20.9%20.1%20.6%21.2%18.5%19.9% (1) LP revenue less cost of propane less propane O&M Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 15 2.4 REVENUE REQUIREMENTS 2.4.1 Operating Expenses Operating expenses include purchased gas expense, operation and maintenance expense, administrative and general expense, and other expenses. Projections of future operating expense are based on analyses of historical trends in operating data, with consideration of both current and anticipated future operating conditions and inflationary impacts. Total operating expenses (Table 2‐2, Line 28) have fluctuated over the past four years from a low of $23.6 million in 2012 to a high of $27.2 million in 2010. The largest O&M expense is the cost of purchased gas. Purchased gas expenses also fluctuated from a low of $13.7million in 2012 to a high of $16.7 million in 2010 (Line 23). Purchased gas expenses fluctuate due to changes in the market price of natural gas and weather conditions (which impact the quantity of natural gas purchased). CGS passes along changes in natural gas costs to its retail customers on a monthly basis through a purchased gas adjustment (PGA). Operation and maintenance (O&M) and administrative and general (A&G) expense are shown in aggregate on Line 24 of Table 2‐2. These expenses include salaries and employee benefits, materials and supplies, repairs and maintenance, contractual services, and office and utility expenses. O&M and A&G expenses have increased significantly over the past three years. Part of this increase was driven by overtime associated with large projects such as the antiquated mains program and master meter conversions. We forecast in Line 25 the portion of future O&M expense associated with these programs that are considered regulatory impositions and therefore are recovered in the RIA revenue. The RIA is the Regulatory Imposition Adjustment and is intended to recover the cost of programs imposed on CGS by federal, state, or local regulatory agencies. We project the balance of O&M and A&G expenses to increase 3 percent annually, growing from $7.7 million in 2015 to $8.7 million by 2019. Much of this increase is attributable to the continued increases in salaries and benefits. Other ECA/RIA recovery shown in Line 26 is the balance of expenses that are recovered through the ECA and RIA riders in CGS’ tariff that are not related to the large projects shown in Line 25 or in Plant Extension and Replacements shown in Lines 51 and 52. The ECA is the Energy Conservation Adjustment and is intended to recover costs associated with energy conservation programs. Taxes shown on Line 27 consist of franchise and gross receipts taxes. Non‐operating revenues/expenses include interest income, interest expenses and fiscal charges, amortization of bond discount and issue costs, gain on exchange of assets, and other non‐operating revenues. These revenues and expenses are shown on Table 2‐2, Lines 32 through 39. Interest earnings, amortization of debt issuance costs and other operating revenues are forecast to remain flat during the forecast period. Interest expenses are forecasted to decline through the period consistent with CGS paying down debt during the period. 2.4.2 Transfers to the City CGS’ payment to the City has ranged from $1.8 million to $4.2 million during the historical period (Line 41). Based on our discussion with CGS management, we have forecast CGS’ annual payment to the City to equal the greater of one‐half of the previous year’s net income or $1.7 million during the Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 16 forecast period. If the transfer should exceed this amount, a base rate increase may be necessary to provide adequate cash flow for CGS. Such an increase could negatively impact CGS’ competitiveness. 2.4.3 Depreciation Depreciation is also classified as an operating expense and hence a revenue requirement. This concept follows generally accepted accounting practices. Since depreciation represents a non‐cash item, it does not create a cash requirement. Depreciation is the method by which the cost of capital investment is charged to operations over the life of the property. We forecast the annual depreciation expense (Line 30) for CGS to increase from $1.6 million in 2015 to $2.1 million in 2019. The increase in depreciation expense is based on the assumption that CGS will invest in its system the capital amounts shown on Line 50 through Line 52 of Table 2‐2. 2.4.4 Debt Service Debt service includes interest and principal payments on revenue bonds issued by CGS. CGS currently has four outstanding bond series. The first is related to the issuance of bonds in 2005 to be paid off in fiscal year 2014. The second is related to the issuance of bonds in 2007 to be paid off in fiscal year 2017. The third is related to the issuance of bonds in 2013 to be paid off in fiscal year 2026. The fourth is related to the issuance of bonds in 2014 to be paid off in fiscal year 2027. The principal payments associated with these debt issues are shown on Lines 45 through 48 on Table 2‐2. Principal payments are projected to be approximately $1 million annually for 2015 through 2017 and drop to approximately $650,000 for the remainder of the forecast period. The interest payments and amortization of debt issuance costs are shown on Lines 35 and 36. 2.4.5 Plant Extensions and Replacements Plant extensions and replacements include normal annual additions and replacements and the portion of major capital improvements financed from current revenues. Normal additions consist primarily of additions to distribution and general plant facilities. Plant extensions and replacements for CGS for the 2015 through 2019 period are shown on Lines 50 through 52 of Table 2‐2. We show the portion of system plant extensions and replacements separate from those associated with RIA and ECA recovery. Using the capital improvement plan provided by CGS, we project capital expenditures of $4 million annually will be financed through revenues during the 2015‐2019 period. We summarize projected capital improvements for CGS in the table below. As discussed more fully below, CGS is generating sufficient cash flow to fund these levels of capital improvements from internal sources without issuing debt. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Revenues and Revenue Requirements 17 PROJECT CAPITAL EXPENDITURES FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 TOTAL $$$$$ $ Environmental Remediation 100,000 100,000 100,000 100,000 100,000 500,000 Line Relocation Pinellas ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Gas Meter Change out ‐ Pinellas 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pinellas ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Maintenance 50,000 50,000 50,000 50,000 50,000 250,000 Pinellas New Mains & Service Lines 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 Pasco New Mains & Service Lines 500,000 500,000 500,000 500,000 500,000 2,500,000 Gas Meter Change Out ‐ Pasco 50,000 50,000 50,000 50,000 50,000 250,000 Line Relocation Pasco ‐ Capitalized 50,000 50,000 50,000 50,000 50,000 250,000 Building Renovation 200,000 200,000 200,000 200,000 200,000 1,000,000 Expanded Energy Conservation 500,000 500,000 500,000 500,000 500,000 2,500,000 Natural Gas Vehicle 300,000 300,000 300,000 300,000 300,000 1,500,000 Future IMS Software and Hardware 100,000 100,000 100,000 100,000 100,000 500,000 Total New Capital 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 20,000,000 2.4.6 Net Cash Flow As shown on Line 59 of Table 2‐2, we project CGS’ annual cash flow under existing rates will grow from $3.7 million to $3.9 million during the forecast period. On Line 60 of Table 2‐2 we show CGS’ cumulative cash flow totaling approximately $53.8 million by 2019 under existing rates. Based on this analysis, CGS’ existing rates are more than adequate to meet its capital expenditures over the forecast period. 2.5 PROPOSED RATE ADJUSTMENT Based on our projections, we recommend an overall decrease in base rates during the forecast period. We recommend that CGS reduce the rate for its commercial class of customers by approximately $1.2 million, based on the results of our cost of service study and competitive considerations. Our projections are contingent upon CGS maintaining load levels (customers and throughput) at the levels projected and that costs (including payments to the City) do not increase significantly above the levels projected. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 18 3 Cost of Service 3.1 COST OF SERVICE Allocation of cost of service to customer classes provides a measure of the responsibility of each customer class for the total cost of utility service provided by CGS. Comparison of these costs with rate revenues under existing rates provides a guide for the development of fair and equitable rates. The allocation of cost of service is based upon conditions estimated for a test year that reflects typical operations of the natural gas system. The cost of service to be recovered from natural gas sales is set to equal to 2015 test year sales operating revenues of $31,395,600 for the non‐market based rate classes. We have excluded the gas costs associated with the market based rate classes and have recognized the margin associated with these customers as a credit to revenue in our cost of service study. In order to allocate costs of service to customer classifications, test year revenue requirements are separated between operating expense, depreciation expense, non‐operating expense, transfers, and return. The costs related to these elements for the test year are as follows: 2015 TEST YEAR COST OF SERVICE Operating Expense4 $22,527,100 Depreciation Expense $1,634,700 Non‐operating Expense (Revenue)($153,600) Transfers $3,486,500 Return5 $3,900,900 Total Cost of Service $31,395,600 Operating expenses include operation and maintenance, purchased gas, administrative and general, and bad debt. Depreciation expense is the allocation of an asset’s cost over the useful life of the asset. Transfers are the amount of operating income that is transferred to the City of Clearwater. The balance of annual revenues after operating expenses, depreciation expense allowances, non‐ operating expenses, and transfers is the return. This balance plus depreciation is the total amount of cash flow available. 4 Operating Expenses for test year cost of service excludes the cost of gas associated with interruptible, vehicle, air conditioning, lighting, and standby rates which are credited to cost of service. 5 The difference between Return shown for test year cost of service and the Net Income is the capital portion of ECA/RIA recovery. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 19 3.2 CUSTOMER CLASSIFICATIONS For purposes of class cost of service, current customer classifications are used. The table below summarizes number of customers, throughput, and revenues under proposed rates for the test year. CUSTOMER CLASSIFICATION NUMBER OF CUSTOMERS GAS THROUGHPUT REVENUES UNDER PROPOSED RATES Therms $ Residential Single‐Family 1‐3 U 16,364 3,223,532 5,932,700 Small Res M‐Fam 277 70,552 160,100 Medium Res M‐Fam 3 80,575 89,400 Large Res. M‐Fam 2 100,250 111,800 Subtotal 16,646 3,474,909 6,294,000 Commercial Small Commercial (1) 1,869 7,693,267 8,810,300 Medium Commercial (2) 123 3,202,412 3,364,900 Large Commercial (3) 4 616,268 616,000 Subtotal 1,996 11,511,947 12,791,200 Total (4) 18,642 14,986,856 19,085,200 (1) Small Commercial includes rates SFC and SGS (2) Medium Commercial includes rates MFC and MGS (3) Large Commercial includes rates LFC and LGS (4) Total excludes vehicle, standby, street lighting, air conditioning, contracts and interruptible service because revenues from these rates are credited to cost of service. 3.3 BASIS FOR ALLOCATION Costs are allocated to customer classes in proportion to the class responsibility for the functional use of the natural gas system. Functional factors used in this study include demand requirements, volume of gas (throughput), and number of customers. A portion of natural gas distribution mains and distribution regulators are examples of capacity related facilities. The investment in these facilities and the expenses associated with their operations are mainly determined by customer peak demands. Costs related to throughput are those that tend to vary with the quantity of natural gas delivered. The commodity cost of purchased Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 20 gas is a typical example of a throughput related cost that applies to non‐transportation customers. Customer related costs are expenses associated with items such as service lines, meters, house regulators, customer billing, and accounting and tend to vary with the number of customers served. 3.3.1 Cost Functions The functional classification of cost of service is based upon an analysis of the use of major plant elements. The major plant elements for a natural gas utility include mains, services, meters and regulators, and general plant. We classify the major plant elements to functions and then use this allocation as our basis to allocate operating and maintenance and administrative and general expenses to functions. Table 3‐1 shows the functional classification of plant in service and expenses. We classify costs into six major functions: distribution–capacity, distribution–commodity, distribution–customer, meters and regulators, services, and customer accounting. With regard to CGS’ investment in mains, we classify 40 percent of the fixed costs as capacity or demand related, 10 percent as commodity or throughput related, and 50 percent as customer related. These percentages are based on our experience with detailed studies we have done for other natural gas distribution utilities. We classify costs associated with the services as services related costs. We classify costs associated with meters and regulators as meters and regulators related costs. We assign 60 percent of O&M expenses (excluding customer accounting and administrative and general) to mains and services and the remaining and 40 percent to meters as shown on Lines 11 and 12 of Table 3‐1. This assignment is based on our experience with the relative relationship of these expenses for other natural gas utilities. We classify customer accounting expenses as customer accounts related costs. Table 3‐2 shows the allocation of test year operating expense, depreciation expense, non‐operating expense, transfers, and return to functional classifications. Page 1 of Table 3‐2 summarizes the allocators developed in Table 3‐1. On Page 2, we show the application of the functional allocators to the costs of service. We also show other revenues as a credit to cost of service. The total cost of service on Line 15 of Table 3‐2 excludes the $5.6 million cost of gas associated with revenues that are credited to cost of service. Revenues credited to cost of service include $2.2 million of service charges to customers, $2 million of tax collection revenues, $2.8 million of dividend collection revenues, $3 million of ECA/RIA revenues, and $2.4 million in net revenues to classes credited to cost of service. The net revenues from classes credited to cost of service primarily include net revenues from propane sales, contract natural gas sales and interruptible sales. The prices for service to these customers are generally based on market conditions rather than allocated cost of service. 3.3.2 Allocation Factors and Allocation of Cost of Service Table 3‐3 shows the development of the allocation factors used to allocate capacity, commodity, meters and regulators, services, and customer accounting related costs to customer classes. Capacity related costs are allocated to customer classes on the basis of estimated maximum demand (Lines 1‐4). Test year maximum demands are derived from estimated load factors for each customer class using the results of statistics developed in the determination of weather normalized Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 21 throughput. The class responsibility for commodity (variable) costs is proportional to the amount of gas throughput and is distributed to customer classes on that basis (Lines 5‐7). The allocation of distribution customer related costs are shown on Lines 8‐12 of Table 3‐3. Distribution customer related costs are not the same as the customer related function. Within the distribution primary account are the services, meters, and regulators used to serve individual customers. Costs associated with these items are considered customer related. There is also a customer component of distribution mains, which recognizes the implication of the distance between individual customers (customer density) on the cost of distribution mains. The weighting factors that we show on Line 10 recognize the relative difference in cost to serve the various customer classes compared to the residential classes. We apply weighting factors that are typical of our experience with detailed studies we have completed for other gas distribution utilities. Meter and services costs are related to the maintenance and capital charges associated with meters and services. The cost of service responsibility for customer costs is allocated to the customer classifications on the basis of annual bills for the test year. For equitable cost allocation, the number of bills are weighted to recognize cost differences due primarily to load size and type of service rendered. We show the development of weighting factors for meters/regulators and services on Line 15 and Line 20, respectively. Customer accounting costs are related to collection and accounting of bills rendered to CGS customers. We show the development of weighting factors for customer accounting on Line 25. Revenues under recommended rates (Line 30) are used as the basis to allocate 50 percent of transfers. The remaining 50 percent is allocated to classes based on plant in service. Allocation of cost of service to customer classes and the resultant rate of return by customer class are shown in Table 3‐4. This allocation is made by distributing costs assigned to cost functions in Table 3‐2, Page 2 to customer classes using the class allocation factors developed in Table 3‐3. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Co s t of Se r v i c e 22 Ta b l e 3‐1 Fu n c t i o n a l Co s t of Se r v i c e Di s t r i b u t i o n Cu s t o m e r Sp e c i f i c Di s t r i b u t i o n Li n e De s c r i p t i o n To t a l Ca p a c i t y Co m m o d i t y Cu s t o m e r Me t e r s / R e g Se r v i c e s Cu s t o m e r Ac c t s Al l o c a t i o n $$ $ $ $ $ $ 1P l a n t in Se r v i c e @ 9/ 3 0 / 2 0 1 3 2 I n t a n g i b l e Pl a n t 3 3 6 , 7 0 0 33 , 2 5 8 8, 3 1 5 41 , 5 7 3 73 , 9 0 7 27 , 7 1 5 15 1 , 9 3 2 Li n e 2 0 3 Ma i n s (1 ) 45 , 4 0 5 , 2 0 0 18 , 1 6 2 , 0 8 0 4, 5 4 0 , 5 2 0 22 , 7 0 2 , 6 0 0 40 - C a p , 1 0 - C o m m , 5 0 - C u s t 4 Me t e r s / R e g u l a t o r s (1 ) 15 , 1 3 5 , 1 0 0 15 , 1 3 5 , 1 0 0 10 0 - C u s t 5 Se r v i c e s (1 ) 15 , 1 3 5 , 1 0 0 15 , 1 3 5 , 1 0 0 10 0 - C u s t 6 S u b t o t a l 76 , 0 1 2 , 1 0 0 18 , 1 9 5 , 3 3 8 4, 5 4 8 , 8 3 5 22 , 7 4 4 , 1 7 3 15 , 2 0 9 , 0 0 7 15 , 1 6 2 , 8 1 5 15 1 , 9 3 2 Su m o f L i n e 2 t h r u L i n e 5 7G e n e r a l Pl a n t 4 , 3 0 5 , 3 0 0 42 5 , 2 6 5 10 6 , 3 1 6 53 1 , 5 8 1 94 5 , 0 3 4 35 4 , 3 8 8 1, 9 4 2 , 7 1 6 Li n e 2 0 8T o t a l Pl a n t in Se r v i c e 8 0 , 3 1 7 , 4 0 0 18 , 6 2 0 , 6 0 3 4, 6 5 5 , 1 5 1 23 , 2 7 5 , 7 5 4 16 , 1 5 4 , 0 4 1 15 , 5 1 7 , 2 0 3 2, 0 9 4 , 6 4 8 Li n e 6 + L i n e 7 9 A l l o c a t i o n Fa c t o r s 1 0 0 . 0 0 % 2 3 . 1 8 % 5 . 8 0 % 2 8 . 9 8 % 2 0 . 1 1 % 1 9 . 3 2 % 2 . 6 1 % 10 O & M Ex p e n s e s 11 Ma i n s & Se r v i c e s (2 ) 1, 6 0 4 , 7 0 0 48 1 , 4 0 9 . 7 3 12 0 , 3 5 2 . 4 3 60 1 , 7 6 2 . 1 7 ‐ 40 1 , 1 7 5 . 6 6 ‐ Li n e 3 a n d L i n e 5 12 Me t e r s (2 ) 1, 0 6 9 , 8 0 0 ‐ ‐ ‐ 1, 0 6 9 , 8 0 0 ‐ ‐ Li n e 4 13 C u s t o m e r 2, 1 9 9 , 2 0 0 2, 1 9 9 , 2 0 0 Di r e c t 14 T o t a l O& M Ex p e n s e s 4 , 8 7 3 , 7 0 0 48 1 , 4 1 0 12 0 , 3 5 2 60 1 , 7 6 2 1, 0 6 9 , 8 0 0 40 1 , 1 7 6 2, 1 9 9 , 2 0 0 Su m o f L i n e 1 1 t h r u L i n e 1 3 15 A l l o c a t i o n Fa c t o r s 1 0 0 . 0 0 % 9 . 8 8 % 2 . 4 7 % 1 2 . 3 5 % 2 1 . 9 5 % 8 . 2 3 % 4 5 . 1 2 % 16 A d m i n i s t r a t i v e an d Ge n e r a l 17 O t h e r A& G 2 , 8 6 2 , 2 0 0 28 2 , 7 2 0 70 , 6 8 0 35 3 , 4 0 0 62 8 , 2 6 6 23 5 , 6 0 0 1, 2 9 1 , 5 3 4 Li n e 1 4 18 T o t a l Ad m i n i s t r a t i v e an d Ge n e r a l Ex p e n s e s 2 , 8 6 2 , 2 0 0 28 2 , 7 2 0 70 , 6 8 0 35 3 , 4 0 0 62 8 , 2 6 6 23 5 , 6 0 0 1, 2 9 1 , 5 3 4 Su m o f L i n e 1 7 t h r u L i n e 1 7 19 A & G Al l o c a t i o n Fa c t o r s 1 0 0 . 0 0 % 9 . 8 8 % 2 . 4 7 % 1 2 . 3 5 % 2 1 . 9 5 % 8 . 2 3 % 4 5 . 1 2 % 20 T o t a l O& M an d A& G 7 , 7 3 5 , 9 0 0 76 4 , 1 2 9 19 1 , 0 3 2 95 5 , 1 6 2 1, 6 9 8 , 0 6 6 63 6 , 7 7 6 3, 4 9 0 , 7 3 4 Li n e 1 4 + L i n e 1 8 (1 ) Ba s e d on ou r ex p e r i e n c e wi t h ot h e r ga s ut i l i t i e s , ma i n s , me t e r s / r e g u l a t o r s an d se r v i c e s ty p i c a l l y ac c o u n t fo r 60 , 20 , an d 20 pe r c e n t , re s p e c t i v e l y , of Di s t r i b u t i o n Pl a n t . (2 ) Ba s e d on ou r ex p e r i e n c e wi t h ot h e r ga s ut i l i t i e s , ma i n s & se r v i c e s an d me t e r s ty p i c a l l y ac c o u n t fo r 60 an d 40 pe r c e n t , re s p e c t i v e l y , of O& M ex p e n s e s . Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 23 Table 3‐2 Allocation of 2015 Test Year Cost of Service to Cost Functions Cost Function Allocators Distribution Customer Specific Distribution Line Description Capacity Commodity Customer Meters/Reg Services Customer Accts Direct 1Operating Expense 2Gas Purchased 100% 3Administrative Expense9.88%2.47%12.35%21.95%8.23%45.12% 4Operation and Maintenance Expense9.88%2.47%12.35%21.95%8.23%45.12% 5ECA/EIA 100% 6Taxes 100% 7Total Operating Expense 8Depreciation Expense 23.18%5.80%28.98%20.11%19.32%2.61% 9Non‐Operating Expense 23.18%5.80%28.98%20.11%19.32%2.61% 10Transfers 11Plant in Service 23.18%5.80%28.98%20.11%19.32%2.61% 12Revenue 100% 13Total Transfer 14Return 23.18%5.80%28.98%20.11%19.32%2.61% 15Total Cost of Service 16Revenue Credit 17Service Charges to Customers 18Gas Service Charge 100% 19Appliance Sales 100% 20Installation Charges 23.18%5.80%28.98%20.11%19.32%2.61% 21Materials Charges 100% 22Inspection Fees 100% 23Late Payment Fees 100% 24Franchise Fees 100% 25Gross Receipts Tax 100% 26Total Service Charges to Customers 27Fuel and ECA Dividend Collection 11.59%2.90%14.49%10.06%9.66%1.30%50.00% 28ECA/RIA Revenues 100% 29 Margin on sales from market dirven rates(1)23.18%5.80%28.98%20.11%19.32%2.61% 30Total Revenue Credit 31Net Cost of Service 32Customer Related Costs (1) Includes Contract, Interruptible, NG Vehicle, Air Conditioning, Lighting, Standby and LP sales Margin Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 24 Table 3‐2 (Continued) Allocation of 2015 Test Year Cost of Service to Cost Functions Allocated Cost of Service to Cost Functions Cost ofDistribution Customer Specific Distribution Line Description Service Capacity Commodity Customer Meters/Reg Services Customer Accts Direct $$$$$$$$ 1Operating Expense 2Gas Purchased9,831,100 ‐ ‐ ‐ ‐ ‐ ‐ 9,831,100 3Administrative Expense 2,862,200 282,720 70,680 353,400 628,266 235,600 1,291,534 ‐ 4Operation and Maintenance Expense 4,873,700 481,410 120,352 601,762 1,069,800 401,176 2,199,200 ‐ 5 ECA/RIA(1)2,997,100 ‐ 2,997,100 ‐ ‐ ‐ ‐ ‐ 6 Taxes(2)1,963,000 ‐ 1,963,000 ‐ ‐ ‐ ‐ ‐ 7Total Operating Expense 22,527,100 764,129 5,151,132 955,162 1,698,066 636,776 3,490,734 9,831,100 8Depreciation Expense 1,634,700 378,985 94,746 473,731 328,783 315,822 42,632 ‐ 9Non‐Operating Expense (153,600) (35,610) (8,903) (44,513) (30,893) (29,675) (4,006) ‐ 10Transfers 11Plant in Service (50%)1,743,250 404,151 101,038 505,189 350,616 336,793 45,463 ‐ 12Revenue (50%)1,743,250 ‐ ‐ ‐ ‐ ‐ ‐ 1,743,250 13Total Transfer 3,486,500 404,151 101,038 505,189 350,616 336,793 45,463 1,743,250 14Return 3,900,900 904,376 226,094 1,130,470 784,578 753,648 101,734 ‐ 15Total Cost of Service 31,395,600 2,416,031 5,564,108 3,020,039 3,131,150 2,013,364 3,676,558 11,574,350 16Revenue Credit 17Service Charges to Customers 18Gas Service Charge (224,300) ‐ ‐ ‐ ‐ ‐ (224,300) ‐ 19Appliance Sales (755,200) ‐ ‐ ‐ ‐ ‐ (755,200) ‐ 20Installation Charges (853,700) (197,920) (49,480) (247,400) (171,703) (164,934) (22,264) ‐ 21Materials Charges (149,200) ‐ ‐ ‐ ‐ ‐ (149,200) ‐ 22Inspection Fees (43,200) ‐ ‐ ‐ ‐ ‐ (43,200) ‐ 23Late Payment Fees (146,600) ‐ ‐ ‐ ‐ ‐ (146,600) ‐ 24Franchise Fees (1,308,000) ‐ (1,308,000) ‐ ‐ ‐ ‐ ‐ 25Gross Receipts Tax (655,000) ‐ (655,000) ‐ ‐ ‐ ‐ ‐ 26Total Service Charges to Customers (4,135,200) (197,920) (2,012,480) (247,400) (171,703) (164,934) (1,340,764) ‐ 27Fuel and ECA Dividend Collection (2,824,100) (327,366) (81,842) (409,208) (284,002) (272,806) (36,826) (1,412,050) 28ECA/RIA Revenues (2,997,100) ‐ (2,997,100) ‐ ‐ ‐ ‐ ‐ 29 Margin on sales from market driven rates(3)(2,354,000) (545,746) (136,436) (682,182) (473,454) (454,789) (61,391) ‐ 30Total Revenue Credit(12,310,400) (1,071,032) (5,227,858) (1,338,790) (929,159) (892,529) (1,438,981) (1,412,050) 31Net Cost of Service 19,085,200 1,344,999 336,250 1,681,249 2,201,991 1,120,835 2,237,577 10,162,300 32Customer Related Costs 5,560,403 2,201,991 1,120,835 2,237,577 (1) Includes the capital portion of ECA/RIA of $1,900,000. (2) Franchise and Gross Receipts Taxes. (3) Includes Contract, Interruptible, Vehicle, Air Conditioning, Lighting, Standby and LP sales Margin. Gas Costs for these cusomers equals $5,551,200. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Co s t of Se r v i c e 25 Ta b l e 3‐3 Es t i m a t e d 20 0 9 Te s t Ye a r Un i t s of Se r v i c e an d Al l o c a t i o n Fa c t o r s Re s i d e n t i a l Commercial Si n g l e ‐Fa m i l y 1‐3 US m a l l Re s M‐Fa m M e d i u m Re s M‐Fa m L a r g e Re s . M‐Fa m S m a l l Co m m e r c i a l M e d i u m CommercialLarge Commercial Li n e Al l o c a t i o n Fa c t o r To t a l Ut i l i t y (R S ) (S F D ) (M F D ) (L F D ) (S F C / S G S ) (MFC/MGS)(LGS) 1 C a p a c i t y 2E s t i m a t e d Lo a d Fa c t o r 1 2 . 9 5 % 1 4 . 2 7 % 1 7 . 6 2 % 1 2 . 1 7 % 3 1 . 2 3 % 4 0 . 4 6 % 3 8 . 5 3 % 3P e a k De m a n d Re s p o n s i b i l i t y ‐ Th e r m s / d a y 1 6 6 , 5 8 6 68 , 1 7 5 1, 3 5 4 1, 2 5 3 2, 2 5 7 67 , 4 8 2 21,683 4,382 4 C a p a c i t y Co s t Al l o c a t o r 1 . 0 0 0 0 0 0. 4 0 9 2 5 0. 0 0 8 1 3 0. 0 0 7 5 2 0. 0 1 3 5 5 0. 4 0 5 0 9 0.13016 0.02630 5C o m m o d i t y 6 A n n u a l Th r o u g h p u t ‐ Th e r m s 14 , 9 8 6 , 8 5 6 3, 2 2 3 , 5 3 2 70 , 5 5 2 80 , 5 7 5 10 0 , 2 5 0 7, 6 9 3 , 2 6 7 3,202,412 616,268 7C o m m o d i t y Co s t Al l o c a t o r 1. 0 0 0 0 0 0. 2 1 5 0 9 0. 0 0 4 7 1 0. 0 0 5 3 8 0. 0 0 6 6 9 0. 5 1 3 3 3 0.21368 0.04112 8 D i s t r i b u t i o n Cu s t o m e r Re l a t e d Co s t s 9A v e r a g e An n u a l Nu m b e r of Cu st o m e r s 18 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 10 W e i g h t i n g Fa c t o r 1 1 3 3 2 3 5 11 W e i g h t e d Nu m b e r of Cu s t o m e r s 20 , 7 8 3 16 , 3 6 4 27 7 9 6 3, 7 3 8 369 20 12 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1. 0 0 0 0 0 0. 7 8 7 3 7 0. 0 1 3 3 3 0. 0 0 0 4 3 0. 0 0 0 2 9 0. 1 7 9 8 6 0.01775 0.00096 13 M e t e r s & Re g u l a t o r s 14 A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 18 , 6 4 2 16 , 3 6 4 27 7 3 2 1,8 6 9 123 4 15 W e i g h t i n g Fa c t o r 1 2 4 5 3 4 10 16 W e i g h t e d Nu m b e r of Cu s t o m e r s 23 , 0 7 9 16 , 3 6 4 55 4 12 10 5, 6 0 7 492 40 17 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1. 0 0 0 0 0 0. 7 0 9 0 4 0. 0 2 4 0 0 0. 0 0 0 5 2 0. 0 0 0 4 3 0. 2 4 2 9 5 0.02132 0.00173 18 S e r v i c e s 19 A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 18 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 20 W e i g h t i n g Fa c t o r 1 1 3 3 2 3 5 21 W e i g h t e d Nu m b e r of Cu s t o m e r s 20 , 7 8 3 16 , 3 6 4 27 7 9 6 3, 7 3 8 369 20 22 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1. 0 0 0 0 0 0. 7 8 7 3 7 0. 0 1 3 3 3 0. 0 0 0 4 3 0. 0 0 0 2 9 0. 1 7 9 8 6 0.01775 0.00096 23 C u s t o m e r Ac c o u n t i n g 24 A v e r a g e An n u a l Nu m b e r of Cu s t o m e r s 18 , 6 4 2 16 , 3 6 4 27 7 3 2 1, 8 6 9 123 4 25 W e i g h t i n g Fa c t o r 1 1 2 2 1 2 2 26 W e i g h t e d Nu m b e r of Cu s t o m e r s 18 , 7 1 1 16 ,3 6 4 27 7 6 4 1, 8 6 9 185 6 27 C u s t o m e r Re l a t e d Co s t s Al l o c a t o r 1. 0 0 0 0 0 0. 8 7 4 5 9 0. 0 1 4 8 0 0. 0 0 0 3 2 0. 0 0 0 2 1 0. 0 9 9 8 9 0.00986 0.00032 28 R e v e n u e Un d e r Re c o m m e n d e d Ra t e s 29 R e v e n u e ‐ $ 19 , 0 8 5 , 2 0 0 5, 9 3 2 , 7 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 8, 8 1 0 , 3 0 0 3,364,900 616,000 30 R e v e n u e Al l o c a t o r 1. 0 0 0 0 0 0. 3 1 0 8 5 0. 0 0 8 3 9 0. 0 0 4 6 8 0. 0 0 5 8 6 0. 4 6 1 6 3 0.17631 0.03228 31 U s e Pe r Cu s t o m e r 80 3 . 9 3 19 6 . 9 9 25 4 . 7 0 26 , 8 5 8 . 3 1 50 , 1 2 4 . 9 6 4, 1 1 6 . 2 5 26,035.87 154,067.05 Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Cost of Service 26 3.4 SUMMARY OF COSTS OF SERVICE AND COMPARISON WITH REVENUES Table 3‐4 contains a comparison of allocated cost of service with test year revenues under recommended rates to determine the return on allocated net plant investment for each of the customer classes. The rate of return shown in this table is shown strictly to provide a means to measure the relative contribution of each class to cost of service. The absolute percentage is not critical for a non‐profit municipal system. What is useful are the relative percentages by class. Our results indicate that under recommended rates, the residential classes are providing little or no return and the commercial classes are providing above average rates or return. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Co s t of Se r v i c e 27 Ta b l e 3‐4 Al l o c a t i o n of 20 0 9 Te s t Ye a r Co s t of Se r v i c e to Cu s t o m e r Cl a s s e s , an d Ra t e of Re t u r n to Cu s t o m e r Cl a s s e s Al l o c a t i o n to Cu s t o m e r Cl a s s e s Re s i d e n t i a l Commercial Si n g l e ‐Fa m i l y 1‐3 US m a l l Re s M‐Fa m M e d i u m Re s M‐Fa m L a r g e Re s . M‐Fa m S m a l l Co m m e r c i a l M e d i u m CommercialLarge Commercial Li n e Al l o c a t i o n Fa c t o r To t a l Ut i l i t y (R S ) (S F D ) (M F D ) (L F D ) (S F C / S G S ) (MFC/MGS)(LGS) $$ $ $ $ $ $ $ 1O p e r a t i n g Ex p e n s e 2G a s Pu r c h a s e d 9, 8 3 1 , 1 0 0 2, 1 5 7 , 9 0 0 46 , 0 0 0 52 , 5 0 0 65 , 4 0 0 5, 0 1 8 , 4 0 0 2,089,000 401,900 3 A d m i n i s t r a t i v e Ex p e n s e 2, 8 6 2 , 2 0 0 2, 1 6 9 , 6 9 8 44 , 6 8 3 3, 5 0 2 5, 0 2 1 53 8 , 3 9 3 88,489 12,413 4O p e r a t i o n an d Ma i n t e n a n c e Ex p e n s e 4, 8 7 3 , 7 0 0 3, 6 9 4 , 5 2 0 76 , 0 8 6 5, 9 6 4 8, 5 5 0 91 6 , 7 6 6 150,678 21,136 5 E C A / R I A 2, 9 9 7 , 1 0 0 64 4 , 6 4 8 14 , 1 0 9 16 , 1 1 4 20 , 0 4 8 1, 5 3 8 , 5 1 4 640,424 123,242 6 T a x e s 1, 9 6 3 , 0 0 0 42 2 , 2 2 3 9, 2 4 1 10 , 5 5 4 13 , 1 3 1 1, 0 0 7 , 6 7 5 419,457 80,720 7T o t a l Op e r a t i n g Ex p e n s e 22 , 5 2 7 , 1 0 0 9, 0 8 8 , 9 8 8 19 0 , 1 1 9 88 , 6 3 3 11 2 , 1 5 1 9, 0 1 9 , 7 4 9 3,388,048 639,411 8D e p r e c i a t i o n Ex p e n s e 1, 6 3 4 , 7 0 0 1, 0 6 7 , 5 5 8 22 , 5 7 4 3, 8 8 6 6, 1 4 8 42 8 , 3 0 3 91,023 15,208 9N o n ‐Op e r a t i n g Ex p e n s e (1 5 3 , 6 0 0 ) (1 0 0 , 3 1 0 ) (2 , 1 2 1 ) (3 6 5 ) (5 7 8 ) (4 0 , 2 4 4 ) (8,553) (1,429) 10 T r a n s f e r s 11 P o r t i o n Al l o c a t e d on Pl a n t 1, 7 4 3 , 2 5 0 1, 1 3 8 , 4 4 8 24 , 0 7 3 4, 1 4 4 6, 5 5 6 45 6 , 7 4 3 97,068 16,218 12 P o r t i o n Al l o c a t e d on Re v e n u e 1, 7 4 3 , 2 5 0 54 1 , 8 9 5 14 , 6 2 4 8, 1 6 6 10 , 2 1 2 80 4 , 7 3 6 307,351 56,266 13 T o t a l Tr a n s f e r s 3, 4 8 6 , 5 0 0 1, 6 8 0 , 3 4 3 38 , 6 9 6 12 , 3 1 0 16 , 7 6 8 1, 2 6 1 , 4 8 0 404,419 72,483 14 T o t a l Co s t of Se r v i c e be f o r e Re t u r n 27 , 4 9 4 , 7 0 0 11 , 7 3 6 , 5 8 0 24 9 , 2 6 8 10 4 , 4 6 5 13 4 , 4 8 9 10 , 6 6 9 , 2 8 7 3,874,938 725,673 15 R e v e n u e Cr e d i t 16 S e r v i c e Ch a r g e s to Cu s t o m e r s (4 , 1 3 5 , 2 0 0 ) (2 , 1 3 2 , 8 8 7 ) (4 0 , 5 5 0 ) (1 3 , 0 0 6 ) (1 6 , 6 2 3 ) (1 , 3 6 3 , 0 5 6 ) (479,994) (89,085) 17 F u e l an d EC A Di v i d e n d Co l l e c t i o n (2 , 8 2 4 , 1 0 0 ) (1 , 3 6 1 , 0 9 5 ) (3 1 , 3 4 4 ) (9 , 9 7 1 ) (1 3 , 5 8 2 ) (1 , 0 2 1 , 8 1 1 ) (327,584) (58,712) 18 E C A / R I A Re v e n u e s (2 , 9 9 7 , 1 0 0 ) (6 4 4 , 6 4 8 ) (1 4 , 1 0 9 ) (16 , 1 1 4 ) (2 0 , 0 4 8 ) (1 , 5 3 8 , 5 1 4 ) (640,424) (123,242) 19 M a r g i n on sa l e s fr o m ma r k e t dr i v e n ra t e s (2 , 3 5 4 , 0 0 0 ) (1 , 5 3 7 , 3 0 5 ) (3 2 , 5 0 7 ) (5 , 5 9 6 ) (8 , 8 5 3 ) (6 1 6 , 7 6 4 ) (131,076) (21,900) 20 T o t a l Re v e n u e Cr e d i t (1 2 , 3 1 0 , 4 0 0 ) (5 , 6 7 5 , 9 3 5 ) (1 1 8 , 5 1 0 ) (4 4 , 6 8 7 ) (5 9 , 1 0 6 ) (4 , 5 4 0 , 1 4 6 ) (1,579,077) (292,939) 21 N e t Co s t of Se r v i c e be f o r e Re t u r n 15 , 1 8 4 , 3 0 0 6, 0 6 0 , 6 4 5 13 0 , 7 5 8 59 , 7 7 7 75 , 3 8 2 6, 1 2 9 , 1 4 2 2,295,861 432,734 22 N e t Pl a n t 48 , 0 0 7 , 0 0 0 31 , 3 5 1 , 4 8 6 66 2 , 9 3 5 11 4 , 1 3 1 18 0 , 5 4 2 12 , 5 7 8 , 1 6 0 2,673,128 446,617 23 R e v e n u e s Un d e r Re c o m m e n d e d Ra t e s 19 , 0 8 5 , 2 0 0 5, 9 3 2 , 7 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 8, 8 1 0 , 3 0 0 3,364,900 616,000 24 Re t u r n Un d e r Re c o m m e n d e d Ra t e s (1 ) 3, 9 0 0 , 9 0 0 (1 2 7 , 9 4 5 ) 29 , 3 4 2 29 , 6 2 3 36 , 4 1 8 2, 6 8 1 , 1 5 8 1,069,039 183,266 25 R a t e of Re t u r n 8 . 1 3 % ‐0. 4 1 % 4 . 4 3 % 2 5 . 9 6 % 2 0 . 1 7 % 2 1 . 3 2 % 3 9 . 9 9 % 4 1 . 0 3 % (1 ) Th e di f f e r e n c e be t w e e n Re t u r n an d Ne t In c o m e is th e ca p i t a l po r t i o n of th e EC A / R I A of $1 , 9 0 0 , 0 0 0 . Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 28 4 Recommended Rate Adjustments 4.1 RECOMMENDED RATE ADJUSTMENTS Based on the results shown in Table 2‐1, CGS’ existing rates are more than adequate to meet its operating needs over the forecast period as during that time cumulative cash flow remains positive. Therefore, we recommend that CGS reduce the rate for its commercial classes of customers by approximately $1.2 million, based on the results of our cost of service study and competitive considerations. In addition to the rate reduction to the commercial customers, we recommend a revenue neutral rate change to the residential classes with an increase to the Residential Single Family customer charge and an offsetting decrease to the distribution charge for the residential class. We also recommend resetting the UIA by including the current (FY 2014) non‐weather portion of the UIA in base rates and updating the usage and inflation bases to current levels. A summary of our recommendations follows: 1. Roll the non‐weather portion of the UIA rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index to current levels. For the residential classes, the non‐weather portion of the UIA rate is $0.07 per therm. Therefore the distribution charges should be increased for Residential customers (RS, SFD, MFD, and LFD) from $0.48 to $0.55 per therm, for Small Commercial customers (SFC and SGS) from $0.46 to $0.52 per therm, for Medium Commercial customers (MCF and MGS) from $0.40 to $0.46 per therm, for Large Commercial customers (LFC and LGS) from $0.34 to $0.40 per therm, and the UIA should be reset to $0.00 per therm. The normal use per customer bases should be changed to 197 therms for the residential class and 6,203 therms for the commercial classes (includes contract customers). The CPI‐U is estimated to be 239.702 for September 2014 and this level of CPI‐U should be used as the basis for future UIA calculations. 2. Decrease the commercial class revenues by approximately $1.2 million by reducing distribution rates (after application of the UIA increase) for Small Commercial customers (SFC and SGS) from $0.52 to $0.42 per therm, for Medium Commercial customers (MCF and MGS) from $0.46 to $0.38 per therm, for Large Commercial customers (LFC and LGS) from $0.40 to $0.34 per therm, and for Standard Interruptible customers (IS) from $0.28 to $0.24 per therm. 3. Increase the Residential Single‐Family customer charge from $10.00 to $12.00 per month (excluding the Pasco County fuel surcharge). This is in line with the residential customer charges in effect at other natural gas utilities in CGS’s geographic area (as summarized in Table 4‐1). At the same time, the residential class distribution charge (after application of the UIA increase) should be reduced from $0.55 to$0.44 per therm. The net effect of these changes to residential rate revenue is negligible as the increase in customer charge revenues is offset by the decrease in distribution charge revenues. 4. Regularly monitor the rates charged by competitors for propane. Our projections are based on service to propane customers essentially breaking even. Charges for propane service should be increased to the extent possible when competitive factors are considered and to encourage the load levels that CGS desires. 5. Regularly monitor service charge rates and consider adopting a new pricing structure that establishes a per trip charge, which includes the first hour of labor, plus quarter hourly rates for additional time on‐site beyond one hour. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 29 Table 4‐1 presents a comparison of our recommended rates for CGS to a group of regional benchmark utilities. Table 4‐2 presents existing and recommended rates schedules including the non‐weather component of the UIA. Table 4‐3 shows the impact of the proposed rate changes that result in a $1.2 million reduction in net income in FY 2015. For FY 2016 through FY 2019 we show the impact of a forecasted 3 percent inflation of the CPI used to forecast the UIA (the same underlying inflation assumption used to project O&M and A&G expenses). Beyond the timeline captured in our study, it is suggested that CGS review anticipated cash flow and rates levels to confirm that adequate funding is maintained for its ongoing operating and capital investment needs. Table 4‐4 shows the revenues under proposed rates discussed above. The volumes used for Table 4‐4 already reflect normal weather and no additional decline in use per customer. To the extent that weather is abnormal and usage per customer actually declines in the projected period, the proposed UIA should adjust rates to collect any shortfall. Table 4‐5 compares typical bills under CGS’ recommended rates with Duke Energy for a residential customer. As shown in Table 4‐5, CGS holds a competitive advantage to Duke Energy for standalone applications for space heating, hot water, and cooking. Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 30 Ta b l e 4‐1 Co m p a r i s o n of CG S Ra t e s to Re g i o n a l Ga s Ut i l i t i e s Li n e Cu s t o m e r Cl a s s Cl e a r w a t e r Ga s Sy s t e m Ce n t r a l Fl o r i d a Ga s Fl o r i d a Ci t y Ga s Fl o r i d a Pu b l i c Ut i l i t i e s TE C O / P e o p l e s Ga s Pi n e l l a s Ce n t r a l Pa s c o (2 ) 1 R e s i d e n t i a l Se r v i c e 2C u s t o m e r Ch a r g e $ 1 2 . 0 0 $ 2 0 . 0 0 $ 1 9 . 0 0 $ 8 . 0 0 to $1 1 . 0 0 $ 1 1 . 0 0 $ 1 2 . 0 0 to $2 0 . 0 0 3 Co m m o d i t y Ch a r g e (1 ) $0 . 4 4 0 $ 0 . 4 4 0 $0 . 4 6 3 $ 0 . 5 6 2 to $0 . 4 9 5 $ 0 . 4 9 8 $0 . 2 6 8 4S m a l l Ge n e r a l Se r v i c e 5L e s s th a n 18 , 0 0 0 Th e r m s 6C u s t o m e r Ch a r g e $2 5 . 0 0 $ 4 0 . 0 0 $ 3 4 . 0 0 to $1 3 4 . 0 0 $ 1 1 . 0 0 to $3 0 . 0 0 $ 2 0 . 0 0 to $9 0 . 0 0 $ 2 5 . 0 0 to $3 5 . 0 0 7 Co m m o d i t y Ch a r g e (1 ) $0 . 4 2 0 $ 0 . 4 2 0 $ 0 . 3 2 to $0 . 2 0 4 $ 0 . 4 9 5 to $0 . 2 7 5 $ 0 . 3 9 1 to $0 . 3 5 4 $ 0 . 3 3 9 to $0 . 2 6 8 8M e d i u m Ge n e r a l Se r v i c e 9 1 8 , 0 0 0 ‐ 99 , 9 9 9 Th e r m s 10 C u s t o m e r Ch a r g e $ 4 0 . 0 0 $ 7 0 . 0 0 $ 2 1 0 . 0 0 to $6 0 0 . 0 0 $ 3 0 . 0 0 to $1 5 0 . 0 0 $ 9 0 . 0 0 $ 5 0 . 0 0 to $1 5 0 . 0 0 11 Co m m o d i t y Ch a r g e (1 ) $0 . 3 8 0 $ 0 . 3 8 0 $ 0 . 2 3 9 to $0 . 1 8 0 $ 0 . 2 7 5 to $0 . 2 7 5 $ 0 . 3 5 4 $ 0 . 2 2 7 to $0 . 1 9 7 12 L a r g e Ge n e r a l Se r v i c e 13 O v e r 10 0 , 0 0 0 Th e r m s 14 C u s t o m e r Ch a r g e $ 9 5 . 0 0 $ 1 6 0 . 0 0 $ 7 0 0 . 0 0 to $3 , 0 0 0 . 0 0 $ 1 5 0 . 0 0 to $5 0 0 . 0 0 $ 9 0 . 0 0 $ 1 5 0 . 0 0 to $3 0 0 . 0 0 15 Co m m o d i t y Ch a r g e (1 ) $0 . 3 4 0 $ 0 . 3 4 0 $ 0 . 1 2 3 to $0 . 0 8 3 $ 0 . 2 7 5 to $0 . 1 2 2 $ 0 . 3 5 4 $ 0 . 1 9 7 to $0 . 1 1 3 16 I n t e r r u p t i b l e Se r v i c e 17 O v e r 10 0 , 0 0 0 Th e r m s 18 C u s t o m e r Ch a r g e $ 2 5 0 . 0 0 $ 4 0 0 . 0 0 $ 7 0 0 . 0 0 to $3 , 0 0 0 . 0 0 $ 1 5 0 . 0 0 to $5 0 0 . 0 0 $ 3 1 0 . 0 0 $ 3 0 0 . 0 0 to $4 7 5 . 0 0 19 Co m m o d i t y Ch a r g e (1 ) $0 . 2 4 0 $ 0 . 2 4 0 $ 0 . 1 2 3 to $0 . 0 8 3 $ 0 . 2 7 5 to $0 . 1 2 2 $ 0 . 2 3 1 $ 0 . 0 7 1 to $0 . 0 3 5 (1 ) Co m m o d i t y Ch a r g e (p e r Th e r m ) is st r i c t l y di s t r i b u t i o n ch a r g e s . Ex c l u d e s PG A an d an y ri d e r s . (2 ) Ce n t r a l Pa s c o in c l u d e s fu e l re l a t e d su r c h a r g e in th e cu s t o m e r ch a r g e . Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 31 Ta b l e 4‐2 Ex i s t i n g an d Re c o m m e n d e d Na t u r a l Ga s Ra t e s Ex i s t i n g Re c o m m e n d e d Di s t r i b u t i o n U I A T o t a l Ch a r g e C u s t o m e r P a s c o D i s t r i b u t i o n U I A T o t a l Ch a r g e C u s t o m e r P a s c o Li n e Na t u r a l Ga s Ra t e s Ch a r g e Ch a r g e (1 ) Vo l u m e t r i c Ch a r g e Su r c h a r g e Ch a r g e Ch a r g e (2 ) Vo l u m e t r i c ChargeSurcharge $/ T h e r m $ / T h e r m $ / T h e r m $ / b i l l / m o n t h $ / b i l l / m o n t h $ / T h e r m $ / T h e r m $ / T h e r m $ / b i l l / m o n t h $ / b i l l / m o n t h 1 RE S I D E N T I A L SE R V I C E 2S I N G L E ‐FA M I L Y 1‐3 U ( RS ) 0 . 4 8 0. 0 7 0. 5 5 10 . 0 0 8. 0 0 0. 4 4 ‐ 0. 4 4 12.00 8.00 3S M A L L RE S M‐FA M (S F D ) 0. 4 8 0. 0 7 0. 5 5 25 . 0 0 15 . 0 0 0. 4 4 ‐ 0. 4 4 25.00 15.00 4M E D I U M RE S M‐FA M (M F D ) 0. 4 8 0. 0 7 0. 5 5 40 . 0 0 30 . 0 0 0. 4 4 ‐ 0. 4 4 40.00 30.00 5L A R G E RE S . M ‐FA M (L F D ) 0. 4 8 0. 0 7 0. 5 5 95 . 0 0 65 . 0 0 0. 4 4 ‐ 0. 4 4 95.00 65.00 6 CO M M E R C I A L & IN D U S T R I A L SE R V I C E ‐ MU L T I ‐FA M I L Y 7S M A L L CO M . M‐FA M (S F C ) 0. 4 6 0. 0 6 0. 5 2 25 . 0 0 15 . 0 0 0. 4 2 ‐ 0. 4 2 25.00 15.00 8M E D I U M CO M . M ‐FA M (M F C ) 0. 4 0 0. 0 6 0. 4 6 40 . 0 0 30 . 0 0 0. 3 8 ‐ 0. 3 8 40.00 30.00 9L A R G E CO M . M ‐FA M (L F C ) 0. 3 4 0. 0 6 0. 4 0 95 . 0 0 65 . 0 0 0. 3 4 ‐ 0. 3 4 95.00 65.00 10 GE N E R A L CO M M E R C I A L & IN D U S T R I A L SE R V I C E 11 S M A L L CO M M E R C I A L (S G S ) 0. 4 6 0. 0 6 0. 5 2 25 . 0 0 15 . 0 0 0. 4 2 ‐ 0. 4 2 25.00 15.00 12 M E D I U M CO M M E R C I A L (M G S ) 0. 4 0 0. 0 6 0. 4 6 40 . 0 0 30 . 0 0 0. 3 8 ‐ 0. 3 8 40.00 30.00 13 L A R G E CO M M E R C I A L (L G S ) 0. 3 4 0. 0 6 0. 4 0 95 . 0 0 65 . 0 0 0. 3 4 ‐ 0. 3 4 95.00 65.00 14 OT H E R CO M M E R C I A L & IN D U S T R I A L SE R V I C E S 15 V E H I C L E (N G V ) Co n t r a c t Ra t e (G S on l y ) Co n t r a c t Ra t e (GS only) 16 S T A N D B Y (N S S ) 0. 4 6 0. 0 6 0. 5 2 50 . 0 0 25 . 0 0 0. 4 2 ‐ 0. 4 2 50.00 25.00 17 L I G H T S (S L . no ma i n t ) 0. 2 0 ‐ 0. 2 0 20 . 0 0 10 . 0 0 0. 2 0 ‐ 0. 2 0 20.00 10.00 18 L I G H T S (S L . WI T H ma i n t ) 0. 3 5 ‐ 0. 3 5 20 . 0 0 10 . 0 0 0. 3 5 ‐ 0. 3 5 20.00 10.00 19 AI R ‐CO N D I T I O N I N G SE R V I C E 20 R E S I D E N T I A L (R A C ) 0. 2 0 ‐ 0. 2 0 10 . 0 0 8. 0 0 0. 2 0 ‐ 0. 2 0 12.00 8.00 21 S M A L L (G A C ) 0. 1 5 ‐ 0. 1 5 25 . 0 0 15 . 0 0 0. 1 5 ‐ 0. 1 5 25.00 15.00 22 L A R G E (L A C ) 0. 1 0 ‐ 0. 1 0 40 . 0 0 30 . 0 0 0. 1 0 ‐ 0. 1 0 40.00 30.00 23 IN T E R R U P T I B L E SE R V I C E (T y p i c a l Ba s i s ) 24 S T A N D A R D (I S ) 0. 2 8 ‐ 0. 2 8 25 0 . 0 0 15 0 . 0 0 0. 2 4 ‐ 0. 2 4 250.00 150.00 (1 ) UI A ch a r g e ex c l u d e s th e we a t h e r no r m a l i z a t i o n ad j u s t m e n t po r t i o n (2 ) UI A ch a r g e wi l l be re s e t to FY 20 1 5 ba s e li n e an d on l y we a t h e r no r m a l i z a t i o n ad j u s t m e n t po r t i o n wi l l be ap p l i e d in FY 20 1 5 . Fu l l UI A ad j u s t m e n t wi l l be in ef f e c t be g i n n i n g FY 2016. Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 32 Table 4‐3 Historical and Projected Revenues & Revenue Requirements under Proposed Rates Line Historical Estimated Projected No.Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 $$$$$$$$$$ 1 Operating Revenue 2Gas Sales 3Fuel Revenue ‐ Pasco 3,094,121 3,106,639 3,120,454 2,868,744 2,847,400 2,695,200 2,728,200 2,764,100 2,803,100 2,845,800 4Fuel Revenue ‐ Pinellas 16,029,267 15,194,400 13,971,038 13,853,314 12,756,000 12,628,500 12,644,200 12,660,100 12,676,000 12,692,200 5Customer Fuel Surcharge ‐ Pasco ‐ ‐ ‐ ‐ 51,200 58,600 67,100 76,900 88,200 101,300 6Fuel Related Dividend Collection ‐ ‐ ‐ ‐ 2,129,400 2,684,600 2,233,400 2,279,300 2,288,400 1,918,800 7Total Fuel Revenue19,123,388 18,301,038 17,091,493 16,722,058 17,784,000 18,066,900 17,672,900 17,780,400 17,855,700 17,558,100 8Non‐Fuel Sales Revenue ‐ Pasco1,789,307 1,791,530 1,834,767 1,958,991 1,917,200 1,968,000 2,008,700 2,053,400 2,102,500 2,156,700 9Non‐Fuel Sales Revenue ‐ Pinellas9,023,086 8,858,691 8,959,184 9,414,151 9,415,800 9,395,500 9,424,800 9,454,300 9,484,100 9,514,300 10Usage & Inflation Adjustment Revenue(0) 401,601 878,193 1,012,552 1,048,900 ‐ 212,300 432,900 662,300 901,600 11Energy Conservation Adjustment Revenue1,209,417 1,495,190 1,723,898 1,978,080 1,901,200 1,948,300 1,958,000 1,968,300 1,979,200 1,991,000 12ECA Related Dividend Collection ‐ ‐ ‐ ‐ 110,600 139,500 116,000 118,400 118,900 99,700 13Regulatory Imposition Adjustment Revenue 223,178 317,160 305,179 1,081,944 1,023,700 1,048,800 1,054,100 1,059,700 1,065,600 1,071,900 14Total Gas Margin12,244,988 12,864,172 13,701,221 15,445,718 15,417,400 14,500,100 14,773,900 15,087,000 15,412,600 15,735,200 15Total Gas Sales Revenue31,368,376 31,165,210 30,792,714 32,167,776 33,201,400 32,567,000 32,446,800 32,867,400 33,268,300 33,293,300 16Other Revenue 17LP Sales, Revenue Credit (1)112,196 71,849 252,648 131,351 182,200 244,600 227,000 228,800 229,200 214,800 18Service Charges and Fees1,609,221 1,709,904 2,034,907 2,047,502 2,108,900 2,172,200 2,237,400 2,304,400 2,373,500 2,444,800 19Franchise Fees and Gross Receipts Tax 2,009,096 1,936,983 1,836,555 1,907,026 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 20Total Other Revenue3,730,513 3,718,736 4,124,110 4,085,878 4,267,100 4,379,800 4,424,400 4,511,200 4,597,700 4,657,600 21Total Operating Revenue35,098,888 34,883,946 34,916,824 36,253,655 37,468,500 36,946,800 36,871,200 37,378,600 37,866,000 37,950,900 22 Revenue Requirements 23Gas Purchased16,717,618 15,213,361 13,661,117 14,828,510 15,654,600 15,382,300 15,439,500 15,501,100 15,567,300 15,639,300 24Operating & Maintenance /A&G6,644,618 5,939,762 6,507,719 7,376,643 7,527,600 7,735,900 7,968,000 8,207,000 8,453,200 8,706,800 25Operating and Maintenance ‐ RIA related ‐ ‐ ‐ ‐ 1,000,000 1,000,000 1,000,000 1,000,000 ‐ ‐ 26ECA/RIA Recovery 1,797,578 1,383,659 1,577,728 1,735,225 24,900 97,100 112,100 128,000 2,144,800 2,162,900 27Taxes 2,075,417 1,999,438 1,894,789 1,968,107 1,976,000 1,963,000 1,960,000 1,978,000 1,995,000 1,998,000 28Total Operating Expenses27,235,231 24,536,220 23,641,353 25,908,486 26,183,100 26,178,300 26,479,600 26,814,100 28,160,300 28,507,000 29Operating Income7,863,657 10,347,726 11,275,471 10,345,169 11,285,400 10,768,500 10,391,600 10,564,500 9,705,700 9,443,900 30Depreciation Expense(1,912,622) (1,579,548) (1,728,617) (1,825,746) (1,514,700) (1,634,700) (1,754,700) (1,874,700) (1,994,700) (2,114,700) 31Net Operating Income before Transfer5,951,035 8,768,178 9,546,854 8,519,423 9,770,700 9,133,800 8,636,900 8,689,800 7,711,000 7,329,200 32 Non Operating Revenues (Expenses) 33Earnings on Investments Revenue 843,507 551,070 565,554 (192,598) 450,000 450,000 450,000 450,000 450,000 450,000 34Earnings on Investments of Bond Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 35Interest Expense and Fiscal Charges (815,934) (741,031) (730,547) (665,256) (618,000) (432,800) (402,600) (372,100) (341,500) (325,100) 36Amortization of Bond Discount and Issue Costs (27,974) (27,440) (26,883) (26,340) (29,000) (29,000) (29,000) (29,000) (29,000) (29,000) 37Gain (Loss) on Exchange of Assets ‐ (730) ‐ (27,881) ‐ ‐ ‐ ‐ ‐ ‐ 38Other Non Operating Revenue 331,840 228,347 188,393 674,861 164,600 165,400 165,400 165,400 165,400 165,400 39Total Non Operating Revenues (Expenses)331,439 10,215 (3,482) (237,214) (32,400) 153,600 183,800 214,300 244,900 261,300 40Net Income before Transfer6,282,474 8,778,393 9,543,372 8,282,209 9,738,300 9,287,400 8,820,700 8,904,100 7,955,900 7,590,500 41Transfers In (Out)(4,213,872) (1,790,209) (3,100,077) (2,751,418) (2,765,400) (3,486,500) (2,900,500) (2,960,100) (2,972,000) (2,492,000) 42Net Income 2,068,602 6,988,184 6,443,295 5,530,791 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 43 Long Term Debt Principal Payments 44Revenue Bonds 45Series 2005 170,800 ‐ ‐ ‐ ‐ ‐ 46Series 2007 370,000 370,000 370,000 370,000 ‐ ‐ 47Series 2013 350,000 365,000 375,000 375,000 390,000 395,000 48Series 2014 ‐ 245,000 250,000 255,000 260,000 265,000 49Total Revenue Bonds Principal Payments 890,800 980,000 995,000 1,000,000 650,000 660,000 50Plant Extension and Replacements ‐ System 2,100,000 2,100,000 2,100,000 2,100,000 3,100,000 3,100,000 51Plant Extension and Replacements ‐ RIA 1,100,000 1,100,000 1,100,000 1,100,000 100,000 100,000 52Plant Extension and Replacements ‐ ECA 800,000 800,000 800,000 800,000 800,000 800,000 53 Net Cash Flow 54Net Income 6,972,900 5,800,900 5,920,200 5,944,000 4,983,900 5,098,500 55Principal Payments (890,800) (980,000) (995,000) (1,000,000) (650,000) (660,000) 56Plant Extension and Replacements (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) (4,000,000) 57Depreciation Expense 1,514,700 1,634,700 1,754,700 1,874,700 1,994,700 2,114,700 58Amortization of Bond Discount and Issue Costs29,000 29,000 29,000 29,000 29,000 29,000 59Net Cash Flow 3,625,800 2,484,600 2,708,900 2,847,700 2,357,600 2,582,200 60Cumulative Cash Flow 30,993,800 34,619,600 37,104,200 39,813,100 42,660,800 45,018,400 47,600,600 61 Margin on Sales 17,546,800 17,184,700 17,007,300 17,366,300 17,701,000 17,654,000 62 Net Cash Flow as % of Margin 20.7%14.5%15.9%16.4%13.3%14.6% (1) LP revenue less cost of propane less propane O&M Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 33 Ta b l e 4‐4 Re v e n u e s Un d e r Ex i s t i n g an d Pr o p o s e d Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Si n g l e ‐Fa m i l y 1‐3 U (R S ) Sm a l l Re s M‐Fa m (S F D ) Me d i u m Re s M‐Fa m (M F D ) La r g e Re s . M‐ Fa m (L F D ) Sm a l l Co m . M‐Fa m (S F C ) Me d . Co m . M‐Fa m (M F C ) La r g e Co m . M‐Fa m (L F C ) Sm a l l Co m m e r c i a l (S G S ) Me d i u m Co m m e r c i a l (M G S ) La r g e Co m m e r c i a l (L G S ) Ve h i c l e (N G V ) St a n d b y (N S S ) Li g h t s (S L . No Ma i n t ) Li g h t s (SL. Wi t h Maint)Res.(NRAC)Small (NGAC)Large (NLAC) Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Hi s t o r i c a l 20 0 9 6 , 8 7 6 , 4 8 7 15 0 , 1 0 1 24 8 , 1 8 8 19 3 , 0 7 2 50 6 , 4 3 0 12 9 , 3 4 9 ‐ 8, 9 8 3 , 0 6 4 3, 2 0 3 , 1 7 0 56 2 , 8 6 8 ‐ 15 , 6 1 9 6, 9 7 9 1,592 1,084 2,351 ‐ 20 1 0 6 , 8 3 9 , 6 9 6 12 9 , 6 4 1 22 9 , 6 3 0 19 1 , 9 7 4 45 9 , 4 8 6 13 8 , 6 3 9 ‐ 9, 4 7 6 , 3 4 7 3, 5 3 0 , 2 7 9 62 6 , 0 8 8 ‐ 21 , 5 3 2 ‐ 553 1,201 448 ‐ 20 1 1 6 , 6 7 0 , 6 7 7 12 7 , 4 8 9 22 2 , 7 9 7 17 8 , 7 3 0 39 0 , 1 1 0 13 4 , 5 0 6 ‐ 9, 9 8 8 , 3 3 7 3, 7 7 1 , 0 6 2 49 3 , 7 8 8 ‐ 21 , 4 6 2 ‐ ‐ 975 300 ‐ 20 1 2 6 , 0 3 8 , 3 3 6 11 5 , 7 0 2 17 6 , 2 0 0 15 0 , 7 8 0 39 3 , 3 9 2 11 8 , 0 4 5 ‐ 10 , 9 8 7 , 2 9 7 4, 0 0 9 , 1 3 0 79 0 , 6 8 3 45 , 9 2 3 23 , 1 7 2 ‐ ‐ ‐ 300 ‐ 20 1 3 6 , 5 9 9 , 3 7 6 12 1 , 8 0 9 16 4 , 4 0 8 15 0 , 8 3 0 36 4 , 9 2 6 11 4 , 3 7 2 ‐ 11 , 3 2 9 , 6 3 9 4, 3 2 1 , 5 8 4 76 7 , 4 0 3 16 1 , 6 3 2 24 , 8 0 3 ‐ ‐ ‐ 300 ‐ Pr o j e c t e d 20 1 4 5 , 8 3 5 , 9 0 0 17 8 , 8 0 0 11 1 , 8 0 0 11 7 , 0 0 0 31 9 , 0 0 0 89 , 4 0 0 ‐ 8, 7 6 4 , 4 0 0 3, 2 7 1 , 6 0 0 59 3 , 3 0 0 21 8 , 5 0 0 26 , 5 0 0 ‐ ‐ ‐ 300 ‐ 20 1 5 (1 ) 5, 8 9 8 , 7 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 4 9 , 3 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 6 6 , 0 0 9 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 6 8 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 7 6 , 1 2 8 , 1 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 2 8 7 , 2 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 8 6 , 2 5 6 , 6 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 0 6 , 1 0 0 3, 51 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ 20 1 9 6 , 3 9 6 , 5 0 0 16 8 , 0 0 0 98 , 4 0 0 12 2 , 9 0 0 31 6 , 3 0 0 95 , 5 0 0 ‐ 9, 3 2 5 , 1 0 0 3, 5 1 9 , 9 0 0 65 1 , 9 0 0 23 2 , 9 0 0 26 , 8 0 0 ‐ ‐ ‐ 300 ‐ Un d e r Pr o p o s e d Ra t e s Pr o j e c t e d 20 1 4 5 , 8 3 5 , 9 0 0 17 8 , 8 0 0 11 1 , 8 0 0 11 7 , 0 0 0 31 9 , 0 0 0 89 , 4 0 0 ‐ 8, 7 6 4 , 4 0 0 3, 2 7 1 , 6 0 0 59 3 , 3 0 0 21 8 , 5 0 0 26 , 5 0 0 ‐ ‐ ‐ 300 ‐ 20 1 5 5 , 9 3 2 , 7 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 1 8 , 0 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 6 6 , 0 4 2 , 6 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 3 5 , 3 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 7 6 , 1 6 0 , 9 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 5 2 , 8 0 0 3, 27 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 8 6 , 2 8 8 , 6 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 7 0 , 2 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ 20 1 9 6 , 4 2 7 , 5 0 0 16 0 , 1 0 0 89 , 4 0 0 11 1 , 8 0 0 29 2 , 3 0 0 89 , 0 0 0 ‐ 8, 5 8 7 , 7 0 0 3, 2 7 5 , 9 0 0 61 6 , 0 0 0 22 1 , 0 0 0 26 , 1 0 0 ‐ ‐ ‐ 300 ‐ Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s ($ ) Pr o j e c t e d 20 1 4 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 20 1 5 34 , 0 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 1 , 3 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 6 33 , 5 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 2 , 9 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 7 32 , 8 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 4 , 4 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 8 32 , 0 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 5 , 9 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ 20 1 9 31 , 0 0 0 (7 , 9 0 0 ) (9 , 0 0 0 ) (1 1 , 1 0 0 ) (2 4 , 0 0 0 ) (6 , 5 0 0 ) ‐ (7 3 7 , 4 0 0 ) (2 4 4 , 0 0 0 ) (3 5 , 9 0 0 ) (1 1 , 9 0 0 ) (7 0 0 ) ‐ ‐ ‐ ‐ ‐ Pe r c e n t Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s Pr o j e c t e d 20 1 4 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0.00% 20 1 5 0. 5 8 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0.00% 20 1 6 0. 5 6 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0.00% 20 1 7 0. 5 4 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0.00% 20 1 8 0. 5 1 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 1 1 % ‐2. 6 1 % 0.00% 20 1 9 0. 4 8 % ‐4. 7 0 % ‐9. 1 5 % ‐9. 0 3 % ‐7. 5 9 % ‐6. 8 1 % ‐7. 9 1 % ‐6. 9 3 % ‐5. 5 1 % ‐5. 11 % ‐2. 6 1 % 0.00% (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 20 1 5 ba s e l i n e us a g e an d CP I ‐U Cl e a r w a t e r Ga s Sy s t e m | CO S T OF SE R V I C E AN D RA T E ST U D Y BL A C K & VE A T C H | Re c o m m e n d e d Ra t e Ad j u s t m e n t s 34 Ta b l e 4‐4 (C o n t i n u e d ) Re v e n u e s un d e r Ex i s t i n g an d Pr o p o s e d Ra t e s Fi s c a l Ye a r En d i n g Se p t . 30 Sm a l l Co n t r a c t s Me d i u m Co n t r a c t s La r g e Co n t r a c t s St a n d a r d (I S ) NI S A St a n d a r d (I S ) NI S B St a n d a r d (I S ) NI S C St a n d a r d (I S ) NI S D St a n d a r d (I S ) NI S E St a n d a r d (I S ) NI S F St a n d a r d (I S ) NI S G St a n d a r d (I S ) NI S H St a n d a r d (I S ) NI S I St a n d a r d (I S ) NI S J St a n d a r d (IS) NISKStandard (IS) NISLStandard (IS) NISMTotal Hi s t o r i c a l an d Pr o j e c t e d Ga s Re v e n u e s Un d e r Ex i s t i n g Ra t e s Hi s t o r i c a l 20 0 9 3 , 7 7 9 , 6 1 2 1, 4 6 3 , 5 5 3 71 8 , 4 6 9 60 1 , 6 9 6 14 7 , 5 9 5 22 3 , 7 1 8 72 5 , 6 1 7 13 3 , 4 2 6 43 7 , 5 0 0 21 0 , 4 5 1 21 7 , 2 6 0 1, 8 0 1 , 0 2 5 566,896 31,907,175 20 1 0 2 , 2 7 1 , 9 4 8 87 6 , 7 2 1 65 1 , 9 8 7 ‐ 48 2 , 9 0 4 27 3 , 2 5 0 26 3 , 9 2 1 53 6 , 8 8 7 12 9 , 1 0 9 42 7 , 3 2 7 17 9 , 2 4 9 21 2 , 1 5 1 1, 8 1 2 , 5 0 8 385,492 ‐ ‐ 30,148,969 20 1 1 1 , 8 9 6 , 0 2 7 97 4 , 7 9 9 57 4 , 6 4 0 65 , 1 2 7 41 2 , 0 0 2 31 1 , 6 9 8 27 9 , 3 3 9 54 0 , 3 0 7 12 3 , 1 2 4 44 9 , 4 7 7 18 9 , 8 8 8 22 0 , 3 8 5 1, 6 8 4 , 8 4 6 561,571 ‐ ‐ 30,283,467 20 1 2 1 , 0 9 3 , 2 9 9 90 9 , 7 3 7 70 2 , 9 2 7 23 , 8 9 3 33 3 , 2 9 0 29 0 , 5 3 3 28 2 , 8 0 5 59 0 ,1 4 1 10 9 , 8 0 1 38 7 , 0 0 6 19 6 , 8 0 5 25 1 , 8 5 2 1, 6 5 4 , 6 9 6 567,035 ‐ ‐ 30,242,782 20 1 3 1 , 0 1 3 , 5 0 7 91 1 , 4 3 1 36 7 , 7 7 4 10 0 , 8 2 0 81 , 5 8 0 29 0 , 5 5 5 27 8 , 0 2 5 55 8 , 7 3 6 10 8 , 5 6 8 46 0 , 1 8 4 20 1 , 5 4 2 28 3 , 8 5 7 1, 8 2 0 , 1 8 2 342,235 324,869 739,442 32,004,391 Pr o j e c t e d 20 1 4 1 , 0 3 3 , 7 0 0 77 9 , 6 0 0 37 1 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,987,600 20 1 5 (1 ) 1, 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,956,200 20 1 6 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,085,500 20 1 7 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,223,500 20 1 8 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90, 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,370,900 20 1 9 1 , 0 8 5 , 9 0 0 82 0 , 6 0 0 39 2 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 28,529,800 Un d e r Pr o p o s e d Ra t e s Pr o j e c t e d 20 1 4 1 , 0 3 3 , 7 0 0 77 9 , 6 0 0 37 1 , 1 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 20 0 , 6 0 0 28 5 , 5 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,987,600 20 1 5 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,745,800 20 1 6 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 26,873,000 20 1 7 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90, 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,008,800 20 1 8 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,153,900 20 1 9 1 , 0 1 8 , 4 0 0 76 9 , 1 0 0 36 9 , 0 0 0 90 , 6 0 0 ‐ 29 8 , 8 0 0 28 3 , 0 0 0 57 5 , 1 0 0 10 6 , 1 0 0 45 2 , 2 0 0 19 2 , 4 0 0 27 3 , 7 0 0 1, 6 6 5 , 7 0 0 295,100 264,600 759,400 27,310,300 Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s ($ ) Pr o j e c t e d 20 1 4 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 20 1 5 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,210,400) 20 1 6 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,212,500) 20 1 7 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,214,700) 20 1 8 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,217,000) 20 1 9 ( 6 7 , 5 0 0 ) (5 1 , 5 0 0 ) (2 3 , 1 0 0 ) ‐ ‐ ‐ ‐ ‐ ‐ ‐ (8 , 2 0 0 ) (1 1 , 8 0 0 ) ‐ ‐ ‐ ‐ (1,219,500) Pe r c e n t Di f f e r e n c e in Re v e n u e s Be t w e e n Re c o m m e n d e d an d Ex i s t i n g Ra t e s Pr o j e c t e d 20 1 4 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 5 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 6 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 7 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 8 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 20 1 9 ‐6. 2 2 % ‐6. 2 8 % ‐5. 8 9 % 0 . 0 0 % 0. 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % ‐4. 0 9 % ‐4. 1 3 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % 0 . 0 0 % (1 ) Be g i n n i n g in 20 1 5 ex i s t i n g ra t e s in c l u d e th e no n ‐we a t h e r re l a t e d po r t i o n of th e UI A ro l l e d ‐in an d th e UI A is re s e t to 201 5 ba s e l i n e us a g e an d CP I ‐U Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Recommended Rate Adjustments 35 Table 4‐5 Comparison of Residential Bills with Recommended Rates to Progress Energy Line Description CGS(1)Duke Energy Difference $Percent $/Therm$/kWh 1Total Rate 1.700.13702 2Estimated Energy Consumption ThermskWh 3 Heating(2)150 2,250 4Hot Water 170 5,000 5Cooking 45 2,000 6Annual Cost 7Heating 255.00$ 308.30$ (53.30)$ ‐17.3% 8Hot Water 289.00 685.10 (396.10) ‐57.8% 9Cooking 76.50 274.04 (197.54) ‐72.08% 10Total620.50$ 1,267.44$ (646.94)$ ‐51.0% (1) Total volumetric rate as of 2nd Quarter 2014 (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace Note: 1 MMBtu equals 293 kWh at 100 percent efficiency. Duke Energy rates are for 1,000 kWh and above. Duke Energy rates source: https://www.duke‐energy.com/rates/progress‐energy‐florida.asp Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Disclaimer 36 5 Disclaimer This report is intended solely for review by City of Clearwater/Clearwater Gas System (hereinafter “Client”). Black & Veatch Corporation (“Black & Veatch”) does not intend that any third party have access to, rely on, or utilize, any of the information enclosed herein. Reliance on the information herein by any such third party would be unreasonable and is strictly prohibited. Black & Veatch owes no duty of care to any third party and none is created by this report. This report was prepared for Client by Black & Veatch and is based on information not within the control of Black & Veatch. Black & Veatch has assumed that the information both verbal and written, provided by others is complete and correct; however, Black & Veatch does not guarantee the accuracy of the information, data, or opinions contained herein. Use of this report, or any information contained therein, by a third party shall constitute a waiver and release of Black & Veatch from and against all claims and liability, including, but not limited to, liability for special, incidental, indirect, or consequential damages, in connection with such use. In addition, use of this report, or any information contained therein by a third party, shall constitute agreement to defend and indemnify Black & Veatch from and against any claims and liability, including, but not limited to, liability for special, incidental, indirect, or consequential damages in connection with such use. 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Clearwater Gas System | COST OF SERVICE AND RATE STUDY BLACK & VEATCH | Appendix A—Recommended Ordinance 37 Appendix A—Recommended Ordinance Ordinance No. 8591‐14 Page 1 ORDINANCE NO. 8591-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHEN SUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 2014 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since January 1, 2011; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, Ordinance No. 8591‐14 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required. If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas division. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. Tapping of all gas mains and service connections shall be done by the gas division or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city Ordinance No. 8591‐14 Page 3 property shall be maintained by the gas division and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. The gas division shall have the right to meter any and all gas service lines. The gas division alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e. not expected to be enclosed by fencing or hedges. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS Ordinance No. 8591‐14 Page 4 at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. The gas division reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas system located on the premises. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. Ordinance No. 8591‐14 Page 5 (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas System retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Managing Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): Ordinance No. 8591‐14 Page 6 (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $95.00 Ordinance No. 8591‐14 Page 7 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.38 Minimum monthly bill . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.34 Minimum monthly bill . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Ordinance No. 8591‐14 Page 8 Minimum monthly bill . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): Firm natural gas service for domestic gas air conditioning, combined heat & power (CHP) systems, and/or other emerging technology systems in all residences of three (3) units or fewer where the applicable load is separately metered. Ordinance No. 8591‐14 Page 9 Monthly customer charge.... $ 12.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $0.20 Minimum monthly bill.... $ 12.00 at the premise on a firm rate schedule (k) General natural gas air conditioning/emerging technology service (rate GAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0--149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per year and the applicable load is separately metered. Monthly customer charge.... $ 25.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.15 Minimum monthly bill.... $ 25.00 at the premise on a firm rate schedule (l) Large natural gas air conditioning/emerging technology service (rate LAC): Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicable load is separately metered. Ordinance No. 8591‐14 Page 10 Monthly customer charge.... $ 40.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.10 Minimum monthly bill.... $ 40.00 at the premise on a firm rate schedule (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas and ways. Service may be either metered or estimated at the sole discretion of the gas system. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. Monthly customer charge . . . . $20.00 Non-fuel energy charge, per therm . . . . $0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . $20.00 Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual Ordinance No. 8591‐14 Page 11 customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow Ordinance No. 8591‐14 Page 12 measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . $50.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Ordinance No. 8591‐14 Page 13 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1—60 $1.80 $225.00 2 60.1--120 $1.60 $180.00 3 120.1--300 $1.00 $90.00 4 >300 $0.90 $75.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1 – 60.0 $1.80 $210.00 Ordinance No. 8591‐14 Page 14 2 60.1—120 $1.60 $150.00 3 120.1 - 300 $0.90 $75.00 4 >300 $0.80 $60.00 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0--2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge: Ordinance No. 8591‐14 Page 15 Per gallon . . . . $1.90 Minimum monthly bill . . . . $12.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $0.30 Minimum monthly bill . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . $40.00 Non-fuel energy charge: Per gallon . . . . $0.25 Minimum monthly bill . . . . $40.00 Ordinance No. 8591‐14 Page 16 (i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Ordinance No. 8591‐14 Page 17 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008. Monthly customer charge . . . . $50.00 Non-fuel energy charge: Per gallon . . . . $1.00 Minimum monthly bill . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. Annual customer charge . . . . $420.00 Non-fuel energy charge: Per gallon . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient Ordinance No. 8591‐14 Page 18 appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Ordinance No. 8591‐14 Page 19 Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . . $0.85 Propane (LP) gas rate schedule PGA: Per gallon . . . . $2.12 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate Ordinance No. 8591‐14 Page 20 schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System Managing Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the Gas System Managing Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $0.14 Propane (LP) Gas Rate Schedule ECA: Per gallon . . . . $0.14 Ordinance No. 8591‐14 Page 21 The above ECA rates are as currently approved for October 2014. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas System by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 Propane (LP) gas rate schedule RIA: Per gallon . . . . $0.12 The above RIA rates are as currently approved for October 2014. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas System by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- Ordinance No. 8591‐14 Page 22 contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to changes in use per customer from the test year values as set in the 2014 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . . $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00 for Residential and . . . . . . . . . . . . . . . . . . . . . . . $0.00 for Commercial The above UIA rates are as currently approved for October 2014. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is September 2014 Gas Rate Study projected index of 239.702) Residential Use per customer based on annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and Ordinance No. 8591‐14 Page 23 other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00 Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95.00 for up to 4 appliances. Added appliances, per each, add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 Ordinance No. 8591‐14 Page 24 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights) . . . $80.00 Replace broken stop or locks on meters . . . . Time and materials Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials Relocate gas meter . . . . Time and materials Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-off Residential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 Standard “Time and Materials” for Service and Repair, Installation, or other work performed by CGS personnel plus materials: 1 person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2 person crew . . . $195 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $75.00 for the trip if no labor is performed or if the customer does not show for an appointment. Ordinance No. 8591‐14 Page 25 The above Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and time charges Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $45.00 Gas meter test at customer request- if results are within limits (per meter) . . . . $150.00 Reset residential gas meter after same customer requests removal (per meter) . . . $150.00 Unauthorized meter bypass or hookup . . . . Time and materials plus ten percent of the average monthly bill for each day since last reading deemed to be accurate Emergency response for non-Clearwater Gas System consumers or other utilities . . . . Time and materials Ordinance No. 8591‐14 Page 26 Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master-metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials Collector fee, See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) - Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $50.00 trip charge if the customer requests delivery for the next business day or requests a scheduled delivery for fewer than 4 business days, $75.00 trip charge for same business day delivery for requests received by 12:00 Noon, or Ordinance No. 8591‐14 Page 27 $150.00 trip charge for same day delivery service requests after 12:00 Noon and before operational hours end at 3:30 pm, or $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required, (CGI). A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs……………………….Time & Materials Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas System service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas System and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to Ordinance No. 8591‐14 Page 28 repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: Ordinance No. 8591‐14 Page 29 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main line extension construction feasibility. The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installed for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility Ordinance No. 8591‐14 Page 30 formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of equipment to natural gas. The Clearwater Gas System will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make- up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas System for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas System to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish Ordinance No. 8591‐14 Page 31 such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas System (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System Managing Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason 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 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after November 1, 2014. Ordinance No. 8591‐14 Page 32 PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [MU14-2064-047/155612/1]1 Ordinance No. 8591-14 ORDINANCE NO. 8591-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHENSUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERSIN ACCORDANCE WITH THE 2014 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since January 1, 2011; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, [MU14-2064-047/155612/1]2 Ordinance No. 8591-14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330.Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331.Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of thecustomer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC“Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332.Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required. If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas division. Sec. 32.333.Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334.Tapping and connection. Tapping of all gas mains and service connections shall be done by the gas division or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city [MU14-2064-047/155612/1]3 Ordinance No. 8591-14 property shall be maintained by the gas division and may be removed or changed by it at any time.Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGSare permitted to turn on gas and initiate service. Sec. 32.335.Maintenance of meters and service lines. The gas division shall have the right to meter any and all gas service lines. The gas division alone shall have the right to stipulate the size, type, make and location of meters,type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336.Metersand LP TankLocationsand delivery pressure. Gas service will be delivered to the customer for each premise at one(1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e. not expected to be enclosed by fencing or hedges. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tankand operation of the gas shutoff valve, and shall be protected from corrosion and other damage.The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be madeincluding potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS [MU14-2064-047/155612/1]4 Ordinance No. 8591-14 at either eleven (11) inches water column (approximately 3/8 PSI)or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337.Status of gas quantity recorded. The quantity of gas recorded by the meter shallbe conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338.Testing. The gas division reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339.Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas system located on the premises. The customer shall notify the city of any damage to or any failure of the meteror service line. Sec. 32.340.Authority to turn on gas. (1) Generally.It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections.A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. [MU14-2064-047/155612/1]5 Ordinance No. 8591-14 (3) Open meter bypass servicing.A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks.A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341.Responsibilityfor gas in service lines. The Cityis responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier,to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment salesare all competitive services rendered in the market place by other providers. Clearwater Gas System retains the sole right to elect where and when to provide these optional services at the sole discretionof the CGS Managing Director. At any time, CGSmay elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A –Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): [MU14-2064-047/155612/1]6 Ordinance No. 8591-14 (1)Natural gas service rates.The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a)Residential natural gas service (rate RS):Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $12.00 (b)Small multi-family residential service (rate SMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $25.00 (c)Medium multi-family residential service (rate MMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of fou r units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $40.00 (d)Large multi-family residential service (rate LMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . $95.00 [MU14-2064-047/155612/1]7 Ordinance No. 8591-14 (e)Small natural gas general service (rate SGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $25.00 (f)Medium natural gas general service (rate MGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.38 Minimum monthly bill . . . . $40.00 (g)Large natural gas general service (rate LGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.34 Minimum monthly bill . . . . $95.00 (h)Interruptible natural gas service (rate IS):Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 [MU14-2064-047/155612/1]8 Ordinance No. 8591-14 Minimum monthly bill . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (i)Contract natural gas service (rate CNS):Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rateswith special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....The same as the normally applicable service class Non-fuel energy charge....Per therm as established by contract Minimum monthly bill....Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Residential natural gas air conditioning/emerging technologyservice (rate RAC):Firm natural gas service for domestic gas air conditioning,combined heat & power (CHP) systems, and/or other emerging technology systemsin all residences of three (3) units or fewer where the applicableload is separately metered. [MU14-2064-047/155612/1]9 Ordinance No. 8591-14 Monthly customer charge....$ 12.00only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$0.20 Minimum monthly bill....$ 12.00at the premise on a firm rate schedule (k)General natural gas air conditioning/emerging technologyservice (rate GAC):Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 0--149 tons or the projected CHP/emerging technology load is 0 –17,999 therms per year and the applicableload is separately metered. Monthly customer charge....$ 25.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$ 0.15 Minimum monthly bill....$ 25.00 at the premise on a firm rate schedule (l)Large natural gas air conditioning/emerging technologyservice (rate LAC):Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systems for all commercial, industrial, and residential applications of 4 or more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or more and the applicableload is separately metered. [MU14-2064-047/155612/1]10 Ordinance No. 8591-14 Monthly customer charge....$ 40.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$0.10 Minimum monthly bill....$ 40.00 at the premise on a firm rate schedule (m)Natural gas street lighting service (rate SL):Natural gas service for lighting of public areas and ways. Service may be either metered or estimated at the sole discretion of the gas system. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. Monthly customer charge . . . . $20.00 Non-fuel energy charge, per therm . . . . $0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . $20.00 Plus any applicable facilitiescontract charges (n)Contract natural gas transportation service (rate CTS):Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual [MU14-2064-047/155612/1]11 Ordinance No. 8591-14 customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge....Per thermas established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill....Monthly customer charge plus the non- fuel therm ratefor a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o)Natural gas vehicle service (rate NGV):Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed underthe customer’s normal rate applicable tothe premise, but a separate meter may be requested by the customer to allow [MU14-2064-047/155612/1]12 Ordinance No. 8591-14 measurement for federal or state excise tax creditpurposes. Where anadditional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasolineor diesel." (p)Natural gas emergency generator or other standby service (rate NSS):Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . $50.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2)Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year round, whole house water heating as a minimum criteria for qualifying for service. (a)Residential Bulk Propane Gas Service (Rate BRLP):Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. [MU14-2064-047/155612/1]13 Ordinance No. 8591-14 Usage ClassAnnual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1—60$1.80 $225.00 2 60.1--120 $1.60 $180.00 3 120.1--300 $1.00 $90.00 4 >300 $0.90 $75.00 (b)Residential "Will Call" Propane Gas Service (Rate WRLP:Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer callswith a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1 –60.0$1.80 $210.00 [MU14-2064-047/155612/1]14 Ordinance No. 8591-14 2 60.1—120$1.60 $150.00 3 120.1 -300 $0.90 $75.00 4 >300 $0.80 $60.00 (c)Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $12.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$12.00 (d)Commercial Propane Gas Service (Rate BCLP):Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage ClassAnnual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0--2500$0.25 $90.00 2 >2500 $0.20 $90.00 (e)Residential Metered Propane Gas Service (Rate MRLP):Metered delivered LP service for all domestic uses in all residences of three (3) or fewer. Monthly customer charge . . . . $12.00 Non-fuel energy charge: [MU14-2064-047/155612/1]15 Ordinance No. 8591-14 Per gallon . . . . $1.90 Minimum monthly bill . . . . $12.00 (f)Multi-family Metered Propane Gas Service (Rate MMLP):Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) unitsor more. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $25.00 (g)General Metered Propane Gas Service (Rate MGLP):Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $0.30 Minimum monthly bill . . . . $25.00 (h)Large Metered Propane Gas Service (Rate MLLP):Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . $40.00 Non-fuel energy charge: Per gallon . . . . $0.25 Minimum monthly bill . . . . $40.00 [MU14-2064-047/155612/1]16 Ordinance No. 8591-14 (i)Contract Propane Gas Service (Rate CLP):Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Propane (LP) Gas Vehicle Service (Rate LPV):Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be ona separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill.Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. [MU14-2064-047/155612/1]17 Ordinance No. 8591-14 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k)Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008. Monthly customer charge . . . . $50.00 Non-fuel energy charge: Per gallon . . . . $1.00 Minimum monthly bill . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l)Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note:This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. Annual customer charge . . . . $420.00 Non-fuel energy charge: Per gallon . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (m)Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install amoreenergy efficient appliance or appliances while a customer of CGS and thiscauses theirusageto drop, such that their UsageClass wouldchange thereby increasingthe Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient [MU14-2064-047/155612/1]18 Ordinance No. 8591-14 appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure thatthe customer is not adversely impacted for such energy efficient installation. (3)Other gas charges.The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a)Facilities contract charge (rider FCC):A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges....A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based onthe CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges....A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. [MU14-2064-047/155612/1]19 Ordinance No. 8591-14 Public fill station facilities charge....A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b)Purchased gas adjustment (rider PGA):A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.95 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . .$0.85 Propane (LP) gas rate schedule PGA: Per gallon . . . .$2.12 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 2014. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in orderto recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved bythe City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the thermssold to all of the natural gas firm rate [MU14-2064-047/155612/1]20 Ordinance No. 8591-14 schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classesof natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shallbe credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates ---Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas SystemManaging Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c)Energy conservation adjustment (rider ECA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the Gas System Managing Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . $0.14 Propane (LP) Gas Rate Schedule ECA: Per gallon . . . . $0.14 [MU14-2064-047/155612/1]21 Ordinance No. 8591-14 The above ECA rates are as currently approved for October 2014. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustmentin the ECA rate will be made at the discretion of the City Manager or designee. (d)Regulatory imposition adjustment (rider RIA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas System by federal, state or local regulatory agencies. The RIA will notbe applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.12 Propane (LP) gas rate schedule RIA: Per gallon . . . . $0.12 The above RIA rates are as currently approved for October 2014. Note that this RIA rider incorporatesthe formerEnvironmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includesOther Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas System by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect theover or under recovery of these RIA costs at the discretion of the City Manager or designee. (e)Usage and Inflation adjustment (rider UIA):A rider applicable to all standard non-contract natural gas therm rates and standard non- [MU14-2064-047/155612/1]22 Ordinance No. 8591-14 contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to changes in use per customer from the test year values as set in the 2014 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . . $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00for Residential and . . . . . . . . . . . . . . . . . . . . . . . $0.00 for Commercial The above UIA rates are as currently approved for October 2014. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basisisSeptember 2014Gas Rate Study projected index of239.702) Residential Use per customer based on annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f)Franchise and other city/county fees recovery clause (rate FFR):A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or otherimpositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and [MU14-2064-047/155612/1]23 Ordinance No. 8591-14 other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent(6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g)Tax clause (TAX -Various):All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h)Other miscellaneous gas charges:The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00 Meter turn-on residential, same day as requested by customer by 12:00 Noon (per account for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95.00 for up to 4 appliances. Added appliances, per each,add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpaymentsdisconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances, per each, add … $20.00 [MU14-2064-047/155612/1]24 Ordinance No. 8591-14 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights). . . $80.00 Replace broken stop or locks on meters . . . . Time and materials Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials Relocate gas meter . . . . Time and materials Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day orbeyond as requested by the customer (per account) . . . . $50.00 Turn-on or Turn-offResidential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 Standard “Time and Materials” for Service and Repair, Installation, or otherwork performed by CGS personnel plus materials: 1 person crew . . . $125.00 for Trip Charge andup to 1 hour of labor plus $25.00 for each additional time on- site/quarter hour or portion thereof. . Minimum charge is $50.00for the tripif no labor is performed or if the customer does not show for an appointment. 2 person crew . . . $195 for Trip Chargeand up to 1 crew hour of laborplus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is $75.00 for the trip if no labor is performed or if the customer does not show for an appointment. [MU14-2064-047/155612/1]25 Ordinance No. 8591-14 The above Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and time charges Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $45.00 Gas meter test at customer request-if results are within limits (per meter) . . . . $150.00 Reset residential gas meter after same customer requests removal (per meter) . . . $150.00 Unauthorized meter bypass or hookup . . . . Time and materials plus ten percent of the average monthly bill for each day since last reading deemed to be accurate Emergency response for non-Clearwater Gas System consumers or other utilities . . . . Time and materials [MU14-2064-047/155612/1]26 Ordinance No. 8591-14 Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the undergroundtank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandonedon-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meteroutlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating;any related repairs to the customer facilities or master-metered gas distribution systems as required by regulationas well asany work requiredto correct deficienciesorany work requiredto move facilities. . . . Time and materials Collector fee, See Appendix A -Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) -Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $50.00 trip charge if the customer requests delivery for the next business day or requests a scheduled delivery for fewer than 4 business days, $75.00 trip charge for same business day deliveryfor requests received by 12:00 Noon, or [MU14-2064-047/155612/1]27 Ordinance No. 8591-14 $150.00 trip charge for same day deliveryservice requests after 12:00 Noonand before operational hours end at 3:30 pm, or $250.00 trip charge forall“call out” fills received after 3:30 pm on normal operational days, or on holidays, or onweekends. Trip charges will be applied even if LPtank is inaccessible or customer is not present when required, (CGI). A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request deliverycharges will also apply. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs……………………….Time & Materials Special seasonal gas turn-on....The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas System service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas System and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to [MU14-2064-047/155612/1]28 Ordinance No. 8591-14 repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies:The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a)Uniformity of rate and service application:To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b)Contract rate level determination:It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternateenergy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c)Rate schedule reductions or minor changes:The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d)Main and service extension construction feasibility:Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: [MU14-2064-047/155612/1]29 Ordinance No. 8591-14 1.Design considerations.The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2.Main line extension construction feasibility.The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3.Service line extensions.The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installed for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility [MU14-2064-047/155612/1]30 Ordinance No. 8591-14 formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4.Customer contribution required.If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5.Conversion of equipment to natural gas.The Clearwater Gas System will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make- up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliancesplus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas System for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6.Relocation of gas service facilities.When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas System to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish [MU14-2064-047/155612/1]31 Ordinance No. 8591-14 such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7.Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas System (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System Managing Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason 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 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoptionand shall be applicable to all gas bills and services rendered on or after November1, 2014. [MU14-2064-047/155612/1]32 Ordinance No. 8591-14 PASSED ON FIRST READING_____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [MU14-2064-047/155615/1]1 Ordinance No 8591- 14 ORDINANCE NO. 8591-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, PROVIDING FOR DELIVERY OF GAS AT VARYING PRESSURES, PROVIDING FOR DISCRETION BY CLEARWATER GAS SYSTEM IN PROVIDING CERTAIN OPTIONAL SERVICES WHENSUCH SERVICES ARE AVAILABLE COMPETITVELY IN THE MARKETPLACE; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERSIN ACCORDANCE WITH THE 2014 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to clarify that it utilizes subcontractors in the course of providing gas services; and WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since January 1, 2011; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, [MU14-2064-047/155615/1]2 Ordinance No 8591- 14 BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330.Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331.Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC“Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332.Application for service. An application for gas service shall be filed with the gas division, whether or not a building permit is required. If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with the gas division. Sec. 32.333.Permit. See city gas code, as adoptedby section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334.Tapping and connection. Tapping of all gas mains and service connections shall be done by the gas division or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city [MU14-2064-047/155615/1]3 Ordinance No 8591- 14 property shall be maintained by the gas division and may be removed or changed by it at any time.Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities, and have attained a successful final gas inspection. Only CGS employees and contractually- approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335.Maintenance of meters and service lines. The gas division shall have the right to meter any and all gas service lines. The gas division alone shall have the right to stipulate the size, type, make and location of meters,type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336.Metersand LP TankLocationsand delivery pressure. Gas service will be delivered to the customer for each premise at one(1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e. not expected to be enclosed by fencing or hedges. Each gas meter and service regulator and propane (LP) tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tankand operation of the gas shutoff valve, and shall be protected from corrosion and other damage.The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ pounds per square inchPSI) and for propane (LP) from the tank is [MU14-2064-047/155615/1]4 Ordinance No 8591- 14 established at the option of CGS at eithereleven (11) inches water column (approximately 3/8 pounds per square inchPSI)or 2 PSI. An optional delivery pressure above the standard must may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337.Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338.Testing. The gas division reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer; provided, however, that the meter in question has not been tested by the city within the previous two years. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339.Tampering with. No person other than an agent of the city shall remove, inspect or alter the gas meter or any other part of the gas system located on the premises. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340.Authority to turn on gas. (1) Generally.It shall be unlawful for any person other than a CGS employee or a specifically designated and approvedagent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections.A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas [MU14-2064-047/155615/1]5 Ordinance No 8591- 14 meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing.A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks.A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341.Responsibilityfor gas in service lines. The Cityis responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier,to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. Clearwater Gas System retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Managing Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A –Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): [MU14-2064-047/155615/1]6 Ordinance No 8591- 14 (1)Natural gas service rates.The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a)Residential natural gas service (rate RS):Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . $10.0012.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $10.0012.00 (b)Small multi-family residential service (rate SMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $25.00 (c)Medium multi-family residential service (rate MMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of fou r units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $40.00 (d)Large multi-family residential service (rate LMF):Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.480.44 Minimum monthly bill . . . . $95.00 [MU14-2064-047/155615/1]7 Ordinance No 8591- 14 (e)Small natural gas general service (rate SGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.460.42 Minimum monthly bill . . . . $25.00 (f)Medium natural gas general service (rate MGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.400.38 Minimum monthly bill . . . . $40.00 (g)Large natural gas general service (rate LGS):Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.340.34 Minimum monthly bill . . . . $95.00 (h)Interruptible natural gas service (rate IS):Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge . . . . $250.00 [MU14-2064-047/155615/1]8 Ordinance No 8591- 14 Non-fuel energy charge, per therm . . . . $0.2800.24 Minimum monthly bill . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (i)Contract natural gas service (rate CNS):Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rateswith special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....The same as the normally applicable service class Non-fuel energy charge....Per therm as established by contract Minimum monthly bill....Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Residential natural gas air conditioning/emerging technologyservice (rate RAC):Firm natural gas service for domestic gas air conditioning,combined heat & power (CHP) systems, and/or other emerging technology systemsin all residences of three (3) units or [MU14-2064-047/155615/1]9 Ordinance No 8591- 14 fewer where the gas air conditioningapplicableload is separately metered. Note: This rate is closed for new customer applications and is only applicable for residential customers on RAC service as of December 31, 2008. New residential air conditioning applications on or after January 1, 2009, will be handled as added services on the standard RS rate application. Monthly customer charge....$ 10.0012.00only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$0.20 Minimum monthly bill....$ 10.0012.00at the premise on a firm rate schedule (k)General natural gas air conditioning/emerging technologyservice (rate GAC):Firm natural gas air conditioning, combined heat & power (CHP), and/or other emerging technology systemsservice for all commercial, industrial, and other non-residential applications of 4 or more units where the installed gas air conditioning capacity is 0--149 tons or the projected CHP/emerging technology load is 0 – 17,999 therms per yearand the gas air conditioningapplicable load is separately metered. Monthly customer charge....$ 25.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$ 0.15 Minimum monthly bill....$ 25.00 at the premise on a firm rate schedule (l)Large natural gas air conditioning/emerging technologyservice (rate LAC):Firm natural gas air conditioning, combined heat &power (CHP), and/or other emerging technology systemsservicefor all commercial, industrial, and other non-residential applications of 4 or [MU14-2064-047/155615/1]10 Ordinance No 8591- 14 more units where the installed gas air conditioning capacity is 150 tons or more or the projected CHP/emerging technology load is 18,000 therms per year or moreand the gas air conditioningapplicableload is separately metered. Monthly customer charge....$ 40.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm....$ 0.10 Minimum monthly bill....$ 40.00 at the premise on a firm rate schedule (m)Natural gas street lighting service (rate SL):Natural gas service for lighting of public areas and ways. Service may be either metered or estimated at the sole discretion of the gas system. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. Monthly customer charge . . . . $20.00 Non-fuel energy charge, per therm . . . . $0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional [MU14-2064-047/155615/1]11 Ordinance No 8591- 14 Plus any required equipment/parts Minimum monthly bill . . . . $20.00 Plus any applicable facilitiescontract charges (n)Contract natural gas transportation service (rate CTS):Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly customer charge....As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge....Per thermas established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill....Monthly customer charge plus the non- fuel therm ratefor a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o)Natural gas vehicle service (rate NGV):Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by Clearwater Gas System. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal constructionfeasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered [MU14-2064-047/155615/1]12 Ordinance No 8591- 14 and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at ratessimilarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed underthe customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax creditpurposes. Where anadditional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasolineor diesel." (p)Natural gas emergency generator or other standby service (rate NSS):Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . $50.00 Non-fuel energy charge, per therm . . . . $0.460.42 Minimum monthly bill . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2)Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year round, whole house water heating as a minimum criteria for qualifying for service. [MU14-2064-047/155615/1]13 Ordinance No 8591- 14 (a)Residential Bulk Propane Gas Service (Rate BRLP):Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage ClassAnnual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 00.1—60 $1.80 $210.00225.00 2 60.1--120 $1.60 $180.00 3 120.1--300 $1.00 $90.00 4 >300 $0.90 $75.00 (b)Residential "Will Call" Propane Gas Service (Rate WRLP:Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer callswith a “Will Call” fill request on Monday, then we will fill no later than the following Friday. [MU14-2064-047/155615/1]14 Ordinance No 8591- 14 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $350.00 1 0.1 –60.0$1.80 $210.00 12 060.1—120 $1.60 $150.00 23 >120.1-300 $0.90 $75.00 4 >300 $0.80 $60.00 (c)Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . $10.0012.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . .$10.0012.00 (d)Commercial Propane Gas Service (Rate BCLP):Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage ClassAnnual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0--2500$0.25 $90.00 [MU14-2064-047/155615/1]15 Ordinance No 8591- 14 2 >2500 $0.20 $90.00 (e)Residential Metered Propane Gas Service (Rate MRLP):Metered delivered LP service for all domestic uses in all residences of three (3) or fewer. Monthly customer charge . . . . $10.0012.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $10.0012.00 (f)Multi-family Metered Propane Gas Service (Rate MMLP):Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $1.90 Minimum monthly bill . . . . $25.00 (g)General Metered Propane Gas Service (Rate MGLP):Metered delivered LP service for all commercial, industrial, and other applications whereno other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge . . . . $25.00 Non-fuel energy charge: Per gallon . . . . $0.30 Minimum monthly bill . . . . $25.00 (h)Large Metered PropaneGas Service (Rate MLLP):Metered delivered LP service for all commercial, industrial, and other [MU14-2064-047/155615/1]16 Ordinance No 8591- 14 applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . $40.00 Non-fuel energy charge: Per gallon . . . . $0.25 Minimum monthly bill . . . . $40.00 (i)Contract Propane Gas Service (Rate CLP):Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of December 31, 2008, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued and the customer will be moved to the applicable standard rate unless a new contract is executed. (j)Propane (LP) Gas Vehicle Service (Rate LPV):Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be ona separate account servicing exclusively fleet fueling facilities. [MU14-2064-047/155615/1]17 Ordinance No 8591- 14 Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill.Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k)Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note: This rate is closed for new residential customer applications and is only applicable for residential customers on LPSM service as of December 31, 2008. Monthly customer charge . . . . $50.00 Non-fuel energy charge: Per gallon . . . . $1.00 Minimum monthly bill . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l)Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB):LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year round purposes. Note:This rate is closed for new residential customer applications and is only applicable for residential customers on LPSB service as of December 31, 2008. Annual customer charge . . . . $420.00 Non-fuel energy charge: [MU14-2064-047/155615/1]18 Ordinance No 8591- 14 Per gallon . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. (m)Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install amoreenergy efficient appliance or appliances while a customer of CGS and thiscauses theirusageto drop, such that their UsageClass wouldchange thereby increasingthe Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure thatthe customer is not adversely impacted for such energy efficient installation. (3)Other gas charges.The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (a)Facilities contract charge (rider FCC):A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges....A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based onthe CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. [MU14-2064-047/155615/1]19 Ordinance No 8591- 14 Time-limited FCC charges....A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge....A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b)Purchased gas adjustment (rider PGA):A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . $0.870.95 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . .$0.790.85 Propane (LP) gas rate schedule PGA: [MU14-2064-047/155615/1]20 Ordinance No 8591- 14 Per gallon . . . .$1.872.12 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for October 20102014. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in orderto recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved bythe City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the thermssold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classesof natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shallbe credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates ---Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas SystemManaging Director annually based on historical costs and will be approved by the City Manager or [MU14-2064-047/155615/1]21 Ordinance No 8591- 14 designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c)Energy conservation adjustment (rider ECA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System as approved by the Gas System Managing Director. The ECA will not be applied to interruptible natural gas or othernon-standard contract rates, except for that portion of ECA, which is collected as a part of the PGA, which may be up to one-half of the annual average ECA billing rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm .. . . $0.100.14 Propane (LP) Gas Rate Schedule ECA: Per gallon . . . . $0.100.14 The above ECA rates are as currently approved for October 20102014. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, includingenergy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in theECA rate will be made at the discretion of the City Manager or designee. (d)Regulatory imposition adjustment (rider RIA):A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on the Clearwater Gas System by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: [MU14-2064-047/155615/1]22 Ordinance No 8591- 14 Natural Gas Rate Schedule RIA, per therm . . . . $0.000.12 Propane (LP) gas rate schedule RIA: Per gallon . . . . $0.000.12 The above RIA rates are as currently approved for October 20102014. Note that this RIA rider incorporatesthe former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on the Clearwater Gas System by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect theover or under recovery of these RIA costs at the discretion of the City Manager or designee. (e)Usage and Inflation adjustment (rider UIA):A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to changes in use per customer from the test year values as set in the 20082014 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential and . . . . $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . .$0.00for Residential and . . . . . . . . . . . . . . . . . . . . . . . $0.00 for Commercial The above UIA rates are as currently approved for October 20102014. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basisisSeptember 20092014Gas Rate Study projected index of 239.702) [MU14-2064-047/155615/1]23 Ordinance No 8591- 14 Residential Use per customer based on annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f)Franchise and other city/county fees recovery clause (rate FFR):A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%)payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g)Tax clause (TAX -Various):All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h)Other miscellaneous gas charges:The following charges are applicable whenever applicable gas services are rendered the customer: [MU14-2064-047/155615/1]24 Ordinance No 8591- 14 Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $50.00 Meter turn-on residential, same day as requested by customer by 12:00 Noon (peraccount for new customers, seasonal reconnects, and after non-payment disconnect including turn-on of pilot lights) . . . $75.00 Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . $95.00 for up to 4 appliances. Added appliances, per each,add … $10.00 Meter turn-on commercial/industrial, same day as requested by customer by 12:00 Noon and with the approval of the local fire marshal as required (per account for new customers, seasonal reconnects, and after nonpayments disconnect including turn-on of pilot lights) . . . $190.00 for up to 4 appliances. Added appliances,per each, add … $20.00 Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot lights) . . . . $40.00 Meter read for commercial/industrial account change (no meter turn- on required but may include turn on of gas pilot lights). . . $80.00 Replace broken stop or locks on meters . . . . Time and materials Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials Relocate gas meter . . . . Time and materials Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials Turn-on or Turn-off Residential gas pilot lights only on next business day orbeyond as requested by the customer (per account). . . . $50.00 Turn-on or Turn-offResidential gas pilot lights only on same day if requested by the customer by 12:00 Noon . . . $75.00 [MU14-2064-047/155615/1]25 Ordinance No 8591- 14 Turn-on or Turn-off Commercial gas pilot lights only on next business day or beyond as requested by the customer (per account) . . . . $95.00 Turn-on or Turn-off Commercial gas pilot lights only on same day service if requested by the customer by 12:00 Noon . . . $190.00 Standard “Time and Materials” for Service and Repair, Installation, or otherwork performed by CGS personnel plus materials: 1 person crew . . . $125.00 forTrip Charge andup to 1 hour of laborof $50.00plus $25.00 for each additionaltime on- site/quarter hour or portion thereof. . . $25.00. Minimum charge is $50.00 for the tripif no labor is performed or if the customer does not show for an appointment. 2 person crew . . . $195 forTrip Chargeand up to 1 crew hour of laborof $75.00plus $40.00 for each additionaltime on-site/quarter hour or portion thereof. . . . $40.00Minimum charge is $75.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Rates are based on work within the CGS “normal” Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. These “Time Charge Rates” as well as the other fixed miscellaneous charge rates in this section may be reviewed and adjusted from time-to-time with the approval of the City Manager or designee. Additionally, the Gas System Managing Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after [MU14-2064-047/155615/1]26 Ordinance No 8591- 14 operational hours (including same day requests received after 12:00 Noon), weekends, and holidays . . . . Double normal Trip and time charges Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours (including same day requests received after 12:00 Noon), weekends, and holidays. . . . Double same day charge Special meter reading at customer request including billing inquiries where reading is determined to be accurate (per account). . . $45.00 Gas meter test at customer request-if results are within limits (per meter) . . . . $150.00 Reset residential gas meter after same customer requests removal (per meter) . . . $150.00 Unauthorized meter bypass or hookup . . . . Time and materials plus ten percent of the average monthly bill for each day since last reading deemed to be accurate Emergency response for non-Clearwater Gas System consumers or other utilities . . . . Time and materials Propane Fuel recovery and ownership of L.P. gas from tank . . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the undergroundtank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandonedon-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meteroutlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating;any related repairs to the customer facilities or master-metered gas distribution systems as required by regulationas well asany work requiredto [MU14-2064-047/155615/1]27 Ordinance No 8591- 14 correct deficienciesorany work requiredto move facilities. . . . Time and materials Collector fee, See Appendix A -Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed appointment (CGI) -Customer not present at time as arranged or equipment not accessible. Applicable miscellaneous gas charges (overtime surcharges may apply). Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $50.00 trip charge if the customer requests delivery for the next business day or requests a scheduled delivery for fewer than 4 business days, $75.00 trip charge for same business day deliveryfor requests received by 12:00 Noon, or $150.00 trip charge for same day deliveryservice requests after 12:00 Noonand before operational hours end at 3:30 pm, or $250.00 trip charge forall“call out” fills received after 3:30 pm on normal operational days, or on holidays, or onweekends. Trip charges will be applied even if LPtank is inaccessible or customer is not present when required, (CGI). A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request deliverycharges will also apply. Leak investigation (make safe only) . . . . . . . . .. . . . . . . No charge If turn-on of pilots the applicable charges apply Additional repairs……………………….Time & Materials [MU14-2064-047/155615/1]28 Ordinance No 8591- 14 Special seasonal gas turn-on....The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the Clearwater Gas System service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by Clearwater Gas System and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies:The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a)Uniformity of rate and service application:To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. [MU14-2064-047/155615/1]29 Ordinance No 8591- 14 (b)Contract rate level determination:It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternateenergy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate may be based on a net present value calculation over the expected life of the facility. (c)Rate schedule reductions or minor changes:The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d)Main and service extension construction feasibility:Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 1.Design considerations.The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2.Main line extension construction feasibility.The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility [MU14-2064-047/155615/1]30 Ordinance No 8591- 14 Note: The Monthly Customer Charge is not included in the above calculation because it is assumed to cover the cost of meter reading, customer accounting and billing. 3.Service line extensions.The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed “year round” gas equipment (such as water heating, cooking, heating, clothes drying, and lighting) with an estimated minimum annual consumption of two therms per foot of service line required (Note that “Leisure Living” appliance (such as pool/spa heating, fireplaces, and grills) usage will only be counted at ½ of estimated usage and only if combined with a water heater), or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above), excluding “Leisure Living” appliances unless a water heater is installed for daily use. Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency within a period of seven years. 4.Customer contribution required.If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). [MU14-2064-047/155615/1]31 Ordinance No 8591- 14 5.Conversion of equipment to natural gas.The Clearwater Gas System will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make- up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliancesplus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of the Clearwater Gas System for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6.Relocation of gas service facilities.When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires the Clearwater Gas System to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7.Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by Clearwater Gas System (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the Clearwater Gas System Managing Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. [MU14-2064-047/155615/1]32 Ordinance No 8591- 14 Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason 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 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoptionand shall be applicable to all gas bills and services rendered on or after November1, 2014. PASSED ON FIRST READING_____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Clearwater GasSystem 2014GasRateReview2014GasRateReview GasRateStudyGasRateStudy Black & Veatch completed a Cost of Service and Rate Study update for Clearwater Gas System 9/12/2014 Current gas rates and service charges have been effective since January 1, 2011 –3.75 years ObjectivesObjectives Evaluate adequacy of existing rates to meet operational & capital needs Verify current rates are applied correctly Project CGS Financial Position for 2014 –2019 based on current rates Recommend any changes needed Findings/RecommendationsFindings/Recommendations CGS current rates are adequate –Propose $1.2 Million Reduction in Commercial & Industrial base rates –Propose a Revenue Neutral Residential base rate change: $2 increase in Monthly Charge & offset with reduction in Usage (therm) Charges Revise Service labor rate methodology: –Current: Trip charge + ¼ hour rate –Proposed: Trip & up to hour charge + ¼ hr. rate Changes to LP Rates in Lower Brackets OtherRecommendedChangesOtherRecommendedChanges Revise wording of current ordinance throughout to clarify responsibilities & reflect current operating procedures Update recovery factors to roll in Non- Weather portion of Usage & Inflation Adjustment & reflect October 2014 reference levels Clearwater GasSystem Gas Ordinance Changes Proposed Effective November 1, 2014 Gas Ordinance Changes Proposed Effective November 1, 2014 929 0.9 k 5T 00s1 t1Rs rit-czr AdditionalComments: Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Home Addr Z 1c 4• I 1 txi L- zip 33-7 67 Telephone:-123 (5 1 - 51 Cell Phone: I I Office Address: To 3 (r ij1 - Sr' GLE -Li I, , zip 3375 Telephone: `4 B j 51 OZ E -mail Address:CG thi k-4- 19'So a i1L1 How long a resident of Clearwater? L4 / ` Occupation: J3) i iiX 1 (-1 ( "i P .. Employer: 1)00 /lulu/1764 Bou3n1G, IZ J Field of Education: Other Work Experience: 1r3 10L O6y — CiDct Fb£ C S,itx r) - t--( y es If retired, former occupation: Community Activities:l__LS t,J&r?L (4i si 2tcA -L $t t I 'a) oet Cc n2 s S tv,c s . J (J2t 5P>%r T23/t) c Other Interests: 1/M91-WS tM I1 &AL. ; lCLt q-rl -t'c it J 1449 • cof ti , fit, R,2, . J Pam• cGeigiveGAS terFat- O ru)N r u Etie,c3 - r Board Service (current and past): CS) . rN re, 2dem) ( NA-4V n.00 - 11210) OEVE.Loavtqw r ( Board Preference: Signature: Date: z-1 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758 -4748, or drop off yourapplication at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, thisapplication must be accompanied by a copy of one of the following: Current voter registration within citylimits Valid current Florida Drivers' License issued to an address within city limits RECEIVED Declaration of Domicile filed with the city clerkaffirmingresidency within city limits SEP 12 2014 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARDQUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? U 9-1C-s3 g e_dv APPtdLe_ti- t-01 as t a-n.. D cD i gbh . a. i f 1.1.. G[ A) I ( i r-j c-Oco ErDP ,‘) -r— C0 cblc ple,avy 615% Q C)6-c.( c.t / ') T 0_f rq . 2. Have you ever observed a board meetingeither in person or on C -View, the City's TV station? 44 6 E SerA fLt css 3. What background and /or qualifications do youhave that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? 1 1 1'r% G r J (o P&p cic.,SS . Name: C 11(7 t-17.Lr>Pi Board Name: O&M rv 0 10 t Lp M 1J w dtriV9 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Chris o h rJ Anuszkiewicz Home Address: 1007 Mandalay Ave Cl2E-ylater, Telephone: (727) 442-2731 Cell Phone._ (239) 272-7157 Office Address: 3000 Gulf to Bay Blvd, Suite 301 Clearwater, FL Zip 33759 Telephone: (727) 726-6124 E-mail Address: chrisplacemakerdesignstudio.com How long a resident of Clearwater? Moved to Clearwater in 1996 Occupation: Landscape Architect Employer: PlaceMaker Design Studio. LLC Field of Education. MBA, University of Florida B.A. Landscape Architecture, University of Florida If retired, former occupation: MA Community Activities: Munici -al Code Enforcement Board Other Work Experience: HHPR (Portland, Oregon), WilsonMiller, Walt Disney World Other Interests: Runninq, swimming, biking, rjardening, tirne with family. Board Service (current and past): Board Preference: Municipal Code Enforcement Board (Current) Community Development Board Additional Cot s: Owner of Landscape Architecture I Urban Design Firm located in Clearwater Florida. Signature: Date: 9/5/2015 See attached 1st for bos th. quire financial disclosure at time of appointment. Please return this application and board questionnaire to the !dal Records & Legislative Services Department, P. 0, Box 4748, Clearwater, FL 33758-4748, or drop off yourapplication at City Hall, 2nd Floor, 112 S. Osceola Avenue, Note: For boards resuirin, Clearwater residenc this a oneof the following' Current voterregistrationwithin city limits cValidcurrentFloridaDrivers' License issued to an address within city limit s EIVEDRE Declaration of Domicilefiled with the city clerk affirmingresidencywithin city H in i s SEP 08 2014 1 lication must beaccorn,anied b a c OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? Advises council on City's Comp Plan, design reviews, historic applications. rezone requests, and land use plan Have you ever observed a board meeting either in person or on (}-View, the City's TV station? Yes. 3. What background and/or qualifications do you have that you feel would qV8]if« you to serve on this Board? ienoe|nbunnoaa.urbande land architecture, master *k»mninand werni\Un vvlh r 4. Whydo you want to serve on this Board? a ocal busines wner and resident who wishes to be more invo ved in the community. . |vavefnrh environment looks, feels, and is built and I believe my backgiound would be a good additionto the board. Name: ChhstopherJAnuuJkewycz Board Name: community Development Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: Sheila Cole Home Address: OfficeAddress: 670 Island Way #600 Same as home Clearwater Telephone: 727A41.1319 Cell Phone: 727. 744.0151 E- mail: SheMail@tampabay.rr.com How long a resident of Clearwater? 224 years Occupation: Marketing, Web & Graphic Design_ Employer Self Field of Education: Marketing, Journalism, Behavor'ral Science, Art. OtherWork Experience: Executive. Director Chamber of Commerce, Operations Mgr. &H.R. for Suncruz Casinos, Group Motivator in BehavioralScience for tri state Weight Loss Program, Hospice VolunteerCoordinator , Motel Owner/Mgr., If retired, former occupation: retiredas Exec. Dir. from Chamber of Commerce. CommunityActivities: Civic Assoc. Pres., Coalition ofHomeowners Pres. Condo Assoc. Board, Zip 33767 DEP Zip Telephone: 727.744.0151 E -mail Address: info@relativegrafx.com C.H.S Youth Motivator, Founding member: Clearwater Arts Foundation & Clearwater Beach C of C, Coordinator of Christmas Boat Parade, Served (ing) on City Beautification & Code Boards as well as several task force groups. Volunteer for several religious and charitable orgs. Other Interests: DuplicateBridge, Hockey, Books, Local Politics. Board Service (current and past): Board Preference: Beautification Community Development Municipal Code Enforcement MCE Additional Comments: I continueto serve my City as a volunteer and hope to do so for many more years. It's my way to help maintain our quality of life. Signature: Date: November 1, 2011 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & LegislativeServices Department, P. 0. Box 4748, Clearwater, FL 33758 -4748, or drop off yourapplicationat City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is yourunderstanding of theboard's duties and responsibilities? The CDB handlesmatters related to planning and development. Conducts public hearings and decides certain development requeststhat are not within discretion of city staff. Conducts designreview, evaluates historic applications, reviews requests for land use plan changes and rezoning and serves as Local Planning Agency to review and advise Council on the City's Comprehensive Plan. 2. Haveyou everobserved a board meeting either in person or on C -View, theCity's TV station? Yes, to both, many times. 3. What background and /or qualifications do you have that you feel would qualify you to serve on thisBoard? My Municipal Code Board experience gives me familiarity with ourcodes. Having served on both the City Beautification Board and having led theCity's original Arts Council I have an eye to the esthetics of form and space. I havebeen active in redevelopment issues and considermyself a visionary who considers the long term cause and effect of decisions. I am the kind of personwhodoes their 'homework', looks at all sides ofan issue and tries to resolve differences in a mannerthat is acceptable to all parties. 4. Why do you want to serve on this Board? I feel I will bean asset to my City by helping to maintainthe high standards it espouses. Name: SheilaCole Board Name: Community Development Board CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: 711-/k-itYL i Pt % 1---- Home Address: Office Address: L/O 6w-( 8L ,/p 0(w-it/AA I, G-( Oatf' cc- ("I-- Zip .x33 7 7 7 t L Zip -33 7' 7 Telephone: -12-7– % -- 3 8 ° Telephone: 7 Z:7 — % 3 a 3 e) Cell Phone: '7 7 -i c 1 Sf Email Address: C, /-Pry 7 j'Yr'6k How long a residentof Cleannra,ter.1/ Occupation: Ce Employer: C4Pih r,i 2.7 . l-/ 644 f C Field of Education: Other Work Experience: l t err! J r-t°+l' ``_71 t Kcc- eA If retired, former occupation: V p 7 CommunityActivities: Other Interests: f-7//_ ' Board Service (current and past): Board Preference: 8 Additional Comments: e Signed: L. i i j { Date: r See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & LegislativeServices Department, P. O. Box4748, Clearwater; FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current FloridaDrivers' License issued to an address within city limits RECEIVED Declaration of Domicile filed withthecity clerkaffirming residency within city limits JAN 28 28 13 G F1CIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties yand responsibilities? 2_ t ./ 1..0 .' / ,• as_ :'.I' d //t-fifi.LC.X/LC 6)704-42-1-46? .t 1.e`,,/) e 40s-c... eJ ,,, 'c'-_; -e-2 ( /JLC.'4.--e 2. Haveyou ever observed a board meeting either in person or on C-View, the City's TV station? 7.„.0- _ 3. What background and/or qualifications do you have that you feelwould qualify you toserve on thisBoard? 44 ' s61 ci - - 7 ye.- 4--,) c. BUT A Ci, 662,.,,,,,„- 4 i ir er r ,_.f `' AI r 4. Why do you want to serve on this Board? 17 rI r a VI2,47 jecet--,{ Icoyze-rz.e.4„ )4. (4",e_i,, Fice-A--Lic. , j iii, c)2.-64,.. c-6/77 ct-ii l 4tia417/ A ye/ -4-z, ,,,--L-‹--- Name: 7 '-wie ----.. Board Name: 6-:rrn4-7 ---,- ;e4) d c . d FOR ADVISORY BOARDSff 1,,v CITY OF CLEARWATER -APPLICATION FO must be Clearwater resident) Name: I'd L ` 4 6. Home Address: Office Address: C te ,Sc Q a ff 0 " ,110 Zi 1e 1 d !7.,_ - J L_. p Telephone: Telephone; c 7'~1 ',La Phone:. .2 t 42 E-mail Address: di v r " aL A. How long a resident of Clearwater? ' 4 yew Occupation:S( D w at E t. Employer: Utr'I 1 r 4 Field of Education: Other Work Experience: / Rea( bet/e. (o Dana`u ' t nf Ca - ag - 20,..u_eu_sl____ If retired, former occupation: Community Activities: • et S C S o a / O W A/ Other Interests:Q i f w..- __ t.._. ik Board Service (current and past): Board Preference: 1 , 2012 EYZoit 1.c1 ifiSo 7))0C,It 1 i C D a- rx Se o n r 4- , .r a OJ ...S /--.. Additional Comments: It - 1:•--• 1a .') rn .4 I ' J ! . .1.J Ark a! ANN _ Signature: M - ur+. Date: 0a • U See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & LegislativeServices Department, P. O. Box 4748, Clearwater, FL 337584748, or drop off yourapplication at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards re uiring Clearwater resident this a• •lication must be accom•anied b a co. of one of the following: Current voterregistration within citylimits Validcurrent Florida Drivers' License issued to an address within citylimits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? r 0 464nrej ' a 4,, 4 1 41 ———Li! . A I. 1 ' e I l/1/J 1 1 i A / a'aA 1J ry 154 A- I 5 1 4 2. Haveyou everobserved a boardmeeting either in personor on C-View, theCity's TV station? r P k 41 At iPt 3. What background and/or qualifications do you have that you feel would qualifyyouto serve on this Board? r I I r r f r 44 1_e— 5 a 0,.. 4 ° buy / 1 /.ii / r• L.4..,...G, I r , A ICI^ 11iI r 4. Why do you want to serve on this Board? J i i y t..t.i I moo. Name: i L , -f Are, r Board Name: ,''t . 8._03. /d-— - -- Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-540 Agenda Date: 9/29/2014 Status: PassedVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 10.10 SUBJECT/RECOMMENDATION: Appoint one member to the Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2017. SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.) PLACE: MSB Conf. #221 APPTS. NEEDED: 1 STAFF LIAISON: Edward F. Chesney/Engineering THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Robert Peter Stasis - 3256 Fox Hill Drive, 33761 - Original Appointment 9/17/09 (was currently serving 2nd term to expire 9/30/17) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Leann J. DuPont - 11 San Marco Street Unit #605 - 33767 - Retired / p/t Web Administrator 2.Joseph A. Nycz - 2576 Forest Run Ct., 33761 - Retired/Code Enf. Supervisor 3.Ashley Wilson Pimley - 830 Lantana Ave., 33767 - Realtor Zip codes of current members: 1 at 33755 Page 1 City of Clearwater Printed on 12/16/2014 File Number: ID#14-540 1 at 33756 1 at 33761 1 at 33767 Page 2 City of Clearwater Printed on 12/16/2014 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: ,eann J. DuPont Home Address: 11 San Marco Street Unit #6o5 Clearwater Beach, FL Telephone: N/A CeII Phone: 703-963-2797 Must be Clearwater resident) Zip 33767 How long a resident of Clearwater? 4 1/2 years Occupation: " etired & P/Tweb administrator Field of Education: Special education If retired, former occupation: Office Address: hom( RECEIVED SEP 22 2014 OFFICIAL RECORDS AND LEGISLATIVESRVCS DEPT Zip Telephone: E -mail Address: ldupont8o @hotmail.com work from home Employer: MJ Fashions & Gifts, Dunedin Other Work Experience: Landscape company office manager Fairfax, Virginia Community Activities: Chair of condominium Landscape Committee Other Interests: Pilates, swimming, golf, traveling Board Service (current and past): Board Preference: L 1earwater resident citizen member Additional Comments: [look forward to hearing from the committee Signature: Date: 9 -19 -2014 See attached list for boards that require financial disclosure at time of appointment. Pleasereturn this application and board questionnaire to the Official Records & LegislativeServices Department, P. O. Box 4748, Clearwater, FL 33758 -4748, ordrop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration withincity limits Valid, current FloridaDrivers' License issued to an address withincity limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ ['he Environmental Advisory Board listens to resident concerns, researches them & if warranted they presentthe item to theCityCouncil for further action. 2. Have you ever observed a board meeting either in person or on C -View, theCity's TV station? Yes, I have viewed a City Council on TV & alsoone in person during the Citizens' Academy Class in 2013. 3. What background and /or qualifications do you have that you feel would qualify youto serve on this Board? I worked at a Landscape company for 11 years. I chair my condos' Landscape committee, monthly, I attend our open Condo board meetings to see what is going on, I have attended and graduated from the Clearwater Citizens' Academy. 4. Why do you want to serve on this Board? I live on Clearwater Beach so I am interested in beach protection, the dunes, plantings & protective lighting for our sea turtles, among other things. Name: Leann DuPont BoardName: Environmental Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: ©SLA // cz- Home Address Office Address: S77 /JALsr r0 (o1- Zip GG 277 6' Zip Telephone: ` ? 7 7f / 8 / 71 Telephone: Cell Phone: 7)7 6 7' 7 0 92 E -mail Address: How long a resident of Clearwater? Occupation: C 7`/,,Zc-'Y / Employer: Field of Education: Other Work Experience: r.5/0I If retired, former occupation: n4 , Sip&i1_(// -5- CommunityActivities: Other Interests: A47//ife-7 ,f2i J/z / Board Service (current and past): ` Board Preference: 4'' Additional Comments: 1‘177,1 o, Y LQA 1 117 / I / c / 51 (2,14/6 641/ Signature: Date: See ached list for boards that require financial disclosure at time of appointment. Please returnthis application and board questionnaire to the Official Records & LegislativeServices Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this applicationmust be accompanied by a copy of one of the following: Current voter registration within city limits Validcurrent Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of theboard's duties and responsibilities? Ut / 6 T 47 h O,1('7 r CA24 / ; A f /cz=2Yoi 4// , (// -1ii /v- 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? c=r) 0 V' 157Z 3. What background and /or qualifications do you have that you feelwould qualify you to serve on this Board? gidt- ajJ, 4" e / e (16-`m- ,l s ,9 /6c'/,1 -rye' 0,42-A,ey 4. Why do you want to serve on this Board? ., L 1/. : 'c l ir' U >1/1// l d fr ( / CCJ U v 1 fof/-": 6` ius/ 7e-& e-ty67 20 ee.AM/ nOW'n7ibt-> 9471 Oth (10/1/d e4w/ tW67/i2 Name. Of9I Board Name: &TiX Vi ivkivity / ,, ,42dr//2-ra€) i3t.t Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwaterresident) 111 1ey [,cJi ISOi) P,mley/ Home Address: 830 J a,2— a'na_ PrVe. Calmaiafp .!%I mii- zip .33 7<07 Telephone: Cell Phone: 12 7- 6 q - 8 yS-O How long a resident of Clearwater? /D,r /gcr,t,a.J Occupation: a it of - Field of Education: OIito (S-f-ale QrtU l nc'v r'S r;c D TD Lo If retired, former occupation: Community Activities: Office Address: y B rnandaIay ,9vP. ChaA urt- ,i aa(:L zip .3767 Telephone: E -mail Address:. i I l_/# rY. Employer:Ata/v) 9-nt it j P;ccden f Other Work Experience: AALL,/ / L ainit ._zhct!cet wL vB Other Interests: Board Service (current and past): Board Preference: 77 ill on/YJer/ /a//gd & /,Lrdrl, L3' 740C- Additional Comments: a4td e d'e,az.• ,J Of ) Signature: Date: wijL. See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off yourapplication at City Hall, 2nd Floor, 112 S. OsceolaAvenue. Note: For boards requiring Clearwaterresidency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits L-" . t• Validcurrent FloridaDrivers' License issued toan addresswithin citylimits AuG Declaration of Domicile filed withthe city clerkaffirming residency withincity limits 1 s-iy `c 0 a;3 E"iJ fie LEGISLATIVE S bVCs DEPT BOARDQUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 4 (uaA 2. Have you ever observed a board meeting either in person or on C -View, the City's TVstation? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? Pip p e2n f V/iffszli,a a4teol dtci 7161; gait) ,SSac D V ) .l %G GNU Q_iL CAL. p•LD 7L.e D'ZC/u Name: fi,fri l.eLi (n) r 1,5n1.1 p)i rYl Iec' Board Name: Ehyiry N fid(JISOnq 0a/2d-- Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-575 Agenda Date: 10/2/2014 Status: PassedVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.11 SUBJECT/RECOMMENDATION: Change November 20, 2014 Council Meeting Start Time. SUMMARY: Largo Medical Center’s Urgent Care facility at 2339 Gulf to Bay Boulevard will have their Grand Opening on November 20, 2014 from 5:30 p.m. to 7:30 p.m. Councilmembers have been invited to the event. To ensure Council is able to participate in the grand opening ceremony and return to City Hall for the scheduled council meeting, staff is suggesting changing the meeting start time to 6:30 p.m. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/16/2014 ULI Report Next Steps — Bill Jonson Comments 1. Jonson first impression themes in the ULI Report as reported two weeks ago. a. Underlyingthemes beyond implementation strategies i. Communication betweenorganizations and individuals — 1. But more thanscientology and the City. 2. Robust community engagement and true collaboration ii. Execution of plan 1. Accountability for plan execution 2. Balance of bold action and deliberate planning - Nimbleness or sense of urgency b. Personal observation Clearwater is great at creating plans, not so great at executing them 2. Guidance for "framing thestudy" a. ULI is essentiallyProject Management in three "Sectors for Action" i. Strategy Plans to be done — as identified by ULI ii. Communication bridges — robust community engagement and true collaboration. We need to be able totalk to each other instead of being frustrated with each other: Council, Chamber, CDP, Merchants, COS, County, residents. Likely need outside help.Citizen survey and Branding a start. iii. Plan Execution: Organizational Capacity and Implementation 1. Best practices from other Cities is to identify key strategies for the following year: Gainesville, Ft. Lauderdale, Miramar. Facilitated session 2. Quarterlyproject updates 3. Don't go changing priorities b. Identify strategy plan for Fiscal Year 2015 i. Identify dependencies — for example what is dependent on CMA? ii. Identify values /importance to the community iii. Estimate Resources Required iv. Council decide Strategy Priorities v. Develop detailed project plans vi. Measure progress and adjust as necessary to meet annual commitments c. Deliberateplanning, but a need to deliver some actions in theshort term (after all we spent $125K of the peoples money — can't wait for ever). 2014 -09 -29 Worksession ULI Report Next Steps.docx 1 1 Printed 9/29/2014 10:26 AM . \